United States of America v. Molen et al
| United States of America |
| James O. Molen, Sandra L. Molen, Black Hole Adventures (Trust), William E. Baker, John Hugh Van Auken, Franchise Tax Board of California, California Employment Development Department, Butte County Assessor, Household Bank S.B. N.A., Advanta Bank Corporation, Citibank South Dakota N.A., MBNA America Bank, Asset Acceptance LLC, Wells Fargo Bank, N.A. and James Orbin Molen Limited Partnership |
| 2:2010cv02591 |
| September 23, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Morrison C. England |
| Taxes (US Plaintiff or Defendant) |
| 26 U.S.C. ยง 7403 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
347
ORDER CONFIRMING SALE AND DISTRIBUTING PROCEEDS signed by District Judge Morrison C. England, Jr. on 2/26/2018. (cc: Financial) (Zignago, K.)
|
|
Filing
336
ORDER TO VACATE PREMISES signed by District Judge Morrison C. England, Jr on 10/6/2017 ORDERING Every person occupying the Property at 189 Connors Avenue in Chico, California is ordered to vacate and depart from the Property, taking with them all of their personal property, no later than 12 oclock p.m. (noon) on 11/2/2017. At any time after noon on 11/2/2017, the United States Marshal for the Eastern District of California are authorized and directed to take all actions necessary to enter the Property, at any time of the day or night, and evict and eject all unauthorized persons located there. (cc USM) (Washington, S) Modified on 10/11/2017 (Washington, S).
|
|
Filing
334
ORDER OF JUDICIAL SALE signed by District Judge Morrison C. England, Jr on 10/5/17 GRANTING the United States' 330 Motion for Order of Judicial Sale. (Becknal, R)
|
|
Filing
325
ORDER signed by District Judge Morrison C. England, Jr., on 8/7/17, ORDERING that defendant's 322 Motion to Quash is DENIED. No further filings from this Defendant will be entertained, and any such filings will be summarily disregarded. (Kastilahn, A)
|
|
Filing
321
JUDGMENT dated *7/11/2017* pursuant to order signed by District Judge Morrison C. England, Jr on 7/11/2017. (Washington, S)
|
|
Filing
319
ORDER signed by District Judge Morrison C. England, Jr. on 6/16/2017 ORDERING that judgment by default is entered against James O. Molen, that he filed a refund request for employment taxes for the first quarter of 2000, a refund to which he was no t entitled, with fraudulent intent. The fraud penalty for that period is sustained and the assessments were timely. Not later than thirty (30) days following the date this order is electronically filed, the United States is directed to lodge a proposed final judgment under Rule 58 setting forth all of the matters decided in this case. (Zignago, K.)
|
|
Filing
318
ORDER signed by District Judge Morrison C. England, Jr. on 5/31/2017 ORDERING 308 Plaintiff's Motion for Reconsideration is DENIED as untimely. (Reader, L)
|
|
Filing
310
ORDER signed by District Judge Morrison C. England, Jr on 11/29/16 ORDERING at the request of the parties, the hearing on the pending motion for reconsideration 308 is CONTINUED to 2/9/17 at 02:00 PM in Courtroom 7. (Becknal, R)
|
|
Filing
300
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 9/27/16 ORDERING the Custodian to produce James O. Molen at 11/2/16 at 9:00 a.m. in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Washington, S)
|
|
Filing
290
SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr., on 7/6/16 ORDERING that the Final Pretrial Conference is SET for 9/22/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.. Th e parties shall file, not later than 9/8/2016, a Joint Final Pretrial Conference Statement. The parties shall file trial briefs not later than 9/8/2016. Any evidentiary or procedural motions are to be filed by 9/1/2016. Oppositions must be filed by 9/8/2016 and any reply must be filed by 9/15/2016. A Bench Trial is SET for 10/31/2016 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.., (Kastilahn, A)
|
|
Filing
285
ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/2016 DENYING Defendant James O. Molen's filings at ECF Nos. 232 , 238 , 239 , 246 , 247 , 250 , 251 , 252 , 255 , 258 , 262 , 263 , 265 , 269 , 277 , 278 , and 283 ; DEN YING and/or DISREGARDING Defendant John Hugh Van Auken's filings at ECF Nos. 236 , 242 , 245 , 248 , 249 , 256 , 266 , 271 , 272 , 274 , 275 , 279 , 280 , 281 , 282 , and 284 ; CAUTIONING said defendants that any future filings m aking the same frivolous arguments and taking the same disingenuous positions as those set forth in the filings discussed above will be summarily disregarded, and will result in the imposition of appropriate sanctions against the filing party. (Michel, G.)
