ORDER AFFIRMING BANKRUPTCY COURT'S ORDER DENYING APPELLANT'S MOTION TO EXTEND TERM OF CREDITOR TRUST [1, 2] STEPHEN V. WILSON, District Judge. I. INTRODUCTION AND PROCEEDINGS BELOW Appellant Daewoo Motor America, Inc. ("DMA" or "Appellant") appeals the bankruptcy court's order denying as untimely its motion to extend the term of the Creditor Trust in connection with its Chapter 11 plan of reorganization. On May 16, 2002, Appellant filed a voluntary petition for bankruptcy under Chapter 11...
Order GRANTING in Part and DENYING in Part Defendant's Motion for Summary Judgment[17] Order GRANTING Plaintiff's Motion for Summary Adjudication [14] OTIS D. WRIGHT, II, District Judge. I. INTRODUCTION Pending before the Court are Aletheia Research and Management, Inc.'s ("Plaintiff") Motion for Summary Adjudication (Dkt. No. 14) and Houston Casualty Company's ("Defendant") Motion for Summary Judgment (Dkt. No. 17). After careful consideration of each parties' briefing and evidence...
ORDER GRANTING MOTION TO DISMISS A. HOWARD MATZ, District Judge. I. INTRODUCTION In this case, the first Foreign Corrupt Practices Act criminal prosecution against a corporation to proceed to jury trial, the Court has been asked to vacate the convictions and dismiss the indictment because of alleged prosecutorial misconduct. On November 29, 2011, the Court conducted a hearing on this motion. Before the hearing began, the Court provided a draft of this order to all the lawyers and allowed...
Proceedings: (In Chambers:) CROSS-DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (filed 8/4/2011) CHRISTINA A. SNYDER, District Judge. I. INTRODUCTION On April 9, 2008, plaintiffs Executive Security Management, Inc., d/b/a The APEX Group ("Apex"), and Contemporary Services Corporation ("CSC") filed the instant action in Los Angeles County Superior Court. With leave of court, plaintiffs filed a first amended complaint ("FAC") on November 11, 2009, against Jack Dahl ("Dahl"); Jeanette Johnson, in her...
FINDINGS OF FACT AND CONCLUSIONS OF LAW MARGARET M. MORROW, District Judge. On July 11, 2008, the Office of Thrift Supervision ("OTS") closed IndyMac Bank, F.S.B. ("IndyMac") and appointed the Federal Deposit Insurance Corporation ("FDIC") as the bank's receiver pursuant to 12 U.S.C. 1821(c)(2)(A). That same day, the FDIC formed IndyMac Federal Bank, a newly chartered depository institution, and transferred IndyMac's insured deposits to it. The FDIC made deposit insurance determinations for...
Proceedings: (In Chambers) Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment (fld 9-2-11) and Denying Plaintiffs' Motion for Summary Judgment (fld 9-2-11) JAMES V. SELNA, District Judge. Defendant United States Postal Service ("the Postal Service") moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiffs Robert Nigg ("Nigg") and Keith Lewis ("Lewis"), acting on behalf of current and former postal inspectors (collectively, "the...
Proceedings: (In Chambers) Order Denying Plaintiffs' Motion for Summary Judgment and Granting in Part and Denying in Part Defendants' Motion for Summary Judgment PHILIP S. GUTIERREZ, District Judge. Pending before the Court are Plaintiffs' and Defendants' cross-motions for summary judgment. The Court heard argument on the motions on October 11, 2011. After considering the moving and opposing papers and the arguments made at the hearing, the Court DENIES Plaintiffs' Motion for Summary Judgment,...
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE DEAN D. PREGERSON, District Judge. Presently before the court is Plaintiff Dr. Haoru Niu's Ex Parte Application for a Temporary Restraining Order ("TRO") and Order to Show Cause Regarding a Preliminary Injunction. The court has considered the materials submitted by the parties and GRANTS Plaintiff's application. I. BACKGROUND Dr. Niu is a medical doctor and doctor of philosophy in...
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION REQUIRING DEFENDANTS TO KEEP AND DISCLOSE MANDATORY PAYROLL RECORDS CHRISTINA SNYDER, District Judge. I. INTRODUCTION On October 17, 2011, plaintiffs Everardo Carrillo, Fernando Chavez, Eric Flores, Jose Martinez Arceo, Baltazar Zavala, and Juan Chavez filed a class action complaint asserting claims for: (1) violation of the Fair Labor Standards Act's requirements to pay minimum wage, to pay overtime premiums, and...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS DEAN D. PREGERSON, District Judge. Presently before the court is Defendant City of Lomita's Motion to Dismiss Plaintiff Robin K. Fortyune's Complaint ("Motion"). After reviewing the parties' moving papers and considering the arguments therein, the court DENIES the City's Motion. I. BACKGROUND Plaintiff Robyn K. Fortyune is a California resident with physical disabilities. She alleges that Defendant City of Lomita has violated the Americans with...
