McNally et al v. Eye Dog Foundation for the Blind, Inc. et al
| Montry McNally and Ruby Bell |
| Eye Dog Foundation for the Blind, Inc., Eye Dog Foundation Profit Sharing Plan and Gwen Brown |
| 1:2009cv01184 |
| July 8, 2009 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Kern |
| Anthony W. Ishii |
| Sandra M. Snyder |
| None |
| 29 U.S.C. ยง 1131 ERISA - Collection of Delinquent Trust Funds |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
161
ORDER DISMISSING Action with Prejudice signed by Chief Judge Anthony W. Ishii on 1/14/2012. CASE CLOSED. (Sant Agata, S)
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Filing
154
ORDER setting a Status Conference for 12/15/2011, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Telephonic appearances are permitted so long as the parties appearing telephonically coordinate one conference call to the Court at 559-499-5790 at the time and date for the hearing. Order signed by Magistrate Judge Sheila K. Oberto on 12/9/2011. (Timken, A)
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Filing
151
STIPULATION and ORDER for Release of Funds in the Eye Dog Foundation Profit Sharing Plan, signed by Chief Judge Anthony W. Ishii on 9/30/2011. (Jessen, A)
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Filing
142
ORDER re SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 9/6/2011. (Timken, A)
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Filing
139
ORDER Granting in Part and Denying in Part Plaintiff's 108 Motion for Summary Judgment, signed by Chief Judge Anthony W. Ishii on 8/26/2011. (Marrujo, C)
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Filing
132
ORDER SETTING a BRIEFING SCHEDULE and a HEARING. Due to Judge Ishii's order regarding supplemental briefing, the following schedule is ORDERED: 1) On or before August 5, 2011, Plaintiffs shall file a supplemental brief on the issue of wh ether Plaintiffs' state law claims are preempted under ERISA; 2) On or before August 12, 2011, Defendants shall file a supplemental brief in response to Plaintiffs' supplemental brief; and 3) On or before August 19, 2011, Plaintiffs may fil e an optional reply brief. In light of Mr. Harrison's Application for Withdrawal, the following schedule is set: 1) The hearing regarding Mr. Harrison's Application for Withdrawal (Doc. 129) is SET for August 31, 2011, 9:30 a.m. in Courtroom 8, 6th floor, before Magistrate Judge Sheila K. Oberto; 2) In addition to Mr. Harrison, Defendant Gwen Brown and at least one representative of Defendants Eye Dog Foundation for the Blind, Inc. and Eye Dog Foundation Profit Sharin g Plan are ORDERED to appear for the August 31, 2011, hearing on behalf of the Defendants; 3) The Clerk of Court is DIRECTED to serve this order on Defendants Gwen Brown, Eye Dog Foundation for the Blind, Inc., and Eye Dog Foundation Profi t Sharing Plan at Post Office Box 519, Claremont, California, 91711; and 4) Defendants' counsel shall make all reasonable efforts necessary to inform the Defendants of this order. Order signed by Magistrate Judge Sheila K. Oberto on 7/27/2011. (Timken, A)
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Filing
130
ORDER signed by Chief Judge Anthony W. Ishii on 7/22/2011 ORDERING supplemental briefing and VACATING the pretrial and trial dates. The parties are ORDERED to file, within 14 days of service of this order, supplemental briefing on the issue of wheth er plaintiffs' state law claims are preempted under ERISA, with a reply brief due 7 days thereafter. The Court further ORDERS the pretrial conference of 8/5/2011 and the trial date of 8/23/2011 VACATED to be reset after ruling on the pending motion for summary judgment. (Rooney, M)
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Filing
124
ORDER DENYING 122 Motion to Withdraw as Attorney of Record for Defendants. The hearing re Plaintiffs' Motion for Summary Judgment currently set for 4/11/2011 is CONTINUED to 5/2/2011 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge A nthony W. Ishii. The Pretrial Conference currently set for 5/18/2011 is CONTINUED to 7/27/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. The Jury Trial currently set for 7/12/2012 is CONTINUED to 8/23/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 3/24/2011. (Timken, A)
