JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND MEDIATION DEADLINE; [PROPOSED] ORDER THEREON KANDIS A. WESTMORE , Magistrate Judge . Plaintiffs and Defendant Vortex Marine Construction, Inc., A California Corporation, ("Vortex" or "Defendant"), by and through their respective counsel of record, hereby respectfully request to continue the Case Management Conference, currently on calendar for October 23, 2018 for approximately ninety (90) days. Plaintiffs and Defendant...
ORDER RELEASING DEFENDANT DONNA M. RYU , Magistrate Judge . On December 15, 2017, the Court agreed to release defendant John Cobb to a halfway house once a bedspace become available. Probation Office Nicole Brow advised that defendant will be able to go the San Francisco RRC at 111 Taylor Street in San Francisco, CA on January 3, 2018. Therefore, it is hereby ORDERED that Defendant JOHN COBB be RELEASED from the custody of the United States Marshals Service on the morning of Wednesday...
[Removal from Superior Court of California. Alameda County Superior Court Case No. RG17859726] JOINT STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE MARIA-ELENA JAMES , District Judge . The parties to this action, acting through counsel and, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), hereby stipulate, in consideration of a negotiated settlement executed by them, to the Dismissal With Prejudice of the above-entitled action, with each party to bear its own attorneys'...
ORDER FOR REASSIGNMENT; REPORT AND RECOMMENDATION TO DENY MOTION TO REMAND Re: Dkt. No. 10 SUSAN VAN KEULEN , Magistrate Judge . On November 15, 2017, Defendant eBay, Inc. ("Defendant") removed this action from Santa Clara Superior Court pursuant to 28 U.S.C. 1441. ECF 1. The case was assigned to the undersigned magistrate judge. Plaintiff Syed Nazim Ali ("Plaintiff"), proceeding pro se, and Defendant have both declined to proceed before a magistrate judge. ECF 7, 14. Now pending in...
ORDER GRANTING MOTION TO DISMISS SECOND AMENDED COMPLAINT (Doc. No. 67) CATHY ANN BENCIVENGO , District Judge . On October 27, 2017, the Court dismissed Plaintiff Mark Warren's first amended complaint ("FAC"). The procedural history of this case up to that point is set forth in the Court's dismissal order, and the Court will not repeat it here. The Court dismissed half of Warren's twenty claims with prejudice, and granted him leave to amend the other half. On November 13, 2017, Warren...
ORDER REASSIGNING CASE TO A DISTRICT JUDGE; REPORT AND RECOMMENDATION TO REMAND TO STATE COURT; ORDER GRANTING IN FORMA PAUPERIS APPLICATION Re: Dkt. Nos. 1, 2 KANDIS A. WESTMORE , Magistrate Judge . On December 13, 2017, Defendant Infinque Jamison removed this unlawful detainer action from Contra Costa County Superior Court, and applied to proceed in forma pauperis. (Not. of Removal, Dkt. No. 1; IFP Appl., Dkt. No. 2.) As removal is clearly improper, and the parties have not consented...
ORDER DISMISSING CASE WITHOUT PREJUDICE TO REFILING WITHIN THE APPLICABLE STATUTE OF LIMITATIONS CHARLES R. BREYER , District Judge . Jason Nusbaum filed this civil rights complaint in late 2016, alleging among other things an unconstitutional arrest and unlawful use of force by the Hayward Police Dept. Nusbaum's attorneys withdrew from the case on July 11, 2017. Dkt. 31. Since then, Nusbaum has been unable to find legal representation, and has had difficulty proceeding pro se, failing to...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JAN M. ADLER , Magistrate Judge . Plaintiff James M. Faber ("Plaintiff") seeks judicial review of the determination by Defendant Nancy A. Berryhill, Acting Commissioner of Social Security ("Defendant"), that he is not entitled to disability insurance benefits. The parties have filed cross-motions for summary judgment. For the reasons set forth below, the Court recommends Plaintiff's motion for summary judgment be DENIED and...
ORDER DENYING MOTION FOR STAY WILLIAM ALSUP , District Judge . INTRODUCTION In this putative class action for violation of the Telephone Consumer Protection Act, defendant moves for a stay pending its appeal of an order denying arbitration. Plaintiff opposes. For the reasons herein, the motion is DENIED . STATEMENT Plaintiff Shawn Esparza leased a cell phone from defendant SmartPay Leasing, Inc. in December 2015. To lease the phone, Esparza first had to open an account on SmartPay's...
