U.S. District Courts - California ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCommunicationsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawNative Americans LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation UNITED STATES of America, Plaintiff, v. Frederick Lim JOHNSON, Defendant. , N.D.Cal., November 18, 2009 ORDER VAUGHN R. WALKER, Chief Judge. Defendant Frederick Lim Johnson moves to vacate, set aside or correct his sentence pursuant to USC § 2255, claiming ineffective assistance of counsel ("IAC"). For the reasons set forth herein, the court DISMISSES Johnson's motion. I On June 12, 2007, a grand jury indicted Johnson for being a felon in possession of a firearm in violation of 18 USC § 922(g)(1). CR Doc # 15. Johnson entered a plea of not guilty, and on August 17, 2008, a jury found J... SANTA ROSA MEMORIAL HOSPITAL, et al., Plaintiffs, v. David MAXWELL-JOLLY, Director of the California Department of Health Care Services, Defendant. , N.D.Cal., November 18, 2009 ORDER GRANTING AMENDED MOTION FOR PRELIMINARY INJUNCTION SAMUEL CONTI, District Judge. I. INTRODUCTION This matter comes before the Court on Plaintiffs' Amended Motion for Preliminary Injunction. Docket No. 60 ("Am. Mot. for Prelim. Inj."). Plaintiffs are non-contract hospitals in the State of California. See Docket No. 7 ("Am.Compl.") ¶ 6. Defendant David Maxwell-Jolly ("Defendant"), Director of the California Department of Health Care Services ("Department"), filed an Opposition and Plainti... Leon Eugene MORRIS, Plaintiff, v. J. WOODFORD, Former Director; et al., Defendants. , N.D.Cal., November 18, 2009 ORDER OF SERVICE AND PARTIAL DISMISSAL SUSAN ILLSTON, District Judge. INTRODUCTION Leon Eugene Morris, an inmate at Folsom State Prison, filed a pro se civil rights action under 42 U.S.C. § 1983. The court reviewed his original complaint and dismissed it with leave to amend. Morris' amended complaint is now before the court for review under 28 U.S.C. § 1915A. His second motion for appointment of counsel and his motion for leave to proceed in forma pauperis also are before the court for conside... James SINGH, Plaintiff, v. CITY OF OAKLAND, Defendant. , N.D.Cal., November 18, 2009 ORDER GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DISMISSING FOR LACK OF JURISDICTION SUSAN ILLSTON, District Judge. Defendant City of Oakland has filed a motion for summary judgment. This matter is currently set for hearing on November 20, 2009. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing. Having considered the papers submitted, and for good cause shown, the Court GRANTS in p... CALIFORNIA ALLIANCE OF CHILD AND FAMILY SERVICES, Plaintiff, v. John WAGNER, Director of the California Department of Social Services, in his official capacity; Gregory Rose, Deputy Director of the Children and Family Services Division of the Calif, N.D.Cal., November 18, 2009 MEMORANDUM & ORDER Re: Plaintiff's Motion for a Preliminary Injunction MARILYN HALL PATEL, District Judge. Plaintiff represents the interests of certain agencies that operate group homes in California. These group homes provide care and supervision for foster children with emotional or behavioral problems who cannot live safely in their own homes or another family setting. Defendants administer the State of California's contributions to the funding to such group homes. Plaintiff has brought t... NETBULA, LLC and Dongxiao Yue, Plaintiffs, v. CHORDIANT SOFTWARE, INC., Steven R. Springsteel, and Derek P. Witte, Defendants. , N.D.Cal., November 18, 2009 ORDER DENYING PLAINTIFFS' MOTION TO COMPEL DISCOVERY FROM DEFENDANT DEREK WITTE HOWARD R. LLOYD, United States Magistrate Judge. Plaintiffs Netbula LLC ("Netbula") and Dongxiao Yue sue for alleged copyright infringement of Netbula's software products. They claim that defendants' use of Netbula's products is either unlicensed or exceeds the licensed use. Defendant Derek Witte is the former Vice President and General Counsel of defendant Chordiant Software, Inc. ("Chordiant"). He reportedly has... Zuleima BOTELLO, a minor, by and through her Guardian ad Litem, Sonia Burruete, Plaintiff, v. MORGAN HILL UNIFIED SCHOOL DISTRICT, et al., Defendants. , N.D.Cal., November 18, 2009 ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND (2) GRANTING DEFENDANTS' MOTION TO STRIKE HOWARD R. LLOYD, United States Magistrate Judge. Plaintiff Zuleima Botello, a former seventh-grade student within defendant Morgan Hill Unified School District ("MHUSD"), was allegedly harassed by her classmates because she is a lesbian or is perceived to be lesbian. This harassment culminated in April 2008 when another student physically attacked Botello at school, causi... James Edward STANFIELD, Sr., Plaintiff, v. Steven CALLAWAY, et al., Defendants. , E.D.Cal., November 18, 2009 FINDINGS AND RECOMMENDATIONS OBJECTIONS DUE WITHIN 30 DAYS SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff James Edward Stanfield, Sr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 4, 2009, Plaintiff filed a motion seeking a court order requiring the Fresno County Jail Sheriff's Department to allow Plaintiff to access the legal library. Plaintiff seeks injunctive relief. When an i... Michael KEY, Jr., Petitioner, v. J. WALKER, Warden, Respondent. , N.D.Cal., November 18, 2009 ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS CHARLES R. BREYER, District Judge. Petitioner seeks a writ of habeas corpus under 28 U.S.C. § 2254. For the reasons set forth below, the petition is denied. STATEMENT OF THE CASE After a jury trial in the Superior Court of the State of California in and for the County of Alameda, petitioner was found guilty of multiple offenses: one count of first degree murder, three counts of attempted murder, one count of carjacking, one count of sec... Dario DRAKES, Petitioner, v. Jerry BROWN, Attorney General of the State of California; Chuck Rosa, Warden, La Palma Correctional Center, Respondents. , N.D.Cal., November 18, 2009 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS SUSAN ILLSTON, District Judge. INTRODUCTION This is a federal habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is denied. BACKGROUND In 2005, an Alameda County Superior Court jury convicted Petitioner of stalking, first degree residential burglary, two counts of assault with a firearm, misdemeanor assault, misdemeanor battery, misdemeanor battery against a person who is ... Alfred CABALLERO, Plaintiff, v. GONZALEZ, Morales, Defendants. , C.D.Cal., November 18, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE JOHN F. WALTER, District Judge. Pursuant to 28 U.S.C. section 636, the Court has reviewed the Second Amended Complaint, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation. IT IS ORDERED that: (1) the Report and Recommendation of the Magistrate Judge is approved and a... Jean-Jacques PERREY, et al., Plaintiffs, v. TELEVISA, S.A. DE C.V., etc., et al., Defendants. , C.D.Cal., November 18, 2009 Joseph L. Golden, Law Offices of Joseph L. Golden, Los Angeles, CA, for Plaintiffs. Dylan Ruga, Seong Hwan Kim, Steptoe and Johnson LLP, Carly Alison Steinbaum, Stephen G. Contopulos, Sidley Austin LLP, Los Angeles, CA, for Defendants. MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO MODIFY SUBPOENA RALPH ZAREFSKY, United States Magistrate Judge. This matter came before the Court on November 16, 2009 on the motion of Plaintiffs Jean-Jacques Perrey et al. to modify a subpoe... Akbar ABDOLLAHI and Parvin Abdollahi, individuals, Plaintiffs, v. WASHINGTON MUTUAL, FA; West Coast Financial Corporation, a California corporation; JP morgan chase, a New York corporation; and Does 1-100, inclusive, Defendants. , N.D.Cal., November 17, 2009 ORDER GRANTING DEFENDANT JPMORGAN'S (1) MOTION TO DISMISS AND (2) REQUEST FOR JUDICIAL NOTICE HOWARD R. LLOYD, United States Magistrate Judge. Plaintiffs Akbar and Parvin Abdollahi purchased a home in Los Altos, California in November 2006 using an adjustable-rate mortgage ("ARM Note") from Washington Mutual Bank ("Washington Mutual"). West Coast Financial Corporation ("West Coast") acted as the broker for the loan. The loan was secured by a deed of trust on the property with Washington Mutua... Rosalba SANDOVAL, individually, and on behalf of all other similarly situated current and former employees of Courtyard Marriott and Tharaldson Employee Management, Inc., Plaintiff, v. THARALDSON EMPLOYEE MANAGEMENT, and Does 1 through 100, inclusi, C.D.Cal., November 17, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER: (1) CONDITIONALLY CERTIFYING SETTLEMENT CLASS; (2) GRANTING PRELIMINARY APPROVAL TO PROPOSED CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION; (3) DIRECTING DISSEMINATION OF CLASS NOTICE AND CLAIM FORM TO CLASS; AND (4) SETTING FINAL APPROVAL HEARING DATE AND RELATED DATES VIRGINIA A. PHILLIPS, District Judge. I. BACKGROUND On October 30, 2007 in the California Superior Court for the County of San Bernardino, Plaintiff Rosalba Sandoval ("Plaintiff") f... SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 121RN and Service Employees International Union, United Healthcare Workers-West, Plaintiffs, v. LOS ROBLES REGIONAL MEDICAL CENTER d/b/a Los Robles Hospital Medical Center; Riverside Healthcare Community, N.D.Cal., November 17, 2009 ORDER [FN1] DENYING CONDITIONALLY PLAINTIFFS' MOTION FOR INJUNCTIVE RELIEF PENDING ARBITRATION FN1. This disposition is not designated for publication in the official reports. JEREMY FOGEL, District Judge. I. INTRODUCTION Plaintiffs Service Employees International Union, Local 121RN and Service Employees International Union United Healthcare Workers-West (collectively "SEIU") seek injunctive relief requiring Defendants Los Robles Regional Medical Center D/B/A Los Robles Hospital Medical Cente... Donald JEFFERY, Plaintiff, v. M.T.A. BENNGE, et al., Defendants. , E.D.Cal., November 17, 2009 ORDER STRIKING REQUEST FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT, AND DENYING REQUEST FOR SERVICE ON THIRD PARTY SANDRA M. SNYDER, United States Magistrate Judge. On October 13, 2009, Plaintiff filed a request that his proposed fourth amended complaint be accepted, and a request that all filings be served on inmate Kevin D. Bryant, who is assisting Plaintiff with this action. Plaintiff filed a motion seeking leave to file a fourth amended complaint on September 4, 2009. Defendants fil... Tina Lavon THOMPSON, Petitioner, v. K. EICHENBERGER, Respondent. , C.D.Cal., November 17, 2009 ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE PERCY ANDERSON, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings filed in support of and in opposition to Respondent's motion to dismiss the Petition, the records on file, and the Report and Recommendation of United States Magistrate Judge. No objections to the Report and Recommendation have been filed. The Court hereby accepts the Magistrate Ju... FABRIC SELECTION, INC. a California corporation, Plaintiff, v. WAL-MART STORES, INC., a Delaware corporation; L'Koral Incorporated, a California corporation, Defendants. , C.D.Cal., November 17, 2009 Andrew V. Jablon, Michael C. Baum, Resch Polster & Berger LLP, Los Angeles, CA, for Plaintiff. Laura Lindsay Chapman, Foley and Lardner LLP, San Francisco, CA, Jane Shay Wald, Irell & Manella LLP, Los Angeles, CA, for Defendants. Order (1) Denying Defendant's Motion to Disqualify Plaintiff's Counsel (2) Denying Plaintiff's Ex Parte Application to Strike "New Matter" from Defendant's Reply Brief DEAN D. PREGERSON, District Judge. Presently before the Court is Defendant Wal-Mart Stores, In... In re EXTREME NETWORKS, INC. SHAREHOLDER DERIVATIVE LITIGATION. This Document Relates To: All Actions. , N.D.Cal., November 17, 2009 Robert Bramson, Emanuel Shachmurove, Aelish Marie Baig, Lawrence Timothy Fisher, Alan R Plutzik, Frank James Johnson, Shawn A. Williams, Eric L. Zagar, Lucas F. Olts, for Plaintiffs. John Henry Hemann, Jonathan DeGooyer, Joseph Edward Floren, Laura Alexis Lee, for Defendants. ORDER DENYING NOMINAL DEFENDANT'S MOTION TO STRIKE AND MOTION TO DISMISS RONALD M. WHYTE, District Judge. Lead plaintiff Kathleen Wheatley brings the present action as a derivative suit on behalf of Extreme Netw... Lynda CARTWRIGHT and Lloyd Cartwright, on behalf of themselves and all others similarly situated, Plaintiffs, v. VIKING INDUSTRIES, INC., an Oregon Corporation, and Does 1-100 inclusive, Defendants. , E.D.Cal., November 17, 2009 FRANK C. DAMRELL, JR., District Judge. This matter is before the court on defendant Viking Industries, Inc. ("Viking" or "defendant") motion for reconsideration, pursuant to Rules 23(c)(1)(C) and 59(e) of the Federal Rules of Civil Procedure, of the court's September 14, 2009 Memorandum and Order (the "September 14 Order"), granting in part and denying in part plaintiffs' motion for class certification. [FN1] Specifically, the court certified the following class with respect to plaintiffs' C... BNSF RAILWAY COMPANY, a Delaware corporation, Plaintiff, v. SAN JOAQUIN VALLEY RAILROAD COMPANY, et al., Defendants. , E.D.Cal., November 17, 2009 ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR SANCTIONS AND DIRECTING PLAINTIFF'S COUNSEL TO SUBMIT EVIDENCE OF ATTORNEY'S FEES (DOC. 46) ORDER DENYING PLAINTIFF'S MOTION TO STRIKE DEPOSITION TRANSCRIPT ERRATA AND GRANTING ALTERNATIVE REQUEST FOR RENEWED DEPOSITION OF WITNESS PATTERSON WITH PAYMENT OF COSTS AND EXPENSES (DOC. 71) SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff is proceeding with a civil action in this Court. The matter has been referred to the Magistrate Jud... Robert PRITIKIN, et al., Plaintiffs, v. COMERICA BANK, et al., Defendants. , N.D.Cal., November 17, 2009 Robert M. Lubin, Joseph Camenzind, IV, Law Office of Robert Lubin, San Mateo, CA, Kenneth Pritikin, Law Offices of Kenneth Pritikin, Walnut Creek, CA, for Plaintiffs. Richard C. Darwin, Buchalter Nemer, Attorneys at Law, San Francisco, CA, for Defendants. ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND JEREMY FOGEL, District Judge. I. BACKGROUND Plaintiffs, a group of sixty-four investors, filed the instant action on July 20, 2009, alleging claims for aiding and abetting a breach of ... Enriquez VASQUEZ and Juan Andres Ruiz on behalf of a class of similarly situated employees, Plaintiffs, v. COAST VALLEY ROOFING, INC., dba Coast Roofing, and Francis Dominic Giangrossi, Defendants. , E.D.Cal., November 17, 2009 Hector Rodriguez Martinez, Stanley S. Mallison, Marco A. Palau, Law Office of Mallison & Martinez, Lafayette, CA, for Plaintiffs. David A. Dixon, Dowling, Aaron & Keeler, Inc., Bakersfield, CA, for Defendants. MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFFS' REQUEST FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DOC. 52) OLIVER W. WANGER, District Judge. I. INTRODUCTION Plaintiffs Enriquez Vasquez and Juan Andres Ruiz brought this action on behalf of themselves and approximate... UNITED STATES of America, Plaintiff, v. Ricardo CLEMENTE-RAMOS, Defendant. , S.D.Cal., November 17, 2009 U.S. Attorney U.S. Attorneys Office, Southern District of California, San Diego, CA, for Plaintiff. ORDER HAYES, District Judge. The matter before the Court is the motion to dismiss the indictment due to invalid deportation filed by Defendant Ricardo Clemente-Ramos. (Doc.# 6). BACKGROUND Defendant is charged in one count indictment with attempted entry after deportation in violation of 8 U.S.C. § 1326(a) and (b). Defendant moves the Court to dismiss the indictment against him on the g... COALITION FOR A SUSTAINABLE DELTA, et al., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, et al., Defendants. , E.D.Cal., November 17, 2009 Audrey M. Huang, Paul S. Weiland, Robert C. Horton, Nossaman LLP, Irvine, CA, Amelia Minaberrigarai, Bakersfield, CA, for Plaintiffs. James A. Maysonett, Kevin William McArdle, Ethan Carson Eddy, Department of Justice, Washington, DC, Allison Ernestine Goldsmith, Cecilia Louise Dennis, Clifford Thomas Lee, Michael M. Edson, Attorney General's Office for the State of California, San Francisco, CA, Daniel Joseph O'Hanlon, Hanspeter Walter, Rebecca Dell Sheehan, Kronick, Moskovitz, Tiedemann & G... Barry Louis LAMON, Petitioner, v. Derral G. ADAMS, Respondent. , E.D.Cal., November 17, 2009 Barry Louis Lamon, Corcoran, CA, pro se. William Ke-Wei Kim, California Attorney General's Office, Fresno, CA, for Respondent. FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS SANDRA M. SNYDER, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. RELEVANT HISTORY Following a jury trial in the Kings County Superior Court, Petitioner was convicted of felony batt... Luis Ignancio AVILA-GIL, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Cal., November 17, 2009 US Attorney CR, US Attorneys Office, Southern District of California, San Diego, CA, for Respondent. Candis Lea Mitchell, Federal Defenders of San Diego, San Diego, CA, for Petitioner. ORDER GORDON THOMPSON, JR., District Judge. On October 14, 2008, Petitioner, Luis Ignancio Avila-Gil ("Mr.Avila"), filed a Motion for Reduction of Sentence, presumably pursuant to 28 U.S.C. § 2255. Mr. Avila requests a downward departure based on his status as a deportable alien, which Mr. Avila asserts "s... Joseph GRIMES, Petitioner, v. SALINAS VALLEY STATE PRISON, Respondent. , N.D.Cal., November 17, 2009 Joseph Grimes, Soledad, CA, pro se. ORDER OF DISMISSAL AND INSTRUCTIONS TO THE CLERK JEFFREY S. WHITE, District Judge. Petitioner, incarcerated at Salinas Valley State Prison in Soledad, filed this pro se habeas corpus petition pursuant to 28 U.S.C. § 2254 challenging his placement in administrative segregation as a result of a disciplinary proceeding against him. Petitioner filed the instant habeas petition in his own handwriting and not on this Court's form. The header on Petitioner's pap... Juan Carlos MARTINEZ-OCHOA, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Cal., November 17, 2009 ORDER GORDON THOMPSON, JR., District Judge. On October 27, 2008, Petitioner, Juan Carlos Martinez-Ochoa ("Mr.Martinez"), filed a Motion for Reduction of Sentence, presumably pursuant to 28 U.S.C. § 2255. Mr. Martinez requests a downward departure based on his status as a deportable alien, which Mr. Martinez asserts "should have been considered as a mitigating factor" at his sentencing. The Court has fully considered this matter, including a review of Mr. Martinez's brief filed, the authoriti... Ruben F. CONTRERAS, Petitioner, v. J.A. YATES, Respondent. , E.D.Cal., November 17, 2009 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT TO ENTER JUDGEMENT ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY JOHN M. DIXON, United States Magistrate Judge. Petitioner Ruben F. Contreras ("Petitioner") is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. PROCEDURAL HISTORY Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation at Pleasant... Roger SAESEE, Petitioner, v. Robert A. HOREL, Respondent. , E.D.Cal., November 17, 2009 FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS JOHN M. DIXON, United States Magistrate Judge. Petitioner Roger Saesee ("Petitioner") is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. PROCEDURAL HISTORY Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation at Pelican Bay State Prison, pursuant to a judgement of the Tulare County Superior Court. (Pet. at 2)... Joseph B. MATTHEWS, Plaintiff, v. LAHEY, et al., Defendants. , E.D.Cal., November 17, 2009 ORDER and FINDINGS AND RECOMMENDATIONS [FN1] FN1. Although plaintiff consented to have this case proceed before the undersigned, the unserved defendants who responded herein have not yet consented. The undersigned finds it improper therefore to proceed at this time as if the entire case is to proceed before the undersigned. GREGORY G. HOLLOWS, United States Magistrate Judge. I. Introduction Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U... CATHOLIC SOCIAL SERVICES, INC.,--Immigration Program, et al., Plaintiffs, v. Michael CHERTOFF, Secretary U.S. Department of Homeland Security, et al., Defendants. , E.D.Cal., November 17, 2009 ORDER LAWRENCE K. KARLTON, Senior District Judge. Julio Cesar Benitez ("Benitez") has filed objections to the special master's decision that he was not entitled to class membership under the court approved settlement agreement in this case. For the foregoing reasons, the court grants Benitez sixty (60) days to present information to the court that his criminal convictions do not bar class membership. If Benitez fails to provide the court with information on this issue, Benitez objections will... Claudell Earl MARTIN, Plaintiff, v. Jeanne S. WOODFORD, et. al., Defendants. , E.D.Cal., November 17, 2009 RECONSIDERATION ORDER (Doc. 50.) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION In this inmate civil rights action, pro se plaintiff Claudell Earl Martin ("plaintiff") seeks reconsideration of the magistrate judge's order denying plaintiff's motion for appointment of counsel. For the reasons discussed below, this Court DENIES plaintiff reconsideration. BACKGROUND United States Magistrate Judge Dennis Beck issued his August 20, 2009 order ("August 20 order") to address plaintiff's req... James WILKERSON, a.k.a., Adonai El-Shaddai, Plaintiff, v. B. WHEELER, et al., Defendants. , E.D.Cal., November 17, 2009 ORDER FRANK C. DAMRELL, JR., District Judge. Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On March 13, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and r... Matthew Douglas HARNEY, Plaintiff, v. SAN FRANCISCO POLICE DEPARTMENT, et al., Defendants. , N.D.Cal., November 17, 2009 DISMISSAL WITH LEAVE TO AMEND JAMES LARSON, United States Magistrate Judge. I. Plaintiff's Application to file in forma pauperis ("IFP") . A. General requirements to file IFP "The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court ... to pay a filing fee of $350...." 28 U.S.C. § 1914(a). In the alternative, "[a]ny court of the United States may authorize the commencement ... of any suit ... without prepayment of fees and costs... Christine JONES and Mark Jones, Plaintiffs, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. , E.D.Cal., November 17, 2009 ORDER STRIKING ORIGINAL COMPLAINT AND DIRECTING PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT THIRTY DAY DEADLINE FOR PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT SANDRA M. SNYDER, United States Magistrate Judge. I. PROCEDURAL HISTORY Plaintiffs, Christine Jones and Mark Jones ("Plaintiffs"), husband and wife, are proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Mr. Jones is a state prisoner. Mrs. Jones is not incarcerated. Plainti... Lawrence Dee WILLIAMS, Plaintiff, v. Fresno Police Chief Jerry DYER, et al., Defendants. , E.D.Cal., November 17, 2009 FINDINGS AND RECOMMENDATION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND FOR FAILURE TO STATE A BASIS FOR JURISDICTION IN THIS COURT (Doc. 4) SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff is a state prisoner who is proceeding pro se and in forma pauperis with an action for damages and other relief concerning alleged civil rights violations. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and ... Alfred Ruben GONZALES, Petitioner, v. Derral G. ADAMS, et al., Respondents. , E.D.Cal., November 17, 2009 ORDER MORRISON C. ENGLAND, JR., District Judge. Petitioner, a state prisoner proceeding pro se with a petition for writ of habeas corpus, has filed a motion for reconsideration of this court's order filed on September 30, 2009, which adopted in full the August 28, 2009 findings and recommendations of the magistrate judge. The motion fails to demonstrate any new or different facts or circumstances which did not exist or were not previously shown. See E.D. Local Rule 78-230(k). Accordingly, the... Tahee ABD' RASHEED, Petitioner, v. Warden HARRINGTON, et al., Respondents. , E.D.Cal., November 17, 2009 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT SANDRA M. SNYDER, United States Magistrate Judge. Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has consented to exercise of Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). On August 31, 2009, Petitioner filed a petition for writ of habeas corpus. Following a preliminary review of the petition, on October 6, 20... Monte RUSSELL and Daniel Freedman, on behalf of themselves and others similarly situated, Plaintiffs, v. WELLS FARGO AND COMPANY and Wells Fargo Bank, N.A., Defendants. , N.D.Cal., November 17, 2009 William M. Audet, Adel A. Nadji, Audet & Partners, LLP, San Francisco, CA, Kelly A. Swanson, Shawn M. Raiter, T. Joseph Snodgrass, Larson King LLP, Saint Paul, MN, for Plaintiffs. Glenn Lansing Briggs, Theresa Ann Kading, Attorney at Law, Irvine, CA, for Defendants. ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' CROSS-MOTION CLAUDIA WILKEN, District Judge. Plaintiffs Monte Russell and Daniel Freedman and Defendants W... Jason STEVENS, Plaintiff, v. THOMAS KELLER RESTAURANT GROUP, et al., Defendants. , N.D.Cal., November 17, 2009 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT EDWARD M. CHEN, United States Magistrate Judge. In February 2009, Plaintiff Jason Stevens initiated this lawsuit against Defendants Thomas Keller Restaurant Group, Bouchon LP, and Bouchon LLC, asserting claims for fraud, promissory fraud, negligent misrepresentation, breach of contract, and promissory estoppel. See Docket No. 1 (complaint). Currently pending before the Court is Mr. Stevens'... Maximilian MONCLOVA-CHAVEZ, Plaintiff, v. Eric McEACHERN, et al., Defendants. , E.D.Cal., November 17, 2009 FINDINGS AND RECOMMENDATIONS RECOMMENDING DENIAL OF MOTION FOR PRELIMINARY INJUNCTIVE RELIEF OBJECTIONS DUE WITHIN 30 DAYS SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff Maximilian Monclova-Chavez ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal acto... Ronald SMITH, Petitioner, v. William J. SULLIVAN, Respondent. , C.D.Cal., November 16, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE VALERIE BAKER FAIRBANK, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), all of the records herein, and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the United States Magistrate Judge's Report and Recommendation. IT IS ORDERED that Ju... Gary R. SINCLAIR, Plaintiff, v. CONTRA COSTA COUNTY SHERIFF'S OFFICE, et al., Defendants. , N.D.Cal., November 16, 2009 ORDER OF DISMISSAL SAUNDRA BROWN ARMSTRONG, District Judge. Plaintiff Gary R. Sinclair, a state prisoner, has filed the present pro se civil rights action pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights while he was in custody at West County Detention Facility (WCDF), and prior to that, while he was at San Quentin State Prison (SQSP). His motion for leave to proceed in forma pauperis has been granted. Venue is proper in this district because the events giving... Robert TAPIA, Petitioner, v. James A. YATES, Respondent. , E.D.Cal., November 16, 2009 ORDER GREGORY G. HOLLOWS, United States Magistrate Judge. Petitioner, a state prisoner proceeding pro se, has filed this late notice of appeal of this court's dismissal of his application for a writ of habeas corpus. On December 19, 2008, respondent filed a motion to dismiss as the petition was filed beyond the one-year statute of limitations. Petitioner never filed an opposition and on February 10, 2009, the court ordered petitioner to show cause why the motion to dismiss should not be grant... Tomas L. MENEWEATHER, Plaintiff, v. Warden EVANS, et al., Defendants. , N.D.Cal., November 16, 2009 ORDER OF DISMISSAL WITH LEAVE TO AMEND SAUNDRA BROWN ARMSTRONG, District Judge. INTRODUCTION Plaintiff, a state prisoner at Salinas Valley State Prison (SVSP), filed a document entitled, "Petition Request for Federal Injunction and Order of Protection Pursuant to Title 18 United States Code Section 241, and 242" directed to the Honorable Thelton E. Henderson of this Court, which was opened as a new pro se civil rights action. His motion for leave to proceed in forma pauperis has been granted. ... UNITED STATES of America, Plaintiff(s), v. Stephen HARD, Defendant(s). , C.D.Cal., November 16, 2009 ORDER GRANTING FIRST MOTION IN LIMINE DAVID O. CARTER, District Judge. Before the Court is Defendant Stephen T. Hard ("Hard")'s First Motion in Limine (the "Motion"), which moves for an order excluding the evidence referenced in the Government's First Notice of Intent to Admit Evidence Pursuant to Rule 404(b) filed on August 4, 2009. After considering the moving and opposing papers and parties' oral argument, and after reviewing the relevant evidence in the jury's absence, the Court hereby GR... James O. ALBERTSON, Plaintiff, v. MONUMENTAL LIFE INSURANCE COMPANY, Globe Life & Accident Insurance Company, and Does 1-10, inclusive, Defendants. , N.D.Cal., November 16, 2009 Melbourne Brady Weddle, for Plaintiff. Catherine T.S. Gregory, Laura E. Fannon, Sean Patrick Nalty, for Defendants. ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER VENUE TO SOUTHERN DISTRICT OF CALIFORNIA RONALD M. WHYTE, District Judge. Defendant Monumental Life Insurance Company moves to transfer venue to the Southern District of California for the convenience of the parties and in the interest of justice pursuant to 28 U.S.C. § 1404(a). Plaintiff James O. Albertson opposes the motio... WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE CLARA POPPIC TRUST, Plaintiff, v. Kenneth G. RENZ; Estate of Jackson R. Dennison; Estate of Wiley Umstead; Kazuko Umstead; Won Jae Yi aka Michael Yi; Nan Y. Park; Guan Huang; Ying Zhang and Sui Song, Defen, N.D.Cal., November 16, 2009 ORDER SAUNDRA BROWN ARMSTRONG, District Judge. This matter comes before the Court on Defendant Kazuko Umstead's ("Defendant Umstead") Motion to Amend the Court's Order for Pretrial Preparation for Leave to File First Amended Cross-Claim and Second Amended Third-Party Complaint to Add Newly Discovered Parties ("Motion"). (Docket No. 189.) The hearing on the Motion is set for November 17, 2009. After a responsive pleading has been served, the Federal Rules of Civil Procedure allow a party t... Roberto QUIROZ v. COUNTRYWIDE BANK, N.A.; et al. , C.D.Cal., November 16, 2009 Proceedings: MOTION TO DISMISS COMPLAINT AGAINST DEFENDANTS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED OR., ALTERNATIVELY, FOR SUMMARY JUDGMENT (filed 10/15/09) CHRISTINA A. SNYDER, Judge. Catherine Jeang, Deputy Clerk. Laura Elias, Court Reporter / Recorder. I. INTRODUCTION & BACKGROUND On August 11, 2009, plaintiff Roberto Quiroz filed the instant action against Countrywide Bank, N.A. ("Countrywide"); Bank of America, N.A. ("BofA"); and Does 1 through 10 for the... Leoncio HERRERA, Plaintiff, v. LOUISVILLE LADDER GROUP, LLC, et al., Defendant(s). , C.D.Cal., November 16, 2009 ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ANDREW J. GUILFORD, District Judge. This case involves a products liability claim arising out of an incident where Plaintiff Leoncio Herrera ("Mr.Herrera") fell off of a sixteen foot extension ladder, causing him serious injuries. Defendant Louisville Ladder Group, Inc. ("Louisville Ladder") now brings a Motion for Summary Judgment ("Motion"). After considering all arguments and papers submitted, the Motion is DENIED. BACKGROUND On Marc... B-K LIGHTING, INC., a California corporation, Plaintiff, v. VISION3 LIGHTING, a business entity of unknown form, and Fresno Valves & Castings, Inc., a California Corporation, Defendants. , C.D.Cal., November 16, 2009 ORDER AWARDING FVC ATTORNEYS' FEES MARGARET M. MORROW, District Judge. This case involved a patent dispute between plaintiff B-K Lighting, Inc. and defendant Fresno Valves & Casting, Inc. Having previously declared the case exceptional and concluded that it was appropriate to award attorneys' fees to FVC, which prevailed on B-K's affirmative claims, the court now evaluates the reasonableness of the fees requested. I. FACTUAL AND PROCEDURAL BACKGROUND The court has issued multiple orders... AIRCRAFT TECHNICAL PUBLISHERS, a California company, Plaintiff, v. AVANTEXT, INC., a Pennsylvania corporation, Defendant. , N.D.Cal., November 16, 2009 ORDER: (1) GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT AND DISMISS COUNTERCLAIMS WITHOUT PREJUDICE AND (2) DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT OF THE '381 PATENT. SAUNDRA BROWN ARMSTRONG, District Judge. This is a patent infringement action brought by Plaintiff Aircraft Technical Publishers ("ATP") against Defendant Avantext, Inc. ("Avantext"). The Court has original jurisdiction pursuant to 28 U.S.C. § 1331. The parties presently are before the Cour... Jesus Argelo MACHIN, Plaintiff, v. Officer COSTAS; Metropolitan Correctional Center; Does 1-10, Defendants. , S.D.Cal., November 16, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT PURSUANT TOFed.R.Civ.P.12(b)(6) ANDFed.R.Civ.P.56(c) IRMA E. GONZALEZ, Chief Judge. I. Procedural Background Jesus Argelio Machin ("Plaintiff"), a former criminal pretrial detainee at the Metropolitan Correctional Center ("MCC") in San Diego, is proceeding in pro se and in forma pauperis with this civil action, which he filed pursuant to 42 U.S.C. § 1983. Plaintiff claims to have been injured on August 11, 2005 at MCC wh... Joycee D. BOWEN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 16, 2009 MEMORANDUM OPINION AND ORDER REVERSING DECISION OF COMMISSIONER AND REMANDING FOR PAYMENT OF BENEFITS JOHN E. McDERMOTT, United States Magistrate Judge. PROCEEDINGS On January 12, 2009, Joycee D. Bowen ("Plaintiff" or "Claimant"), proceeding in forma pauperis, filed a complaint seeking review of the decision by the Commissioner of Social Security ("Commissioner") denying Plaintiff's application for both Social Security disability insurance benefits and Supplemental Social Security income. ... Michael O. DEVAUGHN, Petitioner, v. Stanley SNIFF, Riverside, County Sheriff, Respondent. , C.D.Cal., November 16, 2009 ORDER ADOPTING FINAL REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE TERRY J. HATTER, JR., District Judge. Pursuant to 28 U.S.C. Section 636(b)(1)(C), the Court has reviewed the Petition, all of the records and files herein and the attached Final Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Final Report and Recommendation. The Court concurs with and adopts the conclusions of the Magistrate Judge. IT IS ORDERED ... Alfred BROWN, Plaintiff, v. KYLE, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER DENYING MOTION TO AMEND COMPLAINT, WITHOUT PREJUDICE (Doc. 34.) SANDRA M. SNYDER, United States Magistrate Judge. I. BACKGROUND Plaintiff, Alfred Brown ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on November 15, 2004. (Doc. 1.) This case now proceeds on the First Amended Complaint filed