Smith v. Lowe's HIW, Inc.
Plaintiff: Brien Edward Smith
Defendant: Lowe's HIW, Inc.
Case Number: 2:2013cv01713
Filed: August 20, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: William B. Shubb
Nature of Suit: Assault, Libel, and Slander
Cause of Action: 28:1441
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
January 28, 2015 Opinion or Order Filing 46 ORDER signed by Senior Judge William B. Shubb on 1/27/15: Because it appears that plaintiff is no longer interesting in prosecuting this case, this action is hereby dismissed without prejudice for lack of prosecution. (Kaminski, H)
December 24, 2014 Opinion or Order Filing 45 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/24/2014 RECOMMENDING that this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) and 4(m) and Local Rules 110 and183(a). Referred to Judge William B. Shubb. Objections to F&R due within 14 days. (Zignago, K.)
December 4, 2014 Opinion or Order Filing 44 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 12/3/14: Plaintiff shall show cause in writing within fourteen (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. (Kaminski, H)
October 27, 2014 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Allison Claire on 10/24/14 ORDERING that Plaintiff is GRANTED 30 days from the date of service of this order to file an amended complaint. (Kastilahn, A)
October 24, 2014 Opinion or Order Filing 42 ORDER signed by Senior Judge William B. Shubb on 10/23/2014 ADOPTING IN FULL 40 Findings and Recommendations; GRANTING 35 Motion to Dismiss; GRANTING the plaintiff leave to amend his complaint. (Michel, G)
September 11, 2014 Opinion or Order Filing 40 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/11/14: ORDERING that plaintiff's NIED claim is stricken from his complaint. RECOMMENDING that defendant's motion to dismiss 35 be granted. Plaintiff be granted leave to amend his complaint. F&R referred to Judge William B. Shubb. Objections to F&R due within fourteen days. (Kaminski, H)
July 28, 2014 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Allison Claire on 7/28/2014 ORDERING that the hearing date of 8/6/2014 is VACATED. Hearing on defendant's 35 motion to dismiss is CONTINUED to 9/10/2014 at 10:00 a.m. in Courtroom No. 26. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than 8/27/2014. (Zignago, K.)
May 13, 2014 Opinion or Order Filing 33 ORDER signed by Senior Judge William B. Shubb on 5/12/2014 FINDINGS AND RECOMMENDATIONS 29 are ADOPTED in FULL; Defendant's 18 Motion to Dismiss is GRANTED; Defendant's 19 Motion to Strike is DENIED as MOOT; and Plaintiff is GRANTED leave to amend his complaint to assert defamation claims based exclusively on the allegedly defamatory statements including in his personal file. (Reader, L)
April 14, 2014 Opinion or Order Filing 29 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/11/2014 RECOMMENDING that Defendant's 18 motion to dismiss be granted. Defendant's 19 motion to strike be denied as moot. Plaintiff be granted leave to amend his complaint to assert defamation claims based exclusively on the allegedly defamatory statements included in his personnel file. Motions referred to Judge William B. Shubb. Objections to F&R due within 14 days. (Zignago, K.)
March 10, 2014 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Allison Claire on 3/7/14 ORDERING that the hearing date of 3/12/14 is VACATED; Hearing on Defendant's 19 MOTION to STRIKE and 18 MOTION to DISMISS is CONTINUED to 4/9/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file opposition, if any, to the Motion to Dismiss and Motion to Strike, no later than 3/26/2014.(Mena-Sanchez, L)
January 7, 2014 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Allison Claire on 1/7/2014 ORDERING plaintiff shall file an Amended Complaint by 1/21/2014; Failure to file an amended complaint shall result in a recommendation that this action be dismissed; the 2/5/2014 scheduling conference is VACATED pending further court order. (Waggoner, D)
November 4, 2013 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Allison Claire on 11/1/13 ORDERING that Plaintiff's MOTION to Amend the complaint 12 is GRANTED; Defendant's MOTION to Dismiss 6 and Motion to Strike 10 are DENIED as moot; The hearings on the Motions, currently set for 11/6/13, are VACATED from calendar. (Mena-Sanchez, L)
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Plaintiff: Brien Edward Smith
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Defendant: Lowe's HIW, Inc.
Represented By: Susan Shin Joo
Represented By: Yeongyo Anna Suh
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