McKown v. United States of America et al
| John H. McKown, IV |
| United States of America, Kenneth Salazar, Thomas Vilsack, Harry Frey, Sue Porter, Cheryl Bauer, Katie Walsh, Judy Shutza, Judy Swanson and Michael D. Dunn |
| 1:2009cv00810 |
| May 7, 2009 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Kern |
| Sheila K Oberto |
| Real Property: Other |
| 28 U.S.C. § 2409 (a) Quiet Title Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2015. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 89 MANDATE of USCA as to #79 Notice of Appeal filed by John H. McKown, IV. (Lundstrom, T) |
| Filing 88 MEMORANDUM of USCA as to #79 Notice of Appeal filed by John H. McKown, IV. District Court's Decision is AFFIRMED. (Sant Agata, S) |
Filing 87
ORDER of USCA as to #79 Notice of Appeal filed by John H. McKown, IV. Case submitted on the briefs and record. (Jessen, A)
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Filing 86
ORDER of USCA as to #79 Notice of Appeal filed by John H. McKown, IV. The motion to proceed in forma pauperis is granted. (Verduzco, M)
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| Filing 85 TRANSCRIPT REQUEST by John H. McKown, IV before Judge Oberto, re #79 Notice of Appeal (Aviles, Moises) |
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Filing 84
ORDER Denying without Prejudice Plaintiff's Application to Proceed in Forma Pauperis #82 , signed by Magistrate Judge Sheila K. Oberto on 6/4/13. (Verduzco, M)
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Filing 83
ORDER of USCA as to #79 Notice of Appeal filed by John H. McKown, IV. Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed IFP; (2) pay $455.00 to the district court as the docketing and filing fees for this appeal; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. (Gonzalez, R)
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| Filing 82 MOTION to PROCEED IN FORMA PAUPERIS by John H. McKown, IV. (Aviles, Moises) |
| Filing 81 USCA CASE NUMBER 13-16099 for #79 Notice of Appeal filed by John H. McKown, IV. (Fahrney, E) |
| Filing 80 APPEAL PROCESSED to Ninth Circuit re #79 Notice of Appeal filed by John H. McKown, IV. Notice of Appeal filed *5/28/2013*, Complaint filed *5/7/2009* and Appealed Order / Judgment filed *3/29/2013*. ** *Fee Status: Not Paid - Billed* Bill for fees due sent to *John H. McKown, IV* (Attachments: #1 Appeal Information, #2 Bill for Appeal Fee) (Marrujo, C) |
| Filing 79 NOTICE of APPEAL by John H. McKown, IV. (Aviles, Moises) |
| Filing 78 JUDGMENT dated *3/29/2013* pursuant to order. (Fahrney, E) |
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Filing 77
ORDER Granting Defendants' Motion To Dismiss Plaintiff's Remaining Claims With Prejudice (Docket No. #69 ) ORDER Denying Plaintiff's Request That The Action Be Dismissed Without Prejudice (Docket No. #73 ), signed by Magistrate Judge Sheila K. Oberto on 3/28/2013. CASE CLOSED. (Fahrney, E)
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Filing 76
MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court finds the Motion to Dismiss #69 suitable for decision without oral argument, pursuant to Local Rule 230(g). Accordingly, the hearing set for March 20, 2013, is VACATED; the parties do not need to appear. The Court to issue order. Minute order signed by Magistrate Judge Sheila K. Oberto on 3/15/2013. (Timken, A)
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| Filing 75 REPLY by Michael D. Dunn, Harry Frey, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh re #69 MOTION to DISMISS. (Tarczynska, Dominika) |
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Filing 74
ORDER re BRIEFING ON PARTIES' MOTIONS TO DISMISS #69 & #73 . Defendants' reply brief shall be filed on or before March 13, 2013, and shall inform the Court whether they agree to Plaintiff's request to dismiss the action without prejudice or assert how they would suffer "plain legal prejudice" and why the case should be dismissed with prejudice. Order signed by Magistrate Judge Sheila K. Oberto on 2/27/2013. (Timken, A)
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| Filing 73 MOTION to DISMISS by John H. McKown, IV. Motion Hearing set for 3/20/2013 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Aviles, Moises) |
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Filing 72
ORDER GRANTING Plaintiff's Ex Parte Application to Continue Hearing on Motion to Dismiss (Docs. #69 , #71 ) and Setting Briefing Schedule, Signed by Magistrate Judge Sheila K. Oberto on 2/1/2013. Plaintiff's opposition brief or notice of non-opposition shall be filed on or before February 27, 2013; Any reply brief shall be filed on or before March 13, 2013; the motion hearing is CONTINUED to March 20, 2013 at 09:30 AM in Courtroom 7 before Magistrate Judge Sheila K. Oberto. (Arellano, S.)