by Plaintiff on October 23, 2006. (Doc. 17.) On August 21, 2009, Plaintiff filed... George E. JACOBS, IV, Plaintiff, v. Allen K. SCRIBNER, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANTS PARTIAL SUMMARY JUDGMENT ON PLAINTIFF'S CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND ASSAULT AND BATTERY UNDER CALIFORNIA LAW ANTHONY W. ISHII, Chief Judge. Plaintiff, George E. Jacobs, IV ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b... Michael VALDEZ, Plaintiff, v. Dean HOOVER, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER SANDRA M. SNYDER, United States Magistrate Judge. On October 9, 2009, findings and recommendations were entered, recommending dismissal of this action for Plaintiff's failure to oppose the motion to dismiss. On October23, 2009, Plaintiff filed a document titled as an opposition to the motion. Plaintiff seeks to have this action heard "on the merits" and not dismissed "on a technicality." Plaintiff also requests that should this action be dismissed, it should be dismissed with leave ... Russell Dwayne RODGERS, Plaintiff, v. Don HORSLEY, et al., Defendants. , N.D.Cal., November 16, 2009 ORDER OF SERVICE SAUNDRA BROWN ARMSTRONG, District Judge. INTRODUCTION Plaintiff Russell Dwayne Rodgers, a former inmate at San Mateo County Jail (SMCJ), has filed this civil rights action under 42 U.S.C. § 1983, alleging violations of his constitutional rights, including the use of excessive force in violation of the Eighth Amendment, retaliation, due process violations, and deliberate indifference to his safety. His motion for in forma pauperis has been granted. Thereafter, Plaintiff filed a... Carey Lewan GRAM, Plaintiff, v. NAPA STATE HOSPITAL, et al., Defendants. , N.D.Cal., November 16, 2009 ORDER OF DISMISSAL WITH LEAVE TO AMEND SAUNDRA BROWN ARMSTRONG, District Judge. INTRODUCTION Plaintiff Carey Lewan Gram, a state prisoner currently incarcerated at California State Prison--Sacramento, has filed the present pro se civil rights action pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights stemming from a March 9, 2006 incident of alleged excessive force by "lead staff" while he was at Napa State Hospital. (Compl. at 3.) His motion for leave to proceed in ... JUNIPER NETWORKS, INC., a Delaware corporation, Plaintiff, v. SSL SERVICES, LLC, a Maryland limited liability company, Defendant. , N.D.Cal., November 16, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS SAUNDRA BROWN ARMSTRONG, District Judge. Plaintiff Juniper Networks, Inc. ("Juniper") filed the instant declaratory relief action seeking a determination that it has not infringed nine patents owned by Defendant SSL Services LLC ("SSL"). The parties are presently before the Court on SSL's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, to Transfer the Case to Maryland. Having read and considered the papers filed in conne... Arthur J. GARCIA, Ronald K. Brooks, Betty Jean Norman, Roderick Vold, Robert Elander, and John Lynn, Individually and on Behalf of Others Similarly Situated, Plaintiffs, v. 3M COMPANY, Defendant. , N.D.Cal., November 16, 2009 ORDER GRANTING MOTION TO TRANSFER VENUE RONALD M. WHYTE, District Judge. Defendant 3M Company's motion to transfer venue pursuant to 28 U.S.C. § 1404(a) came on for hearing before the court on September 25, 2009. Plaintiffs oppose defendant's motion. The court has read the moving and responding papers and considered the arguments of counsel. For the reasons set forth below, the court grants defendant's motion for change of venue. I. BACKGROUND On May 4, 2009, the six named plaintiffs in... Pierre DUBE, Plaintiff, v. NETMANAGE, INC. LONG-TERM DISABILITY PLAN, Defendant. , N.D.Cal., November 16, 2009 Cassie Springer-Sullivan, Michelle L. Roberts, for Plaintiff. William J. Rimel, Rajiv Dharnidharka, Horace W. Green, for Defendants. ORDER GRANTING DEFENDANT'S MOTION TO VACATE DEFAULT JUDGMENT RONALD M. WHYTE, District Judge. Defendant NetManage, Inc. Long-Term Disability Plan (the "Plan") moves to vacate the default judgment entered against it on July 29, 2009. [FN1] Having considered the papers submitted by the parties, and for good cause appearing for the reasons set forth below,... Dorothy PERALTA, Steven S. Bigverdi and James Moscoso, on behalf of themselves and others similarly situated, Plaintiffs, v. COUNTRYWIDE HOME LOANS, INC., f/k/a America's Wholesale Lender, Countrywide Home Loans, Inc., and Countrywide Bank, FSB; an, N.D.Cal., November 16, 2009 ORDER DENYING MOTION TO REMAND AND TO STRIKE AND GRANTING MOTION TO TRANSFER PHYLLIS J. HAMILTON, District Judge. The motion of plaintiffs Dorothy Peralta, Steven S. Bigverdi, and James Moscoso ("plaintiffs") to remand this action to state court and to strike certain portions of defendant's evidence, and the motion of defendants Countrywide Home Loans and Countrywide Bank (collectively "defendant") to transfer this case to the Central District of California ("Central District") and motion to ... Willie McDADE, Petitioner, v. Lydia HENSE, Respondent. , E.D.Cal., November 16, 2009 FINDINGS AND RECOMMENDATION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. No Respondent has yet appeared in this case. On August 19, 2009, this Court issued an Order to Show Cause why the petition should not be dismissed for failure to exhaust administrative remedies, to wh... ROCK RIVER COMMUNICATIONS, INC. v. UNIVERSAL MUSIC GROUP, INC. , C.D.Cal., November 16, 2009 Maxwell Blecher, Courtney Palko, for Plaintiffs. Joshua Groban, Glenn Pomerantz, for Defendants. Proceedings: [UNDER SEAL] PLAINTIFF'S MOTION FOR REVIEW OF RULING OF MAGISTRATE JUDGE ANDREW J. WISTRICH (filed 10/19/09) [UNDER SEAL] PLAINTIFF'S MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT UNDER SEAL (filed 10/20/09) DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (filed 07/23/09) CHRISTINA A. SNYDER, Judge. CATHERINE JEANG Deputy Clerk LAURA ELIAS Court Reporter / Recorder I.... Curtis MARKSON, Petitioner, v. Matthew CATES, Secretary, Respondent. , C.D.Cal., November 16, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION VALERIE BAKER FAIRBANK, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's report and recommendation. The Court agrees with the recommendations of the magistrate judge. ACCORDINGLY, IT IS ORDERED: 1. The report and recommendation is adopted. 2. Respondent's Motion to Dismiss is granted. 3. Judgment shall be entered consistent with this order. 4.... Ramiro QUILES, Petitioner, v. Mike KNOWLES, Warden, Respondent. , C.D.Cal., November 16, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE VALERIE BAKER FAIRBANK, District Judge. Pursuant to 28 U.S.C. Section 636(b)(1)(C), the Court has reviewed the instant Petition along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation. IT IS ORDERED that a Judgment be issued denying the instant Petition and dismissing the action with prejudice. IT IS FURTHER... EXPEREXCHANGE, INC., Plaintiff(s), v. DOCULEX, INC., et al., Defendant(s). , N.D.Cal., November 16, 2009 Daniel Ralph Richardson, Richardson Intellectual Property Law, San Francisco, CA, for Plaintiff. David Wesley Swift, Kinsella, Weitzman, Iser, Kump & Aldisert, LLP, Jeremiah Tracy Reynolds, Kinsella Weitzman, Santa Monica, CA, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART STATUTE OF LIMITATIONS MOTION FOR SUMMARY JUDGMENT, GRANTING DISCOVERY CRACKER SUMMARY JUDGMENT MOTION, DENYING MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, AND DENYING RULE 56(f) MOTION [Docket Nos. 55,... J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. Romarico S. MIRANDA, d/b/a Wedge Bar & Restaurant, Defendant. , N.D.Cal., November 16, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT SUSAN ILLSTON, District Judge. On September 11, 2009, the Court held a hearing on plaintiff's motion for default judgment. The Court has reviewed plaintiff's supplemental filings regarding attorneys' fees and costs, and GRANTS plaintiff's motion for default judgment as set forth below. BACKGROUND Plaintiff, the exclusive licensor of rights to exhibit certain closed circuit and pay-per-view sports programming, brought suit against defend... Robert Lee WOODARD, Plaintiff, v. CITY OF MENLO PARK, Defendant. , N.D.Cal., November 16, 2009 Robert Lee Woodard, East Palo Alto, CA, pro se. Nicolas A. Flegel, John L. Flegel, Jorgenson, Siegel, McClure & Flegel, LLP, Menlo Park, CA, for Defendant. ORDER SAUNDRA BROWN ARMSTRONG, District Judge. This matter comes before the Court on defendant City of Menlo Park's ("Defendant City") Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Motion to Dismiss"). (Docket No. 8). Having read and considered the arguments presented by the parties in the papers submitted ... SMUGMUG, INC., Plaintiff, v. VIRTUAL PHOTO STORE LLC, dba VPS, LLC, Defendant. , N.D.Cal., November 16, 2009 Jeffrey L. Fillerup, Luce Forward Hamilton & Scripps LLP, San Francisco, CA, Mark Howard Krietzman, Luce Forward Hamilton & Scripps LLP, Irvine, CA, for Plaintiff. ORDER GRANTING DEFENDANT'S MOTION TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER CLAUDIA WILKEN, District Judge. Defendant Virtual Photo Store LLC renews its motion to dismiss Plaintiff Smugmug, Inc.'s complaint for lack of personal jurisdiction (Docket No. 49). In the alternative, it asks the Court to transfer the action to th... AIRCRAFT TECHNICAL PUBLISHERS, a California Company, Plaintiff, v. AVANTEXT, INC., a Pennsylvania Corporation, Defendant. , N.D.Cal., November 16, 2009 ORDER STRIKING PLAINTIFF'S SUMMARY JUDGMENT MOTIONS SAUNDRA BROWN ARMSTRONG, District Judge. Plaintiff Aircraft Technical Publishers ("ATP") filed the instant patent infringement action against Defendant Avantext, Inc. ("Avantext") on August 13, 2007. The Complaint alleges two claims for willful infringement and infringement, respectively, with respect to U.S. Patent Nos. 5,778,381 and 6,292,806. In the Court's Order for Pretrial Preparation (Docket 93), the Court set the law and motion cut ... Monte TAYLOR, Petitioner, v. Matthew CATE, et al., Respondents. , E.D.Cal., November 16, 2009 ORDER FRANK C. DAMRELL, JR., District Judge. Petitioner, a state prisoner proceeding pro with counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On September 24, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objectio... Joshua CANTU, Plaintiff, v. GARCIA, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER DENYING MOTION TO AUGMENT RECORD (Doc. 8.) SANDRA M. SNYDER, United States Magistrate Judge. I. MOTION TO AUGMENT THE RECORD Joshua Cantu ("plaintiff") is a state prisoner proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on January 15, 2009, at the United States District Court for the Central District of California. (Doc. 1.) On January 26, 2009, the case was transferred to the Eastern District of California and rece... Gerald A. WEST, Plaintiff, v. FEDERAL BUREAU OF PRISONS, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR PRELIMINARY INJUNCTION LAWRENCE J. O'NEILL, District Judge. Plaintiff Gerald A. West ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil rights by federal actors. The matter was referred to a United States Magistrate Judge purs... Tressie NICKELBERRY, Plaintiff, v. VENTURA COUNTY PROBATION AGENCY, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA DENNIS L. BECK, United States Magistrate Judge. Plaintiff has filed a civil rights action pursuant to 42 U.S.C. § 1981. The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district in which a substantial part of the events or omissions giving r... THINK VILLAGE-KIWI, LLC, Plaintiff, v. ADOBE SYSTEMS, INC., et al., Defendants. , N.D.Cal., November 16, 2009 ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT SUSAN ILLSTON, District Judge. On October 30, 2009, the Court heard oral argument on defendants' motion for summary judgment. Having considered the arguments of the parties and the papers submitted, and for good cause shown, the Court DENIES defendants' motion. BACKGROUND This dispute centers around the development of software that enables designers to create applications that will run on mobile devices, such as cell phones, without havi... Rolando BERNALES, et al., Plaintiffs, v. ALLIANCE BANCORP., et al., Defendants. , N.D.Cal., November 16, 2009 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND INTERVENORS' MOTION TO EXPUNGE LIS PENDENS SAUNDRA BROWN ARMSTRONG, District Judge. The parties are presently before the Court on: (1) Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(6); and (2) Intervenors Kevin Cullinane and Lisa Cullinane's Motion to Expunge Notice of Pending Action (Lis Pendens). The motions are unopposed. Having read and considered the papers submitted in connection with these matters, and being fully informed, the Co... ANDREW SMITH COMPANY, a General Partnership, Plaintiff, v. PAUL'S PAK, INC.; Premium Fresh Farms, LLC; PDP & Associates, LLC; AG Harvesting & Technologies, LLC; ESV Investments, LLC; Salvador Paul Tarantino; Paul S. Tarantino; John L. Simmons; Emmi, N.D.Cal., November 16, 2009 Jan Leslie Kahn, Ann Marguerite Grottveit, for Plaintiff. Edward William Smithers, Mary Ann O'Hara, Effie F. Anastassiou, Clyde Charles Pearce, Stephen P. McCarron, for Defendants. RONALD M. WHYTE, District Judge. Plaintiff Andrew Smith Company ("Andrew Smith") has sued a network of defendants because it has not been paid for over three million dollars worth of lettuce. Defendant Paul's Pak, Inc. ("Paul's Pak") has counterclaimed against a subset of defendants including Church Brother... Adauto REYNOSO, Plaintiff, v. PAUL FINANCIAL, LLC, Saxon Mortgage Services, Inc., Quality Loan Service Corp., Citymutual Financial, Professional Appraisers Co., and Does 1 Though 50, Inclusive, Defendants. , N.D.Cal., November 16, 2009 ORDER DENYING PLAINTIFF7D MOTION TO REMAND SAMUEL CONTI, District Judge. I. INTRODUCTION This suit involves Plaintiff Adauto Reynoso's ("Plaintiff") allegations that Defendants have engaged in an improper nonjudicial foreclosure upon his home. See Notice of Removal, Docket No. 1, Ex. A ("Compl."). Plaintiff has filed a Motion to Remand to State Court. Docket No.10 ("Pl.'s MTR"). Defendants Paul Financial, LLC ("Paul Financial"), and Saxon Mortgage Services, Inc. ("Saxon"), have filed Oppositi... Adauto REYNOSO, Plaintiff, v. PAUL FINANCIAL, LLC, Saxon Mortgage Services, Inc., Quality Loan Service COrp., Citymutual Financial, Professional Appraisers Co., and Does 1 though 50, inclusive, Defendants. , N.D.Cal., November 16, 2009 ORDER RE: MOTIONS TO DISMISS AND MOTIONS TO STRIKE SAMUEL CONTI, District Judge. I. INTRODUCTION This suit involves Plaintiff Adauto Reynoso's ("Plaintiff") allegations that Defendants have engaged in an improper nonjudicial foreclosure upon his home. See Notice of Removal, Docket No. 1, Ex. A ("Compl."). Defendant Saxon Mortgage Services, Inc. ("Saxon"), has filed a Motion to Dismiss. Docket No. 13 ("Saxon MTD"). Saxon has also filed a separate Motion to Strike Damages Allegations. Docket No... Ruben Odell BOULWARE, Plaintiff, v. DEPARTMENT OF INSURANCE, et. al., Defendants. , C.D.Cal., November 16, 2009 Ruben Odell Boulware, San Luis Obispo, CA, pro se. MEMORANDUM AND ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND MANUEL L. REAL, District Judge. PROCEEDINGS Plaintiff, a state prisoner proceeding pro se, filed a "Civil Rights Complaint" on August 7, 2009. On October 8, 2009, the Court issued a "Memorandum and Order Dismissing Complaint With Leave to Amend." On October 30, 3009, Plaintiff filed a First Amended Complaint. BACKGROUND Plaintiff's claims arise out of his convi... Rolinzo FLOWERS, Plaintiff, v. COUNTY OF FRESNO, Fresno County Sheriff Margaret Mims, Fresno County Sheriff Deputy Ryan Hushaw, Deputy Daniel Buie, Deputy Randall Swiney, Sheriff Sergeant Kevin Smith, Sheriff Sargent Arley Terrance, Sheriff Sargent, E.D.Cal., November 16, 2009 ORDER GRANTING MOTION TO COMPEL ORDER GRANTING MOTION FOR SANCTIONS GARY S. AUSTIN, United States Magistrate Judge. I. INTRODUCTION On October 14, 2009, Defendants County of Fresno, Ryan Hushaw, Daniel Buie, Randall Swiney, and Kevin Smith (hereinafter "Defendants") filed an Amended Motion to Compel based on Plaintiff, Rolinzo Flowers' ("Plaintiff") lack of compliance with discovery including his failure to respond to Interrogatories, and Requests for Production of Documents. [FN1] Plai... Calude Raymond SMITH, Plaintiff, v. S. TALLERICO, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER DISMISSING CERTAIN CLAIMS DENNIS L. BECK, United States Magistrate Judge. I. Order Plaintiff Claude Raymond Smith ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his original complaint on November 26, 2008. On June 19, 2009, the Court issued an order requiring Plaintiff either to file an amended complaint or notify the Court of his willingness to proceed only... J. DOE, Plaintiff, v. J. YATES, et al., Defendants. , E.D.Cal., November 16, 2009 FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS AND GRANTING DEFENDANTS' REQUEST FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS DENNIS L. BECK, United States Magistrate Judge. I. Findings and Recommendations Plaintiff J. Doe ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C.1983. Plaintiff initially filed this action in state court. On August 15, 2... Ester BURNETT, Plaintiff, v. DUGAN; Kinji L. Hawthorne; Brown; Fraze; D. Khatri; Victor Almager; Barreras, Defendants. , S.D.Cal., November 16, 2009 ORDER DENYING MOTION FOR COURT TO RECONSIDER DEFENDANTS' MOTION TO DISSOLVE PRELIMINARY INJUNCTION M. JAMES LORENZ, District Judge. I. Procedural History Currently before the Court is Plaintiffs Motion to Reconsider the Court's October 9, 2009 granting Defendants' Motion to Dissolve the Court's May 6, 2009 Order granting a preliminary injunction [Doc. No 79]. Ester Burnett ("Plaintiff"), is a prisoner proceeding in pro se and in forma pauperis pursuant to 42 U.S.C. § 1983. Among the allega... Martice D. LOHNER, Petitioner, v. Kathleen PROSPER, Warden, Respondent. , N.D.Cal., November 16, 2009 Martice D. Lohner, Santa Rosa, CA, pro se. Pamela K. Critchfield, Attorney at Law, Ross Charles Moody, Attorney General of the State of California, San Francisco, CA, for Respondent. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS SUSAN ILLSTON, District Judge. INTRODUCTION This is a federal habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is denied. BACKGROUND In 2002, a Sonoma County Superior Court jury convict... Donnie COX, Plaintiff, v. ELECTRONIC DATA SYSTEMS CORPORATION, and Does 1 through 10, inclusive, Defendants. , N.D.Cal., November 16, 2009 Dan Siegel, Dean Royer, Siegel & Yee, Oakland, CA, Robert Louis Zaletel, Littler Mendelson, San Francisco, CA, for Plaintiff. Robert Louis Zaletel, Littler Mendelson, San Francisco, CA, Lee J. Hutton, Duvin, Cahn & Hutton, Cleveland, OH, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WILLIAM ALSUP, District Judge. INTRODUCTION In this wrongful termination action, defendant Electronic Data Systems Corporation moves for summary judgment ag... Sarah KIM, Plaintiff, v. INTERDENT INC., et al., Defendants. , N.D.Cal., November 16, 2009 Matthew Schechter, James McManis, Sharon S. Kirsch, McManis Faulkner & Morgan, San Jose, CA, for Plaintiff. Alice Conway Powers, Lewis Brisbois Bisgaard & Smith LLP, Sandra Kay McIntyre, Lewis Brisbois Bisgaard & Smith Llp, San Francisco, CA, for Defendants. Neda Mansoorian, McManis Faulkner, San Jose, CA. ORDER DENYING DEFENDANTS' MOTION TO DISMISS SUSAN ILLSTON, District Judge. Defendants' motion to dismiss the first amended complaint was scheduled for a hearing on November 13, 2009... Nick WOODALL, Plaintiff, v. State of CALIFORNIA, et al., Defendants. , E.D.Cal., November 16, 2009 FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT CERTAIN DEFENDANTS AND CLAIMS BE DISMISSED DENNIS L. BECK, United States Magistrate Judge. Findings and Recommendations Following Screening of Complaint I. Procedural History Plaintiff Nick Woodall ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on December 22, 2008. On April 10, 2009, the Court issued an order finding that Plaintiff... Marilyn COLLINS, Revenue Officer, et al., Petitioners, v. Andre Paul PROVOST, Jr., et al., Respondent. , E.D.Cal., November 16, 2009 ORDER DISCHARGING ORDER TO SHOW CAUSE (DOC. 3) FINDINGS AND RECOMMENDATION RE: PETITION TO ENFORCE IRS SUMMONS (DOC. 1) SANDRA M. SNYDER, United States Magistrate Judge. Petitioners are proceeding with a civil action in this Court. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. Pending before the Court is a petition to enforce a summons issued by the Internal Revenue Service (IRS) to Respondent. After various con... UNITED STATES of America and Marilyn Collins, Revenue Officer, Internal Revenue Service, Petitioners, v. Sheri I. PROVOST, Respondent. , E.D.Cal., November 16, 2009 ORDER DISCHARGING ORDER TO SHOW CAUSE (Doc. 5) FINDINGS AND RECOMMENDATIONS REGARDING PETITION TO ENFORCE IRS SUMMONS (Doc. 1) GARY S. AUSTIN, United States Magistrate Judge. Petitioners are proceeding with a civil action in this Court. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. Pending before the Court is a petition to enforce a summons issued by the Internal Revenue Service (IRS) to Respondent. After various cont... Karene BEECHAM, Individually and Karene Crankson, Individually, Plaintiffs, v. CITY OF WEST SACRAMENTO; a public entity, Police Officer Timothyy Twardosz, Police Officer Geoffry Albert, Police Officer Steve Godden, Police Officer Ed Hensley, and Do, E.D.Cal., November 16, 2009 ORDER DENYING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND GRANTING, IN PART, PLAINTIFFS' MOTION FOR ATTORNEYS' FEES JOHN A. MENDEZ, District Judge. This matter comes before the Court on Plaintiffs Karene Beecham and Karena Crankson's (collectively "Plaintiffs") motion for an award of reasonable attorneys' fees and expenses pursuant to 42 U.S.C. § 1988 and California Civil Code §§ 52(b)(3) and 52.1(h). (Doc. # 338). Defendants City of West Sacramento and Police Officers Timothy Twardosz, Geoffr... Mary GOODE, Plaintiff, v. ST. JUDE MEDICAL, Tweed Hanusek, Bill Hilton, St. Jude Medical Cardiac, Ruth Gagarin, Irma Estrada, Bridget Fellows, Nicole Arana, Nes Kusnierz, Kathy Chester, St Jude Medical Cardiac Rhythm Management and Does 1-20, Defen, E.D.Cal., November 16, 2009 FINDINGS AND RECOMMENDATIONS EDMUND F. BRENNAN, United States Magistrate Judge. Presently pending before this court are defendants' motions to dismiss plaintiff's Amended Complaint. For the reasons that follow, this court recommends that defendants' motions be granted in part, and denied in part, and that plaintiff be granted leave to file a Second Amended Complaint. BACKGROUND Plaintiff timely filed her Amended Complaint on May 1, 2008, Dckt. No. 4, after this court granted plaintiff's re... Hayley BAILEY, a minor, Kari Bailey, an individual; Eddie Bailey, an individual, Plaintiffs, v. COUNTY OF SAN JOAQUIN, San Joaquin County Sheriff's Department; Sheriff Steve Moore, Deputy Sheriff Terry Breitmaier; and Does 1-50, inclusive, Defendan, E.D.Cal., November 16, 2009 ORDER LAWRENCE K. KARLTON, Senior District Judge. This case concerns a police officer's actions in approaching plaintiffs' house and firing his gun at plaintiffs' dog while it exited plaintiffs' front door. After striking the dog's paw, the bullet ricocheted and fragmented. Plaintiffs suffered injuries from being struck by the bullet fragments. Plaintiffs bring eight causes of action against three defendants. Defendants have moved for summary judgment on all claims. For the reasons stated bel... SQUARE D. COMPANY, Plaintiff, v. Chawn Phillip ANDERSON, Heather Marie Apodaca, formerly d/b/a AA & M Electric, and AA & M Electric, Inc., Defendants. , E.D.Cal., November 16, 2009 FINDINGS AND RECOMMENDATIONS EDMUND F. BRENNAN, United States Magistrate Judge. Plaintiff moves for default judgment against defendant AA & M Electric, Inc., pursuant to Fed.R.Civ.P. 55(b)(2). The motion was heard before the undersigned on September 2, 2009. [FN1] Attorneys Robert Swanson and Daniel Stouder appeared on behalf of plaintiff; no appearance was made on behalf of defendant corporation or the individual defendants. At the direction of the court, additional briefing was submitted by... Willie NORTON, Plaintiff, v. AMADOR COUNTY DETENTION FACILITY, et al., Defendants. , E.D.Cal., November 16, 2009 ORDER AND FINDINGS & RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Plaintiff, a former state prisoner proceeding pro se, has filed a complaint and an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The proceeding has been referred to the undersigned in accordance with 28 U.S.C. § 636(b)(1) and Local Rule 72-302. A filing fee of $350.00 is required to commence a civil action in a federal district court. 28 U.S.C. § 1914(a). The court may authorize the... ING BANK, FSB, Plaintiff, v. Ramon P. FAZAH, Defendant. , E.D.Cal., November 16, 2009 ORDER AND FINDINGS AND RECOMMENDATIONS EDMUND F. BRENNAN, United States Magistrate Judge. This case is before the undersigned pursuant to Eastern District of California Local Rule ("Local Rule") 72-302(c)(21). See28 U.S.C. § 636(b)(1). On November 4, 2009, the court heard defendant's motion to dismiss this action, Dckt. No. 7, and plaintiff's motion for an order compelling defendant to participate in a Federal Rule of Civil Procedure ("Rule") 26(f) conference and for attorney fees, and for an... PASSPORT HEALTH, INC., Plaintiff, v. TRAVEL MED, INC. and Gina Flaharty, Defendants. , E.D.Cal., November 16, 2009 ORDER [FN*] FN* This matter is deemed to be suitable for decision without oral argument. E.D. Cal. R. 78-230(h). GARLAND E. BURRELL, JR., District Judge. On September 28, 2009, Plaintiff and Counter-Claim Defendant Passport Health, Inc. ("Passport") filed a motion under Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6) to dismiss Defendants Travel Med, Inc. ("Travel Med") and Gina Flaharty's (together, the "Counter-Claimants") counterclaim. (Docket No. 17.) For the reasons stated belo... Laura TURNBOW, Plaintiff, v. TALL TREE ADMINISTRATORS LLC; and Does 1-100, inclusive, Defendants. , E.D.Cal., November 16, 2009 MEMORANDUM AND ORDER MORRISON C. ENGLAND, JR., District Judge. Presently before the Court is a Motion by Defendant Tall Tree Administrators to Dismiss Plaintiff Laura Turnbow's Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) . [FN1] For the reasons set forth below, Defendant's motion is granted. FN1. Because oral argument will not be of material assistance, the Court orders this matter submitted on the brie... Demarie L. MACKEY, Petitioner, v. George NEOTTI, et. al., Respondents. , C.D.Cal., November 14, 2009 Stratton Scott Barbee, Law Office of Stratton S. Barbee, Elk Grove, CA, for Petitioner. Thomas C. Hsieh, CAAG-Office of Attorney General of California, Los Angeles, CA, for Respondents. ORDER ADOPTING MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION DAVID O. CARTER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's final report and recommendation filed herein, and petitioner's objections. The Court agrees with ... Knowledge HARDY, Plaintiff, v. INDYMAC FEDERAL BANK, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER TO DISMISS AND CLOSE ACTION LAWRENCE J. O'NEILL, District Judge. INTRODUCTION On November 10, 2009, this Court granted defendants Mortgage Electronic Registration System, Inc.'s ("MERS" '), Americas Best Home Loans's ("AMHL's") and Joe Gardella's ("Mr.Gardella's") (AMHL and Mr. Gardella are collectively referred to as "Americas Best") motion for an entry of dismissal of plaintiff Knowledge Hardy's ("Mr.Hardy's") claims against it for failure to obey this Court's order to file an amended ... Henry PALACIOS v. INDYMAC BANK, FSB, et al. , C.D.Cal., November 13, 2009 Proceedings: Order to Show Cause Why Action Should Not Be Remanded to State Court for Lack of Subject Matter Jurisdiction MARGARET M. MORROW, Judge. Anel Huerta, Deputy Clerk. I. FACTUAL AND PROCEDURAL BACKGROUND On May 12, 2009, plaintiff Henry Palacios filed this action against Indymac Bank, FSB and Does 1-10. [FN1] Defendant OneWest Bank Group ("OneWest") was subsequently substituted in place of Doe 1. [FN2] OneWest removed the action to this court on June 25, 2009, invoking the court's ... Delbert EVANS, et al., Plaintiffs, v. James E. ANDERSON, Sr., Defendant. , N.D.Cal., November 13, 2009 Referral for Reassignment with Recommendation that IFP Application be denied JAMES LARSON, United States Magistrate Judge. Defendant in an action filed in Alameda County Superior Court timely removed the action, asserting that the nature of the claims purport to arise under the Constitution and laws of the United States. Plaintiffs had alleged inter alia that Defendant's use of a civil harassment restraining order in the course of a dispute over the assets and governance of a church had depri... LI MING TSENG v. MARUKAI CORPORATION U.S.A., et al. , C.D.Cal., November 13, 2009 Proceedings: [IN CHAMBERS] ORDER GRANTING MOTION TO DISMISS ANDREW J. GUILFORD, Judge. Lisa Bredahl, Deputy Clerk. This case concerns alleged patent infringement of United States Patent No. 5,628,062, entitled "Arm and Hand UV Protection Sleeve For Driving," and related claims. Defendant Marukai Corporation U.S.A. ("Defendant") has filed a Motion to Dismiss ("Motion"). In the Motion, Defendant argues that Plaintiff Li Ming Tseng ("Plaintiff") has failed to state a claim upon which relief c... Tyrone ROGERS, Plaintiff, v. Jane L. GILBERT, et al., Defendants. , S.D.Cal., November 13, 2009 ORDER DISMISSING FIRST AMENDED COMPLAINT WITHOUT PREJUDICE FOR FAILING TO STATE A CLAIM PURSUANT TO 28 U.S.C. §§ 1915(e)(2)(b) & 1915A(b) WILLIAM Q. HAYES, District Judge. I. PROCEDURAL HISTORY On July 20, 2009, Tyrone Rogers ("Plaintiff"), a state prisoner currently incarcerated at Centinela State Prison located in Imperial, California, and proceeding pro se, submitted a civil rights Complaint pursuant to 28 U.S.C. § 1983. In addition, Plaintiff filed a Motion to Proceed In Forma Pauperi... Kent DAVIS, Plaintiff, v. COUNTY OF SAN BERNARDINO, San Bernardino Sheriff's Department, Sgt. Steve Spear, Sheriff Gary Penrod, in his individual capacity, and Does 2-10, Defendants. , C.D.Cal., November 13, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW STEPHEN V. WILSON, District Judge. I. PROCEDURAL HISTORY Plaintiff has brought an action under Cal. Civ.Code § 52.1 and 42 U.S.C. § 1983 against police Sergeant Steve Spear, the County of San Bernardino, and the County of San Bernardino Sheriff's Department. Plaintiff's case is premised on two basic assertions: he was arrested without probable cause and he was subjected to excessive force during that arrest. Plaintiff's causes of action assert viola... DELTA SMELT CONSOLIDATED CASES. San Luis & Delta-Mendota Water Authority, et al. v. Salazar, et al. State Water Contractors v. Salazar, et al. Coalition for A Sustainable Delta, et al. v. United States Fish and Wildlife Service, et al. Metropolit, E.D.Cal., November 13, 2009 MEMORANDUM DECISION RE CROSS-MOTIONS FOR SUMMARY JUDGMENT ON NEPA ISSUES OLIVER W. WANGER, District Judge. I. INTRODUCTION This case arises out of the United States Fish and Wildlife Service's ("FWS") December 15, 2008 biological opinion ("BiOp" or "2008 smelt BiOp") addressing the impact of coordinated operations of the Central Valley Project ("CVP") and State Water Project ("SWP") (the "Projects") on the threatened delta smelt, prepared pursuant to Section 7(a)(2) of the Endangered Spec... Rosemary AGUINIGA, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendants. , E.D.Cal., November 13, 2009 ORDER EDMUND F. BRENNAN, United States Magistrate Judge. Plaintiff moves for an award of attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). She seeks an award of $9,654.68, for 58 hours of work, [FN1] at an hourly rate of $166.46. [FN2] Defendant opposes the motion on the ground that the Commissioner's position was "substantially justified," or, alternatively, that the number of hours requested is excessive. FN1. Plaintiff initially sought a total a... Regina L. ANGELI, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendants. , E.D.Cal., November 13, 2009 ORDER EDMUND F. BRENNAN, United States Magistrate Judge. Plaintiff moves for an award of attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). Plaintiff seeks an award of $12,728.21, for a total of 73.55 hours of work, based on the following division of hours and rates: 3.1 hours at $161.85 per hour (2006 rates), and 73.45 hours at $166.46 per hour (2007 rates). [FN1] Defendant contends that the number of hours requested is excessive, and seeks a reduction of h... Pedro Fernandez OROZCO, Petitioner, v. T. FELKER, Warden, Respondent. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Petitioner is a state prisoner proceeding in propria persona with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2006 conviction on charges of first degree murder with special circumstance of torture and false imprisonment, and the sentence of life without parole, plus two years in state prison. In his May 27, 2008 [FN1] petition, petitioner alleges the torture spe... Robert L. HARELD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendants. , E.D.Cal., November 13, 2009 ORDER EDMUND F. BRENNAN, United States Magistrate Judge. Plaintiff moves for an award of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). As amended, plaintiff seeks an award of $5,120.23, for a total of 32.1 hours of work, based on the following division of hours and rates: 2.1 hours at $166.46 per hour (2007 rates), and 27.6 hours at $172.85 per hour (2008 rates). [FN1] Defendant contends that no attorney fees should be paid because the Commissioner's po... Clyde Sherwood MOSS, Petitioner, v. Tom VOSSS, Executive Director Coalinga State Hospital, Respondent. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Petitioner is a former state prisoner who has been subsequently confined under a civil commitment. He is proceeding pro se and in forma pauperis with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the 2001 conviction for failure to register as a sex offender within 5 working days of birthdate in violation of California Penal Code § 290, subdivision (g). He seeks relief on... WORDTECH SYSTEMS, INC., Plaintiff, v. INTEGRATED NETWORK SOLUTIONS, INC., et al., Defendants. , E.D.Cal., November 13, 2009 ORDER EDMUND F. BRENNAN, United States Magistrate Judge. On September 24, 2009, this court granted plaintiff's motion to compel Integrated Network Solutions, Corp. ("INSC") to respond to plaintiff's judgment interrogatories and production demands, and granted plaintiff's request for sanctions. Dckt. No. 328 at 8. The September 24, 2009 order noted that after judgment was entered against INSC for a total over $1.3 million in April 2009, on May 11, 2009, plaintiff propounded judgment interrogat... Marshall DEERWESTER, Petitioner, v. J.W. SULLIVAN, Warden, Respondent. