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12-2938 - (PS) Fitzpatrick v. Fitzpatrick, et al.


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12-2938 - (PS) Fitzpatrick v. Fitzpatrick, et al.
May 7, 2013
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ORDER granting Motions to Dismiss 6, 7, 9 signed by Magistrate Judge Allison Claire on 5/6/13: Plaintiff is granted thirty days from the date of this order to file and serve an amended complaint. (Kaminski, H)
July 8, 2013
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ORDER signed by Magistrate Judge Allison Claire on 7/8/2013 GRANTING 33 Plaintiff's Motion for Extension of time; the hearing on defendants' motions 28, 32 to dismiss, are CONTINUED to 8/28/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Reader, L)
July 19, 2013
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ORDER signed by Magistrate Judge Allison Claire on 7/19/13 ORDERING that Defendant GMW is DISMISSED from this action with prejudice. GMW's 6/5/13 MOTION to DISMISS 28 is DENIED as moot; and the 8/28/13 hearing on GMW's MOTION to DISMISS is VACATED from calendar. (The 8/28/13 hearing on Defendants Brian and Dianne Fitzpatricks MOTION to DISMISS remains unaffected by this order.(Mena-Sanchez, L)
August 21, 2013
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ORDER signed by Magistrate Judge Allison Claire on 8/21/13 DENYING without prejudice 5 Motion for Consent. (Meuleman, A)
August 30, 2013
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ORDER signed by Magistrate Judge Allison Claire on 8/29/2013 ORDERING that Defendants' 32 motion to dismiss is GRANTED IN PART. Plaintiff's 41 motion for leave to file a supplemental pleading is GRANTED. The first amended complaint is DISMISSED. Plaintiff shall file a second amended complaint within thirty days from the date of this order. Because this will be plaintiff's final opportunity to amend his complaint, he is directed to include all allegations in a single pleading since piecemeal pleadings will not be accepted. (Zignago, K.)
January 28, 2014
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ORDER signed by Magistrate Judge Allison Claire on 1/27/2014. Plaintiff's 13 Motion for Costs in accordance with FRCP 4(c)(D) is GRANTED in part. Within 21 days from date of this Order, defendants Brian and Dianne Fitzpatrick shall remit payment in amount of $110.00 to Michael J. Fitzpatrick. (Marciel, M)
May 27, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/23/2014 RECOMMENDING that Defendants' 49 motion to dismiss be granted in part. Plaintiff's fraud claim be dismissed without leave to amend. Plaintiff's breach of fiduciary duty based on a confidential relationship be dismissed without leave to amend. This matter proceed on plaintiff's remaining claims (breach of implied contract, breach of fiduciary duty based on a fiduciary / partnership relationship, breach of implied covenant of good faith and fair dealing, resulting trust, and unjust enrichment). Motion referred to Judge Garland E. Burrell, Jr.. Objections to F&R due within 14 days. (Zignago, K.)
July 3, 2014
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ORDER signed by Judge Garland E. Burrell, Jr on 7/2/14 ADOPTING IN FULL 58 Findings and Recommendations; GRANTING IN PART 49 Motion to Dismiss. Plaintiff's claims of fraud and breach of fiduciary duty based on a confidential relationship are DISMISSED without leave to amend; this matter shall proceed in plaintiff's remaining claims (breach of implied contract, breach of fiduciary duty based on a fiduciary/partnership relationship, breach of implied covenant of good faith and fair dealing, resulting trust, and unjust enrichment); and defendants shall FILE an Answer to the Second Amended Complaint within 30 days from the date of this order. (Meuleman, A)
August 4, 2014
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ORDER signed by Magistrate Judge Allison Claire on 8/4/14 CONTINUING Status Conference to 9/10/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Meuleman, A) Modified on 8/4/2014 (Meuleman, A).
