ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS ECF No. 8 JEREMY PETERSON , Magistrate Judge . On May 20, 2019, the United States filed a criminal complaint against defendant Leo Ibus Sampayan, alleging that, while visiting Yosemite National Park on April 24 of the same year, Sampayan operated a motor vehicle without due care in violation of 36 C.F.R. 4.22(b)(1) and possessed cocaine in violation of 36 C.F.R. 2.35(b)(2). See ECF No. 1. According to the complaint, the incident began...
ORDER GRANTING IFP REQUEST AND DIRECTING SERVICE (ECF No. 2) KENDALL J. NEWMAN , Magistrate Judge . Plaintiff has requested leave to proceed without the prepayment of fees and costs, also referred to as in forma pauperis, pursuant to 28 U.S.C. 1915. Plaintiff submitted the required affidavit, which demonstrates that Plaintiff is unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in forma pauperis is granted. See 28 U.S.C. 1915(a). For...
ORDER RE: MOTION TO REMAND WILLIAM B. SHUBB , District Judge . Plaintiff Gary Sifuentes filed this class action against defendant Roofline, Inc. ("Roofline") in Sacramento County Superior Court alleging various violations of the California Labor Code. (Compl. (Docket No. 1-1, Ex. A).) Defendant removed the action to this court pursuant to the Class Action Fairness Act ("CAFA"), 28 U.S.C. 1332(d). (Notice of Removal (Docket No. 1).) Before the court now is plaintiff's motion to remand...
ORDER GRANTING UNOPPOSED MOTION TO ENTER CONSENT DECREE CAROLYN K. DELANEY , Magistrate Judge . Upon consideration of the United States' Unopposed Motion to Enter Consent Decree [Docket No. 14], it is hereby ORDERED as follows: The Court, finding that the proposed Consent Decree [lodged with the Court at Docket Number 2] is fair, reasonable, and consistent with the objectives of the Clean Air Act, 42 U.S.C. 7401 et. seq., and the Emergency Planning and Community Right-to-Know Act, 42...
STIPULATED PROTECTIVE ORDER KENDALL J. NEWMAN , Magistrate Judge . WHEREAS, to facilitate the production and receipt of information during discovery in the above-captioned litigation (the "Litigation"), the parties agree and stipulate, through their respective counsel, to the entry of the following Protective Order (the "Order") for the protection of Confidential and Highly Confidential Materials (as defined herein) that may be produced or otherwise disclosed during the course of this...
DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION (FIRST REQUEST) AND PROPOSED ORDER ALLISON CLAIRE , Magistrate Judge . Defendant requests an extension of thirty (30) days in which to file his Response to Plaintiff's Brief in Support of Remand, extending the current due date from March 19, 2020, to the new due date of Monday, April 20, 2020. This is Defendant's first request for an extension to file his Response to Plaintiff's Brief in Support of Remand. Counsel for Defendant conferred...
STIPULATION AND ORDER TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND TO ENTRY OF JUDGMENT DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g), sentence four. On remand, the Appeals Council will...
ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 1983, has filed a motion for discovery. ECF No. 42. It is unclear precisely what discovery plaintiff is seeking, but it appears that he may be requesting copies of documents used as exhibits during his deposition. Id. To extent plaintiff is seeking copies of the deposition exhibits, that request will be granted and defendants will be required to...
ORDER GRANTING DEFENDANTS' MOTION TO STAY PROCEEDINGS (ECF No. 18) KENDALL J. NEWMAN , Magistrate Judge . Before the Court is a Motion to Stay filed by defendants in response to plaintiff's complaint. (ECF No. 18.) Defendants seek to stay this federal proceeding and postpone the Court's exercise of jurisdiction until the pending appeal in state court concludes. Plaintiff Robin E. Jackson, pro se, and defendants' counsel, Garrett Seuell, appeared before the Court for a hearing on this...
ORDER TROY L. NUNLEY , District Judge . This matter is before the Court on Defendants Joshua Lindsay, American Business Brokers L.L.C., and American Business Brokers Utah L.L.C.'s (collectively "Defendants") Motion to Dismiss (ECF No. 4) and Motion to Strike (ECF No. 7). For the reasons set forth below, the Court GRANTS Defendants' Motion to Dismiss and DENIES Defendants' Motion to Strike as moot. I. FACTUAL AND PROCEDURAL BACKGROUND The instant Motion arises from a business dispute...