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS SANDRA M. SNYDER, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. PROCEDURAL BACKGROUND Petitioner is currently in the custody of the California Department of Corrections serving an indeterminate sentence of fifteen years to life for his 1990 conviction for second degree murder. See Petition at 2. On June 6, ... Keenan HURT, Plaintiff, v. Dinnis SMITH, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER DISMISSING CERTAIN CLAIMS SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff Keenan Hurt ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil rights by federal actors. Plaintiff is currently incarcerated at the U.S. Penitentiary in Terre Haute, Indiana. The events in Plaintiff's complai... Steven WILLIAMS, Plaintiff, v. K. SAMPSON, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER REQUIRING PLAINTIFF EITHER TO FILE FIRST AMENDED COMPLAINT OR NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY ON CLAIMS FOUND TO BE COGNIZABLE RESPONSE DUE WITHIN THIRTY DAYS DENNIS L. BECK, United States Magistrate Judge. I. Screening Order Plaintiff Steven Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint on March 24, 2009. (Doc. 1.) T... Ricky Lynn NEWTON, Plaintiff, v. Ken CLARK, et al., Defendants. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED OBJECTIONS DUE WITHIN 30 DAYS DENNIS L. BECK, United States Magistrate Judge. I. Findings and Recommendations Plaintiff Ricky Lynn Newton ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his original complaint on January 22, 2009. (Doc. 1.) On May 8, 20... David NAPOLITANO, Plaintiff, v. R. ARCHULETA, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER REQUIRING PLAINTIFF EITHER TO FILE AMENDED COMPLAINT, OR TO NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY ON CLAIMS FOUND TO BE COGNIZABLE RESPONSE DUE WITHIN 30 DAYS SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff David Napolitano ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is in the custody of the California Department of Corrections and Rehabilitation and was incarcerated... Ted Keener ERNST, Plaintiff, v. Matthew CATE, et al., Defendants. , E.D.Cal., November 13, 2009 Olaf A. Landsgaard, Law Offices of Olaf Landsgaard, Rosamond, CA, for Plaintiff. William P. Brodbeck, Attorney General's Office of the State of California, Shanan L. Hewitt, Moreno and Rivera, Sacramento, CA, for Defendants. FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THE DISTRICT COURT GRANT IN PART AND DENY IN PART DEFENDANTS JETT AND CHAVEZ'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM GARY S. AUSTIN, United States Magistrate Judge. Findings and Recommendations on Defendants... Ted Keener ERNST, Plaintiff, v. Matthew CATE, et al., Defendants. , E.D.Cal., November 13, 2009 Olaf A. Landsgaard, Law Offices of Olaf Landsgaard, Rosamond , CA, for Plaintiff. William P. Brodbeck, Attorney General's Office of The State of California Department of Justice, Shanan L. Hewitt, Moreno and Rivera, Sacramento, CA, for Defendants. FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THE DISTRICT COURT GRANT IN PART AND DENY IN PART DEFENDANT CATE'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM GARY S. AUSTIN, United States Magistrate Judge. Findings and Recommendations on ... Ted Keener ERNST, Plaintiff, v. Matthew CATE, et al., Defendants. , E.D.Cal., November 13, 2009 Olaf A. Landsgaard, Law Offices of Olaf Landsgaard, Rosamond, CA, for Plaintiff. William P. Brodbeck, Attorney General's Office of The State of California Department of Justice, Shanan L. Hewitt, Moreno and Rivera, Sacramento, CA, for Defendants. FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THE DISTRICT COURT GRANT IN PART AND DENY IN PART DEFENDANT BRONCATO'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE GARY S. AUSTIN, United States Magistrate Judge. Findings... Victor PARRA, Jr., Plaintiff, v. R. HERNANDEZ, et al., Defendant. , S.D.Cal., November 13, 2009 ORDER (1) ADOPTING REPORT AND RECOMMENDATIONS (2) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS MARILYN L. HUFF, District Judge. On June 17, 2009, Plaintiff Victor Parra, Jr. ("Plaintiff"), a state prisoner proceeding pro se, filed a first amended complaint ("FAC") pursuant to 42 U.S.C. § 1983 and named as defendants R. Limon, W. Liles, P. Cowan, R. Hernandez, and A.L. Cota (collectively "Defendants"), all of whom are employees of the California Department of Corrections ... Kenneth LEWIS, Petitioner, v. COURT, Respondent. , S.D.Cal., November 13, 2009 ORDER DISMISSING CASE WITHOUT PREJUDICE AND WITH LEAVE TO AMEND DANA M. SABRAW, District Judge. Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. FAILURE TO SATISFY FILING FEE REQUIREMENT Petitioner has failed to pay the $5.00 filing fee and has failed to move to proceed in forma pauperis. This Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis. See Ru... Scott N. JOHNSON, Plaintiff, v. Paulette A. REISSMAN, [FN1] Defendant. FN1. Defendant Juan A. Miranda was voluntarily dismissed on September 21, 2009. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Plaintiff's motion for default judgment came on regularly for hearing November 12, 2009. Plaintiff appeared in propria person. There was no appearance for defendant Paulette A. Reissman, the sole remaining defendant herein. Upon review of the motion and the documents in support, upon hearing the arguments of plaintiff and good cause appearing therefor, THE COURT FINDS AS FOLLOWS: The complaint in this matter was serv... Azhar LAL, Plaintiff, v. T. FELKER, et al., Defendants. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATIONS EDMUND F. BRENNAN, United States Magistrate Judge. Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed a motion to add defendants and an unrelated amended complaint. [FN1] Defendants have not filed any opposition. For the reasons explained below, the undersigned recommends that plaintiff's motion to add defendants be denied and orders the amended complaint disregarded. FN1. The motion to add de... Mee YANG, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendants. , E.D.Cal., November 13, 2009 ORDER EDMUND F. BRENNAN, United States Magistrate Judge. Plaintiff moves for an award of attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). Plaintiff seeks an award of $10,703.37, for a total of 67.4 hours of work, based on the following division of hours and rates: 3.1 hours at $161.85 per hour (2006 rates), and 64.3 hours at $166.46 per hour (2007/2008 rates). [FN1] Defendant contends the number of hours requested is excessive, and seeks a reduction of hou... Harold WALKER, Plaintiff, v. Jerry DYER, et al., Defendants. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATION REGARDING DISMISSAL OF CERTAIN DEFENDANTS DENNIS L. BECK, United States Magistrate Judge. Plaintiff Harold Walker ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 21, 2009. He filed a First Amended Complaint on November 9, 2009. DISCUSSION A. Screening Standard The Court is required to screen complaints brought by prisoners seeking relief against a governmental en... Jamal DAUGHERTY, Plaintiff, v. Lydia C. HENSE, Defendant. , E.D.Cal., November 13, 2009 ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED DENNIS L. BECK, United States Magistrate Judge. I. Screening Requirement Plaintiff Jamal Daugherty ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil action on July 13, 2009. On July 27, 2009, Plaintiff filed a First Amended Complaint. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employ... Nicholas David ANDREAS, Plaintiff, v. Matthew CATE, et al., Defendants. , E.D.Cal., November 13, 2009 FINDINGS & RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's November 2, 2009, motion for an emergency injunction. For the following reasons, the court recommends that this motion be denied. On May 4, 2009, plaintiff filed the original complaint. On June 26, 2009, the undersigned found that the complaint stated colorable Eighth A... Duane DIXON, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER 42 U.S.C. § 1983 DISMISSAL SHALL COUNT AS A STRIKE Defendants. PURSUANT TO 28 U.S.C. § 1915(g) DENNIS L. BECK, United States Magistrate Judge. I. Screening Order Plaintiff Duane Dixon ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on June 15, 2009. (Doc. 1.) The Court is ... Anthony B. TILLMAN, Petitioner, v. Mendoz K. POWERS, Respondent. , E.D.Cal., November 13, 2009 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AS A SECOND OR SUCCESSIVE PETITION. DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant petition in the Central District of California challenging a prison disciplinary hearing. Petitioner claims that he was not allowed access to an "ADA Attorney" during his hearing. The case was transferred... Denard Darnell NEAL, Plaintiff, v. UNITED STATES PENITENTIARY ATWATER, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER DISMISSING ACTION GARY S. AUSTIN, United States Magistrate Judge. Plaintiff Denard Darnell Neal ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal actors. Plaintiff has consented to the exercise of jurisdiction by Magistrate Judge pursuant to 28 U.S.C. § 636(c)... Columbus ALLEN, Jr II, Plaintiff, v. Adam CHRISTIANSON, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER REQUIRING PLAINTIFF TO EITHER FILE AMENDED COMPLAINT OR NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY AGAINST DEFENDANT CHEUNG WITHIN THIRTY DAYS DENNIS L. BECK, United States Magistrate Judge. Screening Order I. Screening Requirement Plaintiff Columbus Allen Jr. II ("Plaintiff") is a pretrial detainee proceeding pro se and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1981, 42 U.S.C. § 1985(3) and 42 U.S.C. § 1986. Plaintiff filed this action on May ... Billy J. LACEY, Plaintiff, v. DOMINGUEZ, Defendants. , E.D.Cal., November 13, 2009 ORDER AND FINDINGS & RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on claims raised against one correctional officer who interfered with plaintiff's legal mail and three prison officials who reviewed plaintiff's administrative grievances. On August 26, 2009, defendants filed a motion to dismiss for failure to exhaust administrative remedies prior... Loren Scott BRATCHER, Petitioner, v. WARDEN, et al., Respondents. , E.D.Cal., November 13, 2009 ORDER AND FINDINGS & RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2006 conviction on a plea of no contest to charges of possession of a controlled substance (Cal. Health & Safety Code § 11350(a), and admission of a prior serious felony conviction. He seeks relief on the grounds that: (1) the motion to suppress should have b... James H. SIMS, Plaintiff, v. Jeanne WOODFORD, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER GRANTING EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT FINDINGS AND RECOMMENDATIONS RECOMMENDING DEFENDANTS' UNOPPOSED MOTION FOR SUMMARY JUDGMENT BE GRANTED, THUS CONCLUDING THIS ACTION IN ITS ENTIRETY OBJECTIONS DUE WITHIN FIFTEEN DAYS DENNIS L. BECK, United States Magistrate Judge. Order On April 23, 2009, Defendants Guinn, Mendoza-Powers, Lawhorn, Cotta and Escobar ("Defendants") filed a request to extend time to file a motion for summary judgment. (Doc. 72.) Plaintif... NHAT MINH NGUYEN, Petitioner, v. Anthony KANE, Respondent. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Petitioner is a state prisoner proceeding in propria persona with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 1997 conviction on charges of first degree murder, attempted murder, and receiving stolen property, and the sentence of twenty- five years to life in prison imposed thereon. Petitioner raises seven claims that his prison sentence violates the Constitution... Virgil Price McCURLEY, Petitioner, v. DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Respondents. , E.D.Cal., November 13, 2009 ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE DISMISSED FOR VIOLATION OF THE ONE-YEAR STATUTE OF LIMITATIONS (Doc. 1) THIRTY DAY DEADLINE SANDRA M. SNYDER, United States Magistrate Judge. PROCEDURAL HISTORY Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The instant federal petition for writ of habeas corpus was filed on July 28, 2009. (Doc. 1). On August 24, 2009, Petitioner filed his written consent to the ju... Anthony JOHNSON, Plaintiff, v. L. GONZALEZ, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER REQUIRING PLAINTIFF TO EITHER FILE AMENDED COMPLAINT OR NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY AGAINST DEFENDANTS GONZALEZ AND MURRIETA WITHIN TWENTY DAYS DENNIS L. BECK, United States Magistrate Judge. Screening Order I. Screening Requirement Plaintiff Anthony Johnson, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S .C. § 1983 on July 21, 2009. The Court is required to screen complaints brought by prisoners seeking rel... David WYATT, Plaintiff, v. D. CHAPMAN, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER REQUIRING PLAINTIFF TO EITHER FILE AMENDED COMPLAINT OR NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY AGAINST DEFENDANTS ZANCHI AND JONES WITHIN THIRTY DAYS DENNIS L. BECK, United States Magistrate Judge. Screening Order I. Screening Requirement Plaintiff David Wyatt, a state prisoner at the time of filing suit, is proceeding pro se and in forma pauperis in this civil action pursuant to 42 U.S.C. §§ 1981, 1983 and 1985. Plaintiff filed this action on July 17, 2009. The Court is requ... David W. FERNANDES, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Cal., November 13, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS ORDER DIRECTING CLERK TO CLOSE THE ACTION DENNIS L. BECK, United States Magistrate Judge. BACKGROUND Plaintiff David W. Fernandes ("Plaintiff") filed a "Complaint for Review of the Final Decision of the Commissioner" in this proceeding. Plaintiff is represented by counsel. The matter is currently before the Court on the parties' briefs, which were submitted, without oral argument, to the Honorable Dennis L. Beck, United States Magistrate Judge... Tipaksorn TUNGJUNYATHAM, Plaintiff, v. Mike JOHANNS, Secretary of the U.S. Department of Agriculture Agency, Defendant. , E.D.Cal., November 13, 2009 ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION (DOC. 29) SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff is proceeding pro se with a civil action in this Court. The matter has been referred to the Magistrate Judge for all proceedings, including the entry of final judgment, pursuant to 28 U .S.C. § 636(c), Fed.R.Civ.P. 73(b), and Local Rule 73-301. Pending before the Court is the motion of Defendant Mike Johanns, Secreta... John Wesley WILLIAMS, Plaintiff, v. Jeanne WODDFORD, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED IN PART AND DISMISSING CERTAIN CLAIMS DENNIS L. BECK, United States Magistrate Judge. I. ORDER A. Procedural History Plaintiff John Wesley Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's first amended complaint, filed on April 21, 2008, against Defenda... Yvette BRAVO, Plaintiff, v. The UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, and Does 1 through 20, inclusive, Defendants. , E.D.Cal., November 13, 2009 John M. Riestenberg, Law Offices of John M. Riestenberg, Sacramento, CA, for Plaintiff. Adrienne C. Publicover, Michael Keith Brisbin, Wilson Elser Moskowitz Edelman and Dicker, San Francisco, CA, for Defendants. ORDER AND FINDINGS AND RECOMMENDATIONS EDMUND F. BRENNAN, United States Magistrate Judge. On October 28, 2009, the court heard plaintiff's motion to compel defendant, the United States Life Insurance Company in the City of New York, to respond to certain requests for production ... Donald STURGEN, Plaintiff, v. JONES RETAIL CORPORATION, Defendant. , S.D.Cal., November 13, 2009 ORDER HAYES, District Judge. The matter before the Court is Defendant's Motion to Stay Temporarily. (Doc. # 21). BACKGROUND Plaintiff filed a class action suit against Defendant in the Superior Court of California, San Diego Division alleging Defendant's stores had requested personal information from customers during retail transactions in violation of California Civil Code § 1747.08. (See Doc. # 1). On March 13, 2009, Defendant removed the case to this Court. (Doc. # 1). On July 20, 2... PRESIDIO COMPONENTS INC., Plaintiff, v. AMERICAN TECHNICAL CERAMICS CORP., Defendant. , S.D.Cal., November 13, 2009 ORDER ON PLAINTIFF'S MOTION IN LIMINE: REEXAMINATION OF THE '356 PATENT IRMA E. GONZALEZ, Chief Judge. On November 12, 2009, the Court heard oral argument on the parties' motions in limine. The Court's ruling on each motion was announced from the bench and is memorialized in the Minute Order entered on the docket on the same day. [Doc. No. 250]. However, the Court indicated at the hearing that a separate written order will be issued regarding Plaintiff's Motion in Limine: Reexamination of the... Cion Adonis PERALTA, Plaintiff, v. D.O. CAIRE, et al., Defendants. , C.D.Cal., November 13, 2009 ORDER ADOPTING, IN PART, MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION GEORGE H. KING, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's report and recommendation. The Court agrees with the recommendations of the magistrate judge, except as noted. ACCORDINGLY, IT IS ORDERED: 1. The report and recommendation is adopted as to all defendants except defendant Miranda. 2. Defendants' motion for summary judgment wit... Grace L. SANDOVAL, Plaintiff, v. Herbert FARRAR, Defendant. , S.D.Cal., November 13, 2009 ORDER: (1) GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, (2) DENYING REQUEST FOR APPOINTMENT OF COUNSEL AND (3) SUA SPONTE DISMISSING WITH PREJUDICE JANIS L. SAMMARTINO, District Judge. Presently before the Court are Plaintiff Grace L. Sandoval's motions (1) to proceed in forma pauperis, (Doc. No. 2) and (2) for appointment of counsel. (Doc. No. 3.) For the reasons stated below, the Court GRANTS Plaintiff's motion to proceed in forma pauperis, sua sponteDISMISSES WITH PREJUDICE Plaintiff's co... Thomas SCHUSTER, Petitioner, v. Ken CLARK, Warden, Respondent. , E.D.Cal., November 13, 2009 FINDINGS AND RECOMMENDATION THAT PETITION FOR WRIT OF HABEAS CORPUS BE DISMISSED AS A SECOND OR SUCCESSIVE PETITION DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant petition with the United States District Court for the Central District of California on March 13, 2009, claiming "denial of due process and liberty interest in parole." (Pet. ... Larry D. THOMAS, Plaintiff, v. Hector ROBLES, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER DENYING MOTION TO AMEND GARY S. AUSTIN, United States Magistrate Judge. Plaintiff Larry D. Thomas ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's motion to amend his complaint pursuant to Federal Rule of Civil Procedure 15(a). "Rule 15(a) is very liberal and leave to amend 'shall be freely given when justice so requires.' " AmerisourceBergen Corp. v. Dialysis West, ... Larry GIRALDES Jr, Plaintiff, v. D. HICIMBOTHOM, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER DISMISSING DEFENDANTS ADAMS AND SANTORO DENNIS L. BECK, United States Magistrate Judge. Order I. Screening Requirement Plaintiff Larry Giraldes Jr, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 28, 2009. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dis... Jowell FINLEY, Plaintiff, v. T. GONZALES, III, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANTS' MOTION TO DISMISS LAWRENCE J. O'NEILL, District Judge. Plaintiff Jowell Finley ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. On August 20, 2009, the Magistrate Judge filed a Findings and Recommendations herein which was served on the part... Gilbert COLON, Plaintiff, v. TILTON, et al., Defendants. , E.D.Cal., November 13, 2009 ORDER DENYING MOTION TO AMEND COMPLAINT AND MOTION TO ADD EXHIBIT TO COMPLAINT (Docs.15, 16.) SANDRA M. SNYDER, United States Magistrate Judge. I. BACKGROUND Gilbert Colon ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on July 18, 2007. (Doc. 1.) On December 19, 2008, the court dismissed the complaint with leave to amend. (Doc. 11.) On February 24, 2009, plaintiff ... Gerald J. EMME, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Cal., November 13, 2009 ORDER REGARDING MOTION FOR ATTORNEY FEES PURDP1 TO 42 U.S.C. § 406(b) DENNIS L. BECK, United States Magistrate Judge. Petitioner Lawrence D. Rohlfing ("Counsel"), attorney for Plaintiff Gerald J. Emme ("Plaintiff"), filed the instant motion for attorney fees on April 2, 2009. Counsel requests fees in the amount of $13,357.45 pursuant to 42 U.S.C. § 406(b)(1). Plaintiff has not objected to the request, nor has Defendant offered a position. BACKGROUND Plaintiff filed his social security compl... OPEN ROAD VENTURES, LLC, and Todd Madeiros, Plaintiffs, v. Parker DANIEL, Defendant. , N.D.Cal., November 13, 2009 George Alan Yuhas, Nancy E. Harris, for Plaintiff. Andrew Thomas Mortl, Patricia L. Bonheyo, for Defendants. ORDER STAYING ACTION PENDING INITIATION OF MEDIATION RONALD M. WHYTE, District Judge. Three motions filed by Defendant Parker Daniel came on for hearing before the court on November 6, 2009, specifically, a motion to compel mediation/arbitration and dismiss the complaint, a motion to dismiss the claims of plaintiff Todd Madeiros for lack of subject matter jurisdiction, and a m... David ALMEIDA, individually and on behalf of all others similarly situated, Plaintiff, v. GOOGLE, INC., a Delaware Corporation; and Does 1 through 10, inclusive, Defendants. , N.D.Cal., November 13, 2009 Brian Stephen Kabateck, Michael Vincent Storti, Alfredo Torrijos, for Plaintiff. Alyse Deborah Bertenthal, Daralyn J. Durie, Ryan Marshall Kent, Leo Patrick Norton, David Jason Silbert, for Defendant. ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE RONALD M. WHYTE, District Judge. Plaintiff David Almeida brings this suit, individually and on behalf of all others similarly situated, against Googl... Emil ALPERIN, et al., Plaintiffs, v. THE FRANCISCAN ORDER, et al., Defendants. , N.D.Cal., November 13, 2009 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION; DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE SEVENTH AMENDED COMPLAINT MAXINE M. CHESNEY, District Judge. Before the Court are two motions: (1) Plaintiffs' "Motion for Reconsideration of Court's Doc. 458 Order Dismissing Plaintiffs' Case for Lack of Subject Matter Jurisdiction"; and (2) Plaintiffs' Motion for Leave to File Seventh Amended Complaint, each filed September 21, 2009. Defendant Order of Friars Minor ("OFM") has filed a single o... APPLE, INC., a California corporation, Plaintiff, v. PSYSTAR CORPORATION, a Florida corporation, Defendant. and Related Counterclaims. , N.D.Cal., November 13, 2009 ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT WILLIAM ALSUP, District Judge. INTRODUCTION In this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apple's motion is GRANTED and Psystar's motion is DENIED. STATEMENT Plaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system in 2001. Apple has manufactured an exclusive line of personal computers, inc... Elizabeth SANTOS, Plaintiff, v. PERALTA COMMUNITY COLLEGE DISTRICT, et al., Defendants. , N.D.Cal., November 13, 2009 ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT EDWARD M. CHEN, United States Magistrate Judge. Plaintiff Elizabeth Santos has filed suit against Defendants Peralta Community College District ("Peralta" or "District") and Shirley Mack for race discrimination. Currently pending before the Court is Defendants' motion for summary judgment. Having considered the parties' briefs and accompanying submissions, as well as the oral argument of counsel and the supplemental briefing requested by ... Salma K. ALI, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendants. , N.D.Cal., November 13, 2009 ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT JEFFREY S. WHITE, District Judge. Now before the Court is the motion of Plaintiff Salma K. Ali ("Ali") for summary judgment and the cross-motion of the Commissioner of the Social Security Administration ("Commissioner") for summary judgment. Pursuant to Civil Local Rule 16-5, the motions have been submitted on the papers without oral argument. Having carefully reviewed the administrative record and considered the parties' papers and the relev... FINANCIAL TECHNOLOGY PARTNERS L.P., Plaintiff, v. FNX LIMITED, Farid Naib, and Does 1-20, Defendants. , N.D.Cal., November 13, 2009 ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW JEFFREY S. WHITE, District Judge. Now before the Court is the motion for judgment as a matter of law filed by defendants FNX Limited ("FNX") and Farid Naib (collectively, "Defendants"). Having carefully reviewed the parties' papers, considered their arguments and the relevant legal authority, the Court hereby grants Defendants' motion. BACKGROUND In September 2002, the parties executed a Financial Advisory Agreement ("Agreem... Alfonso MOUZON, Petitioner, v. Pam AHLIN, Director, Coalinga State Hospital, Respondent. , N.D.Cal., November 13, 2009 ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS MAXINE M. CHESNEY, District Judge. On September 17, 2009, petitioner, a California prisoner proceeding pro se, filed the above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the Court finds the petition is subject to dismissal because petitioner has not sought or obtained authorization to file a second or successive petition under 28 U.S.C. § 2244(b)(3). BACKGROUND In ... Calvin JOHNSON, Petitioner, v. Larry SMALL, Warden, Respondent. , C.D.Cal., November 13, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE PHILIP S. GUTIERREZ, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. Objections to the Report and Recommendation have been filed herein. Having made a de novo determination of those portions of the Report and Recommendation to which objections have been made, t... Vondell LEWIS, Petitioner, v. Ben CURRY, Warden, Respondent. , N.D.Cal., November 13, 2009 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS THELTON E. HENDERSON, District Judge. Pro se Petitioner Vondell Lewis, a state prisoner incarcerated at the California Correctional Training Facility in Soledad, California, seeks a writ of habeas corpus under 28 U.S.C. § 2254 challenging the California Board of Parole Hearings' ("BPH") May 7, 2008 decision to deny him parole, which, for the reasons that follow, the Court denies. I The California Court of Appeal summarized the factual ... Gregory McCLELLAN, Petitioner, v. Ben CURRY, Respondent. , N.D.Cal., November 13, 2009 ORDER TO SHOW CAUSE SUSAN ILLSTON, District Judge. INTRODUCTION Gregory McClellan, an inmate at the Correctional Training Facility in Soledad, filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court reviewed his petition and dismissed it with leave to amend. His amended petition is now before the court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. His motion for a stay also is before the court for consider... Daniel TREBAS, et al., Plaintiffs, v. Arnold SCHWARZENEGGER, et al., Defendants. , C.D.Cal., November 13, 2009 ORDER ACCEPTING SECOND REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE R. GARY KLAUSNER, District Judge. The Court has reviewed the file in this matter, and has read and reviewed the Second Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Second Report to which Plaintiffs have objected. The Court accepts the Second Report and adopts its findings and recommendations. SECOND REPORT AND RECO... Joshua James SHEBBY, Petitioner, v. Anthony HEDGPETH, Warden, Respondent. , C.D.Cal., November 13, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE S. JAMES OTERO, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this action, the attached Report and Recommendation of United States Magistrate Judge ("Report"), and the objections thereto. Good cause appearing, the Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo d... Thomas CLINTON, Plaintiff, v. DIRECTOR OF CORRECTIONS, et al., Defendants. , C.D.Cal., November 12, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS, AND FINAL RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DAVID O. CARTER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Sixth Amended Complaint, all the records and files herein, and the Final Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge, IT IS ORDERED that the Judgment be entered: (1) approving a... Mark Anthony SCOTT, Plaintiff, v. Bethlehem HAILE, et al., Defendants. , E.D.Cal., November 12, 2009 Mark Anthony Scott, Vacaville, CA, pro se. John Michael Feser, Jr., Attorney General's Office for the State of California, Department of Justice, Sacramento, CA, for Defendants. FINDINGS & RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Plaintiff is a state prison inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On March 13, 2008, plaintiff filed a verified Second Amended Complaint. By order filed March 10, 2009, defendant Galloway's motio... William BRADSHAW, Petitioner, v. Anthony KANE, Warden, Respondent. , C.D.Cal., November 12, 2009 William Bradshaw, Soledad, CA, pro se. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE CHRISTINA A. SNYDER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and... Young LEE, Plaintiff, v. Charles TACHE, et al., Defendants. , S.D.Cal., November 12, 2009 Young Lee, Imperial, CA, pro se. ORDER: (1) GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, IMPOSING NO INITIAL PARTIAL FILING FEE, GARNISHING $350.00 BALANCE FROM PRISONER'S TRUST ACCOUNT [Doc. No. 2]; (2) DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. §§ 1915(e)(2) AND 1915A(b) BARRY TED MOSKOWITZ, District Judge. Young Lee, a state prisoner currently incarcerated at Centinela State Prison located in Imperial, California, and proceeding pro se, has submitted a civil... In re MOHAMMAD ATIQ TAYMUREE, Petitioner. , N.D.Cal., November 12, 2009 James Henry Oddie, William C. Lynn, Oddie, Lynn & Grisanti, P.C., San Francisco, CA, for Petitioner. Ila Casy Deiss, United States Attorney's Office, San Francisco, CA, for Respondent. ORDER GRANTING MOTION FOR AMENDMENT OF NATURALIZATION APPLICAION CHARLES R. BREYER, District Judge. Pending before the Court is Petitioner Mohammad Taymuree's ("Applicant") Form N-410 Motion for Amendment of Naturalization Application (Docket # 1) seeking a change of birth date. For the following reasons, ... Keith Desmond TAYLOR, Plaintiff, v. UNKNOWN AGENTS, Defendants. , N.D.Cal., November 12, 2009 Keith Desmond Taylor, San Quentin, CA, pro se. ORDER OF DISMISSAL MAXINE M. CHESNEY, District Judge. On July 6, 2009, plaintiff, a California prisoner incarcerated at San Quentin State Prison ("SQSP") and proceeding pro se, filed the above-titled civil rights action under 42 U.S.C. § 1983. By separate order filed concurrently herewith, plaintiff has been granted leave to proceed in forma pauperis. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any... ADOBE SYSTEMS INCORPORATED, Plaintiff, v. Sherman TERRY, et al., Defendants. , N.D.Cal., November 12, 2009 J. Andrew Coombs, Nicole Lynn Drey, J. Andrew Coombs, A Prof. Corp., Glendale, CA, for Plaintiff. ORDER GRANTING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT MAXINE M. CHESNEY, District Judge. Before the Court is plaintiff Adobe Systems Incorporated's "Motion for Entry of Default Judgment," filed September 22, 2009. Defendants Sherman Terry and Custom Access, Inc. (collectively, "defendants"), although served with the motion, have not filed a response. [FN1] FN1. By order dated October ... CRYOTECH INTERNATIONAL, INC., a Delaware Corporation, fka VBS Industries Incorporated, Plaintiff, v. TECHNIFAB PRODUCTS, INC., an Indiana Corporation; and Does 1-50 inclusive, Defendant. , N.D.Cal., November 12, 2009 David Richard Johanson, Johanson and Berenson, LLP, Napa, CA, Douglas Andrew Rubel, Johanson Berenson, Cary, NC, for Plaintiff. Mark Douglas Hassler, Hunt, Hassler & Lorenz, LLP, Terre Haute, IN, Arthur J. Casey, Robinson & Wood, Inc., San Jose, CA, for Defendant. ORDER DENYING PLAINTIFF'S CROSS-MOTION FOR SANCTIONS HOWARD R. LLOYD, United States Magistrate Judge. Plaintiff Cryotech International, Inc. ("Cryotech") and defendant Technifab Products, Inc. ("Technifab") are competing compa... KELOMAR, INC., a California corporation, Plaintiff, v. Darrell KULOW, Defendant. , S.D.Cal., November 12, 2009 ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS BARRY TED MOSKOWITZ, District Judge. Defendant Darrell Kulow ("Defendant" or "Kulow") has filed a motion for judgment on the pleadings. For the reasons discussed below, Defendant's motion is GRANTED. I. BACKGROUND Plaintiff Kelomar, Inc., commenced this action in the Superior Court of the State of California, County of Imperial. On February 24, 2009, Defendant removed the action to federal court. During the 2007 Imperial Valley spring mel... Marc Anthony Lowell ENDSLEY, Plaintiff, v. Octavio LUNA, Defendant. , C.D.Cal., November 12, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, the Magistrate Judge's Report and Recommendation, and Petitioner's Objections. After having made a de novo determination of the portions of the Report and Recommendation to which Objections were directed, the Court concurs with and adopts the findings, conclusions and r... Donald L. COHN and Karen S. Cohn, husband and wife, as joint tenants, Plaintiffs, v. OPPENHEIMERFUNDS, INC., Oppenheimerfunds Distributor, Inc., Oppenheimer Champion Income Fund, Charles Kandilis, William L. Armstrong, John V. Murphy, and Brian W. , S.D.Cal., November 12, 2009 ORDER HAYES, District Judge. The matter before the Court is the Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a), filed by all Defendants. (Doc. # 7). I. Background A. Oppenheimer Litigation in Other Courts On February 13, 2009, a complaint alleging violations of the Securities Exchange Act in connection with alleged public misstatements made regarding the Oppenheimer Champion Income Fund ("Champion Fund"), was filed in the Southern District of New York. (Larrabee Decl., Ex. A... UNITED STATES of America, Plaintiff, v. APPROXIMATELY $19,500.00 IN U.S. CURRENCY, Defendant. , E.D.Cal., November 12, 2009 FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF'S EX PARTE APPLICATION FOR DEFAULT JUDGMENT GARY S. AUSTIN, United States Magistrate Judge. INTRODUCTION In this civil forfeiture action, Plaintiff United States of America ("Government") seeks: 1. Default judgment against the interests of Jesus Fletes and Ricardo Fletes in approximately $19,500.00 ("Defendant Currency"); 2. Entry of a final forfeiture judgment to vest in the Government all right, title and interest in the Defendant Cur... Vivian HENRIQUEZ, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 12, 2009 Bill Latour, Bill Latour Law Offices, Loma Linda, CA, for Plaintiff. Assistant U.S. Attorney La-Cv, Ausa - Office of U.S. Attorney, Los Angeles, CA, Assistant U.S. Attorney La-Ssa, Office of the General Counsel for Social Security Adm., San Francisco, CA, Nancy M. Lisewski, Us Attorney's Office U.S. Dpartment of Justice, San Francisco, CA, for Defendant. MEMORANDUM OPINION AND ORDER RALPH ZAREFSKY, United States Magistrate Judge. Plaintiff makes four arguments in challenging the Comm... Paul RENEAU, Petitioner, v. Michael S. EVANS, Warden, Respondent. [FN1]FN1. Michael S. Evans is the warden of Folsom State Prison, where Petitioner is currently incarcerated. Warden Evans is therefore substituted as the proper Respondent. Substitut, C.D.Cal., November 12, 2009 Paul Reneau, Blythe, CA, pro se. Daniel Brian Rogers, CAAG Office of Attorney General of California, San Diego, CA, for Respondent. ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE FLORENCE-MARIE COOPER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records and files herein, and the Magistrate Judge's Report and Recommendation. The time for filing Objections to the Report and Recommendation has passe... Mark DELAPLANE, Petitioner, v. John MARSHALL, Warden, Respondent. , C.D.Cal., November 12, 2009 Roger S. Hanson, Roger S. Hanson Law Offices, Santa Ana, CA, for Petitioner. Amanda Lloyd, CAAG-Office of the Attorney General, Los Angeles, CA, for Respondent. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE JOHN F. WALTER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus, all of the records herein, the Report and Recommendation of United States Magistrate Judge, Respondent's Object... Carlton MOSLEY, aka Carlton Mosley, Sr., Petitioner, v. J. WALKER (Warden), Respondent. , C.D.Cal., November 12, 2009 Carlton Mosley, Sr., Represa, CA, pro se. OPINION AND ORDER ON A PETITION FOR HABEAS CORPUS AUDREY B. COLLINS, Chief Judge. On October 2, 2009, petitioner Carlton Mosley, aka Carlton Mosley, Sr., a state inmate proceeding pro se, filed a habeas corpus petition under 28 U.S.C. § 2254, which this Court dismissed with leave to amend under Rule 12(e) due to petitioner's failure to set forth his grounds for relief and supporting facts, and ordered petitioner to file an amended petition withi... Kenneth SACKS, Plaintiff, v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , C.D.Cal., November 12, 2009 Patricia L. McCabe, Patricia L. McCabe Law Offices, Van Nuys, CA, for Plaintiff. Assistant U.S. Attorney LA-SSA, Office of The General Counsel for Social Security Adm., John C. Cusker, Tova D. Wolking, SUSA - Office of U.S. Attorney, San Francisco, CA, for Defendant. MEMORANDUM DECISION STEPHEN J. HILLMAN, United States Magistrate Judge. I. PROCEEDINGS Plaintiff filed a Complaint on October 16, 2007, appealing a final administrative decision denying Disability Insurance Benefits ("DIB... COACH, INC. et al. v. ASIA PACIFIC TRADING COMPANY, INC. et al. , C.D.Cal., November 12, 2009 Brent H. Blakely, Cindy W. Chan, Blakely Law Group, Hollywood, CA, for Coach, Inc. et al. James Juo, Jennifer L. Webber, Fulwider Patton Lee & Utecht, Los Angeles, CA, for Asia Pacific Trading Company, Inc. et al. Proceedings: (In Chambers) Order GRANTING in part and DENYING in part Plaintiffs' Motion for Summary Adjudication regarding Defendant Sunglass Experts' liability, GRANTING Defendant Sunglass Experts' Motion for Summary Judgment regarding compensatory damages, and GRANTING Defendan... Mark SWEARINGEN dba Semco Manufacturing, individually and as a representative of others similarly situated, Plaintiff, v. HAAS AUTOMATION, INC., CNG Associates, Inc., Machining Time Savers, Inc., HAI Capital, Inc., and Does 1 through 20, inclusive,, S.D.Cal., November 12, 2009 ORDER GRANTING MOTION TO DISMISS SECOND AMENDED COMPLAINT BARRY TED MOSKOWITZ, District Judge. Defendants have filed a motion to dismiss Plaintiff's Second Amended Complaint ("SAC") for failure to state a claim. For the reasons discussed below, Defendants' motion is GRANTED. I. BACKGROUND The following facts are taken from the SAC. The Court makes no finding as to the truthfulness of the allegations. Haas Automation, Inc. ("Haas") manufactures machine tools which consist of four major prod... Patricia BROYLES, Plaintiff, v. A.U.L. CORPORATION LONG-TERM DISABILITY INSURANCE PLAN, Defendant. Standard Insurance Company, Real Party in Interest. , N.D.Cal., November 12, 2009 ORDER DENYING PLAINTIFF'S MOTION FOR JUDGMENT UNDER RULE 52; GRANTING DEFENDANT'S CROSS-MOTION FOR JUDGMENT UNDER RULE 52; GRANTING DEFENDANT'S MOTION TO STRIKE; FINDINGS OF FACT AND CONCLUSIONS OF LAW MAXINE M. CHESNEY, District Judge. Before the Court are (1) plaintiff Patricia Broyles's ("Broyles") motion for judgment and (2) defendant A.U.L. Corporation Long-Term Disability Insurance Plan and real party in interest Standard Insurance Company's ("Standard") opposition and cross-motion for ... Elizabeth ROSS, Plaintiff(s), v. Gregory A. STRANGER, et al., Defendant(s). , N.D.Cal., November 12, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND BERNARD ZIMMERMAN, United States Magistrate Judge. Plaintiff Elizabeth Ross has moved to remand this action to Marin County Superior Court, contending that this court lacks subject matter jurisdiction. Defendants argue that plaintiff's Eleventh Cause of Action, entitled "Violation of State Securities Laws", arises under federal law because it contains the words "which incorporate the Federal Securities Acts and laws." Complaint ¶ 100. The mere m... UNITED STATES of America, Respondent, v. David Min PARK, Movant. , E.D.Cal., November 12, 2009 Daniel S. Linhardt, U.S. Attorneys, Sacramento, CA, for Respondent. FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Movant, a former federal prisoner, is proceeding pro se with a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. [FN1] Movant claims that his trial counsel in this action rendered ineffective assistance. Respondent has filed a motion to dismiss, arguing that movant's claims are barred by the statute of limitations c... Ricardo BUSH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Cal., November 12, 2009 Bess M. Brewer, Bess M. Brewer and Associates, Sacramento, CA, for Plaintiff. Bobbie J. Montoya, SS, United States Attorney's Office, Sacramento, CA, Shea Lita Bond, Office of the General Counsel, San Francisco, CA, for Defendant. ORDER GREGORY G. HOLLOWS, United States Magistrate Judge. Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI") under Title XVI of the Social... Warm WINDS dba Alternatives to Violence, a California Non-Profit Corporation, Plaintiff, v. The PROBATION DEPARTMENT OF the COUNTY OF SACRAMENTO, Verne L. Speirs, Chief; Shawn Ayala, Assistant Probation Chief; Susan Vanquill, Retired Annuitant/Prob, E.D.Cal., November 12, 2009 Lyle D. Solomon, Law Office of Lyle D. Solomon, Rocklin, CA, for Plaintiff. Carl L. Fessenden, Laura Jean Marabito, Porter Scott, Sacramento, CA, for Defendants. MEMORANDUM AND ORDER MORRISON C. ENGLAND, JR., District Judge. Through the present action, Plaintiff Warm Winds dba Alternatives To Violence, a California Non-Profit Corporation ("Warm Winds" or "Plaintiff") seeks redress for the revocation of approval for a program it operated to treat certain criminal probationers. Defendants ... Billy R. HEMPHILL, Plaintiff, v. HIGH DESERT STATE PRISON, Defendant. , E.D.Cal., November 12, 2009 Billy R. Hemphill, Corcoran, CA, pro se. ORDER MARSHA S. BERZON, District Judge. This case was reassigned to the undersigned judge. (Dkt.# 12). Plaintiff Billy R. Hemphill, who is confined in High Desert State Prison, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. (Dkt.# 1). After reviewing Hemphill's Application to Proceed In Forma Pauperis and screening Hemphill's Complaint pursuant to 28 U.S.C. § 1915A, the Court will grant Hemphill's request to proceed in forma ... Arthur Frederick LUTE, III, Petitioner, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, Respondent. , S.D.Cal., November 12, 2009 Arthur Fredrick Lute, III, San Diego, CA, pro se. Attorney General, State of California Office of the Attorney General, San Diego, CA, for Respondent. ORDER DISMISSING CASE WITHOUT PREJUDICE DANA M. SABRAW, District Judge. Petitioner, a state prisoner proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, but has failed to pay the $5.00 filing fee and has failed to move to proceed in forma pauperis. Because this Court cannot proceed until Petiti... Derick WILLIAMS, Plaintiff, v. Lieutenant STECK; R. Meyer; C. Ortiz; V. O'Shaughnessy; K. Kumar; and N. Grannis, Defendants. , C.D.Cal., November 12, 2009 Derick A. Williams, Vacaville, CA, pro se. Mina K Choi, CAAG Office of Attorney General, Los Angeles, CA, for Defendants. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DAVID O. CARTER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, concl... Anthony ALLARA, Plaintiff, v. UNKNOWN, Defendants. , E.D.Cal., November 12, 2009 REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE VALERIE P. COOKE, United States Magistrate Judge. This Report and Recommendation is made to the Honorable Roger L. Hunt, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and LR 72-302. Anthony Allara ("plaintiff") is a state prisoner proceeding pro se. On June 22, 2009, a report and recommendation was filed recommending that the District Court dismiss plaintiff's... George LEE, Plaintiff, v. Thomas CAREY, et al., Defendants. , E.D.Cal., November 12, 2009 ORDER FRANK C. DAMRELL, JR., District Judge. Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On September 9, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings an... Eula Lee M. JACKSON, Plaintiff, v. INVESTMENT COUNTY OF SACRAMENTO, Defendant. , E.D.Cal., November 12, 2009 ORDER WILLIAM B. SHUBB, District Judge. Plaintiff, proceeding pro se, filed a request to reopen the above- entitled action, which was closed on May 7, 2004. The request was referred to the United States Magistrate Judge by minute order filed October 1, 2009. On October 5, 2009, the magistrate judge filed findings and recommendations which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within twenty d... Lionell THOLMER, Plaintiff, v. James A. YATES, et al., Defendants. , E.D.Cal., November 12, 2009 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION PROCEED ONLY AGAINST DEFENDANTS YATES, ALLISON, MATTINGLY, HUDSON, AND CHIEF MEDICAL OFFICER JOHN DOE ON PLAINTIFF'S EIGHTH AMENDMENT MEDICAL CLAIMS, AND ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED OBJECTIONS, IF ANY, DUE IN 30 DAYS GARY S. AUSTIN, United States Magistrate Judge. Plaintiff Lionell Tholmer ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C.... Randy Lee SODERSTROM, Plaintiff, v. ORANGE COUNTY DISTRICT ATTORNEY, et al., Defendants. , C.D.Cal., November 12, 2009 RDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE PERCY ANDERSON, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint, all of the records and files herein, Defendants' Motions to Dismiss, the Magistrate Judge's Report and Recommendation, and Plaintiff's Objections. After having made a de novo determination of the portions of the Report and Recommendation to which Objections were directed, the Court concurs wi... ALLSTATE LIFE INSURANCE COMPANY, Plaintiff, v. Beatrice DALL; J.S.D.; E.R.D.; Jeanne Corene Viloria; Larry Lee Dall; Shannon Christin Oliveira; Shelli Allison Dall; Stephen Ray Dall; Barbara Dall, Defendants. , E.D.Cal., November 12, 2009 Kurt A. Kappes, Robert Brian Milligan, Jesica N. Pandika, Seyfarth Shaw, Sacramento, CA, for Plaintiff. Jeffrey L. Levinson, Griswold Lasalle Cobb Dowd and Gin, Hanford, CA, Matthew Daniel Haley, Haley Law Offices, P.C., Oakland, CA, for Defendants. GARIAND E. BURRELL, JR., District Judge. On October 28, 2009, an order issued granting summary judgment in this interpleader action in favor of two minors represented by their guardian ad litem, Beatrice Dall. [FN1] The summary judgment or... Aaron James PIERCE, Plaintiff, v. Jeanne S. WOODFORD, et al., Defendants. , E.D.Cal., November 12, 2009 Aaron James Pierce, Ventura, CA, pro se. ORDER FRANK C. DAMRELL, JR., District Judge. Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. PROCEDURAL HISTORY On March 24, 2009, the assigned magistrate judge issued findings and recommendations, recommending dismissal of this action due to plaintiff's failure to state a cognizable claim. See28 U.S.C. § 1915A. Although the court's file reflected that those findings and recommendations were pro... Anthony JONES, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Cal., November 12, 2009 Sengthiene Bosavanh, Law Offices of Jeffrey Milam, Fresno, CA, for Plaintiff. Brian William Enos, SS, United States Attorney, Fresno, CA, Elizabeth Mary Firer, Social Security Administration Office of the General Counsel, San Francisco, CA, for Defendant. FINDINGS AND RECOMMENDATION REGARDING PLAINTIFF'S SOCIAL SECURITY COMPLAINT DENNIS L. BECK, United States Magistrate Judge. BACKGROUND Plaintiff Anthony Jones ("Plaintiff") seeks judicial review of a final decision of the Commissione... DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, an agency of the State of California, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA, et al., Defendants. Shirley Darlene Chapman, Real Party in Interest. , E.D.Cal., November 12, 2009 ORDER GRANTING PLAINTIFF'S MOTION TO REMAND ACTION DENNIS L. BECK, United States Magistrate Judge. On September 22, 2009, Plaintiff Department of Fair Employment and Housing filed the instant Motion to Remand. The matter was heard on October 30, 2009, before the Honorable Dennis L. Beck, United States Magistrate Judge. Alexandra Seldin appeared telephonically on behalf of Plaintiff. Richard Chen appeared on behalf of Defendant Corrections Corporation of America. BACKGROUND Plaintiff Dep... UNITED STATES of America, Respondent, v. Chris Obih UBAH, Movant. , E.D.Cal., November 12, 2009 FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Movant is a former federal prisoner proceeding pro se with a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. [FN1] Movant seeks post-conviction relief on the grounds that his trial counsel rendered ineffective assistance. Upon careful consideration of the record and the applicable law, the court will recommend that the motion be denied. FN1. This motion was assigned, for sta... Jeffrey Dean FORD, Petitioner, v. Tom L. CAREY, Respondents. , E.D.Cal., November 12, 2009 ORDER & FINDINGS AND RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. I. Introduction Petitioner is a state prisoner represented by appointed counsel proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2002 conviction for committing two bank robberies. [FN1] Petitioner was also found to have been convicted of two prior bank robberies. He is serving a sentence of sixty years to life. This action is proceeding on the se... Brandon RUIZ v. Karen KELLY, et al. , E.D.Cal., November 12, 2009 A. HOWARD MATZ, District Judge. S. Eagle Deputy Clerk I. INTRODUCTION On October 17, 2007 Plaintiff Brandon Ruiz ("Plaintiff") filed a complaint against the following six defendants: (1) Karen Kelly, Head Psychologist for Enhanced Outpatient Program ("EOP") at California State Prison ("CSP") Sacramento ("Kelly"); (2) Amy Eargle, Lead Supervisor of EOP, A-Yard, CSP Sacramento ("Eargle"); (3) Dr. Vasquez, Lead Supervisor of EOP, B-Yard, CSP Sacramento ("Vazquez"); (4) Troy Brimhall, Ex-Healt... Alvaro QUEZADA, Petitioner, v. A. HEDGPETH, Warden, et al., Respondents. , E.D.Cal., November 12, 2009 FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS (Doc. 1) ORDER REQUIRING OBJECTIONS TO BE FILED WITHIN TWENTY DAYS GARY S. AUSTIN, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se on a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 21, 2009, Petitioner filed his petition for writ of habeas corpus in this Court. (Doc. 1). Petitioner alleges that prison employees engaged in a series of reprisals against ... Sherri KOZY, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC.; and Does 1 to 10, inclusive, Defendants. , E.D.Cal., November 12, 2009 MEMORANDUM DECISION RE: DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT OLIVER W. WANGER, District Judge. I. INTRODUCTION Before the court is a motion to dismiss or, in the alternative, a motion for a more definite statement filed by Defendant Countywide Home Loans, Inc. ("Defendant" or "Countrywide"). Defendant's motion is directed at the three claims asserted by Plaintiff Sherri Kozy ("Plaintiff" or Kozy") in her First Amended Complaint ("FAC... MULTIMEDIA PATENT TRUST, Plaintiff, v. TANDBERG, INC., Defendant. , S.D.Cal., November 12, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS MARILYN L. HUFF, District Judge. On July 6, 2009, Defendant Tandberg filed a motion to dismiss this action in light of its earlier-filed action in the District of Delaware, or to transfer this case to the District of Delaware. (Doc. No. 9.) On July 20, 2009, Plaintiff MPT filed an opposition to Defendant's motion to dismiss. (Doc. No. 16.) On July 27, 2009, Defendant filed a reply in support of its motion to dismiss. (Doc. No. 18.) On August 3, 200... HOOT WINC, L.L.C., Plaintiff, v. RSM McGLADREY FINANCIAL PROCESS OUTSOURCING, LLC, and Does 1 to 50, inclusive, Defendants. Rsm McGladrey Financial Process Outsourcing, LLC, Counterclaimant, v. Hoot Winc, LLC, Counterdefendant. , S.D.Cal., November 12, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT BARRY TED MOSKOWITZ, District Judge. Defendant RSM McGladrey Financial Process Outsourcing, LLC ("Defendant" or "RSM") has filed a motion for partial summary judgment based on a limitation-of-liability clause contained in the contract between the parties. For the reasons discussed below, Defendant's motion is GRANTED IN PART AND DENIED IN PART. I. BACKGROUND Plaintiff Hoot Winc, LLC, ("Plaintiff" or "Ho... Ralph JACQUEZ, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 12, 2009 MEMORANDUM OF DECISION ANDREW J. WISTRICH, United States Magistrate Judge. Plaintiff filed this action seeking reversal of the decision of defendant, the Commissioner of the Social Security Administration (the "Commissioner"), denying plaintiff's application for disability insurance benefits and supplemental security income ("SSI") benefits. The parties have filed a Joint Stipulation ("JS") setting forth their contentions with respect to each disputed issue. Administrative Proceedings T... KNOWLEDGE HARDY, Plaintiff, v. INDYMAC FEDERAL BANK, et al., Defendants. , E.D.Cal., November 12, 2009 ORDER ON DEFENDANTS' MOTIONS TO DISMISS (Docs.42, 46) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendant Mortgage Electronic Registration System, Inc. ("MERS") moved for an entry of dismissal of plaintiff Knowledge Hardy's ("Mr.Hardy's") claims against it for failure to obey this Court's order to file an amended complaint, pursuant to Fed.R.Civ.P. 41(b). Defendants Americas Best Home Loans ("AMHL") and Joe Gardella ("Mr.Gardella") (collectively "Americas Best") also moved to dismi... Kevin R. SCHRUBB, I, Petitioner, v. R. SPEIDELL, et al., Respondents. , E.D.Cal., November 12, 2009 Kevin R. Schrubb, I, Delano, CA, pro se. ORDER REGARDING PETITION FOR WRIT OF HABEAS CORPUS (Doc. 1) ORDER DIRECTING CLERK OF COURT TO SEND PETITIONER FORM FOR FILING CIVIL RIGHTS COMPLAINT PURSUANT TO 42 U.S.C. § 1983 ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT AND CLOSE CASE ORDER DISREGARDING MOTION FOR TEMPORARY RESTRAINING ORDER (Doc. 2) GARY S. AUSTIN, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se on a petition for writ of habeas corpus ... George VASQUEZ, Plaintiff, v. Pam AHLIN, et al., Defendants. , E.D.Cal., November 12, 2009 George Vasquez, Coalinga, CA, pro se. ORDER GRANTING MOTION FOR RECONSIDERATION, AND VACATING DISMISSAL ORDER AND JUDGMENT ORDER DIRECTING CLERK OF THE COURT TO CLOSE THIS ACTION PURSUANT TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff George Vasquez, a civil detainee proceeding pro se and in forma pauperis, filed this action on July 23, 2008. On June 30, 2009, the Court dismissed the action, with prejudice, for failure to state... UNITED STATES of America, Respondent, v. David Min PARK, Movant. , E.D.Cal., November 12, 2009 Matthew C. Stegman, United States Attorney's Office, Sacramento, CA, for Respondent. FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate judge. Movant, a former federal prisoner, is proceeding pro se with a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. [FN1] Movant claims that his trial counsel rendered ineffective assistance. Respondent has filed a motion to dismiss, arguing that movant's claims are barred by the statute of limitations... UNITED STATES of America, Plaintiff, v. Ryan WEDDING, Defendant. , S.D.Cal., November 12, 2009 ORDER ON DEFENDANT'S MOTION FOR IN CAMERA REVIEW; ORDER ON DEFENDANT'S DISCOVERY REQUESTS JEFFREY T. MILLER, District Judge. On or about November 5, 2009 Defendant submitted documents for an in camera review related to co-defendant Hassan Shirani. As the request relates to impeachment materials, the court defers all evidentiary rulings until the time of trial. The extent of impeachment materials is limited by Rules 404(b) and 609 of the Federal Rules of Evidence. No further order will be ... Leonel RODRIGUEZ and Maria Del Carmen Soto, Plaintiff, v. COUNTRYWIDE HOMES, et. al., Defendants. , E.D.Cal., November 12, 2009 Kimberly L. Mayhew, Caswell Bell and Hillison LLP, Fresno, CA, for Plaintiff. Kamao C. Shaw, Nafiz Cekirge, Bryan Cave LLP, Santa Monica, CA, Sanford P. Shatz, In-House Litigation, Calabasas, CA, Ronald D. Roup, Roup & Associates, A Law Corporation, Lake Forest, CA, for Defendants. ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION AS TO THE FIRST AND SECOND CAUSES OF ACTION (Document 34) ORDER REQUIRING PLAINTIFFS TO FILE DISMISSAL DOCUMENTS AS TO THE THIRD AND FOURTH CAUSES OF A... Kristin M PERRY, Sandra B Stier, Paul T Katami and Jeffrey J Zarrillo, Plaintiffs, City and County of San Francisco, Plaintiff-intervenor, v. Arnold SCHWARZENEGGER, in his official capacity as governor of California; Edmund G Brown Jr, in his offi, N.D.Cal., November 11, 2009 ORDER VAUGHN R. WALKER, Chief Judge. The court has received defendant-intervenors' ("proponents") in camera submission containing a sample of documents potentially responsive to plaintiffs' revised eighth document request. Doc # 251. Proponents assert that the documents are protected by the qualified First Amendment privilege and that in any event the documents are not relevant. Id.; see also Doc # 187 (proponents' motion for a protective order); Doc # 220 (proponents' motion to stay disc... Ruth JONES, et al. v. The COUNTY OF LOS ANGELES, et al. , C.D.Cal., November 11, 2009 Jeffrey W. Korn, Martison and Margolese, Beverly Hills, CA, for Ruth Jones, et al. Anthony Lai Perez, Jill Andrea Wood, Hurrell Cantrall LLP, Los Angeles, CA, for The County of Los Angeles, et al. A. HOWARD MATZ, District Judge. S. Eagle, Deputy Clerk. I. INTRODUCTION On November 12, 2008, Plaintiffs Ruth Jones and Robert Jones filed suit against Defendant County of Los Angeles ("County") alleging six causes of action under 42 U.S.C. § 1983 and state tort law in connection with the ... Saul JUAREZ v. WELLS FARGO BANK, N.A., et al. , C.D.Cal., November 11, 2009 A. HOWARD MATZ, District Judge. S. Eagle Deputy Clerk On May 4, 2009, Plaintiff Saul Juarez filed a complaint, asserting seven causes of action against Defendant Wells Fargo, N.A. ("Wells Fargo") arising out of a mortgage loan transaction that closed on March 6, 2006. On July 14, 2009, the Court granted Wells Fargo's motion to dismiss the original complaint with leave to amend, after Plaintiff failed to oppose the motion to dismiss. [FN1] On July 29, 2009, Plaintiff filed his First Amende... Ross GOOD v. DISKEEPER CORPORATION. , C.D.Cal., November 11, 2009 Proceedings: IN CHAMBERS (No Proceedings Held) A. HOWARD MATZ, District Judge. S. Eagle Deputy Clerk On June 19, 2009, Plaintiff Ross Good filed a putative class action complaint against Defendant Diskeeper Corporation ("Diskeeper") in Illinois state court, alleging violations of the Fair and Accurate Credit Transactions Act of 2003 ("FACTA") amendment to the Fair Credit Reporting Act ("FCRA"). 15 U.S.C. §§ 1681, et seq. On July 21, 2009, Defendant removed the case to the Federal Distr... Bartolo MULLEN, Plaintiff, v. Stephen SURTSHIN, et al., Defendants. , N.D.Cal., November 10, 2009 Bartolo Mullen, Martinez, CA, pro se. Gregory David Brown, Office of The Attorney General, San Francisco, CA, Lynn Anne Garcia, Anwyl, Scoffield & Stepp, Sacramento, CA, for Defendants. ORDER DISMISSING DEFENDANTS FU AND BENHAM; GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT RONALD M. WHYTE, District Judge. Plaintiff filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 against employees of Napa State Hospital ("NSH") and Disability Rights Center ("DRC"). On March 25, 2... AIRCRAFT TECHNICAL PUBLISHERS, a California company, Plaintiff, v. AVANTEXT, INC., a Pennsylvania corporation, Defendant. , N.D.Cal., November 10, 2009 Jack Russo, Christopher Joseph Sargent, Tim C. Hale, William Claude Milks, III, Russo & Hale LLP, Palo Alto, CA, for Plaintiff. S. Fey Epling, Steven Michael Selna, Drinker Biddle & Reath LLP, San Francisco, CA, Andrea L. D'Ambra, Daniel Philip Reilly, Gregory J. Lavorgna, Drinker Biddle & Reath, LLP, Philadelphia, PA, John J. Marshall, Drinker Biddle & Reath LLP, Berwyn, PA, for Defendant. ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF AND DEFENDANT'S SUMMARY JUDGMENT MOTIONS REGARDI... Mario BARRERAS VALENZUELA, on behalf of all similarly situated others, Plaintiff, v. MC2 POOL & SPA; Michael & Brian McFall Partners; Guillermo B. McFall; Brian McFall; and Does 1-10, Defendants. , N.D.Cal., November 10, 2009 Adam Wang, Adam Lee Pedersen, Law Offices of Adam Wang, San Jose, CA, for Plaintiff. Phi Sophie Mai, Phillip Martin Sims, Sims and Layton, San Jose, CA, for Defendants. ORDER GRANTING MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT RICHARD SEEBORG, United States Magistrate Judge. THIS MATTER is before the Court on plaintiff's unopposed motion for leave to file his first amended complaint ("FAC"). Federal Rule of Civil Procedure 15 provides, in pertinent part, that a party may amend its ... Michael Angelo LENA, Petitioner, v. SUPREME COURT OF CALIFORNIA, et al., Respondents. , N.D.Cal., November 10, 2009 Michael Angelo Lena, Donnacona, Quebec, Canada, pro se. ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY; DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE RONALD M. WHYTE, District Judge. Petitioner, a Canadian prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 alleging violations of his due process rights, among other things. On August 25, 2009, the court dismissed this action on abstention grounds, acknowledging that ... Lorie OTIS, Petitioner, v. WARDEN, Respondent. , N.D.Cal., November 10, 2009 Lorie Otis, Chowchilla, CA, pro se. ORDER VACATING JUDGMENT AND RE-OPENING CASE; ORDER OF TRANSFER RONALD M. WHYTE, District Judge. On August 24, 2009, petitioner, a California state prisoner, filed a motion for extension of time to file a federal habeas corpus petition but did not attach a petition. On September 30, 2009, the court dismissed this action for failure to state a case or controversy and closed the file. On October 5, 2009, the clerk entered petitioner's motion for leave... HASSAN ABPIKAR, Petitioner, v. Jerry BROWN, et al., Respondents. , N.D.Cal., November 10, 2009 Hassan Abpikar, San Jose, CA, pro se. ORDER OF DISMISSAL RONALD M. WHYTE, District Judge. On September 11, 2009, petitioner, incarcerated at the Santa Clara County Jail and proceeding pro se, filed the above entitled petition for a writ of habeas corpus. He has paid the filing fee. For the reasons stated below, the court DISMISSES this case. DISCUSSION A. Standard of Review This court may entertain a petition for writ of habeas corpus "in behalf of a person in custody pursuant to the ... Arvello L. TUFONO, Plaintiff, v. Correctional Sergeant M. VALENZUELA, Correctional Officer V. Franco, and Correctional Officer D. Galindo, Defendants. , N.D.Cal., November 10, 2009 ORDER OF SERVICE; DIRECTING DEFENDANTS TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION RONALD M. WHYTE, District Judge. Plaintiff, proceeding pro se filed a civil rights complaint pursuant to 42 U.S.C. § 1983, against officials and employees of Salinas Valley State Prison, where plaintiff's allegations occurred. Plaintiff is granted leave to proceed in forma pauperis in a separate order. The court orders service of the complaint on the named defendants. DISCUSSION A. Standar... James Lucius OLIVER, Plaintiff, v. Warden C. NOLL, et al., Defendants. , N.D.Cal., November 10, 2009 ORDER OF PARTIAL DISMISSAL; DISMISSAL WITH LEAVE TO AMEND OR NOTIFY COURT OF INTENT TO PROCEED WITH ORIGINAL COMPLAINT RONALD M. WHYTE, District Judge. Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has been granted leave to proceed in forma pauperis in a separate order. For the reasons stated below, the court orders the complaint partially dismissed and grants plaintiff leave to amend. Alternatively, plaintiff shall f... Steven VLASICH, Plaintiff, v. Dr. Timothy FISHBACK, et al., Defendants. , E.D.Cal., November 10, 2009 Steven Vlasich, Corcoran, CA, pro se. Ovidio Oviedo, Jr., Law Office of Oviedo Tookoian, LLP, Fresno, CA, Jaime Michelle Ganson, Attorney General's Office for the State of California, Sacramento, CA, for Defendants. ORDER DENYING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY DEFENDANTS JUAREZ AND VILLA, AND FOR SANCTIONS (Doc. 116.) GARY S. AUSTIN, United States Magistrate Judge. I. RELEVANT PROCEDURAL HISTORY Plaintiff Steven Vlasich ("Plaintiff") is a state prisoner proc... George REED, III, Petitioner, v. State of CALIFORNIA, Respondent. , N.D.Cal., November 10, 2009 ORDER OF DISMISSAL RONALD M. WHYTE, District Judge. On February 18, 2009, petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 3, 2009, the court ordered petitioner to show cause why the case should not be dismissed for failure to exhaust. On July 31, 2009, petitioner responded. For the reasons stated below, the court DISMISSES this action for failure to exhaust. In the petition, petitioner challenges his 2001 guilty plea c... Charles JOHNSON, Petitioner, v. Warden A. HEDGPETH, Respondent. , N.D.Cal., November 10, 2009 ORDER GRANTING RESPONDENT'S MOTION TO DISMISS RONALD M. WHYTE, District Judge. Petitioner, a state prisoner proceeding pro se, filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court ordered respondent to show cause why the amended petition should not be granted. On July 16, 2009, respondent filed a motion to dismiss the petition as untimely. Petitioner has not filed an opposition. Based upon the papers submitted, the court concludes that the petition... Keith A. ROBINSON, Plaintiff, v. Warden Francisco JACQUEZ, K. Cruse, and R.K. Bell, Defendants. , N.D.Cal., November 10, 2009 ORDER OF DISMISSAL RONALD M. WHYTE, District Judge. Plaintiff, an inmate at California State Prison-Sacramento, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against officials and employees of Pelican Bay State Prison ("PBSP"), where plaintiff's allegations occurred. Plaintiff is granted leave to proceed in forma pauperis in a separate order. For the reasons below, the court dismisses this action as duplicative. DISCUSSION A. Standard of Review Federal courts must engage i... A.D., a minor, et al., Plaintiffs, v. State of CALIFORNIA HIGHWAY PATROL, et al., Defendants. , N.D.Cal., November 10, 2009 ORDER GRANTING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS SUSAN ILLSTON, District Judge. Plaintiffs' motion for attorneys' fees and expenses is scheduled for a hearing on November 13, 2009. Pursuant to Civil Local Rule 7-1(b), the Court determines that the matter is appropriate for resolution without oral argument, and VACATES the hearing. For the reasons set forth below, the Court GRANTS plaintiffs' motion. However, while recognizing the complexities and challenges posed by this case, ... Inas S. SHAABAN, Plaintiff, v. COVENANT AVIATION SECURITY, Defendant. , N.D.Cal., November 10, 2009 ORDER GRANTING SUMMARY JUDGMENT CHARLES R. BREYER, District Judge. This dispute involves Plaintiff's taking of FMLA leave and her subsequent termination by Defendant, both in 2007. At the motion hearing held on October 30, 2009, the Court dismissed the third, fourth and fifth causes of action, which Plaintiff withdrew in her papers. The Court now grants Defendant's motion for summary judgment on the remaining two causes of action. BACKGROUND Plaintiff Inas S. Shaaban worked as a checkpoint ... Gabe BEAUPERTHUY, et al., Plaintiffs, v. 24 HOUR FITNESS USA, INC., a California corporation dba 24 Hour Fitness; Sport and Fitness Clubs of America, Inc., a California corporation dba 24 Hour Fitness, Defendants. , N.D.Cal., November 10, 2009 ORDER RE: MOTIONS FOR SUMMARY JUDGMENT SAMUEL CONTI, District Judge. I. INTRODUCTION This is a collective action filed by employees and former employees of Defendants 24 Hour Fitness USA, Inc. and Sport and Fitness Clubs of America, Inc. (collectively "24 Hour" or "Defendants"). Before the Court are two Motions for Summary Adjudication, both filed by Plaintiffs. Motion for Summary Adjudication Number One is filed on behalf of a class of employees and former employees who worked as managers fo... John E. DANNENBERG, Plaintiff, v. Warden Robert L. AYERS, Jr., Defendant. , N.D.Cal., November 10, 2009 ORDER CONTINUING HEARING AND REQUESTING FURTHER BRIEFING RE MOTION TO DISMISS RICHARD SEEBORG, United States Magistrate Judge. I. INTRODUCTION Defendants' motion to dismiss is presently set to be heard on November 18, 2009. Because the existing briefing presents certain questions which the Court believes could be more meaningfully addressed through further briefing than at oral argument alone, the hearing will be continued and a further briefing schedule will be set, as described below. I... HARTFORD CASUALTY INSURANCE COMPANY, Plaintiff, v. EEE BUSINESS INC., et al., Defendants. , N.D.Cal., November 10, 2009 ORDER GRANTING HARTFORD'S MOTION FOR SUMMARY JUDGMENT JEFFREY S. WHITE, District Judge. Now before the Court is the motion for summary judgment or, in the alternative, for summary adjudication filed by Plaintiff Hartford Casualty Insurance Company ("Hartford"). Hartford moves for summary judgment on its first cause of action for declaratory relief as to the duty to defend, its second cause of action for declaratory relief as to the duty to indemnify, and its third cause of action for reimburs... CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, Plaintiff, v. MOODY'S CORP., et al., Defendants. , N.D.Cal., November 10, 2009 ORDER GRANTING PLAINTIFF'S MOTION TO REMAND SUSAN ILLSTON, District Judge. Plaintiff has filed a motion to remand this action to San Francisco County Superior Court. The motion is scheduled for hearing on November 13, 2009. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and VACATES the hearing. Having considered the papers submitted, and for good cause shown, the Court hereby GRANTS plaintiff's motion and remands this case. Th... PEAK PERFORMANCE NUTRITION, a Nevada Domestic Corporation, and William E. Wheeler, Ph.D., an individual, Plaintiffs, v. MEDIA POWER, INC., a Maine corporation, Kenneth W. Byers, an individual, and Ken Wright, an individual, Defendants. , C.D.Cal., November 10, 2009 Jing James Li, Greenberg Traurig LLP, East Palo Alto, CA, for Plaintiffs. Carlos F. Negrete, Carlos F. Negrete Law Offices, San Juan Capistrano, CA, K. Andrew Kent, Rincon Venture Law Group, Westlake Village, CA, for Defendants. ORDER DENYING DEFENDANT WRIGHT'S MOTION FOR ORDER OF ABSTENTION. FLORENCE-MARIE COOPER, District Judge. This matter is before the Court on defendant Ken Wright's motion for abstention (docket no. 8), filed September 11, 2009. The Court has considered the mov... Garry McCULLOUGH, Plaintiff, v. LENNAR CORPORATION, a corporation, and Does 1 through 100, inclusive, Defendant. , S.D.Cal., November 10, 2009 ORDER HAYES, District Judge. The matter before the Court is the Motion to Dismiss the Complaint Or, in the Alternative, Motion to Strike First Amended Complaint ("Motion to Dismiss"), filed by Defendant, Lennar Corporation ("Lennar"). (Doc. # 11). I. Background On June 30, 2009, Plaintiff initiated this action by filing a Complaint in the San Diego County Superior Court, seeking to recover damages against his former employer, Lennar. (Doc. # 1, Ex. B). On August 20, 2009, Lennar rem... Alejandro RUIZ, Petitioner, v. Robert ADAMS, Respondent. , C.D.Cal., November 10, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE J. SPENCER LETTS, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the operative First Amended Petition ("FAP"), all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and adopts the findings, conclusions and recommendations of the Magis... Henry ALVARADO, Petitioner, v. Lydia C. HENSE, Warden, Respondent. , C.D.Cal., November 10, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE AUDREY B. COLLINS, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court accepts the findings and recommendations of the Magistrate Judge. REPORT AND RECOMMENDATION OF UNI... Kimberly A. RIVERA, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 10, 2009 MEMORANDUM OPINION AND ORDER MARC L. GOLDMAN, United States Magistrate Judge. Plaintiff Kimberly A. Rivera ("Plaintiff") seeks review of the Commissioner's final decision denying her application for disability insurance benefits ("DIB") pursuant to Title II of the Social Security Act. For the reasons stated below, this action is remanded for further proceedings. I. Factual and Procedural Background Plaintiff was born on March 8, 1968. (Administrative Record ("AR") at 65). She has a ten... DCS MARKETING, Plaintiff, v. The HOMER LAUGHLIN CHINA COMPANY et al., Defendants. , C.D.Cal., November 10, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT DAVID O. CARTER, District Judge. Before the Court is Defendant The Homer Laughlin China Company's ("HLC" or "Defendant") Motion for Partial Summary Judgment ("Motion"). After considering the moving, opposing and replying papers, as well as the parties' oral argument, and for the reasons that follow, the Court hereby GRANTS IN PART AND DENIES IN PART Defendant's Motion. I. BACKGROUND Defendant HLC is ... Rodney Bernard BARNO, Petitioner, v. Robert J. HERNANDEZ, Warden, Respondent. , S.D.Cal., November 10, 2009 Rodney Bernard Barno, San Diego, CA, pro se. Attorney General, State of California Office of the Attorney General, Lilia E. Garcia, Office of the Attorney General, San Diego, CA, for Respondent. ORDER HAYES, District Judge. The matter before the Court is Petitioner's Motion for Relief From Order (Doc. # 52). BACKGROUND Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. # 1). Petitioner conceded that four of his cl... Andrew CONTASTI, Annette Contasti and Joe Hernandez, individuals, Plaintiffs, v. CITY OF SOLANA BEACH, Defendant. , S.D.Cal., November 10, 2009 Frederik A. Jacobsen, Law Office of Frederik A. Jacobsen, Menlo Park, CA, for Plaintiffs. Robert C. Martinez, Carrie L. Mitchell, McDougal, Love, Eckis, Boehmer, Foley & Lough, El Cajon, CA, for Defendant. ORDER HAYES, District Judge. The matter before the Court is the Motion to Dismiss the Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Motion to Dismiss"), filed by Defendant City of Solana Beach ("City"). (Doc. # 5). I. Background On June 25, 2009, Plaintiffs in... WALNUT HILL ESTATE ENTERPRISES, LLC, Jonothan Benefield, and Julie Benefield, Plaintiffs, v. CITY OF OROVILLE, David Goyer, Sharon Atteberry, Jason Taylor, and Mitchell Brown, Defendants. , E.D.Cal., November 10, 2009 MEMORANDUM AND ORDER FRANK C. DAMRELL, JR., District Judge. This matter comes before the court on defendants City of Oroville (the "City"), David Goyer ("Goyer"), Sharon Atteberry ("Atteberry"), Jason Taylor ("Taylor"), and Mitchell Brown's ("Brown") (collectively "defendants") motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs Walnut Hill Estate Enterprises, LLC ("Walnut Hill"), Jonothan Benefield ("Benefield"), and Julie Benefield (collectiv... Wanda REAGEN, an individual, Plaintiff, v. AURORA LOAN SERVICES, INC., et al., Defendants. , E.D.Cal., November 10, 2009 Stephen Collette, Stephen P. Collette & Associates, Los Angeles, CA, for Plaintiff. Sunny S. Huo, Severson & Werson, San Francisco, CA, for Defendants. MEMORANDUM DECISION RE: DEFENDANT AURORA LOAN SERVICES, INC.'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT (Doc. 8) OLIVER W. WANGER, District Judge. I. INTRODUCTION Before the court for decision is Defendant Aurora Loan Services, Inc.'s ("Aurora") motion to dismiss Plaintiff Wanda Reagen's Complaint for failure to state a claim. Plaintiff, w... Daniel BJORLIN, Plaintiff, v. M.T.A. CROW, Defendant. , E.D.Cal., November 10, 2009 FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking relief under 42 U.S.C. § 1983. The matter is before the court on defendant Crow's motion for summary judgment brought pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has filed an opposition to the motion and defendant has filed a reply. BACKGROUND Plaintiff is proceeding on his original complaint in this case, i... Gilberto CALDERON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Cal., November 10, 2009 Young Chul Cho, Law Offices of Lawrence D. Rohlfing, Santa Fe Springs, CA, for Plaintiff. Brenda Pullin, Govt, Social Security Administration Office of General Counsel, San Francisco, CA, Jeffrey James Lodge, United States Attorney, Fresno, CA, for Defendant. ORDER REGARDING PLAINTIFF'S SOCIAL SECURITY COMPLAINT GARY S. AUSTIN, United States Magistrate Judge. BACKGROUND Plaintiff Gilberto Calderon ("Plaintiff") seeks judicial review of a final decision of the Commissioner of Social Se... Steven A. GARCIA, Petitioner, v. D. ADAMS, Warden, Respondent. , E.D.Cal., November 10, 2009 Steven A. Garcia, Corcoran, CA, pro se. FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the instant petition, Petitioner challenges the validity of his 2000 conviction and his sentence claiming the trial court violated the United States Supreme Court decision in Cunningham v. California, 54... Deidra A. LINTZ, Plaintiff, v. John E. POTTER, Postmaster General, United States Postal Service, Defendant. , E.D.Cal., November 10, 2009 Deidra A. Lintz, Elk Grove, CA, pro se. ORDER DALE A. DROZD, United States Magistrate Judge. Plaintiff is proceeding pro se and in forma pauperis on claims of employment discrimination based on sex, religion, age, physical and mental disabilities, and retaliation. The day after filing her initial complaint, plaintiff moved to amend the pleading to allege that the EEOC issued a final decision dated April 8, 2009, denying her claims. The motion was granted pursuant to the Federal Rule of Civi... UNITED STATES of America, Plaintiff, v. Charles MUHAMMAD, Defendant. , E.D.Cal., November 10, 2009 Kimberly A. Sanchez, United States Attorney, Fresno, CA, for Plaintiff. ORDER ON DEFENDANT'S MOTION TO REDUCE SENTENCE (Doc. 261.) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendant Charles Muhammad ("defendant") proceeds pro se and on November 6, 2009, filed papers which this Court construes as a motion to correct his sentence pursuant to 28 U.S.C. § 2255 ("section 2255"). This Court DENIES defendant's requested relief. BACKGROUND Defendant's Plea And Sentence Defendant enter... Michael E. TILTON, Petitioner, v. James Edward MacDONALD, Warden, Respondent. , E.D.Cal., November 10, 2009 FINDINGS AND RECOMMENDATION THAT PETITION FOR WRIT OF HABEAS CORPUS BE DISMISSED AS A SECOND OR SUCCESSIVE PETITION. DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was sentenced by the Kern County Superior Court to sixteen years in prison for continuous sexual abuse of a minor. (Pet. at 2). Petitioner appealed to the California Court of Appeal, Fifth Appe... FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Thalia BENJAMIN, Defendant. , S.D.Cal., November 10, 2009 ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS; REMANDING ACTION TO STATE COURT JEFFREY T. MILLER, District Judge. Defendant Thalia Benjamin moves for leave to prosecute this action in forma pauperis pursuant to 28 U.S.C. § 1915. The court denies the motion without prejudice because Plaintiff has failed to submit a completed application to proceed in forma pauperis. Plaintiff represents that she has income from gifts and inheritance but fails to identify the source or amount of these f... Tyrone R. JONES, Plaintiff, v. PLEASANT VALLEY STATE PRISON, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER FOLLOWING REMAND ORDER FOR DEFENDANTS LOO, HUANG, NEUBARTH, ORTIZ, AND McVICAR TO FILE ANSWER TO COMPLAINT WITHIN THIRTY DAYS SANDRA M. SNYDER, United States Magistrate Judge. I. RELEVANT PROCEDURAL HISTORY Tyrone R. Jones ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on March 12, 2001. (Doc. 1.) The court screened the complaint pursuant to 2... Patrick RICHARDSON, Plaintiff, v. H.L. BRYANT, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 138.) ORDER DENYING PLAINTIFF'S MOTIONS FOR DEFAULT JUDGMENT (Docs.112, 115.) OLIVER W. WANGER, District Judge. Patrick Richardson ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. On September 9, 2009, findings and recommendations were entered, recommending... Thurman Leroy SPENCER, Petitioner, v. Roy CASTRO, Warden, et al., Respondents. , E.D.Cal., November 10, 2009 ORDER EDMUND F. BRENNAN, United States Magistrate Judge. Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. [FN1] He has filed a request for leave to conduct discovery. FN1. Petitioner is serving two terms of life in prison with the possibility of parole for his convictions of attempted murder, ignition of an explosive device with intent to commit murder and arson. He alleges that his trial attorney was ine... Phouvong BORIHANH, Petitioner, v. B. CURRY, Respondent. , E.D.Cal., November 10, 2009 ORDER CRAIG M. KELLISON, United States Magistrate Judge. Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the action. Pending before the court is petitioner's request for a certificate of appealability (Doc. 11). Petitioner, a state prisoner proceeding pro se, has timely filed... GREG OPINSKI CONSTRUCTION, INC., a California Corporation, Plaintiff, v. BRASWELL CONSTRUCTION, INC., a California Corporation; the Explorer Insurance Company, an unknown entity; and Does 1 through 40, inclusive, Defendants. , E.D.Cal., November 10, 2009 ORDER RE MOTION FOR STAY GARY S. AUSTIN, United States Magistrate Judge. On August 27, 2009, Defendant Braswell Construction, Inc. ("Braswell") filed a Motion for Stay of Proceedings pursuant to Title 9 of the United State Code section 3. (Doc. 18; see also Docs. 19-21.) On October 5, 2009, Plaintiff Greg Opinski Construction, Inc. ("Opinski") filed an Opposition to the motion. (Doc. 23; see also Doc. 24.) Thereafter, on October 14, 2009, Braswell filed its reply to the opposition. (Doc. ... Jesse Edward BEJARAN, Plaintiff, v. Derral ADAMS, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER REQUIRING PLAINTIFF EITHER TO FILE AMENDED COMPLAINT OR TO NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY ON CLAIMS FOUND TO BE COGNIZABLE RESPONSE DUE WITHIN 30 DAYS SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff Jesse Edward Bejaran ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is in the custody of the California Department of Corrections and Rehabilitation and is incarcerat... Allen B. WILLIAMS, Plaintiff, v. Matthew CATE, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER REQUIRING PLAINTIFF EITHER TO FILE AMENDED COMPLAINT OR NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY ON CLAIMS FOUND TO BE COGNIZABLE RESPONSE DUE WITHIN 30 DAYS SANDRA M. SNYDER, United States Magistrate Judge. Plaintiff Allen B. Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is in the custody of the California Department of Corrections and Rehabilitation and is incarcerated at ... Charles D. WILLIAMS, Plaintiff, v. PORTERVILLE POLICE DEPARTMENT et.al., Defendants. , E.D.Cal., November 10, 2009 ORDER DENYING PLAINTIFF'S MOTION TO COMPEL AS MOOT DENNIS L. BECK, United States Magistrate Judge. Plaintiff Charles D. Williams, a state prisoner proceeding pro se and in forma pauperis, filed the instant civil rights action on April 21, 2008. A discovery scheduling order issued on February 19, 2009. On September 9, 2009, pursuant to Plaintiff's request, the Court issued a subpoena duces tecum to the Visalia Parole Office seeking records relating to Plaintiff's parole. On September... Jeff AIDNIK, Plaintiff, v. CALIFORNIA MEDICAL FACILITY, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER HOWARD D. MCKIBBEN, District Judge. Plaintiff is a state prisoner proceeding pro se in this action asserting civil rights claims under 42 U.S.C. § 1983. Defendants have filed a motion to dismiss (# 35). Plaintiff has opposed the motion (# 41), and defendants have replied (# 42). Plaintiff has also filed an unauthorized surreply (# 43), which the court will nonetheless consider. In his complaint, plaintiff asserts that on July 11, 2006, defendant Grochall called him a "f* * *ing r... Guadalupe SANTOS, Plaintiff, v. QUEBECOR WORLD LONG TERM DISABILITY PLAN, Defendant. , E.D.Cal., November 10, 2009 ORDER CLOSING CASE IN LIGHT OF THE PARTIES'S RULE 41(a) VOLUNTARY DISMISSAL WITH PREJUDICE ANTHONY W. ISHII, Chief Judge. On November 3, 2009, the parties filed a stipulation for dismissal with prejudice of this case pursuant to Federal Rule of Civil Procedure 41(a)(1). The parties state that they have settled all claims in this matter. The notice is signed by all parties who have appeared in this case. Rule 41(a) (1), in relevant part, reads: (A) ... the plaintiff may dismiss an a... J. DOE, Plaintiff, v. J. YATES, et al., Defendants. , E.D.Cal., November 10, 2009 FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF'S REQUEST FOR INJUNCTIVE RELIEF BE DENIED WITHOUT PREJUDICE DENNIS L. BECK, United States Magistrate Judge. Plaintiff J. Doe is a state prisoner proceeding pro se in this civil rights action. On October 15, 2009, Plaintiff filed her [FN1] second amended complaint, which the Court screened recently. FN1. Plaintiff is a male to female preoperative transgendered individual and refers to herself with feminine pronouns. The Court sha... Rick Paul SMITH, Plaintiff, v. Derral ADAMS, Warden, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER DIRECTING CLERK'S OFFICE TO RE-SERVE DOCUMENT 10 ORDER GRANTING MOTION TO SET ASIDE JUDGMENT, VACATING DISMISSAL ORDER AND JUDGMENT, AND DENYING MOTION FOR PRELIMINARY INJUNCTION THIRTY-DAY DEADLINE TO FILE SECOND AMENDED COMPLAINT GARY S. AUSTIN, United States Magistrate Judge. Plaintiff Rick Paul Smith, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S .C. § 1983 on February 17, 2009. This action was dismissed and judgm... HSBC BANK USA, N.A., as Trustee on Behalf of Ace Securities Corp. Home Equity Loan Trust Registered Holders of Ace Securities Corp. Home Equity Loan Trust, Series 2007-HE5, Asset Back Pass-Through Certificates Successor Lender by Mesne Transfers From, S.D.Cal., November 10, 2009 ORDER: (1) GRANTING MOTION TO REMAND, and (2) DENYING MOTION FOR ATTORNEY FEES AND COSTS. IRMA E. GONZALEZ, Chief Judge. This is an action for unlawful detainer. Plaintiff sued Defendants in the Superior Court for the County of San Diego, and Defendant David Bryant, Sr. ("Bryant") removed the case to this Court on July 31, 2009. [Doc. No. 1]. Currently before the Court are Plaintiff's Motion to Remand the case and Motion for Attorney Fees and Costs, filed on August 31, 2009. [Doc. No.... David and Martine MEDNANSKY, Plaintiff, v. U.S.D.A. FOREST SERVICE EMPLOYEES William Metz, Owen C. Martin, Randy Moore, Ritu Ahuja, Marlene Finley, and Donna Grosz, Defendant. , S.D.Cal., November 10, 2009 ORDER DENYING MOTION FOR RECUSAL LARR ALA BURNS, District Judge. On October 23, 2009, Plaintiffs moved, purportedly by noticed motion, for recusal. Plaintiffs had not, however, obtained a hearing date as required under Civil Local Rule 7.1(b), but had selected the date scheduled for hearing a different motion in this case. By discrepancy order, the Court accepted the recusal motion (the "Application") for filing but noted the hearing date was inaccurate and the motion would proceed as an ex p... Andrew A. CEJAS, Plaintiff, v. Lou BLANAS, et al., Defendants. , E.D.Cal., November 10, 2009 AMENDED FINDINGS & RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants' summary judgment motion filed May 4, 2009. For the following reasons, the court recommends that defendants' motion be granted. Summary Judgment Standards Under Fed.R.Civ.P. 56 Summary judgment is appropriate when it is demonstrated that there exists "no genuine ... Antonio DEL VALLE and Elsie Del Valle, Plaintiffs, v. MORTGAGE BANK OF CALIFORNIA, et al., Defendants. , E.D.Cal., November 10, 2009 MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AS TO CERTAIN CLAIMS, GRANTING DEFENDANT'S MOTION TO DISMISS WITH PREJUDICE AS TO CERTAIN CLAIMS AND WITH LEAVE TO AMEND AS TO CERTAIN CLAIMS (Doc. 8), DENYING DEFENDANT'S MOTION TO EXPUNGE LIS PENDENS AND AWARD COSTS AND ATTORNEY'S FEES WITHOUT PREJUDICE (Doc. 11), AND DIRECTING PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT WITHIN 20 DAYS OLIVER W. WANGER, District Judge. Before the Court is the motion to dismiss and the mo... Glenn David O'NEAL, Plaintiff, v. Deputy BRENES, et al., Defendants. , C.D.Cal., November 10, 2009 MEMORANDUM AND ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND MARGARET A. NAGLE, United States Magistrate Judge. Plaintiff, a state detainee proceeding pro se and in forma pauperis, filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, on October 14, 2009 ("Complaint"). [FN1] FN1. Plaintiff initially commenced this action in the United States District Court for the Southern District of California, which transferred the case to this judicial district. Congress has mandated that cou... Richard Ernest ANAYA, Plaintiff, v. Roseanne CAMPBELL, et al., Defendants. , E.D.Cal., November 10, 2009 Richard Ernest Anaya, Delano, CA, pro se. Michelle Leigh Angus, Attorney General's Office of the State of California, Robert Frederick Tyler, Jr., Wilke Fleury Hoffelt Gould and Birney, Sacramento, CA, Geoffrey Alan Beaty, Rankin Sproat Mires Beaty & Reynolds, Oakland, CA, for Defendants. FINDINGS & RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. I. Introduction Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pl... Randy WILLIAMS, Petitioner, v. Tony HEDGPETH, Warden, Respondent. , C.D.Cal., November 10, 2009 Emily J. Groendyke, Federal Public Defender Office, Los Angeles, CA, for Petitioner. Allison Hewon Chung, CAAG-Office of Attorney General of California, Los Angeles, CA, for Respondent. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE VALERIE BAKER FAIRBANK, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, all the records and files herein, and the Report and Recommendation of the United States Magistrate Jud... Gordon COFFEY, Petitioner, v. Ken CLARK, Warden, Respondent. , E.D.Cal., November 10, 2009 Gordon Coffey, Corcoran, CA, pro se. Maria G. Chan, California Attorney General's Office, Sacramento, CA, for Respondent. FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS SANDRA M. SNYDER, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. PROCEDURAL BACKGROUND Petitioner is currently in the custody of the California Department of Corrections serving an inde... Raymond AMADEO, Petitioner, v. John DOE, et. al., Respondent. , E.D.Cal., November 10, 2009 FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS DENNIS L. BECK, United States Magistrate Judge. Petitioner is civilly detained at Coalinga State Hospital pursuant to California's Sexually Violent Predator Act and is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. DISCUSSION I. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases provides in pertinent part: If it plainly appears from the pet... Clarence E. HOWARD, Plaintiff, v. W.J. SULLIVAN, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN CLAIMS FROM SECOND AMENDED COMPLAINT OLIVER W. WANGER, District Judge. Plaintiff Clarence E. Howard, a state prisoner, is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. On October 9, 2009, the Magistrate Judge screened Plaintiff's second amended compl... David MADDOX, Plaintiff, v. James A. YATES, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 15.) ORDER FOR THIS ACTION TO PROCEED ONLY AGAINST DEFENDANTS BATTLE, LADD, AND VANG ON PLAINTIFF'S EIGHTH AMENDMENT EXCESSIVE FORCE CLAIMS, AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS OLIVER W. WANGER, District Judge. David Maddox ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)... Rodney A. GRAVES-BEY, Plaintiff, v. Warden A. HEDGEPETH, et al., Defendants. , E.D.Cal., November 10, 2009 ORDER GRANTING MOTION FOR COPY OF DOCKET, AND DIRECTING CLERK'S OFFICE TO PROVIDE COPY ORDER STRIKING DUPLICATIVE MOTIONS ORDER DENYING MOTIONS FOR APPOINTMENT OF COUNSEL AND AN INVESTIGATOR GARY S. AUSTIN, United States Magistrate Judge. On June 3, 2009, Plaintiff Rodney A. Graves-Bey, a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, filed a motion seeking a copy of the docket in this case. On July 21, 2009, Plaintiff ... UNITED STATES of America, Plaintiff, v. 2006 RANGE ROVER SPORT HSE, VIN: SALSF25486A993483, LICENSE NO. 6DSL343, Defendant. , E.D.Cal., November 10, 2009 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OLIVER W. WANGER, District Judge. On September 9, 2009, the Magistrate Judge issued Findings and Recommendations that (1) Plaintiff's ex parte application for default judgment against the interests of Maria Horta, Christian Horta and Rafael Horta in the defendant property be granted; (2) final forfeiture judgment be entered to vest in Plaintiff all right, title and interest in the defendant property; and (3) Plaintiff be ordered to submit a prop... Maurice VAN BUREN, Plaintiff, v. Sara JOHNSON, et al., Defendant(s). , E.D.Cal., November 10, 2009 FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE VALERIE P. COOKE, United States Magistrate Judge. Maurice Van Buren ("plaintiff"), a pretrial detainee housed at the Napa State Hospital in Napa, California, has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983(# 16). The court has screened plaintiff's civil rights complaint pursuant to 28 U.S.C. § 1915A and finds that it must be dismissed. I. Screening Pursuant to 28 U.S.C. § 1915A Federal courts must conduct a preliminar... STEADFAST INSURANCE COMPANY v. UNITED STATES of America, et al. , C.D.Cal., November 10, 2009 A. HOWARD MATZ, District Judge. S. Eagle Deputy Clerk I. INTRODUCTION On December 13, 2007, Plaintiff-Intervenor American International Specialty Lines Insurance Company ("AISLIC") filed an intervenor complaint against Defendant United States of America ("USA") stating claims for response costs incurred under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § § 9601-9675, related to perchlorate contamination at the Whittaker-Bermite Site ("Site... Kevin RODGERS, Plaintiff, v. James TILTON, et al., Defendants. , E.D.Cal., November 10, 2009 FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. On March 10, 2009, defendants moved to dismiss this action, arguing that plaintiff has failed to exhaust available administrative remedies prior to bringing suit and that plaintiff's complaint fails to state a cognizable claim for relief. Plaintiff has filed an opposition, and defendants have filed ... Eddie James Otis ATKINS, Plaintiff, v. F.B. HAWS (Warden), et al., Defendants. , C.D.Cal., November 10, 2009 ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND DAVID T. BRISTOW, United States Magistrate Judge. Plaintiff currently is incarcerated at California State Prison Corcoran ("CSPCorcoran") in Corcoran, California. On September 11, 2009, he filed this pro se civil rights action. The gravamen of plaintiff's claims is that he was beaten by prison officials while housed at the California State Prison, Los Angeles County ("CSPLAC"), which is located in Lancaster, California, and that prison offic... Cornell WALKER, Petitioner, v. James WALKER, Warden, Respondent. , C.D.Cal., November 10, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE J. SPENCER LETTS, District Judge. Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation. IT IS ORDERED that Judgment be entered denying and dismissing the Petition with prejudice. IT IS FURTHER O... UNITED STATES of America v. REAL PROPERTY LOCATED IN NORTH HOLLYWOOD, California. , C.D.Cal., November 10, 2009 Michele Marchand, for Plaintiffs. Proceedings: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (filed 07/24/09) CHRISTINA A. SNYDER, Judge. CATHERINE JEANG Deputy Clerk LAURA ELIAS Court Reporter / Recorder I. INTRODUCTION On August 31, 2006, the government filed suit against defendant Real Property Located in North Hollywood, California ("defendant property") and claimants Loreto Minerva Alvarado ("claimant") and IndyMac Bank, F.S.B. ("IndyMac"), alleging a claim for forfeiture of real p... Pat KUEHL, Plaintiff, v. EMC MORTGAGE CORPORATION, et al., Defendant. , C.D.Cal., November 9, 2009 ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION; AND ORDER TO SHOW CAUSE RE: VENUE LARR ALA BURNS, District Judge. On November 4, 2009, Plaintiff filed her complaint. On November 6, she filed an ex parte motion captioned as a motion for preliminary injunction (the "Motion"). [FN1] None of the seven named Defendants has appeared. FN1. Plaintiff's counsel initially identified this as a motion for a temporary restraining order, but then filed ... Diane N. DINH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 9, 2009 Shanny J. Lee, Binder and Binder, Orange, CA, for Plaintiff. Assistant US Attorney LA-SSA, Office of the General Counsel for Social Security Adm., San Francisco, CA, Marcus M. Kerner, AUSA - Office of US Attorney, Santa Ana, CA, for Defendant. ORDER GRANTING PLAINTIFF'S PETITION FOR APPROVAL OF FEES PURSUANT TO § 406(b) OSWALD PARADA, United States Magistrate Judge. I. PROCEEDINGS On September 22, 2009, Plaintiff's counsel, Manuel D Serpa ("Counsel"), filed a petition for attorney fee... Lee JACKSON, et al., Plaintiffs, v. SILICON VALLEY ANIMAL CONTROL, et al., Defendants. , N.D.Cal., November 9, 2009 ORDER RICHARD SEEBORG, United States Magistrate Judge. Plaintiff Lee Jackson, acting in pro se, has submitted letter requesting the Court to "re-open this case." Jackson attaches various materials relating to her contention that her counsel did not adequately represent her in this action or to her underlying contentions on the merits. Based on a motion for summary judgment that was not substantively opposed, judgment in favor of all defendants except the City of Santa Clara was entered on Oct... ROXBURY ENTERTAINMENT, Plaintiff(s), v. PENTHOUSE MEDIA GROUP, INC.; Penthouse Digital Media Productions, Inc.; Pulse Distribution, LLC; and Does 1-10, inclusive, Defendant(s). , C.D.Cal., November 9, 2009 Kirk M. Hallam, Law Offices of Kirk M. Hallam, Santa Monica, CA, for Plaintiff. Floyd A. Mandell, Cathay Y.N. Smith, Lisa K. Shebar, Katten Muchin Rosenman LLP, Chicago, IL, Kristin L. Holland, David Newman, Katten Muchin Rosenman LLP, Los Angeles, CA, Ira P. Rothken, Rothken Law Firm LLP, Novato, CA, for Defendants. ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT FLORENCE-MARIE COOPER, District Judge. The matte... Bobby McGEE, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 9, 2009 MEMORANDUM OPINION AND ORDER PATRICK J. WALSH, United States Magistrate Judge. I. INTRODUCTION Before the Court is Plaintiff's appeal of a decision by Defendant Social Security Administration ("the Agency"), denying his application for Supplemental Security Income ("SSI") benefits. Plaintiff claims that the ALJ erred in 1) finding that his mental impairment did not meet or equal a Listed impairment; 2) failing to properly evaluate his credibility; and 3) determining his residual functio... MENAGERIE PRODUCTIONS, et al., Plaintiff(s), v. CITYSEARCH, et al., Defendant(s). , C.D.Cal., November 9, 2009 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (filed 08/11/09) CHRISTINA A. SNYDER, District Judge. INTRODUCTION On May 27, 2008, plaintiff Tom Lambotte ("Lambotte"), on behalf of himself and all others similarly situated, filed the instant class action suit in the Los Angeles County Superior Court against defendants IAC/Interactive Corp., Ticketmaster, d/b/a Citysearch.com, Citysearch.com (collectively, "Citysearch"), and Does 1-20. On June 27, 200... PACIFIC ROLLFORMING, LLC et al., Plaintiffs, v. TRAKLOC NORTH AMERICA, LLC, et al., Defendants. and Related Counterclaims. , S.D.Cal., November 9, 2009 ORDER GRANTING MOTION TO DISSOLVE PRELIMINARY INJUNCTION AND EXONERATE BOND M. JAMES LORENZ, District Judge. On November 21, 2007 the court issued a preliminary injunction prohibiting Defendants Trakloc North America LLC ("TLNA"), its officers, including David Jablow ("Jablow"), and other Defendants from taking acts which interfered with Plaintiff Pacific Rollforming, LLC's ("Pacific") business. The preliminary injunction required a $25,000 bond. Pacific obtained the bond by making a $25,000 ... Bennie Lee MATHIS, Plaintiff, v. Domingo URIBE, Jr., Warden, Defendant. , S.D.Cal., November 9, 2009 Bennie Lee Mathis, Imperial, CA, pro se. Attorney General, State of California Office of the Attorney General, Kevin R. Vienna, Office of the Attorney General, San Diego, CA, for Defendant. ORDER RE: CERTIFICATE OF APPEALABILITY MICHAEL M. ANELLO, District Judge. Petitioner, Bennie Lee Mathis, a state Petitioner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his May 21, 1993, sentencing in San Diego Superior Court, Case No. 14943, f... Antone LEE, Petitioner, v. Derral G. ADAMS, Warden, Respondent. , N.D.Cal., November 9, 2009 Antone J. Lee, Imperial, CA, pro se. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PHYLLIS J. HAMILTON, District Judge. This case arises from a habeas corpus petition filed pro se by a state prisoner pursuant to 28 U.S.C. § 2254. The court issued an order for respondent to show cause why the writ should not be granted. Respondent has filed an answer and a memorandum of points and authorities in support of it, and has lodged exhibits with the court. Petitioner has responded with a travers... UNITED STATES of America, Plaintiff & Respondent, v. Hagop VARTANIAN, Defendant & Petitioner. , E.D.Cal., November 9, 2009 MEMORANDUM DECISION RE: PETITIONER HAGOP VARTANIAN'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 OLIVER W. WANGER, District Judge. I. INTRODUCTION Before the Court is Petitioner Hagop Vartanian's "Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255," filed July 31, 2008. [FN1] The United States has filed opposition, to which Petitioner has replied. FN1. References to section numbers refer to sections of Title 28 of the United St... DAVIS MORENO CONSTRUCTION, INC., Plaintiff, v. FRONTIER STEEL BUILDINGS CORPORATION, Defendant. , E.D.Cal., November 9, 2009 MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION (Docs. 42 and 49) OLIVER W. WANGER, District Judge. By Memorandum Decision filed on May 26, 2009, (Doc. 37) Defendant Frontier Steel Buildings Corporation's ("Frontier") motion to dismiss the Amended Complaint filed by Plaintiff Davis Moreno Construction, Inc. ("Davis" or "DMCI") for lack of personal jurisdiction and for change of venue or to transfer was denied. The Order denying Frontier's motion was filed on June... DAVIS MORENO CONSTRUCTION, INC., Plaintiff, v. FRONTIER STEEL BUILDINGS CORPORATION, Defendant. , E.D.Cal., November 9, 2009 MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT WITHOUT PREJUDICE (Doc. 44) OLIVER W. WANGER, District Judge. Plaintiff Davis Moreno Construction, Inc. ("Davis" or "DMCI") moves for leave to file a Second Amended Complaint to name additional defendants: . NCI Group, Inc., a Nevada corporation dba NCI Building Systems, and MBCI with its principal place of business in Texas; . Package Industries, Inc., a Massachusetts corporation w... Timothy THOMAS, Plaintiff, v. R. HERNANDEZ; Roberts Nelson; Irrazusta, Defendants. , S.D.Cal., November 9, 2009 ORDER DIRECTING U.S. MARSHAL TO EFFECT SERVICE OF AMENDED COMPLAINT PURSUANT TOFed.R.Civ.P.4(c)(3) & 28 U.S.C. § 1915(d) LARRY ALAN BURNS, District Judge. I. PROCEDURAL HISTORY On June 19, 2009, Timothy Thomas, a state prisoner proceeding pro se, filed a civil action pursuant to 42 U.S.C. § 1983. Additionally, Plaintiff filed a Motion to Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a) [Doc. No. 2], along with a Motion for Leave to Amend [Doc. No. 3]. The Court granted Pla... James McNEIL, Petitioner, v. J. WALKER, Warden, Respondent. , S.D.Cal., November 9, 2009 ORDER DISMISSING HABEAS PETITION WITHOUT PREJUDICE AS SECOND OR SUCCESSIVE WILLIAM Q. HAYES, District Judge. On October 19, 2009, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. In this action Petitioner is challenging his March 29, 2000 San Diego County Superior Court conviction and sentence for indecent exposure in case number SCD 147489. (See Petition at 2.) PRIOR FEDERAL HABEAS PETITIONS DENIED ON THE MERITS The in... Kevin Darnell BRYANT, Plaintiff, v. Seleaina Anne THOMAS, et al., Defendants. , S.D.Cal., November 9, 2009 ORDER: (1) DENYING MOTION FOR APPOINTMENT OF COUNSEL AND MOTION FOR LAW LIBRARY ACCESS [Doc. Nos. 3, 14]; (2) GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, IMPOSING NO INITIAL PARTIAL FILING FEE, GARNISHING $350 FROM PRISONER'S TRUST ACCOUNT [Doc. No. 2]; (3) SUA SPONTE DISMISSING CLAIMS AND DEFENDANTS FOR LACK OF PROPER VENUE AND FOR FAILING TO STATE A CLAIM; AND (4) DIRECTING U.S. MARSHAL TO EFFECT SERVICE UPON REMAINING DEFENDANTS PURSUANT TO Fed.R.Civ.P.4(c)(3) AND 28 U.S.C. § 1915(d) WILLIA... Nicandro GALAVIZ, Petitioner, v. CALIFORNIA, et al., Respondents. , C.D.Cal., November 9, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE OTIS D. WRIGHT II, District Judge. Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination. IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) the Report and Recommendation is adopted as the findings of fact an... Svetlana ABELYAN v. ONEWEST BANK, etc.; et al. , C.D.Cal., November 9, 2009 Damian Richard, for Defendants. Proceedings: DEFENDANT ONEWEST BANK'S MOTION TO DISMISS COMPLAINT, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (filed 10/08/09) CHRISTINA A. SNYDER, Judge. Catherine Jeang, Deputy Clerk. Laura Elias, Court Reporter / Recorder. I. INTRODUCTION On August 27, 2009, plaintiff Svetlana Abelyan filed suit in Los Angeles Superior Court against defendants OneWest Bank ("OneWest"), as successor b... Miguel GARCIA, Jr., Petitioner, v. R.A. HOREL, Warden, Respondent. , E.D.Cal., November 9, 2009 ORDER VAUGHN R. WALKER, Chief Judge. Petitioner Miguel Garcia, Jr, a state prisoner incarcerated at the Pelican Bay State Prison in Crescent City, CA, seeks a writ of habeas corpus under 28 USC § 2254. For the reasons set forth below, a writ is DENIED. I On July 12, 2005, after a jury trial in Fresno County superior court, petitioner was convicted of first degree murder and possession of a firearm by a person previously convicted of a violent felony. The jury found true the allegatio... Michael DIZON, et al. v. CALIFORNIA EMPIRE BANCORP, INC.; et al. , C.D.Cal., November 9, 2009 Benjamin Allen, for Defendant. Proceedings: DEFENDANTS COUNTRYWIDE HOME LOANS, INC. AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.'S MOTION TO DISMISS COMPLAINT AND EXPUNGE THE LIS PENDENS OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT (filed 08/17/09) CHRISTINA A. SNYDER, Judge. Catherine Jeang, Deputy Clerk. Laura Elias, Court Reporter / Recorder. I. INTRODUCTION On April 21, 2009, plaintiffs Michael Dizon and Pamela Dizon filed the instant action against California Emp... Ryan DELODDER v. AEROTEK, INC., et al. , C.D.Cal., November 9, 2009 Clint Brayton, for Plaintiffs. Jennifer White-Sperling, for Defendants. Proceedings: DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT (filed 07/06/09) CHRISTINA A. SNYDER, Judge. Catherine Jeang, Deputy Clerk. Laura Elias, Court Reporter / Recorder. I. INTRODUCTION & BACKGROUND On August 14, 2008, plaintiff Ryan DeLodder ("DeLodder") filed the instant class action in Los Angeles County Superior Court against defendants Allegis Group, Inc. ("Allegis")... Ronald K. PETERSON, Plaintiff, v. COUNTY OF SOLANO; Anthony Cuevaz, Correctional Officer; Gary R. Stanton, Sherrif, Defendants. , E.D.Cal., November 9, 2009 ORDER GRANTING DEFENDANTS COUNTY OF SOLANO, ANTHONY CUEVAZ, AND GARY STANTON7DS MOTION TO DISMISS J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION Pro se Plaintiff Ronald K. Peterson ("Plaintiff") filed a Complaint against Defendants County of Solano ("County"), Correctional Officer Adrian Cuevas [FN1] ("Cuevas"), and Sheriff Gary R. Stanton ("Stanton") (collectively, "Defendants") alleging violations of his constitutional rights as a result of Cuevas' alleged inappropriate comments and ... Nathan Kevin TURNER, Plaintiff, v. Kathline DICKINSON, et al., Defendants. , E.D.Cal., November 9, 2009 ORDER DALE A. DROZD, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. This proceeding was referred to the undersigned magistrate judge in accordance with Local Rule 72-302 and 28 U.S.C. § 636(b)(1). Plaintiff has submitted an in forma pauperis application that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, pla... Floyd Eugene BENDER, Plaintiff, v. W.J. SULLIVAN, et al., Defendants. , E.D.Cal., November 9, 2009 ORDER DISMISSING CERTAIN CLAIMS DENNIS L. BECK, United States Magistrate Judge. I. Order Plaintiff Floyd Eugene Bender, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 30, 2009. (Doc. 1.) On September 17, 2009, the Court issued an order requiring Plaintiff either to file an amended complaint or notify the Court of willingness to proceed only against defendants Robert and Cannedy. (Doc. 9.) On October 13, 2009, ... Cion PERALTA, Petitioner, v. Michael MARTEL, Warden, Respondent. , E.D.Cal., November 9, 2009 ORDER AND FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See28 U.S.C. § 1915(a). PRELIMINA... Mitchell E. BOUYER, Sr., et al., Plaintiffs, v. GMAC MORTGAGE, Defendant. , E.D.Cal., November 9, 2009 ORDER GARLAND E. BURRELL, JR., District Judge. On September 3, 2009, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir.1999). The magistrate judge's conclusions of law are reviewed d... Ernest MILLER, Plaintiff, v. Joe McGRATH; Tom Fetrel; and David Runnels, Defendants. , E.D.Cal., November 9, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, (DOC. 19), THAT THE CASE BE DISMISSED WITHOUT PREJUDICE HELEN GILLMOR, District Judge. Pro se Plaintiff Ernest Miller filed this prisoner civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 1.) On January 5, 2009, the Magistrate Judge filed an order granting Plaintiff's application to proceed in forma pauperis ("IFP Order"). (Doc. 16.) On October 7, 2009, the Magistrate Judge entered a Findings and Recommendation ("F & R") to ... Lana K. WILLIAMS, Plaintiffs, v. State of CALIFORNIA, Defendants. , E.D.Cal., November 9, 2009 ORDER VACATING SEPTEMBER 29, 2009, FINDINGS AND RECOMMENDATION (Document 5) ORDER GRANTING PLAINTIFF LEAVE TO FILE AMENDED COMPLAINT DENNIS L. BECK, United States Magistrate Judge. Plaintiff, appearing pro se and in forma pauperis, filed the instant action on September 22, 2009. She named the State of California as a defendant. On September 29, 2009, the Court issued findings and recommendations that the action be dismissed without leave to amend based on Eleventh Amendment immunity gro... Antonio SHARP, Plaintiff, v. A.D. MORRISON, et al., Defendants. , E.D.Cal., November 9, 2009 ORDER STEPHEN M. McNAMEE, District Judge. Before the Court is Plaintiff's Motions for Transfer, filed on April 16 and 20, 2009 (Docs.37-38). Defendants have responded to Plaintiff's motions (Doc. 53), and no reply was filed. [FN1] After considering the parties' respective briefing, the Court will deny Plaintiff's request for a transfer because the alleged events involve non-parties at a different institution and occurred well after Plaintiff's complaint was filed. FN1. On September 14... John Dean MATTOX, Plaintiff, v. E. MARTINEZ, et al., Defendants. , E.D.Cal., November 9, 2009 ORDER DENYING MOTION FOR RECONSIDERATION, AND PROHIBITING FURTHER FILINGS IN THIS ACTION, WHICH WAS OPENED IN ERROR AND IS DUPLICATIVE OF CASE NUMBER 1:08- cv-01265-FRZ LAWRENCE J. O'NEILL, District Judge. This action, brought by John Dean Mattox pursuant to 42 U.S.C. § 1983, was opened in error on May 8, 2009, and dismissed on July 21, 2009, as duplicative of earlier-filed case number 1:08-cv-01265-FRZ. On August 24, 2009, Plaintiff filed a motion for reconsideration, and requested that... J. David FRANKLIN, Sr., Plaintiff, v. CAR FINANCIAL SERVICES, INC., a Georgia corporation, authorized to do business and doing business in California, and John Does 1 through 20, Defendants. , S.D.Cal., November 9, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND LARRY ALAN BURNS, District Judge. Franklin seeks remand of this case to state court after Car Financial Services removed it here pursuant to 28 U.S.C. § 1441(b). The motion is GRANTED. 1. Background Franklin filed this action in San Diego Superior Court on May 27, 2009. The substance of his complaint is not important here, but suffice it to say Franklin accuses Car Financial of fraud, conversion, and intentional interference with prospective econom... Doreen E. CHRISTIAN, individually and on behalf of all others similarly situated, Plaintiff, v. AMERICAN STERLING BANK, and Does 1 through 10, inclusive, Defendants. , S.D.Cal., November 9, 2009 ORDER ON PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT LARRY ALAN BURNS, District Judge. I. Introduction Christian and American Sterling Bank agreed to settle this case for $15,000 in early January of 2009. Pursuant to a settlement agreement signed by Christian on March 26, 2009 and delivered to American Sterling Bank on April 2, 2009, the bank had until April 16, 2009 to send a check for the settlement amount to Christian's counsel. American Sterling Bank did not send a check on tim... SKYY SPIRITS, LLC, Plaintiff, v. RUBYY, LLC, Defendant. , N.D.Cal., November 9, 2009 ORDER DENYING DEFENDANT'S MOTION TO DISQUALIFY AND VACATING HEARING WILLIAM ALSUP, District Judge. INTRODUCTION The essence of the problem at hand is that the same person is the founder of both litigant companies. After he left the first company and started the second, the first sued the second for trademark infringement. The founder now wants to disqualify long-time counsel for the first company on the theory that counsel once represented him as well (in different and closed matters). Counsel... UNITED STATES of America, Plaintiffs, v. Gary James ROLLER, Defendant. , N.D.Cal., November 9, 2009 ORDER ON PENDING MOTIONS BY DEFENDANT RONALD M. WHYTE, District Judge. Pending before the court are four motions by defendant Gary James Roller: (1) for a Bill of Particulars; (2) to Strike One Count of the Indictment as Multiplicitous; (3) to Suppress Evidence Seized Pursuant to a Search Warrant Including Supplement Thereto; and (4) a Supplemental Motion to Suppress on Grounds of Lack of Jurisdiction. The court has reviewed the papers filed and heard the arguments of counsel. The court h... U.S.A. v. Garnik YESAYAN. , C.D.Cal., November 9, 2009 Kerry O'Neill, for U.S. Attorney. Richard Lasting, for Defendants. Proceedings: ARRAIGNMENT ON FIRST SUPERSEDING INDICTMENT GOVERNMENT'S MOTION IN LIMINE TO EXCLUDE INTRODUCTION OF DEFENDANT'S HEARSAY STATEMENTS BY DEFENDANT (filed 10/20/09) DEFENDANT'S MOTION IN LIMINE TO PRECLUDE IMPEACHMENT OF DEFENDANT WITH PRIOR CONVICTIONS (filed 10/20/09) CHRISTINA A. SNYDER, Judge. CATHERINE JEANG Deputy Clerk LAURA ELIAS Court Reporter/Recorder, Hearing held and counsel are present. The Co... Rashid MANSOUR, et al., Plaintiffs, v. UNITED STATES of America, Defendant. , E.D.Cal., November 9, 2009 Michael S. Helsley, Jones Helsley PC, Fresno, CA, for Plaintiffs. Jeffrey James Lodge, US Attorney's Office, Fresno, CA, for Defendant. SUMMARY JUDGMENT DECISION (Doc. 19.) LAWRENCE J. O'NEILL, District Judge. The Food and Nutrition Service ("FNS") of the U.S. Department of Agriculture ("USDA") disqualified plaintiffs Rashid Mansour ("Mr.Mansour") and Two Way Fruit Stand, Inc.'s ("TWFS" ') participation in the federal Food Stamp Program ("Program") due to what FNS characterizes as repeat... Larry R. LOPEZ, Petitioner, v. T. FELKER, Respondent. , E.D.Cal., November 9, 2009 Larry R. Lopez, Tehachapi, CA, pro se. Christina Diane Hitomi, Attorney General's Office of the State of California, Sacramento, CA, for Respondent. ORDER MORRISON C. ENGLAND, JR., District Judge. Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 18, 2009, judgment was entered in this court denying the petition. On November 2, 2009, petitioner filed a notice of appeal. Before petitioner can appeal this ... Janet Lorraine SIANO, Plaintiff, v. SACRAMENTO COUNTY DEPARTMENT OF PARKS AND RECREATION; Tom Hofsommer, individually and in his official capacity as Ranger for the Sacramento County Department of Parks and Recreation; C. Kemp, individually and in , E.D.Cal., November 9, 2009 Richard R. Johnson, Law Office of Richard R. Johnson, Sacramento, CA, for Plaintiff. Jeri Lynn Pappone, John A. Lavra, Longyear Odea & Lavra, LLP, Sacramento, CA, for Defendants. ORDER GARLAND E. BURRELL, JR., District Judge. Defendants filed a motion in limine on November 2, 2009, in which they seek to preclude the testimony of Plaintiff's witness Roger Andriola. Defendants argue this proposed witness's testimony is inadmissible under Federal Rules of Evidence 402, 403 and 404(b). Plaintif... Quoc XUONG LUU, Petitioner, v. V. SINGH, et al, Respondents. , E.D.Cal., November 9, 2009 ORDER AND FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Petitioner, currently confined at the Solano County Jail, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See28 U.S.C. § 1915(a). P... Richard ANAYA, Plaintiff, v. Roseanne CAMPBELL, et al., Defendants. , E.D.Cal., November 9, 2009 FINDINGS & RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. I. Introduction Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is the motion for judgment on the pleadings and to dismiss filed August 17, 2009, pursuant to Fed.R.Civ.P. 12(b) and 12(c) on behalf of defendants Smith, Casperite, Hamilton, Felker, Subia, Hoepner, Perez, James, Hale, Clark, Tedder, Akintola, Williams, Agyeman, Nale, Cam... UNITED STATES of America, Plaintiff, v. Jesse Francisco ROSALES, Defendant. , E.D.Cal., November 9, 2009 ORDER ON DEFENDANT'S 28 U.S.C. § 2255 PETITION TO VACATE, SET ASIDE OR CORRECT SENTENCE (Doc. 129-30) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendant/petitioner Jesse Francisco Rosales ("defendant") is a federal prisoner and proceeds pro se to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 ("section 2255"). This Court considered defendant's section 2255 petition on the record and denies defendant's requested relief. BACKGROUND Charges And Plea The char... Carl L. JIMENA, Plaintiff, v. UBS AG BANK, INC., et al., Defendants. , E.D.Cal., November 9, 2009 ORDER DEEMING PLAINTIFF'S "OBJECTIONS AND MANIFESTATIONS" FILED ON OCTOBER 27, 2009 (Doc. 168) TO BE MOTION FOR RECONSIDERATION AND DENYING DEEMED MOTION FOR RECONSIDERATION OLIVER W. WANGER, District Judge. The "Memorandum Decision and Order Denying in Part and Granting in Part Plaintiff's Amended Motion to Admit Third Amended Complaint, Striking Allegations Against UBS FS, and Directing Clerk of Court to File Third Amended Complaint," ("October 6 Memorandum"; Doc. 155), was filed on Oct... Robert Nelson HOWELL, Petitioner, v. H.A. RIOS, Jr., Warden, Respondent. , E.D.Cal., November 9, 2009 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 DENNIS L. BECK, United States Magistrate Judge. Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is challenging his 2000 conviction in the United States District Court for the Southern District of Illinois for conspiracy with intent to distribute a controlled substance, possession with intent to distribute a controlled substan... Jose Manuel Duarte RODRIGUEZ, Petitioner, v. Larry SMALL, Respondent. , E.D.Cal., November 9, 2009 ORDER DENYING PETITIONER'S MOTION TO STAY [Doc. # 12] DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. BACKGROUND On March 28, 2007, Petitioner was convicted of murder in the Stanislaus County Superior Court and sentenced to thirty years to life in prison. (First Am. Pet. at 1). Petitioner appealed to the California Court of Appeal, Fifth Appellate District, whic... FNS, INC., Plaintiff, v. BOWERMAN TRUCKING, INC., Vision X-Press, Inc.; N.E.W.S. Logistics, LLC; Victoria Lee Baine; and Does 1 through 20, Defendants. , S.D.Cal., November 9, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT IRMA E. GONZALEZ, Chief Judge. Presently before the Court is Plaintiff FNS, Inc.'s Motion for Leave to File a First Amended Complaint. (Doc. No. 22.) The Court finds the motion suitable for disposition without oral argument pursuant to Local Civil Rule 7.1(d)(1). For the reasons explained herein, the Court GRANTS the motion. BACKGROUND I. Factual Background This matter involves lost cargo containing LG Electronics c... Dwayne A. HARVEY, Plaintiff, v. The CITY OF SAN DIEGO, et. al., Defendants. , S.D.Cal., November 9, 2009 Doc Anthony Anderson, III, Law Office of Doc Anthony Anderson III, San Diego, CA, for Plaintiff. George F. Schaefer, Office of the City Attorney, San Diego, CA, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO PARTIALLY DISMISS DANA M. SABRAW, District Judge. On August 17, 2009, this Court entered an order granting in part and denying in part Defendants' motion to dismiss Plaintiff's original complaint, and granting Plaintiff leave to file a First Amended ... Harold HOLMES, an individual, on his own behalf and on behalf of all others similarly situated, Plaintiff, v. COLLECTION BUREAU OF AMERICA, LTD., a California corporation, and Bay Area Credit Service, LLC, a California limited liability company, an, N.D.Cal., November 9, 2009 Ethan Mark Preston, Chicago, IL, David Christopher Parisi, Suzanne L. Havens Beckman, Parisi & Havens, LLP, Sherman Oaks, CA, for Plaintiff. Albert Finch, Ericksen, Arbuthnot, Cynthia Marie Soliman, Ericksen, Arbuthnot, Kilduff, Day & Lind, San Francisco, CA, David J. Kaminski, Carlson & Messer, LLP, Los Angeles, CA, for Defendant. ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION AND VACATING HEARING WILLIAM ALSUP, District Judge. INTRODUCTION In this proposed class action regarding debt c... James HAMMOND, Petitioner, v. M. SMELOSKY, Warden, Respondent. , S.D.Cal., November 9, 2009 James Hammond, Imperial, CA, pro se. Attorney General, State of California Office of the Attorney General, Lynne G. McGinnis, Attorney General, San Diego, CA, for Respondent. ORDER ADOPTING REPORT AND RECOMMENDATIONS DENYING FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS JEFFREY T. MILLER, District Judge. On August 28, 2009, Magistrate Judge Nita L. Stormes entered a Report and Recommendation. (Doc. No. 24). The Report and Recommendation, expressly incorporated herein, thoroughly and t... Anthony Wayne JOHNSON, Jr., Plaintiff, v. M. GAINS, et al., Defendants. , S.D.Cal., November 9, 2009 Anthony Wayne Johnson, Jr., Soledad, CA, pro se. Attorney General, State of California Office of the Attorney General, San Diego, CA, for Defendants. ORDER: (1) DENYING MOTION TO APPOINT COUNSEL PURSUANT TO 28 U.S.C. § 1915(e)(1) [Doc. No. 13]; and (2) DISMISSING SECOND AMENDED COMPLAINT WITHOUT PREJUDICE FOR FAILING TO STATE A CLAIM PURSUANT TO 28 U.S.C. §§ 1915(e)(2)(b) & 1915A(b) [Doc. No. 14] LARRY ALAN BURNS, District Judge. I. PROCEDURAL HISTORY On June 8, 2009, Anthony Wayne Johns... DR SYSTEMS, INC., a California Corporation, Plaintiff / Counterclaim-Defendant, v. EASTMAN KODAK COMPANY, a New Jersey Corporation, Defendant / Counterclaim- Plaintiff. , S.D.Cal., November 9, 2009 Allison H. Goddard, John Christopher Jaczko, Jaczko Goddard, San Diego, CA, Joseph A. Culig, Dina M. Hayes, Frederick C. Laney, Matthew G. McAndrews, Raymond P. Niro, Sr., Niro, Scavone, Haller & Niro, Ltd., Chicago, IL, for Plaintiff / Counterclaim-Defendant. Mark E. Ashton, Sailesh K. Patel, Schiff Hardin LLP, Chicago, IL, Stephen Maxwell Hankins, Schiff Hardin LLP, San Francisco, CA, for Defendant / Counterclaim-Plaintiff. ORDER (1) DENYING SUMMARY JUDGMENT MOTIONS; (2) GRANTING PARTIAL... Kevin M. THOMPSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant. , C.D.Cal., November 9, 2009 William M. Kuntz, Riverside, CA, for Plaintiff. U.S. Attorney's Office Assistant U.S. Attorney LA, AUSA-Office of U.S. Attorney, Los Angeles, CA, John C. Cusker, SUSA-Office of U.S. Attorney, U.S. Dept. of Justice, San Francisco, CA, for Plaintiff. MEMORANDUM OPINION AND ORDER PAUL L. ABRAMS, United States Magistrate Judge. I. PROCEEDINGS Plaintiff filed this action on March 4, 2009, seeking review of the Commissioner's denial of his applications for Disability Insurance Benefits and Supp... Janice WINEKE, Plaintiff, v. HOMEQ SERVICING, unknown business entity; Old Republic Default Management Services, an unknown business entity; and Does 1-50, inclusive, Defendants. , S.D.Cal., November 9, 2009 ORDER: (1) GRANTING PLAINTIFF'S MOTION TO REMAND; and (2) DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS. IRMA E. GONZALEZ, Chief Judge. This case arises from Plaintiff's attempts in 2008 to obtain a loan modification on her property. After her attempts were unsuccessful, Plaintiff sued Defendants in the Superior Court for the County of San Diego, and Defendant Barclays Capital Real Estate Inc. d/b/a/ HomEq Servicing ("HomEq") removed the case to this Court. [Doc. No. 1]. Currently bef... Chris R. HUTTON, Plaintiff, v. LAW OFFICES OF COLLINS & LAMORE, Defendant. , S.D.Cal., November 9, 2009 Amir Vafaei, Joshua Swigart, Hyde & Swigart, San Diego, CA, for Plaintiff. Valerie Garcia Hong, Pettit Kohn Ingrassia & Lutz PC, San Diego, CA, for Defendant. ORDER ON DEFENDANT'S MOTION TO DISMISS LARRY ALAN BURNS, District Judge. Chris Hutton alleges that the Law Offices of Collins & Lamore attempted to collect a debt in a manner that violated the Fair Debt Collection Practices Act ("FDCPA") and the Rosenthal Fair Debt Collection Practices Act. Specifically, Hutton claims that a dunnin... Ronaldo Medrano AYALA, Petitioner, v. Robert L. AYERS, Jr., Warden of California State Prison at San Quentin, Respondent. , S.D.Cal., November 9, 2009 Reynaldo Medrano Ayala, San Quentin, CA, pro se. D. Jay Ritt, Bensinger Ritt Tai & Thvedt, Michael R. Belter, Law Office of Michael R. Belter, Pasadena, CA, Michael G. Millman, California Appellate Project, San Francisco, CA, for Petitioner. Steven Oetting, California Attorney General, San Diego, CA, for Respondent. ORDER GRANTING IN PART AND DENYING IN PART MOTION TO COMPEL COMPLIANCE WITH SUBPOENA DUCES TECUM BARRY TED MOSKOWITZ, District Judge. Respondent has filed a motion to comp... Jose Francisco OCHOA, Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , C.D.Cal., November 6, 2009 Bill Latour, Bill Latour Law Offices, Loma Linda, CA, for Plaintiff. Assistant US Attorney LA-CV, AUSA-Office of US Attorney, Los Angeles, CA, Assistant US Attorney LA-SSA, Office of the General Counsel for Social Security Adm., Carolyn Chen, SAUSA-US Attorney's Office, US Department of Justice, San Francisco, CA, for Defendant. DECISION AND ORDER CARLA M. WOEHRLE, United States Magistrate Judge. The parties have consented, under 28 U.S.C. § 636(c), to the jurisdiction of the undersi... B & H MANUFACTURING CO., INC., A California corporation doing business as "B & H Labeling Systems," Plaintiff, v. SIDEL S.A.S., a French corporation, Sidel S.p.A. An Italian corporation, Sidel Canada, Inc., a Canadian corporation, and Sidel, Inc., , E.D.Cal., November 6, 2009 ORDER MORRISON C. ENGLAND, JR., District Judge. On or about October 14, 2009, Defendants and Counterclaim Plaintiffs Sidel Participations, Sidel S.p.A, Sidel Canada, Inc. and Sidel, Inc. (hereinafter collectively referred to as "Sidel" unless otherwise noted) lodged for filing under seal their Motion for Summary Judgment, which requests that the Court rule in their favor on this patent infringement lawsuit as a matter of law. On October 16, 2009, the Sidel Defendants filed an ex parte applica... Francisco J. GIL, Petitioner, v. James A. YATES, Respondent. , C.D.Cal., November 6, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION OTIS D. WRIGHT, II, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's final report and recommendation filed herein and petitioner's objections. The Court agrees with the recommendations of the magistrate judge. ACCORDINGLY, IT IS ORDERED: 1. The final report and recommendation is adopted. 2. Respondent's Motion to Dismiss is granted. 3. Judg... FRONTLINE MEDICAL ASSOCIATES, INC. v. COVENTRY HEALTH CARE et al. , C.D.Cal., November 6, 2009 Drew E. Pomerance, Erin Michelle Labrache, Roxborough Pomerance Nye and Adreani LLP, Woodland Hills, CA, for Frontline Medical Associates, Inc. Damian D. Capozzola, Daniel P. Jett, Epstein Becker and Green PC, Los Angeles, CA, for Coventry Health Care et al. Proceedings: (In Chambers) RE DEFENDANTS' MOTION COMPEL AND SANCTIONS OR, IN THE ALTERNATIVE, MOTION TO PRECLUDE EVIDENCE AND SANCTIONS OR, IN THE ALTERNATIVE, MOTION FOR TERMINATING SANCTIONS ALICIA G. ROSENBERG, United States Magistra... Catherine T. LENEAR, Plaintiff, v. AMERICAN BROKERS CONDUIT; Saxon Mortgage Services, Inc.; EMC Mortgage Corporation; Accumax Investment Co.; all persons currently unknown claiming any legal or equitable interest in Trust Property; Does One through, E.D.Cal., November 6, 2009 MEMORANDUM AND ORDER MORRISON C. ENGLAND, JR., District Judge. Presently before the Court are Motions by Defendants EMC Mortgage Corp. and Saxon Mortgage Services, Inc. to dismiss Plaintiff's complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). [FN1] For the reasons set forth below, Defendants' motions are GRANTED. FN1. Because oral argument will not be of material assistance, the Court orders this matter submitted on th... Melissa DORAN, Petitioner, v. Gloria HENRY, Warden, et al., Respondents. , C.D.Cal., November 6, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court... Robert GERTH and Judith Gerth, Plaintiffs, v. AMERICAN MORTGAGE EXPRESS FINANCIAL, et al., Defendants. , S.D.Cal., November 6, 2009 ORDER DENYING SECOND MOTION FOR TEMPORARY RESTRAINING ORDER M. JAMES LORENZ, District Judge. On November 4, 2009 Plaintiffs filed a complaint alleging they entered into two loan transactions secured by their residence. They assert RESPA violations, violations of California Civil Code Section 2943, rescission of the loan made by Bank of America, N.A. ("Bank of America"), quiet title under California law, declaratory relief, [FN1] and violation of California Business and Professions Code § 1720... Patricia BROWN, individual, Plaintiff, v. PITNEY BOWES, INC., a business entity, and Does 1 through 25, inclusive, Defendants. , S.D.Cal., November 6, 2009 Joshua D. Gruenberg, Law Office of Joshua D. Gruenberg, San Diego, CA, for Plaintiff. Heather M. Peck, Littler Mendelson PC, Irvine, CA, Michael Joseph Rozak, Littler Mendelson, APC, San Diego, CA, for Defendants. ORDER GRANTING PLANTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (Doc. No. 13.) THOMAS J. WHELAN, District Judge. Pending before the Court is Plaintiff Patricia Jones's motion for leave to file her First Amended Complaint ("FAC"). Defendant Pitney Bowes, Inc., oppose... Damon K. LYMAN and Claudia M. Lyman, Plaintiffs, v. LOAN CORRESPONDENTS, INC., dba Capital Funding Group, GMAC Mortgage Corp., Executive Trustee Services, Inc., IMPAC Funding Corp., Defendants. , C.D.Cal., November 6, 2009 Gregory G. Petersen, The Petersen Law Firm, Costa Mesa, CA, Robert Nicholas Phan, Garcia & Phan, Huntington Beach, CA, for Plaintiffs. Stephen E. Abraham, Steven A. Fink, Fink and Abraham, Newport Beach, CA, Jason E. Goldstein, Michael Yaghi, Buchalter Nemer Fields and Younger, Irvine, CA, Denise H. Field, Buchalter Nemer, San Francisco, CA, for Defendants. ORDER DISMISSING PLAINTIFFS' CLAIMS WITH PREJUDICE CORMAC J. CARNEY, District Judge. INTRODUCTION AND BACKGROUND This dispute concer... John Arthur RAMIREZ, Petitioner, v. FBI Agent Fernando MATA, et al., Respondents. , C.D.Cal., November 6, 2009 John Arthur Ramirez, Los Angeles, CA, pro se. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE GEORGE H. WU, District Judge. Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Final Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, conclusions and recommendations of the Magistrate Judge. IT IS HEREBY ORDERED that judgment be entered dismissing this action without preju... John STORM, an individual; Suzanne Storm, an individual, Plaintiff, v. AMERICA'S SERVICING COMPANY and Does 1-10, Defendant. , S.D.Cal., November 6, 2009 Steven W. Haskins, Haskins and Associates, Bonita, CA, for Plaintiff. Edward D. Vogel, Mark G. Rackers, Sheppard Mullin Richter and Hampton, San Diego, CA, for Defendant. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT IRMA E. GONZALEZ, Chief Judge. Presently before the Court is Defendant America's Servicing Company's ("Defendant") motion to dismiss Plaintiffs' first amended complaint (Doc. No. 13) and Defendant's request for ... NANSYVONG SOMSANITH, Plaintiff, v. BANK OF AMERICA, N.A., Mortgage Electronic Registration Systems, Inc., and Does 1 through 50, inclusive, Defendants. , E.D.Cal., November 6, 2009 MEMORANDUM AND ORDER RE: MOTION TO DISMISS WILLIAM B. SHUBB, District Judge. Plaintiff Nansyvong Somsanith filed this action against Bank of America, N.A ("Bank of America") and Mortgage Electronic Registration Systems, Inc. ("MERS") alleging various state claims relating to loans s/he [FN1] obtained to refinance her home in Davis, California. Having removed this action to federal court, Bank of America now moves to dismiss plaintiff's First Amended Complaint ("FAC") pursuant to Federal Rule... Rodolfo B. BAISA and Bella G. Baisa, Plaintiffs, v. INDYMAC FEDERAL BANK; Mortgage Electronic Registration Systems, Inc.; Trustee Corps; Baldwin Mortgage, Inc.; Orhan Tolu; Myrna D. Baesa and Does 1-20 inclusive, Defendants. , E.D.Cal., November 6, 2009 MEMORANDUM AND ORDER RE: MOTION TO DISMISS WILLIAM B. SHUBB, District Judge. Plaintiffs Rodolfo B. and Bella G Baisa ("the Baisas") filed this action against Indymac Federal Bank ("Indymac"), [FN1] Mortgage Electronic Registration Systems, Inc. ("MERS"), Trustee Corps, Baldwin Mortgage, Inc., C21 Funding, Inc., [FN2] Orhan Tolu, and Myrna D. Baesa alleging various state and federal claims relating to loans they obtained to refinance their home in Fair Oaks, California. MERS moves to dismiss p... UNITED STATES of America, the State of California, and Stephen Lee Brodale, an individual, Plaintiff, v. APOLLO GROUP, INC., a California Corporation, d/b/a/ University of Phoenix; and Kim Savich, Kyan Flynn, Jennifer Brodie, and Matt Johnston, as , S.D.Cal., November 6, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS THE FOURTH AND FIFTH CAUSES OF ACTION OF COMPLAINT JEFFREY T. MILLER, District Judge. On August 1, 2008, qui tam relator, Plaintiff Stephen Brodale, filed this complaint on behalf of the United States and the State of California against Defendant Apollo Group, Inc, its subsidiary University of Phoenix, and individual employees, Kim Savich, Kyan Flynn, Jennifer Brodie, and Matt Johnston. Brodale alleges six causes of action, four of which have been ... Ofelia RODRIGUEZ, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants. , S.D.Cal., November 6, 2009 ORDER OVERRULING PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE'S MAY 15, 2009 DISCOVERY ORDER THOMAS J. WHELAN, District Judge. Pending before the Court are Plaintiffs' objections to Magistrate Judge Jan M. Adler's May 15, 2009 discovery order. Judge Adler denied Plaintiffs' requests to (1) re-open the deposition of Chief Patrol Agent Michael Fisher; and (2) compel production of members of the Disciplinary Review Board ("DRB") for deposition or, in the alternative, compel the production of all d... Jose Manuel PEREZ, Plaintiff, v. D.K. SISTO, et al., Defendants. , E.D.Cal., November 6, 2009 ORDER MORRISON C. ENGLAND, JR., District Judge. Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On August 25, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings a... Dwayne B. BURNS, Plaintiff, v. Michael MUKASEY, et al., Defendants. , E.D.Cal., November 6, 2009 FINDINGS AND RECOMMENDATIONS CRAIG M. KELLISON, United States Magistrate Judge. This is a civil pro se action against Michael Mukasey, Michael Sullivan, Robert S. Mueller ("Federal Defendants"), Edmund G. Brown ("State Defendant"), City of Redding, Peter Hansen, Kevin Kimple, William Forrest, Will Williams, Rebecca Zufall, and Tom Bosenko ("Local Defendants"). [FN1] Currently pending before the court are separate motions to dismiss filed by the State Defendant (Doc. 13) and the Local Defendan... Lawrence A. MARTIN, Plaintiff, v. James A. YATES, et al., Defendants. , E.D.Cal., November 6, 2009 ORDER CINDY K. JORGENSON, District Judge. Plaintiff Lawrence A. Martin, who is confined in the Pleasant Valley State Prison (PVSP) in Coalinga, California, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. [FN1] (Doc. # 1.) Plaintiff subsequently filed a "Supplemental Pleading" without seeking leave of Court. (Doc. # 11.) Because a plaintiff cannot supplement a complaint absent leave of court, Plaintiff's Supplemental Pleading, doc. # 11, will be ordered stricken. Fed.R.... Bryan E. RANSOM, Plaintiff, v. Jr. WESTPHAL, R. Mounce, K. Holland, E. Hough, and D. Thissen, Defendants. , E.D.Cal., November 6, 2009 ORDER DENYING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TOFed.R.Civ.P.12(b)(6) DANA M. SABRAW, District Judge. I. PROCEDURAL BACKGROUND Plaintiff, proceeding pro se and in forma pauperis pursuant to 28 U.S.C. § 1915(a), is a state inmate currently incarcerated at California State Prison in Corcoran, California. He filed a civil rights Complaint on September 8, 2008, pursuant to 42 U.S.C. § 1983 [Doc. No. 1]. On January 29, 2009, the Court issued a sua sponte order dismis... George REED, III, Plaintiff, v. Captain WILLIAMS, et al., Defendants. , E.D.Cal., November 6, 2009 ORDER MARY H. MURGUIA, District Judge. Plaintiff George Reed, III, who is now confined in the Kern Valley State Prison [FN1] in Delano, California, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. [FN2] (Doc.# 1.) The Court dismissed the Complaint for failure to comply with Rules 8 and 10 of the Federal Rules of Civil Procedure with leave to amend. (Doc.# 11.) Plaintiff has filed a First Amended Complaint with a Declaration. (Doc.