DeMartini, et al. v. DeMartini, et al.
| Timothy P. DeMartini and Margie DeMartini |
| Michael J. DeMartini and Renate DeMartini |
| Renate DeMartini and Michael J. DeMartini |
| Margie DeMartini and Timothy P. DeMartini |
| 2:2014cv02722 |
| November 20, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Nevada |
| Carolyn K. Delaney |
| John A. Mendez |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
487
RELATED CASE ORDER signed by District Judge Daniel J. Calabretta on 03/27/2024 RELATING Cases 2:14-cv-2722 DJC-CKD and 2:24-cv-0415-TLN-AC. (Nair, C)
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Filing
483
ORDER signed by District Judge Daniel J. Calabretta on 3/13/2024 ORDERING that The stay entered by this Court on 2/7/2020 453 is LIFTED; Defendants' Motion to Set Aside 458 is DENIED; Referee Farrar shall advise the Court within twenty-on e (21) days whether any updates to his Partition Report 441 , 442 are necessary, with a briefing schedule to follow; and The Parties shall meet and confer within fourteen (14) days and thereafter contact Judge Calabretta's courtroom deputy, Gabriel Michel, via e-mail (gmichel@caed.uscourts.gov) to obtain available and mutually acceptable dates for a pretrial conference and jury trial. (Mena-Sanchez, L)
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Filing
428
ORDER signed by District Judge John A. Mendez on 07/16/19 DENYING 414 plaintiffs' Motion for Attorney Fees. (Benson, A.)
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Filing
408
ORDER signed by District Judge John A. Mendez on 3/1/2019 DENYING 403 Renewed Motion to Stay and to Dismiss. (Huang, H)
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Filing
401
ORDER signed by District Judge John A. Mendez on 11/27/2018 GRANTING plaintiffs' request to withdraw 392 motion for certification of the partial judgment. Defendants' request for a stay of the present case is DENIED. (Zignago, K.)
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Filing
380
ORDER signed by District Judge John A. Mendez on 8/9/2018 DENYING 362 Motion for Attorney Fees. (York, M)
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Filing
375
ORDER signed by District Judge John A. Mendez on 7/26/18. The Court DENIES Defendants' Motion for Judgment as a Matter of Law, New Trial, or Amended Judgment 360 . (Mena-Sanchez, L)
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Filing
361
FINDINGS of FACT and CONCLUSIONS of LAW; INTERLOCUTORY JUDGMENT signed by District Judge John A. Mendez on 5/30/18 ORDERING the Grass Valley Property, commonly known as 12757, 12759, and 12761 Loma Rica Drive, Grass Valley, CA, and more particular ly described below, shall be partitioned in kind and divided between Plaintiffs and Defendants in proportion to their fifty percent interest in the property; Michael J. DeMartini is to submit a proposed plan for subdivision by 6/30/18. The part ition in kind must be completed no later than 6/30/19, or the Court will appoint a referee to carry out its Order. Should the parties not agree, Plaintiffs' objections to the proposal are due 7/15/18; Nothing in this Order precludes the parties from agreeing to partition by appraisal and filing the appropriate documentation with the Court. (Becknal, R)
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Filing
347
AMENDED PARTIAL JUDGMENT dated *5/4/2018* Under FRCP 54(B) signed by District Judge John A. Mendez on 5/4/2018 IT IS SO ORDERED ADJUDGED AND DECREED that Plaintiffs Timothy and Margie DeMartini have judgment against Defendants Michael and Renate DeMa rtini: Plaintiff Timothy and Margie DeMartini have and recover from Defendants Michael and Renate DeMartini, jointly and severally damages in the sum of $68,606.25 pluse prejudgment interest of $26,996.80 with interest thereon from the date of the judgment until paid together with costs and disbursements; Prejudgment interest from 5/23/2014 to 4/27/2018 is calculated based on a rate of $18.80 per day; Cross-Complainants Michael and Renate DeMartini have and recover nothing by reas on of their counterclaims for Declaratory Relief, Breach of Contract and Defamation against Cross-Defendants Timothy and Margie DeMartini and that Cross-Defendants Timothy and Margie DeMartini shall have and recover from Cross-Complainants Michael and Renate DeMartini jointly and severally costs and disbursements. (Reader, L)
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Filing
345
