Schmidt, et al v. United States of America, et al
Plaintiff: Lonnie G. Schmidt, Connie J. Schmidt, Daniel G. Schmidt, Rebecca R. Schmidt, Donald L. Manzer, Deborah A. Manzer, Edward Maria, III and Donna J. Maria
Defendant: Randy Paul Ely, Lawrence J Warfield, Timothy G. Ashton, Antonio Amador, Marta Fonda, United States of America, Jerry L Buchmeyer, Jeffrey B. Norris, Kelly M. Crawford, Patrick M. Murphy and Sherman Lee Atwood
Case Number: 2:2009cv00660
Filed: March 10, 2009
Court: US District Court for the Eastern District of California
Office: Assault Libel & Slander Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Lawrence K. Karlton
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 18:1964 Racketeering (RICO) Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 11, 2014 Opinion or Order Filing 124 ORDER signed by Judge Lawrence K. Karlton on 2/10/2014 ORDERING that the 120 Findings and Recommendations are ADOPTED in full. Defendant's 97 motion for summary judgment is GRANTED. Plaintiffs' 109 counter-motion for summary judgment is DENIED. Judgment is entered for defendant. CASE CLOSED. (Zignago, K.)
October 2, 2013 Opinion or Order Filing 120 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/1/13 ORDERING that Defendant's request for judicial notice, filed 4/25/13, 100 is granted; Plaintiffs' request for the undersigned to recuse himsel f from this action is denied; and RECOMMENDING that Defendant's motion for summary judgment, filed 4/25/13, 97 , be granted; Plaintiffs' counter-motion for summary judgment, filed 6/6/13, 109 , be denied; and Judgment be entered for defendant. Referred to Judge Lawrence K. Karlton; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
June 18, 2013 Opinion or Order Filing 112 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 6/17/13 EXTENDING time for the Unied States to file its opposition to plaintiffs' cross-motion for summary judgment. (Meuleman, A)
June 3, 2013 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Gregory G. Hollows on 6/3/2013 ORDERING the subpoena issued to Harford Fire Insurance Company on 5/12/2013, will NOT BE ENFORCED; and 106 objections, filed 5/28/2013 by Harford, construed as a Motion to Quash, is DENIED as MOOT; Clerk shall serve Hartford Fire Insurance Company by e-mail and at the address indicated in docket #106. (Waggoner, D)
May 10, 2013 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/10/13 ORDERING that the subpoena issued to George Adams III and George Adams & Company on 4/26/13, will not be enforced; and the motion to quash 102 filed by Lawrence Warfield is DENIED as moot and vacated from the calendar for 6/20/13. The Clerk shall serve Lawrence Warfield at the address indicated in his motion. (Kastilahn, A)
April 24, 2013 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/24/2013 ORDERING that the court not interfere with voluntary compliance of the subpoenas filed 4/12/2013 and 4/17/2013, nor hear motions to enforce said subpoenas; DETERMINING that 85 , 86 , 87 , 88 , 89 , 90 , 91 , 92 , 93 , 94 Subpoenas will not be enforced; DENYING 95 Motion to Quash as moot; VACATING the Motion Hearing as to 95 Motion to Quash set for 5/23/2013; DIRECTING the Clerk of Court to serve Lawrence Warfield and Warfield and Company. (Michel, G)
February 6, 2013 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/6/13 ORDERING that Defendant's time for responding to the discovery served on it to date is extended to and until February 28, 2013. (Kastilahn, A)
January 29, 2013 Opinion or Order Filing 80 ORDER AMENDING THE STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Gregory G. Hollows on 1/28/13. The deadlines in the case are EXTENDED as follows: Discovery is to be completed by 4/24/2013. Law and Motion is to be completed by 5/28/2013; Final Pretrial Conference is SET for 8/19/2013 at 01:30 AM. Jury Trial is SET for 11/19/2013 at 10:30 AM. (Mena-Sanchez, L)
March 13, 2012 Opinion or Order Filing 71 ORDER signed by Judge Lawrence K. Karlton on 3/12/12; IT IS ORDERED that the Findings and Recommendations filed January 27, 2012, are ADOPTED and Claim III and defendants "unknown officers of Clovis Police," Fresno County Sheriff, and El Dorado County Sheriff are dismissed from this action.(Matson, R)
January 27, 2012 Opinion or Order Filing 70 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 01/26/12 RECOMMENDING that that Claim III and defendants "unknown officers of Clovis Police", Fresno County Sheriff, and El Dorado County Sheriff be dismissed from this action. Objections to these F&R due within 14 days; 48 Amended Complaint referred to Judge Lawrence K. Karlton. (Benson, A.)
