ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) ANNA J. BROWN, District Judge. The court finds and orders an attorney fee of $8,128.50 pursuant to 42 U.S.C. 406(b). The attorney fee of 3,489.14 allowed pursuant to the Equal Access to Justice Act will be refunded to Plaintiff upon counsel's receipt of the allowed 406(b) fee.
FINDINGS & RECOMMENDATION THOMAS M. COFFIN, Magistrate Judge. Plaintiff, Catherine Linderman, brings this action asserting claims for breach of fiduciary duty, constructive fraud, and conversion, and seeks a judicial dissolution of partnership and imposition of a constructive trust. Plaintiff alleges that she and defendant Vona Huggins are general partners in Les Amies Arabians (LAA). LAA purchased two breedings per year to an Arabian Stallion named Eternity in the Fall of 2000. LAA acquired...
FINDINGS AND RECOMMENDATION JOHN JELDERKS, Magistrate Judge. Petitioner brings this habeas corpus case pursuant to 28 U.S.C. 2241 challenging the Bureau of Prisons' ("BOP's") decision not to release him to a Residential Reentry Center ("RRC") until December 4, 2014. For the reasons that follow, the Petition for Writ of Habeas Corpus (#1) should be dismissed. BACKGROUND Petitioner is a federal inmate serving a 30-month sentence for conspiracy to commit mail fraud and making false...
FINDINGS AND RECOMMENDATION JOHN V. ACOSTA, Magistrate Judge. Introduction Claimant Franklin Lee ("Claimant") seeks judicial review of the final decision by the Commissioner of Social Security ("Commissioner") denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. See 42 U.S.C. 1381-83(f). This court has jurisdiction to review the Commissioner's decision pursuant to 42 U.S.C. 405(g). Following a careful review of the record, the...
OPINION AND ORDER PAUL PAPAK, Magistrate Judge. Plaintiff Bill D. Carr seeks attorney fees and costs pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. Carr's request (#29) includes fees related to his appeal to this Court conducted in various stages from March 30, 2013, to July 7, 2014. The Commissioner of Social Security ("Commissioner") does not contest that Carr is entitled to EAJA fees. Instead, the Commissioner maintains that the amount Carr requests should be...
OPINION AND ORDER DENNIS J. HUBEL, Magistrate Judge. On September 26, 2014, the Court remanded this case to the Commissioner of the Social Security Administration ("Commissioner" or "SSA") for further administrative proceedings. (Dkt. 22.) Now before the Court is Plaintiff John Willis' ("Plaintiff") stipulated application for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Dkt. 23.) The EAJA requires an award of attorney's fees to the prevailing...
ORDER ANNA J. BROWN, District Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#18) on October 8, 2014, in which she recommends the Court reverse the decision of the Administrative Law Judge (ALJ) and remand to the Commissioner of Social Security for an immediate award of benefits. Defendant filed timely Objections (#20) to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(...
OPINION AND ORDER MICHAEL J. McSHANE, District Judge. Plaintiff American Hallmark Insurance Company of Texas ("American Hallmark") moves for summary judgment, arguing it has no duty to indemnify its insured, Journey Built Homes, LLC. ("Journey Built"). Because the policy exclusions at issue do not entirely preclude coverage, American Hallmark's motion for summary judgment, ECF No. 47, is GRANTED in part. BACKGROUND 1 Defendant Jennifer Werner hired Journey Built as a general contractor to...
MARCO A. HERN NDEZ, District Judge. Magistrate Judge Stewart issued a Findings and Recommendation [40] on November 14, 2014, in which she recommends that this Court deny Defendants' Motion to Dismiss [28]. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate...
ORDER MARCO A. HERN NDEZ, District Judge. Magistrate Judge Acosta issued a Findings and Recommendation [58] on November 11, 2014, in which he recommends that the Court grant Defendants' motions to dismiss [27, 31, 35, 36, and 44] and dismiss Plaintiff Webster Technologies, Inc. as a plaintiff. Plaintiff Webster timely filed objections to the Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party...
ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Papak issued a Findings and Recommendation (#22) on November 20, 2014, in which he recommends that this Court grant in part and deny in part Defendants' motion to dismiss. The matter is now before me pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo....
ORDER MARCO A. HERN NDEZ, District Judge. Plaintiff Dawn Espenas brings this action for judicial review of the Commissioner's final decision denying her application for Supplemental Security Income (SSI) under Title XVI of the Social Security Act and Disability Insurance Benefits (DIB) under Title II of the Social Security Act. This Court has jurisdiction under 42 U.S.C. 405(g) (incorporated by 42 U.S.C. 1382(c) (3)). Because the Commissioner's decision is supported by substantial...
OPINION & ORDER MARCO A. HERN NDEZ, District Judge. On October 27, 2014, a jury found Defendant guilty of two crimes: (1) assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. 113(a)(3) and 7(3), and (2) possession of contraband in prison in violation of 18 U.S.C. 1791(a)(2), (b)(3), (d)(1)(B), and 7(3). Defendant moves for a new trial. For the reasons that follow, the Court denies the motion. STANDARDS Upon motion by a defendant, "the court may...
OPINION AND ORDER MICHAEL J. McSHANE, District Judge. Plaintiff Alan Hayes brings this action for judicial review of a final decision of the Commissioner of Social Security denying his application for supplemental security income payments (SSI) under Title XVI of the Social Security Act. This Court has jurisdiction under 42 U.S.C. 405(g) and 1383(c)(3). The issues before this Court are: (1) whether the Administrative Law Judge (ALJ) erred in evaluating the evidence submitted by examining...
ORDER ANNA J. BROWN, District Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#60) on November 10, 2014, in which she recommends this Court deny Defendants' Motion (#24) for Summary Judgment. The matter is now before this Court pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record...
AMENDED OPINION & ORDER MARCO A. HERN NDEZ, District Judge. Before the court are two motions—Plaintiff Golden Temple of Oregon's 1 motion to confirm an arbitration award [114] and Defendant Bibiji Inderjit Kaur Puri's motion to vacate the arbitration award, or in the alternative, to stay proceedings [118]. The underlying arbitration involved a trademark dispute between over the use of "Yogi" and "Yogi Tea" ("Yogi Marks"). The court finds that the panel did not exceed its powers. But due to...
OPINION & ORDER MARCO A. HERN NDEZ, District Judge. Before the court are two motions—Plaintiff Golden Temple of Oregon's 1 motion to confirm an arbitration award [114] and Defendant Bibiji Inderjit Kaur Puri's motion to vacate the arbitration award, or in the alternative, to stay proceedings [118]. The underlying arbitration involved a trademark dispute between over the use of "Yogi" and "Yogi Tea" ("Yogi Marks"). The court finds that the panel did not exceed its powers. But due to the panel'...
ORDER OWEN M. PANNER, District Judge. Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (#35), and the matter is now before this court. See 28 U.S.C. 636(b) (1) (B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews the legal principles de novo. See Lorin Corp. v. Goto & Co., Ltd. , 700 F.2d 1202 , 1206 (9th Cir. 1983). Although Plaintiffs have not filed either a response to Defendant's Motion for Summary Judgment (#27) or objections to...
ORDER MICHAEL H. SIMON, District Judge. On December 2, 2014, pursuant to the stipulation of the parties, the Court reversed the Commissioner's determination that Plaintiff was not disabled and remanded the matter back to the agency for further proceedings. Dkt. 28. Before the Court is Plaintiff's application for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. Dkt. 30. The EAJA authorizes the payment of attorney's fees to a prevailing party in an action...
ORDER ON PRETRIAL MOTIONS AND OTHER MATTERS MICHAEL H. SIMON, District Judge. I. Plaintiff's Motion for Sanctions (Dkt. 233) Defendant's response shall be filed not later than 12 noon on Friday, January 2, 2015. Plaintiff's reply, if any, shall be filed not later than 5:00 p.m. on Friday, January 2, 2015. II. Second Pretrial Conference The Court will hold a second pretrial conference on Monday, January 5, 2015, at 9:30 a.m. III. Time Limits on Witness Testimony at Trial During the...