ORDER GRANTING JOINT MOTION FURTHER EXTENDING DEFENDANT LIBERTY LIFE ASSURANCE COMPANY OF BOSTON'S TIME TO RESPOND TO COMPLAINT BY NOT MORE THAN 30 DAYS LARRY ALAN BURNS , District Judge . For good cause shown, the parties' Joint Motion further extending Defendant Liberty Life Assurance Company of Boston's time to respond to Plaintiff's Complaint is GRANTED. Liberty shall have up to and including January 18, 2018 to answer or otherwise respond to the complaint IT IS SO ORDERED.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS [ECF No. 14] CYNTHIA BASHANT , District Judge . Plaintiff Seth Siegler commenced this diversity action against Defendants Curb Call, Inc. and Stephanie Sullivan. Presently before the Court is Defendants' motion to dismiss Siegler's Complaint for failure to state a claim. (ECF No. 14.) Siegler opposes. (ECF No. 15.) The Court finds this motion suitable for determination on the papers submitted and without oral...
ORDER OF DISMISSAL [Doc. No. 25] CATHY ANN BENCIVENGO , District Judge . Having considered the parties' Joint Motion to Dismiss with Prejudice and Retain Jurisdiction to Enforce Settlement Agreement [Doc. No. 25], pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court HEREBY DISMISSES WITH PREJUDICE all complaints and claims in this action. All parties are to bear their own attorneys' fees and costs. Notwithstanding the parties' agreement to the contrary, the Court declines to...
ORDER FOLLOWING DISCOVERY CONFERENCE (RE: EDD SUBPOENA DISPUTE) WILLIAM V. GALLO , Magistrate Judge . The Court convened a telephonic discovery conference on October 10, 2017 and heard argument on a dispute over documents produced by the California Employment Development Department ("EDD") to Plaintiff. The parties then filed briefing on October 24 and 25, 2017. Having heard argument and considered the parties' written submissions, the Court rules as set forth below. This dispute centers...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT ADDITIONAL DISCOVERY [ECF No. 283] JILL L. BURKHARDT , Magistrate Judge . Before the Court is Plaintiffs' Motion for Leave to Conduct Additional Discovery. (ECF No. 283.) Plaintiffs Youngevity, et al. (Youngevity) seek leave to modify the pretrial scheduling order and conduct discovery after being granted leave to file a Fourth Amended Complaint (FAC). (ECF No. 283-1 at 3.) 1 Defendants Wakaya Perfection,...
ORDER GRANTING DEFENDANT—INTERVENOR'S MOTION TO INTERVENE Re: Dkt. No. 38 HAYWOOD S. GILLIAM, JR. District Judge . Pending before the Court is a motion to intervene filed by the Little Sisters of the Poor Jeanne Jugan Residence ("the Little Sisters"). Dkt. No. 38. In this case, the plaintiffs allege that certain federal agencies issued interim final rules ("IFRs") in violation of the Administrative Procedure Act and the United States Constitution. The IFRs, inter alia, markedly...
[PROPOSED] ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (Civil Local Rule 11-3) HAYWOOD S. GILLIAM, JR. , District Judge . Rebecca Harker Duttery, an active member in good standing of the bar of the District of Columbia, whose business address and telephone number is McDermott Will & Emery LLP, 500 N. Capitol Street, N.W., Washington D.C. 20001, (202) 756-8000, having applied in the above-entitled action for admission to practice in the Northern District of...
ORDER DENYING DEFENDANT'S MOTION FOR ORDER SHORTENING TIME TO HEAR DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT HAYWOOD S. GILLIAM, JR. , District Judge . Having considered Defendant's Motion for an Order Shortening Time to Hear Defendant's Motion for Partial Summary Judgment, the Court hereby rules that the Motion for an Order Shortening Time is DENIED. IT IS SO ORDERED.
ORDER GRANTING MOTION TO DISMISS WILLIAM H. ORRICK , District Judge . INTRODUCTION Plaintiff Mark Andrews brings several claims related to the suspension of his California driver's license and California Bureau of Automotive repair license in connection with child support proceedings in California Superior Court, County of Sonoma, against the California Department of Consumer Affairs, which includes the California Bureau of Automotive Repair ("BAR") and the California Department of Motor...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS RICHARD SEEBORG , District Judge . I. INTRODUCTION Plaintiff Navjeet Singh Banga advances a host of claims related to his attendance at, and dismissal from, John F. Kennedy University ("JFKU") Law School against defendants Chris Gus Kanios, Dean Barbieri, Eleanor Armstrong, Debra Bean, JFKU, and National University (collectively, "defendants"). Banga's claims have already been dismissed twice with leave to amend. Defendants...
STIPULATION AND ORDER TO CONTINUE THE HEARING DATE FOR CODEXIS'S OMNIBUS MOTION TO COMPEL DISCOVERY PURSUANT TO RULE 37 AND DISCOVERY ORDERS (D.N. 166) WILLIAM H. ORRICK , District Judge . Plaintiff Codexis, Inc. ("Codexis"), and Defendants EnzymeWorks, Inc. (U.S.), En-zymeWorks, Inc. (China), Junhua Tao, and Andrew Tao (collectively, "Defendants"), by and through their counsel, hereby agree and stipulate: WHEREAS, the Court ordered the parties to file omnibus motions to compel discovery...
