Mitchell v. Skyline Homes
Plaintiff: Christina Mitchell
Defendant: Skyline Homes
Case Number: 2:2009cv02241
Filed: August 12, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kimberly J. Mueller
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Defendant
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Product Liability
Jury Demanded By: Defendant
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Date Filed Document Text
May 1, 2012 Opinion or Order Filing 223 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/30/2012 ORDERING 222 that expert depositions shall be completed by 6/15/2012. (Reader, L)
February 29, 2012 Opinion or Order Filing 208 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/29/12 GRANTING 206 Request to Withdraw as Attorney. Attorney Steve W. Berman, PHV terminated. (Meuleman, A)
February 23, 2012 Opinion or Order Filing 205 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/22/2012 DENYING in part 195 Declaration of Lonnie Haughton; DENYING 182 Motion for Attorney Fees. (Michel, G)
February 9, 2012 Opinion or Order Filing 203 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/9/12 ORDERING that the 2/22/12 hearing on plaintiffs motion to dismiss is VACATED. Plaintiffs have clarified in the briefing that they will stipulate to dismissal of their claims with prejudice. Under these circumstances, conditioning dismissal on payment of defense fees and costs is not warranted. Fed. R. Civ. P. 41(a)(2). Dawn Wright and Jerry Wright are DISMISSED from this action with prejudice. (Meuleman, A)
January 13, 2012 Opinion or Order Filing 189 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/13/2012 ORDERING that plaintiffs' 188 Motion to Remand is DENIED. (Zignago, K.)
January 5, 2012 Opinion or Order Filing 186 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/4/12 ORDERING Plaintiffs shall file a motion to remand, if any, no later than January 10, 2012; Opposition to plaintiffs' motion to dismiss, plaintiffs' motion for attorney fees, and plaintiffs' motion to remand shall be filed no later than January 30, 2012. Reply, if any, shall be filed no later than February 6, 2012. Hearing on the pending motions (dkt. nos. 179, 182) and motion to remand is set for February 22, 2012 at 10:00 a.m. in courtroom no. 26.. (Matson, R)
December 12, 2011 Opinion or Order Filing 178 ORDER granting 164 , 173 Motion to Compel and denying 165 , 174 Motion to Compel signed by Magistrate Judge Carolyn K. Delaney on 12/12/11: Class allegations are dismissed without prejudice; status reports due January 3, 2012. (Kaminski, H) Modified on 12/12/2011 (Kaminski, H).
December 1, 2011 Opinion or Order Filing 170 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2011 ORDERING that The 158 motion to retain confidentiality is GRANTED. [151-3] Exhibit C to the Scarlett declaration shall be filed under seal. The request to seal and exhibit, having b een previously submitted to the undersigned's proposed orders e-mail box as provided under Local Rule 141(b), shall be filed under seal by the Clerk of Court. Notwithstanding the provisions of Local Rule 141(e)(2)(i) no further submission is required by plaintiff.(Duong, D)
November 15, 2011 Opinion or Order Filing 161 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/14/11 ORDERING the hearing on defendant's motion (dkt. no. 158) is vacated. No later than November 30, 2011, the parties shall file a joint letter brief on the issues raised in defendant's motion as provided under paragraph 5 of the order filed September 29, 2011 (dkt. no. 142). The matter shall thereafter stand submitted. (Matson, R)
November 4, 2011 Opinion or Order Filing 157 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/3/2011 ORDERING that production to defendants of the documents submitted for in camera review is not required. (Zignago, K.)
