Dawe v. Corrections USA et al
| Brian Dawe |
| Corrections USA, California Correctional Peace Officers Association, James Baiardi and Donald Joseph Baumann |
| Corrections USA |
| Brian Dawe |
| 2:2007cv01790 |
| September 4, 2007 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| XX US, Outside State |
| Edmund F. Brennan |
| Ronald S.W. Lew |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| Defendant |
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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
629
ORDER FOR RELEASE OF DEEDS OF TRUST signed by Judge Lawrence K. Karlton on 5/30/2013 ORDERING that the deeds of trust currently on deposit in this matter be released to Defendant California Correctional Peace Officers Association. (Zignago, K.)
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Filing
626
AMENDED ORDER FOR RELEASE OF FUNDS ON DEPOSIT, PAYMENT OF JUDGMENT, AND RELEASE OF DEEDS OF TRUST signed by Judge Lawrence K. Karlton on 4/8/2013 ORDERING the Clerk of Court to release the funds currently on deposit with the Court, as soon as practic able, by wiring said funds to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP; ORDERING the Defendants to wire the remaining amounts due on the judgment, including accrued interest, within 3 business days following The Clerk of Cour t's issuance of the funds currently on deposit, to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP; ORDERING the Plaintiffs to verify and notify Defendants, within 3 business days following Defendants' wiring of funds, that the total funds described have been received by Wilke, Fleury, Hoffelt, Gould & Birney, LLP; ORDERING the parties to issue Joint Supplemental Instructions to the Clerk of Court, within 3 business days of verification and notification, directing that the deeds of trust currently on deposit be released to Defendant California Correctional Peace Officers Association. (cc: Financial Sacramento)(Michel, G)
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Filing
610
ORDER signed by Judge Lawrence K. Karlton on 8/31/2011 ORDERING that Dft's 603 Motion to Post Alternative Security is GRANTED with conditions. In addition to the four recorded deeds of trust already submitted to the Clerk, dfts SHALL deposit s ecurity in the amount of $500,000 within 14 days. Dfts SHALL make quarterly deposits in the amount of $500,000 as security with the Clerk, until the amount of cash deposited reaches 125% of the total judgment. Once the amount of cash deposited with the Clerk is equal to 125% of the total judgment, dfts may request for the deeds of trust for the four pieces of real property to be returned to CCPOA. The stay of execution is continued until further of this court. (Zignago, K.)
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Filing
605
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/13/2011 ORDERING 604 Plaintiffs' Motion shall be continued to 8/29/2011, at 10:00 AM, Opposition to dfts' Motion shall be filed no later than 8/3/2011, and that dfts' reply papers shall be filed no later than 8/22/2011; subject to the Court's approval, that the STAY is EXTENDED to 8/29/2011. (Reader, L)
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Filing
602
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/2011 re 600 ORDERING that the Stay of enforcement of the Judgment in this action is continued to August 1, 2011.(Duong, D)
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Filing
586
ORDER signed by Senior Judge Lawrence K. Karlton on 5/24/2011 583 Ex Parte Application filed by Corrections USA, James Baiardi, Donald Joseph Baumann, California Correctional Peace Officers Association ORDERING that the Application is GRANTED, Stay of Enforcement of the Judgment is CONTINUED for an additional 60 days, to 7/25/2011; within 10 days of the entry of this order, defendants will deposit with the Clerk the trust deeds of the four subject properties owned by CCPOA that were discussed in the defendants' application; during this stay period and until further Order after a ruling on defendants' Motion, CCPOA shall not encumber the properties, shall ensure that all property taxes would be paid, and shall ensure that the properties remain insured. (Waggoner, D)
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Filing
572
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/25/2011 ORDERING 571 Pltfs shall have until the COB on 4/15/2011, to make the election directed at pg 11, lines 18-22 of the Court's 570 Order; dfts shall have 5 court day s, following the Court's issuance of the amended judgment to file their response to pltfs' Application for Determination of Prevailing Party Status; pltfs will have 14 calendar days, following the Court's issuance of the new or amended judgment; to file their Bill of Costs; dfts objections due 14 days, following pltfs' submission of their Bill of Costs; and the stay of enforcement of judgment ordered by the Court 530 shall be EXTENDED until 30 days, following the Court's issuance of the new or amended judgment.(Reader, L)
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Filing
570
