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09-522 - (PS) Winters, et al v. Jordan, et al


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09-522 - (PS) Winters, et al v. Jordan, et al
April 17, 2009
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ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/16/2009 ORDERING 4 MOTION emergency ex parte telephonic hearing is DENIED. IT IS HEREBY RECOMMENDED that 5 MOTION for PRELIMINARY INJUNCTION be denied; Pltfs' "Motion for Emergency Injunctive Relief," Dckt. No. 5, be DENIED; Nevada County Superior Court Case No. M09-0139 a, and b (Dckt. No. 6), and Nos.74512, 74513, and 74515 (Dckt. No. 8) be REMANDED to the Nevada County Superior Court pursuant to 28 U.S.C. § 1446(c)(4). Objections to F&R due w/in 10 days. (Matson, R)
August 21, 2009
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ORDER granting 41 and 47 Motions to Proceed IFP, signed by Magistrate Judge Edmund F. Brennan on 8/19/09. The Clerk is directed to serve a copy of this order on the USCA for the Ninth Circuit. (Kastilahn, A)
August 24, 2009
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/21/09 ORDERING that Plaintiffs Second Amended Complaint is dismissed with leave to file a Third Amended Complaint that is in strict conformance with the requirements set forth herein. Plaintiffs shall file their Third Amended Complaint within 30 days after the filing date of this order. Plaintiffs shall complete service of process of their Third Amended Complaint, as set forth in Fed. R. Civ. P. 4, and described herein, within 60 days after it is filed. Failure of plaintiffs to timely file a Third Amended Complaint, or failure of the Third Amended Complaint to strictly comply with the requirements set forth herein, shall result in a recommendation that this action be dismissed with prejudice. Defendants' 33 34 42 motions to dismiss and to strike the Second Amended Complaint, are DENIED as moot. Plaintiffs' 52 "Information Notice of Refusal to Consent to Magistrate's Hearing of Motions and to Vacate Hearing,", construed as a motion to have all pretrial matters heard by the district judge, is DENIED. Plaintiffs' 7 request for reimbursement of their filing fee in Civ. No. 09- 0534 FCD DAD PS is DENIED. IT IS HEREBY RECOMMENDED that Plaintiffs' 17 motion to stay this action, be denied. Objections due within ten days after being served with these findings and recommendations.(Duong, D) Modified on 10/20/2009 (Becknal, R).
September 24, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/24/09 ORDERING that 65 pltfs' motion to appoint a guardian ad litem is DENIED. All references to the minor pltfs are STRICKEN from pltfs' third amended complaint. Pltfs are directed to serve a copy of this order on each of the dfts along with the third amended complaint. The Status Conference is CONT'D from 9/30/09 to 12/16/2009 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. On or before 12/2/09, the parties shall file a joint status reports. Pltfs' 58 motion for return of fees is DENIED. Pltfs are ordered to SHOW CAUSE why this court should not reconsider its decision to grant pltfs' IFP status by filing a further affidavit on or before 10/7/09. (Kastilahn, A)
October 16, 2009
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ORDER signed by Judge John A. Mendez on 10/16/09 ORDERING that the proposed Findings and Recommendations filed 8/24/09, are ADOPTED; Plaintiffs' motion to stay this action, 17, is DENIED; and Plaintiffs' motions for default judgment on their Second Amended Complaint, and related motion to amend, 57, 60, and 64, are DENIED. (Becknal, R) Modified on 10/19/2009 (Becknal, R).