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| Filing 71 MOTION for 28-DAY EXTENSION OF TIME to 03/13/2013 re #69 MOTION to DISMISS by John H. McKown, IV. (Aviles, Moises) |
| Filing 70 NOTICE Notice of Status of Court of Federal Claims Case by All Defendants. (Tarczynska, Dominika) |
| Filing 69 MOTION to DISMISS by Cheryl Bauer, Michael D. Dunn, Harry Frey, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh. Motion Hearing set for 2/13/2013 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Notice Notice of Motion)(Tarczynska, Dominika) |
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Filing 68
ORDER DENYING Plaintiff's Appeal of Claims Pursuant to the Administrative Procedure Act #62 . IT IS ORDERED that: 1) Plaintiff John McKown's appeal pursuant to the Administrative Procedure Act, 5 U.S.C. 701-06, of the decision of United States Department of the Interior, Interior Board of Land Appeals in United States v. McKown, 181 IBLA 183 (June 30, 2011) is DENIED and the IBLA's decision is AFFIRMED; 2) The stay previously ordered by the Court as to Plaintiff's non-Administrative Procedure Act claims (Doc. 47) is LIFTED; 3) Any responsive pleading by Defendants to Plaintiff's first amended complaint SHALL BE FILED within thirty (30) days of the date of this order; and 4) The parties SHALL FILE an update as to the status of Plaintiff's Court of Federal Claims action within seven (7) days of the date from when the CFC issues a decision on the pending motion to dismiss. Order signed by Magistrate Judge Sheila K. Oberto on 11/5/2012. (Timken, A)
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| SERVICE BY MAIL: #68 Order served on Joyce Hope Vega. (Timken, A) |
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Filing 67
MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court finds the judicial review of Plaintiff's claims arising under the Administrative Procedures Act suitable for decision without oral argument, pursuant to Local Rule 230(g). Accordingly, the hearing set for October 10, 2012, is VACATED; the parties do not need to appear. The Court to issue order. Minute Order signed by Magistrate Judge Sheila K. Oberto on 10/9/2012. (Timken, A)
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| SERVICE BY MAIL: 67 Minute Order, served on Joyce Hope Vega. (Timken, A) |
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Filing 66
MINUTE ORDER: ***TEXT ENTRY ONLY*** The hearing for the judicial review of Plaintiff's claims arising under the Administrative Procedures Act is currently set for October 10, 2012, at 9:30 a.m. Pacific time. Telephonic appearances for this hearing are APPROVED, and the parties are STRONGLY ENCOURAGED to make their appearances telephonically. All parties wishing to appear telephonically should coordinate one conference call to the Court at the time of the hearing at (559) 499-5790. The Court reserves the right to take this matter under submission pursuant to Local Rule 230(g), and to vacate the hearing. If the Court deems the matter suitable to take under submission without argument, the Court will issue a minute order to that effect no later than 4:00 p.m. Pacific time on October 9, 2012. Minute Order signed by Magistrate Judge Sheila K. Oberto on 10/5/2012. (Timken, A)
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| SERVICE BY MAIL: 66 Minute Order, served on Joyce Hope Vega. (Timken, A) |
| Filing 65 DESIGNATION of COUNSEL FOR SERVICE., attorney Mark S. Barron terminated (Tarczynska, Dominika) |
| Filing 64 REPLY by Cheryl Bauer, Michael D. Dunn, Harry Frey, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh re #59 Brief, #63 Reply, #62 Brief. (Tarczynska, Dominika) |
| Filing 63 REPLY by John H. McKown, IV re #61 Order,,, Order on Motion for Extension,, #62 Brief. (Aviles, Moises) |
| Filing 62 BRIEF on APA Claim by Cheryl Bauer, Michael D. Dunn, Harry Frey, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh. (Barron, Mark) |
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Filing 61
ORDER GRANTING #60 Defendants' Motion to Extend Briefing Deadlines; ORDER MODIFYING Scheduling Order re: Briefing of Administrative Procedure Act Claims. Defendants' opening brief shall be filed on or before August 13, 2012; Plaintiff's responsive brief shall be filed on or before August 24, 2012; Defendants' responsive brief shall be filed on or before September 7, 2012; The hearing on this matter remains on calendar for October 10, 2012, at 9:30 a.m. in Courtroom 7. If the Court determines that oral argument is not necessary, the Court will inform the parties and vacate the hearing. Order signed by Magistrate Judge Sheila K. Oberto on 8/7/2012. (Timken, A)
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| SERVICE BY MAIL: #61 Order served on Joyce Hope Vega. (Timken, A) |
| Filing 60 MOTION for 7-DAY EXTENSION OF TIME to 08/13/2012 by United States of America. (Barron, Mark) |
| Filing 59 BRIEF ; Plaintiff's Opening Brief by John H. McKown, IV. (Aviles, Moises) |
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Filing 58
ORDER GRANTING Plaintiff's Ex Parte Application to Extend Briefing Deadlines (Doc. #57 ), Signed by Magistrate Judge Sheila K. Oberto on 7/5/2012. (Arellano, S.)
