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16-1121 - Ross et al v. Balderas et al


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16-1121 - Ross et al v. Balderas et al
November 29, 2016
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ORDER by Circuit Judge Paul Kelly, Jr. denying 34353637383940 Motions for Default Judgment against defendants A. Arroyo, E. Montijo, Judah Ben Montano, Antonio Gutierrez, Anna Montoya, Robert Garcia, & William Pacheco. (rt)
December 2, 2016
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ORDER by Circuit Judge Paul Kelly, Jr. denying 41 Application for Temporary Restraining Order and Motion for Preliminary Injunction against defendant Robert Richards. (rt)
December 21, 2016
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ORDER on various pending motions by Circuit Judge Paul Kelly, Jr. terminating 30 Defendants' (Bustos & Gagne) Motion to Dismiss; terminating 47 Defendants' (Sena, Bevacqua-Young, Casados, & Portillo) Motion to Dismiss; terminating 54 Defendant LaMar's Motion to Dismiss; terminating 59 Defendant Audrey Montoya's Motion to Dismiss for Failure to State a Claim; terminating 65 Defendant Allstate Ins. Co.'s Motion to Dismiss for Failure to State a Claim; terminating 72 Defendant Pickard's Motion to Dismiss for Failure to State a Claim; terminating 78 Defendant Reynolds' Motion to Dismiss; denying 82 Order on Motion to Dismiss Party Defendant Richards; granting 94 City Defendants' (Montano, Arroyo, & Montijo) Motion for Protective Order Staying Discovery; granting 96 Defendants' (Garcia, Pacheco, Gutierrez, & Anna Montoya) Unopposed Motion to Stay Discovery Based Upon Qualified Immunity. (rt)
January 6, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. denying 70 Motion for Reconsideration of dismissal of Defendant Hector Balderas. (rt)
January 10, 2017
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PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Stephan M. Vidmar to DENY 80 Defendant Richards' Motion for Sanctions and to DENY 86 Defendant Richards' Corrected Motion for Sanctions. Objections to the PF&RD are due by January 24, 2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (am)
January 13, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. granting 88 Defendant Garcia's Motion for Summary Judgment. (rt)
January 31, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. granting 90 City Defendants' (Judah Ben Montano, A. Arroyo & E. Montijo) Motion to Dismiss for Failure to State a Claim. (rt)
February 15, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. granting 118 Defendant William Pacheco's Motion for Summary Judgment; denying Plaintiffs' Motions 130131 to voluntarily dismiss Defendant William Pacheco. (rt)
February 21, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. denying 143 Plaintiffs' Opposed Motion for Extension of Time to File Response to Defendants Anna Montoya and Antonio Gutierrez's Motion for Summary Judgment. (rt)
March 16, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. granting 142 Defendants' (A. Gutierrez & A. Montoya) Motion for Summary Judgment. (rt)
March 16, 2017
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ORDER by Circuit Judge Paul Kelly, Jr granting 153 Defendant's (Robert Richards) Motion for Summary Judgment. (rt)
March 20, 2017
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ORDER by Circuit Judge Paul Kelly, Jr.adopting 113 the Magistrate Judge's Report and Recommendations and overruling 125 Defendant's (Robert Richards) objections; denying 80 Defendant Richards's Motion and 86 Corrected Motion for Attorney Fees and Sanctions; denying 127 Defendant Richards's Motion for Sanctions Pursuant to the Court's Inherent Power; denying 105 Plaintiffs' Motion for Rule 11 Sanctions. (rt)
March 28, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. denying 149 Motion for Leave to File Second Amended Complaint. (rt)
April 18, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. denying 172 Plaintiffs' Amended Motion to File Second Amended Complaint. (rt)
April 18, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. dismissing Defendant Richards' state-law counterclaim 45 for harassment. (rt)
May 3, 2017
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ORDER FOR SUPPLEMENTAL BRIEFING by Magistrate Judge Stephan M. Vidmar. (am)
May 25, 2017
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ORDER by Circuit Judge Paul Kelly, Jr denying 196 Motion for Reconsideration; denying 210 Motion for Hearing. (rt)
May 25, 2017
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granting 204 ORDER on Motion to Withdraw Counseled Motion to Substitute Party. (rt)ORDER by Circuit Judge Paul Kelly, Jr. withdrawing 187 Counseled Motion to Substitute Party; deferring ruling on 200 Pro-Se Motion to Substitute Party pending Plaintiff Ross obtaining counsel to represent the Estate of Plaintiff Susan Gerard;
July 12, 2017
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PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Stephan M. Vidmar to GRANT 87 Defendant Balderas's Motion for Attorney Fees. Objections to PF&RD due by July 26, 2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. Fed. R. Civ. P. 6(d). (am)
July 12, 2017
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PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Stephan M. Vidmar to GRANT IN PART and DENY IN PART 126 Defendant Garcia's Motion for Attorney Fees. Objections to PF&RD due by July 26, 2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. Fed. R. Civ. P. 6(d). (am)
July 12, 2017
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PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Stephan M. Vidmar to GRANT 155 Defendant William Pachecho's Motion for Attorney Fees and to GRANT 177 Defendants Antonio Gutierrez and Anna Montoya's Motion for Attorney Fees. Objections to PF&RD due by July 26, 2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. Fed. R. Civ. P. 6(d). (am)
