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15-002 - Levine et al v. Sleep Train, Inc. et al


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15-002 - Levine et al v. Sleep Train, Inc. et al
March 10, 2015
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ORDER signed by Senior Judge William B. Shubb on 3/10/2015 GRANTING 16 Defendants' Live Nation Entertainment, Inc., and The Sleep Train Inc. Request to appear by telephone at the hearing of Plaintiffs' Motion to Strike Affirmative Defenses set for 3/23/2015 at 2:00 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone call. (Kirksey Smith, K)
March 24, 2015
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ORDER signed by Senior Judge William B. Shubb on 3/24/2015 GRANTING-IN-PART and DENYING-IN-PART 11 Motion to Strike. The motion is GRANTED with respect to the following language, which is hereby STRICKEN from defendants' tenth affirmative defense: "bona fide" and "but a plaintiff who intentionally stages nuisance lawsuits to extort monetary settlements." The motion is DENIED with respect to the remaining affirmative defenses. Defendants have 90 days from the date of this order to complete necessary discovery to determine whether there is any basis for a good faith belief that their affirmative defenses have merit. Within 120 days, defendants shall file an amended answer. Within 14 days of the filing of the amended answer, plaintiff may file a renewed motion to strike any remaining affirmative defenses. (Donati, J)
April 15, 2015
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STIPULATION and ORDER 24 for continuance signed by Senior Judge William B. Shubb on 4/14/2015. Status Conference is RE-SET for 5/11/2015 at 2:00 PM in Courtroom 5 (WBS). A Joint Case Management Conference Statement shall be due 2 weeks prior to Conference on 4/27/2015. (Marciel, M)
August 13, 2015
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ORDER signed by Senior Judge William B. Shubb on 8/13/2015 GRANTING 37 Defendants' Request to appear by telephone at the hearing of Plaintiffs' Motion for Leave to File First Amended Complaint currently set for 8/24/2015 at 2:00 pm. The courtroom deputy shall email counsel with instructions on how to participate in the telephone call. (Kirksey Smith, K)
August 20, 2015
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ORDER signed by Senior Judge William B. Shubb on 8/20/2015 GRANTING 34 Plaintiffs' Motion to Amend the Complaint. Plaintiffs shall have twenty days from the date this Order is signed to file an amended complaint consistent with this Order. (Kirksey Smith, K)
October 14, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/14/15 RECOMMENDING that plaintiffs' 43 motion for default judgment be DENIED without prejudice. Matter referred to District Judge Willam B. Shubb. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. (Kastilahn, A)
November 16, 2015
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ORDER signed by Senior Judge William B. Shubb on 11/13/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/14/15 52 are ADOPTED in part; Plantiffs' MOTION for Default Judgment 43 is DENIED without prejudice. (Mena-Sanchez, L)
January 5, 2016
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ORDER signed by Senior Judge William B. Shubb on 1/5/2016 GRANTING 57 Defendants' request for leave to appear by telephone at the hearing of Plaintiffs' Motion for Leave to File Second Amended Complaint currently set for January 11, 2016 at 1:30 pm. The courtroom deputy shall email counsel with instructions on how to participate in the telephone call. (Kirksey Smith, K)
January 6, 2016
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ORDER signed by Senior Judge William B. Shubb on 1/6/16 GRANTING 60 Plaintiffs' Request for leave to appear telephonically at the hearing of Plaintiffs' Motion for Leave to File a Second Amended Complaint currently set for 1/11/16 at 1:30 p.m. (Mena-Sanchez, L)
January 13, 2016
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MEMORANDUM AND ORDER RE: MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT signed by Senior Judge William B. Shubb on 01/12/16 ORDERING that the 55 Motion to Amend the Complaint is GRANTED; plaintiffs have 3 days to file the proposed SAC. The Scheduling Order is MODIFIED as follows: Discovery completed by 3/15/2016; Designation of Expert Witnesses due by 4/15/2016; all motions, except motions for continuances, temporary restraining orders, or other emergency applications are to be filed by 6/15/2016. (Benson, A)
March 31, 2016
