ORDER ON DEFENDANTS' SUMMARY JUDGMENT MOTION (Doc. 138) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION To implement provisions of California Assembly Bill 32 ("AB 32"), California's Global Warming Solutions Act of 2006, Cal. Health & Saf.Code, 38500 et seq., defendant California Air Resource Board ("CARB") promulgated its Low Carbon Fuel Standard, Cal.Code Regs. tit. 17, 95480-95490 ("LCFS"). Plaintiffs 1 initiated separate actions to challenge California's LCFS. Plaintiffs...
ORDER GRANTING THE DISTRICT ATTORNEY DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT JOHN A. MENDEZ, District Judge. This matter comes before the court on Defendants Michael Ramsey in his official capacity, Harold Thomas in his individual capacity, and George Barber in his individual capacity's (collectively "Defendants") Motion to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) (Doc. # 31). 1 Plaintiffs Chico Scrap Metal, Inc., and...
ORDER ON MOTION TO DISMISS OR IN THE ALTERNATIVE MOTION TO STRIKE THIRD PARTY PLAINTIFF COMPLAINT (DOCS 38, 40) LAWRENCE J. O'NEILL, District Judge. I. INTRODUCTION. Counter-Claimant and Third-Party Plaintiff, Modesto Irrigation District ("MID") filed its Third-Party Complaint in Interpleader ("Interpleader Complaint"), naming as Defendants, Western Summit Constructors, Inc. ("Western"), Big B Construction, Inc. ("BBC") and three surety companies. Western and BBC bring this motion to...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS LAWRENCE J. O'NEILL, District Judge. Pending before the Court are Defendants' motions to dismiss. Defendants Tehachapi Unified School District ("School District"), Superintendent Richard Swanson ("Swanson"), Principal Susan Ortega ("Ortega"), and Vice Principal Paul Kaminski ("Kaminski") filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Similarly, Defendants Shari Kabonic ("Kabonic"), Laura Haight ("Haight"), Annette Kirby (...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ANTHONY W. ISHII, Chief Judge. INTRODUCTION Plaintiffs Lisa Coble ("Coble") and Randell Parker ("Parker") filed a First Amended Complaint ("FAC") against Defendants Mark DeRosia and the City of Delano on February 14, 2011. Defendants move to dismiss the FAC pursuant to Rule 12(b)(1) and Rule 12(h)(3) of the Federal Rules of Civil Procedure. In their motion, Defendants argue, inter alia, that Coble lacks standing to...
MEMORANDUM DECISION RE CROSS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 58, 73, 77, 80) OLIVER W. WANGER, District Judge. I. INTRODUCTION/BACKGROUND This suit arises from the United States Pacific Fisheries Management Council's ("PFMC" or the "Council") April 13, 2011 adoption of commercial troll and recreational fishing management measures for the waters south of Cape Falcon, Oregon, permitting commercial and recreational fishing for Sacramento River fall-run Chinook Salmon ("SRFC") for the 2011...
MEMORANDUM DECISION RE DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR NEW TRIAL AND REMITTITUR OLIVER W. WANGER, District Judge. I. INTRODUCTION Before the court are Defendants City of Sonora, Chief Mace McIntosh and Officer Hal Prock's (collectively, "Defendants"), (1) Motion for Judgment as a Matter of Law (Defs. Mot. JMOL, ECF No. 177) and (2) Motion for New Trial and Remittitur (Defs. Mot. NT, ECF No. 178). Plaintiff C.B., a minor, ("Plaintiff") opposes both motions....
ORDER RE: MOTION TO DISMISS ANTHONY W. ISHII, Chief Judge. I. History 1 Plaintiff Zane Hardin ("Plaintiff") has been an employee of Defendant Wal-Mart ("Defendant") for several years. Plaintiff alleges he has been mistreated in a variety of ways by Defendant's supervisors including Defendant Gregory Cox ("Cox"). The consequences of these actions also affect Plaintiffs wife, Plaintiff Ruth Hardin. Plaintiff originally filed this case in state court on March 20, 2008; at that time, Cox and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PLAINTIFFS' REQUEST FOR INJUNCTIVE RELIEF AGAINST IMPLEMENTATION OF RPA COMPONENT 3 (Action 4) (Doc. 900) OLIVER W. WANGER, District Judge. I. INTRODUCTION Plaintiffs State Water Contractors ("SWC"), Metropolitan Water District of Southern California ("MWD" or "Metropolitan"), Kern County Water Agency ("KCWA") and Coalition for a Sustainable Delta ("Coalition"), San Luis & Delta Mendota Water Authority (the "Authority") and Westlands Water...
ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (Doc. 142, 143, 144) LAWRENCE J. O'NEILL, District Judge. Three motions for summary judgment, or in the alternative, partial summary judgment against Plaintiffs Pacific Marine Center and Sona Vartanian pursuant to Rule 56 are pending before this Court: (1) Motion by Defendant George Imirian, (2) Motion by Defendants Scott Silva, Tom Wilson, Dan Ayala, Dan Horsford, Kevin Buchanan, Gideon Coyle, and Chris Wagner, and (3) Motion by Defendant...
