Johnson v. Mitchell et al

Johnson v. Mitchell et al

Plaintiff:	Shepard Johnson
Defendant:	Monte Watson, Chester Mitchell, Catherine Mitchell, Julie Anne Kahler and Martha Thomas
Case Number:	2:2010cv01968
Filed:	July 23, 2010
Court:	US District Court for the Eastern District of California
Office:	Sacramento Office
County:	Sacramento
Presiding Judge:	Gregory G. Hollows
Presiding Judge:	Garland E. Burrell
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By:	Both

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Date Filed	Document Text
June 17, 2013	Filing 302 ORDER signed by Judge Garland E. Burrell, Jr on 6/17/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/10/13 295 are ADOPTED and Defendant Solarte is DISMISSED for failure to serve process pursuant to FRCP 4(m).(Mena-Sanchez, L)
May 14, 2013	Filing 297 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/14/2013 RECOMMENDING that 245 judgment be awarded to defendants as provided in these recommendations, and that plaintiff's 258 counter-motion be denied; this rec ommendation, if adopted, resolves the entire case, and it should be closed; Matter referred to Judge Garland E. Burrell, Jr. Any party may file objections to F&R within 14 days after being served; parties are advised that failure to file objections timely may waive the right to appeal. (Waggoner, D)
May 10, 2013	Filing 295 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/10/13 RECOMMENDING that Defendant Solarte be dismissed for failure to serve process pursuant to Federal Rule of Civil Procedure 4(m). Matter referred to Judge Garland E. Burrell, Jr.. 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. (Kastilahn, A)
February 15, 2013	Filing 288 ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/14/2013 GRANTING, in part, DENYING, in part, Plaintiff's Request for Judicial Notice; DENYING Plaintiff's Request for Fees and Costs; RECOMMENDING that the 229 Motion to Dismiss be granted; RECOMMENDING that Defendants Berrocal and Arosemena be dismissed from this action. Motion referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)
February 14, 2013	Filing 287 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/13/13 ORDERING that the dismissal with prejudice is GRANTED; the parties agree to bear their own costs and attorneys. (Becknal, R)
January 17, 2013	Filing 267 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/16/13 ORDERING that Plaintiff's Request 266 to exceed the 25 page limit imposed by the 3/2/12 order is DENIED. (Mena-Sanchez, L)
December 5, 2012	Filing 256 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/5/12 ORDERING that the hearing currently set for 12/20/12 is VACATED and RESET for 1/31/2013 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Plaintiff shall fil e his opoosition and/or his Cross-Motion for Summary Judgment against defendants by 1/3/13. The total number of pages included in Plantiff's filing (brief) shall not exceed 35. Any pages exceeding the 35-page limit will be stricken. Defendants shall file one, consolidated reply to Plaintiff's opposition or Cross-Motion for Summary Judgment by 1/24/13. (Mena-Sanchez, L)
October 10, 2012	Filing 228 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/9/2012 ORDERING that the deadline by which defendants shall file one, consolidated motion for summary judgment is 11/21/2012. At this time, plaintiff may move for an entry of default against defendants Arosemena, Berrocal, Kahler, Lynch and Wand pursuant to Fed. R. Civ. P. 55(a). Plaintiff shall file his opposition, if any, and /or his cross-motion for summary judgement against defendants by 12/6/2012. Defendants shall file one, conso lidated reply to plaintiff's opposition or cross-motion for summary judgment by 12/13/2012. A hearing on the motions for summary judgment will be held on 12/20/2012. The undersigned FURTHER ORDERS Plaintiff shall file with the court, within te (10) days from the date upon which this order is issued, a declaration setting forth the date and manner in which service of process was completed as to defendants Reinhold and Solarte. Defendants Arosemena, Berrocal, Hammond, Kahler, Lynch, Tornga and Wand shall show cause in writing, within 20 days of entry of this order, why an entry of default or other sanctions should not be entered against them for their failure to comply with court orders. (Zignago, K.)
August 29, 2012	Filing 223 ORDER signed by Judge Garland E. Burrell, Jr on 8/29/12 ADOPTING IN FULL 222 Findings and Recommendations; Plaintiffs claims against defendant Ford Hermanson are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 21 and defendant Ford Hermanson is DISMISSED from the action. (Meuleman, A) Modified on 8/29/2012 (Meuleman, A).
