Grill v. Quinn
Plaintiff: James S Grill
Defendant: Tom Quinn
Case Number: 2:2010cv00757
Filed: March 30, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Garland E. Burrell
Presiding Judge: Garland E. Burrell
Presiding Judge: Gregory G. Hollows
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None
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Date Filed Document Text
August 1, 2013 Opinion or Order Filing 98 ORDER signed by Judge Garland E. Burrell, Jr. on 8/1/2013. Plaintiff's 72 Motion for Summary Judgment is DENIED as to APA (ANCILA) claim and denied as to prodecural due process claim based on fact that no remedy exists for found violation in c ircumstances of case. Defendant's 83 Cross-Motion for Summary Judgment is GRANTED insofar as the APA (ANCILA) claim is DISMISSED for plaintiff's lack of standing, and GRANTED insofar as plaintiff's procedural due process claim is ultimately barred by lack of standing (injunctive relief) and sovereign immunity (damages). This action is CLOSED. (Marciel, M)
July 29, 2013 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/27/13 ORDERING that Plaintiff's motion for reconsideration, filed July 5, 2013, (ECF No. 93), is denied. (Becknal, R)
June 18, 2013 Opinion or Order Filing 92 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/17/13 DENYING 73 Motion to Amend the Complaint and DENYING 86 Motion to introduce documents into the administrative record; RECOMMENDING that 72 MOTIO N for SUMMARY JUDGMENT be denied as to his APA (ANCILA) claim and denied as to his procedural due process claim based on the fact that no remedy exists for the found violation in the circumstances of this case; and RECOMMENDING 83 CROSS MOTION f or SUMMARY JUDGMENT be granted insofar as the APA (ANCILA) claim chould be dismissed for plaintiff's lack of standing, and granted insofar as plaintiff's procedural due process claim is ultimately barred by lack of standing (injunctive relief) and sovereign immunity (damages); and that this case be closed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days after being served with these findings and recommendations. (Meuleman, A)
November 15, 2012 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/2012 ORDERING Defendant's motion to amend the scheduling order and to continue the hearing on the summary judgment motions, filed 11/8/2012 76 is GRANTED in PART and DENIED in PART. The 11/21/2012 deadline for defendant to file his cross-motion is EXTENDED to 12/6/2012. Plaintiff may file a reply by 12/13/2012. The hearing currently scheduled for 12/6/2012 is CONTINUED to 12/20/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Krueger, M)
September 24, 2012 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/24/2012 ORDERING Plaintiff to file his Motion for Summary Judgment by 10/24/2012; ORDERING Defendant to file his Cross-Motion for Summary Judgment by 11/21/2012; ORDERING Plaintiff to file a Reply, if any, by 12/5/2012. (Michel, G)
July 17, 2012 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/16/12 DENYING 60 Request to reset previously vacated dates. (Manzer, C)
June 29, 2012 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/29/2012 ORDERING 64 Motion to Seal is GRANTED; Docket entry 61 is SEALED; the redacted version of that document which is attached to the Motion to Seal is ORDERED filed. (Waggoner, D) Modified on 6/29/2012 (Waggoner, D).
March 12, 2012 Opinion or Order Filing 55 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/12/2012 CONTINUING the Settlement Conference until 5/10/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Michel, G)
February 27, 2012 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Gregory G. Hollows on 02/27/12 ORDERING that the 50 Motion to Set a Settlement Conference is GRANTED; a Settlement Conference is SET for 04/26/12 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. B rennan with confidential settlement conference statements due 7 days in advance; rather than recommend a formal stay, the undersigned will simply VACATE previously scheduled dates, to be reset in 90 days from this order. No extensions of time will be granted. (Benson, A.)