November 13, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/13/09: Plaintiffs' October 8, 2009 objection to the September 24, 2009 order, is construed as a request for reconsideration of that order and is denied 71. Plaintiffs' October 8, 2009 affidavit is construed as a response to the September 24, 2009 order to show cause and that order to show cause, is discharged 68. The Clerk of the Court is directed to issue forthwith all process for those defendants named in plaintiffs' third amended complaint. The Clerk of Court shall send plaintiffs the aforementioned summons, along with 52 USM-285 forms, a copy of the complaint, this court's February 24, 2009 scheduling order, this court's September 24, 2009 order, this order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes and the court's voluntary dispute resolution program. The Clerk of Court shall serve a copy of this order on the USM. Status Conference RESET for 3/17/2010 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. HEARING as to 72 MOTION to STRIKE, 84 MOTION to DISMISS, 85 AMENDED MOTION to DISMISS, 69 MOTION to STRIKE, 79 MOTION to DISMISS RESET for 1/20/2010 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Kaminski, H)
January 15, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/15/2010 ORDERING Plaintiffs' motion to vacate the January 20, 2010 hearing, Dckt. No. 101, is granted; The January 20, 2010 hearings on the pending motions to strike, dismiss, and/or for more definite statement are vacated; and Plaintiffs' motion to remove attorney David Silber, Dckt. No. 100, is denied without prejudice for failure to comply with Local Rule 230.(Matson, R)
June 16, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/15/2010 ORDERING that defendant Valerie Logsdon's 77 answer to plaintiffs' Third Amended Complaint is stricken without prejudice to refiling. If necessary, Logsdon may file an answer to the Third Amended Complaint within 14 days after the court has fully resolved her special 72 motion to strike and motion to dismiss. The court will resolve Logsdon's special motion to strike and motion to dismiss through a separate order and/or proposed findings and recommendations.(Duong, D)
July 20, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/19/2010 GRANTING defendant Judy Ford's 69 Request for Judicial Notice; and RECOMMENDING that all claims alleged against Ms. Ford be dismissed with prejudice. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
July 20, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/19/10 RECOMMENDING that the Judicial Defendants' motion to dismiss 107 be granted and that plaintiffs' claims against defendants Thomas A. Anderson, Candace Heidelberger, Delores Spindler, Hilary Berardi (formerly known as Hilary Burget), Connie Beckett, Audrey Golden, Kiira Jefferson, Teresa Long, and Sean Metroka be dismissed with prejudice. Referred to Judge John A. Mendez; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
July 22, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/19/2010 ORDERING that dft Valerie Logsdon's requests for judicial notice are GRANTED. IT IS HEREBY RECOMMENDED that all claims alleged againstdft Valerie Logsdon, except for the ninth claim for relief for civil battery as alleged by pltf Christy Winters only, be dismissed with prejudice. The battery claim may proceed against Logsdon, but only with respect to pltf Christy Winters. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
July 22, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/19/2010 recommending that Defendant Michael Armstrong's motion to dismiss the Third Amended Complaint (Dkt. No. 82, 85) be granted; and all of plaintiffs' claims alleged against Michael Armstrong be dismissed with prejudice. Objections to F&R due w/in 14 days. (Matson, R)
July 27, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/26/10 Recommending that Defendant Virginia Armstrong's MOTION to Dismiss the Third Amended Complaint 84 be granted in part. The civil battery claim alleged on Joy Winters' behalf be dismissed with prejudice. All of the remaining claims alleged against Virginia Armstrong, except for Plaintiff Christy Winters' civil battery claim (claim 9) and Plaintiffs' breach of contract claim (claim 22) be dismissed with prejudice. These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copyon all parties. (Mena-Sanchez, L)
August 2, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/29/10 RECOMMENDING that the 79 motion to dismiss be granted and that all claims alleged against dfts Burrows Security Forces and Ryan Arbuckle be dismissed with prejudice. Motion referred to Judge John A. Mendez. Objections due within 14 days. (Manzer, C)
August 4, 2010
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[DISCHARGED per order of 8/26/10]ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 8/4/10 ORDERING that the hrg on dft Dewey Harpainter's motion to dismiss is reset to 9/9/10; Plaintiffs shall show cause, in writing, by 8/12/10, why sanctions, including dismissal of their claims against Harpainter, should not be imposed for failure to timely file an opposition or statement of non-opposition to the pending motion; Plaintiffs shall file a written opposition or statement of non-opposition to the pending motion to dismiss by 8/19/10. Failure to file a written opposition shall be deemed a statement of non-opposition, and shall constitute additional grounds for the imposition of appropriate sanctions, including dismissal; Defendant Harpainter may file a reply to plaintiffs' opposition, if needed, on or before 9/2/10. (Becknal, R) Modified on 8/26/2010 (Kaminski, H).
