AT&T Mobility, LLC v. Yeager, et al.
Plaintiff: AT&T Mobility, LLC
Defendant: Ed Bowlin, Connie Bowlin, Aviation Autographs, Bowlin & Associates, Inc., Law Offices of Joanna R. Mendoza, P.C., de la Pena & Holiday, LLP, Lesser Law Group and Charles E. Yeager
Case Number: 2:2013cv00007
Filed: January 2, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Nevada
Presiding Judge: Dale A. Drozd
Presiding Judge: Garland E. Burrell
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1332 Diversity-(Citizenship)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 8, 2020 Opinion or Order Filing 417 ORDER signed by Chief District Judge Kimberly J. Mueller on 10/6/2020 ORDERING that Parsons Behle's motions to enforce the settlement agreement are GRANTED. All claims in the Complaint-in-Intervention (ECF No. 93 ) are DISMISSED with preju dice with each party to bear its own attorneys' fees and costs. The Court enters FINAL JUDGMENT in AT&T Mobility, LLC v. Yeager et al., No. 2:13-cv-00007-KJM-DAD, GRANTING General Yeager and Victoria Yeager exclusive rights to the interplead er funds held by the court and directing that such funds be released to the Yeagers upon entry of this FINAL ORDER AND JUDGMENT. Yeager v. Parsons Behle & Latimer, LLP, et al., No. 2:14-cv-02544-KJM-DB is DISMISSED with prejudice with each party t o bear its own attorneys' fees and costs. In the No. 2:13-cv-00007 action, this order resolves ECF No. 410 . The motions for electronic filing privileges and to amend the answer pending at ECF No. 391 and ECF No. 392 are DENIED as MOOT. In the No. 2:14-cv-02544 action, this order resolves ECF No. 92 . The motion to dismiss at ECF No. 71 is DENIED as MOOT. (cc: Financial Dept) (Kastilahn, A)
January 15, 2019 Opinion or Order Filing 390 ORDER signed by District Judge Kimberly J. Mueller on 1/14/2019 IT IS SO ORDERED 384 In light of this court's Pre-Filing Review Order, the Clerk of Court is directed to file Mrs. Yeager's supplemental motion and reply as allowed by this order upon receipt.(Reader, L)
October 23, 2018 Opinion or Order Filing 384 PRE-FILING REVIEW ORDER signed by District Judge Kimberly J. Mueller on 10/23/18 ORDERING when requesting leave to file a complaint that substantially overlaps with any of the above cases, Mrs. Yeager must (1) attach a copy of this order, and (2) attach a declaration under penalty of perjury averring that the proposed filing is neither frivolous nor made in bad faith. If these requirements are not met, the court may disregard Mrs. Yeager's proposed filing. If Mrs. Yeager complies wit h these requirements, the clerk shall open the matter as a miscellaneous case to be considered by the general duty judge of this court. The judge will issue necessary orders after determining whether the proposed filing is frivolous or made in bad faith and may also determine whether Mrs. Yeager should be required to furnish security. (Becknal, R)
October 3, 2018 Opinion or Order Filing 379 ORDER signed by District Judge Kimberly J. Mueller on 10/2/2018 DENYING 128 motion to enforce the settlement agreement and DENYING 364 ex parte request to disburse funds. Parsons Behle's complaint-in-intervention against the Yeagers embodies the sole outstanding dispute in this interpleader action. The matter shall now proceed to trial. Final Pretrial Conference SET for 11/2/2018, at 10:00 AM, in Courtroom 3 (KJM), before District Judge Kimberly J. Mueller. A pre-trial statement from Mrs. Yeager and a separate statement from Parsons Behle are both due 7 days prior. (York, M)
March 30, 2018 Opinion or Order Filing 376 ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 GRANTING 340 Motion for Attorney Fees but ADJUSTS the lodestar figure to find reasonable an attorney fee award of $18,765.00, plus $1,151.08 in related legal expenses, and $137.35 in costs. The total sum awarded is therefore $20,053.43 with payment due to the Bowlins by May 4, 2018. (York, M)
November 8, 2017 Opinion or Order Filing 357 ORDER signed by District Judge Kimberly J. Mueller on 11/7/17 ORDERING that the court STRIKES with prejudice Mrs. Yeager's 271 Answer and Cross-Complaint. This resolves Motion to Strike 278 . (Kastilahn, A) Modified on 11/8/2017 (Kastilahn, A).