|
|
Filing
270
ORDER signed by Chief Judge Morrison C. England, Jr. on 02/29/16 ORDERING that plaintiff's 244 Motion for Summary Judgment is DENIED. The Court finds that the state tax liens recorded in 2001, 2003, and May 2004 are senior to the federal tax lien recorded in December 2004. (Benson, A)
|
|
Filing
240
ORDER signed by Chief Judge Morrison C. England, Jr. on 9/18/2015. In an 235 Order dated 6/23/2015, the Court adopted the Magistrate Judge's 229 Findings and Recommendations and granted plaintiff's 200 Motion for Default Judgment. Shor tly thereafter, defendant John Hugh Van Auken filed additional 236 Objections to Findings and Recommendations, and defendant James O. Molen filed three documents: 237 "Reply to United States' Reply to Defendant's Objections" a nd two 238 239 "Affidavit[s] of Truth in support of Objection to Order". The Court has reviewed each of these documents and finds they do NOT affect Magistrate Judge's analysis or Court's 235 Order dated 6/23/2015. That Order shall REMAIN IN EFFECT. Additionally, Court has reviewed defendant James O. Molen's 230 Motion to Correct the Record. Because that Motion is without merit, it is hereby DENIED. (Marciel, M)
|
|
Filing
235
ORDER signed by Chief Judge Morrison C. England, Jr on 6/23/15 ORDERING the proposed findings and recommendations filed 5/26/15, are ADOPTED; Plaintiffs motion for default judgment 200 is GRANTED; Judgment is entered in Plaintiffs favor and again st the following Defendants: Black Hole Adventures, a Family Trust, by William Baker and John Van Auken, Trustees; James Orbin Molen Limited Partnership; Household Bank S.B. N.A.; Advanta Bank Corp.; Citibank South Dakota, N.A.; Asset Acceptance L LC; and Wells Fargo Bank N.A; It is declared that Defendants James Orbin Molen Limited Partnership and Black Hole Trust are nominees of Defendants James O. Molen and Sandra L. Molen with regard to the transfers of the 189 Connors Ave property, an d therefore have no ownership interest in the property and no right to any distribution of sale proceeds; It is declared that Plaintiff's federal tax liens on the 189 Connors Ave property are superior to any liens or other interests in the pr operty that may be held by Defendants Household Bank S.B. N.A.; Advanta Bank Corp.; Citibank South Dakota, N.A.; Asset Acceptance LLC; and Wells Fargo Bank N.A.; The federal tax liens of the United States upon the real property of Defendants Jam es O. Molen and Sandra L. Molen, located at 189 Connors Avenue, Chico, CA 95926 are to be foreclosed upon and the property is to be sold; Following the entry of judgment, Plaintiff is directed to submit any appropriate proposed orders to effectua te the foreclosure and sale of the property located at 189 Connors Ave, Chico, CA 95926; and Defendant James O. Molen's motions for default judgment 192 , 221 ) and to "strike venue and jurisdiction over defendants" 211 219 are denied. (cc Financial)(Becknal, R)
|
|
Filing
229
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/22/2015 ORDERING that that John Hugh Van Auken's 214 "motion for settlement" and 215 "motion to strike" the undersigned's 2/27 /2015 minute order are DENIED. IT IS HEREBY RECOMMENDED that Plaintiff's 200 motion for default judgment be granted. Judgment be entered in plaintiff's favor and against the following defendants: Black Hole Adventures, a Family Trust, by William Baker and John Van Auken, Trustees; James Orbin Molen Limited Partnership; Household Bank S.B. N.A.; Advanta Bank Corporation; Citibank South Dakota, N.A.; Asset Acceptance LLC; and Wells Fargo Bank N.A. It be declared that defendants James O rbin Molen Limited Partnership and Black Hole Trust are nominees of defendants James O. Molen and Sandra L. Molen with regard to the transfers of the 189 Connors Avenue property, and therefore have no ownership interest in the property and no r ight to any distribution of sale proceeds. It be declared that plaintiff's federal tax liens on the 189 Connors Avenue property are superior to any liens or other interests in the property that may be held by