ORDER (Pl.'s Motion for Summary Judgment — ECF No. 20) MIRANDA M. DU , UNITED STATES DISTRICT JUDGE . I. SUMMARY Before the Court is Plaintiff The Burlington Insurance Company's ("Burlington") Motion for Summary Judgment ("Motion"). (ECF No. 20.) Burlington seeks a declaratory judgment holding that its policy's liability limit in an underlying state court action is $25,000. Defendants Cesar Salmoran ("Salmoran") and Rosa De La Puente, Monica Varela, and Neiry Mora ("the De La Puente...
ORDER DISSOLVING ORDERS CHARGING NELLO GONFIANTINI, III'S INTEREST IN CERTAIN ENTITIES ROBERT C. JONES , District Judge . Plaintiff, VFS Financing, Inc. ("VFS"), filed an Unopposed Motion to Dissolve Orders Charging Nello Gonfiantini, III's Interest in Certain Entities (the "Motion"). Defendants Nello Gonfiantini and Specialty Financial Corp. (collectively, "Defendants") do not oppose the Motion. After careful consideration of the Motion, and good cause appearing, the Court finds that the...
ORDER AWARDING FEES AND COSTS INCURRED IN CONNECTION WITH DEFAULT ANDREW P. GORDON , District Judge . On September 14, 2015, I set aside the default that had been entered against the defendant. (Dkt. #18.) I conditioned the set aside upon the defendant's payment of the plaintiffs' reasonable attorney's fees and costs incurred in obtaining the default and opposing the motion to set aside. ( Id. ) I denied the plaintiffs' request for their full fees and costs because they would have incurred...
PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MOTION TO DISMISS (FIRST REQUEST) ANDREW P. GORDON , District Judge . Pursuant to Federal Rule of Civil Procedure ("FRCP") 6(b)(1)(B), Plaintiff respectfully requests that the Court extend by 23-days, or until December 7, 2015, the time within which Plaintiff must respond to the motion to dismiss filed by Defendant (Pacer #11). Plaintiff's response was due on November 14, 2015. This is Plaintiff's first request for...
ORDER (Dkt. ##25, 28, 33) ANDREW P. GORDON , District Judge . Plaintiff Harvey Shapiro filed an application for disability insurance on July 3, 2010 alleging he is mentally disabled. The Social Security Administration denied Shapiro's application both when he initially filed it and on reconsideration. Administrative Law Judge Barry Jenkins held a hearing in December 2011 and eventually decided that Shapiro was not disabled. Shapiro's request to have the ALJ's decision reviewed was denied...
ORDER GEORGE FOLEY, Jr. , Magistrate Judge . This matter is before the Court on Plaintiff's failure to file a Certificate as to Interested Parties as required by LR 7.1-1. The Complaint (#1) in this matter was filed November 9, 2015. LR 7.1-1 requires that counsel for private parties shall, upon entering a case, file a certificate as to interested parties, listing all persons, firms, partnerships or corporations, known to have an interest in the outcome of the case, including the names of...
Order JENNIFER A. DORSEY , District Judge . This case was scheduled for a November 16, 2015, trial before the Hon. Lloyd D. George, but the trial was vacated — and the case was stayed — due to a pending Ninth Circuit appeal. 1 That appeal was dismissed on November 17, 2015, and Judge George lifted the stay before this case was transferred to me on December 1, 2015. 2 There are 24 motions pending in this case: • 10 motions in limine 3 ; • 7 motions to file replies in support of motions...
PRELIMINARY ORDER OF FORFEITURE ROBERT C. JONES , District Judge . This Court finds that defendant ROBERT KIMMELL was found guilty on Counts One through Three and Five through Eight of an Eight-Count Superseding Indictment charging him in Count Five with Felon in Possession of a Firearm in violation of Title 18, United States Code, Section 922(g)(1) and in Count Eight with Possession of a Firearm in Furtherance of a Drug Trafficking Crime in violation of Title 18, United States Code,...
STIPULATION AND PROPOSED ORDER FURTHER STAYING ACTION PENDING POTENTIAL SETTLEMENT ROBERT C. JONES , District Judge . WHEREAS, Plaintiff Securities and Exchange Commission (the "SEC") and Defendants Banc de Binary Ltd, Oren Shabat Laurent, ET Binary Options Ltd., BO Systems Ltd. Seychelles, and BDB Services Ltd. Seychelles, have reported to the Court that they reached a potential settlement in principle that would resolve this action and the action CFTC v. Banc de Binary Ltd et al.,...
ORDER In Camera Review of Attorney-Client Communications GEORGE FOLEY, Jr. , Magistrate Judge . This matter is before the Court on Plaintiff's Motion Requesting an In Camera Review of Select Items From Defendant's Privilege Log (#41). Pursuant to Order (#57), the Defendant submitted attorney-client communications for in camera review. The Court has reviewed those documents and finds that they do not support a finding that the crime-fraud exception to the attorney-client privilege...