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Filing
113
ORDER re 112 Motion to withdraw as counsel. IT IS ORDERED THAT: 1) Defendants' counsel's Motion to Withdraw shall be heard on 3/2/2011 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto; 2) Plaintiffs may file an op position on or before February 25, 2011; 3) No reply to the opposition shall be filed; 4) Defendants may file an opposition or statement regarding their counsel's Motion to Withdraw on or before February 25, 2011; 5) Defendants, or a representat ive of any corporate entities, shall appear at the March 2, 2011, hearing on this matter; 6) Any request for a telephonic hearing must be arranged one week in advance of the hearing date by contacting the courtroom deputy at (559) 499-5975; and 7) Defendants' counsel shall serve notice of this order on Defendants by no later than February 14, 2011, and shall promptly file the proof of service with the Court. Order signed by Magistrate Judge Sheila K. Oberto on 2/11/2011. (Timken, A)
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Filing
111
STIPULATION and ORDER to Continue Hearing on Plaintiff's Motion for Summary Judgment (Doc. 108 ), Signed by Chief Judge Anthony W. Ishii on 2/2/2011. The Motion Hearing now set for 2/14/2011 is continued to 2/28/2011 at 01:30 PM in Courtroom 2 before Chief Judge Anthony W. Ishii. (Arellano, S.)
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Filing
104
ORDER to SHOW CAUSE why sanctions should not be imposed for failure to comply with court order. Defendants, no later than January 6, 2011, at 4:00p.m., shall show cause in writing why sanctions should not be imposed for failure to comply with the Court's Order. Order signed by Magistrate Judge Sheila K. Oberto on 1/5/2011. (Timken, A)
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Filing
99
ORDER re SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 12/16/2010. (Timken, A)
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Filing
87
ORDER DENYING 84 Defendants' motion to amend pleadings to join addiitonal parties and add new claims signed by Magistrate Judge Sheila K. Oberto on 11/15/2010. The hearing on this matter currently set for 11/19/2010 is VACATED, the parties do not need to appear.(Timken, A)
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Filing
83
STIPULATION and ORDER to set aside Entry of Default. The July 15, 2010, Default entered by the Clerk (Doc. 39) against Defendant EYE DOG FOUNDATION FOR THE BLIND, INC. is hereby set aside. The Court's October 18, 2010, order to show cause why the entry of default should not be set aside is DISCHARGED. Order signed by Magistrate Judge Sheila K. Oberto on 10/20/2010. (Timken, A)
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Filing
82
ORDER on Defendants' "First Amended Scheduling Report" "Crossclaim" and "First Amended Crossclaim";ORDERED to STRIKE documents 79 and 80 entitled "Crossclaim" and "First Amended Crossclaim";O RDERED to terminate all references to "Cross Defendant" and "Cross Claimant"; Cross Defendants and Cross Claimants termed: Ruby Bell, Gwen Brown, Eye Dog Foundation Profit Sharing Plan, Eye Dog Foundation for the Blind, Inc., Montry McNally, Morgan Stanley, David Young, and Kenneth Bales, signed by Magistrate Judge Sheila K. Oberto on 10/19/2010. (Martin, S)
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Filing
76
ORDER re Defendants' second amended motion to continue trial and related dates. Deadline to file motion for leave to amend answer 10/18/2010. Deadline to file motion for leave to file a counter-claim, 10/18/2010. Deadline to file opposition to motion for leave to amend answer 10/22/2010. Deadline to file Opposition to Motion for Leave to File a Counter-Claim 10/28/2010. Deadline for Plaintiffs to Show Cause why Entry of Default against Eye Dog Foundation, Inc., should not be set aside 1 0/21/2010. Deadline to file Defendants Response to OSC re Entry of Default against Eye Dog Foundation, Inc. 10/27/2010. Deadline to file Plaintiffs Reply to OSC re Entry of Default against Eye Dog Foundation, Inc. 11/1/2010. Designation of Expert W itnesses due by 11/24/2010. Supplemental Expert Witness Disclosure deadline 12/1/2010. Non-Expert discovery due by 12/13/2010. Expert Discovery cut-off 12/17/2010. Hearing on Plaintiffs Motion for Summary Judgment 