defendants Household Bank S.B. N.A.; Advanta Bank Corporation; Citibank South Dakota, N.A.; Asset Acceptance LLC; and Wells Fargo Bank N.A.. The federal tax liens of the United States upon the real property of defendants James O. Molen and Sandra L. Molen, located at 189 Co nnors Avenue, Chico, California 95926 be ordered foreclosed and the property be ordered sold. Following the entry of judgment, plaintiff be directed to submit any appropriate proposed orders to effectuate the foreclosure and sale of the property located at 189 Connors Avenue, Chico, California 95926. Defendant James O. Molen's 192 , 221 motions for default judgment and to 211 , 219 "strike venue and jurisdiction over defendants" be denied. Motions referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days. (Zignago, K.)
|
|
Filing
195
ORDER CONTINUING TRIAL signed by Chief Judge Morrison C. England, Jr. on 12/10/2014. The Bench Trial is VACATED and CONTINUED to 4/20/2015 at 9:00 AM in Courtroom 7 (MCE). Parties shall file Trial Briefs no later than 3/5/2015. Final Pretrial Confere nce is VACATED and RE-SET for 3/19/2015 at 2:00 PM in Courtroom 7 (MCE). Parties shall file the Joint Final Pretrial Statement by 2/26/2005. Any Evidentiary or Procedural Motions shall be filed by 2/26/2015. Oppositions must be filed by 3/5/2015 and any Replies are due by 3/12/2015. Motions will be heard by Court at same time as Final Pretrial Conference. (Marciel, M)
|
|
Filing
176
ORDER TO CONTINUE TRIAL signed by Chief Judge Morrison C. England, Jr on 7/28/14 CONTINUING Bench Trial to 2/23/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Trial briefs due not later than 12/23/14. Final Pretrial Conference CONTINUING to 1/8/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Joint Final Pretrial Statement due not later than 12/16/14. Any evidentiary or procedural Motions are to be filed by 12/16/2014. Oppositions due by 12/23/2014; Replies due by 12/30/2014. Due to the Court's high civil caseload, the parties are encouraged to consider consenting to a jury or nonjury trial before the assigned Magistrate Judge as well as availing themselves of the Court's Alternative Dispute Resolution programs. (Meuleman, A)
|
|
Filing
174
ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/14 ORDERING that the Proposed FINDINGS AND RECOMMENDATIONS filed 5/21/14 172 are ADOPTED. Plaintiff's Motion for Partial Summary Judgment 148 is GRANTED. The Clerk shall enter j udgment against James O. Molen in the amount of $194,025.86 for unpaid federal employment tax and $5,843.85 for frivolous return penalties, plus additional interest and other statutory additions that have accrued since 11/30/13. The Clerk shall enter judgment against Sandra Molen in the amount of $3,867.27 for frivolous return penalties, plus additional interest and other statutory additions that have accrued since 11/30/13. The Clerk shall enter judgment against the James Orbin Molen Limited Partnership in the amount of $19,092.67 plus additional interest and other statutory additions that have accrued since 11/30/13.(Mena-Sanchez, L)
|
|
Filing
172
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/21/14 RECOMMENDING that Plaintiff's 148 Motion for Partial Summary Judgment be granted; that judgment be entered against James O. Molen in the amount of $194, 025.86 for unpaid federal employment tax and $5,843.85 for frivolous return penalties, plus additional interest and other statutory additions that have accrued since 11/30/13; that judgment be entered against Sandra Molen in the amount of $ 3,867.27 for frivolous return penalties, plus additional interest and other statutory additions that have accrued since 11/30/13; that judgment be entered against the James Orbin Molen Limited Partnership in the amount of $19,092.67 plus additional interest and other statutory additions that have accrued since 11/30/13. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
|
|
Filing
169