January 20, 2012 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/19/2012 ORDERING that Plaintiff's 42 motion to compel discovery is GRANTED IN PART and DENIED IN PART. Defendant shall supplement the Administrative Record with documents specified in it ems numbered 1, 2, 3, and 4, and correct the record in regard to item numbered 6, within seven days of this order. Plaintiff shall issue written discovery limited to the subject areas set forth above (ascertaining the existence of heretofore undisclo sed documents related in any fashion to the Forest Service Decision not to permit plaintiff to construct access to his property and Shimke's authority), within fourteen days of this order. Defendant shall have twenty-eight days to respond. Plaintiff shall file his motion for summary judgment by 4/20/2012. Defendant's cross-motion for summary judgment shall be filed by 5/18/2012. Plaintiff may file a reply by 6/1/2012. (Zignago, K.)
December 22, 2011 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/22/11 RESETTING MOTION HEARING as to 42 Motion for Discovery: Motion Hearing reset for 1/12/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. The Joint Statement shall be filed no later than 1/6/12. (Manzer, C)
December 12, 2011 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/12/11: In accordance with the seven days specified by E.D. Cal. L.R. 251, the joint statement shall be filed in no later than seven days before the hearing re discovery motion. The filing deadline, accordingly, will be December 29, 2011. (Kaminski, H)
November 14, 2011 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/11 ORDERING that Plaintiff's MOTION TO COMPEL DISCOVERY, filed 10/13/11 33 is DENIED without prejudice to its renewal after defendant files the administrative record. Defendant shall file the administrative record by 12/1/11, and serve a courtesy copy to chambers. No extensions of time will be granted. Plaintiff is granted permission to utilize the Court's electronic filing system. Plaintiff is directed to contact the Clerks Office, Jeremy Donati, at (916) 930-4053, to provide information necessary to set up a user account, if he has not done so already. (Mena-Sanchez, L)
October 20, 2011 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/20/11 ORDERING that defendant shall file an opposition to 33 Motion to Compel discovery filed by James S. Grill October 27, 2011. (Matson, R)
July 19, 2011 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/18/2011 ORDERING 24 Plaintiff's motion to amend his complaint, filed 3/22/2011, is GRANTED; the amended complaint, is DEEMED filed as of the date of this order; and defendant shall file a response to the amended complaint within 28 days of this order. (Reader, L)
April 14, 2011 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/13/11 ORDERING that the 4/21/11 hearing on the Motion to Amend 24 , filed 3/22/11 is VACATED. The MOTION is submitted on the record. (Mena-Sanchez, L)
March 1, 2011 Opinion or Order Filing 20 ORDER signed by Judge Garland E. Burrell, Jr. on 3/1/2011 FINDINGS AND RECOMMENDATIONS 19 are ADOPTED; and the Forest Service motion 15 to dismiss for lack of jurisdiction is DENIED as to Claim 1, and GRANTED as to Claim 2; the motion to dismiss for failure to state a claim is GRANTED as to Claim 3. (Reader, L)
December 29, 2010 Opinion or Order Filing 19 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/28/10 RECOMMENDING that 15 Second Amended Motion to Dismiss be Denied as to Claim 1 and Granted as to claim 2, the motion to dismiss for failure to state a c laim should be GRANTED as to Claim 3; Within 21 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; ORDERING that any motion to amend to state a claim for lack of procedural due process, or any other proposed amendment, shall be filed no later than fourteen days after the district court adoption of these Findings and Recommendations.(Williams, D)
May 19, 2010 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/19/10 ORDERING that plaintiff's motion to proceed in forma pauperis is GRANTED; the Clerk is directed to issue, and the USM is directed to serve w/i 90 days, including a copy of this court 's status order, without prepayment of costs; The Clerk shall send plaintiff 5 USM-285 form, 1 summons, 1 copy of the complaint, a consent form, and this court's status order; Plaintiff is directed to supply the USM, w/i 15 days, all info e ffect service of process, and shall file a statement that said documents have been submitted to the USM. The USM will require: 1 summons, 5 completed USM-285; 6 copies of the endorsed filed complaint; 6 copies of this court's status order; and 6 copies of the instant order; and the Clerk is directed to serve a copy of this order on the USM. (cc USM)(Becknal, R)
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Plaintiff: James S Grill
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Defendant: Tom Quinn
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