October 9, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/8/14 ORDERING that the depositions of the parties take place between 11/15/14 and 11/20/14, inclusive, in El Dorado County. The parties may amend this deposition schedule only by stipulation filed with the court.(Mena-Sanchez, L)
November 7, 2014
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ORDER signed by Magistrate Judge Allison Claire on 11/7/14. The parties are ordered to discontinue their email communications with the courtroom deputy regarding the substance of their discovery dispute. Counsel for defendants is ordered to send a courtesy copy of this order via email to plaintiff upon receipt. (Manzer, C)
November 13, 2014
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ORDER signed by Magistrate Judge Allison Claire on 11/13/2014. Plaintiff's Motion to Compel is DENIED. Plaintiff cautioned that any future Motions to Compel must be in compliance with Federal Rules of Civil Procedure and Local Rules. In light of the time-sensitive nature of this Order, plaintiff's status as a pro se litigant without electronic filing privileges, plaintiff's present location outside of the country, and plaintiff's regular use of email, counsel for defendant is directed to forward a copy of this Order forthwith to plaintiff at email address (or addresses) from which plaintiff has communicated in the past. Further, plaintiff directed to Local Rule 133(b)(3), which provides for a pro se party to seek permission to utilize Court's electronic filing system. (Marciel, M)
November 14, 2014
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ORDER TO SHOW CAUSE signed by Magistrate Judge Allison Claire on 11/13/2014 ORDERING that the parties shall, within 14 days of the date of this order, each file a written waiver of any claim of disqualification of the undersigned conducting a settlement conference. In the alternative, if any party wishes to withdraw his agreement to the undersigned acting as settlement judge, that party shall, within 14 days of the date of this order, file a request that a settlement conference be scheduled before another magistrate judge. (Reader, L)
December 3, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/2/2014 ORDERING that Plaintiff's 80 Motion to reschedule depositions is construed as a motion to amend the discovery scheduling order and is GRANTED. Within twenty-one days from the date of this order, the parties shall file separate status reports in accordance with this order. The 4/30/2015 settlement conference is VACATED. (Zignago, K.)
December 8, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/5/2014 ORDERING that plaintiff's 12/4/2014 84 request for electronic document submission is GRANTED. Plaintiff may now file all documents electronically pursuant to Local Rule 133. (Zignago, K.)
February 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 2/17/2015 DENYING 95 Motion to Compel without prejudice to its renewal after the plaintiff has complied with the rules governing discovery practice; DENYING 97 Request to Revise the Schedulong Order; VACATING the hearing scheduled for 2/18/2015. (Michel, G.) Modified on 2/20/2015 (Michel, G.).
June 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/16/15 ORDERING that Plaintiff's opposition, or statement of non-opposition, shall be served and filed no later than 7/8/15; Defendants' reply, if any, shall be served and filed no later than 7/15/2015. The Hearing on the Motion for SUMMARY JUDGMENT 99 is VACATED. The date of the upcoming settlement conference, currently scheduled for 8/13/15 is CONFIRMED. In the event the case does not settle, the court will take the pending Summary Judgment Motion under submission, or re-schedule a hearing on the Motion.(Mena-Sanchez, L)
June 25, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/24/2015 DENYING 101 Plaintiff's motion to appear telephonically. (Reader, L)
July 1, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/30/15 ORDERING that Plaintiff's MOTION for Protective Order 102 is DENIED; Defendant's opposition, or statement of non-opposition, to Plaintiff'S Motion for Summary Judgment 104, shall be served and filed no later than 7/17/2015; Plaintiff's reply, if any, shall be served and filed no later than 7/24/2015; and Plaintiff's Motion To Compel 105, is DENIED. (Mena-Sanchez, L)
January 19, 2016
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ORDER signed by Magistrate Judge Allison Claire on 01/15/16 ORDERING that plaintiff's 129 Second Supplemental Pleading is STRICKEN. (Benson, A)
January 27, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/26/2016. It is ORDERED that Clerk shall enter 5/5/2016 Deposition Transcript of Michael Fitzpatrick onto docket. Court is also RECOMMENDING that defendants' 99 Motion for Summary Judgment be granted; plaintiff's 104 Motion for Summary Judgment be denied; action be dismissed with prejudice; and Clerk be ordered to close this case. These Findings & Recommendations are SUBMITTED to District Judge Garland E. Burrell, Jr.. Within 21 days after being served with these F & Rs, any party may file written Objections with Court and serve copy on all parties. (Marciel, M)
April 6, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/5/16 ORDERING that on 3/16/16, plaintiff filed a motion for reconsideration of the district judge's order (ECF No. 141), dated 3/4/16. ECF No. 143. Plaintiff has now improperly noticed that motion to be heard by the magistrate judge. ECF No. 146. Accordingly, IT IS HEREBY ORDERED that: The notice of motion (ECF No. 146) is DISREGARDED, and the motion will not be placed on the magistrate judge's calendar. (Becknal, R)
April 27, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/26/16 ORDERING that Defendants' pending Motion for Sanctions under FRCP 11 (ECF No. 144), is VACATED from the Magistrate judges calendar. Plaintiff's MOTION to vacate or continue dates (ECF No. 149), is DENIED as moot; and This action is REFERRED back to the District Judge presiding over this case.(Mena-Sanchez, L)
May 27, 2016
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ORDER denying Defendants' 143 motion for sanctions signed by District Judge Garland E. Burrell, Jr., on 5/27/16. (Kastilahn, A)