ORDER CONTINUING TRIAL signed by Chief Judge Morrison C. England, Jr. on 4/22/2014. Jury Trial is VACATED and RE-SCHEDULED for 10/20/2014 at 9:00 AM in Courtroom 7 (MCE). Parties shall file Trial Briefs no later than 7/31/2014. Accordingly, the 6/12/ 2014 Final Pretrial Conference is VACATED and RE-SET for 8/21/2014 at 2:00 PM in Courtroom 7 (MCE). Joint Final Pretrial Statement due no later than 7/31/2014. Any Evidentiary or Procedural Motions are to be filed 7/31/2014. Oppositions must be filed by 8/7/2014 and Replies must be filed by 8/14/2014. (Marciel, M)
|
|
Filing
168
ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/14 DENYING 164 Motion in Limine. (Manzer, C)
|
|
Filing
160
ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 2/14/14 ORDERING that the 3/13/14, hearing 148 is VACATED and CONTINUED until 4/1/2014. No later than 2/24/14, defendant shall file an amended opposition that complies wi th the Court's 12/12/13, and 1/27/14, orders as well as the requirements of FRCP 56 and Eastern District Local Rule 260(b), including but not limited to the filing of a Separate Statement of Disputed Facts. No later than 2/24/14, Defendant s hall also file a statement showing cause why sanctions should not be imposed for his failure to file an amended opposition in accordance with the Court's order. No later than 3/3/14, Plaintiff may file a Reply to Defendant's Amended Opposition.(Mena-Sanchez, L)
|
|
Filing
159
ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/14: The December 12, 2013, order to show cause 156 is DISCHARGED. Plaintiff's November 22, 2013, Motion for Partial Summary Judgment 148 is deemed timely filed. Defendant shall file an amended opposition to plaintiff's Motion for Partial Summary Judgment no later than February 6, 2014. Plaintiff shall file a reply, if any, no later than February 13, 2014. (Kaminski, H)
|
|
Filing
156
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/12/13 ordering Show Cause Response from Plaintiff due on or before 1/16/2014. On or before 1/16/14, defendant shall file a declaration explaining what prejudice, if an y, he has suffered by the pending motion's having been filed one day late. Without making any pre-determination as to whether the pending motion might be deemed timely, the undersigned ORDERS defendant to file an Amended Opposition that substa ntively addresses the arguments and factual/evidentiary assertions made in the pending motion and complies with the requirements of Federal Rule of Civil Procedure 56 and Eastern District Local Rule 260(b), including but not limited to the filing of a Separate Statement of Disputed Facts. The Amended Opposition shall be filed on or before 2/6/14. The undersigned's ordering the filing of an Amended Opposition should not be construed as a pre-determination that the late-filed motion will ne cessarily be deemed timely. On or before 2/13/14, plaintiff may file Reply briefing to address defendant's above-described amended Opposition. The undersigned's setting a deadline to file Reply briefing should not be construed as a pre-de termination that the late-filed motion will necessarily be deemed timely. The hearing on plaintiff's Motion for Partial Summary Judgment (ECF No. 148) currently set for 1/23/14, is CONTINUED to 3/13/14 at 10:00 a.m., in Courtroom 25. The undersigned's setting such hearing date should not be construed as a pre-determination that the late-filed motion will necessarily be deemed timely. (Meuleman, A)
|
|
Filing
147
ORDER signed by Magistrate Judge Kendall J. Newman on 10/8/2013 ORDERING that pursuant to the parties' joint request, plaintiff's pending 139 motion for partial summary judgment is WITHDRAWN, and the associated hearing date of 10/24/2013 , is VACATED. The deadline for filing dispositive motions as stated in operative 132 Scheduling Order is CONTINUED from 9/20/2013, to 11/21/2013. A hearing on plaintiff's revised motion for partial summary judgment is set for 1/23/2014, at 1 0:00 a.m., in Courtroom 25. Plaintiff's revised motion for partial summary judgment shall be filed no later than 11/21/2013. Defendant's opposition shall be filed no later than 1/2/2014. Plaintiff's reply shall be filed no later than 1/9/2014. (Zignago, K.)