August 26, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/10: The OSC entered August 4, 2010 is discharged 149. Plaintiffs' improperly brought motions for miscellaneous relief as to defendant Harpainter are denied 119. (Kaminski, H)
September 14, 2010
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ORDER signed by Judge John A. Mendez on 9/13/10 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/20/10 143 are ADOPTED in full; All claims alleged against defendant Judy Ford are DISMISSED with prejudice. (Mena-Sanchez, L)
September 14, 2010
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ORDER signed by Judge John A. Mendez on 9/13/10 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/20/10 144 are ADOPTED in full; The judicial defendant's MOTION to DISMISS 107 is GRANTED and Plaintiffs' claims against defendants Thomas M. Anderson, Candace Heidelberger, Delores Spindler, Hilary Burget, Connie Beckett, Audrey Golden, Kiera Jefferson, Teresa Long, Sean Metroka are DISMISSED with prejudice. (Mena-Sanchez, L)
September 14, 2010
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ORDER signed by Judge John A. Mendez on 9/13/10 ORDERING that the FINDINGS AND RECOMMENDATIONS filed on 7/22/10 145 are ADOPTED; All claims against defendant Valerie Logsdon, except for the ninth claim for relief for civil battery as alleged by Plaintiff Christy Winters only, are DISMISSED with prejudice. (Mena-Sanchez, L)
September 14, 2010
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ORDER signed by Judge John A. Mendez on 9/13/10 ORDERING that the proposed FINDINGS AND RECOMMENDATIONS filed 7/22/10 146 are ADOPTED; Defendant Michael Armstrong's MOTION to DISMISS the Third Amended Complaint 85 is GRANTED. All Plaintiffs' claims alleged against Michael Armstrong are DISMISSED with prejudice. (Mena-Sanchez, L)
September 14, 2010
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ORDER signed by Judge John A. Mendez on 9/13/10 ORDERING that the Proposed FINDINGS AND RECOMMENDATIONS filed 7/27/10 147 are ADOPTED; Defendant Virginia Armstrong's MOTION to DIMSISS the Third Amended Complaint 84 is GRANTED in part; The Civil battery claim alleged on Joy Winters' behalf is DISMISSED without prejudice; All the remaining claims alleged against Virginia Armstrong, except for Plaintiff Christy Winters' civil battery claim (claim 9 and Plaintiffs' breach of contract claim (claim 22) are DISMISSED with prejudice. (Mena-Sanchez, L)
September 14, 2010
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ORDER signed by Judge John A. Mendez on 9/13/10 ORDERING that the Proposed FINDINGS AND RECOMMENDATIONS filed 8/02/10 148 are ADOPTED; Defendants Burrows' Security Forces' and Ryan Arbuckle's MOTION to DISMISS the Third Amended Complaint 79 is GRANTED. All of Plaintiffs' claims alleged against Defendants Burrows Security Forces and Ryan Arbuckle are DISMISSED with prejudice. (Mena-Sanchez, L)
October 18, 2010
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ORDER granting 184 Motion for Extension of Time to File Answer, signed by Magistrate Judge Kendall J. Newman on 10/15/10. The time for dft Taylor to file his responsive pleading to the [Third] Amended Complaint is hereby extended to and until 11/15/10.(Kastilahn, A)
October 21, 2010
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JUDGMENT dated *10/20/2010* in favor of Judy Ford against each and all plaintiffs pursuant to order signed by Judge John A. Mendez on 10/20/2010. (Matson, R)
October 26, 2010
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JUDGMENT For Defendants Burrows Security Forces and Rayn Arbuckle signed by Judge John A. Mendez on 10/26/10. (Mena-Sanchez, L)
November 8, 2010
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JUDGMENT dated *11/8/10* for Defendants Burrows Security Forces and Ryan Arbuckle signed by Judge John A. Mendez on 11/5/10. (Becknal, R)
December 16, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/16/2010 recommending that minor plts Joy Winters, Clark Winters and Jill Winters be dismissed from this case without prejudice. Objections due within 14 days after being served with these findings and recommendations.(Duong, D)
December 17, 2010