September 30, 2017 Opinion or Order Filing 339 ORDER signed by District Judge Kimberly J. Mueller on 09/30/2017. The court GRANTS summary judgment for Lesser as to Mrs. Yeagers entire Cross-Complaint. 316 (Andrews, P)
September 29, 2017 Opinion or Order Filing 338 ORDER signed by District Judge Kimberly J. Mueller on 9/29/17 ORDERING the court adjudicates the Bowlins' motions insofar as it: GRANTS the Bowlins' anti-SLAPP motion to strike Mrs. Yeager's entire cross-complaint and therefore DIS MISSES the cross-complaint with prejudice. ORDERS the Bowlins to file a brief with supporting declarations identifying the appropriate attorneys' fee award in connection with the anti-SLAPP motion within fourteen calendar days of this order. M rs. Yeager's opposition is due seven days thereafter, and the Bowlins' reply seven days after the opposition. DENIES as MOOT the Bowlins' motion to dismiss. DENIES as MOOT the Bowlins' request to order Mrs. Yeager to furnish se curity to maintain her cross-complaint. ORDERS the Bowlins to further brief the question of whether the court should not deny the motion to declare Mrs. Yeager a vexatious litigant and the associated request to issue a pre-filing review sanction aga inst Mrs. Yeager. The Bowlins response to this order is due within fourteen days. Mrs. Yeager's reply, if any, is due seven days thereafter. This resolves ECF Nos. 283 , 284 , and partially resolves ECF No. 288 . The court will resolve the balance of ECF No. 288 once the further briefing ordered here is complete. (Becknal, R)
December 2, 2016 Opinion or Order Filing 306 ORDER signed by District Judge Kimberly J. Mueller on 12/1/16 ORDERING that Intervener Victoria Yeager is substituted for General Charles E. "Chuck" Yeager (Ret.) for all purposes in the above-entitled matter, with the result that she st eps into General Yeager's shoes from the date of this order forward. See Summit Canyon Res., LLC v. Barker, No. 215CV2167JADGWF, 2016 WL 740420, at *2 (D. Nev. Feb. 23, 2016) (internal quotation marks, footnotes, and alterations omitted) (quotin g In re Bernal, 207 F.3d 595, 598 (9th Cir. 2000)) (substituted defendant bound by substituted-for defendant's prior decision); General Yeager is dismissed without prejudice, but this court retains jurisdiction to withdraw the dismissal should General Yeager's presence in the matter be necessary to protect the rights of General or Mrs. Yeager; The substitution and dismissal ordered above shall not be construed as a waiver of any rights or create an estoppel or impediment to General or Mrs. Yeager's rights, if any, to the interpleaded funds at issue in this matter, or to prosecute or defend any claim to the interpleaded funds. (Becknal, R)
August 12, 2016 Opinion or Order Filing 263 ORDER signed by District Judge Kimberly J. Mueller on 8/12/16 ORDERING Mrs. Yeager's motion is granted to the extent she requests to intervene to represent her joint interests with General Yeager in this case, as memorialized in the assignmen t of his rights. Within fourteen days, Mrs. Yeager and General Yeager, represented by his guardian ad litem, shall file an appropriate motion and proposed order of substitution or dismissal; In addition, within fourteen days, General Yeager shall f ile a notice, via his guardian ad litem, briefly explaining whether the General's interests in this case, considered individually or together with Mrs. Yeager, require an expansion of the evidentiary record with re to Parker White's auth ority, as his former attorney, to enter the purported settlement agreement on his behalf. See generally Order, 11/21/14, 139 . By the same date, any other party may give notice of its position on this same question. A status conference is set for 10/13/16, at 2:30 p.m. in Courtroom 3 to set a schedule for the remainder of this case. A joint status report including a proposed schedule shall be filed no later than 10/6/16. (Becknal, R)
July 25, 2016 Opinion or Order Filing 259 ORDER signed by District Judge Kimberly J. Mueller on 7/25/16 ORDERING that the court requests that James Houpt, General Yeager's guardian ad litem, attend the hearing on July 29 and be prepared to answer questions about whether General Yeager will challenge the enforceability of the purported assignment in this case and whether recognition of that assignment is in General Yeager's best interests here. (Kastilahn, A)
June 24, 2016 Opinion or Order Filing 255 ORDER signed by District Judge Kimberly J. Mueller on 6/24/2016 GRANTING Victoria Yeager's 247 Motion for leave to file electronically. (Zignago, K.)
April 15, 2016 Opinion or Order Filing 243 ORDER signed by District Judge Kimberly J. Mueller on 4/14/2016; The court expects the report by Mr. Houpt to be filed by late May 2016. (Zignago, K.)