|
|
Filing
144
ORDER CONTINUING TRIAL signed by Chief Judge Morrison C. England, Jr. on 9/24/2013. Bench Trial is VACATED and RE-SCHEDULED for 8/4/2014 at 9:00 AM in Courtroom 7 (MCE). Parties shall file Trial Briefs no later than 5/29/2014. Accordingly, the 12/5/2 013 Final Pretrial Conference is VACATED and RE-SET for 6/12/2014 at 2:00 PM in Courtroom 7 (MCE). Joint Final Pretrial Statement due no later than 5/22/2014. Any Evidentiary or Procedural Motions are to be filed 5/22/2014. Oppositions must be filed by 5/29/2014 and Replies must be filed by 6/5/2014. (Marciel, M)
|
|
Filing
138
ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/13 ORDERING that Defendant's filing at ECF No. 134 expressly seeks no relief from the court and is construed as a meet and confer communication intended for defendant's counsel. The court therefore disregards the filing. Going forward, defendant shall not file meet and confer communications with the court unless they are filed as exhibits to a proper Joint Statement Re Discovery Disagreement or motion to compel. Meet and confer communications and/or discovery requests/responses that are filed as stand-alone documents unaffiliated with a currently-pending motion will be summarily disregarded. (Becknal, R)
|
|
Filing
137
ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/13 ORDERING that Defendant's MOTION for more definite Statement of Claims 133 is DENIED. (Mena-Sanchez, L)
|
|
Filing
132
ORDER signed by Magistrate Judge Kendall J. Newman on 4/11/2013. Pursuant to parties Stipulation and good cause appearing, Courts 110 Order modifying 76 Scheduling Order and setting Discovery completion date of 1/7/2013, is MODIFIED to state an Amended Discovery completion date of 9/20/2013. All Dispositive Motion shall also be filed on or before that same date. The word completed in this context means that all Discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate Order by 9/20/2013. Where discovery has been ordered, the order has been complied with by 9/20/2013. To extent that defendant intended his 131 Reply Brief to serve as Request for Reconsideration of Court's 127 129 Orders, the Request is DENIED. (Marciel, M)
|
|
Filing
129
ORDER signed by Magistrate Judge Kendall J. Newman on 3/7/13 ORDERING that the 128 Motion is submitted on the papers without oral argument and the 3/28/13 hearing is VACATED; the filing is partiall contrused as a request for reconsideration of t he 127 Order and is DENIED; the filing is partially construed as a motion to compel additional discovery, and for sanctions, and is DENIED; the filing is partially construed as a motion for relief from the scheduling order and as to this motion for relief from the scheduling order, the plaintiff shall file an opposition or statement of non-opposition on or before 3/25/13; defendant may file a reply brief by 4/8/13. (Manzer, C)
|
|
Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 1/17/13: Defendant's filings at Docket Numbers 125 and 126 are construed as motions to compel discovery and are denied. (Kaminski, H)
|
|
Filing
124
ORDER signed by Magistrate Judge Kendall J. Newman on 11/26/2012 DENYING defendant's 123 Motion to Compel without prejudice to re-filing. Hearing on Motion is hereby VACATED. (Marciel, M)
|
|
Filing
122
ORDER signed by Judge Morrison C. England, Jr on 10/30/12 ORDERING the bench trial is vacated and continued to February 3, 2014, at 9:00 a.m. in Courtroom 7. The parties shall file trial briefs not later than November 21, 2013; the July 11, 2013 F inal Pretrial Conference is vacated and continued to December 5, 2013, at 2:00 p.m. in Courtroom 7. The Joint Final Pretrial Statement is due not later than November 14, 2013; Any evidentiary or procedural motions are to be filed by November 14, 201 3. Oppositions must be filed by November 21, 2013 and any reply must be filed by November 28, 2013. The motions will be heard by the Court at the same time as the Final Pretrial Conference. All other due dates set forth in the Courts Scheduling Order are confirmed.(Matson, R)
