ORDER RE PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [38, 39] DOLLY M. GEE, District Judge. This matter is before the Court on (1) Plaintiffs' motion for partial summary judgment as to Plaintiffs' first cause of action for gross negligence, second cause of action for breach of contract, and as to Defendants' sixth, tenth, and eleventh affirmative defenses and (2) Defendant's motion for summary judgment. The Court heard oral argument on March 19,...
ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND MARGARET M. MORROW, District Judge. On March 19, 2010, Gregory Roth filed this putative class action in Los Angeles Superior Court against Comerica Bank, Comerica Incorporated, and Comerica Management Company, Inc. 1 On May 20, 2010, defendants removed the action to federal court, invoking jurisdiction under the Class Action Fairness Act of 2005 ("CAFA"), codified at 28 U.S.C. 1332(d). 2 Plaintiff has now filed a motion to remand, 3 which...
ORDER RE: CITY'S MOTION TO DISMISS COMPLAINT AND REQUEST FOR INJUNCTIVE RELIEF AND MOTION FOR A MORE DEFINITE STATEMENT AUDREY B. COLLINS, Chief Judge. Pending before the Court is Defendant City of Los Angeles's (the "City's") Motion to Dismiss Complaint and Request for Injunctive Relief and Motion for a More Definite Statement, filed on November 11, 2010. (Docket No. 21.) Plaintiffs Wayne Charles and Fort Self Storage, Inc. ("Plaintiffs") opposed on November 15, 2010 and the City replied on...
FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER COURT TRIAL JOSEPHINE STATON TUCKER, District Judge. I. INTRODUCTION This is an action pursuant to the federal Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. In this action, plaintiff Edythe B. Robinson ("Robinson") seeks to recover benefits she contends were wrongfully denied by defendant The Hartford Life and Accident Insurance Company ("Hartford"), acting as claims administrator for defendant Things...
ORDER GRANTING IN PART AND DENYING IN PART TOYOTA'S MOTIONS TO DISMISS JAMES V. SELNA, District Judge. Table of Contents I. Factual Allegations .................................................... 1217 A. Roberts ............................................................. 1217 B. Scott ............................................................... 1218 C. Akamike ............................................................. 1218 D. Riegel Brett ......................................
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND GRANTING DEFENDANTS' SPECIAL MOTION TO STRIKE CORMAC J. CARNEY, District Judge. INTRODUCTION Plaintiffs Robert Plumleigh and Thomas R. Hazard III brought this putative class action against Defendants City of Santa Ana, Chief of Police Paul M. Walters, City Attorney Joseph W. Fletcher (collectively "the City Defendants") and Defendants Redflex Traffic Systems (California), Inc. and Redflex Traffic Systems, Inc. (collectively "the Redflex...
ORDER GRANTING IN PART AND DENYING IN PART DEFEDANTS' MOTION TO DISMISS AND MOTION TO STRIKE JAMES V. SELNA, District Judge. Table of Contents I. Factual Allegations ...................................................... 1156 II. Article III Standing ..................................................... 1160 A. A Manifested SUA Defect Is Not Necessary for Standing ................. 1161 B. Pleading a Cognizable Loss under a "Benefit of the Bargain" Theory .... 1164 C. Lead...
ORDER: (1) GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT; AND (2) GRANTING IN PART DEFENDANTS' REQUEST FOR JUDICIAL NOTICE CONSUELO B. MARSHALL, District Judge. The matters before the Court are (1) Defendants Hostess Brands, Inc.'s, Interstate Brands Corporation's, and IBC Sales Corporation's (collectively, "Defendants") "Motion to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim for Relief ("Motion to...
ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER, District Judge. Pursuant to 28 U.S.C. 636, the Court has reviewed the Third Amended Complaint, all of the records and files herein, and the Magistrate Judge's Amended Report and Recommendation. The time for filing Objections to the Amended Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and...
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE DALE S. FISCHER, District Judge. The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge ("Report"), and respondent's objections. The Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed. REPORT AND RECOMMENDATION OF MAGISTRATE...
Proceedings: IN CHAMBERS (No Proceedings Held) A. HOWARD MATZ, District Judge. This matter is before the Court on Welch's Motion for Summary Judgment on its defense of unclean hands. For the reasons explained below, the Court DENIES the Motion. 1 I. FACTS The Court recited the pertinent facts of this case and Pom's allegations in its July 9, 2010 Order denying Welch's motion for summary judgment on Pom's sole remaining claim under the Lanham Act. The Court will recite only an abbreviated...