March 16, 2016 Opinion or Order Filing 241 ORDER signed by District Judge Kimberly J. Mueller on 2/22/2016 ORDERING defendant's guardian ad litem's request for authority to incur costs by appointed guardian ad litem James E. Houpt is GRANTED, re 227 Order. (Crouch, J)
February 9, 2016 Opinion or Order Filing 240 ORDER signed by District Judge Kimberly J. Mueller on 2/9/16 ORDERING that The Guardian ad Litem shall have authority to move for the sealing or redaction of any documents filed in this case to protect General Yeager's privacy interests. The decision whether to move for sealing or redaction is within the Guardian ad Litem's discretion as an officer of the court. To be clear, the Guardian ad Litem's authority in this respect is limited to the protection of General Yeager's interests not those of Mrs. Yeager or another person, and creates neither an attorney, client relationship nor attorney-client privilege.(Mena-Sanchez, L)
December 29, 2015 Opinion or Order Filing 228 ORDER signed by Judge Kimberly J. Mueller on 12/28/2015 DENYING 225 Ex Parte Application to Seal filed by Charles E. Yeager. (Michel, G.)
November 10, 2015 Opinion or Order Filing 223 ORDER signed by Judge Kimberly J. Mueller on 11/10/2015 ORDERING that the appointment of a guardian ad litem is necessary to protect General Yeager's interests in this case. The court will identify a guardian ad litem in a separate order to follow shortly.(Donati, J)
September 25, 2015 Opinion or Order Filing 221 ORDER signed by Judge Kimberly J. Mueller on 9/24/2015 DENYING 219 Motion for Protective Order/Request to Seal; GRANTING the Yeagers seven days to: (1) file the assignment in question on the docket or (2) withdraw reliance on said document. (Michel, G.)
August 24, 2015 Opinion or Order Filing 216 ORDER signed by Judge Kimberly J. Mueller on 8/24/15 ORDERING that the hearing set for 8/25/15 at 10:00 a.m. is RESET for 9/14/2015 at 01:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Parsons Behle & Latimer may appear at the 9/14/15 hearing by telephone. (Mena-Sanchez, L)
August 20, 2015 Opinion or Order Filing 208 ORDER signed by Judge Kimberly J. Mueller on 8/19/15: 207 Ex Parte Application is DENIED without prejudice. (Kaminski, H)
August 11, 2015 Opinion or Order Filing 205 ORDER signed by Judge Kimberly J. Mueller on 8/11/15. A hearing is set for 8/25/2015 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. General Yeager shall appear and be prepared to answer the court's questions regarding compe tency. Should General Yeager not appear, the court will consider his absence as consent to the appointment of any qualified guardian ad litem without further notice. General Yeager shall submit by email any evidence of his competency for the court's in camera review, without filing it on the docket, by 8/21/15. By the same date General Yeager shall file any requests for partial closure of the 8/25 hearing or the sealing of documents. (Manzer, C)
July 21, 2015 Opinion or Order Filing 204 ORDER denying the Yeagers' 195 Motion for Recusal, signed by Judge Kimberly J. Mueller on 7/21/15. (Kastilahn, A)
May 21, 2015 Opinion or Order Filing 185 ORDER signed by Judge Kimberly J. Mueller on 5/21/15 ORDERING: (1) The court sets a hearing for Tuesday, June 2, 2015, 2:00 p.m., at which General Yeager must appear to advise the court whether he will consent to the appointment of a guardian ad li tem in this case. (2) If General Yeager consents to the appointment of a guardian ad litem, he shall identify at the hearing the names of two persons who are able to serve as guardian ad litem in this case. General Yeager shall be prepared to explai n each proposed guardian ad litem's qualifications and say whether each would consent to fulfilling that role. So that it is clear, given her separate interests, Mrs. Yeager does not qualify to serve as guardian ad litem in this case. (3) If General Yeager does not consent to the appointment of a guardian ad litem, the court at hearing will (a) set a next hearing on the issue of his competence and whether his interests are adequately protected in this action and (b) set a schedule for the in camera submission of evidence related to a determination of his competence. (Becknal, R)
April 17, 2015 Opinion or Order Filing 176 ORDER signed by Judge Kimberly J. Mueller on 4/16/2015 DENYING 172 Motion for Reconsideration. (Zignago, K.)
March 31, 2015 Opinion or Order Filing 170 ORDER signed by Judge Kimberly J. Mueller on 3/30/15 GRANTING 168 Motion for Clarification. (Meuleman, A)
March 26, 2015 Opinion or Order Filing 169 ORDER signed by Judge Kimberly J. Mueller on 3/25/2015 DIRECTING the parties to include in the closing briefs ordered following the 167 Evidentiary Hearing, to be filed by 4/21/2015, a response to the court's impression that a hearing on General Yeager's competence is required. (Michel, G.)
