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13-2343 - (PS) United States of America v. Wanland


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13-2343 - (PS) United States of America v. Wanland
December 19, 2013
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RELATED CASE ORDER as to Donald M. Wanland, Jr. signed by Judge Lawrence K. Karlton on 12/18/2013 ORDERING that cases 2:09-cr-0008-LKK and 2:13-cv-2343-JAM-KJN are RELATED. The action denominated 2:13-CV-2343-JAM-KJN is reassigned to Judge Lawrence K. Karlton for all further proceedings. The caption on all documents filed in the reassigned case shall be shown as 2:13-CV-2343-LKK-KJN. (Zignago, K.)
January 9, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/8/2014 GRANTING 10 Ex Parte Applicaton for Extension of Time; ORDERING the defendant to file a responsive pleading to the 1 Complaint by 1/25/2014. (Michel, G)
February 11, 2014
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ORDER signed by Judge Lawrence K. Karlton on 2/10/2014 ORDERING that Defendant's 13 application for extension of time is GRANTED. Defendant's time to file a responsive pleading to the Complaint is EXTENDED to 2/24/2014. The 8 Order Setting Status (Pretrial Scheduling) Conference is hereby AMENDED to CONTINUE the conference from 3/3/2014 to 5/12/2014 at 2:00 p.m. Status reports are due fourteen (14) days preceding the new date of the conference. (Zignago, K.)
June 6, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/6/2014 RECOMMENDING that Defendant's 17 Motion to Dismiss or Motion to Stay be denied. Defendant be required to file an answer to the United States' complaint within 21 days of adoption of these findings and recommendations by the district judge, assuming that they are adopted. The court will issue further orders concerning case management and scheduling once the pleadings are settled. Motion referred to Judge Lawrence K. Karlton. Objections to F&R due within 14 days. (Zignago, K.)
August 6, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/6/2014 FINDINGS AND RECOMMENDATIONS 22 are ADOPTED; Defendant's 17 motion to dismiss or stay the action is DENIED; and Defendant shall file an answer to the United States' complaint within 21 days from the filing of this order. (Reader, L)
August 26, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/14: Within 60 days of this order, the parties shall meet and confer, and file a joint status report. (Kaminski, H)
August 6, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/06/15 ORDERING that the 35 Motion for leave to take the deposition of defendant Donald M. Wanland is GRANTED subject to such reasonable conditions as may be imposed by the Bureau of Prisons. (Benson, A)
September 4, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/4/2015 ORDERING that Defendant's 38 Motion to modify the scheduling order is DENIED. The United States and defendant are advised that the deadlines set in the court's 11/24/2014 scheduling order, as modified by the 7/7/2015 minute order, are confirmed and will be strictly enforced. (Zignago, K.)
September 23, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2015. Defendant's 42 Motion for Reconsideration is DENIED. No further Motions for Reconsideration with respect to Court's 9/4/2015 41 Order will be entertained. (Marciel, M)
September 24, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2015 ORDERING that Defendant's 44 motion for a protective order is GRANTED IN PART. Defendant shall be permitted to appear at the 9/29/2015 deposition by telephone. Counsel for the United States shall forthwith contact the Atwater prison to make arrangements for defendant's telephonic appearance. (Zignago, K.)
October 2, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/2/15 ORDERING that Because Defendant's objections are without merit, they are OVERRULED. Additionally, the court notes that the 9/30/15 Discovery completion deadline has now passed. 34 No further discovery motions will be entertained in this case. Defendant is strongly encouraged to instead focus his efforts on preparing the case for trial.(Mena-Sanchez, L)
October 28, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/2015 GRANTING 49 Motion to modify the pretrial scheduling order. All law and motion, except as to discovery-related matters, shall be completed by 12/18/2015. (Zignago, K.)
