Watkins v. Kajima International Incorporated et al
| Michael W. Watkins |
| Kajima International Incorporated, Hiroaki Hoshino, Ronald M. George, Art McKinster, Betty Richli, Jeff King, Manuel A. Ramirez, Peter Norell, Anne Hunter, Paul Hogan (ALJ), James F. Ahern, Bill Lockyer, Donald Alverez, Robert Fowler, Cynthia Ludvigsen, David Proulx, David Williams, David Cohn, N. L. Hanover, Steven Sands, Michael Markel, Sandy Parker, Peter Vail, Tom Cavallo, George Lasko, Sherry A. Thompson, Pablo Castro, Julie Linden, John Vega, Virginia L. Watkins, Richard A. Belotti, Sharon Belotti, Joseph F. Borie, Barrington A. S. Daltrey, State of California, Don L. Smith, Jefferson C. Orr, Gregory L. Cashion, Equifax, Experian, Trans Union, Thomas F. Chapman, Cris Callero, Siddarth N. Mehta, Teresa S. Bennett, Larry W. Allen, Lucinda M. Watkins, Richard J. McAndrews, Lewis A. Williams and James A. Flexer |
| 3:2008cv00426 |
| April 24, 2008 |
| US District Court for the Middle District of Tennessee |
| Patent Office |
| Davidson |
| E. Clifton Knowles |
| Aleta A. Trauger |
| Plaintiff |
| Federal Question |
| 28:1338 Copyright Infringement |
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The following documents for this case are available for you to view or download:
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Filing
497
ORDER: Plaintiff's Motion to Stay 487 is without merit and is DENIED. The later-filed lawsuit provides no basis for staying this action, which has been pending more than four years. Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b) (3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Report and Recommendation as to Defendant Lockyer is adopted and approved, and all claims against Defendant Lockyer are DI SMISSED. The Magistrate Judge's recommendation that the case be dismissed for failure to prosecute (with regard to Defendants Lasko, Linden, Vaga and Lucinda Watkins) is referred back to the Magistrate Judge for consideration in light of Plainti ff's recent filings 487 and 492 . The Magistrate Judge shall set any deadlines needed to make further recommendation about this case. IT IS SO ORDERED. Signed by Chief Judge Todd J. Campbell on 5/14/12. (xc:Pro se party by regular and certified mail.)(tmw)
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Filing
406
ORDER: Pending before the Court are the following: (1) Plaintiffs' Motion for the Court to Correct the Docket (Docket No. 261), which is DENIED as moot. (2) Defendants' Motion to Dismiss (Docket No. 264), which is GRANTED as set forth below . (3) Plaintiffs' Motion for Continuance of Discovery until March 18, 2011 (Docket No. 315), which is DENIED as moot. (4) Plaintiffs' Motion to Allow Service by Publication (Docket No. 316), which is referred to the Magistrate Judge for dec ision. (5) Plaintiffs' Notice of Motion and Motion for the Court to Reinstate Defendants for Reasons of Personal Jurisdiction and Supplemental Jurisdiction (Docket No. 318), which is DENIED for the reasons previously stated by the Court (see Doc ket Nos. 133, 231, 246, 250 and 252). (6) A Report and Recommendation (Docket No. 368) of the Magistrate Judge and Plaintiffs' Objections thereto (Docket No. 400). The Report and Recommendation is ADOPTED and APPROVED, as set forth below. (7) Pl aintiffs' Motion to Continue Pretrial Conference and Trial Dates (Docket No. 379), which is DENIED as moot. The pretrial conference set for March 30, 2011, and the jury trial set for April 5, 2011, are canceled. The case is not ready for trial. (8) Plaintiffs' Notice of Removal of State Cases to United States District Court (Docket No. 380), which is DENIED because Plaintiff cannot remove California state cases to a U.S. District Court in Tennessee. 28 U.S.C. § 1441(a). (9) Plaint iffs' Motion # 2 for Leave to Amend Complaint (Docket No. 401), which is DENIED. (10) Plaintiffs' Motion to Compel (Docket No. 402), which is DENIED as moot. Pursuant to 28 U.S.C. § 636(b(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72. 03(b)(3), the Court has reviewed de novo the Report and Recommendation (Docket No. 368), the Plaintiffs' Objections (Docket No. 400), and the file. For the reasons set forth by the Magistrate Judge (Docket No. 368), the Objections of the Plainti ffs are overruled, and the Report and Recommendation is adopted and approved. Accordingly, as set forth above, Defendants' Motion to Dismiss (Docket No. 264) is GRANTED, and Plaintiffs' claims against Defendants Kajima Building and Design G roup, Inc. and Kajima USA, Inc. are DISMISSED. This action is referred to the Magistrate Judge to determine Plaintiffs' Motion to Allow Service by Publication (Docket No. 316), and to determine which, if any, remaining Defendants have been prope rly served and are before the Court in this action. In addition, the Magistrate Judge shall recommend disposition of the Defendants (Lasko, Linden, Vega and Lucinda Watkins) against whom default has been entered. Docket No. 295. IT IS SO ORDERED. Signed by Chief Judge Todd J. Campbell on 3/21/11. (xc:Pro se party by regular and certified mail.)(af)
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Filing
368