PARTIAL JUDGMENT ORDER signed by District Judge John A. Mendez on 4/30/2018 ORDERING 333 that Judgment is hereby ENTERED in favor of Plaintiffs Timothy P. and Margie DeMartini against Defendants Michael J. and Renate DeMartini, Jointly and severall y upon Defendants' counterclaims for declaratory relief, breach of contract and defamation; Plaintiffs Timothy P. and Margie DeMartini have judgment against defendants Michael J. and Renate DeMartini; Plaintiffs Timothy P. and Margie DeMartini h ave and recover from defendants jointly and severally damages in the sum of $68,606.25 plus prejudgment interest of $26, 996.80 with interest thereon from the date of the judgment until paid together with costs and disbursements; Prejudgment interest from 5/23/2014 to 4/27/2018 is calculated based on a rate of $18.80 per day.(Reader, L)
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Filing
293
ORDER signed by District Judge John A. Mendez on 3/13/18 GRANTING IN PART Defendants' 290 Motion Requesting Issuance of Subpoenas to Trial Witnesses. The Clerk is directed to issue subpoenas for trial for the persons listed in Exhibit A to Defendants' motion, excluding James (Jim) C. DeMartini, Douglas Johnson, and Mark Gilmartin. (Kastilahn, A)
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Filing
288
COURT'S RESPONSE signed by District Judge John A. Mendez on 2/28/2018 to Defendants' 287 Objections or Response to Pretrial Conference Order. Jury Trial will COMMENCE on 4/16/2018, at 09:00 AM, in Courtroom 6 (JAM), before District Judge John A. Mendez. The estimate of trial time will not be modified. (York, M)
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Filing
284
PRETRIAL CONFERENCE ORDER signed by District Judge John A. Mendez on 2/20/18: Trial will commence on April 16, 2018, at 9:00 a.m. Each party is granted seven days from the date of this Pretrial Order to object or respond to it via ECF. (Kaminski, H)
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Filing
267
ORDER signed by District Judge John A. Mendez on 12/19/17 GRANTING 202 Motion for Summary Judgment and ADOPTING 232 FINDINGS and RECOMMENDATIONS. This case shall proceed to trial on the remaining claims.(Kaminski, H)
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Filing
261
ORDER granting 256 REQUEST to SEAL signed by Magistrate Judge Carolyn K. Delaney on 9/6/17. (Kaminski, H)
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254
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/15/2017 DENYING 244 Motion to Stay; ORDERING the defendants to file any objections to 232 Findings and Recommendations within fourteen (14) days. (Michel, G.)
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Filing
241
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/27/17, ORDERING that Defendants' 238 motion for extension of time is GRANTED. Defendants shall file objections to the 6/14/2017 findings and recommendations no later than 7/12/2017. (Kastilahn, A)
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Filing
232
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/13/2017 RECOMMENDING that Plaintiff's 202 motion for summary judgment be granted. Motion referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
228
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/2017 ORDERING that the 226 summons directing defendants to answer the Second Amended Complaint is VACATED. (Zignago, K.)
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Filing
224
ORDER signed by District Judge John A. Mendez on 5/31/2017 ADOPTING IN FULL 214 Findings and Recommendations; GRANTING 195 Motion to Amend the Complaint; DIRECTING the Clerk of Court to separately file and docket the Proposed Second Amended Compl aint (at ECF 195 ); SEVERING the third cause of action for dissolution of partnership in the 225 Second Amended Complaint from the remaining claims; REMANDING the severed claim to the Superior Court for the State of California, County of Nevada, case no. 80744. (Michel, G.)
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Filing
215
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/1/2017 ORDERING Opposition due by 5/15/2017 and Replies due by 5/22/2017 re 202 Motion for Summary Judgment. 202 Motion for Summary Judgment SET for 5/31/2017 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Washington, S)
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Filing
213
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/2017 ORDERING that plaintiffs' 198 motion to require defendants to post bond, security or undertaking is DENIED. Plaintiffs' request to dismiss the counterclaims is DENIED without prejudice. (Zignago, K.)
