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05-2046 - Johnson et al v Couturier, Jr. et al


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05-2046 - Johnson et al v Couturier, Jr. et al
November 30, 2005
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ORDER signed by Judge Ralph R. Beistline on 11/29/05 ordering that dfts time to respond to pltf's complaint is extended from 11/28/05 to 12/19/05. (Kastilahn, A)
February 22, 2006
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PROTECTIVE ORDER granting 23 Stipulation for protective order by Noll Manufacturing Company Employee Stock Ownership Plan and Trust signed by Judge Ralph R. Beistline on 2/22/2006. (Reader, L)
March 13, 2006
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STIPULATION and PROTECTIVE ORDER signed by Judge Kimberly J. Mueller on 3/10/06. (See order for further details.)(Kastilahn, A)
June 6, 2006
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ORDER signed by Judge Ralph R. Beistline on 6/5/2006 GRANTING Motion for leave to file Documents under Seal. (Reader, L) Modified on 7/6/2006 to correct name of order (Short, Jan).
July 17, 2006
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STIPULATION AND ORDER signed by Judge Ralph R. Beistline GRANTING stipulation and modifying briefing schedule; oppositions to Dfts' Motion due by 8/18/2006; reply to any opposition papers due by 9/1/2006 41. (Short, Jan) Modified on 7/24/2006 (Reader, L).
October 13, 2006
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ORDER Signed by Judge Ralph R. Beistline on 10/12/2006 GRANTING 86 Attorney Gary A. Gotto to appear Pro Hac Vice for Pltfs. (Short, Jan) Modified on 10/16/2006 (Reader, L).
October 13, 2006
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ORDER Signed by Judge Ralph R. Beistline on 10/12/2006 GRANTING 87 Attorney Ron Kilgard to appear Pro Hac Vice for Pltfs. (Short, Jan) Modified on 10/16/2006 (Reader, L).
October 13, 2006
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ORDER Signed by Judge Ralph R. Beistline on 10/13/2006 ORDERING 41 Motion for Summary Judgment and 74 Motion for Sanctions are DENIED. (Short, Jan) Modified on 10/16/2006 (Reader, L).
October 13, 2006
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ORDER Signed by Judge Ralph R. Beistline on 10/13/2006 GRANTING 26Attorney Stanley H. Shayne to appear Pro Hac Vice for Pltfs. (Short, Jan) Modified on 10/16/2006 (Reader, L).
October 30, 2006
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ORDER granting 104 Motion to Correct Erroneous Filing of unsealed Amended Complaint and granting 105 Motion to Seal Amended Complaint. The Amended Complaint at Docket 103 has been sealed with access only to users with court logins and case participants with logins. (Short, Jan)
December 1, 2006
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ORDER granting 120 Substitution of Attorney Christopher Rillo for Attorney Kallstrom. (Short, Jan)
December 19, 2006
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ORDER Judge Ralph R. Beistline signed on 12/19/2006 GRANTING 135 Stipulation for Enlargement of Time. Plaintiffs have until the close of business on January 5, 2007, to file their reply to their Motion to Amend Complaint. 114 (Short, Jan) Modified on 12/20/2006 (Reader, L).
April 20, 2007
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STIPULATION AND ORDER 152 signed by Judge Ralph R. Beistline on 4/5/07 GRANTING Defendants have until the close of business on MAY 16, 2007, to file an Answer to Plaintiffs' Amended Complaint. (Short, Jan) Modified on 4/23/2007 (Reader, L).
June 4, 2007
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ORDER denying 155 Motion to Stay signed by Judge Kimberly J. Mueller on 6/1/07. (Carlos, K)
June 18, 2007
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ORDER signed by Judge Kimberly J. Mueller on 06/14/07: Discovery is STAYED pending the resolution of the motion to dismiss brought be dft Johanson Berenson LLP or for 60 days, whichever occurs first.(Kirkpatrick, S)
October 4, 2007
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ORDER signed by Judge Kimberly J. Mueller on 10/3/2007 ORDERING the 219 motion to enforce subpoena is denied without prejudice to its renewal after service of a valid subpoena.(Matson, R) Modified on 10/5/2007 (Waggoner, D).
