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13-007 - AT&T Mobility, LLC v. Yeager, et al.


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13-007 - AT&T Mobility, LLC v. Yeager, et al.
April 16, 2013
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/16/13 DISCHARGING AND DISMISSING Plaintiff AT&T Mobility from Interpleader Action. (Meuleman, A)
April 11, 2014
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ORDER signed by Judge Kimberly J. Mueller on 4/10/2014. Parsons Behle & Latimer's 72 Motion to Intervene is GRANTED. Connie Bowlin's 87 Motion to Substitute her in her capacity as Ed Bowlin's personal representative in place of Ed Bowlin is GRANTED. (Marciel, M)
August 19, 2014
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ORDER signed by Judge Kimberly J. Mueller on 8/19/2014 DENYING 103 Motion for Summary Judgment. (Donati, J)
August 26, 2014
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ORDER signed by Judge Kimberly J. Mueller on 8/25/2014 ORDERING all parties to exchange exhibits as soon as possible; ORDERING all parties to lodge with the Clerk of Court, seven days prior to trial, the sealed original copy of any deposition transcript to be used at trial; ALLOWING Parsons Behle & Latimer to file any motions in limine to resolve any evidentiary issues; CONFIRMING the Bench Trial for 9/8/2014 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; DIRECTING all parties to Judge Mueller's trial schedule outlined at the "important information" link located on her web page on the court's website; ORDERING that trial briefs be filed seven days prior to trial; DIRECTING Lesser Law Group and the Bowlins to file status reports, beginning in sixty days and continuing every sixty days thereafter, notifying the court of the progress of the Bowlins fee application in the Ninth Circuit and the litigation in Sacramento County Superior Court; GRANTING each party five days to file any objections. (Attachments: # (1) Attachment A) (Michel, G)
November 5, 2014
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RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 11/4/14 ORDERING that 2:14-cv-02544-JAM-CKD is REASSIGNED from District Judge John A. Mendez to to Judge Kimberly J. Mueller and from Magistrate Judge Carolyn K. Delaney to Magistrate Judge Dale A. Drozd. The Caption on documents filed in the reassigned case shall be shown as 2:14-cv-2544 KJM DAD. It is further ORDERED that the Clerk make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Mena-Sanchez, L)
November 21, 2014
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ORDER signed by Judge Kimberly J. Mueller on 11/20/2014 DENYING Parson Behle's Motion for Sanctions. It is HEREBY ORDERED that an Evidentiary Hearing is set for 1/20/2015 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller and a final pre-hearing Status Conference set for 1/8/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Joint pre-hearing stipulation and report due 1/5/2015. (Donati, J)
January 14, 2015
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ORDER signed by Judge Kimberly J. Mueller on 1/13/2015 GRANTING 129 Mr. White's Motion to Withdraw as Attorney. (Donati, J)
January 15, 2015
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ORDER signed by Judge Kimberly J. Mueller on 1/15/2015. The hearing on Parsons Behle's 144 Motion to Enforce Subpoena is ADVANCED to 2/5/2015 at 2:30 PM in Courtroom 3 (KJM). Any further Motions to Enforce Subpoenas, to Require Production of Documents, for Protective Orders, Motions In Limine, and similar Motions related to Evidentiary Hearing on 2/24/2015, shall be filed no later than Monday, 2/2/2015. Memoranda filed in support of such Motions shall be limited to 10 pages, and each Motion must include a Statement describing parties' efforts to meet and confer to resolve disputes. Responses shall be argued at the pre-hearing status conference on 2/5/2015. The deadline for submission of a joint pre-hearing stipulation and report is RE-SET for Monday, 2/2/2015. (Marciel, M)
February 11, 2015
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ORDER signed by Judge Kimberly J. Mueller on 2/11/15 GRANTING 144 Motion to Enforce Subpoena. The Court therefore ORDERS 144 is GRANTED as to any documents relevant to Mr. White's authority to settle this case; immediately upon receipt, Parson Behle shall serve on General Yeager copies of all documents produced by PWC in response to the subpoena. At any time before the evidentiary hearing, General Yeager may file objections to any documents produced in response to the subpoena. Objections may be based on any of the Federal Rules of Evidence and may include a renewed objection based on attorney-client privilege. General Yeager shall identify and describe the grounds for each objection. This order does not limit General Yeager's ability to object that testimonial evidence presented at the hearing is protected by the attorney-client privilege. (Meuleman, A)
March 5, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/3/15 ORDERING that Ms. Yeager's 162 ex parte request to intervene is GRANTED IN PART, subject to the limitations listed in this order. (Kastilahn, A)
March 26, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/25/2015 DIRECTING the parties to include in the closing briefs ordered following the 167 Evidentiary Hearing, to be filed by 4/21/2015, a response to the court's impression that a hearing on General Yeager's competence is required. (Michel, G.)