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Filing
212
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017 VACATING the Motion Hearing on 195 Motion to Amend the Complaint, 198 Motion to Require Defendants to Post Bond/Motion to Dismiss Counterclaims; SUBMITTING said matters on the briefs; VACATING the Motion Hearing on 202 Motion for Summary Judgment; INFORMING all parties that a briefing schedule will be set on the matter after the expiration of the automatic stay. (Michel, G.)
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Filing
210
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/31/17: Defendants' motion for subpoenas (ECF No. 203) is granted. The Clerk of Court is directed to issue subpoenas for plaintiffs disclosed experts: Richard Cook, Erin Bechtold, Dusti n Grate, Don Vilfer, and Daniel Ketcham. Expert discovery is extended past the April 19, 2017 cut-off to May 3, 2017, solely for the purpose of conducting the deposition of plaintiffs' disclosed expert CPA Richard Cook. [Defendant Michael J. DeMartini to provide completed subpoenas to the Clerk of Court for issuance] (Kaminski, H)
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Filing
196
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/1/2017 ORDERING no later than 3/8/2017, plaintiffs shall serve a copy of 195 Motion to Amend the Complaint and supporting documents on the proposed additional defendant trustees and shall fil e a proof of service. Opposition, if any, to the motion shall be filed no later than 3/22/2017. Reply, if any, shall be filed no later than 3/29/2017. Defendant trustees shall not be permitted to proceed pro se. The Motion to Amend is CONTINUED to 4/19/2017 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Washington, S)
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Filing
193
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/17/2017 ORDERING that the deposition of Timothy DiMartini take place at the Federal Courthouse in Sacramento by 2/22/2017. (Michel, G.)
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Filing
191
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/14/2017 DENYING 181 Motion to Compel; DENYING 189 Motion for Extension of Time. (Michel, G.)
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Filing
179
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/11/2017 ORDERING Plaintiffs are awarded $2,500.00 in attorneys' fees incurred in connection with the motion to compel amended initial disclosure. Plaintiffs are awarded $1,750.00 in attorneys' fees incurred in connection with the motion to compel production of electronically stored information. (Reader, L)
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Filing
178
ORDER signed by District Judge John A. Mendez on 1/6/2017 GRANTING 159 Motion for TRO and ADOPTING in FULL 173 Findings and Recommendations. Defendants Michael DeMartini and Renate DeMartini are directed to vacate the 12757 Loma Rica Dr., Grass Valley, CA forthwith and immediately and all other conditions of the TRO as detailed in the order. Within seven days of the date of this order, defendants shall show cause in writing why a preliminary injunction enjoining them from engaging in the conduct set forth above during the pendency of this action should not be issued. (Washington, S)
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Filing
173
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/22/16 ORDERING that plaintiffs' request that defendants be ordered to post a bond is DENIED without prejudice to a renewal of that request through a pro perly noticed motion that provides defendants an opportunity to oppose plaintiffs' request; and RECOMMENDING that plaintiff's 159 Motion for TRO be granted, that defendants Michael DeMartini and Renate DeMartini be directed to vacate the 12757 Loma Rica Dr., Grass Valley, CA property and all other conditions of the TRO as detailed in the order; defendants be ordered to deliver to plaintiffs' attorney Kirk Rimmer within 5 days of the date of an order regarding these F&Rs a "Notice of Cancellation" of the "Memorandum of Lease" recorded at the Nevada County Recorder's Office by defendant Michael DeMartini on 10/20/16, as Document No. 20160024151; that defendants be directed to appear before t he undersigned on a date no later than 14 days after the date of an order regarding these F&Rs to show cause why a preliminary injunction enjoining them from engaging in the conduct set forth above during the pendency of this action should not be issued. Referred to Judge John A. Mendez; Objections to these F&Rs due within 14 days. (Benson, A)
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Filing
146
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/8/2016 ORDERING that the 120 Motion to Compel is GRANTED. No later than 12/14/2016, defendants shall provide a second amended initial disclosure that complies with Federal Rule of Civil Pro cedure 26(a)(1)(A). No later than 12/14/2016, plaintiffs shall provide an itemization of the attorneys' fees incurred in connection with the motion. Objection to the attorneys' fees shall be filed no later than 12/21/2016. The matter of a ttorneys' fees shall thereafter stand submitted. The scheduling order is modified as follows: Discovery shall be completed by 2/22/2017; Expert disclosures shall be made no later than 3/3/2017; Rebuttal expert disclosures shall be made no late r than 3/17/2017; Expert discovery shall be completed by 4/19/2017; All pretrial motions, except motions to compel discovery, shall be completed by 6/7/2017; Pretrial conference is CONTINUED to 8/25/2017 at 10:00 a.m. before the Honorable John A. Mendez; Jury trial is CONTINUED to 10/23/2017 at 9:00 a.m. before the Honorable John A. Mendez. (Zignago, K.)
