Zapata v. Flintco Inc., et al
John Zapata |
Flintco, Inc. and San Joaquin Delta Community College District |
2:2009cv03555 |
December 23, 2009 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Kendall J. Newman |
Garland E. Burrell |
Civil Rights: Other |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 73 ORDER signed by Magistrate Judge Kendall J. Newman on 1/24/2012 GRANTING and DENYING in part defendants' 59 Motion for Sanctions. Plaintiff is sanction in amount of $4,496.00 payable to defendants' counsel for distribution to respective defendants. This Court does NOT retain jurisdiction over enforcement of this Order. (Marciel, M) |
Filing 63 ORDER denying 62 Motion for Judge Newman to Recuse from this case signed by Magistrate Judge Kendall J. Newman on 10/20/11. (Matson, R) |
Filing 61 ORDER signed by Judge Garland E. Burrell, Jr on 9/27/11 ORDERED that plaintiff's motion for reconsideration 58 is denied. (Becknal, R) |
Filing 54 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/11/11, RECOMMENDING that defendants' 41 motion to dismiss be granted, and that plaintiff's action be dismissed for lack of federal subject matter jurisdiction. Motion to Dismiss 41 , 1 Complaint and this case referred to Judge Burrell. 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 response to the objections shall be filed with the court and served on all parties within 14 days after service of the objections. (Kastilahn, A) |
Filing 39 ORDER denying 37 Motion for Protective Order signed by Magistrate Judge Kendall J. Newman on 10/7/10: Plaintiff's request for modification of the courts June 10, 2010 order is denied. Plaintiff's request for the imposition of sanctions ag ainst defendants is denied. Plaintiff's request to proceed with his motion for summary judgment is denied. Plaintiff's request to conduct general discovery is denied. Plaintiff's request to use the court's electronic filing system is denied, except as stated in prior orders of the court. (Kaminski, H) |
Filing 36 ORDER signed by Magistrate Judge Kendall J. Newman on 10/5/10, ORDERING that dfts may take pltf's deposition on or before 12/3/10. This order constitutes notice that the court has considered and pursued alternative sanctions short of dismissal, and the next step is monetary sanctions against pltf and involuntary dismissal of this action. Dfts shall file a motion, if any, challenging the court's subject matter jurisdiction and/or challenging pltf's ability to represent a corporate party in federal court within 60 days after taking pltf's deposition. If motion filed, pltf shall have 14 days to file a written reply to dfts' motion. Dfts shall then have 14 days to file an optional written reply. The remainder of the court's 5/20/10 order remains in effect.(Kastilahn, A) |
Filing 32 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 9/8/2010 ORDERING that Pltf shall SHOW CAUSE, no later than 9/17/2010, why sanctions should not be imposed for failure to prosecute. Dfts may file a reply brief by 9/24/2010. The court will schedule a hearing if it determines that one is necessary. (Zignago, K.) |
Filing 31 ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/2010 re 30 ORDERING that Plaintiff shall promptly notify the court and defendants in writing of the exact date when he is scheduled to return from his international travels. The deadline fo r the completion of the limited discovery permitted by the court's May 20, 2010 order is extended, and such discovery must be completed within 45 days after plaintiff's scheduled return to this country from his international trip. Defendan ts shall file a motion, if any, challenging the court's subject matter jurisdiction and/or challenging plaintiffs ability to represent a corporate party in federal court within sixty (60) days after plaintiff's return to this country from h is international trip. If defendants decide not to file such a motion, they shall promptly notify the court in writing and serve such notice on plaintiff. If defendants file such a motion, plaintiff shall have thirty (30) days to file a written oppos ition or statement of non-opposition. Plaintiff may file and serve such written opposition or statement of non-opposition electronically in.pdf format if needed, and shall contact the undersigned's courtroom deputy, Casey Schultz, in advance of the filing deadline to arrange for timely electronic filing. Defendants shall then have seven (7) days to file an optional written reply. The court will set a hearing date if it determines that a hearing is required. The remainder of the court's 29 May 20, 2010 order remains in effect.(Duong, D) |
Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 05/20/10 ORDERDING defendants be permitted to conduct limited discovery, due by June 17, 2010; defendants motion challenging jurisdiction due within 60 days; DISMISSING without prejudice 27 Motion for Summary Judgment. (Williams, D) |
Filing 23 ORDER denying 18 Motion to file and serve documents via e-mail and to appear telephonically on all motion hearings signed by Magistrate Judge Kendall J. Newman on 4/5/10. (Kaminski, H) |
Filing 22 ORDER signed by Magistrate Judge Kendall J. Newman on 4/1/10 ORDERING that pltf's 16 Motion to Compel is DENIED as defectively noticed; motion hearing scheduled for 4/15/10 is VACATED. (Owen, K) |
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