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10-1056 - Kozak et al v. Chabad-Lubavitch Inc. et al


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10-1056 - Kozak et al v. Chabad-Lubavitch Inc. et al
October 18, 2012
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ORDER signed by Judge Morrison C. England, Jr. on 10/17/2012 ORDERING that the complaint be UNSEALED and served upon the defendants by the United States. All other contents of the Court's file in this action remain under seal and not be made public or served upon the defendants, except for this Order and the United States' Notice of Election to Intervene which will be served upon the defendants after service of the complaint. The seal be lifted as to all matters occurring in this action after the date of this Order. The defendants respond to the complaint within 20 days after being served. (Zignago, K.)
December 5, 2012
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/5/12 ORDERING that the following causes of action of the complaint, filed 4/30/10, shall be dismissed without prejudice as to all defendants: (i) Count IV, California False Claims Act (Government Code § 12651(a)(1) and (a)(2)) (Complaint, 17:24-18:24); (ii) Count V, California False Claims Act (Government Code § 12651(a)(3)) (Complaint, 18:25-19:28); (iii) Count VI, California False Claims Act (Government Code § 12651(a)(7)) (Complaint, 20:1- 21:1); (iv) Count VII, Breach of Contract (Complaint, 21:2-16); and (v) Count VIII, Unjust Enrichment (Complaint, 21:17-22:2). (Becknal, R).
December 20, 2012
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/20/12 ORDERING that the following causes of action of the complaint, filed April 30, 2010, shall be dismissed without prejudice as to all defendants: (i) Count IV, California False Claims Act (Government Code § 12651(a)(1) and (a)(2)) (Complaint, 17:24-18:24); (ii) Count V, California False Claims Act (Government Code § 12651(a)(3)) (Complaint, 18:25-19:28); (iii) Count VI, California False Claims Act (Government Code § 12651(a)(7)) (Complaint, 20:1-21:1); (iv) Count VII, Breach of Contract (Complaint, 21:2-16); and (v) Count VIII, Unjust Enrichment (Complaint, 21:17-22:2). (Manzer, C)
October 10, 2013
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/10/13: Settlement Conference reset for 11/18/2013 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Manzer, C)
November 5, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/5/13 ORDERNG that the United States's 58 motion to compel defendant Chabad of California to provide its initial disclosures and to respond to the United States' First Set of Interrogatories and First Set of Requests for Production of Documents is GRANTED. Within seven days of the date of this order, defendant Chabad of California shall serve the United States with its initial disclosures. Also within seven days of the date of this order, defendant Chabad of California shall serve the United States with responses to its First Set of Interrogatories and First Set of Requests for Production of Documents. Within seven days of the date of this order, the United States shall file a declaration identifying the reasonable expenses incurred in making its motion to compel. Any response to the declaration shall be filed within seven days thereafter. Defendant Chabad of California is admonished that failure to comply with this order and/or continued failures to comply with the Local Rules and/or the Federal Rules of Civil Procedure may result in the imposition of further sanctions, including monetary sanctions, evidentiary sanctions, and/or rendering a default judgment against defendant Chabad of California. (Kastilahn, A)
November 14, 2013
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STIPULATION and ORDER re: 61 signed by Magistrate Judge Carolyn K. Delaney on 11/14/13 VACATING Settlement Conference scheduled for 11/18/13. The parties shall SUBMIT a joint request for a new Settlement Conference date following the completion of discovery. (Meuleman, A)
January 31, 2014
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ORDER SUBSTITUTING ATTORNEY signed by Chief Judge Morrison C. England, Jr on 1/29/14; substituting Mark M. Hathaway as counsel of Chabad of California in place of Jeffrey G. Jacobs; MOOTING 66 Motion to Withdraw as Attorney. (Meuleman, A)
June 18, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/14. Defendant Chabad of California shall reimburse the United States in the amount of $900.00. (Manzer, C)
June 24, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 6/24/14 GRANTING 75 Request to Either Authorize Multiple Briefs in Support of Motion for Summary Judgment of Extend the Page Limitation for the Brief in Support of Summary Judgment. IT IS ORDERED that the page limitation for the United States' memorandum of points and authorities, to be filed 6/26/14, in support of its Motion for Summary Judgment, shall be 30 pages. (Meuleman, A)
July 24, 2014
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 7/22/2014 ORDERING that any opposition or cross motions to the pending 78 motion for summary judgment are to be filed no later than 7/24/2014, and any reply and cross motion opposition papers are to be filed no later than 8/7/2014. No other dates or deadlines in this Court's Pretrial Scheduling Order are altered. Reply briefing, if any, to a cross-motion remains due at least one week prior to the 8/21/14 hearing. (Zignago, K.)
