MOTION AND PROPOSED ORDER TO SEAL INDICTMENT SHEILA K. OBERTO, Magistrate Judge. The government moves the Court, pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure, to order and direct that the Indictment returned by the Grand Jury on December 12, 2013, charging the above defendant with a violation of 21 U.S.C. 846 and 841(a)(1) - Conspiracy to Distribute and Possess With the Intent to Distribute Methamphetamine and Marijuana and to Manufacture Marijuana and 21 U.S.C. 841(a)(1)...
NOTICE OF DISMISSAL WITHOUT PREJUDICE OF F.R.C.P 41(a) ANTHONY W. ISHII, District Judge. Plaintiff Frank Lima, through his designated counsel, hereby dismisses his claims against Defendant, RUAN TRANSPORT CORPORATION in the above-captioned action without prejudice pursuant to Federal Rule of Civil Procedure 41(a). It is So Ordered.
REQUEST TO UNSEAL CASE RECORDS AND [PROPOSED] ORDER ALLISON CLAIRE, Magistrate Judge. TO THE HONORABLE ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE: COMES NOW Philip A. Ferrari, Assistant United States Attorney for the Eastern District of California, to petition this Court and respectfully represent: 1. On August 20, 2012, the Honorable Dale A. Drozd issued an order sealing the affidavit in support of a request for a search warrant and related documents, in the above-referenced matter. 2....
ORDER REGARDING CLERK'S ISSUANCE OF WARRANT FOR ARREST OF ARTICLES IN REM CRAIG M. KELLISON, Magistrate Judge. WHEREAS, a Verified Complaint for Forfeiture In Rem has been filed on December 30, 2013, in the United States District Court for the Eastern District of California, alleging that the defendant Approximately $65,000.00 in U.S. Currency and the defendant Approximately $14,500.00 in U.S. Currency (together the "Defendant Currency") is subject to forfeiture to the United States...
STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE JOHN A. MENDEZ, District Judge. It is hereby stipulated by and between the United States of America and claimant Andre R. Logan ("claimant"), by and through their respective counsel, as follows: 1. On or about May 1, 2013, claimant Andre R. Logan filed a claim in the administrative forfeiture proceeding with the U.S. Drug Enforcement Administration with respect to the...
MOTION AND ORDER TO WITHDRAW AS ATTORNEY OF RECORD LAWRENCE J. O'NEILL, District Judge. Anthony P. Capozzi, attorney for Defendant, Gerardo Rosas Gomez, hereby moves to withdraw as attorney of record. The Defendant has requested that a Notice of Appeal be filed. The Defendant was sentenced on December 9, 2013, and the Judgment was entered on December 17, 2013. The Notice of Appeal is due on or before December 31, 2013. The Defendant is without funds to retain an attorney for the appeal of...
STIPULATION AND ORDER TO FURTHER EXTEND TIME FOR PLAINTIFFS TO RESPOND TO COUNTERCLAIM AND FOR THE PARTIES TO SERVE INITIAL DISCLOSURES KIMBERLY J. MUELLER, District Judge. Plaintiffs and Counterdefendants ST. PAUL FIRE AND MARINE INSURANCE COMPANY and ST. PAUL MERCURY INSURANCE COMPANY ("Plaintiffs") and Defendant and Counterclaimant LENNAR RENAISSANCE, INC. ("Defendant") (collectively, the "Parties"), by and through counsel and pursuant to Federal Rule of Civil Procedure 6 and Local Rule...
STIPULATION AND [PROPOSED] ORDER FOR INDEPENDENT MEDICAL EXAMINATIONS CAROLYN K. DELANEY, Magistrate Judge. Defendant United States and Plaintiffs Robyn Holloway and Sterling Holloway, by and through their respective counsel, respectfully submit this stipulation and proposed order for independent medical examinations (psychological) under Federal Rule of Civil Procedure 35. The Court previously granted the parties' stipulation and ordered an independent medical examination ("IME") of...
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DATE: JOHN A. MENDEZ, District Judge. Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on January 7, 2014. 2. By this stipulation, defendant now moves to continue the status conference until January 21, 2014, and to exclude time between...
NOTICE OF RELATED CASES [Local Rules 123(a)(4), 123(c)] MORRISON C. ENGLAND, Jr., Chief Judge. NOTICE OF RELATED CASES The United States of America, by and through Assistant United States Attorney Jason Hitt, notices the Court and the Clerk of the Court that the recently-returned Indictment in United States v. Phillips , Case No. 2:13-cr-0398 JAM, is related to the earlier Indictment in United States v. Phillips , Case No. 2:12-cr-0292 MCE. As a result, the subsequent case assigned to the...
