MEMORANDUM MORRISON C. ENGLAND, JR. , District Judge . Honorable Morrison C. England, Jr. RE: Hung Ngoc Pham. United States District Judge Docket Number: 0972 2:10CR00284-002. Sacramento, California PERMISSION TO TRAVEL OUTSIDE THE COUNTRY Your Honor: Hung Ngoc Pham is requesting permission to travel to Cancun, Mexico. Hung Ngoc Pham is current with all supervision obligations, and the probation officer recommends approval be granted. Conviction and...
EZEQUIEL PEREZ MARTINEZ APPLICATION FOR MODIFICATION OF CONDITIONS OF RELEASE ERICA P. GROSJEAN , Magistrate Judge . TO DUTY MAGISTRATE JUDGE ASSIGNED, AUSA BRIAN K. DELANEY AND PRE-TRIAL SERVICES OFFICER FRANK GUERRERO: Comes now, defendant Ezequiel Perez Martinez, by and through his counsel of record Richard G. Cenci, requesting that his conditions of release be modified as follows: Defendant was previously released by order of the court with conditions and placed in the custody of...
STIPULATION AND [PROPOSED] PROTECTIVE ORDER DEBORAH L. BARNES , Magistrate Judge . WHEREAS, the parties desire to prevent the unauthorized disclosure or dissemination of certain sensitive discovery materials to anyone not a party to the court proceedings in this matter; WHEREAS, the sensitive discovery materials at issue include personal identifying information and medical information for individuals not party to this matter; WHEREAS, the parties agree that entry of a stipulated...
STIPULATION AND [PROPOSED] ORDER TO MODIFY SPECIAL CONDITION OF RELEASE DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Jeremy Kelley, Assistant United States Attorney, attorney for Plaintiff, and Noa E. Oren, attorney for Ivan Louis Sebastian Ramirez, that release conditions #12, imposed on Mr. Ramirez on February 2, 2016 (Dckt. 6) will be modified to allow Mr. Ramirez to visit his mother (Mae Ramirez) on...
STIPULATION AND [PROPOSED] ORDER TO MODIFY THE CONDITIONS OF PRETRIAL RELEASE DEBORAH BARNES , Magistrate Judge . THE PARTIES HEREBY STIPULATE AND AGREE that the conditions of pretrial release imposed on defendant, ROBERT TURCHIN, may be modified to allow him to travel to and within the State of Nevada between the dates of December 28, 2016 and January 6, 2017, without a court order, but with notification to pretrial. As discussed between counsel, Mr. Turchin has a pre-paid family...
ORDER RE STIPULATION TO STAY ALL PROCEEDINGS JURY TRIAL DEMANDED Complaint Filed: October 31, 2016. MORRISON C. ENGLAND, Jr. , District Judge . TO ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: Upon consideration of the Stipulation to Stay Proceedings submitted by Plaintiffs SONNA HODGES and RICHARD HODGES, and Defendants DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, and THOMAS P.SCHMALZRIED, M.D., a PROFESSIONAL CORPORATION (hereafter collectively "the Parties"); upon consideration of all...
IN ADMIRALTY JUDGMENT OF FORECLOSURE OF PREFERRED SHIP MORTGAGE JOHN A. MENDEZ , District Judge . JUDGMENT OF FORECLOSURE OF PREFERRED SHIP MORTGAGE On March 16, 2015, the Magistrate judge filed findings and recommendations herein, which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days [ECF 160]. No objections were filed. On May 14, 2015, this Court filed an order adopting the findings of...
AMENDED STIPULATION FOR EXTENSION OF TIME FOR PRELIMINARY HEARING PURSUANT TO RULE 5.1(d), EXCLUSION OF TIME AND WAIVING TIME FOR INDICTMENT DEBORAH BARNES , Magistrate Judge . Plaintiff United States of America, by and through its attorney of record, Assistant United States Attorney HEIKO P. COPPOLA, and defendant KAREN MATHEWS DAVIS, both individually and by and through her counsel of record, RANDY THOMAS, hereby stipulate as follows: 1. The Complaint in this case was filed on October...
WAIVER OF APPEARANCE AND ORDER BARBARA A. McAULIFFE , District Judge . Defendant, RASHAWN ALKOBADI, hereby waives his right to be present in person in open court on this date December 12, 2016 at 12:15 p.m. before the Honorable Judge McAuliffe in the above-entitled court. Defendant hereby requests the court proceed in his absence and agrees that his interests will be deemed represented at future court-ordered dates by presence of his attorney, NICHOLAS F. REYES. Defendant further agrees to...