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to the motions listed above, plaintiffs shall also state whether they will attend the February 3, 2011 hearing on the motions, unless the undersignedtakes the motions under submission without a hearing.(Matson, R)ORDER signed by Magistrate Judge Kendall J. Newman on 12/16/2010 GRANTING 208 AND 209 Motion to Continue; The hearing on plaintiffs' motion for default judgment (Dkt. No. 189) is continued from December 30, 2010, to February 3, 2011; The hearing on plaintiffs' motion to file electronically (Dkt. No. 203) is continued from December 30, 2010, to February 3, 2011; The hearing on the motion to dismiss plaintiffs' Third Amended Complaint filed by the Federal Defendants (Dkt. No. 186) is continued from December 30, 2010,to February 3, 2011; The hearing on defendant John Taylor's motion to dismiss plaintiffs' Third Amended Complaint (Dkt. No. 199, 200) is continued from December 30, 2010, to February 3, 2011. At least 28 days prior to the continued hearing date, defendant John Taylor shall file aproof of service evidencing proper service of his motion on plaintiffs, who are proceeding pro se. The hearing on defendant Valerie Logsdon's motion for attorney's fees (Dkt. No. 202) is continued from December 30, 2010, to February 3, 2011. The hearing on defendant Judy Ford's motion for attorney's fees (Dkt. No. 204) is continued from December 30, 2010, to February 3, 2011. In their oppositions
January 24, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/24/2011 ORDERING that the hearing on Pltfs' 203 motion to file electronically will remain on calendar for 2/3/2011. The hearing date re 189 motion for default judgment, 186 motion to dismiss, 199 motion to dismiss, 202 motion for attorney's fees and 204 motion for attorney's fees is CONTINUED to 2/17/2011. Pltfs shall show cause, by 2/3/2011, why sanctions should not be imposed for failure to prosecute and failure to file timely written oppositions. Pltfs shall also file separate oppositions to each motion to dismiss and each motion for attorneys fees by 2/3/2011. The Federal Dfts shall show cause, by 2/3/2011, why sanctions should not be imposed for their failure file a written opposition to Pltfs' motion for default judgment. The Federal Dfts shall also file a written opposition to Pltf's motion for default judgment by 2/3/2011. (Zignago, K.)
February 1, 2011
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ORDER signed by Judge John A. Mendez on 1/31/11 on 1/31/11 ORDERING the findings and recommendations 211 are ADOPTED; and the minor pltfs Joy Winters, Clark Winters and Jill Winters are DISMISSED from this case without prejudice. (Carlos, K)
February 3, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/2/2011 ORDERING that plaintiff's 203 Motion to File Electronically is DENIED. (Duong, D)
February 11, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/11 ORDERING pltf Jeremiah Winters's Notice of Withdrawal as Plaintiff 207 effectuates a voluntary dismissal of his claims as to all dfts except dfts Judy Ford, Valerie Logsdon, Ryan Arbuckle, and Burrows Security Force; Within 30 days of the date of this order, dfts Ford, Logsdon, Arbuckle, and Burrows Security Force shall each file either: (1) a statement of non-opposition and joinder in Jeremiah Winters's Notice of Withdrawal as Plaintiff from this action, or (2) an opposition to Jeremiah Winterss Notice of Withdrawal as Plaintiff, which may alternatively request that the court consider imposing appropriate conditions on the withdrawal sought by plaintiff Jeremiah Winters. (Carlos, K)
February 11, 2011
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MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 2/11/2011 ORDERING that Plaintiffs' notice of rescheduling the February 17, 2011 hearing on their motion for default judgment 232 is DISREGARDED because: (1) the motion is fully briefed, (2) plaintiffs have provided no basis for rescheduling the hearing, and (3) several other motions in this case are on for hearing on February 17, 2011, and plaintiffs have requested that those matters be submitted on the briefs. Plaintiffs' motion for default judgment will be heard on February 17, 2011, unless the court submits that motion on the briefs in advance of the hearing. (Caspar, M)
February 15, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/2011 GRANITNG 248 Request for Telephonic Appearance. (Zignago, K.)