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| SERVICE BY MAIL: #58 Order served on Joyce Hope Vega. (Arellano, S.) |
| Filing 57 MOTION for 7-DAY EXTENSION OF TIME to 07/09/2012 re #56 Order,, Set/Reset Deadlines and Hearings, by John H. McKown, IV. (Aviles, Moises) |
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Filing 56
ORDER GRANTING Plaintiff's Ex Parte Application to Extend Briefing deadlines: Hearing set for 10/10/2012 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 6/5/2012. (Kusamura, W)
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| Filing 55 MOTION for 30-DAY EXTENSION OF TIME to 07/01/12 re #54 Order,,,, Set/Reset Deadlines and Hearings,,,, Order on Motion for Extension,,, by John H. McKown, IV. (Aviles, Moises) |
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Filing 54
ORDER GRANTING #53 Plaintiff's Ex Parte Application to Extend Due Dates in the Briefing Schedule, signed by Magistrate Judge Sheila K. Oberto on 4/6/2012. (IT IS HEREBY ORDERED that the briefing schedule for Plaintiff's APA claims is modified as follows: 1. Plaintiffs opening brief shall be filed on or before 6/1/2012;2. Defendants' opening brief shall be filed on or before 6/29/2012; 3. Plaintiff's responsive brief shall be filed on or before 7/13/2012; 4. Defendants' responsive brief shall be filed on or before 7/27/2012; and 5. The matter is currently scheduled for hearing on 9/5/2012, at 9:30 a.m. in Courtroom 7. If the Court determines that oral argument is not necessary, the Court will inform the parties and vacate the hearing.)(Gaumnitz, R)
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| SERVICE BY MAIL: #54 Order, served on Joyce Hope Vega. (Gaumnitz, R) |
| Filing 53 MOTION for 56-DAY EXTENSION OF TIME to 6/1/2012 re #51 Order,,, Set/Reset Deadlines and Hearings,, by John H. McKown, IV. (Aviles, Moises) |
| ACKNOWLEDGEMENT OF RECEIPT of #52 Administrative Record from Defendants. (Flores, E) |
| Filing 52 NOTICE of Certification & Lodging of Administrative Record by All Defendants. (Attachments: #1 Certificate of Record)(Barron, Mark) |
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Filing 51
PRELIMINARY SCHEDULING ORDER RE BRIEFING OF ADMINISTRATIVE PROCEDURE ACT CLAIMS as follows: defendants to certify and lodge administrative record on or before 3/9/2012; plaintiff to file opening memorandum on or before 4/6/2012; defendants to file opening memorandum on or before 5/4/2012; plaintiff's responsive memorandum due on or before 5/18/2012; defendants' responsive memorandum due on or before 6/1/2012; hearing on on said matter to remain as previously set; order signed by Magistrate Judge Sheila K. Oberto on 1/13/2012. (Rooney, M)
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| SERVICE BY MAIL: #51 Order served on Joyce Hope Vega. (Rooney, M) |
| Filing 50 MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: TELEPHONIC SCHEDULING CONFERENCE held on 1/10/2012, in chambers and off the record. The Court to issue written order. Plaintiff's Counsel Moises Aviles, telephonically present. Defendants' Counsel Dominika Tarczynska and Mark Barron, telephonically present. Court Reporter/CD Number: In Chambers. (Timken, A) |
| Filing 49 JOINT STATUS REPORT by Cheryl Bauer, Michael D. Dunn, Harry Frey, John H. McKown, IV, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh. (Barron, Mark) |
| Filing 48 AMENDED DOCUMENT by John H. McKown, IV: Amended #1 Complaint,,. (Attachments: #1 Exhibit Verification Page, and Exhibits A Through C, #2 Exhibit D, #3 Exhibit E, Part 1, #4 Exhibit E. Part 2)(Aviles, Moises) |
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Filing 47
ORDER GRANTING #40 Plaintiff's Motion to Amend the Complaint; Order CONTINUING stay as to all non-administrative procedure act claims #38 #39 ; The scheduling conference shall be held on January 10, 2012, at 10:15 a.m. Pacific Standard Time. The parties may appear telephonically by arranging a conference call prior to calling the Court. Order signed by Magistrate Judge Sheila K. Oberto on 11/18/2011. (Timken, A)