March 31, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/30/15 GRANTING 168 Motion for Clarification. (Meuleman, A)
April 17, 2015
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ORDER signed by Judge Kimberly J. Mueller on 4/16/2015 DENYING 172 Motion for Reconsideration. (Zignago, K.)
May 21, 2015
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ORDER signed by Judge Kimberly J. Mueller on 5/21/15 ORDERING: (1) The court sets a hearing for Tuesday, June 2, 2015, 2:00 p.m., at which General Yeager must appear to advise the court whether he will consent to the appointment of a guardian ad litem in this case. (2) If General Yeager consents to the appointment of a guardian ad litem, he shall identify at the hearing the names of two persons who are able to serve as guardian ad litem in this case. General Yeager shall be prepared to explain each proposed guardian ad litem's qualifications and say whether each would consent to fulfilling that role. So that it is clear, given her separate interests, Mrs. Yeager does not qualify to serve as guardian ad litem in this case. (3) If General Yeager does not consent to the appointment of a guardian ad litem, the court at hearing will (a) set a next hearing on the issue of his competence and whether his interests are adequately protected in this action and (b) set a schedule for the in camera submission of evidence related to a determination of his competence. (Becknal, R)
July 21, 2015
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ORDER denying the Yeagers' 195 Motion for Recusal, signed by Judge Kimberly J. Mueller on 7/21/15. (Kastilahn, A)
August 11, 2015
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ORDER signed by Judge Kimberly J. Mueller on 8/11/15. A hearing is set for 8/25/2015 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. General Yeager shall appear and be prepared to answer the court's questions regarding competency. Should General Yeager not appear, the court will consider his absence as consent to the appointment of any qualified guardian ad litem without further notice. General Yeager shall submit by email any evidence of his competency for the court's in camera review, without filing it on the docket, by 8/21/15. By the same date General Yeager shall file any requests for partial closure of the 8/25 hearing or the sealing of documents. (Manzer, C)
August 20, 2015
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ORDER signed by Judge Kimberly J. Mueller on 8/19/15: 207 Ex Parte Application is DENIED without prejudice. (Kaminski, H)
August 24, 2015
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ORDER signed by Judge Kimberly J. Mueller on 8/24/15 ORDERING that the hearing set for 8/25/15 at 10:00 a.m. is RESET for 9/14/2015 at 01:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Parsons Behle & Latimer may appear at the 9/14/15 hearing by telephone. (Mena-Sanchez, L)
September 25, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/24/2015 DENYING 219 Motion for Protective Order/Request to Seal; GRANTING the Yeagers seven days to: (1) file the assignment in question on the docket or (2) withdraw reliance on said document. (Michel, G.)
November 10, 2015
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ORDER signed by Judge Kimberly J. Mueller on 11/10/2015 ORDERING that the appointment of a guardian ad litem is necessary to protect General Yeager's interests in this case. The court will identify a guardian ad litem in a separate order to follow shortly.(Donati, J)
December 28, 2015
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ORDER signed by Judge Kimberly J. Mueller on 12/28/2015 APPOINTING James E. Houpt as guardian ad litem for Defendant/Cross Claimant Charles E. Yeager; NOTIFYING all parties that this order may be modified only by the court after notice and an opportunity for any interested party to be heard; SETTING a Status Conference for 1/7/2016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; ORDERING the parties to be prepared to discuss the schedule of this case and the possible appointment of Mr. Houpt as guardian ad litem in the related case, no. 2:14-cv-02544 KJM CKD. (Attachments: # (1) Resume, # (2) Letter)(Michel, G.)
