ORDER GRANTING IN PART DEFENDANTS' MOTION TO COMPEL AND ORDERING FURTHER DISCLOSURES (ECF No. 48) ORDER MODIFYING SCHEDULING ORDER THIRTY (30) DAY DEADLINE ERICA P. GROSJEAN , Magistrate Judge . Debra Berry ("Plaintiff") is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. 1983 and 2000d. On January 4, 2019, Defendants filed a motion to compel, requesting sanctions and additional deposition testimony. (ECF No. 48.) The Court held a...
JUDGMENT CRAIG M. KELLISON, United States Magistrate Judge. This case came on regularly for trial on July 20, 2010, at the United States District Court in Redding, California, the Honorable Craig M. Kellison, United States Magistrate Judge, presiding; the United States appeared by and through Matthew C. Stegman, Assistant United States Attorney; Joseph Cook, Certified Law Clerk, and Robert D. Sweetin, Certified Law Clerk; and the defendants, Brian Ganoe, Donald McKay and Mac McFarlin,...
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION LAWRENCE J. O'NEILL, District Judge. By notice filed on September 27, 2010, Defendants County of Tulare ("County") and Bill Wittman ("Wittman"), individually and in his official capacity as Tulare County Sheriff, move for summary judgment or in the alternative, summary adjudication against plaintiff Michael Clark. Plaintiff filed an opposition on October 18, 2010. Defendants filed a reply brief on...
ORDER ON PETITIONER'S MOTION TO CONFIRM ARBITRATION AWARD AND ORDER ON RESPONDENT'S MOTION TO VACATE ARBITRATION AWARD (Doc. Nos. 1, 7, 30, 34) ANTHONY W. ISHII, Chief Judge. This case stems from a Licensing Agreement ("the Agreement") between Petitioner Kim-C1, LLC ("Kim") and Respondent Valent Biosciences Corp. ("Valent"). 1 In 2010, the parties attended an arbitration. Kim seeks to have the arbitration award confirmed under 9 U.S.C. 9, that is, the Federal Arbitration Act ("FAA")....
MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT WILLIAM B. SHUBB, District Judge. Plaintiff Jason Nielsen brought this action alleging that defendants Trofholz Technologies, Inc. ("TTI"), Andrew Parker, Brenna Pedone, Yvonne Glenn, and Troy Glenn discriminated against him based on gender and disability, retaliated against him, created a hostile work environment, and wrongfully terminated him. Defendants now move for summary judgment on all claims pursuant to Federal Rule of Civil...
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO DISMISS JOHN A. MENDEZ, District Judge. This matter comes before the Court on Defendants' Alpine. County, Alpine County Board of Supervisors, Alpine County Sheriff's Office, Alpine County District Attorney's Office, Sheriff John Crawford ("Crawford"), Under Sheriff Rob Levy ("Levy"), Sergeant Ron Michitarian ("Michitarian"), Officer Ed Braz ("Braz"), Officer Spencer Case ("Case"), and District Attorney Will Richmond ("...
ORDER MORRISON C. ENGLAND, JR., District Judge. Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On August 3, 2010, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and...
ORDER RE: MOTION TO DISMISS ANTHONY W. ISHII, Chief Judge. I. History 1 Plaintiff Amilcar Quinteros resides at 1405 S. Temperance Ave., Fresno, CA 93727. Plaintiff purchased that property with a $382,000 mortgage provided by New Century Mortgage Corporation on March 25, 2005. Plaintiff alleges New Century transferred, sold, or assigned the loan to Defendant Aurora Loan Services. Plaintiff fell behind on his mortgage payments in 2008. Plaintiff contacted Defendant and orally agreed to make...
ORDER GRANTING AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT GARLAND E. BURRELL, JR., District Judge. Defendants Jack Martin, Mark Hendry, Leigh McDaniels, Ben Kraemer and Vangie Porras (collectively, the "School Board Defendants") filed a motion for summary judgment on April 16, 2010, on Plaintiff's federal and state claims alleged in his second amended complaint. (Docket No. 29.) Defendant Chris Von Kleist also filed a motion for summary judgment on April 16, 2010. (Docket...
ORDER RE: RACHEL BROCKETT'S MOTION FOR SUMMARY JUDGMENT ANTHONY W. ISHII, Chief Judge. I. History Plaintiff State Farm Life Insurance Company ("State Farm") insured the life of Matthew Scott Brockett for a number of years. Rachel Botkin and Matthew Brockett married in 2002. Joshua Brockett, Danelle Brockett, Nicholas Brockett, and Kathryn Brockett (collectively the "Brockett Children") are Matthew Brockett's children by previous marriage. On August 7, 2006, the life insurance policy ("Policy"...
SUMMARY JUDGMENT DECISION (Docs. 49, 50.) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION This action arises out of plaintiff Paramount Farms, Inc.'s ("Paramount Farms'") purchase of an almond pasteurization system designed and manufactured by defendant Ventilex B.V. ("Ventilex BV"). Ventilex BV seeks summary judgment on Paramount Farms' breach of contract and warranty claims in the absence of its privity with Paramount Farms or vicarious liability. Paramount Farms seeks summary judgment...