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| SERVICE BY MAIL: #47 Order, served on Joyce Hope Vega. (Timken, A) |
| Filing 46 MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: TELEPHONIC HEARING re #39 MOTION TO VACATE STAY and #40 MOTION TO FILE AMENDED COMPLAINT held on 11/16/2011. The matter was argued and submitted - the Court to issue order. A Scheduling Conference was set for 1/10/2012, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties' joint scheduling report is due by no later than 1/3/2012. Telephonic appearances are granted for the scheduling report. The parties are to coordinate a conference call prior to calling the Court. Plaintiff's Counsel Moises Aviles, telephonically present. Defendants' Counsel Dominika Tarczynska & Rose Miksovsky, telephonically present. Court Reporter/CD Number: ECRO / O. Figueroa. (Timken, A) |
| Filing 45 REPLY by John H. McKown, IV to RESPONSE to #38 MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies. (Aviles, Moises) |
| Filing 44 CERTIFICATE of SERVICE by Cheryl Bauer, Michael D. Dunn, Harry Frey, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh re #43 Response,,,,. (Tarczynska, Dominika) |
| Filing 43 RESPONSE by Cheryl Bauer, Michael D. Dunn, Harry Frey, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh to #40 MOTION to AMEND the #1 Complaint,, MOTION to AMEND the #1 Complaint,,, #39 AMENDED MOTION to VACATE amending #38 MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies MOTION to VACATE amending 30 Motion HeariAMENDED MOTION to VACATE amending #38 MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies MOTION to VACATE amending 30 Motion HeariAMENDED MOTION to VACATE amending #38 MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies MOTION to VACATE amending 30 Motion Heari. (Tarczynska, Dominika) |
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Filing 42
ORDER ASSIGNING CASE re Presiding Judge, signed by Chief Judge Anthony W. Ishii on 10/18/11. This case has been assigned for all purposes to Magistrate Judge Sheila K. Oberto; the new case number is 1:09-cv-00810-SKO. (Verduzco, M)
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| SERVICE BY MAIL: #42 Order served on Joyce Hope Vega. (Verduzco, M) |
| Filing 41 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Cheryl Bauer, Michael D. Dunn, Harry Frey, Sue Porter, Kenneth Salazar, Judy Shutza, Judy Swanson, United States of America, Thomas Vilsack, Katie Walsh. Attorney Tarczynska, Dominika Natalia added. (Tarczynska, Dominika) |
| Filing 40 MOTION to AMEND the #1 Complaint,, by John H. McKown, IV. Motion Hearing set for 11/16/2011 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Amended Complaint, #2 Exhibit Verification Page and Exhibits "A" through "C", #3 Exhibit Exhibit "D", #4 Exhibit Exhibit "E", Part 1, #5 Exhibit Exhibit "E", Part 2)(Aviles, Moises) |
| Filing 39 AMENDED MOTION to VACATE amending #38 MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies (Motion now clarifies that the Hearing is set for November 16, 2011, pending further Order of the Court) by John H. McKown, IV. Motion Hearing set for 11/16/2011 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. (Aviles, Moises) |
| Filing 38 MOTION to VACATE amending 30 Motion Hearing, Order on Motion to Stay,, and that the Court vacate the Stay, since Plaintiff exhausted all administrative remedies by John H. McKown, IV. Motion Hearing set for 11/16/2011 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. (Aviles, Moises) |
| Filing 37 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by John H. McKown, IV. (Aviles, Moises) |
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Filing 36