August 8, 2012	Filing 222 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 8/7/12 ORDERING 221 Reply filed by Ford Hermansen be STRICKEN and DENYING 219 Motion for Reconsideration. Status (Pretrial Scheduling) Conference set for 10/4 /2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; status report due no later than 9/27/12. All discovery shall remain STAYED until the court's status conference has taken place. IT IS ALSO HEREBY RECOMMENDED that plaintiff's claims against defendant Ford Hermanson be dismissed without prejudice pursuant to FRCP 21 and that defendant Ford Hermanson be dismissed from the action. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A)
July 31, 2012	Filing 218 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/31/2012 ORDERING that plaintiff's unauthorized reply brief and supporting documentation (dkt. nos. 216 , 217 ) are STRICKEN. (Zignago, K.)
July 19, 2012	Filing 213 ORDER signed by Judge Garland E. Burrell, Jr on 7/18/12 ORDERING 210 Findings and Recommendations are ADOPTED IN FULL; Defendant Patricia Hermanson's motion to dismiss for lack of personal jurisdiction (dkt. no. 193) is GRANTED IN PART and plaintiff's claims against defendant Patricia Hermanson are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the United States District Court for the District of Minnesota.(Matson, R)
June 26, 2012	Filing 210 ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/25/2012 GRANTING 209 Request for Oral Hearing; SETTING a Hearing on the matter of Defendant Ford Hermanson's domicile for 8/2/2012 at 10:00 AM in Courtro om 9 (GGH) before Magistrate Judge Gregory G. Hollows; RECOMMENDING that Defendant Patricia Hermanson's 193 Motion to Dismiss for Lack of Personal Jurisdiction be granted in part; RECOMMENDING that the plaintiff's claims against Defendant Patricia Hermanson be severed and transferred to the United States District Court for the District of Minnesota. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)
June 1, 2012	Filing 203 ORDER ADOPTING 197 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 05/31/12 and ORDERING that defendants Mode and Yarrington's 179 Motion to Dismiss for lack of personal jurisdiction is GRANTED IN PART; plaint iff's claims against defendants Mode and Yarrington are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the U.S. District Court for the District of Vermont. Defendant Ford Hermansen's 151 Motion to Dismiss for lack of personal jurisdiction is DENIED. (Benson, A.)
May 10, 2012	Filing 200 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/10/12, RECOMMENDING that Defendant Kim Parsons's 181 motion to dismiss for lack of personal jurisdiction be granted in part and that plaintiff's claims agains t defendant Parsons be severed under Fed. R. Civ. P. 21 and transferred to the United States District Court for the District of Colorado. Defendant Kim Parsons's motion to dismiss for failure to state a claim upon which relief can be granted pur suant to Fed. R. Civ. P. 12(b)(6) be denied without prejudice. Plaintiff's request for leave to amend the third amended complaint be denied. Case referred to Judge Garland E. Burrell, Jr.. 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. (Kastilahn, A)
May 4, 2012	Filing 197 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/4/2012 ORDERING Plaintiff to file and serve either (a) a Brief and Declaration re Defendant Hermansen's residence as of 10/28/2010, or (b) a Request for Di smissal of Defendant Hermansen; ORDERING Defendant Hermansen to Reply to the Brief and Declaration, if submitted, within 21 days of service; RECOMMENDING that the 179 Motion to Dismiss the 119 Third Amended Complaint for lack of personal jurisdic tion be granted in part and that Plaintiffs claims against Defendants Mode and Yarrington be severed under F.R.Cv.P. 21 and transferred to the U.S. District Court for the District of Vermont; RECOMMENDING that the 151 Motion to Dismiss the 119 Third Amended Complaint for lack of personal jurisdiction be denied. Motions referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)
May 1, 2012	Filing 194 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/30/12 GRANTING 192 Motion for Extension for filing a motion to dismiss for lack of personal jurisdiction. Plaintiff shall file any opposition to 193 MOTION to DISMISS for LACK of JURISDICTI ON filed by Patricia Hermanson within 21 days of the date of service of this order. Defendant Patricia Hermansen shall file any reply brief within 14 days of service with plaintiff's opposition, after which the motion shall be submitted on the record without oral argument. (Meuleman, A)