12/20/2010. Non-Dispositive Mot ions filed by 12/21/2010. Settlement Conference remains set for 1/11/2011 at 10:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. January 19, 2011 Non-Dispositive Motion hearing deadline. Dispositive Motions filed by 1/28/2011, w ith a hearing date no later than March 7, 2011. Pretrial Conference currently set for 2/4/2011 is CONTINUED to 4/27/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Jury Trial currently set for 3/15/2011 is CONTI NUED to 6/14/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. FURTHER: (1) The Court orders that if any new discovery forces Plaintiffs to re-file their Motion for Summary Judgment (no later than January 28, 2011), Plain tiffs may ask the Court for their attorneys' fees and costs associated with amending and re-filing the Motion at Defendants' expense; (2) The Parties are to meet and confer prior to the deadline in which Plaintiffs must Show Cause why the E ntry of Default against Eye Dog Foundation for the Blind, Inc. should not be set aside; and (3) Eye Dog Foundation, Inc., is prohibited from participating until the Default is set aside. Order signed by Magistrate Judge Sheila K. Oberto on 10/18/2010. (Timken, A)
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Filing
66
ORDER GRANTING 63 Defendants' Ex Parte Application for an order shortening time on the hearing upon Defendants' motion to continue the trial and corresponding cut-off and hearing dates. The hearing currently set before Chief Judge Anthon y W. Ishii is RESET for 10/6/2010 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. Defendants shall amend their Motion to Continue (Second Amended Motion to Continue) to include (1) the basis for extension of the discovery deadline, i.e., the specific type of discovery Defendants need to conduct and the time necessary to complete the needed discovery, and (2) a proposed schedule for all revised deadlines; Defendants shall file on CM-ECF and then serve by facsimile transmission and/or email the Motion to Continue (Doc. 61), the Amended Motion to Continue (Doc. 65), and the Second Amended Motion to Continue on or before 12:00 p.m. Wednesday, September 29, 2010; Plaintiffs' Opposition to Defendants ' Motion to Continue (and all related amendments) shall be filed on CM-ECF and then served by facsimile transmission and/or e-mail on or before 4:00 p.m. Friday, October 1, 2010; and Defendants may file an optional reply to Plaintiff's Opposition that shall be filed on CM-ECF and then served by facsimile transmission and/or e-mail on or before 12:00 p.m. Monday, October 4, 2010. Order signed by Magistrate Judge Sheila K. Oberto on 9/28/2010. (Timken, A)
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Filing
54
ORDER Motion Hearing set for 9/27/2010 is continued to 10/12/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii.) signed by Chief Judge Anthony W. Ishii on 9/15/10. (Nazaroff, H)
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Filing
50
ORDER DENYING 48 Motion to Withdraw as Attorney of Record for Defendants without prejudice. Defendants' counsel's Application, 49 , for an Order Shortening Time on Motion to Withdraw as Attorney of Record for Defendants is DENIED as moot. Order signed by Magistrate Judge Sheila K. Oberto on 9/8/2010. (Timken, A)
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Filing
34
ORDER GRANTING Plaintiff's 28 MOTION for a Preliminary Injunction signed by Chief Judge Anthony W. Ishii on 5/26/2010. The court ORDERS that Plaintiffs SHALL pay a bond in the amount of $5,000, and this order takes effect upon Plaintiffs payment of the bond.(Bradley, A)
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Filing
30
ORDER DENYING plaintiffs' ex parte motion for temporary restraining order, document 28 , and ORDERING response to same due 5/14/2010; reply due by 5/19/2010 at 12:00 p.m.; motion hearing set for 5/24/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; order signed by Chief Judge Anthony W. Ishii on 5/7/2010. (Rooney, M)
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Filing
27
ORDER Granting Amended Motion to Withdraw as Counsel for Defendants 22 signed by Magistrate Judge Sheila K. Oberto on 4/23/2010. Attorney Howard Rosoff terminated.(Verduzco, M)
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