ORDER by Chief Judge Anthony W. Ishii: Due to the impending retirement of Senior U.S. District Judge Oliver W. Wanger, the assignment of this action to him is hereby withdrawn. This action remains assigned only to the previously assigned U.S. Magistrate Judge. The parties must complete the attached consent form and indicate whether or not they consent to U.S. Magistrate Judge jurisdiction. All previously set hearing dates occurring within 60 days of this order are vacated. (Attachments: #1 Consent Form) (Verduzco, M)
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| SERVICE BY MAIL: #36 Order Reassigning Judge Wanger, served on Joyce Hope Vega. (Verduzco, M) |
| Filing 35 NOTICE of Administrative Decision of the Interior Board of Land Appeals by John H. McKown, IV re 30 Motion Hearing, Order on Motion to Stay,,. (Attachments: #1 Decision of Interior Board of Land Appeals)(Aviles, Moises) |
| Filing 34 On 12/14/09, this matter was stayed pending the outcome of administrative proceedings 30 . The Court is informed that the Department of the Interior's Office of Hearing and Appeals ruled against Plaintiff on May 25, 2010. See #33 . Plaintiff has filed an administrative appeal and requests that the stay remain in place pending the outcome of that appeal. Defendants do not object. Accordingly, the stay shall remain in place pending the outcome of the administrative appeal. The parties are ORDERED to notify the Court when the appeal has been resolved. (Coffman, Lisa) |
| Filing 33 NOTICE of Decision in Administrative Contest and Status Report by All Defendants. (Attachments: #1 Exhibit ALJ Decision, #2 Exhibit Notice to Gov't, #3 Exhibit Transmittal of Appeal)(Barron, Mark) |
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Filing 32
ORDER by Chief Judge Anthony W. Ishii: Due to the recent appointment of Magistrate Judge Sheila K. Oberto to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Dennis L. Beck for all further proceedings. (Sondheim, M)
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| Filing 31 MINUTE ORDER: (Text Entry Only) Parties are ORDERED to notify the Court when the agency has made it's decision. Initial Scheduling Conference set 12/18/2009 has been VACATED due to the stay granted by the Court on 12/14/2009. (Gaumnitz, R) |
| Filing 30 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION to Stay #24 held on 12/14/2009. The Court's tentative ruling: Stay will be GRANTED pending the outcome of administration determination. Matter is argued and submmitted. The Court makes tentative ruling the actual ruling. Written decision to issue. Plaintiffs Counsel M. Aviles appeared telephonically. Defendants Counsel M. Barron appeared telephonically. Court Reporter/CD Number: ECRO. (Gaumnitz, R) |
| Filing 29 DECLARATION of Moises A. Aviles re 15 Minute Order,, Set/Reset Deadlines and Hearings,. (Aviles, Moises) |
| Filing 28 REPLY by Judy Swanson, Michael D. Dunn, United States of America, Kenneth Salazar, Thomas Vilsack, Harry Frey, Sue Porter, Cheryl Bauer, Katie Walsh, Judy Shutza to RESPONSE to #24 MOTION to STAY. (Attachments: #1 Exhibit Defs.' Ex. 11)(Barron, Mark) |
| Filing 27 OPPOSITION by John H. McKown, IV to #24 MOTION to STAY. (Aviles, Moises) |
| Filing 26 SERVICE BY PUBLICATION filed by John H. McKown, IV. Last publication date 10/16/2009. (Aviles, Moises) |
| Filing 25 NOTICE to Advise the Court of Procedural Development in Advance of Plaintiff's November 30, 2009 Response Deadline by all defendants. (Attachments: #1 Exhibit Notice Exhibit 1)(Barron, Mark) |
| Filing 24 MOTION to STAY by Judy Swanson, Michael D. Dunn, United States of America, Kenneth Salazar, Thomas Vilsack, Harry Frey, Sue Porter, Cheryl Bauer, Katie Walsh, Judy Shutza. Attorney Barron, Mark S. added. Motion Hearing set for 12/14/2009 at 10:00 AM in Courtroom 3 before Judge Oliver W. Wanger. (Attachments: #1 Exhibit Def.'s Exhibits 1-5, #2 Exhibit Def.'s Exhibits 6-7, #3 Exhibit Def.'s Exhibits 8-10)(Barron, Mark) |
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Filing 23
ORDER signed by Judge Oliver W. Wanger on 9/11/2009; that service of summons in this action be made on Defendants Harry Frey, Sue Porter, Cheryl Bauer, Katie Walsh, Judy Shutza, Judy Swanson, and Michael D. Dunn by publication of service in the Ridgecrest Daily Independent, a newspaper published in the County of Kern, State of California.(Flores, E)