ORDER signed by Senior Judge Lawrence K. Karlton on 3/17/11 ORDERING Defendants' renewed motions for judgment as a matter of law are DENIED. (Doc. No. 533) Defendants' motion for a new trial (Doc. No. 534) is GRANTED on the grounds of (a) whether the punitive damage award for Harkins' false imprisonment claim against CUSA was unconstitutionally excessive; (b) whether the punitive damage award for Dawe's defamation claim against CCPOA was unconstitutionally excessive; (c) whe ther the punitive damage awards for FIMA's claims against CCPOA were unconstitutionally excessive; and (d) whether the punitive damage awards for Harkins' defamation claim against CCPOA was unconstitutionally excessive. It is OTHERWISE DENI ED. Plaintiffs shall inform the court within twenty-one (21) days of the issuance of this order as to whether they will (a) stipulate to the remitted punitive damage awards described herein; (b) seek a new trial; or (c) intend to appeal this order.(Matson, R)
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Filing
553
ORDER signed by Senior Judge Lawrence K. Karlton on 01/10/11 GRANTING 550 Request for Redaction by Defendants.(cc: Court Reporter)(Williams, D)
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Filing
536
STIPULATION and ORDER for continuance signed by Senior Judge Lawrence K. Karlton on 12/3/2010. Defendants' post-trial 533 534 Motions are RE-SCHEDULED for 1/18/2011 at 10:00 AM in Courtroom 4 (LKK). Plaintiffs' Oppositions to Motions shall be filed no later than close of business 12/19/2010. Defendants' Reply Briefs to be submitted no later than close of business on 1/10/2011. (Marciel, M)
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Filing
532
ORDER signed by Senior Judge Lawrence K. Karlton on 11/17/10 ORDERING the dfts to file a further response pltfs' application 520 five days following the Court's disposition of all post-trial motions. (Carlos, K)
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Filing
530
ORDER granting 523 Motion to Stay signed by Senior Judge Lawrence K. Karlton on 11/9/10: Defendants shall file an opposition or statement of non-opposition to plaintiffs' application within seven (7) days of the issuance of this order. (Kaminski, H)
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Filing
527
STIPULATION and ORDER Exteding time for Plaintiffs' filing of Bill of Costs signed by Senior Judge Lawrence K. Karlton on 11/04/10. (Mena-Sanchez, L)
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Filing
522
JOINT STIPULATION and ORDER 521 signed by Senior Judge Lawrence K. Karlton on 11/1/2010 ORDERING Defendants shall file their Motion to Stay on Monday, November 1, 2010; Motion Hearing set for 11/8/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; and Plaintiffs' response to Defendants' Motion to Stay shall be filed no later than November 4, 2010 at 9:00 a.m. (Matson, R)
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Filing
406
ORDER signed by Senior Judge Lawrence K. Karlton on 7/23/10 ORDERING that defendants' request 401 is DENIED. (Becknal, R)
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Filing
400
ORDER signed by Senior Judge Lawrence K. Karlton on 7/21/2010 ORDERING Defendants SHALL file amended designations of depositions and interrogatories by 12:00 p.m. on July 23, 2010. These amended designations SHALL be limited to the deposition passage s and discovery responses that defendants intend to use in their case-in-chief. If defendants amended documents are not substantially shortened, the court shall order defendants to explain how each passage of deposition testimony and each discovery response designated by defendants will beused in defendants case- in-chief. The court reserves to the end of the case a determination as to whether the filing constitutes an abuse of the court process.(Matson, R)
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Filing
385
ORDER signed by Senior Judge Lawrence K. Karlton on 7/13/10: On June 21, 2010, the court heard numerous motions in limine. Defendants raised a question as to what evidence may be properly considered to prove malice under the California privileges in defamation. This question must be resolved to prepare jury instructions for trial. The court is inclined to adopt the standard. of proof of malice set forth in Lytel v. Simpson, No. 05-01937-FJ, 2006 WL 2263943 (N.D. Cal. Aug. 8, 2006). For this reason, the court refers the parties to this opinion. They are encouraged to discuss whether application of this case is proper in their trial briefs. No additional briefing is requested. (Carlos, K)
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Filing
380
ORDER signed by Senior Judge Lawrence K. Karlton on 6/22/2010 ORDERING 373 Motion to modify Pretrial Order is GRANTED IN PART and DENIED IN PART; counsel for defendants are collectively SANCTIONED $300. This sum shall be paid to the Clerk of the Court no later than 21 days from the date of this order. (Reader, L)
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Filing
363
ORDER signed by Senior Judge Lawrence K. Karlton on 6/14/10. The Court GRANTS the parties until Monday, 6/21/2010 to file objections to the exhibits. (Mena-Sanchez, L)
