Owens v. Nuxoll et al
| James N. Owens |
| Russell Nuxoll and Janet Sylden |
| 2:2012cv01482 |
| June 1, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Nevada |
| John A. Mendez |
| Kendall J. Newman |
| Assault, Libel, and Slander |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
47
ORDER signed by Magistrate Judge Kendall J. Newman on 10/8/2013 ORDERING that Defendants' pending 35 "Motion For Summary Judgment," which the undersigned construes as a Motion To Dismiss For Lack Of Subject Matter Jurisdiction is her eby GRANTED. Because plaintiff's claims are all based in state common law and there are no federal claims alleged, the case is hereby DISMISSED. The Clerk of Court is hereby directed to close this case and vacate all future dates. CASE CLOSED. (Zignago, K.)
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Filing
45
ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/2013. Defendants' 42 Request for Telephonic Appearance is GRANTED. Notwithstanding being styled as a 43 "Motion To Strike", defendants filing is construed as a Reply Brief in support of defendants pending 35 Motion for Summary Judgment. Parties are notified that Hearing set for 8/8/2013 may potentially involve an "Evidentiary Hearing" requiring one or all of the parties to answer Court's questions under oath. Accordingly, a partys failure to timely appear (telephonically or in person) at Hearing will delay case and may subject non-appearing party to monetary or other sanctions. (Marciel, M)
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Filing
41
ORDER signed by Magistrate Judge Kendall J. Newman on 7/10/13 ORDERING that the hearing on defendants' 35 Motion for Summary Judgment is RESET for 8/8/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Defend ants' 38 Request For Telephonic Appearance at the vacated hearing is denied as moot. Defendants' reply briefing, if any, may be filed on or before 8/1/2013. Should any party wish to appear telephonically at the hearing on 8/8/2013, that party should file a Request To Appear Telephonically on or before 7/29/2013. (Kastilahn, A)
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Filing
34
ORDER signed by Magistrate Judge Kendall J. Newman on 6/12/13 ORDERING that plaintiff serve defendants with a copy of the second amended complaint within 10 days, as well as proof of service and Consent/Decline form with the Court. (Manzer, C)
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Filing
30
ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/13 WITHDRAWING 22 Motion for Order on Marshall Service and DENYING 23 Motion to Dismiss without prejudice and the hearing is VACATED; Second Amended Complaint due within 30 days; renewed motion to dismiss or answer to complaint due within 30 days of service of the second amended complaint; consent/decline forms due within 45 days. (Manzer, C)
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Filing
19
ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/2013 ORDERING 13 the Status Pretrial Scheduling Conference set for 2/21/2013 is hereby VACATED and RESET to 4/4/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; the parties shall file a status report at least 14 days before the scheduling conference. (Reader, L)
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Filing
17
ORDER granting 16 Plaintiff's Motion for Extension, signed by Magistrate Judge Kendall J. Newman on 12/20/12. Within 30 days of entry of this order, plaintiff shall comply with the undersigned's 12 prior order. Plaintiff's failure to timely comply with this order may result in arecommendation that this action be dismissed. (Kastilahn, A)
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Filing
15
ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/2012 DISREGARDING 11 Notice of Removal; DIRECTING the Clerk of Court to strike 11 Notice of Removal from the docket. (Michel, G)
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Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 9/19/12 ORDERING that the pending FINDINGS AND RECOMMENDATIONS 3 are VACATED; The First Amended Complaint 5 is the currently operative pleading in this action. Service of Plaintiff's Fir st Amended Complaint 5 is appropriate upon defendant Russell Nuxoll and defendant Janet Sylten. The Clerk is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure 4. The Clerk shall send Plaintiff one USM-285 form, o ne summons, this Court's scheduling order, and the forms providing notice of the magistrate judges availability to exercise jurisdiction for all purposes. Plaintiff shall supply the United States Marshal, within 30 days from the date this ord er is filed, all information needed by the Marshal to effectuate service of process, and shall, within 10 days thereafter, file a statement with the court that such documents have been submitted to the United States Marshal. The Clerk of shall serve a copy of this order on the USM, 501 I Street, Sacramento, CA 95814 (tel. 916-930-2030).(Mena-Sanchez, L)
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Filing
6
ORDER signed by Magistrate Judge Kendall J. Newman on 6/29/12 ORDERING that Within 45 days of the date of this order, plaintiff shall file a declaration signed under penalty of perjury, and supported by documentary evidence if possible, which demonst rates that defendants were citizens of Idaho at the time plaintiff filed his original complaint; Plaintiff's failure to timely file the required declaration shall constitute plaintiff's consent to the dismissal of his case on the grounds stated in the pending findings and recommendations, and shall provide grounds for the possible imposition of sanctions on plaintiff.(Becknal, R)
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Filing
3
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/6/2012 ORDERING that plaintiff's 2 application to proceed in forma pauperis is GRANTED. It is FURTHER RECOMMENDED that Plaintiff's complaint be dismissed for lack of subject matter jurisdiction. The Clerk of Court be directed to close this case. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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