November 2, 2011 Opinion or Order Filing 156 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/2/2011 DENYING 90 Motion for Sanctions filed by Christina Mitchell, Dawn Wright, Jerry Wright. (Reader, L)
October 13, 2011 Opinion or Order Filing 149 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/13/11 DENYING 143 Motion for Reconsideration and 145 Ex Parte Application filed by Jerry Wright, Christina Mitchell, Dawn Wright. The hearing date of 11/2/11 is VACATED. (Meuleman, A)
October 6, 2011 Opinion or Order Filing 147 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/6/2011 re 145 ORDERING that opposition, if any, to the ex parte application shall be filed no later than October 12, 2011. (Duong, D)
September 29, 2011 Opinion or Order Filing 142 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/29/2011 ORDERING that w/i 14 days, after counsel for parties have met and conferred, plaintiff shall file a letter brief on the status of 90 Motion for Sanctions; defendant may reply 7 days t hereafter; defendant's 128 Motion to Implead third party defendants is DENIED without prejudice to its renewal after resolution of the motion for class certification; defendant's 123 Motion to Compel is GRANTED in part and DENIED in par t; parties shall comply with the additional provisions outlined in this order related to discovery; parties are cautioned that failure to provide discoverable information in a timely manner may result in the preclusion of such evidence at trial. (Waggoner, D)
September 21, 2011 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/20/2011 GRANTING 132 Application for Leave to file Opposition to Motion filed by James Hardie. (Michel, G)
July 28, 2011 Opinion or Order Filing 127 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/28/2011. Defendant's 112 Motion to Compel is GRANTED. Within 14 days from date of this Order, plaintiff shall produce photographs at issue in native JPEG (.jpg) format. Plaintiff's 111 Motion to Compel is GRANTED in part and DENIED in part. Accordingly w/in 21 days, defendant shall produce without redactions, documents responsive to plaintiffs' Request for Productions of Documents, No. 18. Documents relating to exterior siding used to build manufactured homes sold to Washington and Oregon residents, limited to installation manuals; design specifications; and quality assurance manuals, shall be produced. Plaintiff's Motion to Seal Exhibit 4, Skyline 2780, is GRANTED. (Marciel, M)
July 5, 2011 Opinion or Order Filing 113 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/1/2011 ORDERING 109 Close of class certification discovery due by 10/11/2011; and Motion for class certification due by 12/20/2011. (Reader, L)
June 28, 2011 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Gregory G. Hollows on 06/27/11 ORDERING that the 88 , 89 Motions for Protective Order are DENIED; w/i 15 days, dft shall designate the person or persons who shall be deposed pursuant to the Rule 30(b)(6) deposition s previously noticed for 05/23/11 and 05/24/11. Said depositions shall be completed w/i 45 days and shall take place in the locale of residence of the deponent(s) absent stipulation of the parties. The court will DEFER ruling on plfs' 90 Moti on for Sanctions at this time. Upon completion of the depositions, plfs may file a letter brief, limited to 3 pages, on the sanctions issue; w/i 7 days thereafter, dft may file a reply letter brief, limited to 3 pages. The matter shall thereafter stand SUBMITTED. (Benson, A.)
April 18, 2011 Opinion or Order Filing 87 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 4/14/11 ORDERING that the existing Scheduling order shall be modified as follows: Close of Class Certification Discovery due by 8/2/2011. MOTION for Class Certification deadline is now 10/11/2011. (Mena-Sanchez, L)
February 25, 2011 Opinion or Order Filing 85 INTERIM PRESERVATION ORDER signed by Magistrate Judge Gregory G. Hollows on 2/25/11. (Kaminski, H)
November 4, 2010 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/3/10 ORDERING that Pltf's 68 Motion to Compel is GRANTED in part. Within 14 days from the date of this order, Deft shall provide the names and addresses of purchasers of Deft's manufactured homes and date of purchase, for the time period from 1997 to the present. The discovery produced under this order shall be subject to the 71 Protective Order previously entered in this action on 10/19/10. (Owen, K)
October 19, 2010 Opinion or Order Filing 71 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/18/2010. (Zignago, K.)
October 14, 2010 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/13/10 ORDERING that no later than 1/28/2011, the parties shall file a joint Status Report regarding the litigation status on the case. Discovery pertaining to class issues shall be completed by 5/4/2011. Any Motions for class certification shall be filed no later than 7/13/2011.(Mena-Sanchez, L)
September 24, 2010 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/23/2010 ORDERING that the warranty claims of pltf Mitchell are DISMISSED. The 50 Motion to Dismiss the third cause of action for breach of express warranty is GRANTED. The remainder of the 50 Motion to Dismiss is DENIED. A further Status Conference is set for 10/13/2010 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Zignago, K.)
June 4, 2010 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/3/10 ORDERING that a stipulated amended complaint or motion to amend is due by 6/4/10; initial disclosures are due by 7/16/10; a further Status Conference is set for 7/21/2010 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller; status reports are due no later than 7/14/10. (Owen, K)
May 4, 2010 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/3/10 ORDERING that the motion to strike class allegations is denied; The motion to dismiss is granted. The third through seventh causes of action are dismissed and the eighth cause of action for unfair business practices is dismissed to the extent that claim is predicated on the dismissed causes of action and RORA. CASE CLOSED. (Becknal, R)
November 25, 2009 Opinion or Order Filing 23 ORDER granting with leave to amend 13 Motion to Dismiss signed by Magistrate Judge Kimberly J. Mueller on 11/24/09: Plaintiff shall file an amended complaint within thirty days. (Kaminski, H)
October 6, 2009 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/5/2009 ORDERING 3 Case Referred to the Voluntary Dispute Resolution Program. The Clerk of Court is directed to serve a copy of this order on the court's VDRP Coordinator. (Reader, L)
September 9, 2009 Opinion or Order Filing 9 ORDER signed by Judge Frank C. Damrell, Jr on 09/08/09 ORDERING that the Clerk reassign this case to the Honorable Kimberly J. Mueller. All currently scheduled dates presently set before Judge Damrall are hereby VACATED. (Streeter, J)
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Plaintiff: Christina Mitchell
Represented By: Craig George McIntosh
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Defendant: Skyline Homes
Represented By: Daniel James Kelly
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