ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED OR TRANSFERRED JOSEPH C. SPERO , Chief Magistrate Judge . Petitioner Ryan Judson Moore seeks federal habeas relief under 28 U.S.C. 2254 from his state convictions. See Pet. (dkt. 1). The petition for such relief is subject to review under 28 U.S.C. 2243 and Rule 4 of the Rules Governing Section 2254 Cases. Moore is in custody at the Pleasant Valley State Prison in Coalinga, California after being convicted in Solano County of...
ORDER STIPULATION OF DISMISSAL WITH PREJUDICE RICHARD SEEBORG , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii), that the above-entitled action has been settled and the parties hereby stipulate to its dismissal with prejudice with each party to pay her or its own attorneys' fees and costs, and request that a order of dismissal with prejudice be entered in the above entitled action pursuant hereto. IT IS SO...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT RICHARD SEEBORG , United States District Judge . I. INTRODUCTION U.S. Patent No. 9,386,356 describes, among other things, a system for determining what a person is watching on television and, based on that information, delivering other content—such as an advertisement—to a mobile device also being used by that person. Plaintiff Free Stream Media Corp., which does business as "Samba" (hereafter "Samba"), owns the '356 patent and apparently...
ORDER GRANTING MOTION TO DISMISS AND JUDGMENT OF DISMISSAL ROGER T. BENITEZ , District Judge . The Court hereby grants the motion of the United States to dismiss the charges in the Indictment and Superseding Indictment against Defendant (1) Worldwide Connect LLC only without prejudice.
STIPULATION AND [PROPOSED] ORDER STAYING ACTION RICHARD SEEBORG , District Judge . WHEREAS, on November 21, 2018, Plaintiff Ron Williams ("Plaintiff") filed a shareholder derivative complaint (the "Williams Complaint") against individual defendants Anthony F. Earley, Jr., Jason P. Wells, Geisha J. Williams, Patrick M. Hogan, Julie M. Kane, Dinyar B. Mistry, David S. Thomason, Lewis Chew, Fred J. Fowler, Maryellen C. Herringer, Jeh C. Johnson, Richard C. Kelly, Roger H. Kimmel,...
STIPULATION OF SETTLEMENT AND DISMISSAL WITH PREJUDICE JOSEPH C. SPERO , District Judge . Plaintiffs, The Center for Investigative Reporting ("CIR") and Will Evans, and Defendant, United States Department of Labor ("DOL"), hereby enter into this Stipulation of Settlement and Dismissal With Prejudice ("Stipulation"), and agree to settle and compromise the above-captioned matter under the following terms and conditions: 1. Defendant shall pay $6,500.00 (six thousand five hundred dollars and...
STIPULATION AND (PROPOSED) SCHEDULING ORDER RICHARD SEEBORG , District Judge . The parties, by and through their respective counsel of record, hereby submit this Stipulation and (Proposed) Scheduling Order: On December 14, 2018, the parties placed a settlement agreement on the record with United States Magistrate Judge Laurel Beeler. The settlement includes a non-monetary component, and Judge Beeler has scheduled a settlement conference for January 25, 2019, concerning the non-...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [DOC. NO. 14] AND GRANTING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT [DOC. NO. 15] INTRODUCTION JOHN A. HOUSTON , District Judge . Claudia Veronica Gutierrez ("Plaintiff") filed this action seeking judicial review of a final decision made by the Commissioner of the Social Security Administration ("Defendant") denying Plaintiff's claim for supplemental security income disability benefits pursuant to 42 U.S.C. 405(g). After a review...
REPORT AND RECOMMENDATION TO GRANT PLAINTIFFS' MOTION FOR ENTRY OF DEFAULT JUDGMENT Re: Dkt. No. 27 ELIZABETH D. LAPORTE , Magistrate Judge . Plaintiffs in this Employee Retirement Income Security Act ("ERISA") case move for entry of default judgment against Defendant Westech Roofing. The Court recommends GRANTING Plaintiffs' motion. I. BACKGROUND Plaintiffs are the Board of Trustees for the National Roofing Industry Pension Plan and the Roofers & Waterproofers Research & Education...
ORDER GRANTING IN PART AND DENYING IN PART JOINT MOTION TO FILE SEALED DOCUMENTS AND FOR IN CAMERA REVIEW [ECF No. 37] MICHAEL S. BERG , Magistrate Judge . On December 21, 2018, the parties filed their "Joint Motion to file Sealed Documents and for In Camera Review" [ECF No. 37], pertaining to Exhibits "A" and "B" to the Declaration of Nancy J. Marr, in support of their Joint Motion for Approval of Settlement Agreement Involving Minor. Exhibits "A" and "B" are being submitted pursuant to...