April 23, 2012	Filing 191 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/20/12 ORDERING that Plaintiff's motion for leave to serve process on defendants Berrocal and Arosemena 190 is GRANTED along the terms outlined in this order; Within seven (7) days of the date of service of this order, plaintiff shall effectuate service by having the required service papers and a copy of this order served on defendants Berrocal and Arosemena via BOTH: (a) e-mail, at all known e-mail addresses for each defendant, and (b) U.S. Express Mail International, all postage pre-paid, at all known mailing addresses for each defendant. Plaintiff shall also file a declaration from the process server indicating the date on which both methods of service were accomplished; Service will be deemed complete within 14 days after the papers to be served by U.S. Express Mail International are deposited in the mail. (Becknal, R)
April 13, 2012	Filing 189 ORDER signed by Magistrate Judge Gregory G. Hollows on 4/13/12 VACATING the 4/19/12 hearing on dfts' 151 and 179 Motions to Dismiss; these motions are submitted on the record without oral argument. In regards to dft Kim Parson's 181 Motion to Dismiss, pltf shall file an opposition within 21 days; dft Parsons shall file any reply within 14 days thereafter. (Manzer, C)
March 30, 2012	Filing 182 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/30/12 DENYING 180 Plaintiff's Motion for Extension of time. (Donati, J)
March 22, 2012	Filing 178 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/22/12; Plaintiff's motion for leave to serve defendant Kim Parsons with process by publication (dkt. no. 173) is granted; Defendant Kim Parsons shall be served by publication pursuant to F ed. R. Civ. P. 4(e)(1) and Cal. Civ. Proc. Code § 415.50; Within seven (7) days of this order, plaintiff shall make arrangements to publish summons for defendant Parsons in the Sacramento Bee newspaper and in Boulder, Colorado's Daily Camer a newspaper once a week for four successive weeks, and shall file a declaration indicating when the notices will be published. Service will be deemed complete as provided in Cal. Gov't Code § 6064; Within seven (7) days of this order, plain tiff shall send copies of the summons, operative complaint, and this order for publication to defendant Parsons via mail and e-mail at all of her known mailing addresses and e-mail addresses. Furthermore, a copy of the summons, the operative complaint, and this order for publication shall be forthwith sent to defendant Parsons at any additional address or e-mail address ascertained before expiration of the time prescribed for publication of the summons.(Matson, R)
March 16, 2012	Filing 171 ORDER granting in part 170 Motion for Reconsideration signed by Magistrate Judge Gregory G. Hollows on 3/16/12. (Kaminski, H)
March 2, 2012	Filing 169 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/2/12 DENYING 168 Motion to continue Decision, DENYING 143 Motion for Leave to Conduct Discovery, DISCHARGING 154 Order to Show Cause and LIMITING Plaintif f's future filings. Plaintiff is GRANTED a final 60-day period within which to complete service of process on all defendants. It is HEREBY RECOMMENDED that Plaintiff's claims against defendants Cohen, Smith and Fine be dismissed without pre judice. It is FURTHER RECOMMENDED that the 131 Motion to Dismiss Motion to Dismiss filed by Martha Thomas be granted in part, plaintiff's claims against Thomas be severed pursuant to FRCP 21 and these claims be transferred to the United States District Court, District of Colorado. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Donati, J)
January 31, 2012	Filing 156 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/31/2012 VACATING the Motion Hearing on 2/16/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows, GRANTING IN PART 155 Motion th Continue, ORDERING Plaintiff to show cause in writing by 2/23/2012 as to why Defendants Arosemena, Berrocal, Reinhold, Smith, Fine, Parsons and Solarte Inn Corporation should not be dismissed pursuant to F.R.Cv.P. 41(b). (Michel, G)
January 27, 2012	Filing 154 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/27/2012. Plaintiff shall either file a Brief addressing propriety of subject matter jurisdiction or move to dismiss U.S. Citizen defendants no later than 2/16/2012. The 2/9/20102 Hearing of def endant Martha Thomas's 141 Motion to Dismiss is VACATED. Plaintiff shall file a Response to Motion no later than 2/16/2012. Defendant Thomas may file a Reply by 2/23/2012. Plaintiff's 143 Motion for Jurisdictional Discovery is taken UND ER SUBMISSION. Defendant Ford Hermansen's 151 Motion to Dismiss for Lack of Personal Jurisdiction Hearing is RE-SET for 4/19/2012 at 10:00 AM in Courtroom 9 (GGH). Any other defendants intending to file a Motion to Dismiss shall file such by 3 /22/2012 and notice for hearing on 4/19/2012 at 10:00 before Magistrate Judge Hollows. No later than 2/16/2012, plaintiff shall SHOW CAUSE, in writing, why defendants Rogelio Arosemena, Manuel Berrocal, Peter Reinhold, Maurine E. Smith, Susan Fine, K im Parsons, and Solarte Inn Corporation should not be dismissed for failure to prosecute. Discovery in this matter will remain STAYED pending final resolution of issue of subject matter jurisdiction as well as any Motions to Dismiss for lack of personal jurisdiction. (Marciel, M)
