ORDER CONSOLIDATING CASES AND APPOINTING LEAD PLAINTIFF JON S. TIGAR , District Judge . Before the Court are several motions to consolidate Shenwick v. Twitter , Case No. 16-cv-5314 with Degenhardt v. Twitter , Case No. 16-5439 (the "Related Actions") and to appoint Lead Plaintiff. The Court grants the motions to consolidate, and appoints KBC Asset Management as Lead Plaintiff. I. CONSOLIDATION A. Legal Standard "When actions involving a common question of law or fact are pending...
STIPULATION AND [PROPOSED] ORDER TO ENLARGE TIME TO FILE DROPBOX'S MOTION FOR AWARD OF ATTORNEYS' FEES EDWARD M. CHEN , District Judge . On December 13, 2016, the Court entered Judgment in this matter "in favor of Plaintiff Dropbox, Inc. and against Defendant Thru Inc. on Dropbox's complaint and Thru's counterclaims." Dkt. No. 149. Under Federal Rule of Civil Procedure 54 and Local Rule 54-5, Dropbox's deadline to file any motion for attorneys' fees is December 27, 2016. Given the...
DEFENDANT SMITH'S AMENDED MOTION AND DECLARATION OF COUNSEL IN SUPPORT OF MOTION FOR AN ORDER PERMITTING DEFENDANT TO LEAVE HIS HOME 3 HOURS A DAY THROUGH JANUARY 3, 2017 TO VISIT FRIENDS AND FAMILY AND PROPOSED ORDER CHARLES R. BREYER , District Judge . TO: The United States of America, Plaintiff, AUSA Michael Maffei, Counsel for Plaintiff and United States Pretrial Services Officer Anthony Granados. Defendant Eric Smith, by and through counsel, respectfully moves the Court for an...
FINDINGS OF FACT AND ORDER RE WAIVER OF DETENTION PENDING TRIAL JAN M. ADLER , Magistrate Judge . In accordance with the Bail Reform Act of 1984,18 U.S.C. 3142(f), a detention hearing was scheduled for DECEMBER 30,2016, to determine whether IVAN BAZAN, (the "Defendant") should be held in custody without bail pending trial and, if convicted, sentencing in the above-captioned matter. At the hearing on DECEMBER 30, 2016, the Defendant knowingly and voluntarily waived all rights, on...
ORDER AND JUDGMENT TO DISMISS INFORMATION WITHOUT PREJUDICE PETER C. LEWIS , Magistrate Judge . Upon motion of the United States of America and good cause appearing, IT IS HEREBY ORDERED that the Information in the above-entitled case be dismissed without prejudice. IT IS SO ORDERED.
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO RESPOND TO CONSOLIDATED FOURTH AMENDED COMPLAINT EDWARD M. CHEN , District Judge . Pursuant to Local Rule 6-1(a), Plaintiffs Kelly Carroll, Antonio Ponce, and Chrystiane Layog ("Plaintiffs") and Defendants Wells Fargo & Co. and Wells Fargo Bank, N.A. ("Defendants" or "Wells Fargo") hereby stipulate to extend the time within which Wells Fargo has to answer or otherwise respond to the Consolidated Fourth Amended Complaint [Dkt. No. 142]....
STIPULATION TO PLAINTIFF'S AWARD OF ATTORNEY'S FEES AND COSTS AND PROPOSED ORDER MARIA-ELENA JAMES , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the approval of the Court, that Plaintiff's counsel, as Plaintiff's assignee, be awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of FIVE THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($5750.00). This amount represents compensation for all legal...
STIPULATION FOR AWARD OF EAJA FEES. EDWARD M. CHEN , District Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded THREE THOUSAND FIVE HUNDRED AND FIFTY-FIVE DOLLARS AND 00/100 ($3,474.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil...
STIPULATION AND [Proposed] ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE EDWARD M. CHEN , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties, by and through their attorneys of record, stipulate that the entire action including all claims against all defendants shall be dismissed with prejudice, each party to bear its own costs and fees. The parties have fully executed the terms of a Release Agreement and dismissal should be granted pursuant to...
ORDER FOR PRETRIAL PREPARATION THELTON E. HENDERSON , District Judge . Good cause appearing, IT IS HEREBY ORDERED that: 1. TRIAL DATE . Trial before the COURT/ JURY will begin in Courtroom No. 2 on OCTOBER 24, 2017 , at 9:00 AM. If the Court advises counsel that they must be prepared to go to trial on a trailing basis, then the trial will begin as soon after the scheduled date as possible. The trial shall last for an estimated 12 trial days. The trial of liability and damages...