October 26, 2007
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ORDER signed by Judge Ralph R. Beistline on 10/25/07 DENYING 163 Motion to Dismiss, 165 Motion to Dismiss, 185 Motion to Dismiss, and 212 Motion to Dismiss. Defendants Clair R. Couturier, Jr., David R. Johanson, Robert R. Eddy, Noll Manufacturing Co., N&NW Manufacturing Holding Co., Inc., and The Employee Ownership Holding Co. must file an answer by the close of business on 11/16/07. (Anderson, J)
October 26, 2007
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ORDER signed by Judge Ralph R. Beistline on 10/25/07 DENYING 167 Motion to Dismiss, without prejudice to the extent the motion and 195 Motion to Compel as moot. GRANTING 203 Motion to Compel. The dispute between the parties set forth in the Third Claim for Relief Derivative Claim for Professional Negligence in the Amended Complaint must be submitted to arbitration in accordance with the procedures provided in the Federal Arbitration Act. Further proceedings in this Court on the claim assertedin the Third Claim for Relief are hereby STAYED pending further order of the Court. It is further order that upon the completion of the arbitration proceedings, the parties are directed to comply with the provisions of 9 U.S.C. 9-13, as applicable. (Anderson, J)
November 14, 2007
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ORDER signed by Judge Kimberly J. Mueller on 11/14/07 ORDERING that the deposition of James Roorda to PROCEED on the duly noticed date for the deposition; absent agreement by the parties, the time limit is NOT EXTENDED at this time; pltfs are GRANTED leave to file a motion to extend the time limit after completion of seven hours of deposition.(Yin, K)
December 26, 2007
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ORDER signed by Judge Ralph R. Beistline on 12/21/07 DENYING 248 Motion to Dismiss. Dft David R. Johanson must file an answer w/i 20 days. (Benson, A)
January 18, 2008
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ORDER signed by Judge Kimberly J. Mueller on 01/17/08 ORDERING that 260 Motion to Compel is GRANTED; responsive documents shall be produced w/i 15 days. With respect to request no. 5, communications after 06/08/06 may be withheld for the time being under the joint defense privilege; w/i 15 days any documents withheld on that basis shall be submitted to the Court for in camera review. The Court finds an award of expenses is not warranted. (Benson, A).
February 22, 2008
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ORDER signed by Judge Ralph R. Beistline on 02/21/08 ORDERING that the pltfs file their memorandum in opposition on or before 03/14/08 and the dfts file their reply on or before 04/07/08. (Manzer, C)
April 10, 2008
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ORDER signed by Judge Ralph R. Beistline on 4/9/2008 GRANTING 291 MOTION to SEAL Reply in Further Support of Motion to Disqualify Plaintiffs' Counsel and for a Protective Order and Notice of Filing of Sealed Documents filed by David R. Johanson. (Matson, R)
June 2, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 05/30/08 ORDERING that 293 The motion to extend the time limits for deposition of nonparty Roorda is GRANTED; plf is granted leave to conduct 3 further hours of deposition of nonparty Roorda. The 293 Motion to extend the time limits for deposition of defendant Johanson is GRANTED; plf is granted leave to conduct 10 hours of deposition of defendant Johanson. Deposition of said deponent shall take place at the Robert Matsui Federal Courthouse in Sacramento. The parties are directed to contact Matt Caspar (916-930-4187) to arrange dates forsaid deposition in accordance with the courts calendar.(Benson, A)
August 12, 2008
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ORDER Granting Motion to Dissolve Protective Order and Denying Motion to Disqualify Plaintiff's Counsel. (Short, Jan)
September 19, 2008
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ORDER to SHOW CAUSE and TEMPORARY RESTRAINING ORDER signed by Judge Ralph R. Beistline on 9/19/08 ORDERING that Show Cause Hearing SET for 9/22/2008 at 12:15 PM in Visiting Judge (TBD) before Judge Ralph R. Beistline. Personal service of a copy of this order and papers on which it is based shall be made upon dfts and the AAA on 9/19/08. Answering papers shall be served on or before 4:00pm on 9/22/08. Defendants TEOHC, N&NW and Noll are hereby enjoined from making any payments or advances to dfts Couturier, Johanson, and Eddy, or their counsel, directly or indirectly, for their fees or costs in defending this action. Dfts Johanson, Eddy, and TEOHC, the AAA, and all persons who are in active concert or participation with them are hereby enjoined from completing their formal Arbitration under Case No. 74-180-00001-08-JENF or issuing an Arbitration award. IT IS FURTHER ORDERED that the issuance of the Temporary Restraining Order is conditioned upon the payment by plts of a cash bond in the amount of $5,000 to be deposited with the Clerk of Court as security for this Order. This Temporary Order shall remain in full force and effect for 10 days following the date of issuance. On two days' notice to plaintiffs, defendants may appear and move to dissolve or modify this Order.(Duong, D) Modified on 9/19/2008 (Duong, D).