ORDER RE: MOTION FOR REMAND AND MOTION FOR ATTORNEY'S FEES (Doc. 9). ANTHONY W. ISHII , Senior District Judge . Plaintiff Max Madayag is a former employee of Defendant McLane/Suneast, Inc.; he was a truck driver. Defendant Patricia Hawkins works for Defendant McLane as a human resources manager. In April 2015, Plaintiff suffered an injury to his shoulder while on the job. He was put on some form of light, modified work duty until July 27, 2015. Plaintiff underwent surgery on August 22,...
ORDER DISCHARGING ORDER TO SHOW CAUSE ORDER RELATING AND REASSIGNING CASES JENNIFER L. THURSTON , Magistrate Judge . On December 7, 2016, the Court ordered the parties to show cause why these matters should not be consolidated due to the similarity of issues raised in the complaints. The parties have responded and assert that the matters should not be consolidated. The Court does not, necessarily, agree but will reserve ruling on this question until a later date, if it becomes appropriate....
EX PARTE APPLICATION AND [ [PROPOSED[ ] ORDER TO SEAL DEFENSE COUNSEL'S REQUEST WILLIAM B. SHUBB , District Judge . PLEASE TAKE NOTICE that defendant Van Thieng Di moves the Court for an order sealing Defense Counsel's Request which has been lodged with the Court under seal. The application will be made upon the grounds that good cause exists to file the declaration under seal. ORDER Good cause appearing the Court hereby orders the Defense Counsel's Request sealed.
ORDER WILLIAM B. SHUBB , District Judge . On December 16, 2016, defendant Van Thieng Di filed a motion to correct Sentence Pursuant to Federal Rule of Criminal Procedure 36. (Docket No. 77.) The United States shall file an opposition to defendant's motion no later than January 19, 2017. Defendant may then file a reply no later than January 26, 2017. The court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. IT...
ORDER DEBORAH BARNES , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. 1983. Before the court is plaintiff's motion for reconsideration of an order denying his request to correspond with an inmate witness. Plaintiff contends that he needs to correspond with the inmate witness to obtain an affidavit to oppose defendants' summary judgment motion. Also before the court is defendants' motion to modify the...
ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security ("Commissioner") denying plaintiff's application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("Act"). 1 In her motion for summary judgment, plaintiff principally contends that the Commissioner erred by finding that plaintiff was not disabled from October 1, 2006, plaintiff's alleged disability onset date, through...
ORDER AND STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT TROY L. NUNLEY , District Judge . WHEREAS, on November 6, 2016 Plaintiff Maira Munguia ("Plaintiff") filed a complaint against defendant Jack-In-The-Box ("Defendant") entitled Maira Munguia v. Jack-In-The-Box, Case No. 2:16-at-01367 (hereinafter the "Complaint") (collectively, Plaintiff and Defendant hereinafter shall be referred to as, the "Parties"); WHEREAS, on December 9, 2016, Defendant was served with the Complaint...
FINDINGS AND RECOMMENDATIONS DEBORAH BARNES , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. 1983. In his complaint, plaintiff alleges defendant's establishment of a postcard-only mail policy violated his First Amendment rights. Before the court are defendant's motions for summary judgment and to strike, and plaintiff's request for sanctions. Defendant seeks summary judgment on the grounds that plaintiff...
FINAL JUDGMENT OF FORFEITURE JOHN A. MENDEZ , District Judge . Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against Approximately $18,000.00 seized from Chase Bank account number 3121639956 1 , held in the name of Mariano Vallejo, and Approximately $5,000.00 in U.S. Currency (hereafter "defendant funds") seized on or about April 10 and 16, 2012. 2. A Verified Complaint for Forfeiture In Rem ("Complaint") was filed...
FINDINGS AND RECOMMENDATIONS ALLISON CLAIRE , Magistrate Judge . In this prisoner civil rights action, plaintiff challenged the Religious Meat Alternate Program offered to prisoners by the California Department of Corrections and Rehabilitation (CDCR), as implemented by a March 18, 2010 memorandum authored by sole remaining defendant George Giurbino, former Director of CDCR's Division of Adult Institutions. Plaintiff, a Muslim, contended that CDCR should provide Muslim inmates with a fully...
ORDER TO SHOW CAUSE DEBORAH BARNES , Magistrate Judge . Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. 636(b)(1). On December 5, 2016, defendants filed a motion to dismiss plaintiff's second amended complaint and noticed that motion for hearing before the undersigned on January 6, 2017. (ECF No. 30.) Pursuant to Local Rule 230(c) plaintiff was to file an opposition or statement...