February 18, 2011
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ef declaration attesting that he timely served the documents identified above on plaintiff. (Benson, A.) Modified on 2/18/2011 (Benson, A.).ORDER signed by Magistrate Judge Kendall J. Newman on 02/18/11 ORDERING that the 253, 254 Ex Parte Applications for leave to file responsive motions is GRANTED; the (253) 257, (254) 258 Motions to Dismiss are deemed filed 02/17/11 and shall be heard 03/31/11 at 10:00 a.m. before Magistrate Judge Kendall J. Newman. Mr. Silber shall serve plfs with the ex parte applications, this order, and the moving papers in support of the two responsive motions w/i 7 days and shall then file a bri
March 10, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/8/11 RECOMMENDING that Defendant Dewey Harpainter's motion to dismiss the Third Amended Complaint 131 be granted in part and denied in part; and All of plaintiffs' claims alleged against Defendant Dewey Harpainter, except the claim of trespass on land asserted by plaintiffs Cacey and Jennifer Winters, be dismissed with prejudice. Referred to Judge John A. Mendez; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
March 14, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/11/11 RECOMMENDING that 116 Motion to Dismiss be granted in part as to the following named defendants: Adult Protective Services, Kelly Carpenter, Tamaran Cook, and Jeffrey S. Brown; All of plaintiffs claims alleged against defendants Adult Protective Services, Kelly Carpenter, and Tamaran Cook except plaintiff Susan Winterss equal protection claim (claim 7)be dismissed with prejudice; All of plaintiffs claims alleged against defendant Jeffrey S. Brown be dismissed with prejudice, and that defendant Jeffrey S. Brown be dismissed from this action. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
April 15, 2011
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the judgments already entered in favor of dfs Judy Ford, Ryan Arbuckle, and Burrows Security Force. Pltf Jeremiah Winters's remain jointly and severally liable for any award of attorneys' fees and costs that the undersigned awards to dfts FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/14/2011 RECOMMENDING that Pltf Jeremiah Winters's be permitted to withdraw as a Pltf in this action, subject to conditions. Pltf Jeremiah Winters's be subject toFord and Logsdon pursuant to California's anti-SLAPP statute as a result of Ford's and Logsdon's successful anti-SLAPP motions. Any remaining claims asserted by Pltf Jeremiah Winters be dismissed with prejudice. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
April 21, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/20/11 ORDERING Defendant Judy Ford's motion for attorneys' fees and costs (Dkt. No. 204) is denied without prejudice. Ford may file and serve supplemental materials substantiating a revised award of attorneys' fees and costs sought. Plaintiffs' may file objections to any supplemental filing, and shall do so within seven days of being served with the supplemental filing. Plaintiff's objections shall not exceed ten pages; Defendant Valerie Logsdon's motion for attorney's fees and costs (Dkt. No. 202) is granted; Defendant Valerie Logsdon is awarded a total of $12,925.00 in attorney's fees and $368.70 in costs, to be paid jointly and severally by the following plaintiffs: Brent Allan Winters, Cacey Winters, Christy Winters, Jennifer Winters, Jeremiah Winters, and Susan Winters. (Matson, R)
May 10, 2011
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ORDER signed by Judge John A. Mendez on 5/9/11 ORDERING the Proposed Findings and Recommendations filed March 10, 2011, are ADOPTED; Defendant Dewey Harpainter's motion to dismiss the Third Amended Complaint (Dkt. No. 131), is granted in part and denied in part; and All of plaintiffs' claims alleged against defendant Dewey Harpainter, except the claim of trespass on land asserted by plaintiffs Cacey and Jennifer Winters, are dismissed with prejudice.(Matson, R)
