Drake v. Niello Company et al
| E. Drake |
| Niello Company, Niello Imports of Rocklin, Inc., Niello Performance Motors Inc. and Niello Motor Car Company |
| 2:2017cv01036 |
| May 17, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| John A. Mendez |
| Other Contract |
| 15 U.S.C. ยง 2301 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
147
ORDER signed by District Judge John A. Mendez on 4/21/2020 ADOPTING 146 Findings and Recommendations in full. Niello's Motion to enjoin Plaintiff from relitigating against it and its affiliates the issues adjudicated in this action 120 is GRANTED; Plaintiff is permanently enjoined from relitigating, or attempting to relitigate, by commencing or filing, in any federal or state court any future action, petition, complaint, or cause of action seeking adjudication of the factual and/o r legal issues adjudicated and dismissed in this action; The injunction applies to Plaintiff's filing under any name or alias, including the name of any entity owned or controlled by Plaintiff Eric Drake or any of his aliases, including: Eric Drake; E. Drake; Eric von Drake; E. Drak; E.V. Drake; V. Drake; Eric Michaels; WVPG, LLC; Eric von Rogers; David Wayne Rogers; and Mark Fuller; and Niello's Motion to declare Plaintiff a vexatious litigant and for issuance of a pre- filing order 120 is DENIED. (Mena-Sanchez, L)
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Filing
146
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/12/20 DISCHARGING the 138 OSC; RECOMMENDING that Niello's 120 Motion to enjoin plaintiff from relitigating against it and its affiliates the issues a djudicated in this action be granted; that Plaintiff be permanently enjoined from relitigating, or attempting to relitigate, by commencing or filing, in any federal or state court any future action, petition, complaint, or cause of action seeking ad judication of the factual and/or legal issues adjudicated and dismissed in this action; and the injunction apply to plaintiff's filing under any name or alias, including the name of any entity owned or controlled by plaintiff Eric Drake or any of his aliases, including: Eric Drake; E. Drake; Eric von Drake; E. Drak; E.V. Drake; V. Drake; Eric Michaels; WVPG, LLC; Eric von Rogers; David Wayne Rogers; and Mark Fuller; and that Niello's 120 Motion to declare plaintiff a vexatious litigant and for issuance of a pre-filing order be denied. Referred to Judge John A. Mendez; Objections to F&Rs due within 14 days. (Benson, A.)
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Filing
138
ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 11/28/18 ORDERING that the hearing on defendant Niello Performance's 120 Motion to declare plaintiff a vexatious litigant and for an order imposi ng prefiling restrictions is continued to 1/30/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan AND Plaintiff shall show cause, in writing, no later than 1/9/2019 why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. (Kaminski, H)
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Filing
119
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/18 DENYING as unnecessary 114 Motion to Proceed In Forma Pauperis. (Kaminski, H)
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Filing
109
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/12/2018 DENYING 88 Motion to Recuse the undersigned, DISCHARGING 90 Order to Show Cause and no sanctions are imposed, DENYING 108 Motion to Stay, and DENYING 97 Motion to Transfer Venue. Further, it is RECOMMENDED that 88 Motion to Recuse the assigned district judge be denied, 83 Motion for Judgment on the Pleadings be granted and the complaint be dismissed without leave to amend, and the Clerk be directed to close the case. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (York, M)
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Filing
99
AMENDED ORDER signed by Magistrate Judge Edmund F. Brennan on 7/24/2017 VACATING the 8/9/2017 Hearing on the 83 Defendants' Motion for Judgment on the pleadings, GRANTING-IN-PART 96 Plaintiff's Motion for Extension of Time and DENYING P laintiff's 95 Motion to Stay. Plaintiff shall file an opposition or statement of non-opposition to Defendants' 83 Motion and a Response to the court's 90 Order to Show Cause by 8/30/2017. Defendants may file a reply to plaintiff& #039;s opposition, if any, on or before 9/6/2017. Defendants shall file an opposition or statement of non-opposition to 97 Motion to Transfer Venue no later than 8/9/2017. Plaintiff may file a reply to defendants' opposition, if any, on or before 8/30/2017. Thereafter, both Defendants' Motion for Judgment on the pleadings and Plaintiff's Motion to Transfer will stand submitted for decision. (Donati, J)
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Filing
92
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2017 ORDERING that no later than 6/28/2017, defendants shall file and serve a document stipulating to dismissal of this action without prejudice pursuant to Rule 41(a)(1)(A)(ii), or otherwise respond to plaintiff's 91 motion. (Zignago, K.)
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Filing
90
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 6/20/2017 ORDERING the 83 Motion for Judgment on the Pleadings hearing CONTINUED to 8/9/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. P laintiff shall SHOW CAUSE, in writing, no later than 7/26/2017, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Opposition or Statement of Non-Opposition due by 7/26/2017. Defendants reply, if any, due on or before 8/2/2017.(Donati, J)
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