ORDER GRANTING PLAINTIFFS' MOTION TO REMOVE STAY ON DISCOVERY & SETTING CASE MANAGEMENT CONFERENCE KAREN S. CRAWFORD , Magistrate Judge . Pursuant to the undersigned's Chambers Rules, the parties have filed a Joint Motion, in which plaintiffs request the Court lift the stay on discovery, which has been in place since January 2018. Defendants oppose plaintiffs' request. As set forth in plaintiffs' request, good cause exists to remove the stay on discovery. Although defendants have taken...
JUDGMENT AND ORDER OF DISMISSAL OF INFORMATION, EXONERATE BOND AND RELEASE OF PASSPORT RUTH BERMUDEZ MONTENEGRO , District Judge . Upon motion of the UNITED STATES OF AMERICA and good cause appearing, IT IS SO ORDERED that the information in the above-entitled case be dismissed with prejudice, the bond be exonerated, and passport released by Pretrial if held. IT IS SO ORDERED.
ORDER TO SHOW CAUSE RE SETTLEMENT Re: Dkt. No. 27 VIRGINIA K. DEMARCHI , Magistrate Judge . The Court having been informed that the parties have settled this matter, all previously scheduled deadlines and appearances are vacated. Additionally, the Court orders as follows: On or before January 31, 2019, the parties shall file a stipulated dismissal pursuant to Fed. R. Civ. P. 41(a)(1). Rule 41(a)(1) permits a plaintiff to voluntarily dismiss a case without a court order (i) by notice if...
ORDER GRANTING MOTION TO DISMISS Re: ECF No. 51 JON S. TIGAR , District Judge . Before the Court is Defendants City and County of San Francisco, San Francisco Public Utilities Commission, San Francisco Municipal Transportation Agency, San Francisco Department of Public Works, London Breed, and Mohammed Nuru's (collectively, "the City") motion to dismiss portions of Plaintiff Synergy Project Management, Inc. ("Synergy")'s second amended complaint ("SAC"). ECF No. 51. The Court will grant...
ORDER GRANTING MOTION TO DISMISS Re: ECF No. 50 ORDER GRANTING MOTION TO DISMISS Re: ECF No. 1 LAUREL BEELER , Magistrate Judge . INTRODUCTION On December 2, 2015, Syed Farook and Tashfeen Malik killed 14 people and injured 22 others in San Bernardino, California. The Megalla plaintiffs were injured in the attack, and the Clayborn plaintiffs are the surviving family members of those who died in the attack. 1 The parties stipulated to the consolidation of the cases on December 6, 2018....
REPORT AND RECOMMENDATION FOR ORDER GRANTING RESPONDENT'S MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS [ECF No. 19] JILL L. BURKHARDT , Magistrate Judge . This Report and Recommendation is submitted to United States District Judge Gonzalo P. Curiel pursuant to 28 U.S.C. 636(b)(1) and Local Civil Rule HC.2 of the United States District Court for the Southern District of California. I. INTRODUCTION Petitioner Mario A. Willis ("Petitioner"), a state prisoner proceeding pro se,...
ORDER GRANTING PLAINTIFF'S MOTIONS TO APPOINT COUNSEL [Doc. Nos. 18 & 23.] WILLIAM V. GALLO , Magistrate Judge . Before the Court are Plaintiff Ruben Gomez's motions for appointment of counsel. (Doc. Nos. 18 & 23.) For the reasons set forth below, Plaintiff's motion is GRANTED. Although "[t]here is no constitutional right to appointed counsel in a 1983 action," Rand v. Rowland, 113 F.3d 1520 , 1525 (9th Cir. 1997) (partially overruled en banc on other grounds), districts courts do...
ORDER OF CONDITIONAL DISMISSAL Re: Dkt. 25 NATHANAEL M. COUSINS , Magistrate Judge . The Court having been notified of the settlement of this action, and it appearing that no issue remains for the Court's determination, IT IS HEREBY ORDERED THAT this action and all claims asserted herein are DISMISSED with prejudice. In the event that the settlement is not reached, any party may move to reopen the case, provided that such motion is filed within sixty days. All pending deadlines and...
ORDER GRANTING IN PART AND DENYING IN PART JOINT ADMINISTRATIVE MOTION TO FILE UNDER SEAL Re: Dkt. No. 1023 LUCY H. KOH , District Judge . Before the Court is the parties' joint administrative motion to file under seal exhibits filed in connection with the parties' briefing on Defendant Qualcomm Incorporated's ("Qualcomm's") motion to strike portions of the rebuttal expert report of Dr. Robert Akl, who will testify on behalf of Plaintiff Federal Trade Commission ("FTC"). On December 11,...
STIPULATION AND [PROPOSED] ORDER SETTING STATUS HEARING DATE AND EXCLUDING TIME JON S. TIGAR , District Judge . The original Indictment in this case charged one defendant in two counts. The Superseding Indictment, filed November 29, 2018, charged three additional defendants and added four counts. All defendants have been arraigned, but so far, only defendant Smith has appeared before the District Court. In order to facilitate the management of the case, the parties agree that all...