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Filing
144
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/2016 ORDERING that the hearing date of 12/14/2016 is VACATED. Plaintiffs' 122 motion to compel production of documents is GRANTED. No later than 12/12/2016, defendants shall provid e the electronic copies of computer files made by plaintiffs' forensic computer examiner on November 29-30, 2016. No later than 12/12/2016, defendants shall make available for inspection and copying the two boxes of documents produced on 12/2 /2016 but which defendants did not permit the copy service to copy (see ECF No. 136 , 16), and all documents as described in the declaration of Yasmin Quilat at paragraph 3 (ECF No. 137 at 2:22-3:9). No later than 12/12/2016, defendants may file an opposition to plaintiffs' request for attorneys' fees incurred in connection with the motion. No later than 12/16/2016, plaintiffs may file a reply. The matter of expenses shall thereafter stand submitted. (Zignago, K.)
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Filing
142
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/2016 GRANTING 123 and 127 motions for issuance of subpoenas. The Clerk of Court is directed to issue subpoenas for the depositions of witnesses Susan McGuire and Greg Baerreson. The subpoenas so issued shall not be subpoenas duces tecum. (Zignago, K.)
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Filing
121
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/18/2016 FINDING that non-party Mark DeDartini was not served with a subpoena duces tecum for the deposition at issue; ORDERING that no questioning be allowed at the deposition on the e-mail contents of Mark DeMartini's cell phone. (Michel, G.)
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Filing
116
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/12/2016: The hearing date of November 16, 2016 is vacated; plaintiffs motion to quash subpoena (ECF No. 111) is granted; the Clerk of Court is directed to issue no further subpoenas upon reque st of defendants absent further order of the court. Defendants may, by motion, request issuance of a subpoena. A subpoena shall not issue absent a showing of good cause. Defendants are cautioned that serving any further subpoenas without permission of this court shall result in a recommendation that their answer be stricken and that their counterclaim be dismissed. (Owen, K)
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Filing
112
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/16 ORDERING that plaintiffs' 109 Motion to Quash and for Protective Order is GRANTED; the 11/16/16 hearing date is VACATED. (Benson, A)
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Filing
103
ORDER adopting in full 99 , 101 FINDINGS AND RECOMMENDATIONS filed on 4/14/16, as amended on 4/29/16, signed by District Judge John A. Mendez on 6/17/16. Plaintiffs/counterdefendants' 86 special motion to strike is granted as to the cl aims for breach of contract, wrongful ouster, and intentional interference with contractual relations alleged in the first amended answer and counterclaim. Plaintiffs/counterdefendants are awarded attorneys' fees and costs in the amount of 6;4,600. Plaintiffs/counterdefendants' motion to dismiss defendants/counterclaimants' claims for defamation and defamation per se is denied. Plaintiffs/counterdefendants' motion to dismiss defendants/counterclaimants' claim for malicious and oppressive conduct is granted without prejudice to its renewal as an allegation insupport of punitive damages. Defendants/counterclaimants' claims for attorneys' fees is stricken. (Kastilahn, A)
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Filing
101
AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/28/16, amending 99 FINDINGS and RECOMMENDATIONS. Matter referred to District Judge John A. Mendez. Within 14 days after being served with these amended findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
99
