ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS CLAUDIA WILKEN, District Judge. INTRODUCTION Pro se Petitioner Keith Holder, a state prisoner incarcerated at the Correctional Training Facility in Soledad, California, seeks a writ of habeas corpus under 28 U.S.C. 2254, challenging the October 26, 2006 decision of the California Board of Parole Hearings (BPH) denying him parole at his fifth parole suitability hearing. Doc. No. 1 at 3 & 24. At the time he was denied parole in 2006,...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND DENYING DEFENDANT'S MOTION TO STRIKE RICHARD SEEBORG, District Judge. I. INTRODUCTION In this products liability case, plaintiff Sue Quatela alleges she was injured when her physician implanted a prescription infusion pump following surgery on her shoulder. Quatela's complaint asserts six claims for relief: (1) negligence; (2) strict product liability; (3) breach of express warranty; (4) breach of implied warranty; (5) negligent...
ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT RICHARD SEEBORG, District Judge. I. INTRODUCTION This action had its genesis in 1999 when plaintiff Richard B. Fox, who by all accounts is a highly competent and well respected pediatrician, had his privileges to practice at Good Samaritan Hospital ("GSH") suspended. The ostensible basis for that action was Fox's refusal to comply with a then newly imposed rule requiring pediatricians to designate as "back-ups" two physicians holding...
ORDER REVERSING AND REMANDING DECISION OF BANKRUPTCY COURT JANIS L. SAMMARTINO, District Judge. Joseph and Mary Hart ("Appellants") appeal from the Bankruptcy Court's Order and Decree on the Motions to Value Collateral and Avoid Liens, dated May 6, 2009 and entered on that same date. The Notice of Appeal to the United States District Court was timely filed on the date of that Order and Decree, and a written statement of election to have the appeal heard by the district court was filed with...
ORDER GRANTING PARTIAL SUMMARY JUDGMENT AND DENYING MOTIONS TO STRIKE AND LIMIT TRIAL TESTIMONY WILLIAM ALSUP, District Judge. INTRODUCTION In this patent infringement action involving intrafallopian contraceptive devices, the parties each move for summary judgment. Plaintiff Conceptus, Inc. requests summary adjudication of the following: 1. That defendant Hologic, Inc. has contributed to the direct infringement of method claims 37 and 38 of U.S. Patent No. 6,634,361 through the sale of...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS LUCY H. KOH, District Judge. Defendant Hewlett-Packard Company ("HP") moves to dismiss Plaintiff Chaim Kowalsky's First Amended Class Action Complaint ("FAC") for failure to state a claim pursuant to Rules 12(b)(6) and 9(b). The Court heard oral argument on November 23, 2010. Having considered the parties' submissions and arguments, the Court grants in part and denies in part Defendant's motion to dismiss. I. Background This case...
ORDER 1 GRANTING DEFENDANTS' MOTIONS TO STRIKE AND DISMISS, AND DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE THEIR FOURTH AMENDED COMPLAINT JEREMY FOGEL, District Judge. I. BACKGROUND A. Procedural history On April 25, 2008, Plaintiff Molly Stearns ("Stearns"), a California resident, filed a complaint in the Santa Clara Superior Court alleging that she had found mold in a Sleep Number bed purchased at Bed Bath & Beyond ("BBB") in 2000. The complaint alleged claims for strict product...
ORDER RE: NEXT LEVEL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; UNUM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; AND PLAINTIFF'S MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT SUSAN ILLSTON, District Judge. On December 16, 2010, the Court heard argument on the three currently pending motions: (1) the motion for summary judgment filed by defendants Next Level Communications and Next Level Communications Group Long Term Disability Plan; (2) the motion for summary judgment filed by defendants Unum...
ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS (Docket Nos. 58 & 66) CLAUDIA WILKEN, District Judge. Plaintiff Kramer has filed suit against Defendants Autobytel, Inc., B2Mobile, LLC, and LeadClick Media, Inc., under the Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (TCPA). The complaint alleges that Defendants sent Kramer and other similarly situated individuals thousands of unauthorized text messages. On October 26, 2010, on the parties' stipulation, the Court dismissed with...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S SEVENTH COUNTERCLAIM FOR FALSE MARKING JANIS L. SAMMARTINO, District Judge. Defendants Bugaboos Eyewear, Corp., and Bugaboos Eyewear (U.S.) Inc., (collectively Bugaboos) allege in its counterclaim that Plaintiff Oakley, Inc. (Oakley) falsely marked its products in violation of 35 U.S.C. 292, the patent false marking statute. In response, Oakley motions for summary judgment on the issue whether warranty cards—packaged with...