September 26, 2008
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ORDER Granting plaintiffs' 321 MOTION for a Preliminary Injunction signed by Judge Ralph R. Beistline on 9/26/08 ORDERING that Because the Plaintiffs have shown "probable success", or at the very least, "a fair chance of success," on the merits of their ERISA claims, and because the balance of hardship weighs heavily in their favor, Plaintiffs have met the required burden for issuance of a preliminary injunction. Because the arbitration clause has no preclusive effect on the claims, and because the issuance of a preliminary injunction is in accordance with federal law, the request for a preliminary injunction prohibiting TEOHC from advancing legal expenses to the individual Defendants is GRANTED. All other pending motions are DENIED as moot. (Duong, D)
October 16, 2008
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SECOND ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER signed by Judge Ralph R. Beistline on 10/16/08 ordering Defendant Clair R. Couturier Jr. his agents, servants, employees, attorneys and all persons in active concert or participation with them are enjoined to preserve the Constructive Trust assets and all profits generated there from, wherever they are now located and in whatever form they now exist. Defendant Clair R. Couturier Jr. his agents, servants, employees, attorneys, and anyone in active concert or participation with them are enjoined from transferring, secreting, assigning, pledging, mortgaging or hypothecating any interest in the Constructive Trust assets, wherever they are now located and in whatever form they now exist. It is further ordered that the issuance of the Temporary Restraining Order is conditioned upon the payment by plaintiffs of a cash bond in the amount of $5000 to be deposited with the clerk of court as security for this order. This temporary order shall remain in full force and effect for 10 days following the date of issuance. On 2 days notice to plaintiffs, defendants may appear and move to dissolve or modify this order.(Plummer, M) Modified on 10/16/2008 (Plummer, M).
October 29, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/29/08 ORDERING that Defendants' 10/27/08 MOTION TO CONTINUE the 10/30/08 hearing date or to Stay discovery 455 is DENIED. The hearing on Plaintiff's Motions is VACATED from the calendar for 10/30/08, and the Motions 326 337 are taken under submission. If hearing is later determined to be necessary upon refinement of the issues, one will be schedueled by the Court. (Mena-Sanchez, L)
December 9, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 12/08/08 SETTING forth specific rules which will apply during all future depositions in this case in response to the issues raised in 326 Motion to Sanction Defendants' Counsel for Discovery Abuses. This order does not prohibit the filing of otherwise appropriate discovery motions/protective orders arising from violations, or protential violations, of discovery law, pursuant to normal procedures. (Streeter, J)
December 18, 2008
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ORDER signed by District Judge Ralph R. Beistline on 12/17/2008 DENYING 486 Motion to Stay. (Matson, R)
January 12, 2009
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RELATED CASE ORDER signed by District Judge Ralph R. Beistline on 1/9/09 ORDERING that the action denominated Chao v.Couturier, et al., 2:08-cv- 02732-FCD-GGH, is reassigned to Judge Ralph R. Beistline and Magistrate Judge Gregory G. Hollows for all further proceedings. Any dates currently set in the eassigned case are hereby VACATED. The Clerk shall make appropriate adjustment in the assignment of the above-reference case to compensate for this reassignment. (Mena-Sanchez, L)
January 22, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 01/22/09 ORDERING that documents shall be produced for in camera review in accordance with this order no later than 01/26/09. (Manzer, C)
February 3, 2009
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ORDER signed by District Judge Ralph R. Beistline on 2/3/09 ORDERING that Plaintiffs' Motion for Leave to File Instanter Supplemental Complaint, to Join New Party Defendant Bruce Couturier, and to Grant Temporary RestrainingOrder and Preliminary Injunction at Docket 483 is DENIED. Motion terminated. (Becknal, R)
March 4, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/4/2009 granting 337 Motion to Compel. With the exception of the Eddy withheld documents referenced on page 60 of the Joint statement (Campbell documents),and the Roorda, Piquet and Bessee documents referenced in this order, defendants shall produce within ten (10) days all previously withheld documents at issue in this motion. The court will expeditiously issue a separate order with respect to the exceptions listed above. (Waggoner, D)
March 6, 2009
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AMENDED ORDER signed by Magistrate Judge Gregory G. Hollows on 3/6/09 ORDERING that Plaintiffs' motion to compel 337 is granted; With the exception of the Eddy withheld documents referenced on page 60 of the Joint statement (Campbell documents), and the Roorda, Piquet and Bessee documents referenced above, defendants shall produce within ten (10) days all previously withhelddocuments at issue in this motion; and the court will expeditiously issue a separate order with respect to the exceptions listed above. Motion terminated. (Becknal, R)
