CORRECTED STIPULATED REQUEST FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT; ORDER MORRISON C. ENGLAND, JR. , District Judge . WHEREAS, Defendants' responses to the Complaint are presently due on December 7, 2018; WHEREAS, the Union Defendants have filed a Motion to Sever and Transfer Venue (Dkt. 33), and Plaintiffs' response to that motion is due on December 27, 2018; WHEREAS, the Union Defendants, the Federal Defendants, and several of the State Defendants—California...
FINDINGS AND ORDER EXTENDING TIME FOR PRELIMINARY HEARING PURSUANT TO RULE 5.1(d) AND EXCLUDING TIME KENDALL J. NEWMAN , Magistrate Judge . The Court has read and considered the Stipulation for Extension of Time for Preliminary Hearing Pursuant to Rule 5.1(d) and Exclusion of Time, filed by the parties in this matter on December 17, `. The Court hereby finds that the Stipulation, which this Court incorporates by reference into this Order, demonstrates good cause for an extension of time...
SEALING ORDER ALLISON CLAIRE , Magistrate Judge . Upon application of the United States of America and good cause having been shown, IT IS HEREBY ORDERED that the above-captioned case shall be filed under seal and shall not be disclosed to any person unless otherwise ordered by this Court.
[PROPOSED] ORDER TO RELEASE DEBORAH L. BARNES , Magistrate Judge . By separate Order entered this date, the Court granted the United States' motion to dismiss the criminal complaint filed against defendant Kenneth James Miles, in the above-captioned matter, and directed the Clerk of the Court to close this case. Accordingly, with good cause appearing, IT IS ORDERED that Kenneth James Miles be released from federal custody in the above-captioned case immediately.
[PROPOSED] ORDER TO DISMISS CRIMINAL COMPLAINT DEBORAH L. BARNES , Magistrate Judge . On December 20, 2018, the United States filed a Motion to Dismiss its criminal complaint against defendant Kenneth James Miles. For the reasons set forth in the motion, IT IS HEREBY ORDERED that the criminal complaint in Case No. 2:18-MJ-242-AC is hereby DISMISSED pursuant to Federal Rule of Criminal Procedure 48(a), without prejudice. IT IS FURTHER ORDERED that the Clerk of the Court close this case.
ORDER REGARDING CLERK'S ISSUANCE OF WARRANT FOR ARREST OF ARTICLES IN REM JENNIFER L. THURSTON , Magistrate Judge . WHEREAS, a Verified Complaint for Forfeiture In Rem has been filed on October 17, 2018, in the United States District Court for the Eastern District of California, alleging that the defendants Approximately $2,676,000.00 in U.S. Currency and Approximately $5,857.00 in U.S. Currency ("Defendant Currency") are subject to forfeiture to the United States pursuant to 21 U.S.C....
ORDER FOR WITHDRAWAL OF DEPOSIT OF PROBABLE COMPENSATION LAWRENCE J. O'NEILL , Chief District Judge . Having read and considered the Motion for Withdrawal of Deposit of Just Compensation by Defendants Charles Dunn and Tyler Wendt, Trustee (collectively "Defendants"), as well as Plaintiff's response, ECF No. 61, Defendants' reply, ECF No. 63, and various supplemental filings. ECF Nos. 67 & 69, and good cause having been shown, the Court finds that (i) Defendants each own a fifty percent (50%...
ORDER MORRISON C. ENGLAND, JR. , District Judge . Pursuant to the parties' request within their Joint Notice of Settlement (ECF No. 32) the Court hereby vacates all currently set dates, with the expectation that the parties will file a Joint Stipulation for Dismissal within 60 days. The Court sets a Status Conference/OSC for February 21, 2019 at 11:00 a.m., at which the parties, by and through their attorneys of record, shall show cause why this case is not dismissed. If this case is...
ORDER GRANTING STIPULATED DISMISSAL OF DEFENDANT PFIZER INC. MORRISON C. ENGLAND, JR. , District Judge . Before the Court is the stipulation of Plaintiffs Javad Miboudi and Nemi Miboudi ("Plaintiffs") and Defendant Pfizer Inc. ("Pfizer") to dismiss Pfizer from this action without prejudice. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Court GRANTS the stipulated request for dismissal without prejudice as to Pfizer only. Defendant Pfizer Inc. is hereby dismissed from...
ORDER MORRISON C. ENGLAND, JR. , District Judge . Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On August 22, 2018, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and...