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS CHARLES R. BREYER, District Judge. Petitioner Richard Lee Means seeks a writ of habeas corpus based on various grounds, including his trial counsel's repeated and inexplicable failure to object to highly incriminating hearsay testimony that the trial court had previously ruled was inadmissible. The state court's determination that such conduct was not ineffective assistance of counsel is contrary to, or an unreasonable application of, the...
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ANTHONY W. ISHII, Chief Judge. This civil rights lawsuit arises from a fatal shooting involving members of the City of Porterville Police Department and decedent Eusebio Prieto ("Prieto"). Natalie Prieto and minors J.P., R.B, and S.B., who are all relatives of Prieto, filed suit in this Court against the City of Porterville ("the City"), Sergeant John Hall ("Hall"), Sergeant Jeff Dowling ("Dowling"), Sergeant Larry Rodriguez, and Chief Chuck...
ORDER GRANTING PLAINTIFFS' MOTION TO REMAND MICHAEL J. SENG, United States Magistrate Judge. I. INTRODUCTION On March 10, 2011, Plaintiff initiated this wage and hour action as a Class Action in Fresno County Superior Court, Case Number 11 CECG00784. Plaintiff, and others similarly situated (collectively "Plaintiffs"), alleged six causes of action, including violations of the California Labor Code, for: failure to fully compensate Plaintiffs for all hours worked and for overtime; failure...
ORDER ON REQUEST FOR RECONSIDERATION (Doc. 31) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendant Foster Poultry Farms ("Foster Farms") moves for reconsideration of the July 1, 2011 Order Granting Plaintiffs' Motion to Remand, issued by United States Magistrate Judge Michael J. Seng ("magistrate judge"). Foster Farms argues that the Magistrate Judge erred as a matter of law to conclude that this Court lacks subject matter jurisdiction over this action. Specifically, Foster Farms...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION (Doc. 125, 133, 134) LAWRENCE J. O'NEILL, District Judge. Three motions for summary judgment, or in the alternative, summary adjudication pursuant to Rule 56 are pending before this Court: (1) Defendants Linda Barlow's and Gerald Houston's motion against plaintiffs Mark Stamas and Judy Castles, (2) Defendant County of Madera's and the Board of Supervisors' motion against plaintiffs Mark Stamas and Judy Castles,...
ORDER REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION GARY S. AUSTIN, United States Magistrate Judge. INTRODUCTION Defendant Certainteed Corporation ("Certainteed") seeks summary judgment, or alternatively summary adjudication, on Plaintiff Eddie Holtzclaw's ("Plaintiff") claims for disability discrimination, age discrimination, failure to accommodate disability, retaliation or wrongful termination, and punitive damages. Plaintiff contends that...
ORDER LAWRENCE K. KARLTON, Senior District Judge. Plaintiff, an indigent prisoner who was initially proceeding with limited representation for the purposes of this motion, brings claims against prison medical officers and U.C. Davis Medical Center physicians contending that their treatment of his kidney disorders fell below constitutional adequacy. Plaintiff requested appointment of a medical expert, which was denied by the Magistrate Judge. The Magistrate Judge subsequently recommended that...
ORDERS ON CROSS-MOTIONS FOR SUMMARY JUDGMENT/ADJUDICATION OLIVER W. WANGER, District Judge. I. INTRODUCTION The parties' cross-motions for summary judgment are before the court. Maria Escriba ("Plaintiff") and Defendant Foster Poultry Farms ("FPF" or "Defendant") have respectively moved for partial summary judgment on Plaintiff's interference claims and Defendant's affirmative defenses. 1 Defendant FPF has moved for summary judgment on claims one through six in the first amended complaint...
ORDER OF EXPUNGEMENT AND PERMANENT INJUNCTION JOHN A. MENDEZ, District Judge. For the reasons set forth in the Order adopting the Findings and Recommendations filed by Hon. Magistrate Judge Kendall J. Newman (ECF No. 15) and granting the United States' Motion for Default Judgment (ECF No. 16), the Court hereby finds as follows: (1) The Defendants have failed to plead or otherwise defend this case. The Court deems them to have admitted the allegations in the United States' Complaint (ECF No....
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS AND ENFORCING I.R.S. SUMMONS LAWRENCE J. O'NEILL, District Judge. The United States here petitions for enforcement of an I.R.S. summons issued by investigating Revenue Officer Lisa Cumiford. The matter was placed before United States Magistrate Judge Barbara A. McAuliffe under 28 U.S.C. 636 et seq. and Local Rule 73-302. On September 27, 2011, Judge Beck issued an Order to Show Cause, ordering the respondent, Felipe Carranco,...
