Moon v. Rush et al
Plaintiff: Virginia C. Moon
Defendant: David H. Rush, Mark A. Habib and James P. McKenna
Case Number: 2:2011cv03102
Filed: November 21, 2011
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Garland E. Burrell
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1109
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 20, 2015 Opinion or Order Filing 153 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/20/2015. Parties have reached an agreement on a total Settlement, and those terms were placed on the record. Case is now SETTLED. Court will retain jurisdiction to enforce terms of Settlement. The Trial date and all other scheduled dates in action are VACATED. Dispositional documents, which shall at least stipulate to dismissal of case in its entirety with prejudice, shall be filed within 30 days of 3/19/2015. The two related state cases now pending shall be dismissed in their entirety with prejudice as well, within the 30-day period. (Marciel, M)
February 20, 2015 Opinion or Order Filing 146 ORDER signed by Judge Garland E. Burrell, Jr on 2/19/15 ORDERING the Final Pretrial Conference CONTINUED to 3/9/2015 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Becknal, R)
January 21, 2015 Opinion or Order Filing 144 ORDER DENYING Plaintiff's MOTION for Temporary Restraining Order 134 signed by Judge Garland E. Burrell, Jr on 1/21/15. (Mena-Sanchez, L)
January 15, 2015 Opinion or Order Filing 138 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 1/15/2015 ORDERING that the pretrial statement shall be filed by 2/17/2015. (Zignago, K.)
December 22, 2014 Opinion or Order Filing 132 ORDER modifying stipulation signed by Judge Garland E. Burrell, Jr., on 12/19/14 ORDERING that the Pretrial Conference is SET for 2/23/2015 at 02:30 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr., with the joint pretrial statement to be filed at least seven days prior, and the Trial is SET for 4/21/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)
August 29, 2014 Opinion or Order Filing 103 ORDER signed by Judge Garland E. Burrell, Jr on 8/28/14 DENYING 87 Notice of Request to Seal Document(s) filed by James P. McKenna, David H. Rush, Mark A. Habib. (Meuleman, A)
November 8, 2013 Opinion or Order Filing 81 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 11/7/2013 ORDERING 79 that the fact Discovery deadline be EXTENDED to 2/24/2014. 70 (Reader, L)
November 1, 2013 Opinion or Order Filing 78 ORDER signed by Judge Garland E. Burrell, Jr on 10/31/13 DENYING 72 Motion to Dismiss. Further, to the extent that 66 Order, Moon v. Rush, 2:11-cv-3102 GEB, 2013 WL 4012828, at *9 (E.D. Cal. Aug. 6, 2013), conflicts with this ruling, that ruling is disapproved and withdrawn. (Meuleman, A)
August 6, 2013 Opinion or Order Filing 66 ORDER signed by Judge Garland E. Burrell, Jr on 8/5/13. For the stated reasons, Defendants' motions are denied. Plaintiffs motion to dismiss counterclaimant Rush's breach of contract claim is granted based on the running of the limitations period. The remainder of Plaintiff's dismissal motion is denied. Rush is granted fifteen (15) days leave from the date this Order is filed to amend his breach of contract claim addressing the deficiencies identified in this Order. Further, in li ght of this action's procedural history, the Status (Pretrial Scheduling) Order filed March 1, 2012, is vacated. A Status (Pretrial Scheduling) Conference is set for 9/16/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed no later than fourteen (14) days prior to the Status Conference. (Manzer, C)
January 15, 2013 Opinion or Order Filing 61 STIPULATION and ORDER 60 for extension of time signed by Judge Garland E. Burrell, Jr. on 1/15/2013. The deadline to file Further Briefs and Reply Briefs is EXTENDED until 1/29/2013. (Marciel, M)
December 7, 2012 Opinion or Order Filing 59 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 12/7/12 ORDERING time for the parties to file further briefs relating to 49 Motion to Set Aside Judgment is extended until 1/14/13 and reply briefs due 1/22/13. (Meuleman, A)
November 6, 2012 Opinion or Order Filing 57 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 11/6/2012 ORDERING the parties to file Further Briefs by 12/11/2012; ORDERING the parties to file Reply Briefs by 12/20/2012. (Michel, G)
September 10, 2012 Opinion or Order Filing 47 ORDER signed by Judge Garland E. Burrell, Jr. on 9/7/2012. Moon's federal claims are DISMISSED without prejudice and the state claims are DISMISSED under 28 USC § 1367(c). Clerk directed to CLOSE this action. (Marciel, M)
July 6, 2012 Opinion or Order Filing 43 ORDER signed by Judge Garland E. Burrell, Jr on 7/6/12 ORDERING that Page 2 of Exhibit 1 attached to Nina Wasows Declaration 34 contains identifying information prohibited by Federal Rule of Civil Procedure ("Rule") 5.2(a) and Local Rule 140(a). Therefore,Plaintiff shall re-file the Wasow Declaration with a redacted copy of Exhibit 1, which conforms to Rule 5.2(a) and Local Rule 140(a), no later than July 9, 2012. Further, the Clerk of the Court shall file the original Wasow Declaration, with exhibits, under seal. (ECF No. 34.). (Becknal, R)
May 8, 2012 Opinion or Order Filing 32 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 05/07/12 ORDERING that the hearing on the 19 Motion to Dismiss is CONTINUED to 06/18/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Benson, A.)
April 19, 2012 Opinion or Order Filing 29 ORDER signed by Judge Garland E. Burrell, Jr. on 04/18/12 ORDERING that the 04/30/12 hearing on 19 , 24 Motions to Dismiss are VACATED. The hearing on 24 Rush's Motion is RESET to 06/04/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. and the hearing on Moon's 19 Motion to Dismiss is RESET to 07/16/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Benson, A.)
March 26, 2012 Opinion or Order Filing 20 ORDER signed by Judge Garland E. Burrell, Jr. on 3/23/2012 DENYING 11 Motion to Dismiss, as moot; VACATING Motion Hearing scheduled for 4/2/2012. (Michel, G)
January 5, 2012 Opinion or Order Filing 7 STIPULATION and ORDER 6 for extension of time signed by Judge Garland E. Burrell, Jr. on 1/4/2012. Defendants shall have up to and including 1/20/2012 to respond to Complaint. (Marciel, M)
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Plaintiff: Virginia C. Moon
Represented By: Nina R. Wasow
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Defendant: David H. Rush
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Defendant: Mark A. Habib
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Defendant: James P. McKenna
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