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Filing
341
ORDER signed by Senior Judge Lawrence K. Karlton on 6/10/10: The court requests as a courtesy that both sides take steps to ensure that neither these nor similar videos are reposted or otherwise made public pending trial. (Kaminski, H)
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Filing
294
ORDER signed by Senior Judge Lawrence K. Karlton on 4/26/10, ORDERING that CCPOA's filing of 4/20/2010, styled as a motion to dismiss 290 , is DENIED. (Kastilahn, A)
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Filing
285
ORDER signed by Senior Judge Lawrence K. Karlton on 2/24/10 ORDERING that the 254 Motion for Summary Judgment, 267 Motion to Strike, 274 Motion for Relief from Mistake, 279 Motion to Strike, and 281 Supplemental Motion are all DENIED. (Owen, K)
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Filing
273
ORDER signed by Senior Judge Lawrence K. Karlton on 1/15/2010 ORDERING that dfts' reply brief will be considered timely filed if filed by Monday, January 18th; if electronic filing system is inoperative on Monday, the brief may be filed by 9 a.m. on Tuesday, January 19th; if electronic filing system remains inoperative at that time, counsel are directed to e-mail reply brief to chambers and opposing counsel and to file brief on CM/ECF ASAP thereafter. (Suttles, J)
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Filing
272
ORDER signed by Senior Judge Lawrence K. Karlton on 1/14/10 ORDERING that the defendants' ex parte application to continue the hearing on their summary judgment motion and to shorten time for a hearing on a motion for contempt of court and evide ntiary sanctions, 264 is DENIED. Defendants, however, are not precluded from raising the arguments in their application at trial as motions in limine. Defendants' motion for summary judgment remains set for hearing on January 25, 2010. (Becknal, R)
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Filing
262
ORDER signed by Senior Judge Lawrence K. Karlton on 12/23/09, ORDERING that 260 pltfs' application is GRANTED. Dfts' 254 motion for summary judgment shall take place on 1/25/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kastilahn, A)
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Filing
247
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/3/09, ORDERING that pltfs' 246 application for an order shortening time is GRANTED. Pltfs' request for a stay of the 11/12/09 deposition pending hearing on pltfs' 245 motion for a protective order is DENIED. Pltfs' 245 motion for a protective order is set for 11/10/2009 at 09:30 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. On or before 12:00 PM on Friday, 11/6/09, pltfs shall file a Joint Statement re Discovery Disagreement.(Kastilahn, A) Modified on 11/4/2009 (Cannarozzi, N).
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Filing
244
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/2/2009 DENYING 235 Defendants motion to compel and request for sanctions. (Reader, L)
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Filing
237
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/20/2009 re: Imaging of Gary Harkins' laptop computer.(Waggoner, D)
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Filing
228
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/01/09 ORDERING that the parties' respective 200 motions for discovery and sanctions, are GRANTED IN PART and DENIED IN PART. (Benson, A.)
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Filing
225
ORDER signed by Senior Judge Lawrence K. Karlton on 8/20/09 ORDERING that the defendants' motions to strike and for sanctions 201 and 202 are DENIED. But the court again warns all parties and their counsel: CUT IT OUT. (Becknal, R)
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Filing
222
ORDER signed by Senior Judge Lawrence K. Karlton on 8/13/09: Pending before the court is defendant's motion to strike and motion for sanctions, currently set to be heard on August 17, 2009. Due to court congestion, the hearing is CONTINUED to 8/31/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)
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Filing
77
BRIEFING ORDER re 76 MOTION for PROTECTIVE ORDER Regarding Plaintiff's Discovery Dispute Motion to Compel Further Responses to Document Request Productions filed by Corrections USA, James Baiardi, Donald Joseph Baumann, California Correctional Peace Officers Association Signed by Magistrate Judge Edmund F. Brennan on 2/8/08. (Hinkle, T)
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Filing
27
RELATED CASE ORDER 25 signed by Judge Lawrence K. Karlton on 9/10/07. Action denominated 2:07-CV-1790 LEW EFB is REASSIGNED to Judge Karlton and Magistrate Judge Edmund F. Brennan for all further proceedings. Any dates currently set before Judge Lew are VACATED. Henceforth, caption on documents filed in reassigned case shall be shown as 2:07-CV-1790 LKK EFB. Clerk to make appropriate adjustment in assignment of case. (cc: Judge Ronald S. W. Lew) (Marciel, M)
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