May 10, 2011
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ORDER adopting 268 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 5/10/11. Dfts' 116 Motion to Dismiss is GRANTED IN PART; all claims against dfts Adult Protective Services, Kelly Carpenter and Tamaran Cook - except pltf Susan Winters equal protection claim (claim 7) - are DISMISSED with prejudice. All claims against Jeffrey S. Brown are DISMISSED with prejudice and Jeffrey S. Brown is DISMISSED from this action. (Manzer, C)
June 20, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/17/11 RECOMMENDING that the 189 Motion for Default Judgment be denied, 199 MOTION to DISMISS be granted, and the 186 Motion to Dismiss be granted. Motions referred to Judge John A. Mendez. Objections due within 14 days. (Michel, G)
June 21, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/11, ORDERING that 232 plaintiffs' Motion to Join Defendants Benjamin Wagner and J. Earlene Gordon is DENIED. (Kastilahn, A)
July 1, 2011
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ORDER signed by Judge John A. Mendez on 6/30/11 ORDERING that the PROPOSED FINDINGS AND RECOMMENDATIONS filed 4/15/11 281 are ADOPTED in part. Plaintiff Jeremiah Winters is DISMISSED from this action, subject to the conditions stated below: Plaintiff Jeremiah Winters is subject to the judgments already entered in favor of defendants Judy Ford, Ryan Arbuckle, and Burrows Security Force. Plaintiff Jeremiah Winters shall remain jointly and severally liable for an award of attorney's fees and costs awarded to defendants Ford and Logsdon pursuant to California's anti-SLAPP statute, Cal. Civ. Proc. Code § 425.16, as a result of Ford's and Logsdon's successful anti- SLAPP motions. To date, the magistrate judge granted Logsdon's motion for Attorney's fees and awarded Logsdon $12,925.00 in attorney's fees, Order 284. Any remaining claims asserted by plaintiff Jeremiah Winters that have not already been dismissed with prejudice are dismissed without prejudice.(Mena-Sanchez, L)
July 7, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/11 ORDERING that to the extent 294 Objections to Findings and Recommendations is an application for reconsideration of 284 Order, that application for reconsideration is DENIED. (Meuleman, A)
September 20, 2011
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ORDER signed by Judge John A. Mendez on 9/19/2011 FINDINGS AND RECOMMENDATIONS 292 are ADOPTED; pltfs' #189 motion for default judgment is DENIED; dft John Taylor's motion to dismiss #199 is GRANTED on the ground that this Court lacks personal jurisdiction over him, and Taylor is DISMISSED from this action; dfts 186 motion to dismiss is GRANTED on the ground that this court lacks personal jurisdiction over them, and these dfts are DISMISSED from this action. (Reader, L)
November 10, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/9/2011 DENYING 233 Plaintiffs' Motion to Remove defendant&attorney for co-defendants David Silber for conflict of interest and Motion to Strike #82-85. (Reader, L)
November 10, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/9/2011 RECOMMENDING that the County defendants' #116 motion to dismiss be granted in part and denied in part; and the County defendants motion for a more definite statement be denied; Referred to Judge John A. Mendez; Objections due within 14 days after being served with these F&R's. (Reader, L)