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/16 ORDERING that Plaintiffs' Request for Judicial notice (ECF No. 86-2) is GRANTED; Plaintiffs' MOTION for more definite statement (ECF No. 86 ) is GRANTED. IT IS HEREBY RECO MMENDED that Plaintiffs/counterdefendants' special MOTION to Strike under California Code of Civil Procedure § 425.16 (ECF No. 86 ) be granted as to the claims for breach of contract, wrongful ouster, and intentional interference with contractual relations alleged in the first amended answer and counterclaim; Plaintiffs/counterdefendants be awarded attorneys' fees and costs pursuant to California Code of Civil Procedure § 425.16 (c) in the amount of $4,600; Plai ntiffs/counterdefendants' MOTION to dismiss defendants/counterclaimants' claims for defamation and defamation per se be denied; Plaintiffs/counterdefendants' MOTION to dismiss defendants/counterclaimants' claim for malicious an d oppressive conduct be denied without prejudice to its renewal as an allegation in support of punitive damages; and Defendants/counterclaimants' claims for attorneys' fees be stricken. These Findings and Recommendations are submitted U.S. District Judge John A. Mendez; Objections to these F&Rs due within fourteen days.(Mena-Sanchez, L)
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Filing
98
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2015 ORDERING 87 that Defendants' Motion to disqualify counsel is DENIED. (Reader, L)
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Filing
72
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/2015 ORDERING that Plaintiffs are permitted to file their First Amended Complaint. Defendants/Counter-claimants are permitted to file their proposed Amended Answer and Coun ter-claim. Plaintiffs shall have twenty (20) days from the date of the Courts Order on this Stipulation to respond to the Amended Counterclaim. Entry of the Order on this Stipulation shall not serve to vacate, or otherwise change or effect, the Court's 9/3/2015 Status (Pretrial Scheduling) Order, all of whose provisions shall remain in effect. (Zignago, K.)
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Filing
69
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/2/15: The hearing date of 10/7/15 on plaintiffs' motion to amend is vacated. The matter shall thereafter stand submitted. Discovery due by 11/2/2016. Dis positive Motions filed by 2/8/2017. Final Pretrial Conference set for 4/7/2017 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 6/5/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)
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Filing
63
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/26/15 GRANTING 50 Motion for Order for return of bond with interest. Good cause appearing therefor, the $10,000 cash deposit posted by Plaintiffs with the Clerk of th e Nevada County Superior Court on 9/17/14 as security for the issuance of the Court's 9/16/14 temporary restraining order, and all interest accrued thereon from the date of deposit, SHALL be released to Plaintiffs, and the Clerk of the Nevada County Superior Court is AUTHORIZED to do so. (cc: Nevada County Superior Court; Financial). (Meuleman, A)
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Filing
58
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/18/2015 ORDERING Plaintiff's motion to compel counter-claimants to post security for costs by plaintiffs 40 is DENIED; Plaintiffs motion to strike 53 is DENIED with respect to those ma tters which are properly subject to judicial notice; This matter is set for status conference on 9/2/2015 at 10:00 a.m. in Courtroom No. 24; Status reports setting forth the matters described in the civil new case documents issued 11/21/2014 30 shall be filed no later than 8/19/2015. (Reader, L)
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Filing
45
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/11/15. The 5/27/15 hearing as to 40 Motion to Compel is VACATED and continued to 6/24/2015 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Opposition due no later than 6/3/15. Reply to opposition due no later than 6/10/15. (Manzer, C)
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Filing
35
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/3/15 GRANTING 34 Request to Utilize Electronic Filing filed by Renate DeMartini, Michael J. DeMartini. Within 7 days from the date of this order, plaintiffs shall provide an e-mail address to the court for purposes of electronic filing. (Meuleman, A)
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Filing
26
ORDER granting 12 Motion to Change Venue; denying 7 Motion to Remand; granting 5 Motion to Extend Time; denying as moot 13 Motion to Shorten Time; granting 10 Motion to Substitute Attorney. The Clerk shall transfer the case to the Eastern District of CA. Signed by Judge Robert C. Jones on 11/19/2014. (Copies have been distributed pursuant to the NEF - KR) [Transferred from nvd on 11/20/2014.]
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