STIPULATION AND ORDER TO EXTEND TIME TO FILE PLAINTIFF'S OPPOSITION TO DEFENDANT'S COUNTERMOTION FOR SUMMARY JUDGMENT (Dkt. #89) (First Request) JENNIFER A. DORSEY , District Judge . Plaintiff Bradley Roberts and Defendant Clark County School District, hereby agree and stipulate to extend the time for Plaintiff Roberts to respond to Defendant CCSD's Countermotion for Summary Judgment (Dkt. #89) which was filed on December 16, 2015. Under FRCP and local rules, Plaintiff's response is due...
STIPULATION AND ORDER TO EXTEND DATE FOR FILING STATUS REPORT ANDREW P. GORDON , District Judge . The parties stipulate to extend the deadline to file the joint status report ordered in the Court's December 21, 2015, Order (#138) 14 days from January 12, 2016, to January 26, 2016. This stipulation is made to accommodate Defendants' and their counsel's limited availability over the next several weeks, and to ensure the parties have sufficient time to jointly prepare and submit the status...
[PROPOSED] ORDER RE: STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT NANCY J. KOPPE , Magistrate Judge . Having considered the Parties' Stipulation to Extend Time to respond to Plaintiff's complaint, and cause having been shown, the Court orders as follows: The Stipulation is granted, and Defendant FIRST NATIONAL COLLECTION BUREAU, INC. shall file its responsive pleading on or before January 8, 2016. IT IS SO ORDERED.
STIPULATION AND ORDER TO EXTEND THE DEADLINE FOR PLAINTIFF TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (FIRST REQUEST) GLORIA M. NAVARRO , District Judge . Pursuant to LR 6-1, 6-2, and 7-1, Plaintiff Melvin Turpin ("Plaintiff") and Defendant Tropicana Las Vegas, Inc. ("Tropicana" or "Defendant") 1 by and through their respective undersigned counsel, hereby stipulate to extend the time for Plaintiff to respond to Defendant's Motion for Summary Judgment. (Doc. #23.) This is the...
ORDER (Docket No. 19) NANCY J. KOPPE , Magistrate Judge . Pending before the Court is Plaintiff's attorneys' request for fees pursuant to 42 U.S.C. 406(b). Docket No. 19. Defendant filed a non-opposition. Docket No. 20. Plaintiff did not respond to the motion. The Court finds this matter properly resolved without oral argument. See Local Rule 78-2. For the reasons discussed below, the motion for attorneys' fees is hereby DENIED without prejudice. Any renewed motion shall be filed in...
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE GLORIA M. NAVARRO , District Judge . Plaintiff PAUL M. GONZALES and Defendants BANK OF AMERICA, N.A., and GREEN TREE SERVICING, LLC (now known as Ditech Financial LLC), by and through their undersigned attorneys, hereby stipulate and agree that this action is hereby dismissed in its entirety with prejudice, each party to bear its own attorneys' fees and expenses. DATED this 9 th day of December 2015. /s/ Lucius Wallace CRAIG B....
STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE GLORIA M. NAVARRO , District Judge . IT IS HEREBY STIPULATED by and between the Plaintiff Rebecca Anguiano, by and through her counsel of record, Lawrence M. Ruiz, Esq. of the law firm of Ruiz Law Firm, and Defendant Bristol West Insurance Services of California Inc., by and through its counsel of record, David J. Feldman, Esq. of the law firm of Feldman Graf, P.C., that Case No. 2:15-cv-2372-GMN-GWF entitled Rebecca Anguiano v. Bristol...
[PROPOSED] STIPULATION AND ORDER TO EXTEND TIME FOR THE PARTIES TO FILE A JOINT PRETRIAL ORDER [FIRST REQUEST] PEGGY A. LEEN , District Judge . Plaintiff, ELENA RODRIGUEZ-MALFAVON and Defendant, CLARK COUNTY SCHOOL DISTRICT 1 , by and through their respective counsel of record, do hereby stipulate and agree to extend the current deadline to file a Joint Pretrial Order of January 6, 2016, by an additional 30 days, up to and including February 5, 2016. The parties agree that the instant...
REPORT & RECOMMENDATION OF U.S. MAGISTRATE JUDGE. WILLIAM G. COBB , Magistrate Judge . This Report and Recommendation is made to the Honorable Miranda M. Du, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4. Before the court is Defendants' Motion for Summary Judgment. (ECF No. 36.) 1 Plaintiff filed a response (ECF Nos. 40, 42) 2 and Defendants filed a reply (ECF No....
AMENDED REPORT AND RECOMMENDATION GEORGE FOLEY, Jr. , Magistrate Judge . This matter is before the Court with respect to the continued prosecution of the above entitled action. Following the withdrawal of Plaintiff's counsel in 2014, the Court was advised by Plaintiff's daughter, Virginia Guthrie, that due to age and ill health, Plaintiff Julio Antelo was unable to prosecute the case on his own behalf and needed the assistance of his daughter in efforts to retain new counsel and secure...