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ORDER signed by Magistrate Judge Allison Claire on 3/30/2016. Parties shall email a Confidential Joint Letter re: Settlement to [email protected] by 4/7/2016, explaining what outstanding items must be addressed before filing of dispositional documents. Parties are directed to appear telephonically at an informal Settlement Conference on 4/11/2016 at 9:00 AM. Parties should call the undersigned's Judicial Assistant, Donna Dal Porto at 916-930-4120, who will transfer them to chambers. Parties must connect with one another via conference call before calling into chambers. (Marciel, M)
May 23, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/23/16 RECOMMENDING that plaintiffs' 82 Motion for Default Judgment be granted as follows: both plaintiffs be awarded a default judgment against Coastal Breeze on plaintiffs' Fifth Cause of Action, and defendant Coastal Breeze should be enjoined from interfering with plaintiffs' right to use the overflow parking lot; plaintiff Levine should be awarded a default judgment against Coastal Breeze on his Second Cause of Action, and awarded $4,000 in statutory damages; plaintiff Guzman should be awarded a default judgment against Coastal Breeze on her First Cause of Action and awarded $1,000 in statutory damages; referred to Judge William B. Shubb; Objections to these F&Rs due within 21 days. (Benson, A)
June 22, 2016
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on his Second Cause of Action; ORDERING Costal Breeze Limousine, LLC to pay Plaintiff Robert Levine $4,000.00 in statutory damages; AWARDING Plaintiff Veronica Guzman default judgment against Defendant Costal Breeze Limousine, LLC on her First Cause of Action; ORDERING Defendant Costal Breeze Limousine, LLC to pay Plaintiff Veronica Guzman $1,000.00 in statutory damages. (Michel, G.)ORDER signed by Senior Judge William B. Shubb on 6/21/2016 ADOPTING IN FULL 87 Findings and Recommendations; AWARDING Plaintiffs Robert Levine, Veronica Guzman default judgment against Defendant Costal Breeze Limousine, LLC on the plaintiffs' Fifth Cause of Action; ENJOINING Defendant Costal Breeze Limousine, LLC from interfering with the plaintiffs' right to use the overflow parking lot; AWARDING Plaintiff Robert Levine default judgment against Defendant Costal Breeze Limousine, LLC
June 22, 2016
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RING Defendant Costal Breeze Limousine, LLC to pay Plaintiff Robert Levine $4,000.00 in statutory damages. (Michel, G.)DEFAULT JUDGMENT against Costal Breeze Limousine, LLC signed by Senior Judge William B. Shubb on 6/21/2016 AWARDING Plaintiff Robert Levine default judgment against Defendant Costal Breeze Limousine, LLC on his Second and Fifth Causes of Action; ORDE
June 22, 2016
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DEFAULT JUDGMENT against Costal Breeze Limousine, LLC signed by Senior Judge William B. Shubb on 6/21/2016 AWARDING Plaintiff Veronica Guzman default judgment against Defendant Costal Breeze Limousine, LLC on her First and Fifth Causes of Action; ORDERING Defendant Costal Breeze Limousine, LLC to pay Plaintiff Veronica Guzman $1,000.00 in statutory damages. (Michel, G.)
July 7, 2016
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/6/2016 DISMISSING WITH PREJUDICE pursuant to FRCP 41(a)(1) as to the Defendants Sleep Train, Inc., Live Nation Entertainment, Inc., and BGE Yuba, LLC ONLY. Plaintiffs request that the Court not dismiss this action as to Defendant Coastal Breeze Limousine, LLC. The disputes between Plaintiff and Defendant Coastal Breeze Limousine, LLC, have not been completely resolved. (Jackson, T)
August 3, 2016
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ORDER signed by Senior Judge William B. Shubb on 8/3/2016 granting plaintiffs' counsel's 100 Request to appear by telephone at the hearing on Plaintiffs' Motion for Reasonable Attorneys' Fees set for 8/22/2016 at 1:30 pm. The courtroom deputy shall email counsel with instructions on how to participate in the telephone call. (Kirksey Smith, K)
August 16, 2016
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ORDER signed by Senior Judge William B. Shubb on 08/16/16 ORDERING that plaintiff's 96 Motion for Attorney Fees is GRANTED in part; Coastal Breeze is directed to pay plaintiffs $7,926 in attorney's fees and $267.66 in costs. (Benson, A)
October 19, 2016
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JUDGMENT FOR ATTORNEY FEES as to Defendant Coastal Breeze Limousine, LLc dated *10/19/16* pursuant to order signed by Senior Judge William B. Shubb on 10/18/16. (Mena-Sanchez, L)