ORDER RE PARTIAL MOTION TO DISMISS [Doc. No. 430] JEREMY FOGEL, District Judge. Plaintiffs are condemned prisoners whom Defendants seek to execute pursuant to California's operative lethal-injection protocol, California Code of Regulations, title 15, sections 3349 et seq. (2010), which took effect on August 29, 2010. ( See Doc. No. 432-1.) On December 15, 2006, this Court found that an earlier version of the protocol, then officially designated as San Quentin Operational Procedure No. 0-770,...
ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT (Docket Nos. 48 and 56) CLAUDIA WILKEN, District Judge. Plaintiffs Mt. McKinley Insurance Company and Everest Reinsurance Company assert a claim for equitable contribution against Defendant Swiss Reinsurance America Corporation. Plaintiffs move for summary judgment. Defendant opposes Plaintiffs' motion and cross-moves for summary judgment. Plaintiffs oppose Defendant's cross-motion....
ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND MOTION TO STRIKE THELTON E. HENDERSON, District Judge. This matter came before the Court on December 14, 2010, on the parties' motions for summary judgment and motion to strike. For the reasons set forth below, the motion for summary judgment filed by Plaintiff and Counterdefendant ING Bank, fsb ("ING") is GRANTED IN PART and DENIED IN PART. The motions for summary judgment and motion to strike filed by Defendants and Counterclaimants Changseob Ahn...
ORDER GRANTING MOTION TO DISMISS AND GRANTING IN PART AND DENYING IN PART MOTION TO ALTER OR AMEND JUDGMENT CHARLES R. BREYER, District Judge. There are two Motions presently before the Court. First, Plaintiffs move to alter or amend this Court's Order granting them leave to amend but not including in that leave permission to add a new named Plaintiff (Brian Vowell) as a subclass representative. See Sept. 8, 2010 Order (Dkt. 314) at 12-14; 1 Sept. 20, 2010 Order (Dkt. 317) (granting...
ORDER GRANTING IN PART AND DENYING IN PART AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY'S MOTION FOR PARTIAL SUMMARY JUDGMENT ORDER GRANTING COLUMBIA CASUALTY COMPANY'S REQUEST FOR JUDICIAL NOTICE LUCY H. KOH, District Judge. On August 12, 2010, Counterdefendant and Crossclaimant American International Specialty Lines Insurance Company ("AISLIC") moved for partial summary judgment against Plaintiff, Counterdefendant, and Crossdefendant Columbia Casualty Company ("Columbia"). Dkt....
ORDER GRANTING PRELIMINARY INJUNCTION LARRY ALAN BURNS, District Judge. On October 29, 2010, Plaintiff (the "Tribe") filed its complaint, alleging Defendants' decision to approve a solar energy project violated various provisions of federal law. On November 12, the Tribe filed a motion for preliminary injunction, asking the Court to issue an order to preserve the status quo by enjoining proceeding with the project, pending the outcome of this litigation. After the motion was filed, Imperial...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION (FRCP 12(b)(1)) AND FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (FRCP 12(b)(6)), AND IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT (FRCP 12(e)) [Docket No. 56] JOSEPH C. SPERO, United States Magistrate Judge. I. INTRODUCTION Plaintiffs in this action are union members who assert claims under the Labor Management Relations Disclosure...
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ROGER T. BENITEZ, District Judge. Petitioner, an inmate at Centinela State Prison, filed this action seeking a writ of habeas corpus under 28 U.S.C. 2254 ("Petition"). On September 16, 2010, Magistrate Judge Barbara Major submitted a Report and Recommendation recommending that this Court enter an order: (1) granting the Petition; (2) releasing the Petitioner immediately; and (3) directing that Petitioner's parole term be reduced and...
ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION TO STRIKE ELIZABETH D. LAPORTE, United States Magistrate Judge. This patent infringement case involves technology to enable user-generated and user-controlled content to be published and password-protected on the internet. On May 26, 2010, Plaintiff MySpace, joined by Plaintiff craigslist, moved for summary judgment, arguing that Defendant's patents-in-suit are invalid as anticipated and obvious....
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR ATTORNEYS' FEES AND COSTS SAMUEL CONTI, District Judge. I. INTRODUCTION This action stems from the allision of the cargo ship M/V COSCO BUSAN with the San Francisco-Oakland Bay Bridge on November 7, 2007. On September 3, 2010, the Court held a hearing on the Motion for Final Approval of Class Action Settlement filed by Dungeness Crab Skippers and Crewmembers. ECF No. 263. Defendants Regal Stone Limited ("Regal Stone"), Fleet...