December 29, 2015
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ORDER signed by Judge Kimberly J. Mueller on 12/28/2015 DENYING 225 Ex Parte Application to Seal filed by Charles E. Yeager. (Michel, G.)
January 25, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 01/22/16 ORDERING that the court anticipates Mr. Houpt will prepare and file a report as described in the court's previous order within approximately 30 days. (See Order Dec. 28, 2015, No. 13-0007, ECF No. 227.) Upon the filing of his report, any party in Case No. 13-0007 may file objections within 30 days. A further status conference in both Case No. 13-0007 and Case No. 14-2544 will then be set approximately 30 days from the date objecopies of these three documents to General Yeager, Mr. Houpt, Mrs. Yeager, and counsel for Parsons Behle & Latimer upon the filing of this order. (Attachments: # (1) Exhibits A and B)(Benson, A)tions are due. Mr. Houpt is APPOINTED guardian ad litem for General Yeager in Case No. 2:14-cv-02544-KJM-CKD, without objection. That case remains STAYED in its entirety pending further order of this court. The court anticipates Mr. Houpt will not assume an active role in Case No. 14-2544 until his report in Case No. 13-0007 is prepared and addressed as described in this order, although he may consider the posture of the 2014 case and documents filed therein in preparing his report. At the 01/21/16 status conference, Mr. Houpt requested copies of documents discussed in the evidentiary hearing held on 03/24/15. On review of the docket, these documents include both (i) documents admitted and marked as Exhibits A and B in that hearing, (see Exhibit List, ECF No. 167-1); and (ii) documents marked as Exhibits C, D and E, but not admitted at the hearing. By previous order, the court determined the document marked as Exhibit A was not protected by attorney-client privilege with respect to either Case No. 13-0007 or Case No. 14-2544. (See 170 03/31/15 Order). Upon review of the file, the court concludes the same is true of Exhibit B. Exhibits A and B are therefore filed concurrently with this order. As noted, the documents marked as Exhibits C, D and E, were not admitted at the evidentiary hearing, and it is unclear whether General Yeager or Victoria Yeager have waived any privilege that may attach to those documents. Clerk will is directed to forward by e-mail electronic c
February 9, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 2/9/16 ORDERING that The Guardian ad Litem shall have authority to move for the sealing or redaction of any documents filed in this case to protect General Yeager's privacy interests. The decision whether to move for sealing or redaction is within the Guardian ad Litem's discretion as an officer of the court. To be clear, the Guardian ad Litem's authority in this respect is limited to the protection of General Yeager's interests not those of Mrs. Yeager or another person, and creates neither an attorney, client relationship nor attorney-client privilege.(Mena-Sanchez, L)
March 16, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 2/22/2016 ORDERING defendant's guardian ad litem's request for authority to incur costs by appointed guardian ad litem James E. Houpt is GRANTED, re 227 Order. (Crouch, J)
April 15, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 4/14/2016; The court expects the report by Mr. Houpt to be filed by late May 2016. (Zignago, K.)
June 24, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/24/2016 GRANTING Victoria Yeager's 247 Motion for leave to file electronically. (Zignago, K.)