March 10, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/10/2009. Accordingly, TEOHC shall produce, w/in 10 days the Roorda documents, except to extent that Eddy has expressly asserted, and maintains his assertion of, privilege to specific Roorda documents. The Court will hear oral argument re: Eddy documents as set forth above. (Marciel, M)
March 26, 2009
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RELATED CASE ORDER 546 signed by District Judge Ralph R. Beistline on 3/24/2009. Action denominated 2:09-CV-0519 FCD EFB is REASSIGNED to Judge Beistline and Magistrate Judge Gregory G. Hollows for all further proceedings. The case number on all future documents filed shall be 2:09-CV-0519 RRB GGH. Clerk shall make appropriate adjustment to compensate for reassignment. (Marciel, M)
May 12, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/11/2009. Parties to submit a Joint Statement w/in 10 days of this Order which states these documents submitted for In Camera Review are still at issue, requiring a decision by Judge. (Marciel, M)
June 11, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/11/09 ORDERING pltfs' motion to compel 260 is DENIED with respect to documents submitted for in camera review in response to request number 5. (Carlos, K)
June 30, 2009
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ORDER signed by District Judge Ralph R. Beistline on 6/29/09 ORDERING pltfs' Motion to Hold dft Couturier in Contempt 548 is DENIED; pltfs' Motion to Schedule Trial 548 is DENIED AS MOOT; Dft Couturier's Motion to Strike 559 is DENIED AS MOOT. Parties are ORDERED to jointly submit a proposed protective order by 7/10/09. (Carlos, K)
July 9, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/9/09 ORDERING that Defendant filed a discovery motion on 06/19/09 set for hearing on 7/30/09 at 10:00, a.m.; Notwithstanding the three days specified by E.D. Cal. L.R. 37-251 the joint statement shall be filed in no later than five court days before the scheduled hearing. Notwithstanding E.D. Cal. L.R. 5-133(f), if the joint statement is more than 25 pages, or the attachments are longer than 50 pages, the copy shall be hand delivered or sent by overnight mail to chambers on the day of filing. The filing deadline, accordingly, will be 7/23/09. (Becknal, R)
July 14, 2009
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STIPULATED PROTECTIVE ORDER signed by District Judge Ralph R. Beistline on 7/13/09 in accordance with the Court's order of 6/30/09 573.(Carlos, K)
July 22, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/22/09 ORDERING that Defendant Couturier's 578 motion to strike, filed July 10, 2009, is DENIED. The parties shall file a joint statement in regard to plaintiffs 574 motion, in accordance with E.D. Local Rule 37-251(c), no later than July 30, 2009. Plaintiff's initially filed memorandum will be ignored. (Duong, D)
July 23, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/22/09 ORDERING that because defendants' 572 motion to compel is a duplicate of defendants' motion already set to be heard on 8/6/09, it is VACATED from the calendar for 7/30/09. (Gaydosh, J)
August 21, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 08/21/09 ordering defendant Couturier's motion to file physician's statement under seal, filed 07/27/09 594 is granted. Defendant shall serve plaintiffs with the physician statement. Plaintiff's motion for order extending time limits for depositions of defendants Couturier and Johanson filed 07/06/09 574 is granted in part. Couturier's further deposition will be permitted for a total of 5 more hours, but shall be continued to the beginning of October 2009, prior to discovery cutoff, on a date agreed to by the parties. Plaintiff's are permitted to depose defendant Johanson for 6 more hours. Said deposition shall be scheduled by stipulation of the parties for a date in September, 2009, as arranged by Valerie Callen, courtroom clerk to the undersigned (916) 930-4199 in the jury froom of courtroom #24. Defendant Couturier's motion to compel further discovery responses and depsotion testimony filed 06/19/09 568 is denied. (See order for further details). (Plummer, M)
September 23, 2009
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ORDER signed by District Judge Ralph R. Beistline on 9/22/09. Defendant Couturier is ORDERED to produce the monthly statements sought by Plaintiffs, with a continuing obligation to submit such statements so long as the 10/24/08, Preliminary Injunction remains in effect. Plaintiff's MOTION to Amend the Protective Order 610 is DENIED AS MOOT.(Mena-Sanchez, L)
September 28, 2009
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ORDER signed by District Judge Ralph R. Beistline on 9/25/2009 ORDERING 617 Defendants' Motion to Reset Discovery and Trial Dates is GRANTED IN PART AND DENIED IN PART; Although the trial date of 2/1/2010, is unchanged, the time for completion of fact discovery will be EXTENDED until 11/6/2009, with expert discovery to be completed by 11/27/2009. (Reader, L)
September 28, 2009
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ORDER signed by District Judge Ralph R. Beistline on 9/25/2009 ORDERING In preparation for the scheduling of a settlement conference before the settlement judge, each party shall submit to the settlement judge's chambers a confidential settlement brief on or 10/9/2009. Magistrate Judge Kimberly J. Mueller was randomly selected as the settlement conference judge. (Reader, L) Modified on 9/29/2009 (Donati, J).