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| Filing 22 PROPOSED ORDER Order re Extension of Time to Serve, and for Publication re #19 Ex Parte Application by John H. McKown, IV. (Aviles, Moises) |
| Filing 21 MEMORANDUM by John H. McKown, IV in SUPPORT OF re #19 Ex Parte Application filed by John H. McKown, IV. (Aviles, Moises) |
| Filing 20 DECLARATION of Henry Frederick Ramey, Jr. re #19 Ex Parte Application. (Aviles, Moises) |
| Filing 19 EX PARTE APPLICATION by John H. McKown, IV for Extension of Time to Serve (FRCP 4(m)), and for Publication of Summons (CCP 415.50). (Aviles, Moises) |
| Filing 18 SUMMONS RETURNED EXECUTED by John H. McKown, IV. Thomas Vilsack served on 8/18/2009, answer due 10/19/2009. (Aviles, Moises) |
| Filing 17 SUMMONS RETURNED EXECUTED by John H. McKown, IV. Kenneth Salazar served on 8/18/2009, answer due 10/19/2009. (Aviles, Moises) |
| Filing 16 SUMMONS RETURNED EXECUTED by John H. McKown, IV. United States of America served on 8/18/2009, answer due 10/19/2009. (Aviles, Moises) |
| Filing 15 MINUTE ORDER: (TEXT ENTRY ONLY) Due to notification that not all defendants have been served the Initial Scheduling Conference currrently set for has been moved to 12/18/2009 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Kusamura, W) |
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Filing 14
ORDER SUBSTITUTING ATTORNEY, signed by Judge Oliver W. Wanger on 8/19/2009. Added attorney Moises Alcides Aviles and Joyce Hope Vega for John H. McKown. (Sondheim, M)
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| Filing 13 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by John H. McKown, IV. (Aviles, Moises) |
| Filing 12 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/27/2009 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Consent Forms, #2 Informational Order) (Jessen, A) |
| Filing 11 SUMMONS ISSUED as to *Katie Walsh* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 10 SUMMONS ISSUED as to *Thomas Vilsack* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 9 SUMMONS ISSUED as to *United States of America* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 8 SUMMONS ISSUED as to *Judy Swanson* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 7 SUMMONS ISSUED as to *Judy Shutza* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 6 SUMMONS ISSUED as to *Kenneth Salazar* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave.. #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 5 SUMMONS ISSUED as to *Sue Porter* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 4 SUMMONS ISSUED as to *Harry Frey* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 3 SUMMONS ISSUED as to *Michael D. Dunn* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| Filing 2 SUMMONS ISSUED as to *Cheryl Bauer* with answer to complaint due within *60* days. Attorney *John H. McKown, IV* *560 N. Arrowhead Ave., #2A* *San Bernardino, CA 92401*. (Jessen, A) |
| RECEIPT number #CAE100006891 $350.00 fbo John McKown IV by Aviles Associates on 5/8/2009. (Jessen, A) |
| SERVICE BY MAIL: #12 Civil New Case Documents for OWW, #3 Summons, #2 Summons, #5 Summons, #8 Summons, #9 Summons, #7 Summons, #6 Summons, #11 Summons, #4 Summons, #10 Summons served on John H. McKown IV. (Jessen, A) |
| Filing 1 Verified COMPLAINT for Declaratory and Injunctive Relief, Quiet Title, Violations of Civil Rights Under Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 29 L. Ed. 2d 619, 91 S. Ct. 1999 (1971), and For Illegal Restraint of Interstate Commerce, against Judy Swanson, Michael D. Dunn, United States of America, Kenneth Salazar, Thomas Vilsack, Harry Frey, Sue Porter, Cheryl Bauer, Katie Walsh, Judy Shutza by John H. McKown, IV. (Attachments: #1 Civil Cover Sheet). (Jessen, A) |
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