ORDER FOR PRETRIAL PREPARATION THELTON E. HENDERSON , District Judge . Good cause appearing, IT IS HEREBY ORDERED that: 1. TRIAL DATE . Trial before the COURT/ JURY will begin in Courtroom No. 2 on JUNE 20, 2017 at 9:00 AM. If the Court advises counsel that they must be prepared to go to trial on a trailing basis, then the trial will begin as soon after the scheduled date as possible. The trial shall last for an estimated 5 trial days. The trial of liability and damages issues...
CLASS ACTION STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE EDWARD M. CHEN , District Judge . STIPULATION The parties to this action, by and through their respective counsel, stipulate and agree as follows: WHEREAS, this case is a putative class action brought under the Securities Exchange Act of 1934 (the "Exchange Act"); WHEREAS, section 21D(b)(3)(B) of the Exchange Act, 15 U.S.C. section 78u-4(b)(3)(B), provides for a mandatory and automatic stay of all discovery...
ORDER FOR PRETRIAL PREPARATION THELTON E. HENDERSON , District Judge . Good cause appearing, IT IS HEREBY ORDERED that: 1. TRIAL DATE. Trial before the COURT JURY will begin in Courtroom No. 2 on JANUARY 23, 2018 at 9:00 AM. If the Court advises counsel that they must be prepared to go to trial on a trailing basis, then the trial will begin as soon after the scheduled date as possible. The trial shall last for an estimated 7 trial days. The trial of liability and damages issues...
STIPULATION REGARDING DECEMBER 14, 2016 MOTION OF FORFEITURE OF PROPERTY HEARING KANDIS A. WESTMORE , District Judge . TO THE ABOVE-ENTITLED COURT, AND UNITED STATES DEPARTMENT OF JUSTICE, ANTITRUST DIVISION — SAN FRANCISCO OFFICE: PLEASE TAKE NOTICE that this matter is set for a hearing on the United States' Motion of Forfeiture of Property on December 14, 2016 at 10:30 a.m. Since the United States filed its motion, defendant Stephan Florida has pleaded guilty pursuant to a plea...
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO RESPOND TO CONSOLIDATED FOURTH AMENDED COMPLAINT EDWARD M. CHEN , District Judge . Pursuant to Local Rule 6-1 (a), Plaintiffs Kelly Carroll, Antonio Ponce, and Chrystiane Layog ("Plaintiffs") and Defendants Wells Fargo & Co. and Wells Fargo Bank, N.A. ("Defendants" or "Wells Fargo") hereby stipulate to extend the time within which Wells Fargo has to answer or otherwise respond to the Consolidated Fourth Amended Complaint [Dkt. No. 142]....
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR THE FILING AND SERVICE OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF THEIR MOTION TO REMAND WILLIAM H. ORRICK , District Judge . It is hereby stipulated by and between the parties, Plaintiffs WILLIAM JEFF HOLLEY and PHILLIP CALVIN and Defendants TECHTRONIC INDUSTRIES NORTH AMERICA, INC. and ONE WORLD TECHNOLOGIES, INC., by and through their respective attorneys of record, to extend the time for the filing and service of Plaintiffs' reply...
STIPULATIONS REGARDING BENCH TRIAL VINCE CHHABRIA , District Judge . I. INTRODUCTION The parties hereby submit the following stipulations for trial by the Court, pursuant to Federal Rule of Criminal Procedure 23. This trial concerns the unlawful possession of child pornography. On May 7, 2015, the Grand Jury returned an Indictment (ECF No. 7) charging the Defendant with one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(B). On...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND [ECF No. 13] CYNTHIA BASHANT , District Judge . Plaintiff Monica Rael brings this case pursuant to the Class Action Fairness Act, 28 U.S.C. 1332(d)(2), asserting four causes of action for violations of: (1) California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof. Code 17200, et seq. ; (2) California's False Advertising Law ("FAL"), Cal. Bus. & Prof. Code 17500 et seq. ; (3) California's Consumer Legal Remedies...
ORDER GRANTING MOTION TO DISMISS Re: Dkt. No. 49 HOWARD R. LLOYD , Magistrate Judge . Defendants Ocwen Loan Servicing, LLC ("Ocwen"), Wells Fargo Bank, N.A. ("Wells Fargo"), and Homeward Residential, Inc. ("Homeward"), move to dismiss the first amended complaint filed by plaintiff Rizalde Santos ("Santos"). Santos's first amended complaint includes claims for breach of contract, breach of the implied covenant of good faith and fair dealing, violation of the Real Estate Settlement...
ORDER REASSIGNING CASE AND REPORT & RECOMMENDATION TO REMAND JACQUELINE SCOTT CORLEY , Magistrate Judge . Plaintiff brought this state-law unlawful detainer action against Defendant in the Superior Court of California for the County of Contra Costa seeking to evict Defendants from real property located in Oakland, California. Defendants Josephine Iiga, Leonard Parham, and Susan Robinson, representing themselves, removed the action to federal court. Given the lack of subject matter...