November 13, 2009
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 11/12/09 ORDERING that the current hearing date on Pltf's Motion to Compel Discovery is VACATED. The parties Joint Statement will be due by 11/12/09. (Engbretson, K.)
December 10, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/9/09 GRANTING 720 Stipulation and Proposed Order for extending the deadline for execution of a definitive settlement agreement. The settlement agreements and proposed consent decrees shall be executed by all parties and filed with the court by 12/15/09. (Engbretson, K.)
December 16, 2009
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STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/16/09 ORDERING the Stipulation for Extending the Deadline for Execution of a Definitive Settlement Agreement filed December 15, 2009 is hereby GRANTED. The settlement agreements and proposed consent decrees shall be executed by all parties and filed with the court by December 18, 2009. No further extensions will be granted except upon a showing of extraordinarycause.(Becknal, R)
December 29, 2009
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STIPULATION and ORDER Consolidating Cases for Settlement. (Mailed to Robert Eddy) (Short, Jan)
February 4, 2010
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ORDER signed by District Judge Ralph R. Beistline on 2/3/2010 GRANTING intervenor Bruce Courturier's 747 Application for Leave to file consolidated Reply Brief. The deadline for the single Reply Brief shall be triggered by date on which final Opposition is filed. (Marciel, M)
February 4, 2010
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ORDER preliminarily approving Settlement and setting Hearing signed by District Judge Ralph R. Beistline on 2/3/2010. Fairness Hearing set for 3/5/2010 at 02:00 PM (RBB). (Marciel, M)
February 24, 2010
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ORDER DENYING Motion to Intervene by Bruce Couturier at Docket 738. (Short, Jan)
March 9, 2010
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ORDER and FINAL JUDGMENT signed by District Judge Ralph R. Beistline on 3/8/2010. The Final Approval Motion is GRANTED, and the Settlement and the Consent Judgments are APPROVED as fair, adequate and reasonable to parties. All counts asserted in action are DISMISSED with prejudice, without further Order of Court, pursuant ot terms of Settlement Agreement. CASE CLOSED (Marciel, M)
March 23, 2010
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ORDER Denying Motion to Reconsider at Docket 789. (Copy emailed to Mr. Eddy). (Short, Jan)
March 23, 2010
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AMENDED ORDER Denying Motion to Reconsider at Docket 789. (Amended to correct case number) (Copy emailed to Mr. Eddy) (Short, Jan)
May 26, 2010
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AGREED ORDER signed by Chief Judge Ralph R. Beistline on 5/25/10 ORDERING the Orders granting pltfs' Motions for Preliminary Injunction filed 9/26/08 and 10/24/08 398 450 are DISOLVED; the Clerk of the Court is directed to return to pltfs' counsel each bond in the amount of $5,000 posted with respect to each temporary restraining order and preliminary injunction issued by this Court at dockets 367 398 408 and 450 and any applicable accrued interest. (cc: Sacramento Financial Dept) (Carlos, K)
July 25, 2012
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[DISCHARGED per order of 9/13/12] ORDER to SHOW CAUSE signed by Chief Judge Ralph R. Beistline on 7/24/12 ORDERING that Mr. Couturier is hereby ORDERED TO SHOW CAUSE why the Court should not compel him to authorize communication between Mr. Saakvitne and the IRS with regard to Couturier's Palm Desert property tax refund claim. Couturier shall file his stated reasons by on or before August 24, 2012. If the Court requires any further briefing from the parties, it will issue another order at that time. (Matson, R) Modified on 9/13/2012 (Kaminski, H).
May 11, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/11/18 GRANTING 798 Motion to modify the protective order. The May 17, 2018 hearing is VACATED. (Kaminski, H)