February 2, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/1/12 Recommending that Defendant Delores Jordan's MOTION TO DISMISS 257 be granted in part and denied in part. Defendant David Silber's Motion to Dismiss 258 be granted. Plaintiff's MOTION for Default Judment 189 be denied as to defendant Delores Jordan. These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
February 3, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/12; A Status (Pretrial Scheduling) Conference shall be held on March 15, 2012, at 10:00 a.m., in Courtroom No. 25. All parties or their respective counsel shall appear either in person or by telephone. If any party wishes to appear by telephone, he or she shall contact the undersigned's Courtroom Deputy, at (916) 930-4187, at least seven days prior to the scheduling conference to discuss the manner in which appearances by telephone proceed. The parties shall file a status report, or a joint status report if possible, on or before March 1, 2012. The status report or reports shall address the topics identified in paragraph 5 of the court's Scheduling Order (Dkt. No. 3), Local Rule 240(a), and Federal Rule of Civil Procedure 16(c)(2). To the extent that any appearing defendants against whom claims remain have not filed answers to the Third Amended Complaint, they shall do so no later than February 17, 2012. The defendants who are the subject of the pending findings and recommendations (Dkt. Nos. 306, 311), and defendants Adult Protective Services, Kelly Carpenter, and Tamaran Cook, shall file answers to the Third Amended Complaint within 14 days of the resolution of those pending findings and recommendations. (Matson, R)
February 13, 2012
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ORDER adopting 306 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 2/10/12: 116 Motion to Dismiss is granted in part and denied in part. The County Defendants' motion for a more definite statement is denied. (Kaminski, H)
March 8, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/7/12; The request of plaintiffs Brent, Susan, Christy, Cacey, and Jennifer Winters to appear by telephone at the March 15, 2012 status conference is granted. Plaintiffs shall promptly contact the undersigned's Courtroom Deputy, at (916) 930-4187, and provide a land-line telephone number at which all plaintiffs may be reached at the time of the conference by telephone. The failure of any plaintiff to appear at the conference may result in the imposition of monetary or non-monetary sanctions on that plaintiff.(Matson, R)
March 9, 2012
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ORDER adopting 311 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 3/9/12. Defendant Delores Jordans motion to dismiss 257) is GRANTED in part and DENIED in part. Defendant David Silber's motion to dismiss 258 is GRANTED. All of plaintiffs' claims alleged against Silber are dismissed with prejudice, and Silber is dismissed from this action. Plaintiffs' motion for default judgment 189 is DENIED as to defendant Delores Jordan. (Kastilahn, A) (Kastilahn, A)
March 16, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/15/2012 ORDERING Attorney David S. Silber to SHOW CAUSE by 3/26/2012 as to why monetary sanctions in an amount of at least $500 should not be imposed on him for his various failures to comply with the courts order and Local Rules. (Michel, G)
March 16, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/15/2012 GRANTING Plaintiffs 30 day from 3/15/2012 to effectuate service of process on Defendant Cheryl Wade. By the close of the above-described 30-day period, plaintiffs shall file a declaration under penalty of perjury that explains their efforts to serve Wade. (Michel, G)
March 27, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/26/12 ORDERING that attorney David S. Silber is SANCTIONED in amount of $250, payable to the Clerk of this court within 30 days of the date of this order. (Benson, A.)