STIPULATION AND PROTECTIVE ORDER KENDALL J. NEWMAN , Magistrate Judge . Pursuant to the agreement of the parties before the Court during the informal telephonic discovery conference held on March 12, 2020, Plaintiff Michelle Tafoya and Defendant United States of America respectfully submit this stipulation and proposed protective order. Dated: March 13, 2020 McGREGOR W. SCOTT United States Attorney By: /s/ W. Dean Carter W. DEAN CARTER Assistant United States Attorney Attorneys for...
ORDER TROY L. NUNLEY , District Judge . This matter is before the Court on Proposed Defendant-Intervenor, Eagle Crest Energy Company, Inc.'s ("ECEC"), Motion to Intervene and accompanying memorandum of points and authorities and attached Proposed Answer (ECF Nos. 6, 7, 7-1). Neither Plaintiff Desert Protection Society ("Plaintiff") nor Defendants David Bernhardt, Joe Stout, the United States Bureau of Land Management, and the United States Department of the Interior (collectively "Federal...
ORDER JOHN A. MENDEZ , District Judge . The United States has declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C. 3730(b)(4)(B). Accordingly, the Court rules as follows: IT IS ORDERED that, 1. The complaint be unsealed and served upon the defendant by the relator; 2. All other contents of the Court's file in this action remain under seal and not be made public or served upon the defendant, except for this Order and The Government's Notice of Election to...
ORDER CAROLYN K. DELANEY , Magistrate Judge . Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying an application for Supplemental Security Income ("SSI") and disability insurance benefits ("DIB") under Titles II and XVI of the Social Security Act ("Act"). The parties have consented to Magistrate Judge jurisdiction to conduct all proceedings in the case, including the entry of final judgment. For the reasons discussed below,...
ORDER KENDALL J. NEWMAN , Magistrate Judge . Pending before the court is defendants' motion to modify the scheduling order. Defendants seek a thirty days extension of time to file a summary judgment motion. Good cause appearing, IT IS HEREBY ORDERED that: 1. Defendants' motion to modify the scheduling order (ECF No 63) is granted; 2. Defendants shall file their summary judgment motion on or before April 19, 2020.
ORDER EDMUND F. BRENNAN , Magistrate Judge . Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his application for a period of disability and Disability Insurance Benefits ("DIB") under Titles II of the Social Security Act. The parties have filed cross-motions for summary judgment. ECF Nos. 9 & 14. For the reasons discussed below, plaintiff's motion for summary judgment is granted, the Commissioner's motion is denied, and...
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS JOHN A. MENDEZ , District Judge . Jane Doe and Tiffany Doe (collectively "Plaintiffs") filed a complaint against El Dorado Union High School District, and individual Defendants Chas Prior, Stephen Wehr, Tony Deville, Tara Grudin, and Justin Gatling (collectively "Defendants"), alleging Defendants violated Title IX and 42 U.S.C. 1983, by failing to redress a hostile educational environment after Plaintiffs...
ORDER EDMUND F. BRENNAN , Magistrate Judge . Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. She requests that the court order the U.S. Marshal to serve subpoenas on non-parties Sally Anderson of the California Legal Information Center and the Custodian of Records for the Butte County Jail. ECF Nos. 28, 29, 30. As stated below, the request is denied. The court will not order service of a subpoena unless plaintiff shows that she has...
ORDER CAROLYN K. DELANEY , Magistrate Judge . Plaintiff has requested the appointment of counsel. District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court , 490 U.S. 296 , 298 (1989). In exceptional circumstances, the court may request an attorney to voluntarily represent such a plaintiff. See 28 U.S.C. 1915(e)(1); Terrell v. Brewer , 935 F.2d 1015 , 1017 (9th Cir. 1991); Wood v. Housewright ,...
ORDER CAROLYN K. DELANEY , Magistrate Judge . Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. 1983. The parties have consented to the jurisdiction of the undersigned magistrate judge for all purposes pursuant to 28 U.S.C. 636(c) and Local Rule 305(a). ECF Nos. 39, 60. Currently before the court is defendants' fully briefed motion for summary judgment. ECF No. 63. I. Plaintiff's Allegations This case proceeds on the second...