January 9, 2012 Opinion or Order Filing 67 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/9/12: The parties shall show cause, in writing, within fourteen days from the date of this order, why a joint status report has not been filed, or they shall file their joint status report. (Kaminski, H)
September 30, 2011 Opinion or Order Filing 65 ORDER signed by Judge Lawrence K. Karlton on 9/29/2011 ORDERING 53 that the motion to strike or dismiss, by Federal dfts United States, Ashton, Amador, Fonda, Ely and Norris, is GRANTED in PART and DENIED in PART; ACCORDINGLY only parts of Claim I as addressed, and Claim III may go forward. The Complaint and the Jordyn Manzer Amended Complaint are consolidated and will proceed only as outlined. The United States is ORDERED to answer that part of Claim I remaining. (Reader, L)
May 20, 2011 Opinion or Order Filing 63 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/20/11, RECOMMENDING that the dismissals, and only parts of Claims I, addressed in this Order, and Claim III may go forward. The Complaint and the Jordyn Manzer Amended Co mplaint should be consolidated and proceed as outlined in this Order. The United States should be ordered to answer the part of Claim I remaining. Case is referred to Judge Karlton. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any reply to the objections shall be served and filed within 14 days after service of the objections. (Kastilahn, A)
October 8, 2010 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/7/10 ORDERING that the 10/14/10 hearing on the MOTION to STRIKE or DISMISS filed 9/13/10 53 is VACATED. The Motion is SUBMITTED on the record. (Mena-Sanchez, L)
September 3, 2010 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/2/10 ORDERING that within 28 days of this order, the government shall file supplemental briefing in support of its motion to dismiss FTCA claims on the basis oflack of exhaustion. (Becknal, R)
July 28, 2010 Opinion or Order Filing 46 ORDER signed by Senior Judge Lawrence K. Karlton on 7/28/2010 ORDERING that The 38 Findings and Recommendations filed May 27, 2010, are ADOPTED. The 24 26 motions to dismiss filed by the United States and defendants Ashton, Amador, Fonda, Ely and Norris on October 29, 2009 are GRANTED IN PART and DENIED IN PART. Deceased defendant Judge Buchmeyer is DISMISSED. Defendants Ely, Fonda and Norton are dismissed for lack of personaljurisdiction. The United States is dismissed from every Coun t except for Count I. Bivens claims against defendants Amador and Ashton, with the exception of Jordyn Manzers claim, are dismissed on the basis of the statute of limitations. All of Jordyn Manzer's claims, improperly brought on his behalf when he was a minor, are dismissed with leave for him to file an amended complaint within 30 days either through counsel or personally pro se.(Duong, D)
May 27, 2010 Opinion or Order Filing 38 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/27/10: ORDERING that the parties have 30 days in which to file appropriate exhibits re the filing of FTCA administrative claims. The United States has 30 days i n which to file appropriate exhibits re res judicata. The United States has 30 days after adoption/rejection of the Findings and Recommendations in which to file certifications of scope of employment for any defendants remaining in this lawsuit with respect to state law claims. Plaintiffs have 30 days in which to identify appropriate § 1983 Doe defendants, i.e., persons acting under color of state authority. RECOMMENDING that the motions to dismiss (dkt #s 24, 26) be granted in part and den ied in part. Deceased defendant Judge Buchmeyer be dismissed. Defendants Ely, Fonda and Norton be dismissed for lack of personal jurisdiction. The United States be dismissed from every Count except for Count I. Bivens claims against defendants Amado r and Ashton, with the exception of Jordyn Manzer's claim, be dismissed on the basis of the statute of limitations. All of Jordyn Manzer's claims, improperly brought on his behalf when he was a minor, be dismissed with leave for him to file an amended complaint within 30 days either through counsel or personally pro se. Objections to F&R due within fourteen (14) days. (Kaminski, H)
December 11, 2009 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/11/09 re 30 ORDERING that if plaintiffs intend to proceed with counsel, counsel shall file a notice of substitution and oppositions to the three pending motions to dismiss, by 12/18/09. (Duong, D)
December 3, 2009 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/03/09 ORDERING that the 12/10/09 hearing on Motions to Dismiss, filed 10/29/06 and 10/30/09 24 , 26 and 27 is VACATED. The Motions are submitted on the record. (Mena-Sanchez, L)
September 2, 2009 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/2/2009 GRANTING 20 Motion for Extension of time to respond to complaint until 10/30/2009. (Matson, R)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Schmidt, et al v. United States of America, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Randy Paul Ely
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lawrence J Warfield
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Timothy G. Ashton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Antonio Amador
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Marta Fonda
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United States of America
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jerry L Buchmeyer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jeffrey B. Norris
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kelly M. Crawford
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Patrick M. Murphy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sherman Lee Atwood
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Lonnie G. Schmidt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Connie J. Schmidt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Daniel G. Schmidt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Rebecca R. Schmidt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Donald L. Manzer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Deborah A. Manzer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Edward Maria, III
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Donna J. Maria
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?