March 5, 2015 Opinion or Order Filing 164 ORDER signed by Judge Kimberly J. Mueller on 3/3/15 ORDERING that Ms. Yeager's 162 ex parte request to intervene is GRANTED IN PART, subject to the limitations listed in this order. (Kastilahn, A)
February 11, 2015 Opinion or Order Filing 158 ORDER signed by Judge Kimberly J. Mueller on 2/11/15 GRANTING 144 Motion to Enforce Subpoena. The Court therefore ORDERS 144 is GRANTED as to any documents relevant to Mr. White's authority to settle this case; immediately upon receipt, P arson Behle shall serve on General Yeager copies of all documents produced by PWC in response to the subpoena. At any time before the evidentiary hearing, General Yeager may file objections to any documents produced in response to the subpoena. Obj ections may be based on any of the Federal Rules of Evidence and may include a renewed objection based on attorney-client privilege. General Yeager shall identify and describe the grounds for each objection. This order does not limit General Yeager's ability to object that testimonial evidence presented at the hearing is protected by the attorney-client privilege. (Meuleman, A)
January 15, 2015 Opinion or Order Filing 146 ORDER signed by Judge Kimberly J. Mueller on 1/15/2015. The hearing on Parsons Behle's 144 Motion to Enforce Subpoena is ADVANCED to 2/5/2015 at 2:30 PM in Courtroom 3 (KJM). Any further Motions to Enforce Subpoenas, to Require Production of D ocuments, for Protective Orders, Motions In Limine, and similar Motions related to Evidentiary Hearing on 2/24/2015, shall be filed no later than Monday, 2/2/2015. Memoranda filed in support of such Motions shall be limited to 10 pages, and each Moti on must include a Statement describing parties' efforts to meet and confer to resolve disputes. Responses shall be argued at the pre-hearing status conference on 2/5/2015. The deadline for submission of a joint pre-hearing stipulation and report is RE-SET for Monday, 2/2/2015. (Marciel, M)
January 14, 2015 Opinion or Order Filing 145 ORDER signed by Judge Kimberly J. Mueller on 1/13/2015 GRANTING 129 Mr. White's Motion to Withdraw as Attorney. (Donati, J)
November 21, 2014 Opinion or Order Filing 139 ORDER signed by Judge Kimberly J. Mueller on 11/20/2014 DENYING Parson Behle's Motion for Sanctions. It is HEREBY ORDERED that an Evidentiary Hearing is set for 1/20/2015 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller and a final pre-hearing Status Conference set for 1/8/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Joint pre-hearing stipulation and report due 1/5/2015. (Donati, J)
November 5, 2014 Opinion or Order Filing 135 RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 11/4/14 ORDERING that 2:14-cv-02544-JAM-CKD is REASSIGNED from District Judge John A. Mendez to to Judge Kimberly J. Mueller and from Magistrate Judge Carolyn K. Delaney to Magistrate Judge D ale A. Drozd. The Caption on documents filed in the reassigned case shall be shown as 2:14-cv-2544 KJM DAD. It is further ORDERED that the Clerk make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Mena-Sanchez, L)
August 19, 2014 Opinion or Order Filing 116 ORDER signed by Judge Kimberly J. Mueller on 8/19/2014 DENYING 103 Motion for Summary Judgment. (Donati, J)
April 11, 2014 Opinion or Order Filing 91 ORDER signed by Judge Kimberly J. Mueller on 4/10/2014. Parsons Behle & Latimer's 72 Motion to Intervene is GRANTED. Connie Bowlin's 87 Motion to Substitute her in her capacity as Ed Bowlin's personal representative in place of Ed Bowlin is GRANTED. (Marciel, M)
April 16, 2013 Opinion or Order Filing 50 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/16/13 DISCHARGING AND DISMISSING Plaintiff AT&T Mobility from Interpleader Action. (Meuleman, A)
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Search for this case: AT&T Mobility, LLC v. Yeager, et al.
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Plaintiff: AT&T Mobility, LLC
Represented By: Laura Kohut Hoopis
Represented By: Ronald J. Kohut
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Defendant: Ed Bowlin
Represented By: Mark A. Serlin
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Defendant: Connie Bowlin
Represented By: Mark A. Serlin
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Defendant: Aviation Autographs
Represented By: Mark A. Serlin
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Defendant: Bowlin & Associates, Inc.
Represented By: Mark A. Serlin
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Defendant: Law Offices of Joanna R. Mendoza, P.C.
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Defendant: de la Pena & Holiday, LLP
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Defendant: Lesser Law Group
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Defendant: Charles E. Yeager
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