ORDER ON DEFENDANTS' SUMMARY JUDGMENT MOTION (Doc. 15) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Plaintiff Tina Arteaga ("Ms. Arteaga") asserts claims against defendant Asset Acceptance, LLC ("Asset") pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. ("FDCPA") and the California Rosenthal Act, Cal. Civ. Code 1788 et seq., based on allegations that Asset called her "constantly and continuously" in an attempt to collect an allegedly unpaid debt, and...
ORDER ON DEFENDANT'S AND PLAINTIFF'S RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT ANTHONY W. ISHII, Chief Judge. This is a suit brought under 29 U.S.C. 621 et seq., the Age Discrimination in Employment Act ("ADEA"), by the Equal Employment Opportunity Commission ("EEOC") against Defendant Timeless Investments, Inc. ("Timeless"). The EEOC brings this suit on behalf of two charging parties, James Rex ("Rex") and Larry Carlberg ("Carlberg"), who unsuccessfully applied for employment with Timeless....
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT GARLAND E. BURRELL, JR., District Judge. Plaintiff moves for partial summary judgment against its insurer, Defendant Travelers Property Casualty Company of America ("Defendant"), on its third claim for declaratory relief. Specifically, Plaintiff seeks a declaration that Defendant has a duty to defend a cross-complaint filed against it in a pending state court action....
ORDER ON TASER INTERNATIONAL'S RULE 12(b)(6) MOTION TO DISMISS ANTHONY W. ISHII, Chief Judge. This is a civil rights lawsuit brought by Plaintiff Jesse Lucas ("Lucas") against Defendants the City of Visalia ("the City"), Visalia police officers Carmen Esparza ("Esparza") and Sean O'Rafferty ("O'Rafferty"), and Taser International, Inc. ("Taser Int."). Lucas alleges violations of 42 U.S.C. 1983 and various state laws, including products liability. The Court granted in part and denied in part...
ORDER REGARDING PLAINTIFF'S SOCIAL SECURITY COMPLAINT ORDER DIRECTING REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) ORDER DIRECTING THE CLERK TO ENTER JUDGMENT FOR PLAINTIFF ERNIE TERRAZAS AND AGAINST DEFENDANT MICHAEL J. ASTRUE JENNIFER L. THURSTON, United States Magistrate Judge. BACKGROUND Plaintiff Ernie Terrazas ("Plaintiff") seeks judicial review of an administrative decision denying his claim for and disability insurance benefits ("DIB") under Title II of the Social...
ORDER ON PLAINTIFF'S TEMPORARY RESTRAINING ORDER MOTION (Doc. 6) O'NEILL, District Judge. INTRODUCTION Plaintiff Credit Bureau Connection, Inc. ("CBC") moves for a temporary restraining order against defendants William Pardini ("Mr. Pardini"), a CBC shareholder, director, and officer, and B.T.B., Inc., d.b.a. Data Consultants ("Data Consultants"), a company wholly-owned and operated by Mr. Pardini (collectively "defendants"). CBC contends that defendants have blocked CBC from accessing its...
SUMMARY JUDGMENT DECISION (Doc. 22.) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendant Brand Energy Services, LLC ("BES") seeks summary judgment in that plaintiff Gerald Glenn Walker ("Mr. Walker") is unable to establish a prima facie case for his employment retaliation/termination claims. Mr. Walker responds that the evidence shows that he was "set up" and terminated because he complained of his supervisor's discriminatory conduct. This Court considered BES' summary judgment...
ORDER GRANTING DEFENDANTS TIMOTHY ASBURY, PHILLIP REVOLINSKY, RICHARD WARREN, HAROLD WHITE, DEE DEE NELSON AND EMMANUEL CHAVEZ'S MOTION TO DISMISS AND MOTION TO STRIKE JOHN A. MENDEZ, District Judge. This matter comes before the Court on Defendants' Timothy Asbury, Philip Revolinsky, Richard Warren, Harold White, Dee Dee Nelson and Emmanuel Chavez' ("Defendants") Motion to Dismiss and Motion to Strike (Doc. 11) portions of Plaintiffs' Estate of Jessie P. Contreras, Leonor Contreras and...
ORDER GRANTING DEFENDANTS COUNTY OF GLENN, GLENN COUNTY SHERIFF'S DEPARTMENT, AND SHERIFF LARRY JONES' MOTION TO DISMISS AND MOTION TO STRIKE JOHN A. MENDEZ, District Judge. This matter comes before the Court on Defendants' County of Glenn, Glenn County Sheriff's Department, and Sheriff Larry Jones' ("Defendants'") Motion to Dismiss, (Doc. 10) Plaintiffs' Estate of Jessie P. Contreras, Leonor Contreras and Jessie Contreras' ("Plaintiff's") First Amended Complaint ("FAC"). (Doc. 6)....
