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07-1086 - (PS) Clark v Nevans et al


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07-1086 - (PS) Clark v Nevans et al
June 7, 2007
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RELATED CASE ORDER signed by Judge Frank C. Damrell Jr. on 6/5/07 ORDERING the action denominated CIV F-07-0746 AWI WMW PS is reassigned to Judge Frank C. Damrell, Jr. and Magistrate Judge Kimberly J. Mueller for all further proceedings. Any dates currently set in the reassigned case, to include any motion hearing, are hereby VACATED; henceforth, the caption on all documents filed in the reassigned case shall be shown as: CIV S-07-1086 FCD KJM PS, the Sacramento Division case number; IT IS FURTHER ORDERED that the Clerk to make the appropriate adjustments in the assignment of civil cases to compensate for this reassignment. (Yin, K)
June 11, 2007
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ORDER signed by Judge Kimberly J. Mueller on 6/11/07 ORDERING that all motions pending on the docket are DENIED without prejudice. Any motion to dismiss shall be filed no later than 6/29/07 and shall be noticed for hearing on 8/29/07 at 10:00 AM before Judge Mueller. Opposition shall be filed no later than 7/23/07. Reply shall be filed no later than 8/6/07. Pending resolution of the motions to dismiss, discovery is STAYED. Pltf is limited to only one motion pending at any time. (Engbretson, K.)
June 21, 2007
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ORDER signed by Judge Kimberly J. Mueller on 06/20/07: Pltf's 27 Motion to Stay is DENIED. (Kirkpatrick, S)
July 27, 2007
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ORDER signed by Judge Kimberly J. Mueller on 7/26/07 ORDERING all pending motions to dismiss 28 30 52 are DENIED AS MOOT. Any motion to dismiss shall be filed no later than 9/7/07 and shall be noticed for hearing on 10/17/07 at 10:00 before Magistrate Judge Kimberly J. Mueller. Opposition, if any, shall be filed no later than 9/28/07. Reply, if any, shall be filed no later than 10/8/07. Pltf's Application to proceed in forma pauperis 32 is DENIED WITHOUT PREJUDICE. Clerk is directed to serve pltf with a copy of the court's form application for proceeding in forma pauperis used in non-prisoner cases.(Carlos, K)
August 30, 2007
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ORDER signed by Judge Kimberly J. Mueller on 8/29/07 ORDERING that The 7/27/07 scheduling order is VACATED. Pending resolution of the vexatious litigant motions, this action is STAYED for all purposes. Defendants need not file any Motions to dismiss or responsive pleadings pending further order of the court. Pending resolution of the vexatous litiganat motion, Plaintiff shall file no further pleadings in this action. (Mena-Sanchez, L)
October 16, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 10/16/07 RECOMMENDING that this plaintiff be declared a vexatious litigant, that pre-filing order be entered and that this action be dismissed. Referred to Judge Frank C. Damrell, Jr. Objections to F&R due within 10 days.(Dillon, M)
November 14, 2007
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ORDER signed by Judge Frank C. Damrell Jr. on 11/14/07 ADOPTING 73 FINDINGS and RECOMMENDATIONS in full; pltf is DECLARED a VEXATIOUS litigant; pre-filing order entered; this action is DISMISSED. CASE CLOSED. (Yin, K)
January 8, 2008
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MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 1/8/08. 76 Pltf's Motion for Reconsideration is summarily DENIED. The hearing set for 1/18/08 is VACATED. (Price, M)
March 4, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/4/2008 ORDERING the hearing date of 3/12/2008 is vacated. Hearing on defendant Hershewe's motions for attorneys' fees in both actions is continued to 4/16/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. Pltf shall file opposition, if any, to the motion in case no. CIV-S-07-1086FCD KJM PS no later than 3/26/2008.(Matson, R)
May 5, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 5/2/08 RECOMMENDING that dft Hershewe's 87 motion for attorneys' fees and costs under 42 U.S.C. ยง 1988 be granted in the amount of $35,840 and costs be allowed in the amount of $343.12. Motion referred to Judge Frank C. Damrell, Jr. Objections to F&Rs due within 10 days. (Engbretson, K.)
December 5, 2008
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ORDER signed by Judge Frank C. Damrell, Jr on 12/4/08 ADOPTING 101 Findings and Recommendations in full. Dft Hershewe's 87 motion for attorneys' fees and costs is GRANTED in the amount of $35,840 and costs are allowed in the amount of $343.12. (Engbretson, K.)