PROCEEDING (IN CHAMBERS): ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO COMPEL INDIVIDUAL ARBITRATIONS DAVID O. CARTER, District Judge. Before the Court are Defendants' Motions to Compel Individual Arbitration and to Dismiss or Stay Proceedings Pending Arbitration, in the consolidated cases Kevin Ferguson, et al. v. Corinthian Colleges, et al. (Doc. No. 38) and Sandra L. Muniz, et al. v. Corinthian Colleges, et al. (Doc. No. 21). 1 The Court finds this matter...
ORDER RE MOTIONS TO DISMISS THE COMPLAINT MARIANA R. PFAELZER, District Judge. I. INTRODUCTION & BACKGROUND This securities action concerns residential mortgage-backed securities ("RMBS") purchased by Allstate Insurance Company, Allstate Life Insurance Company, Allstate Life Insurance Company of New York, and American Heritage Life Insurance Company (collectively "Allstate" or "Plaintiffs") in multiple offerings structured and sold by several of the defendants. Allstate Insurance Company and...
ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS RONALD S. W. LEW, District Judge. This matter is before the Court on petitioner Francis Hernandez's petition for writ of habeas corpus. The Court has read the parties' briefs, together with supporting documentation. For the reasons and in the manner set forth below, the Court hereby GRANTS IN PART the petition for writ of habeas corpus based upon the ineffective assistance of counsel, jury misconduct and cumulative error. I. Factual...
Proceedings: (In Chambers) Order Denying Whittaker Corporation's Motion for Partial Summary Judgment PHILIP S. GUTIERREZ, District Judge. Wendy K. Hernandez, Deputy Clerk. Pending before the Court is Whittaker Corporation's Motion for Partial Summary Judgment. The Court finds the matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78; L.R. 7-15. Having read and considered the moving and opposing papers, the Court DENIES the motion. I. Background In 2008, the City of...
ORDER GRANTING SUMMARY JUDGMENT TO CITY DEFENDANTS ON FOURTEENTH AMENDMENT DEPRIVATION OF RIGHTS OF FAMILIAL ASSOCIATION CLAIM AND DENYING SUMMARY JUDGMENT ON FOURTH AMENDMENT WARRANTLESS ENTRY CLAIM [27] STEPHEN V. WILSON, District Judge. I. Introduction On October 29, 2010, Ricky Monteilh ("Plaintiff") filed this suit against the County of Los Angeles, Evelyn Gonzalez, Edyth Redmond, Maricruz Trevino, the City of West Covina, and Does (collectively, "Defendants"). Plaintiff's claims arise...
ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS JOSEPHINE STATON TUCKER, District Judge. Plaintiff Gina Delarosa, individually and on behalf of all others similarly situated, filed this action in California state court, alleging that Defendant Boiron, Inc. 1 defrauded Californians by claiming that a tablet called "Children's Coldcalm" would provide relief from sneezing, runny nose, nasal congestion, sinus pain, headaches, and sore throat. (Doc. 1, Ex. 2.) Defendant removed the...
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT CITY OF FULLERTON'S MOTION FOR SUMMARY JUDGMENT ANDREW J. GUILFORD, District Judge. This case raises disturbing allegations of police misconduct. Plaintiffs Kari Bode ("Bode") and Gina Nastasi ("Nastasi") (collectively, the "Plaintifs") filed a Complaint ("Complaint") against the City of Fullerton ("City" or "Defendant"), Albert Rincon ("Rincon"), and Christopher Wren, alleging that Officer Rincon sexually harassed them during their arrest....
Order Granting Defendant's Motion for Summary Judgment [32] and Denying Plaintiff's Motion for Partial Summary Judgment [26] STEPHEN V. WILSON, District Judge. I. Introduction On November 12, 2010, Shirley Jones ("Plaintiff"), an actress and vocalist, filed a class action complaint against Corbis Corporation ("Defendant"). Defendant is a Nevada Corporation and an online provider of copyright licenses for images. Defendant maintains a library of millions of images and it offers copyright...
ORDER GRANTING DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT CORMAC J. CARNEY, District Judge. INTRODUCTION Plaintiff Olander Enterprises, Inc. ("Olander") brings this copyright and trademark infringement action against Defendants Spencer Gifts, LLC, Spencer Gifts Holding, Inc., Spencer Gifts Online, LLC (collectively "Spencer Gifts"), Silver Moon Creations, Inc. ("Silver Moon"), Tri-Coastal Design...
PROCEEDING (IN CHAMBERS): DENYING DEFENDANT'S MOTIONS TO COMPEL ARBITRATION DAVID O. CARTER, District Judge. Before the Court are two Motions to Compel Arbitration and to Dismiss or, In the Alternative, Stay Proceedings filed by Defendant Rockwell Collins, Inc. in the above-captioned case ("Motions to Compel Arbitration") (Docket 29, 30). The court finds these matter appropriate for decision without oral argument. Fed.R.Civ. P. 78; Local Rule 7-15. After reviewing the moving, opposing and...
