Anderson et al v. Echols et al
| Ron J. Anderson, David F. Clemens and Dan H. Bailey |
| Greg Echols and Michael R. Logan |
| 2:2011cv01795 |
| July 8, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Butte |
| Craig M. Kellison |
| Morrison C. England |
| Other Statutory Actions |
| 30 U.S.C. ยง 1202 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
71
MEMORANDUM of DECISION signed by Magistrate Judge Craig M. Kellison on 7/24/2013. Defendants are claim jumpers. Echols wanted the Stringer claim and initially filed the Stimulus #1 claim on 1/9/2009. When confronted with threat of litigation by pla intiffs, he abandoned the claim on 8/26/2009. He then asked one of the plaintiffs to be added as a partner in exchange for sharing information he had acquired over time about the Stringer. Plaintiffs declined to make Echols a partner. With a new pa rtner, Echols filed the Stimulus Lode claim over plaintiffs' Stringer on November 2009. Plaintiffs were never notified of defendants' activities on the Stringer that led to the lode filing. Plaintiffs filed present action on 7/8/2011. Defen dants then filed a new placer claim over the Stringer (Stimulus #2) on 4/4/2012.Plaintiffs' Stringer was properly located, and all annual filings and fees have been made. The Stringer has never been abandoned or forfeited. Defendants had no just ification, or legal cause, to jump the Stringer. As of 7/8/2011, plaintiffs Ron J. Andersen, David F. Clemens and Dan H. Bailey were, and currently are the owners of that certain mining claim known as the Stringer Mine. Plaintiffs are awarded nominal damages in the sum of $1.00. Court reserves jurisdiction to modify this Injunction as ends of justice mayrequire. Plaintiffs do have and recover their costs from Defendants. (Marciel, M)
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Filing
63
ORDER signed by Magistrate Judge Craig M. Kellison on 5/15/13 ORDERING that Defendants' MOTION for Recusal 60 is STRIKEN; and Defendants shall each file separate written responses to this order to Show Cause within 15 days of the date thereof. (Mena-Sanchez, L)
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Filing
57
ORDER signed by Magistrate Judge Craig M. Kellison on 4/11/13 ORDERING that Defendants' MOTION for Summary Judgment 51 is STRIKEN; Defendants shall each SHOW CAUSE, separately in writing by 4/30/2013, why sanctions should not be imposed under Rule 11. The Court defers ruling on Plaintiffs' Motion for leave to Amend 54 ; and This matter is set for a telephonic Status Conference on 4/17/13 at 11:00 a.m. (Mena-Sanchez, L)
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Filing
48
ORDER signed by Magistrate Judge Craig M. Kellison on 1/2/2013 ORDERING that the 1/9/2013 hearing re 47 Motion for Summary Judgment is VACATED. (Zignago, K.)
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Filing
46
ORDER signed by Magistrate Judge Craig M. Kellison on 8/31/2012 ORDERING that the 37 findings and recommendations issued on 6/28/2012, are VACATED. Defendants' 28 motion to dismiss is DENIED. (Zignago, K.)
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Filing
43
ORDER signed by Judge Morrison C. England, Jr on 8/24/12 ORDERING the Clerk is directed to reassign this case to the Honorable Craig M. Kellison as the presiding judge; and the caption on all documents filed in the reassigned case shall show case number 2:11-cv-1795 CMK. (Matson, R)
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Filing
38
ORDER signed by Magistrate Judge Craig M. Kellison on 06/27/12 ORDERING the Clerk to forward to all parties the Court's "Notice of Availability of a Magistrate Judge to Exercise Jurisdiction and Appeal Instructions" along with the acco mpanying consent election form; the parties shall complete and file the consent election form within 30 days; and within 30 days of the date of this order, the parties shall inform the court whether an early mediation/settlement conference is desired. (Benson, A.)
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Filing
32
ORDER signed by Magistrate Judge Craig M. Kellison on 5/22/12 GRANTING 30 Motion for Extension re 28 Amended Motion to Dismiss; Motion Hearing RESET for 6/27/2012 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Meuleman, A)
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Filing
27
ORDER signed by Magistrate Judge Craig M. Kellison on 4/11/12 ORDERING that any supplemental points and authorities in support of the 24 Motion to Dismiss shall be filed by 04/27/12. Opposition to the motion to dismiss shall be filed no later than 7 calendar days prior to the 05/23/12 hearing. Any reply shall be filed 3 calendar days prior to the hearing. The parties may appear telephonically at the 05/23/12 hearing. (Benson, A.)
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Filing
23
ORDER signed by Magistrate Judge Craig M. Kellison on 3/16/12: This matter is set for a continued status conference and order to show cause hearing on April 11, 2012, at 10:00 a.m. before the undersigned in Redding, California. Defendant Logan shall appear in person and show cause why sanctions should not be imposed. Defendant Logan shall file a scheduling conference statement no later than seven calendar days prior to this hearing date. (Kaminski, H)
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Filing
17
ORDER signed by Magistrate Judge Craig M. Kellison on 2/10/12 ORDERING that the order to show cause 16 is DISCHARGED. The matter is RE-SET for an initial scheduling conference on 3/14/2012 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. The parties shall file status/scheduling conference statements no later than seven days prior to the continued hearing. (Kastilahn, A)
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Filing
16
ORDER signed by Magistrate Judge Craig M. Kellison on 1/24/12 ORDERING that the continued Scheduling Conference set for 1/25/12, at 10:00 a.m. is VACATED and taken off calendar; and within 30 days of the date of this order, Plaintiffs shall show cause in writing why this action should not be dismissed for lack of prosecution and failure to comply with court rules and orders.(Mena-Sanchez, L)
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Filing
15
ORDER signed by Magistrate Judge Craig M. Kellison on 12/1/2011 ORDERING that the initial status/scheduling conference in this matter is continued to January 25, 2012, at 10:00 a.m. in Redding, California. The parties shall file status/scheduling co nference statements consistent with the courts July 8, 2011, order no later than seven days prior to the continued hearing. Defendant Logan shall show cause, in writing, within 30 days from the date of this order why sanctions should not be imposed for his failure to file a status/scheduling conference statement or appear at the December 1, 2011, hearing. Plaintiffs' 10 request for access to the courts electronic filing system is DENIED without prejudice. The Clerk of the Court shall update the docket to reflect that defendant Logan has appeared in the action by way of his answer filed on August 2, 2011. (Duong, D)
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