November 3, 2011	Filing 118 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/3/11 ORDERING that the 11/10/11 hearing on Plaintiff's Motion for Leave to file a third Amended Complaint is vacated. Defendants Kahler and Tornga's answers and/or Motions to Dismiss 102 and 113 are DENIED without prejudice. Plaintiff's Motion for Leave to file a third amended Complaint 111 is GRANTED. Plaintiff shall file and serve the third Amended complaint on the defendants who have already been served with process within fourteen (14) days of the date of service of this order. A Status Conference is SET for 1/26/2012 at 10:00 AM. (Mena-Sanchez, L)
September 27, 2011	Filing 103 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/26/2011 GRANTING 83 Motion for Reconsideration, no additional service of process on Dfts. Martha Thomas and Sondra Tornga is required, Pltf. shall serve the Second Amended Complaint on these Dfts. withing 28 days, Dfts. Response due within 28 days of being served; DENYING without prejudice 82 , 86 , 90 and 91 Motions to Dismiss, these Dfts. Responses' to Pltf's. Second Amended Complaint due withing 28 days. Motion Hearing scheduled for 10/6/2011 is VACATED. (Michel, G)
August 23, 2011	Filing 78 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/22/11 granting 36 , 38 , 39 , 77 Motions to Set Aside and 71 Motion to Amend the Complaint: The hearing on the motion to amend is vacated from the calendar for September 1, 2011. (Kaminski, H)
July 26, 2011	Filing 73 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/25/2011 ORDERING that plaintiff shall file oppositions to the 36 38 39 motions to set aside entry of default within fourteen (14) days of this order. No further extensions will be granted. These motions will then be taken under submission without a hearing.(Duong, D)
June 7, 2011	Filing 68 ORDER signed by Judge Garland E. Burrell, Jr on 6/7/11 ADOPTING 62 Findings and Recommendations, GRANTING 25 Trustee's Motion to Intervene and DENYING 27 Trustee's Motion to Dismiss. (Donati, J)
June 1, 2011	Filing 67 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/27/11 DENYING 63 Motion to Deny Trustee's Intervention filed by Shepard Johnson, and DENYING without prejudice 64 Request for Continuance filed by Shepard Johnson. (Meuleman, A)
February 16, 2011	Filing 58 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/15/2011 ORDERING that Plaintiffs 55 motion for clarification, filed February 9, 2011, is GRANTED in part. Plaintiff's opposition to the motions to set aside entry of default, filed Janu ary 18, 2011, shall be due within fourteen days of an order adopting or rejecting this court's findings and recommendations disposing of the trustee's motions to intervene and to dismiss. Any reply may be filed within seven days after an opposition is filed. No sur-reply is permitted.(Duong, D)
February 8, 2011	Filing 54 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/7/11 ORDERING that the March 3, 2011 hearing on 36 38 39 motions to set aside entry of default, filed by defendants Catherine Mitchell, Chester Mitchell, and David Miner on January 18, 20 11 is vacated. The motions shall be submitted for decision without oral argument after all briefing has been filed. Plaintiff's 31 request for extension of time in which to file motions for default judgments, filed January 13, 2011, is DENIED without prejudice. Plaintiff shall not file any motions for default judgment until after the motions to intervene and dismiss have been decided, and until after defendants motions to set aside entry of default have been decided.(Duong, D)
February 4, 2011	Filing 52 ORDER signed by Magistrate Judge Gregory G. Hollows on 02/04/11 ORDERING that plf's 32 Motion for Leave to File Electronically is GRANTED. (Benson, A.)

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Plaintiff: Shepard Johnson
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Defendant: Monte Watson
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Defendant: Chester Mitchell
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Defendant: Catherine Mitchell
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Defendant: Julie Anne Kahler
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Defendant: Martha Thomas
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