April 11, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/10/12 DENYING 128 Request for Reimbursement of Fees. Within 45 days of the date of service of this order, defendants Dewey Harpainter, Sue Roderick, Donald R. Staggs, Kathy Hammen McBride, Jan Paul Mill, er Steven Tinsley, and John Taylor shall either (1) show good cause why he or she failed to waive service, or (2) pay to the United States Marshals Service the costs of personal service reflected on the USM-285 form associated with the service of that defendant. If any of these defendants chooses to pay the costs rather than show good cause, he or she shall promptly notify the court of such payment. (cc: USM). (Meuleman, A)
July 10, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/9/2012 ORDERING 204 Defendant Judy Ford's motion for anti-SLAPP-related attorneys' fees and costs is GRANTED; defendant Judy Ford is awarded a total of $11,008.12 in attorneys' fees, to be paid jointly and severally by the following plaintiffs: Brent Allan Winters, Cacey Winters, Christy Winters, Jennifer Winters, Jeremiah Winters, and Susan Winters. (Reader, L)
July 10, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/9/2012 ORDERING 124, 125 The Marshal's request for reimbursement of service-related fees as to defendant Dewey Harpainter is GRANTED; within 45 days of the date of this order, Harpainter shall pay to the United States Marshals Service the amount of $153.00; Harpainter shall file a very brief notice of payment with the court within 14 days of such payment; the Clerk of Court shall serve a copy of this order on the United States Marshals Service. (cc: USM)(Reader, L)
September 21, 2012
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t to submit a late-filed motion for reconsideration, is GRANTED. Plaintiffs' 347 "objections", construed as a motion for reconsideration, are DENIED. (Kastilahn, A)ORDER signed by Magistrate Judge Kendall J. Newman on 9/21/12 ORDERING that 346 plaintiffs' motion for leave to file objections to the magistrate's findings andrecommendations re: attorney fees for defendant Ford, construed as a reques
August 9, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/13 ORDERING that Plaintiffs shall meet and confer in good faith with defendant Nevada County with respect to defendant's motions to compel. If the parties are unable to resolve their dispute informally, the parties shall file a joint statement regarding their discovery disagreement no later than 9/6/2013. The court will not consider any additional legal argument or briefing. (Kastilahn, A)
September 6, 2013
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iscovery dispute and why additional sanctions, including payment of Nevada Countys attorneys fees related to the motions to compel, should not be imposed. No telephonic appearances will be permitted. Failure to timely pay the monetary sanctions ORDER signed by Magistrate Judge Kendall J. Newman on 9/6/13 ORDERING that Within seven (7) days of this order, each plaintiff shall individually pay $100 in monetary sanctions based on their failure to substantially comply with the Court's 8/9/13 order and Local Rule 251. All plaintiffs shall personally appear at the 9/19/13 hearing on Nevada County's motions to compel, which will take place at 10:00 a.m. in Courtroom No. 25. Plaintiffs shall be prepared to discuss the dimposed by this order and/or failure to appear in person at the 9/19/13 hearing by any Plaintiff(s) will result in a recommendation that all claims of that Plaintiff (s) in this action be dismissed with prejudice pursuant to FRCP 41(b).(Mena-Sanchez, L)
September 13, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/13/13 ORDERING that for purposes of clarity, all provisions of the court's 9/6/13 order remain in full effect; Failure to timely pay the monetary sanctions imposed by the 9/6/13 order and/or failure to appear in person at the 9/19/13 hearing by any plaintiff(s) will result in a recommendation that all claims of that plaintiff (s) in this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R)
September 23, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2013 OVERRULING 383 Objections; DENYING 383 Renewed Request for Electronic Filing; SETTING a Hearing on Nevada County's Motions to Compel as well as a Discovery Hearing for 10/24/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; ORDERING all plaintiffs and all remaining defendants (or counsel for those defendants) to personally appear at said hearing. (Michel, G)
October 9, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/9/13 ORDERING that Plaintiffs' objections (ECF No.386) are OVERRULED; All provisions of the court's 9/23/13 order (ECF No. 385) remain in full effect; The Thursday 10/24/13 hearing and discovery conference, set to take place at 10:00 a.m. in Courtroom No. 25 before the undersigned is CONFIRMED. All plaintiffs and all remaining defendants (or counsel for those defendants) shall personally appear at the hearing and conference, and no telephonic appearances will be permitted by any party. (Becknal, R)
October 25, 2013
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ORDER with FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/25/2013. Defendant Nevada County's 352 354 358 361 364 Motions to Compel are DENIED without prejudice as MOOT. All scheduled date and deadlines in action are VACATED. Court is RECOMMENDING action be dismissed with prejudice and Clerk be directed to close this case. These Findings and Recommendations are SUBMITTED to Judge District Judge John A. Mendez. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. All Discovery and Motion practice in action are STAYED pending resolution of Findings and Recommendations by District Judge Mendez. (Marciel, M)