|
|
Filing
121
NON-RELATED CASE ORDER signed by Magistrate Judge Edmund F. Brennan on 7/17/12.(Mena-Sanchez, L)
|
|
Filing
119
ORDER signed by Magistrate Judge Kendall J. Newman on 7/12/12 DENYING 111 and 113 Motions. (Manzer, C)
|
|
Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/12 GRANTING 108 Motion to Modify the Pretrial Scheduling Order; Designation of Expert Witnesses due by 9/7/2012. Discovery due by 1/7/2013. Dispositive Motions filed by 3/7/2013. Bench Trial set for 8/12/2013 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Final Pretrial Conference set for 7/11/2013 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Manzer, C)
|
|
Filing
107
ORDER signed by Magistrate Judge Kendall J. Newman on 2/1/2012 ORDERING Defendants James and Sandra Molens' "Notice of Motion and Motion And Demand For Jury Trial" 81 , and "Notice of Motion And Motion For Jury Trial And Demand F or Jury Trial' 85 are DENIED. Trial in this case shall remain a court trial. Fed. R. Civ. P. 39(b) ("Issues on which a jury trial is not properly demanded are to be tried by the court."). Plaintiff the United States of America's "Counter-Motion To Strike Jury Trial Demand" 89 is DENIED without prejudice. (Reader, L)
|
|
Filing
105
ORDER signed by Magistrate Judge Kendall J. Newman on 10/25/2011 ORDERING Defendants' filing # 104 is DISREGARDED; as the court has previously ordered # 103 , dfts shall NOT file any additional documents through which they purport to impose the ir own deadlines upon the court. Any such filings by dfts in the future will be summarily disregarded, and will further result in a recommendation that dfts be sanctioned for failure to follow the court's orders, the court's Local Rules, and/or the FRCP. (Reader, L)
|
|
Filing
103
ORDER signed by Magistrate Judge Kendall J. Newman on 10/5/2011 ORDERING that Defendants' filing entitled 102 "Notice To Court Of Record: Defendants Are Legal Fictions; Defendants Are Presented [sic] In Pro Per By Their Agent/Executors&qu ot; is DISREGARDED. Defendants shall not file any additional documents through which they purport to impose their own deadlines upon the court. Any such filings by defendants in the future will be summarily disregarded, and will further result in a recommendation that defendants be sanctioned for failure to follow the court's orders, the court's Local Rules, and/or the Federal Rules of Civil Procedure.(Duong, D)
|
|
Filing
101
ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/2011 ORDERING 100 Dfts' "Reply Brief To Court Order Vacating Hearing On Notice OfMotion And Motion For Jury Trial And Demand For Jury Trial" 100 is CONSTRUED as a motion fo r reconsideration of the undersigned's orders at Docket Numbers 95 and 96 , and is DENIED; As the court has now repeatedly advised dfts (Dkt. No. 65 at 6; Dkt. No. 93 at 4-5), successive and repetitious filings of substantially similar motion s (such as motions demanding oral arguments after the court has already determined that a hearing would not materially aid the court's decision, especially where dfts themselves cannot articulate why oral argument is necessary) may be summarily denied and may result in sanctions, including a potential entry of default judgment against dfts. (Reader, L)
|
|
Filing
96
ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/11 DENYING without prejudice 79 and 84 Motions to file amended answer; the hearing dates are VACATED. (Manzer, C)
|
|
Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/11 ORDERING that the Status (Pretrial Scheduling) Conference currently set for 6/9/11 is VACATED. All parties are ORDERED to complete and file the "Consent to/Decline of Jurisdiction of US Magistrate Judge" Form by 6/23/2011. (Mena-Sanchez, L)
|
|
Filing
69
ORDER signed by Magistrate Judge Kendall J. Newman on 5/25/11 ORDERING that Defendant Butte County Assessor's Request to appear by telephone at the Status Conference scheduled for 6/9/11 at 10:00 a.m. is GRANTED.(Mena-Sanchez, L)
|
|
Filing
65
ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/11 ORDERING that the Molens' 48 49 50 52 53 54 Motions are DENIED. Defendants shall file no further motions attacking the sufficiency of the complaint whether styled as reque sts for "judicial notice" or otherwise. Further such motions seeking to attack the pleadings may be summarily denied as filed in violation of Federal Rule of Civil Procedure 12(g). Defendants shall file no further motions styled as reques ts for "judicial notice" where the substance of such motions actually seeks dismissal of the action or other relief. Future filings styled as requests for judicial notice that are actually motions raising legal arguments in favor of dismiss ing the complaint may be summarily denied. Failure to comply with this order shall result in summary denial or rejection of improper filings, a limitation on the number of the Molens' filings that may be pending at any one time, and may also result in monetary or other sanctions. (Duong, D)
|
|
Filing
60
ORDER signed by Magistrate Judge Kendall J. Newman on 4/20/11 ORDERING the Molens' "Motion for Judicial Notice" (Dkt. No. 35) is construed as a motion for judgment on the pleadings and is denied; The Molen's "Motion to Render Judgment on Implied Contract" (Dkt. No. 35) is denied; The Molens are cautioned that future filings advancing an "implied contract" argument without additional supporting facts beyond the plaintiff's mere failure to timely meet the Molens' deadline for responding to a letter may be summarily rejected as procedurally improper and/or frivolous, and sanctions may issue. (Matson, R)
|
|
Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 3/8/11 ORDERING pltf's motion to extend time limit for service 27 is GRANTED; within 30 days from the date of this order, pltf shall either serve or dismiss all dfts that have not yet been served. (Carlos, K)
|
|
Filing
26
ORDER signed by Magistrate Judge Kendall J. Newman on 1/28/11 GRANTING-IN-PART 5 Motion to Strike. The 4 Answer is hereby STRICKEN to the extent it asserts defenses on behalf of the Black Hole Adventures Trust and the James Orbin Molen Limited Pa rtnership. Within 30 days of the effective date of this order the Molens may file a motion (a) proving such beneficial ownership and (b) requesting leave to amend their answer. The 7 , 8 , 9 , 10 , 12 , 14 , & 15 Motions to Dismiss filed by d efendants Molen, Baker and Van Auken are DENIED. The caption for this case is hereby amended to reflect the Molens' desire to be referred to by their perferred names. All future filings in connection with this case shall reflect the James O. Molen is "also known as James-Orbin: Molen," and that Sandra Molen is "also known as Sandra-Lyn: Molen." (Donati, J)
|
|
Filing
22
MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 1/27/2011 ORDERING that Defendants Motion for Judicial Notice 19 is hereby DENIED without prejudice on procedural grounds. Should defendants James and Sandra Molen wish to bring a motion, they are directed to Local Rule 230(b) and required to complete filing and service at least 28 days before the motion is set to be heard. (Caspar, M)
|
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