July 25, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 7/25/16 ORDERING that the court requests that James Houpt, General Yeager's guardian ad litem, attend the hearing on July 29 and be prepared to answer questions about whether General Yeager will challenge the enforceability of the purported assignment in this case and whether recognition of that assignment is in General Yeager's best interests here. (Kastilahn, A)
August 12, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/12/16 ORDERING Mrs. Yeager's motion is granted to the extent she requests to intervene to represent her joint interests with General Yeager in this case, as memorialized in the assignment of his rights. Within fourteen days, Mrs. Yeager and General Yeager, represented by his guardian ad litem, shall file an appropriate motion and proposed order of substitution or dismissal; In addition, within fourteen days, General Yeager shall file a notice, via his guardian ad litem, briefly explaining whether the General's interests in this case, considered individually or together with Mrs. Yeager, require an expansion of the evidentiary record with re to Parker White's authority, as his former attorney, to enter the purported settlement agreement on his behalf. See generally Order, 11/21/14, 139. By the same date, any other party may give notice of its position on this same question. A status conference is set for 10/13/16, at 2:30 p.m. in Courtroom 3 to set a schedule for the remainder of this case. A joint status report including a proposed schedule shall be filed no later than 10/6/16. (Becknal, R)
December 2, 2016
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neral or Mrs. Yeager's rights, if any, to the interpleaded funds at issue in this matter, or to prosecute or defend any claim to the interpleaded funds. (Becknal, R)ORDER signed by District Judge Kimberly J. Mueller on 12/1/16 ORDERING that Intervener Victoria Yeager is substituted for General Charles E. "Chuck" Yeager (Ret.) for all purposes in the above-entitled matter, with the result that she steps into General Yeager's shoes from the date of this order forward. See Summit Canyon Res., LLC v. Barker, No. 215CV2167JADGWF, 2016 WL 740420, at *2 (D. Nev. Feb. 23, 2016) (internal quotation marks, footnotes, and alterations omitted) (quoting In re Bernal, 207 F.3d 595, 598 (9th Cir. 2000)) (substituted defendant bound by substituted-for defendant's prior decision); General Yeager is dismissed without prejudice, but this court retains jurisdiction to withdraw the dismissal should General Yeager's presence in the matter be necessary to protect the rights of General or Mrs. Yeager; The substitution and dismissal ordered above shall not be construed as a waiver of any rights or create an estoppel or impediment to Ge
September 29, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 9/29/17 ORDERING the court adjudicates the Bowlins' motions insofar as it: GRANTS the Bowlins' anti-SLAPP motion to strike Mrs. Yeager's entire cross-complaint and therefore DISMISSES the cross-complaint with prejudice. ORDERS the Bowlins to file a brief with supporting declarations identifying the appropriate attorneys' fee award in connection with the anti-SLAPP motion within fourteen calendar days of this order. Mrs. Yeager's opposition is due seven days thereafter, and the Bowlins' reply seven days after the opposition. DENIES as MOOT the Bowlins' motion to dismiss. DENIES as MOOT the Bowlins' request to order Mrs. Yeager to furnish security to maintain her cross-complaint. ORDERS the Bowlins to further brief the question of whether the court should not deny the motion to declare Mrs. Yeager a vexatious litigant and the associated request to issue a pre-filing review sanction against Mrs. Yeager. The Bowlins response to this order is due within fourteen days. Mrs. Yeager's reply, if any, is due seven days thereafter. This resolves ECF Nos. 283, 284, and partially resolves ECF No. 288. The court will resolve the balance of ECF No. 288 once the further briefing ordered here is complete. (Becknal, R)
September 30, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 09/30/2017. The court GRANTS summary judgment for Lesser as to Mrs. Yeagers entire Cross-Complaint. 316 (Andrews, P)
November 8, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 11/7/17 ORDERING that the court STRIKES with prejudice Mrs. Yeager's 271 Answer and Cross-Complaint. This resolves Motion to Strike 278. (Kastilahn, A) Modified on 11/8/2017 (Kastilahn, A).
March 30, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 DECLARING Mrs. Yeager a vexatious litigant under the California statute, incorporated in Local Rule 151(b). In connection with this declaration, the court proposes pre-filing review restrictions designed to curb Mrs. Yeager's litigiousness in this court. These restrictions, set forth in the proposed order attached as Exhibit A, will be imposed in a formal order to follow, which may be modified after taking into account Mrs. Yeager's objections. Mrs. Yeager's objections, if any, must be filed within 14 days. (Attachments: # (1) Exhibit A). (York, M)
March 30, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 GRANTING 340 Motion for Attorney Fees but ADJUSTS the lodestar figure to find reasonable an attorney fee award of $18,765.00, plus $1,151.08 in related legal expenses, and $137.35 in costs. The total sum awarded is therefore $20,053.43 with payment due to the Bowlins by May 4, 2018. (York, M)