REPORT AND RECOMMENDATION: The Magistrate Judge recommends that defts Kajima Building and Design Group, Inc. and Kajima USA, Inc.'s 264 MOTION to Dismiss be granted and that the complaint, as amended, against them be dismissed. Signed by Magistrate Judge John S. Bryant on 3/4/11. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
347
ORDER: The Magistrate Judge's 328 Report and Recommendation is adopted and approved. Deft Equifax Information Services LLC's 238 Motion to Set Aside Default is GRANTED, and the 230 default is is set aside. In addition, deft's 241 Motion to Dismiss is GRANTED and pltfs' claims against Equifax Information Services LLC are DISMISSED. Signed by Chief Judge Todd J. Campbell on 1/28/11. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
328
REPORT AND RECOMMENDATION: The Magistrate Judge recommends that deft Equifax Information Services LLC's 238 motion to set aside the Clerk's entry of default and 241 motion to dismiss be granted, that the Clerk's entry of default be set aside, and that the complaint, as amended, against this deft be dismissed. Signed by Magistrate Judge John S. Bryant on 1/12/10. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
284
ORDER: The Magistrate Judge's 231 , 246 , 250], 252 Reports and Recommendations are adopted and approved. Deft's 197 Motion to Dismiss is GRANTED, and pltf's claims against deft Dorris are DISMISSED. Defts' 208 , 210 Moti ons to Dismiss are GRANTED, and pltf's claims against defts Hunter, Sands, Vail, the State of California, and Cavallo are DISMISSED. Defts' 199 Motion to Dismiss Pltfs' Request for Entry of Default and Motion to Strike the Amended Co mplaint is GRANTED in part and DENIED in part. Any claims against Kajima Corporation are DISMISSED. Any claims against Kajima International, Inc. are DISMISSED. In all other respects, defts motion is DENIED. This case is referred to the Magistrate Judge for further pretrial proceedings in accordance with the prior referral Order. Signed by Chief Judge Todd J. Campbell on 9/23/10. (xc:Pro se party by regular and certified mail.)(rd) Modified on 9/23/2010 (rd).
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Filing
252
REPORT AND RECOMMENDATION that 199 MOTION to Dismiss Plaintiffs' Request for Entry of Default, or in the Alternative, to Set Aside Any Default and MOTION to Strike the Amended Complaint be GRANTED in party and DENIED in part. Any party has 14 days from service of this Report and Recommendation in which to file any written objections to this Recommendation, with the District Court. Signed by Magistrate Judge John S. Bryant on 09/03/2010. (xc:Pro se party by regular and certified mail.)(ab)
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Filing
250
REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the 208 motion to dismiss by defts Hunter, Sands, Vail and State of California, and the 210 motion to dismiss by deft Cavallo be GRANTED and the amended complaint against them be DISMISSED. Signed by Magistrate Judge John S. Bryant on 9/1/10. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
172
ORDER: Plaintiff's objections to the R&R (Docket Entry No. 171 ) are hereby OVERRULED; the R&R (Docket Entry No. 167 ) is hereby ACCEPTED; Plaintiffs' Motion For Leave To Amend Complaint As Attached (Docket Entry No. 145 ) is hereby GRAN TED IN PART and DENIED IN PART. The Motion is GRANTED as to Defendants Anne Hunter, Stephen Sands, Peter Vail and the State of California and all other Defendants not previously dismissed. The Motion is DENIED as to Defendants Don L. Smith, Jefferson C. Orr, and Gregory L. Cashion and the previously dismissed Defendants; Plaintiffs' Motions For Leave To Further Amend Complaint As Attached (Docket Entry Nos. 158 & 160 ) are hereby DENIED; the Motion to Dismiss Defendants Don L. Smith, Jef ferson C. Orr, and Gregory L. Cashion (Docket Entry No. 140 ) is hereby GRANTED and these Defendants are dismissed from the case for failure to state a claim against them, Fed.R.Civ.P. 12(b)(6); Defendants Anne Hunter, Stephen Sands, Peter Vail, and State of California's Motion to Dismiss (Docket Entry No. 137 ) is hereby DENIED WITHOUT PREJUDICE AS MOOT; and this case is hereby returned to the Magistrate Judge for further pretrial proceedings. Signed by Senior Judge Robert Echols on 9/18/09. (cc: pltfs by reg mail and cert mail)(km)
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Filing
167
REPORT AND RECOMMENDATION that Plaintiffs' initial motion to amend (Docket Entry No. 145 ) be DENIED as to the Tennessee Defendants and the previously Dismissed Defendants, and GRANTED as to the California Defendants and all other defendants no t previously dismissed. The undersigned also RECOMMENDS that Plaintiffs' subsequent motions for leave to further amend their Complaint (Docket Entry Nos. 158 and 160 ) be DENIED. Finally, the undersigned RECOMMENDS that the Tennessee Defendan ts' motion to dismiss for failure to state a claim be GRANTED and that the California Defendants' motion to dismiss be DENIED without prejudice as moot. Signed by Magistrate Judge John S. Bryant on 8/7/09. (cc: pltfs by reg and cert mail)(km)
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