ORDER MORRISON C. ENGLAND, JR. , District Judge . Presently before the Court are Motion to Compel Arbitration and Stay this Action (ECF No. 15) filed by Defendant Citibank (CBNA) and a Motion to File a Second Amended Complaint (ECF No. 17) filed by Plaintiff. Plaintiff's Motion is GRANTED, and Defendant's Motion is DENIED without prejudice as moot given the impending filing of a superseding pleading. Not later than five (5) days following the date this order is electronically filed,...
STIPULATION TO STAY ACTION AND ORDER MORRISON C. ENGLAND, JR. , District Judge . STIPULATION WHEREAS, Plaintiffs filed their Complaint (ECF No. 1) on August 15, 2018; WHEREAS, the Court issued the Initial Pretrial Scheduling Order (ECF No. 3) on August 16, 2018, which ordered the parties to meet and confer as required under Rule 26(f) of the Federal Rules of Civil Procedure (FRCP) within sixty (60) days of service of the complaint on any party; WHEREAS, FRCP Rule 26(a)(1)(C) requires...
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DETENTION HEARING ALLISON CLAIRE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED between the Government, through Assistant United States Attorney Timothy H. Delgado, and Defendant Salvador Jesus Ramirez, through his attorney Daniel B. Olmos, that the detention hearing in this matter be continued from Monday, December 10, 2018, to Wednesday, December 12, 2018. The basis for this request is that the probation officer assigned to...
ORDER MORRISON C. ENGLAND, JR. , District Judge . The Court has reviewed Plaintiff's Motion for Reconsideration (ECF No. 42). No basis for reconsideration has been shown, and that request is hereby DENIED. IT IS SO ORDERED.
MEMORANDUM AND ORDER MORRISON C. ENGLAND, JR. , District Judge . In bringing the present lawsuit, Plaintiff Arsen Abramyan ("Abramyan") and his wife, Plaintiff Narina Zakharyan (collectively "Plaintiffs"), allege that their automobile insurer, Defendant Government Employees Insurance Company ("GEICO") improperly denied a theft loss claim for a vehicle registered to Abramyan. According to GEICO, that denial was justified because various misrepresentations made by Abramyan in the course of...
STIPULATION AND PROTECTIVE ORDER REGARDING PRIVILEGED AND CONFIDENTIAL INFORMATION MORRISON C. ENGLAND, JR. , District Judge . Pursuant to Local Rule 140(b), Defendant Superior Court of California, County of Shasta ("Defendant" or "Superior Court") and Plaintiff Jaime Schmidt ("Plaintiff" or "Schmidt") (collectively, the "Parties") hereby stipulate and agree as follows: 1. A trial on Plaintiff's ninth and tenth causes of action against Defendant for retaliation under Title VII of the...
JOINT STIPULATION AND ORDER REGARDING SCHEDULING ORDER MORRISON C. ENGLAND, JR. , District Judge . Plaintiffs and Defendant AT&T Digital Life, Inc. ("AT&T") (collectively with Plaintiffs, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows: WHEREAS, on August 19, 2014, Plaintiffs filed a Motion to Conditionally Certify FLSA Collective Action (Dkt 54); WHEREAS, on November 24, 2014, Defendant Carter Brothers Security Services, LLC filed a Notice...
ORDER MORRISON C. ENGLAND, JR. , District Judge . Presently before the Court is Plaintiff Loretta Bruce's ("Plaintiff") motion for reconsideration (ECF No. 31) of the Magistrate Judge's order (ECF No. 30) denying in part several of her motions to compel discovery in this long-term disability action. 1 More specifically, the magistrate judge declined to compel discovery regarding other claims brought by other claimants that have previously been considered by Defendant Hartford Life...
ORDER MORRISON C. ENGLAND, JR. , District Judge . By way of the present action, Plaintiffs Robin and Jonathan Dobbel ("Plaintiffs") seek redress from Defendants Liberty Insurance Corporation ("Liberty"), Liberty Mutual Insurance Company ("Liberty Mutual"), Liberty Mutual Holding Company ("Liberty Holding") 1 , and Andi Shaffer ("Shaffer"), an insurance adjuster for Liberty (collectively "Defendants"). In response to the Court's July 20, 2018 Order (ECF No. 28), Plaintiffs filed a Second...
ORDER MORRISON C. ENGLAND, JR. , District Judge . Presently before the Court is Defendants' Motion to Dismiss (ECF No. 19), which is premised in part on the argument that this Court should abstain from hearing this case because a challenge to the underlying custody proceedings remains pending before California's Third District Court of Appeal. Based on this Court's review of the docket in that case, it appears those proceedings have terminated. Accordingly, not later than twenty (20) days...
