McCarty, et al. v. Humphrey, et al.
Plaintiff: James McCarty and Robert McCarty
Defendant: Russell Humphrey, Humphrey Law Group, Larry Anderson, Lakeshore Plaza and John David Figone, III Trust
Case Number: 2:2013cv00431
Filed: March 4, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: Allison Claire
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101 Americans with Disabilities Act
Jury Demanded By: Both

Available Case Documents

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

Date Filed Document Text
September 15, 2016 Opinion or Order Filing 118 ORDER signed by District Judge Kimberly J. Mueller on 9/14/2016 GRANTING IN PART Plaintiffs' 111 Motion for Attorney Fees. Defendants are directed to pay plaintiffs $137,875.10 in attorney's fees and $8,590.94 in costs. (Jackson, T)
April 14, 2016 Opinion or Order Filing 109 JUDGMENT in favor of Plaintiffs against Defendants signed by District Judge Kimberly J. Mueller on 4/14/16. (Jackson, T)
March 25, 2016 Opinion or Order Filing 107 STIPULATION AND ORDER DISMISSING CASE signed by District Judge Kimberly J. Mueller on 3/24/16. The Court APPROVES the parties' Stipulation of Dismissal filed on 2/16/16 106 . CASE CLOSED.(Mena-Sanchez, L)
January 14, 2016 Opinion or Order Filing 102 ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 01/13/16 ORDERING that, within 14 days, the parties are ordered to SHOW CAUSE as to why they should not be sanctioned, either monetarily or through dismissal of the case. (Benson, A)
December 1, 2015 Opinion or Order Filing 99 ORDER signed by Judge Kimberly J. Mueller on 12/1/2015 ORDERING Final Pretrial Conference RESET for 1/15/2016 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; the parties shall file a joint pretrial conference statement no later than 12/18/2015; Counsel for both parties are ORDERED to show cause why they should not each be sanctioned $250 for failure to comply with the court's orders. [ 96 ] (Reader, L)
October 16, 2015 Opinion or Order Filing 95 ORDER signed by Judge Kimberly J. Mueller on 10/16/2015; On 9/15/2015, the court granted plaintiffs' motion for injunctive relief in part and directed plaintiffs to submit a proposed order effecting the injunctive relief granted. Based on plain tiffs' proposed order, the court now orders injunctive relief against defendants based on the ADA, the Americans with Disabilities Accessibility Guidelines (ADAAG) and the California Building Code (CBC)/Title 24 of the California Code of Regulations. (See order for details) (Zignago, K.)
September 15, 2015 Opinion or Order Filing 93 ORDER signed by Judge Kimberly J. Mueller on 9/14/15 ORDERING for the foregoing reasons, the court GRANTS in part and DENIES in part plaintiffs' motion. Plaintiffs are awarded $8,000 each in statutory damages in light of the court&# 039;s granting their Unruh Act parking space claims. Plaintiffs are directed to submit a proposed order within twenty-one (21) days effecting their requested injunctive relief as consistent with this order. In light of the court's denial of summary judgment in part, a final pretrial conference is set for November 19, 2015, at which a trial date will be set. The parties shall file a joint pretrial statement in advance of the conference, as required by the court's scheduling order. (Becknal, R)
March 19, 2015 Opinion or Order Filing 74 ORDER signed by Judge Kimberly J. Mueller on 3/18/2015 DENYING plaintiffs' 3/9/2015 73 Request for Reconsideration. Counsel for plaintiffs shall forthwith initiate the meet & confer process required by Court's 9/24/2016 25 Scheduling O rder and shall file certification required by that Order no later than 4/6/2015 accompanied, as appropriate, by a Supplement to pending 70 Motion for Summary Judgment. Failure to comply with this Order may result in imposition of sanctions. (Marciel, M)
January 29, 2015 Opinion or Order Filing 69 ORDER signed by Judge Kimberly J. Mueller on 1/29/15 ORDERING that Plaintiffs' 53 motion for summary judgment is DENIED without prejudice. Plaintiffs are GRANTED 30 days from the date of this order in which to file and serve a new motion for summary judgment. The parties are relieved of the obligation to file a Joint Pretrial Conference Statement until further order of the court. The Final Pretrial Conference set for 3/5/15 and the Jury Trial set for 4/13/15 are VACATED and will be reset by subsequent order of the court. (Kastilahn, A)
October 31, 2014 Opinion or Order Filing 63 ORDER signed by Judge Kimberly J. Mueller on 10/30/2014 DENYING 52 Motion to Amend the Complaint. (Donati, J)
December 5, 2013 Opinion or Order Filing 38 ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 12/4/2013 ORDERING defendants' counsel Timote Tuitavuki to SHOW CAUSE within 14 days of the date of this order why he should be be sanctioned in the additional amount of $500 for failure to comply with the court's previous sanction. Further failure to comply may also result in disciplinary action based on this court's local rules and the filing of a report with the State Bar of California. (Donati, J)
November 1, 2013 Opinion or Order Filing 28 ORDER signed by Judge Kimberly J. Mueller on 10/31/13: The court sanctions defendants' counsel in the amount of $250.00 Counsel shall not relay this cost to his clients. Within seven (7) days of this order, counsel is ordered to remit payment and to file a declaration so stating. Failure to comply will result in additional sanctions. (Kaminski, H)
September 24, 2013 Opinion or Order Filing 26 ORDER signed by Judge Kimberly J. Mueller on 9/23/2013 ORDERING Attorney Timote Tuitavuki to SHOW CAUSE, by 10/11/2013, as to why he should not be sanctioned in the amount of $250.00 for failing to appear. (Michel, G)
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Plaintiff: James McCarty
Represented By: Catherine M. Corfee
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Plaintiff: Robert McCarty
Represented By: Catherine M. Corfee
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Defendant: Russell Humphrey
Represented By: Russell S. Humphrey
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Defendant: Humphrey Law Group
Represented By: Russell S. Humphrey
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Defendant: Larry Anderson
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Defendant: Lakeshore Plaza
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Defendant: John David Figone, III Trust
Represented By: Russell S. Humphrey
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