November 12, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/2015 GRANTING in part and DENYING in part defendant's 58 motion for an order dropping or striking the United States' motion to withdraw admissions, or in the alternative, to set a date for defendant's opposition to the motion on the merits. Defendant shall file an opposition to the United States' motion to withdraw admissions no later than 12/1/2015. Such an opposition shall address both (a) any alleged procedural deficiencies involving that motion and (b) the merits of the motion. The United States shall file any reply brief within seven days of the docketing of defendant's opposition on the CM/ECF system.. (Yin, K)
December 24, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/24/15 ORDERING that the United States' 53 Motion to Withdraw Admissions is GRANTED; Counsel for the United States, Gerald Role, shall personally pay a monetary fine of $500.00 within 28 days; defendant ONLY is granted an EXTENSION of the discovery period until 03/31/16 for the limited purpose of conducting any oral depositions he wishes to conduct in this matter consistent with the FRCP and the terms outlined in this order. Defendant's 51 Motion for Summary Judgment and the United States' 55 Motion for Summary Judgment are both DENIED without prejudice. Upon conclusion of the limited extended discovery period, the parties may file any motion for summary judgment or other dispositive relief by 05/05/16. Any opposition briefs are due 06/16/16 and any reply is due 07/14/16. Upon the filing of the reply briefs, the motion(s) shall be submitted for decision on the record and written briefing without oral argument, and no further briefing will be permitted, unless specifically requested by the court. The 03/03/16 final pretrial conference and the 04/04/16 trial dates are VACATED. The court will reschedule dates for the final pretrial conference and trial upon resolution of any dispositive motions. All other dates, deadlines, and provisions of the scheduling order remain unchanged. (Benson, A)
April 27, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/16 DENYING as untimely 72 Motion to Compel and DENYING as moot 73 Motion for Protective Order. (Jackson, T)
May 19, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/16 ORDERING no later than 6/3/16, defendant shall file with the court materials to demonstrate that he took all necessary steps to ensure timely filing with the Clerk of Court and acted diligently upon any discovery that the filing was not timely completed. Failure to make the requisite showing will result in denial of defendant's dispositive motion as untimely.(Becknal, R)
June 3, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/3/2016 ORDERING that Defendant's "motion for summary judgment, motion for judgment, and motion to dismiss complaint" 78 are DEEMED timely filed; the briefing deadlines outlined in the court's 12/24/2015 order remain unchanged and shall continue to apply; Defendant's request for oral argument concerning his motion is DENIED; If the court subsequently determines, upon submission of the motions, that oral argument is necessary, the parties will be notified. (Reader, L)
August 9, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/2016 DENYING 78 Motion for Summary Judgment and 78 Motion to Dismiss. No later than 9/15/2016, the parties, after exhausting the efforts to explore a potential settlement outlined, shall advise the court whether or not the matter has settled. If no settlement is reached, the court will resolve the United States' pending motion for summary judgment in due course. (Jackson, T)
December 5, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/2/16 RECOMMENDING that the United States' renewed motion for summary judgment (ECF No. 76) be GRANTED; Judgment be entered in favor of the United States and against the defendant in the amount of $1,065,493.30, plus any statutory interest accruing after 5/1/16, until paid in full; the Clerk of Court be directed to close this case. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
March 6, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/06/17 ORDERING that defendant's 95 Request for Extension is DENIED and his additional response is STRICKEN. (Benson, A)
August 29, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 8/28/2017 DENYING 99 Motion for Relief under Rules 59(e) and 60(b)(4) and GRANTING 99 Motion for Relief under Rule 60(b)(1). The Court VACATES the 97 Order Adopting Findings and Recommendations and the 76 Motion for Summary Judgment is REMANDED to the Magistrate Judge for reconsideration in light of defendant's declaration. CASE REOPENED. (Donati, J)
August 31, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/31/17: The United States shall file a response to defendant's declaration filed at 99 no later than September 14, 2017. (Kaminski, H)
September 26, 2017
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AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/25/17 Recommending that The United States' renewed Motion for Summary Judgment 76 be GRANTED. Judgment be entered in favor of the United States and againstmberly J. Mueller. Objections to these F&Rs due within fourteen (14) days. (Mena-Sanchez, L) the defendant in the amount of $1,065,493.30, plus any statutory interest accruing after 5/1/16, until paid in full. The Clerk of Court be directed to close this case. These Findings and Recommendations are submitted to U.S. District Judge Ki
September 26, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/17. The court finds it appropriate to RE-ISSUE its Findings and Recommendations originally filed on 12/5/16, 90, except that the portion of the original Findings and Recommendations from page 12, line 19 through page 13, line 6 is DELETED, and REPLACED. The amended Findings and Recommendations, consistent with the modification outlined above, are issued contemporaneously with this order. The court also DENIES defendant's request for further supplemental briefing 115. Because the court recommends a grant of summary judgment solely based on offensive collateral estoppel, which has been extensively briefed and argued by the parties, and not on any of the new evidence submitted by the United States, the court finds further supplemental briefing to be unnecessary. (Mena-Sanchez, L)