October 10, 2014
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ORDER CONTINUING TRIAL signed by Chief Judge Morrison C. England, Jr. on 10/9/2014. The Jury Trial is VACATED and CONTINUED to 1/20/2015 at 9:00 AM in Courtroom 7 (MCE). Trial Briefs shall be filed no later than 11/20/2014. Final Pretrial Conference is RE-SET for 12/4/2014 at 2:00 PM in Courtroom 7 (MCE). The Joint Final Pretrial Statement due no later than 11/13/2014. Any Evidentiary or Procedural Motions to be filed by 11/13/2014; Oppositions due by 11/2014; and any Replies shall be submitted by 11/26/2014. (Marciel, M)
December 9, 2014
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MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 12/8/2014 GRANTING 78 Motion for Summary Judgment against Chabad of California; AWARDING $817,485.00 in treble damages along with $27,500.00 in statutory penalties, for a total of $844,985.00 against Defendant Chabad of California; DENYING 78 Motion for Summary Judgment as it applies to Defendants Chabad of Marina, Yeshiva Ohr; VACATING the Final Pretrial Conference, Jury Trial in this matter; DIRECTING the remaining parties to file a Joint Status Report within thirty (30) days. (Michel, G)
February 4, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 2/2/15 ORDERING the Court, having reviewed the court files and the parties' Joint Status Report, hereby orders that within 30 days of the date this Order is electronically filed, the parties shall either file or lodge dispositive documents resolving the remaining issues in this case, or file a supplemental report advising the Court of any additional issues remaining in dispute and their proposal for resolving those matters. (Becknal, R)
March 11, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 3/10/15 ORDERING that within 30 days of the filing of this Order, the parties shall file a supplemental joint status report advising the Court of the status of the settlement agreement, and what, if any, additional issues remain for resolution in the case.(Mena-Sanchez, L)
April 16, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 04/15/15 ORDERING that within 10 days the parties shall file a supplemental joint status report. (Benson, A)
May 11, 2015
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r. (Michel, G.)ORDER signed by Chief Judge Morrison C. England, Jr. on 5/8/2015 GRANTING 129 Motion to Amend the 123 Memorandum and Order granting Summary Judgment against Chabad of California; CORRECTING the 123 Memorandum and Order as specified in this Orde
May 11, 2015
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AMENDED MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 5/8/2015 GRANTING 78 Motion for Summary Judgment in favor of the Government and againgst Defendant Chabad of California; AWARDING treble damages against Chabad of California in the sum of $821,610.00, along with statutory penalties in the amount of $27,500.00, for a total of $849,110.00; DENYING 78 Motion for Summary Judgment insofar as it applies to Defendants Chabad of Marina and Yeshiva Ohr. (Michel, G.)
August 25, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 8/20/15 ORDERING that Pursuant to the parties' signed stipulation 138 and FRCP 41(a)(1)(A)(i), Defendants Chabad-Lubavitch Inc., Yeshiva Ohr Elchonon Chabad, Bais Chana High School, Chabad of Marina, and Bais Chaya Mushka, and the cross-claims of Yeshiva Ohr Elchonon against Chabad of California, are hereby DISMISSED without prejudice and without the loss of any rights, claims, or remedies. All other parties and claims not dismissed above remain in the case. (Mena-Sanchez, L)
October 7, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 10/5/15 ORDERING the Court, having reviewed the court files and the United States' Application for an Order Directing Entry of Judgment, hereby GRANTS the Application; Accordingly, the Clerk is hereby directed to ENTER judgment in favor of the plaintiff United States and against the defendant Chabad of California in the amount of $712,090, plus interest as allowed by law. (Becknal, R)
October 14, 2015
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AMENDED ORDER DIRECTING ENTRY OF JUDGMENT signed by Chief Judge Morrison C. England, Jr. on 10/13/2015 ORDERING the Clerk to enter judgment in favor of the plaintiff United States and against the defendant Chabad of California in the amount of $713,090, plus interest as allowed by law. (Zignago, K.)
October 14, 2015
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AMENDED JUDGMENT dated *10-14-2015* pursuant to order signed by Chief Judge Morrison C. England, Jr on 10/13/2015. (Zignago, K.)
March 3, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/2/2016 ORDERING the Court hereby ORDERS, ADJUDGES and DECREES the United States' application for a final order of garnishment in the amount of $1,267.00 is GRANTED; Comerica Bank shall deliver to the US Dept of Justice, within 20 days ofthe filing of this Order, a cashier's check, money order or company draft in the sum of $1,267.00 drawn from defendant Chabad of California's business checking account numbers x-3769 and x-0486 and made payable to the "United States Department of Justice" at the United States' Attorney's Office, Eastern District of CA (Attn: Tina Baca), 501 I Street, Suite 10-100, Sacramento, CA 95814; Comerica Bank shall state the docket number (Case No.: 2:10-cv-01056-MCE-EFB) on the payment instrument and, if it desires a payment receipt, shall include a self-addressed, stamped envelope with the payment; Upon its payment of the $1,267.00 to the US, Comerica Bank shall release its hold on Chabad of California's business checking account numbers x-3769 and x-0486; and this is a final order of garnishment; upon payment and processing of the garnished amount as ordered above, this writ shall terminate pursuant to 28:3205(c)(10)(B). (Reader, L)