July 12, 2017
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PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Stephan M. Vidmar to GRANT 158 Defendants Montano, Arroyo, and Montijo's Motion for Attorney Fees. Objections to PF&RD due by July 26, 2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. Fed. R. Civ. P. 6(d). (am)
July 12, 2017
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PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Stephan M. Vidmar to DENY 175 Defendant Richards' Fourth Motion for Attorney Fees, to DENY 195 Defendant Richards' Amended Motion to Tax Costs; to DENY as moot 218 Plaintiffs' Motion for Leave to File a Surreply to 195 Defendant Richards' Amended Motion to Tax Costs; and to DENY 219 Plaintiffs' Motion for Rule 11 Sanctions against Defendant Richards. Objections to PF&RD due by July 26, 2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. Fed. R. Civ. P. 6(d). (am)
July 28, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. adopting the Magistrate Judge's Report and Recommendations re 237; overruling pro se 241 and counseled 246 objections by Plaintiff Ross; granting 158 motion for attorney's fees and supplement 202 (on behalf of City Defendants Judah Ben Montano, A. Arroyo, and E. Montijo). These Defendants are awarded attorney's fees in the total amount of $17,177.50, plus interest, with half to be paid by Plaintiffs and half by counsel, Mr. Kashanian, personally. (rt)
August 11, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. adopting [234, 235, 236] the proposed findings and recommended disposition of the magistrate judge regarding attorney's fees for Defendants Hector Balderas, Robert Garcia, William Pacheco, Antonio Gutierrez, and Anna Montoya and adopting in part 238 the proposed findings and recommended disposition of the magistrate judge regarding attorney's fees for Defendant Robert Richards; overruling objections 241 246 by or on behalf of Plaintiff Andrew Ross and 247248 those of his counsel; overruling in part 242 objections by Defendant Richards; granting 87205 Defendant Balderas's Motion for Attorney's Fees; granting in part and denying in part 126 Defendant Garcia's Motion for Attorney's Fees; granting 155 201 Defendant Pacheco's Motion for Attorney Fees; granting 177201 Defendant Gutierrez and Montoya's Motion for Attorney's Fees; denying 175 206 Defendant Richards's Motion for Attorney Fees; denying 193 195 Defendant Richards's Amended Motion to tax costs; denying 218 Plaintiff Ross's Motion for Leave to File Sur Reply as moot; denying 219 Plaintiff Ross's Motion for Sanctions. (rt)
August 11, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. granting 230 Motion to Withdraw as Attorney for decedent-Plaintiff Susan Gerard, Attorney Arash Kashanian terminated; granting 231 Motion to Withdraw as Attorney for Plaintiff Andrew Ross, Attorney Arash Kashanian terminated; denying 233 Plaintiff Ross's Motion for Reconsideration; denying 243 Plaintiff Ross's Motion for Referral to U.S. Attorney. (rt)
August 11, 2017
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JUDGMENT on Attorney Fees. Fees awarded to various Defendants against Plaintiffs and their counsel by Circuit Judge Paul Kelly, Jr. Ordered that Defendants Judah Ben Montano, A. Arroyo, E. Montijo, Hector Balderas, Jr., William Pacheco, Antonio Gutierrez, Anna Montoya, and Robert Garcia recover $46,625.55, plus interest pursuant to 28 U.S.C. ยง 1961, half from Plaintiffs Andrew Ross and Susan Gerard, and half from their counsel, Mr. Arash Kashanian, personally, in accordance with table contained in this Judgment. (rt)
October 2, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. granting in part and denying in part 253 Defendant Richards's Motion for Reconsideration of order denying attorney's fees. Defendant Richards awarded $5,415.63 plus interest, with half to be paid by Plaintiffs and half by their counsel, Arash Kashanian, personally. (Attachments: # (1) Attorney's Fees Schedule) (rt)
October 2, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. denying 261 Plaintiff Andrew Ross's Motion for Relief from final judgment on attorney's fees. (rt)
December 1, 2017
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ORDER by Circuit Judge Paul Kelly, Jr. denying 285 Plantiff Andrew Ross's Motion for Reconsideration of award of attorney's fees to Defendant Robert Richards. (rt)
December 5, 2017
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ORDER by Magistrate Judge Stephan M. Vidmar GRANTING IN PART AND DENYING IN PART 289 Plaintiff Andrew Ross's Motion for Protective Order. (sg)
January 4, 2018
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ORDER by Circuit Judge Paul Kelly, Jr. denying 297 Plaintiff Ross's Motion for Further Reconsideration of Attorney's Fees. (rt)
January 17, 2018
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ORDER by Magistrate Judge Stephan M. Vidmar DENYING 309 Plaintiff Andrew Ross's Third Motion for Protective Order (am)
January 17, 2018
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)ORDER by Magistrate Judge Stephan M. Vidmar GRANTING IN PART 308 Defendants Robert Garcia, William Pacheco, Antonio Gutierrez, and Anna Montoya's Motion for Order to Show Cause Why Plaintiff Andrew Ross Should not be held in Contempt. The deposition of Plaintiff Ross in aid of execution of judgment is set for February 14, 2018, at 9:00 a.m. The Court RESERVES RULING on County Defendants' request to order Plaintiff Ross to show cause why he should not be held in contempt. (am
January 24, 2018
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ORDER by Magistrate Judge Stephan M. Vidmar DENYING 319 Plaintiff Ross's Motion to Vacate and Reset Deposition. The deposition of Plaintiff Ross in aid of execution of judgment will be held on February 14, 2018, at 9:00 a.m. (am)