ORDER GRANTING CURTIS HAZELL'S MOTION FOR SUMMARY JUDGMENT AS TO FIRST AND THIRD CAUSES OF ACTION [179]; DENYING COOLEY, SOWDERS, AND LIVESAY'S MOTION FOR SUMMARY JUDGMENT AS TO REMAINING CLAIMS SET FORTH IN THE THIRD AMENDED COMPLAINT [200]; GRANTING LOS ANGELES COUNTY'S MOTION FOR SUMMARY JUDGMENT AS TO REMAINING CLAIMS SET FORTH IN THE THIRD AMENDED COMPLAINT [197] OTIS D. WRIGHT, II, District Judge. I. INTRODUCTION Currently before the Court are Defendants Curtis Hazell ("Hazell"),...
ORDER RE MOTIONS FOR SUMMARY JUDGMENT JAMES V. SELNA, District Judge. Musician Don Henley ("Henley") claims that politician Charles DeVore ("DeVore") infringed the copyrighted songs "The Boys of Summer" and "All She Wants to Do Is Dance" with two political advertisements featuring the songs "The Hope of November" and "All She Wants to Do Is Tax." DeVore claims fair use. The Court also considers whether DeVore's songs falsely suggest endorsement by Henley. I. BACKGROUND Plaintiff Henley is...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS MARGARET M. MORROW, District Judge. I. BACKGROUND Rebecca Yumul filed this putative class action against defendant Smart Balance, Inc. on February 8, 2010. 1 Yumul's complaint alleges that she purchased Nucoa margarine, a product manufactured by Smart Balance, repeatedly during the class period, from January 1, 2000 until the present. 2 Yumul alleges that Nucoa contains artificial trans fat, which increases the risk...
ORDER DENYING "MOTION TO STAY [A] PENDING ARBITRATION" ANDREW J. GUILFORD, District Judge. We are often reminded that our national policy favors arbitration. See, e.g., Southland Corp. v. Keating, 465 U.S. 1 , 10, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984). The Federal Arbitration Act ("FAA") "foreclose[s] state legislative attempts to undercut the enforceability of arbitration agreements." Id. at 16, 104 S.Ct. 852. "[A]ny doubts concerning the scope of arbitrable issues should be resolved in...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART AMAZON'S MOTION TO COMPEL [DOCKET NO. 250] SUZANNE H. SEGAL, United States Magistrate Judge. On May 26, 2010, Defendant Amazon.com, Inc. ("Amazon") filed a "Motion To Compel Adequate Infringement Contentions Claims Charts From Plaintiff Big Baboon In Response to Amazon's Interrogatory No. 2" (the "Motion to Compel"). The Motion to Compel seeks an order compelling Plaintiff Big Baboon Corporation ("Big Baboon") to produce more...
JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANTS JOSEPH R. PORCHE, GARY K. JUNCKER AND DALE J. ENGELHARDT DAVID O. CARTER, District Judge. Plaintiff Securities and Exchange Commission (the "Commission") filed a Motion for Entry of Judgment by Default Against Defendants Joseph R. Porche ("Porche"), Gary K. Juncker ("Juncker"), and Dale J. Engelhardt ("Engelhardt") ("Motion for Judgment by Default"), pursuant to Rule 55 of the Federal Rules of Civil Procedure. The Court,...
ORDER JOHN R. WALTER, District Judge. Defendants EMC Mortgage Corporation ("EMC"), Mortgage Electronic Registrations Systems, Inc. ("MERS"), Bear Stearns Residential Mortgage Corporation ("Bear Stearns"), and Wells Fargo Bank, NA, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC6 ("Wells Fargo") (collectively, "Defendants") filed a Notice of Withdrawal of Removal on December 27, 2010, in which it seeks to withdraw a...
ORDER EDWARD J. GARCIA, District Judge. GOOD CAUSE APPEARING the Court orders the court reporter to prepare the transcript of the hearing held on December 17, 2010, and to provide a copy to each defendants' counsel — Krista Hart and Scott Tedmon. The Court further orders the transcript to otherwise remain sealed unless and until the Court orders it unsealed. Counsel for the defendants will make arrangements to compensate the court reporter pursuant to the Criminal Justice Act.
PROTECTIVE ORDER RE USE OF PRIVATE AND CONFIDENTIAL INFORMATION VICTOR B. KENTON, Magistrate Judge. Good cause appearing, the Court hereby approves and enters this Protective Order relating to the use of private and confidential information, stipulated, consented to and agreed by Plaintiff Holly Hanson, Plaintiff John Rennell and Defendant Morgan Stanley Smith Barney LLC (collectively "Stipulating Parties"), through their respective counsel of record. 1. That the preparation and trial of...