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE MORRISON C. ENGLAND, Jr., Chief Judge. Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on December 19, 2013 at 9:00 am in Courtroom 7. 2. By this stipulation, defendant now moves to continue the status conference until March 20, 2014, at 9:00 a.m. in Courtroom 7 and to exclude time...
STIPULATION TO EXTEND DEADLINE TO HEAR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; ORDER THEREON TROY L. NUNLEY, District Judge. IT IS HEREBY STIPULATED by the parties through their counsel of record that the deadline to hear Defendants' motion for summary judgment, as set by the Court in its Status (Pretrial Scheduling) Order of 10/11/12 (Dkt #21), be extended by 30 days from February 11, 2014 to March 13, 2014. Good cause exists for this extension because the parties are currently engaged in...
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER WILLIAM B. SHUBB, District Judge. STIPULATION 1. By previous order, this matter was set for status on December 30, 2013. 2. By this stipulation, defendants now move to continue the status conference until March 3, 2014 at 9:30 a.m., and to exclude time between December 30, 2013, and March 3, 2014, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the following: a)...
STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE GARY S. AUSTIN, Magistrate Judge. IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, that Defendant shall have a first extension of time of fourteen (14) days, from December 23, 2013 to January 6, 2013, to file her response to Plaintiff's opening brief. This is Defendant's first request for an extension. Defense counsel mistakenly overlooked the fact that Plaintiff filed her brief eight days early, thereby adjusting...
STIPULATION AND ORDERAPPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT GARY S. AUSTIN, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court's approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), in the amount of THREE THOUSAND FOUR HUNDRED SEVENTY FOUR DOLLARS AND FORTY THREE CENTS ( $3474.43 ). This amount represents...
ORDER REGARDING CLERK'S ISSUANCE OF WARRANT FOR ARREST OF ARTICLES IN REM ALLISON CLAIRE, Magistrate Judge. WHEREAS, a Verified Complaint for Forfeiture In Rem has been filed on December 23, 2013, in the United States District Court for the Eastern District of California, alleging that the defendant Approximately $46,686.00 in U.S. Currency (hereafter "defendant currency") is subject to forfeiture to the United States pursuant to 21 U.S.C. 881(a)(6) for one or more violations of 21 U.S....
ORDER AND FINDINGS RE: MEDICAL ISSUES AND SURRRENDER TO THE BUREAU OF PRISONS JOHN A. MENDEZ, District Judge. This matter came before the Court on December 18, 2013, on remand from the Ninth Circuit Court of Appeals to conduct an evidentiary hearing with respect to medical issues relating to Defendant Hoda Samuel. As set forth in the Ninth Circuit's Order, these issues included Samuel's "current medical issues, her impending surgery scheduled for January 28, 2014, when appellant would be able...
ORDER TO SEAL (UNDER SEAL) CAROLYN K. DELANEY, Magistrate Judge. The Court hereby orders that the Indictment, the Petition of Assistant U.S. Attorney Kyle Reardon to Seal Indictment, and this Order, in the above-referenced case, shall be sealed until the arrest of the defendant or until further order of the Court.
EX-PARTE APPLICATION FOR ORDER TO TRAVEL; DECLARATION OF DONALD B. MARKS; [PROPOSED ORDER ATTACHED HEREWITH] JOHN A. MENDEZ, District Judge. Defendant, Martin Mijangos Rivera, through his attorney of record, Donald B. Marks of Marks & Brooklier, hereby requests that this Court grant the within request and issue an order permitting Mr. Rivera to travel to Michoacan, Mexico and return to the United States. Mr. Rivera is requesting that he be allowed to travel to Mexico on December 24, 2013 and...
STIPULATION AND PROPOSED ORDER TO MODIFY SPECIAL CONDITIONS OF PRETRIAL RELEASE (PROPOSED) ORDER TO MODIFY SPECIAL CONDITIONS OF RELEASE KENDALL J. NEWMAN, Magistrate Judge. On March 7, 2012, at the suggestion of the assigned Pre Trial Services officer, and with the agreement of defendant Kevin Webber and the government, the parties stipulated and agreed and U.S. Magistrate-Judge Edmond F. Brennan modified the "Special Conditions" of Defendant's release, to add the following conditions: "1....
