Whitsitt v. Hedy Holmes Staffing Services et al
| William J. Whitsitt |
| Hedy Holmes Staffing Services, Kathleen, Hedy Holmes, Modular Mobile, Mike Sansome and San Joaquin County Work Net |
| 2:2013cv00117 |
| January 22, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Allison Claire |
| Morrison C. England |
| Labor: E.R.I.S.A. |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
57
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/21/2015 RECOMMENDING that the 43 Motion to Dismiss be granted without leave to amend as to plaintiff's ADEA claim and without prejudice as to his state law claims, and that the action be dismissed. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge Morrison C. England, Jr. (Donati, J)
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Filing
49
ORDER signed by Magistrate Judge Allison Claire on 6/18/15 ORDERING its 6/6/15, order to show cause, ECF No. 48 , is DISCHARGED; and Plaintiff's motion for an extension of time, ECF No. 47 , is GRANTED; Defendants' motion to dismiss, EC F No. 43 , is hereby scheduled for hearing in front of the undersigned on 7/15/15, at 10:00 a.m. in Courtroom No. 26; Plaintiff must file an opposition or notice of non-opposition by 7/1/15, in accordance with Local Rule 230. If plaintiff once again neglects to do so the court will issue findings and recommendations recommending that his case be dismissed. (Becknal, R)
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Filing
48
ORDER signed by Magistrate Judge Allison Claire on 6/10/15 ORDERING that Plaintiff shall show cause in writing within 14 days of the date of this order why this action should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court's 6/17/15, hearing on defendants' motion to dismiss is VACATED. (Kastilahn, A)
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Filing
41
ORDER signed by Magistrate Judge Allison Claire on 2/26/2015 GRANTING plaintiff's 40 Motion for Extension of Time. Plaintiff shall file First Amended Complaint within 10 days of date of service of this Order. (Marciel, M)
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Filing
37
ORDER signed by Magistrate Judge Allison Claire on 12/5/2014 ORDERING that Plaintiff is GRANTED thirty days from the date of service of this order to file an amended complaint that complies with the requirements of the Federal Rules of Civil Proced ure, the Local Rules of Practice, and the court's 10/7/2014, findings and recommendations. The amended complaint must bear the docket number assigned to this case and must be labeled "First Amended Complaint." Plaintiff must file an original and two copies of the amended complaint. Failure to file an amended complaint in accordance with this order will result in a recommendation that this action be dismissed. (Zignago, K.)
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Filing
36
ORDER signed by Chief Judge Morrison C. England, Jr. on 12/4/2014 ORDERING that the 33 Findings and Recommendations are ADOPTED in full. WorkNet's 16 motion to dismiss is GRANTED as follows: Plaintiff's claim(s) against defendant Mark Sansone under the ADEA are DISMISSED with prejudice; Plaintiff's claims against WorkNet and non-ADEA claims against Sansone are DISMISSED with leave to amend. Plaintiff's claim(s) under the ADEA against "Kathleen" are DISMISSED sua sponte pursuant to 28 U.S.C. 1915(e), with prejudice. Plaintiff's remaining claims against the non-moving defendants are DISMISSED sua sponte pursuant to 28 U.S.C. 1915(e), with leave to amend. (Zignago, K.)
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Filing
33
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/6/14 RECOMMENDING that WorkNet's 6/20/14, motion to dismiss 16 be granted as follows: Plaintiff's claim(s) against defendant Mark Sansone under the ADEA be dismissed with prejudice; Plaintiff's claims against WorkNet and non-ADEA claims against Sansome be dismissed with leave to amend; Plaintiff's claim(s) under the ADEA against "Kathleen" be dismissed sua sponte pursuant to 28 U.S.C. 1915(e), with prejudice; and Plaintiff's remaining claims against the non-moving defendants be dismissed sua sponte pursuant to 28 U.S.C. 1915(e), with leave to amend. Referred to Judge Morrison C. England, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
32
ORDER signed by Magistrate Judge Allison Claire on 9/2414: The Clerk of the Court is hereby directed to serve the court's September 9, 2014, order to show cause 26 upon Hedy Holmes Staffing Services using both last known addresses. (Kaminski, H)
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Filing
29
ORDER signed by Chief Judge Morrison C. England, Jr on 9/3/14. The court has received the Notice of Related Cases concerning the above captioned cases filed 8/1/14. The Court has determined, however, that it is inappropriate to relate or reassign the cases, and therefore declines to do so. (Mena-Sanchez, L)
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Filing
26
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 09/02/14 ordering within 30 days of the date of service of this order, defendant Hedy Holmes Staffing Services shall either: a) show good cause why he failed to waive service, or b) pa y to the U.S. Marshals Service the cost of personal service reflected on the USM-285 form associated with the service of defendant Hedy Holmes Staffing Services. If defendant Hedy Holmes Staffing Services chooses to pay the costs rather than show good cause, he shall promptly notify the court of such payment. The clerk of the court shall serve a copy of this order on the United States Marshals Service. (Plummer, M)
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Filing
9
ORDER signed by Chief Judge Morrison C. England, Jr. on 3/28/2014 ORDERING that Plaintiff's 8 Motion for Relief from Judgment is GRANTED. The Clerk of the Court is ordered to RE-OPEN this matter. The Clerk of the Court is directed to issue p rocess and to send Plaintiff an instruction sheet for service of process by the United States Marshal, five (5) USM-285 forms, one (1) summons form, and an endorsed copy of Plaintiff's 1 Complaint. Within thirty (30) days after this order is served, Plaintiff shall submit to the United States Marshal properly completed service documents. Within ten (10) days after submitting the required materials to the United States Marshals Service, Plaintiff shall file with this Court a declaration stating the date on which he submitted the required documents to the United States Marshal. Within thirty (30) days after receiving the necessary materials from Plaintiff, the United States Marshal is directed to serve process on Defendant witho ut prepayment of costs. The Clerk of the Court is directed to serve a copy of this Order on the United States Marshal. Failure to keep the Court apprised of Plaintiffs address of record at all times or failure to comply with this Order will result in this action being dismissed and Plaintiff will be unable to re-open the matter a second time. (Zignago, K.)
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Filing
4
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/13/13 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days. (Manzer, C)
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Filing
3
ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Allison Claire on 5/6/13: The Clerk of the Court shall send plaintiff 5 USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed January 22, 2013. The Clerk of the Court is directed to serve a copy of this order on the United States Marshal. (cc:USM)(Kaminski, H)
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