# 12.) The Court will order Defendant Herre... VERTOS MEDICAL, INC., Plaintiff, v. GLOBUS MEDICAL, INC., Defendant. , N.D.Cal., November 6, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION PHYLLIS J. HAMILTON, District Judge. Plaintiff's motion for preliminary injunction came on for hearing before this court on October 28, 2009. Plaintiff appeared by its counsel Jan P. Weir and Douglas Hahn, and defendant appeared by its counsel James E. Doroshow and Brian Hafter. Having read the parties' papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS... Brian PHILLIPS, Plaintiff, v. WELLS FARGO BANK, N.A., as trustee for the registered holders of structured asset securities corporation mortgage pass-through certificates, series 2007- OSI; Ocwen Loan Servicing LLC, Defendants. , S.D.Cal., November 6, 2009 ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE MARILYN L. HUFF, District Judge. Plaintiff filed his First Amended Complaint ("FAC") in this action on September 17, 2009. (Doc. No. 21.) On October 1, 2009, Defendants filed a motion to dismiss Plaintiff's Amended Complaint for failure to state a claim. (Doc. No. 23.) Under Local Civil Rule 7.1(e)(2), Plaintiff's opposition to the motion to dismiss was due on October 26, 2009. Plaintiff failed to file a timely opposition, or to ask for an exten... In re CALIFORNIA TITLE INSURANCE ANTITRUST LITIGATION. This Document Relates To: All Actions. , N.D.Cal., November 6, 2009 ORDER ON MOTIONS TO DISMISS SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT JEFFREY S. WHITE, District Judge. INTRODUCTION Now before the Court for consideration are the Joint Motion to Dismiss Plaintiffs' Consolidated Second Amended Class Action Complaint (the "Joint Motion") and the Motion to Dismiss Consolidated Second Amended Class Action Complaint filed by Old Republic International Corporation ("ORI"). The Joint Motion is filed on behalf of the following groups of defendants: (1... Duane Allen HOFFMAN, Plaintiff, v. Michael HENNESSEY, Sheriff; et al., Defendants. , N.D.Cal., November 6, 2009 ORDER OF SERVICE MARILYN HALL PATEL, District Judge. INTRODUCTION Duane Allen Hoffman, an inmate at the San Francisco County Jail, filed this pro se civil rights action under 42 U.S.C. § 1983. The court dismissed the complaint with leave to amend. Hoffman then filed a second amended complaint, which is now before the court for review pursuant to 28 U.S.C. § 1915A. BACKGROUND Hoffman alleges that he has been at the San Francisco County Jail since May 12, 2008, and has numerous physical ailmen... PERINATAL MEDICAL GROUP, INC., Krishnakumar Rajani, M.D., and Stephen Elliot, M.D., Plaintiffs, v. CHILDREN'S HOSPITAL CENTRAL CALIFORNIA, Defendant. , E.D.Cal., November 6, 2009 ORDER ON DEFENDANT'S MOTIONS TO DISMISS (Doc. 8) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendant Children's Hospital of Central California ("Hospital") moves to dismiss two antitrust claims asserted by plaintiffs Perinatal Medical Group, Inc., ("Perinatal Medical"), Krishnakumar Rajani, M.D. ("Dr.Rajani"), and Stephen Elliot, M.D. ("Dr.Elliot") (collectively "Plaintiffs"), pursuant to Fed.R.Civ.P. 12(b)(6). Hospital contends that Plaintiffs' 15 U.S.C. § 1 ("Section 1") claim mu... Ronald Dean GLOVER, Petitioner, v. Ivan CLAY, Warden, Respondent. , E.D.Cal., November 6, 2009 ORDER DENYING 28 U.S.C. § 2254 PETITION FOR WRIT OF HABEAS CORPUS BARRY TED MOSKOWITZ, District Judge. Petitioner Ronald Dean Glover ("Glover"), a state prisoner proceeding pro se and in forma pauperis, seeks a 28 U.S.C. § 2254 writ of habeas corpus. He alleges violations of his due process rights associated with the Board of Parole Hearings' ("BPH") denials of parole at his initial suitability hearing in March 2004 and at his subsequent suitability hearing in May 2006. [FN1] Respondent file... Thomas HIGHTOWER, Plaintiff, v. Arnold SCHWARZENEGGER, et. al., Defendants. , E.D.Cal., November 6, 2009 ORDER DENYING PLAINTIFF'S REQUEST FOR PERMISSION TO APPEAL OLIVER W. WANGER, District Judge. I. Procedural Background Plaintiff, Thomas Hightower ("Plaintiff"), a state prisoner, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On April 27, 2009, Defendant Figueroa filed an unenumerated motion to dismiss for failure to exhaust administrative remedies under Rule 12(b) of the Federal Rules of Civil Procedure ("Rule 12(b)"). (Doc. 97.) On July 10, 2009, the Magist... Kristine Rose SANTOS, Plaintiff, v. COUNTRYWIDE HOME LOANS, Resurgent Corp Service, Recontrust Company, N.A., and Does 1-100, inclusive, Defendants. , E.D.Cal., November 6, 2009 MEMORANDUM AND ORDER RE: MOTION TO DISMISS WILLIAM B. SHUBB, District Judge. Plaintiff Kristine Rose Santos filed this action against defendants Countrywide Home Loans ("CHL"), Resurgent Corp Service ("Resurgent"), and ReconTrust Company, N.A. ("ReconTrust") alleging various state and federal claims relating to loans she obtained to refinance her home in Stockton, California. CHL and ReconTrust move to dismiss plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for fail... CONCEPTUS, INC., Plaintiff, v. HOLOGIC, INC., Defendant. , N.D.Cal., November 6, 2009 Edward Robert Reines, Nicholas Brown, Paul Tsutomu Ehrlich, Weil Gotshal & Manges LLP, Redwood Shores, CA, for Plaintiff. Jennifer Anne Sklenar, Howrey, LLP, Los Angeles, CA, Katharine Lyn Altemus, Howrey LLP, East Palo Alto, CA, Matthew M. Wolf, Howrey LLP, Washington, DC, for Defendant. ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION WILLIAM ALSUP, District Judge. INTRODUCTION In this patent-infringement action, the patent owner moves for a preliminary injunction. For the reasons stated... William HENSHALL, Plaintiff, v. CENTRAL PARKING, INC., et al., Defendants. , N.D.Cal., November 6, 2009 William Henshall, San Francisco, CA, pro se. William Hays Weissman, Littler Mendelson, P.C., Walnut Creek, CA, Arthur M. Eidelhoch, Littler Mendelson a Professional Corporation, Danielle Lauren Pener, Lara Villarreal Hutner, Villarreal Hutner PC, San Francisco, CA, for Defendants. ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS SUSAN ILLSTON, District Judge. Defendants Central Parking, Inc., New South Parking, and Ampco System Parking, Inc. move to dismiss plaintiff's complaint for failure... In re ACTIMMUNE MARKETING LITIGATION. , N.D.Cal., November 6, 2009 MEMORANDUM & ORDER Re: Motion to Dismiss Second Amended Complaint MARILYN HALL PATEL, District Judge. In this proposed nationwide class action, consumer plaintiffs Deborah Jane Jarrett ("Jarrett"), Nancy Isenhower ("Isenhower"), Jeffery Frankel ("Frankel"), Linda Rybkoski ("Rybkoski") and Joan Stevens ("Stevens"), along with third-party payor ("TPP") plaintiff Government Employees Health Association, Inc. ("GEHA") (collectively "plaintiffs"), allege that defendants InterMune, Inc. ("InterMune... Kurt F. JOHNSON, Petitioner, v. UNITED STATES of America, Respondent. , N.D.Cal., November 6, 2009 Kurt F. Johnson, Safford, AZ, pro se. Brigid Martin, US Dept. of Justice, Antitrust Division, San Francisco, CA, for Respondent. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS JEFFREY S. WHITE, District Judge. Now before the Court is the pro se petition for a writ of habeas corpus filed by Petitioner Kurt F. Johnson ("Johnson"). The Court has considered the parties' papers, relevant legal authority, and the record in this case. For reasons set forth in the remainder of this Order, the ... Andres Arthur LOPEZ, Petitioner, v. Domingo URIBE, Jr., Warden, Respondent. , C.D.Cal., November 6, 2009 Andres Arthur Lopez, Imperial, CA, pro se. Kevin R. Vienna, CAAG Office of Attorney General of California, San Diego, CA, for Respondent. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Re... BIG BABOON, INC., a Delaware corporation, Plaintiff, v. DELL INC., a Delaware corporation, et al., Defendant. , C.D.Cal., November 6, 2009 MEMORANDUM AND ORDER RE: PARTIES' PROPOSED STIPULATION AND PROTECTIVE ORDER SUZANNE H. SEGAL, United States Magistrate Judge. The Court has received and considered the parties' proposed Stipulated Protective Order ("Protective Order"). The Court is unable to adopt the Protective Order as stipulated to by the parties for the following reasons: First, a protective order must be narrowly tailored and cannot be overbroad. Therefore, the documents, information, items or materials that are subje... Donald Eugene RADONICH, Petitioner, v. D.K. SISTO, Warden, Respondent. , N.D.Cal., November 6, 2009 ORDER GRANTING MOTION TO DISMISS JEFFREY S. WHITE, District Judge. Petitioner, a prisoner of the State of California, currently incarcerated at California State Prison-Solano in Solano, California, has filed a habeas corpus petition pursuant to 28 U.S.C. § 2254. Respondent filed a motion to dismiss the petition as untimely on May 5, 2009. Petitioner has filed an opposition to the motion and Respondent has filed a reply. This order grants the motion to dismiss the petition as untimely. BACKG... Anthony M. ROBINSON, Plaintiff, v. ARGENT MORTGAGE COMPANY, LLC, et al., Defendants. , N.D.Cal., November 6, 2009 ORDER DENYING PLAINTIFF'S MOTIONS FOR RECONSIDERATION AND FOR LEAVE TO AMEND; STRIKING THIRD AMENDED COMPLAINT; VACATING DECEMBER 18, 2009 HEARING; AFFORDING PLAINTIFF LEAVE TO FILE FOURTH AMENDED COMPLAINT MAXINE M. CHESNEY, District Judge. Before the Court is plaintiff Anthony M. Robinson's "Motion for Reconsideration Under FRCP 59 & A Right to File Amendments in My 3rd Amended Complaint," filed October 27, 2009 and noticed for hearing December 18, 2009, by which plaintiff seeks reconsidera... Fred PRICE, Plaintiff, v. G.A. NEOTTI, Chief Deputy Warden, et al., Defendants. , N.D.Cal., November 6, 2009 ORDER OF DISMISSAL MAXINE M. CHESNEY, District Judge. On June 24, 2009, plaintiff, a California prisoner incarcerated at Salinas Valley State Prison ("SVSP") and proceeding pro se, filed the above- titled civil rights action under 42 U.S.C. § 1983. By separate order filed concurrently herewith, plaintiff has been granted leave to proceed in forma pauperis. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from... Carolyn POLK-BOSTER, Plaintiff, v. AMERICAN HOME MORTGAGE SERVICING, INC., et al., Defendants. , N.D.Cal., November 6, 2009 ORDER GRANTING MOTION TO DISMISS PHYLLIS J. HAMILTON, District Judge. The motion of defendant American Home Mortgage Servicing, Inc. ("AHMSI") for an order dismissing the first amended complaint for failure to state a claim came on for hearing before this court on November 4, 2009. Plaintiff Carolyn Polk-Boster did not appear. AHMSI appeared by its counsel Nina Huerta. Having read the parties' papers and carefully considered their arguments and the relevant legal authority, and good cause app... John L. BRUMFIELD, Petitioner, v. Matthew CATE, warden, Respondent. , N.D.Cal., November 6, 2009 ORDER MARILYN HALL PATEL, District Judge. INTRODUCTION John L. Brumfield, an inmate at the Gabilan Conservation Camp in Soledad, filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition is now before the court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. BACKGROUND Brumfield states in his petition that he was convicted in the Santa Clara County Superior Court of second degree robbery and false impriso... Cynthia SCHNEIDER et al., Plaintiffs, v. State of CALIFORNIA et al., Defendants. , N.D.Cal., November 6, 2009 ORDER GRANTING PLAINTIFFS' MOTION TO REMAND CLAUDIA WILKEN, District Judge. Plaintiffs move to remand this removed action to state court on the basis that the Court lacks subject matter jurisdiction. Defendants oppose the motion. [FN1] Having considered all of the papers filed by the parties, the Court GRANTS Plaintiffs' motion. FN1. Plaintiffs did not file a reply. BACKGROUND Plaintiffs are employees at San Quentin State Prison. In September, 2008, Plaintiffs filed a su... William HENSHALL, Plaintiff, v. CENTRAL PARKING, INC., et al., Defendants. , N.D.Cal., November 6, 2009 ORDER TO SHOW CAUSE SUSAN ILLSTON, District Judge. Defendants Central Parking, Inc., New South Parking, and Ampco System Parking, Inc. move to declare plaintiff a vexatious litigant and impose a pre- filing order requiring him to obtain leave of Court before filing any additional pleadings against the same defendants based on the same subject matter. Defendant Ampco previously moved for a vexatious litigant order in a prior suit by plaintiff, Henshall v. Ampco Parking, Inc., No. 08-4723. The ... Amil FRLUCKAJ, Petitioner, v. L. SMALL, Warden, Respondent. , C.D.Cal., November 6, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MARGARET M. MORROW, District Judge. Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation. IT IS ORDERED that Judgment be entered denying and dismissing the Petition with prejudice. IT IS FURTHER... RIVERPORT INSURANCE COMPANY, a Minnesota corporation, Plaintiff, v. OAKLAND COMMUNITY HOUSING, INC., a California corporation; Cahon Associates, a California limited partnership; The John Stewart Company, a California corporation; Charles Fowlkes, , N.D.Cal., November 6, 2009 VAUGHN R. WALKER, Chief Judge. This action arose in August 2008, when plaintiff Riverport Insurance Company ("Riverport") sought declaratory relief that it was not obligated to defend or indemnify The John Stewart Company ("JS Co") and Loren Sanborn ("Sanborn") (collectively "defendants") in an action pending in Alameda County superior court, Scroggins et al v. Oakland Community Housing, Inc ("Scroggins "). Doc # 1. Riverport filed a first amended complaint (FAC) on June 15, 2009. Doc # 132. ... Josefina QUEZADA, individually and on behalf of all other similarly situated, Plaintiff, v. LOAN CENTER OF CALIFORNIA, INC., EMC Mortgage Corporation, Structured Asset Mortgage Investments II, Inc., Bank of New York Mellon Corporation, and Does 1 t, E.D.Cal., November 6, 2009 MEMORANDUM AND ORDER RE: MOTION FOR DENIAL OR CONTINUANCE OF DEFENDANTS' SUMMARY JUDGMENT MOTION WILLIAM B. SHUBB, District Judge. Plaintiff Josefina Quezada brings this putative class action against defendants Loan Center of California, Inc. ("Loan Center"), EMC Mortgage Corporation ("EMC"), Structured Asset Mortgage Investments II, Inc. ("SAMI"), and the Bank of New York Mellon Corporation ("BNYM") for violations of the Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601-1667f; violations of C... German ZAMORA, Petitioner, v. James D HARTLEY, Respondent. , E.D.Cal., November 5, 2009 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS VAUGHN R. WALKER, Chief Judge. Petitioner German Zamora, an incarcerated state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus under 28 USC § 2254 challenging a 2006 decision by the Board of Parole Hearings ("the Board") to deny him parole. Doc # 1. Respondent James D Hartley opposes the issuance of the writ. Doc # 20. For the reasons stated herein, the petition for habeas corpus is DENIED. I A Petitio... Shawn Lionel LEWIS, Petitioner, v. The PEOPLE OF CALIFORNIA, Respondent. , C.D.Cal., November 5, 2009 Shawn Lionel Lewis, San Diego, CA, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE GEORGE H. WU, District Judge. Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the Petition for Writ of Habeas Corpus and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation ("R & R"). The R & R is adopted except as to page 2, line 19 citati... Charles HARRIS, Plaintiff, v. Sergeant ORRICK, Defendant. , E.D.Cal., November 5, 2009 ORDER AND FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. On August 17, 2009, defendant Orrick moved to dismiss this action, arguing that plaintiff's complaint fails to state a cognizable claim for relief. Plaintiff has filed an opposition and defendant has filed a reply. BACKGROUND Plaintiff is proceeding on his original complaint against defe... Glynn M. CRAWFORD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 5, 2009 MEMORANDUM OPINION; ORDER OSWALD PARADA, United States Magistrate Judge. The Court [FN1] now rules as follows with respect to the disputed issues listed in the Joint Stipulation ("JS"). [FN2] FN1. Pursuant to 28 U.S.C. § 636(c), the parties consented to proceed before the United States Magistrate Judge in the current action. (See Dkt. Nos. 8, 9.) FN2. As the Court advised the parties in its Case Management Order, the decision in this case is being made on the basis of the pleadin... INTERNATIONAL FLAVORS & FRAGRANCES, INC., Plaintiff, v. VAN EEGHEN INTERNATIONAL B.V. and Defrancesco & Sons, Inc., Defendants. Defrancesco & Sons, Inc., Cross-Complainant, v. Van Eeghen International B.V., Cross-Defendant. , E.D.Cal., November 5, 2009 ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT/ADJUDICATION JOHN A. MENDEZ, District Judge. This matter comes before the Court on Defendants Van Eeghen International B.V.'s ("Van Eeghen") motion for reconsideration of the Court's May 21, 2007 Order denying Van Eeghen's motion to dismiss due to lack of personal jurisdiction and based upon forum non conveniens; or in the alternative, for summary ... J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. Frankie Jo PHELAN, Individually and d/b/a Frankie's, Defendant. , E.D.Cal., November 5, 2009 Thomas Peter Riley, Jr.., Law Offices of Thomas P. Riley, P.C., South Pasadena, CA, for Plaintiff. Glen E. Gates, Gates Law Office, Fresno, CA, for Defendant. MEMORANDUM DECISION RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OLIVER W. WANGER, District Judge. I. INTRODUCTION Before the court are cross-motions for summary judgment or, in the alternative, summary adjudication brought by Plaintiff J & J Sports Productions, Inc. ("Plaintiff") and Defendant Frankie Jo Phela... James GONZALES, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 5, 2009 MEMORANDUM OF DECISION ANDREW J. WISTRICH, United States Magistrate Judge. Plaintiff filed this action seeking reversal of the decision of defendant, the Commissioner of the Social Security Administration (the "Commissioner"), denying plaintiff's application for supplemental security income ("SSI") benefits. The parties have filed a Joint Stipulation ("JS") setting forth their contentions with respect to each disputed issue. Administrative Proceedings Plaintiff, aged 25, filed an applicatio... CALIFORNIA PHARMACY MANAGEMENT, LLC v. ZENITH INSURANCE COMPANY; and ZNAT Insurance Company. , C.D.Cal., November 5, 2009 PROCEEDING (IN CHAMBERS): ORDER DENYING MOTION TO DISMISS The Honorable DAVID O. CARTER, District Judge. Kristee Hopkins, Courtroom Clerk. Before the Court is Defendants Zenith Insurance Company and ZNAT Insurance Company (collectively "Defendants" or "Zenith") Motion to Dismiss the Second Amended Complaint ("Motion"). The Court finds the matter appropriate for decision without oral argument. Fed R. Civ. P. 78; Local R. 7-15. After considering the moving, opposing, and replying papers,... Anthony THORNTON, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 5, 2009 MEMORANDUM OF DECISION ANDREW J. WISTRICH, United States Magistrate Judge. Plaintiff filed this action seeking reversal of the decision of the defendant, the Commissioner of the Social Security Administration (the "Commissioner"), denying plaintiff's application for supplemental security income ("SSI") benefits. The parties have filed a Joint Stipulation ("JS") setting forth their contentions with respect to each disputed issue. Background The parties are familiar with the procedural histor... CITY AND COUNTY OF SAN FRANCISCO, et al., Plaintiffs, v. UNITED STATES POSTAL SERVICE, et al., Defendants. , N.D.Cal., November 5, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS JEFFREY S. WHITE, District Judge. Now before the Court is the motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6) filed by defendants United States Postal Service ("USPS"), John Potter, Michael Daley, and Noemi Luna (collectively "Defendants"). Having considered the parties' pleadings and the relevant legal authority, the Court hereby grants in part and denies in part Defendants' motion to dis... Lawrence George HASH, Plaintiff, v. Matthew CATE, et al., Defendants. , N.D.Cal., November 5, 2009 ORDER OF PARTIAL DISMISSAL AND SERVICE MAXINE M. CHESNEY, District Judge. On August 4, 2008, plaintiff, a California prisoner proceeding pro se, filed the above-titled civil rights action under 42 U.S.C. § 1983. Thereafter, the Court granted plaintiff leave to proceed in forma pauperis and dismissed the complaint with leave to amend. Now pending before the Court is plaintiff's first amended complaint ("FAC"). DISCUSSION A. Standard of Review A federal court must conduct a preliminary screen... William F. WHALEN, Plaintiff, v. STANDARD INSURANCE CO. and Pacific Life Insurance Co. Long Term Disability, Defendants. , C.D.Cal., November 5, 2009 ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW DAVID O. CARTER, District Judge. The Court conducted a one day bench trial on August 18, 2009. Defendants and Plaintiff filed trial briefs and supporting exhibits and both parties filed supplemental briefing, including Revised Proposed Findings of Fact and Conclusions of Law, on August 25, 2009. At the Court's request, the parties also filed supplemental briefing regarding the standard of review on August 25, 2009, and the Court also entertained a... Ronnie MONTROSE, Plaintiff(s), v. Gary MOORE, Defendant(s). , N.D.Cal., November 5, 2009 Laurence Jeffrey Lichter, Attorney at Law, San Francisco, CA, for Plaintiff. William J. Goines, Greenberg Traurig, LLP, East Palo Alto, CA, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION BERNARD ZIMMERMAN, United States Magistrate Judge. Plaintiff Ronnie Montrose ("Montrose") filed this action against Gary Moore ("Moore") demanding the return of a 1959 Gibson Guitar that he claims was stolen approximately thirty seven years ago. [FN1] Montro... Maria Guadalupe BELK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Cal., November 5, 2009 Joel David Leidner, Leidner and Leidner, Los Angeles, CA, for Plaintiff. Elizabeth Mary Firer, Social Security Administration Office of the General Counsel, San Francisco, CA, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO DISMISS GARY S. AUSTIN, United States Magistrate Judge. Plaintiff Maria Guadalupe Belk ("Plaintiff") filed the instant action on January 9, 2009. On July 21, 2009, Defendant filed a Motion to Dismiss the Complaint pursuant to Federal Rules of Civil Procedure 1... Ronnie L. GREASHAM, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Cal., November 5, 2009 Lawrence David Rohlfing, Steven Gilbert Rosales, Law Offices of Lawrence D. Rohlfing, Santa Fe Springs, CA, for Plaintiff. Benjamin E. Hall, United States Attorney, Fresno, CA, Shea Lita Bond, Office of the General Counsel, San Francisco, CA, for Defendant. ORDER REGARDING PLAINTIFF'S SOCIAL SECURITY COMPLAINT GARY S. AUSTIN, United States Magistrate Judge. BACKGROUND Plaintiff Ronnie L. Greasham ("Plaintiff") seeks judicial review of a final decision of the Commissioner of Social Sec... Todd Carlton SMITH, Plaintiff, v. Steven LAFRINERE, Defendant. , E.D.Cal., November 5, 2009 Todd Carlton Smith, HCF, Hutchinson, KS, pro se. Steven Lafrinere, pro se. FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Plaintiff is a Florida state prisoner confined in a correctional facility in Hutchinson, Kansas. Plaintiff, proceeding pro se, has filed a petition for writ of execution and for registration of a judgment entered in the United States District Court for the District of Kansas. Plaintiff has filed a motion to proceed in forma pauperis pursua... Grace L. SANDOVAL, Plaintiff, v. Harry E. TEAR, Defendant. , S.D.Cal., November 5, 2009 Grace L. Sandoval, San Diego, CA, pro se. ORDER HAYES, District Judge. The matters before the Court are the Motion for Leave to Proceed in Forma Pauperis and the Motion to Appoint Counsel. (Doc. # 2, 3). BACKGROUND On November 3, 2009, Plaintiff Grace L. Sandoval, a nonprisoner proceeding pro se, initiated this action by filing the Complaint. (Doc. # 1). On November 3, 2009, Plaintiff also filed the Motion for Leave to Proceed In Forma Pauperis ("Motion to Proceed IFP"), and the Motion to... Jose AYALA et al., Plaintiffs, v. PACIFIC MARITIME ASSOCIATION, et al., Defendants. , N.D.Cal., November 5, 2009 Mark Francis Sullivan, George Pelham Galbraith-Albutt, Lamdien T. Le, Sullivan Taketa LLP, Westlake Village, CA, Dennis Lawrence Kennelly, Law Offices of Dennis L. Kennelly, Menlo Park, CA, for Plaintiffs. Phil A. Thomas, Eleanor I. Morton, Robert Steven Remar, Leonard Cardner, LLP, San Francisco, CA, John Jaewon Kim, Steven Rodriguez Holguin, Holguin & Garfield, LLP, Los Angeles, CA, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS ILWU A... Joyce ATKINSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 5, 2009 Bill Latour, Bill Latour Law Offices, Loma Linda, CA, for Plaintiff. Assistant US Attorney LA-CV, AUSA-Office of US Attorney, Los Angeles, CA, Assistant US Attorney LA-SSA, Office of the General Counsel for Social Security Adm., Mark A. Win, SAUSA-US Attorney's Office, San Francisco, CA, for Defendant. MEMORANDUM OF DECISION ANDREW J. WISTRICH, United States Magistrate Judge. Plaintiff filed this action seeking reversal of the decision of defendant, the Commissioner of the Social Securit... The GUARDIAN LIFE INSURANCE CO. of America, Plaintiff, v. John ANDRAOS, et al., Defendants. , C.D.Cal., November 5, 2009 ORDER GRANTING PLAINTIFF THE GUARDIAN LIFE INSURANCE CO. OF AMERICA'S MOTION FOR ACCOUNTING OF ATTORNEYS' FEES [Docket No. 384] S. JAMES OTERO, District Judge. This matter is before the Court on Plaintiff The Guardian Life Insurance Co. Of America's ("Guardian") Motion for Accounting of Attorneys' Fees, filed October 12, 2009. Defendant John Andraos filed an Opposition, to which Plaintiff replied. The Court found this matter suitable for disposition without oral argument and vacated the h... Keith E. HOPKINS, Petitioner, v. Susan L. HUBBARD, Warden, Respondent. , N.D.Cal., November 5, 2009 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS JEREMY FOGEL, District Judge. Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court found that the petition stated cognizable claims and ordered Respondent to show cause why the petition should not be granted. Respondent filed an answer addressing the merits of the petition, and Petitioner filed a traverse. Having reviewed the papers and the underlying record, the Court conclud... Patrick RICHARDSON, Plaintiff, v. H.L. BRYANT, et al., Defendants. , E.D.Cal., November 5, 2009 ORDER DENYING PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS (Doc. 133.) GARY S. AUSTIN, United States Magistrate Judge. I. RELEVANT PROCEDURAL HISTORY Plaintiff, Patrick Richardson ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the original complaint on November 1, 1999. (Doc. 1.) This action now proceeds on the Second Amended Complaint filed on July 3, 2007, against Defendant Captain D... STANISLAUS FARM SUPPLY, Plaintiff, v. Mark BRADY, Defendant. Mark Brady, Counter-Claimant v. Stanislaus Farm Supply, Counter-Defendant. , E.D.Cal., November 5, 2009 ORDER TO SHOW CAUSE RE: DISMISSAL OLIVER W. WANGER, District Judge. I. INTRODUCTION Plaintiff Stanislaus Farm Supply ("SFS") removed this case to federal court. On August 19, 2009, SFS filed a motion to dismiss a counterclaim asserted by Defendant Mark Brady ("Brady") and a motion to strike the "extra- contractual damages and punitive damages" Brady seeks in his Counter-Complaint. Because of an apparent jurisdictional defect, the merits of SFS's motion cannot be considered at this time.... Paul STAFFIERO, Petitioner, v. Ken CLARK, et al., Respondents. , E.D.Cal., November 5, 2009 FINDINGS AND RECOMMENDATION REGARDING RESPONDENT'S MOTION TO DISMISS GARY S. AUSTIN, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. BACKGROUND Petitioner is currently in the custody of the California Department of Corrections at the Corcoran Substance Abuse Treatment Facility serving a term of 7 years to life in state prison for his 1978 convictions of first degree murder and assaul... Raymond Mark LABES, Plaintiff, v. OCWEN LOAN SERVICING, LLC, Defendant. , E.D.Cal., November 5, 2009 ORDER ON F.R.Civ.P. 12 MOTION TO DISMISS (Doc. 8.) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendant Ocwen Loan Servicing, LLC ("Ocwen") seeks to dismiss as time barred pro se plaintiff Raymond Mark Labes ("Mr. Labes' ") purported claims under the Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601, et seq., and its implementing Regulation Z, 12 C.F.R. §§ 226, et seq. ("Reg.Z"). Ocwen further seeks to dismiss as legally barred Mr. Labes' purported unlawful foreclosure claim based on... Adonai EL-SHADDAI, Petitioner, v. T. FELKER, et al., Respondents. , E.D.Cal., November 5, 2009 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS FRED VAN SICKLE, Senior District Judge. THIS MATTER comes before the Court on Petitioner's Petition For Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Ct.Rec.1). Petitioner is proceeding pro se. Respondent is represented by Andrew Robert Woodrow, an Assistant Attorney General for the State of California. BACKGROUND At the time his petition was filed, Petitioner was in the custody of the California Department of Corrections and Reha... Wanda Joyce CHURCH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Cal., November 5, 2009 ORDER GREGORY G. HOLLOWS, United States Magistrate Judge. Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). For the reasons that follow, plaintiff's Motion for Summary Judgment is DENIED, the Commissioner's Cross Motion for Summary Judgment [FN1] is GRANTED, and the Clerk is directed to enter judgment for the Commission... Chris LAMB, Petitioner, v. James YATES, Warden, Respondent. , E.D.Cal., November 5, 2009 FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is represented by Eric S. Multhaup, Esq. RELEVANT HISTORY Following a jury trial in the California Superior Court for the County of Merced, Petitioner was convicted of five counts of forcible lewd or lascivious act upon a child under the age of ... Hope WITKOWSKY, et al. v. HOME DEPOT USA, INC. , C.D.Cal., November 5, 2009 Proceedings (In Chambers): Order Denying Plaintiffs' Motion to Remand [18] The Honorable OTIS D. WRIGHT II, District Judge. Raymond Neal Deputy Clerk I. INTRODUCTION Plaintiffs Hope and Michael Witkowsky bring this action, individually and on behalf of all persons similarly situated, against Home Depot USA, Inc. Plaintiffs allege they purchased flooring and installation services from Home Depot in March, 2006. (Fourth Amended Complaint "FAC" ¶ 5.) Plaintiffs claim they were overcharged bec... VALUESELLING ASSOCIATES, LLC, a California limited liability company; Sales Vision, LLC, a California limited liability company, Plaintiffs, v. Kevin TEMPLE, an individual; Enterprise Selling Group, form of entity unknown, and Does 1 though 50, inc, S.D.Cal., November 5, 2009 ORDER GRANTING DEFENDANTS' MOTION TO (1) COMPEL ARBITRATION AND (2) DISMISS CASE JEFFREY T. MILLER, District Judge. On July 9, 2009, Plaintiffs ValueSelling Associates, LLC ("VSA") and Sales Vision, LLC ("SVL"), filed this complaint against Defendants Kevin Temple and Enterprise Selling Group ("ESG") alleging the following causes of action: (1) misappropriation of trade secrets, (2) common law misappropriation, (3) violation of California's unfair business practices act, Cal. Bus. & Prof.Code... William D. CHATMAN v. UNITED STATES of America. , C.D.Cal., November 5, 2009 A. HOWARD MATZ, District Judge. Stephen Montes Deputy Clerk On May 6, 2008, Plaintiff William D. Chatman filed this suit against Defendant United States of America requesting damages resulting from the alleged misdiagnosis and mistreatment of a medical condition while he was incarcerated at the federal prison in Florence, Colorado. On February 23, 2009, this Court denied Defendant's motion for summary judgment. The case is currently scheduled for a pretrial conference on November 30, 2009 ... Laila BATTS, Plaintiff, v. COUNTY OF SANTA CLARA, et al., Defendants. , N.D.Cal., November 5, 2009 ORDER DENYING REVIEW OF MAGISTRATE JUDGE'S ORDER JAMES WARE, District Judge. On August 27, 2009, Magistrate Judge Lloyd issued an Order Granting in Part and Denying in Part Parties' Motions Re Subpoenaed Records, [FN1] in which he denied Defendants' motion to compel discovery of Plaintiffs' pre- incarceration psychiatric records. In his Order, Judge Lloyd found that Plaintiff had not waived the therapist-patient privilege with respect to psychiatric records pre-dating the events at issue in t... Joel BAPTISTA, Petitioner, v. Ken CLARK, Warden, Respondent. , N.D.Cal., November 5, 2009 ORDER TO SHOW CAUSE RE: WRIT OF HABEAS CORPUS PETITION JAMES WARE, District Judge. I. INTRODUCTION Petitioner, represented by counsel, filed a petition for writ of habeas corpus ("Petition") pursuant to U.S.C. § 2254 challenging the legality of his confinement as a violation of his constitutional rights. The Court orders Respondent to show cause why the Petition should not be granted. I. BACKGROUND According to the Petition, on January 4, 1996, Petitioner was sentenced to fifty-three years i... Michael DRUMM, Plaintiff, v. MORNINGSTAR, INC., Defendant. , N.D.Cal., November 5, 2009 ORDER DENYING MOTIONS FOR JUDGMENT AS A MATTER OF LAW THELTON E. HENDERSON, District Judge. This matter is before the Court on the motions for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50, made orally by Defendant Morningstar, Inc. and Plaintiff Michael Drumm on October 21 and October 22, 2009. The Court took both parties' motions under submission. The jury returned a verdict in favor of Mr. Drumm, concluding that the sabbatical policy at Morningstar is a vacatio... NORTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL, METAL AND GLASSWORKERS PENSION TRUST, Douglas Christopher, Trustee, and John Maggiore, Trustee, Plaintiffs, v. ARCHITECTURAL GLASS CONSTRUCTION, INC., Defendant. , N.D.Cal., November 5, 2009 ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT WILLIAM ALSUP, District Judge. INTRODUCTION In this action to recover withdrawal liability under ERISA, plaintiffs Northern California Glaziers, Architectural Metal And Glassworkers Pension Trust and its Trustees Douglas Christopher and John Maggiore move for entry of summary judgment against defendant Architectural Glass Construction, Inc., and in favor of plaintiffs. For the reasons stated below, the motion for summary judgment is GRANTE... Beverly J. WILSON, Plaintiff, v. FIRST FRANKLIN FINANCIAL CORP., Defendant. , E.D.Cal., November 5, 2009 ORDER AND FINDINGS AND RECOMMENDATIONS JOHN F. MOULDS, United States Magistrate Judge. Plaintiff is proceeding in this action pro se and in forma pauperis. This proceeding was referred to this court by Local Rule 72-302(c)(21). Defendant's motion to dismiss was taken under submission. (April 28, 2009 Order.) Upon review of the motion and the documents in support and opposition, and good cause appearing therefor, THE COURT MAKES THE FOLLOWING FINDINGS: Plaintiff alleges violations of the Tr... Carlos S. REYES, an individual, Plaintiff, v. SAXON MORTGAGE SERVICES, INC., a corporation; et al., Defendants. , S.D.Cal., November 5, 2009 Octavio Cardona-Loya, II, Law Offices of Eric F. Fagan, Chula Vista, CA, for Plaintiff. Charles C. McKenna, Wright Finlay & Zak LLP, Newport Beach, CA, Jason Savlov, Routh Crabtree Olson PS, Santa Ana, CA, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SAXON MORTGAGE SERVICES, INC.'S MOTION TO DISMISS DANA M. SABRAW, District Judge. This matter comes before the Court on Defendant Saxon Mortgage Services, Inc.'s motion to dismiss. Plaintiff tiled an opposition to the... Demetrius K. BRASHEAR, Petitioner, v. Ken CLARK, Warden, et al., Respondents. , E.D.Cal., November 5, 2009 ORDER DENYING PETITIONER'S MOTION FOR DISCOVERY [Doc. # 35] ORDER DENYING PETITIONER'S MOTION FOR EXTENSION OF TIME [Doc. # 40] GARY S. AUSTIN, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). I. Motion for Discovery On September 28, 2009, Petitioner filed a motion requesting leave of court ... Curtis A. GIBBS, Petitioner, v. D. SMITH, Respondent. , E.D.Cal., November 5, 2009 ORDER REQUIRING RESPONDENT TO SUBMIT ANSWER ADDRESSING MERITS OF PETITION SIXTY DAY DEADLINE GARY S. AUSTIN, United States Magistrate Judge. Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On December 3, 2007, the Court ordered Respondent to file a response to the petition. (Doc. 6). On January 30, 2008, Respondent filed a motion to dismiss the petition for lack of jurisdiction. (Doc. 9). On August 8, 2008, th... Thomas WATERBURY, Plaintiff, v. Margarita PEREZ, et al, Defendants. , E.D.Cal., November 5, 2009 ORDER TO DENY RECONSIDERATION (Doc. 34.) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Plaintiff Thomas Waterbury ("plaintiff") is a state prisoner and proceeds pro se in this action under 42 U.S.C. § 1983. Plaintiff seeks reconsideration of dismissal of defendant Margarita Perez ("Ms.Perez") based on her absolute immunity and dismissal of his due process claim based on absence of constitutional entitlement to commutation of a sentence. DISCUSSION Reconsideration Standards A basic pr... Elisabeth GREEN, Plaintiff, v. CITY OF SANTA MONICA, et al., Defendants. , C.D.Cal., November 5, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this action, the attached Report and Recommendation of United States Magistrate Judge ("Report"), and the objections thereto. Good cause appearing, the Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo ... ALL POINTS CAPITAL CORP., Plaintiff, v. ARCHITECTURAL METAL PRODUCTS, INC., Pacific Rollforming, LLC, Ridgetop Hawaii, Inc, Ridgetop Roofing and Gutter, Inc, Robert Ollman, Boris Gokhman, Vladimir Shuk and Todd Beasley, Defendants. , N.D.Cal., November 5, 2009 ORDER VAUGHN R. WALKER, Chief Judge. Plaintiff All Points Capital Corporation filed this action on September 19, 2008. Doc # 1. On November 11, 2008, plaintiff filed proof of service on seven of the eight defendants listed in the complaint: Boris Gokhman, Vladimir Shuk, Todd Beasley, Ridgetop Hawaii, Pacific Rollforming LLC, Architectural Metal Products and Ridgetop Roofing and Gutter. Doc 10-16. Plaintiff has not filed proof of service on defendant Robert Ollman. Plaintiff moved for s... UNITED STATES Of America, Plaintiff, v. Luke D. BRUGNARA, Defendant. , N.D.Cal., November 5, 2009 ORDER DENYING ATTORNEY TABACK'S MOTION TO WITHDRAW AS COUNSEL OF RECORD WILLIAM ALSUP, District Judge. On April 3, 2008, defendant Luke Brugnara was indicted for filing false tax returns for the calendar years 2000, 2001 and 2002 in violation of 26 U.S.C. 7206(1). At his initial appearance on April 17, 2008, he was represented by Attorney Taback and released on his own recognizance. Shortly thereafter Attorney Taback withdrew and was replaced by Attorney Kenneth Wine. Attorney Taback, however... Steven VLASICH, Plaintiff, v. Dr. Timothy FISHBACK, et al., Defendants. , E.D.Cal., November 5, 2009 ORDER DENYING PLAINTIFF'S RENEWED MOTION FOR SANCTIONS AGAINST DEFENDANTS JUAREZ AND VILLA GARY S. AUSTIN, United States Magistrate Judge. I. RELEVANT PROCEDURAL HISTORY Plaintiff Steven Vlasich ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on December 20, 2005. (Doc. 1.) This action now proceeds on the original complaint, with plaintiff's claims for i... Timothy S. DAUBERT, Plaintiff, v. CITY OF LINDSAY, Defendant. , E.D.Cal., November 5, 2009 FINDINGS AND RECOMMENDATION TO DISMISS CASE WITHOUT LEAVE TO AMEND GARY S. AUSTIN, United States Magistrate Judge. Plaintiff, Timothy S. Daubert, appearing pro se and proceeding in forma pauperis, filed the instant complaint on September 24, 2009. DISCUSSION A. Screening Standard Pursuant to 28 U.S.C. § 1915(e)(2), the court must conduct an initial review of the complaint for sufficiency to state a claim. The court must dismiss a complaint or portion thereof if the court determines that... John Fremont STEEL IV, Plaintiff, v. CITY OF SAN DIEGO, et al., Defendants. , S.D.Cal., November 5, 2009 ORDER GRANTING DEFENDANT CHARLES E. JONES'S UNOPPOSED MOTION TO DISMISS MICHAEL M. ANELLO, District Judge. Defendant Charles E. Jones moves to dismiss the above-captioned matter pursuant to the Federal Rule of Civil Procedure 12(b)(6). The motion was set for hearing on October 19, 2009 at 2:30 p.m. Therefore, under the Southern District of California's Local Civil Rules, Plaintiff's response to the motion was due on or before October 5, 2009. See CIV. L.R. 7.1(e)(2). [FN1] Plaintiff has not f... The UNITED STATES of America, Plaintiff, v. 14.30 ACRES OF LAND, et al., Defendants. , S.D.Cal., November 5, 2009 ORDER DENYING MOTION IN LIMINE (Doc. No. 103.) THOMAS J. WHELAN, District Judge. On October 7, 2009, Plaintiff United States of America ("Plaintiff" or the "Government") filed a motion in limine seeking to exclude one of Defendants' experts. The Court decides the matters on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). For the reasons stated below, the Court DENIES Plaintiff's motion. [Doc. No. 103.] I. APPLICABLE BACKGROUND On May 16, 2007, Plaintiff acquired... Leo Norvell WARE, Petitioner, v. Ken CLARK, (Warden), Respondent. , C.D.Cal., November 5, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE CHRISTINA A. SNYDER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and adopts the findings, conclusions and recommendations of the Magistrate Judge. IT THEREFORE ... Timothy HOBSON, Petitioner, v. Rosanne CAMPBELL, warden, Respondent. , N.D.Cal., November 5, 2009 ORDER RE. APPEAL SUSAN ILLSTON, District Judge. The court issued an order denying petition for writ of habeas corpus and entered judgment on October 11, 2008. The clerk mailed a copy of the order and judgment to petitioner on that date. Petitioner has filed a "motion for clarification of court record; request for extension of time to file nunc pro tunc certificate of appealability." In his motion, petitioner states that he never received a copy of the court's order denying petition for wri... Robert GERTH and Judith Gerth, Plaintiffs, v. AMERICAN MORTGAGE EXPRESS FINANCIAL, et al., Defendants. , S.D.Cal., November 5, 2009 ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER M. JAMES LORENZ, District Judge. On November 4, 2009 Plaintiffs filed a complaint and a Motion for Ex parte Request for a Temporary Restraining Order to Stop the Trustee Sale of the Property Scheduled for November 5, 2009 ("TRO"). Pursuant to 28 U.S.C. § 1331, the court has subject matter jurisdiction over the case, because the complaint alleges causes of action under the Truth in Lending Act, 15 U.S.C. § 1601et seq. ("TILA"), and Real Esta... Michael Kentrel BROWN, Petitioner, v. Tom L. CAREY, Warden, Respondent. , N.D.Cal., November 5, 2009 ORDER TO SHOW CAUSE JEREMY FOGEL, District Judge. Petitioner, a California prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court granted Petitioner's motion for stay his amended petition to exhaust additional claims in the state courts on April 25, 2007. The Court reopened this action upon receipt of Petitioner's notice of exhaustion. (Docket No. 26.) Petitioner's amended petition (Docket No. 28) is now before the Court for initial review. STA... Sandra J. FEE, Plaintiff, v. State of CALIFORNIA, California Highway Patrol, Officer B. Rioux, Officer Voorhees, Defendants. , N.D.Cal., November 5, 2009 George J. Kovacevich, for plaintiff. Jeffrey Richard Vincent, for defendants who have appeared. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION OF ISSUES AND CAUSES OF ACTION RONALD M. WHYTE, District Judge. Defendants California Highway Patrol Officers Brandon Rioux and Brian Voorhees move for summary adjudication of issues and causes of action in this civil rights action brought against them by Sandra Fee. Defendants assert that they are entit... Malik JONES, Plaintiff, v. C. STIEFERMAN, et al., Defendants. , E.D.Cal., November 5, 2009 FINDINGS AND RECOMMENDATIONS CRAIG M. KELLISON, United States Magistrate Judge. Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is Plaintiff's "motion of imminent danger" (Doc. 79). In this motion, Plaintiff alleges two prison officials, nurse practitioner Burgett and Sergeant Harper, confiscated his wheel chair, and he is requesting an order from the court requiring his wheel chair be returned, and the ... Malik JONES, Plaintiff, v. C. STIEFERMAN, et al., Defendants. , E.D.Cal., November 5, 2009 ORDER CRAIG M. KELLISON, United States Magistrate Judge. Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is attorney Ellen C. Dove's status report and request for additional time to review this case prior to accepting appointment of counsel. Ms. Dove has indicated she has not had sufficient time to complete her review of the case and meet with Plaintiff. She has requested an additional 90 days in order to... Steven VLASICH, Plaintiff, v. Dr. Timothy FISHBACK, et al., Defendants. , E.D.Cal., November 5, 2009 ORDER DENYING PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS AGAINST DEFENDANT FISHBACK GARY S. AUSTIN, United States Magistrate Judge. I. RELEVANT PROCEDURAL HISTORY Plaintiff Steven Vlasich ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on December 20, 2005. (Doc. 1.) This action now proceeds on the original complaint, on Plaintiff's claims for inadeq... Sohil KARIMY, Plaintiff, v. ASSOCIATED GENERAL CONTRACTORS OF AMERICA--SAN DIEGO CHAPTER, INC ., APPRENTICESHIP & TRAINING TRUST FUND, Defendant. , S.D.Cal., November 5, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR STAY PENDING APPEAL M. JAMES LORENZ, District Judge. In this labor law and employment discrimination action, the court denied Defendant's motion to compel arbitration and dismiss the case. Defendant appealed pursuant to 9 U.S.C. § 16(a) and filed a motion to stay proceedings in this court pending appeal. Plaintiff opposed the motion in part, agreeing that all pre-trial proceedings should be stayed except for discovery. Defendant replied that the proceedin... Amilcar De Jesus ROMERO, Petitioner, v. W.J. SULLIVAN, Respondent. , C.D.Cal., November 5, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MARGARET M. MORROW, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. Objections to the Report and Recommendation have been filed herein. Having made a de novo determination of those portions of the Report and Recommendation to which objections have been made, th... Jorge Arturo VASQUEZ-PEREZ, Plaintiff, v. UNITED STATES, et al., Defendants. , S.D.Cal., November 5, 2009 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS M. JAMES LORENZ, District Judge. Plaintiff is a Mexican citizen whose application for adjustment of status was denied by the United States Citizenship and Immigration Services. He brought this action pursuant to the Administrative Procedure Act, 5 U.S.C. § 701, et seq. ("APA"), contending that the denial of his application is based in a legal error. Defendants filed a motion to dismiss, arguing that this court lacks jurisdiction over the subject ma... John C. LEWIS, Plaintiff, v. GOTHAM INSURANCE COMPANY, Defendant. , S.D.Cal., November 5, 2009 ORDER GRANTING IN PART DEFENDANT'S EX PARTE MOTION FOR LEAVE TO FILE A SUR- REPLY [doc. # 17] M. JAMES LORENZ, District Judge. Pro se plaintiff John C. Lewis's motion for relief from dismissal [doc. # 12] was set for hearing on November 2, 2009. The Court found that the motion was suitable for determination on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1(d)(1). Under the Civil Local Rules, plaintiff's reply memorandum was due on October 26, 2009; however, ... Larnell CROSBY, Plaintiff, v. M. KEATING, et al., Defendants. , E.D.Cal., November 4, 2009 ORDER DALE A. DROZD, United States Magistrate Judge. Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. On November 2, 2009, the undersigned issued findings and recommendations, recommending dismissal of this action for failure to state a cognizable claim for relief. The undersigned also recommended denying plaintiff's motion for preliminary injunctive relief for the same reason. Pending before the court is plaintiff's motion for leave... Adona ALLEN, Plaintiff and counter-defendant, v. STATES RECOVERY SYSTEMS, INC., Defendant and counterclaimant. , E.D.Cal., November 4, 2009 ORDER GREGORY G. HOLLOWS, United States Magistrate Judge. Previously pending on this court's law and motion calendar for October 29, 2009, was plaintiff's "motion for extension of time to respond to request for admissions," filed September 16, 2009. Defendant filed an opposition and request for sanctions. Michael Agruss appeared by telephone for plaintiff. Amy Maclear appeared for defendant. Having reviewed the parties' filings and heard oral argument, the court now issues the following order... Altheia TAYLOR, Plaintiff, v. CITY OF SAN BERNARDINO, et al, Defendants. , C.D.Cal., November 4, 2009 Altheia Taylor, San Bernardino, CA, pro se. Richard D. Luczak, San Bernardino City Attorney, San Bernardino, CA, for Defendants. ORDER ACCEPTING AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MARGARET M. MORROW, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all of the records herein, the Report and Recommendation of United States Magistrate Judge, and plaintiff's Objections. The Court has conducted a de novo ... Earl Eugene CANNEDY, Jr., Petitioner, v. Darrel ADAMS, Warden, Respondent. , C.D.Cal., November 4, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE CORMAC J. CARNEY, District Judge. Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation. IT IS ORDERED that Judgment be entered requiring that Respondent discharge Petitioner from all adverse conseq... INTERNATIONAL INTELLECTUAL MANAGEMENT CORPORATION, a California corporation, Plaintiff, v. LEE YUNN ENTERPRISES, INC. (U.S.A.), a California corporation; et al., Defendants. , C.D.Cal., November 4, 2009 Chong Hyun Roh, John K. Park, Katherine L. Quigley, Park Law Firm, Los Angeles, CA, for Plaintiff. Brian K. Brookey, Pasadena, CA, G. Warren Bleeker Christie Parker & Hale LLP, Pasadena, CA, Imad Younan Elias, Mann and Elias Law Offices, Los Angeles, CA, Lawrence E. Thompson, The Thompson Law Offices PC, Lockport, IL, Martin E. Jerisat, Martin Jerisat Law Offices, Chicago, IL, for Defendants. STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW MANUEL L. REAL, District Judge. Having rea... Jeffrey PICKARD, Plaintiffs, v. WMC MORTGAGE CORPORATION, et al., Defendants. , E.D.Cal., November 4, 2009 ORDER TO DISMISS REMAINING DEFENDANTS (Docs.12, 13.) LAWRENCE J. O'NEILL, District Judge. BACKGROUND This Court's October 21, 2009 order ("October 21 order") dismissed several defendants and required plaintiff Jeffrey Pickard ("Mr.Pickard"), no later than October 30, 2009, to show cause in writing why this Court should not dismiss this action against remaining defendants Litton Loan Servicing LP, NDEx West LLC, and Recontrust Company, Inc. The October 21 order "ADMONISHES Mr. Pickard that ... UNITED STEEL, PAPER & FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL & SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC et al. v. CONOCOPHILLIPS CO. , C.D.Cal., November 4, 2009 Proceedings: (In Chambers) Order Granting Plaintiff's Motion for Remand The Honorable PHILIP S. GUTIERREZ, District Judge. Wendy K. Hernandez Deputy Clerk Before the Court is Plaintiff's Motion for Remand and request for attorneys' fees and costs. After considering the moving and opposing papers, the Court hereby GRANTS the motion and DENIES the request for attorneys' fees and costs. I. Background On February 15, 2008, Plaintiff United Steel, Paper & Forestry, Rubber, Manufacturing, Ene... SPANISH HILLS SURGERY CENTER, LLC v. AETNA HEALTH OF CALIFORNIA, et al. , C.D.Cal., November 4, 2009 Proceedings: Order to Show Cause Why Action Should Not Be Remanded to State Court for Lack of Subject Matter Jurisdiction; Order Continuing Scheduling Conference MARGARET M. MORROW, District Judge. ANEL HUERTA Deputy Clerk I. BACKGROUND On July 13, 2009, plaintiff Spanish Hills Surgery Center, LLC ("Spanish Hills") sued defendants Aetna Health of California, Inc. ("AHC"), Aetna Life Insurance Company ("ALIC"), and certain fictitious defendants in Ventura Superior Court. Defendants removed t... Danny PEREZ v. UNIFIED GROCERS, INC. , C.D.Cal., November 4, 2009 Proceedings: Order to Show Cause Re: Lack of Subject Matter Jurisdiction MARGARET M. MORROW, Judge. ANEL HUERTA Deputy Clerk I. FACTUAL AND PROCEDURAL BACKGROUND On July 28, 2009, Danny Perez filed this action against Unified Grocers, Inc. in Los Angeles Superior Court. Defendant was served with a copy of the summons and complaint on August 5, 2009, and removed the action to federal court on September 2, 2009. A. Plaintiff's Complaint Plaintiff was employed as a warehouseman at defendant... Rocky L. PALMER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 4, 2009 OPINION AND ORDER CAROLYN TURCHIN, United States Magistrate Judge. For the reasons set forth below, it is ordered that the matter be REMANDED pursuant to sentence four of 42 U.S.C. Section 405(g) to defendant Commissioner of Social Security ("the Commissioner") for further administrative action consistent with this opinion and order. SUMMARY OF PROCEEDINGS On May 1, 2009, plaintiff, Rocky L. Palmer ("plaintiff"), filed a complaint seeking judicial review of the denial of benefits by the... Arnold NANCE, Plaintiff, v. TIME WARNER CABLE, INC., a corporation or other form of legal entity and Does 1 through 100, inclusive, Defendants. , C.D.Cal., November 4, 2009 Jason S. Mills, for Defendant Time Warner Cable, Inc. FINDINGS OF UNCONTROVERTED FACTS RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MANUEL REAL, District Judge. After consideration of the papers in support of and in opposition to Defendant Time Warner Cable, Inc.'s ("TWC" or "Defendant") Motion for Summary Judgment, the Court determines that the following facts have been established as uncontroverted: No objections having been filed the Court finds that the facts herein are supported by the... Timothy MITCHELL, Sr. and Paulette Mitchell, individually and as successors in interest to Timothy Mitchell, Jr., Plaintiffs, v. CITY OF PITTSBURG, et al., Defendants. , N.D.Cal., November 4, 2009 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT SUSAN ILLSTON, District Judge. Plaintiffs have filed a motion for leave to file an amended complaint. This matter is currently set for hearing on November 13, 2009. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing. Having considered the papers submitted, and for good cause shown, the Court GRANTS plaintiffs' motion. BACKGROU... In re McKESSON GOVERNMENTAL ENTITIES AVERAGE WHOLESALE PRICE LITIGATION. , N.D.Cal., November 4, 2009 ORDER GRANTING MOTION TO COMPEL [Docket No. 1] JOSEPH C. SPERO, United States Magistrate Judge. I. INTRODUCTION Defendant McKesson Corporation's Motion to Compel came on for hearing on Friday, October 30, 2009, at 9:30 a.m. For the reasons stated below, the Defendant's Motion is GRANTED. II. BACKGROUND A. The Litigation On May 20, 2008, the San Francisco City Attorney and the San Francisco Health Plan ("SFHP") filed suit against Defendant McKesson alleging violations of various statutes, i... DISH NETWORK L.L.C., a Colorado Limited Liability Company, Echostar Technologies L.L.C, a Texas Limited Liability Company, and Nagrastar L.L.C., a Colorado Limited Liability Company, Plaintiff, v. SONICVIEW USA, INC., a California Corporation, Soni, S.D.Cal., November 4, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DE-DESIGNATE PLAINTIFFS' PRELIMINARY INJUNCTION SUBMISSIONS FROM "ATTORNEYS-EYES-ONLY" TO "CONFIDENTIAL" NITA L. STORMES, United States Magistrate Judge. Defendants Sonicview USA, Sonicviewra, Sonicviewsa, DontPay4TV, Roberto Sanz, Duane Bernard and Courtney Bernard (collectively, "Defendants") move this court to order that Plaintiffs Dish Network, Echostar Technologies and Nagrastar (collectively, "Plaintiffs") de-designate so... Dora Alvarez GALLEGOS, Plaintiff, v. John PARSONS, M.D., et al., Defendants. , S.D.Cal., November 4, 2009 ORDER DENYING DEFENDANTS' MOTION TO DISMISS DANA M. SABRAW, District Judge. This matter comes before the Court on Defendants' motion to dismiss the Complaint. Plaintiff filed an opposition to the motion, and Defendants filed a reply. For the reasons set out below, the Court denies Defendants' motion. I. PROCEDURAL BACKGROUND On October 15, 2001, Gerardo Richard Gallegos, a state prisoner proceeding pro se, filed the original Complaint in this case. That Complaint alleged that Defendants Joh... HOOT WINC, LLC, Plaintiff, v. RSM McGLADREY FINANCIAL PROCESS OUTSOURCING, LLC, and Does 1 to 50, inclusive, Defendants. , S.D.Cal., November 4, 2009 RULING RE: PLAINTIFF'S PRIVILEGE LOG AND APPLICATION OF PRIVILEGES WILLIAM McCURINE, JR., United States Magistrate Judge. I. INTRODUCTION A. Procedural History On September 28, 2009. The Court held a telephonic discovery conference. [Doc. No. 74.] The Court permitted letter briefing regarding a) the adequacy of Plaintiff's privilege log; and b) the applicability of the work product privilege to billing records and reports conducted by CBIZ. Id. After conducting and in camera review of document... Wilbur Lann PITTMAN, Petitioner, v. Robert HERNANDEZ, Warden, Respondent. , S.D.Cal., November 4, 2009 ORDER DISMISSING CASE WITHOUT PREJUDICE DANA M. SABRAW, District Judge. Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. FAILURE TO SATISFY FILING FEE REQUIREMENT Petitioner has failed to pay the $5.00 filing fee and has failed to move to proceed in forma pauperis. This Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis. See Rule 3(a), 28 U.S.C. foll.... Chaudry ALI aka Shan Ahmed, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Cal., November 4, 2009 Chaudry Ali, Brooklyn, NY, pro se. MEMORANDUM DECISION AND ORDER DENYING PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT FOR RESPONDENT AND CLOSE THIS CASE OLIVER W. WANGER, District Judge. Petitioner Chaudry Ali aka Shan Ahmed, proceeding in pro per, has timely filed a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. Petitioner was charged with one count of trafficki... Maria Del Rosario CORONA, Plaintiff, v. Mike KNOWLES, et al., Defendants. , E.D.Cal., November 4, 2009 Aman Pradhan, Perry Maxwell Grossman, Erin S. Conroy, Bingham McCutchen LLP, San Francisco, CA, for Plaintiff. Kelli Marie Hammond, Attorney General of the State of California, Sacramento, CA, for Defendants. ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT DENNIS L. BECK, United States Magistrate Judge. Plaintiff Maria del Rosario Corona ("Plaintiff") filed the instant motion for leave to file a First Amended Complaint on September 15, 2009. Pursuant to Local Rule 78-230(h), the... Soon Hee SIN v. PRIMUS LENDING CORP. et al. , C.D.Cal., November 4, 2009 Proceedings: (In Chambers) Order GRANTING Defendant Primus Lending Corporation's Motion to Dismiss Plaintiff's Complaint The Honorable PHILIP S. GUTIERREZ, District Judge. Wendy K. Hernandez, Deputy Clerk. On May 7, 2009, Plaintiff Soon Hee Sin ("Plaintiff") filed this suit against Defendants Primus Lending Corp. ("Primus"), GMAC Mortgage LLC ("GMAC"), erroneously sued as GMAC Mortgage Corp., and New York Financial, Inc. The complaint asserts claims for violations of 1) the Truth in Lendin... Sonja Kaye DOWNTON, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , S.D.Cal., November 4, 2009 ORDER (1) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND (2) GRANTING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT DANA M. SABRAW, District Judge. Plaintiff Sonja Kaye Downton ("Plaintiff") moves for reversal or remand. Defendant Michael J. Astrue, in his capacity as Commissioner of the Social Security Administration, opposes Plaintiff's motion and cross-moves for summary judgment. Plaintiff did not file an opposition to Defendant's motion or a reply to Defendant's opposition. In her mo... Mohammad AKHAVEIN and Sussan Abdollahi, individuals, Plaintiffs, v. ARGENT MORTGAGE COMPANY, a Delaware Corproration; Cal Coast Financial, a California corporatoin; Citibank, a California Corporation; and Does 1-10, inclusive, Defendants. , N.D.Cal., November 4, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS RONALD M. WHYTE, District Judge. Defendant Argent Mortgage Company, LLC ("Argent") moves to dismiss plaintiffs Mohammad Akhavein ("Akhavein") and Sussan Abdollahi's ("Abdollahi") second amended complaint. The matter came on for hearing on October 30, 2009. Defendant appeared by David Liu. Plaintiff filed no opposition and did not appear. For the reasons set forth below, the court grants defendant's motion to dismiss without leave to amend. I.... ZL TECHNOLOGIES, INC., Plaintiff, v. GARTNER, INC. and Carolyn DiCenzo, Defendants. , N.D.Cal., November 4, 2009 ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND IN PART JEREMY FOGEL, District Judge. Defendants Gartner, Inc. and Carolyn DiCenzo (collectively, "Gartner") move to dismiss the complaint of Plaintiff ZL Technologies, Inc. ("ZL"), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion will be granted, with leave to amend in part. I. BACKGROUND 1. Procedural Background ZL filed the instant action on May 29, 2009, alleging seven ... Shawntell CURRY, Petitioner, v. Hector A. RIOS, Jr., Respondent. , E.D.Cal., November 4, 2009 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT ORDER DECLINING ISSUANCE OF CERTIFICATE OF APPEALABILITY SANDRA M. SNYDER, United States Magistrate Judge. Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He has consented to exercise of Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). Petitioner is in the custody of th... Gary HALLFORD, Plaintiff, v. MENDEZ, et al., Defendants. , E.D.Cal., November 4, 2009 ORDER GEORGE FOLEY, JR., United States Magistrate Judge. On April 13, 2007, Plaintiff Gary Hallford filed a Complaint for civil damages in the Superior Court of California, County of Solano, entitled Gary Hallford v. Correctional Officer Mendez, FCM097236. (See Exhibit B to Dkt. # 2). Defendants responded by filing a Notice of Removal of Action Under 28 U.S.C. § 1441(b), arguing that the matter should be removed to federal court because Plaintiff's Complaint includes allegations that Defendan... Gary R. THOMAS, Plaintiff(s), v. J. NEVES, et al., Defendant(s). , E.D.Cal., November 4, 2009 ORDER (Motion for Summary Judgment--# 38) ROGER L. HUNT, Chief Judge. Before the Court is Defendant Torruella and Stahl's Motion for Summary Judgment (Dkt.# 38, filed October 5, 2009). Plaintiff's opposition was due October 20, 2009, two weeks ago. Nothing has been forthcoming, nor has any request for an extension of time to respond been received by the Court. The motion will be granted. Plaintiff's complaints against Dr. Torruella and Medical Technical Assistant Stahl allege violation... Eddie R. PATE, Jr., Plaintiff, v. Any One GUILTIE, Defendant. , E.D.Cal., November 4, 2009 FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Plaintiff, proceeding pro se, has filed a document titled "Complaint" along with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The proceeding has been referred to the undersigned in accordance with Local Rule 72-302(c)(21) and 28 U.S.C. § 636(b)(1). A filing fee of $350.00 is required to commence a civil action in a federal district court. 28 U.S.C. § 1914(a). The court may authorize the... Alicia HARRIS, Plaintiff, v. VECTOR MARKETING CORPORATION, Defendant. , N.D.Cal., November 4, 2009 ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT EDWARD M. CHEN, United States Magistrate Judge. On August 25, 2009, Alicia Harris ("Plaintiff") filed this motion for leave to amend her complaint for the third time. Plaintiff seeks to amend the complaint to expand this putative class action from California to a nationwide class action with three (3) subclasses. Plaintiff asserts she recently discovered new facts which suggest a nationwide class. See Lee Decl. ¶¶ 7-13... Rickie A. MARTINEZ, Jr., Petitioner, v. FELKER, Warden, et al., Respondents. , E.D.Cal., November 4, 2009 ORDER OF DISMISSAL A. WALLACE TASHIMA, Circuit Judge Sitting by designation. Background Petitioner Rickie A. Martinez, Jr., was convicted in 2001 in California state court of first degree (felony) murder, attempted robbery, conspiracy to commit robbery, and assault with a deadly weapon. Martinez was sentenced to an upper term of 25 years to life imprisonment. After exhausting his state remedies, Martinez filed this federal habeas petition on August 1, 2006. Upon review of the petition, the... Jamie ARIAS-MALDONADO, Plaintiff, v. D.K. SISTO, et al., Defendants. , E.D.Cal., November 4, 2009 ORDER (1) ADOPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE'S SEPTEMBER 23, 2009 FINDING AND RECOMMENDATION THAT PLAINTIFF'S SECOND AMENDED COMPLAINT BE DISMISSED; AND (2) DIRECTING SERVICE OF SECOND AMENDED COMPLAINT J. MICHAEL SEABRIGHT, District Judge. On August 4, 2008, Plaintiff Jamie Arias-Maldonado ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed a Second Amended Complaint ("SAC") pursuant to 42 U.S.C. § 1983 alleging claims against the California De... Mark ROLL, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. , E.D.Cal., November 4, 2009 ORDER REMANDING ACTION TO STATE COURT DENNIS L. BECK, United States Magistrate Judge. Plaintiff Mark Roll ("Plaintiff"), proceeding pro se and in forma pauperis, filed the instant action on November 4, 2008. Pursuant to the Court's order, he filed a Fourth Amended Complaint on September 18, 2009. On September 28, 2009, the Court issued an order to show cause why the action should not be remanded to state court. On November 2, 2009, Plaintiff filed a response that demonstrates that the ... Souney KEOPHAN, Petitioner, v. Robert A. HOREL, warden, Respondent. , N.D.Cal., November 4, 2009 ORDER TO SHOW CAUSE MARILYN HALL PATEL, District Judge. INTRODUCTION Souney Keophan, currently incarcerated at Pelican Bay State Prison, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court dismissed the petition with leave to amend. Keophan's amended petition is now before the court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. BACKGROUND According to the amended habeas petition, Keophan was convicted in Santa Cla... ONE TRUE VINE, LLC, Plaintiff, v. The WINE GROUP LLC, Defendant. , N.D.Cal., November 4, 2009 MEMORANDUM & ORDER Re: Plaintiff's Motion to Amend Federal Trademark Registration MARILYN HALL PATEL, District Judge. Plaintiff One True Vine, LLC, has brought this action against defendant The Wine Group LLC, alleging violation of plaintiff's trademark. Plaintiff now brings a motion to amend its federal trademark registration. Having considered the parties' arguments and submissions, the court enters the following memorandum and order. BACKGROUND The parties are both wine producers. Plain... Sharon BROWN, et al., Plaintiffs, v. IKON OFFICE SOLUTIONS, INC., and Does 1-10 Inclusive, Defendants. , N.D.Cal., November 4, 2009 ORDER GRANTING DEFENDANT IKON'S MOTION TO DISMISS AND MOTION TO STRIKE JEFFREY S. WHITE, District Judge. Now before the Court is the motion to dismiss and the motion to strike filed by Ikon Office Solutions, Inc. ("Ikon"). These matters are now fully briefed and ripe for decision. The Court finds that these matters are appropriate for disposition without oral argument and these matters are deemed submitted. See N.D. Civ. L.R. 7-1(b). Accordingly, the hearing set for November 6, 2009 is VACATE... Susan E. JONES, Plaintiff, v. James NESOM, et al, Defendants. , E.D.Cal., November 4, 2009 ORDER ON DEFENDANTS' F.R.Civ.P. 12 MOTION TO DISMISS (Doc. 8.) LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Defendants California unemployment insurance officials and administrative law judges seek to dismiss plaintiff Susan E. Jones ("Ms. Jones' ") unemployment insurance denial claims as barred by defenses of res judicata, official capacity and judicial immunity. Ms. Jones filed no papers to oppose dismissal of her claims. This Court considered defendants' F.R.Civ.P. 12(b)(6) motion ... BIG O TIRES, LLC, a Nevada limited liability company, f/k/a Big O Tires, Inc., a Colorado corporation, Plaintiff, v. Jason C. BROWN f/d/b/a Big O Tires # 135 and Stacy D. Brown, Defendants. , E.D.Cal., November 4, 2009 FINDINGS AND RECOMMENDATION REGARDING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT ORDER REGARDING PLAINTIFF'S MOTION TO AMEND MOTION FOR DEFAULT JUDGMENT (Documents 9 and 31) DENNIS L. BECK, United States Magistrate Judge. On September 28, 2009, Plaintiff Big O Tires, LLC f/ka/ Big O Tires, Inc. ("Big O") filed the present motion for default judgment against Defendant Jason C. Brown ("Defendant"). The motion was referred to this Court pursuant to 28 U.S.C. § 636(b) (1)(B) and Local Rule 72... SIERRA FOREST LEGACY, et al., Plaintiffs, v. Mark REY, in his official capacity as Under Secretary of Agriculture, et al., Defendants. People of the State of California, ex rel. Edmund G. Brown Jr., Attorney General, Plaintiff, v. United States , E.D.Cal., November 4, 2009 MEMORANDUM AND ORDER MORRISON C. ENGLAND, JR., District Judge. In ruling on summary judgment motions filed in both of these cases in August and September of 2008, this Court found for liability purposes that the 2004 Framework complied with the provisions of the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA), except to the extent that the 2004 Framework was implemented without sufficient review of alternatives other than the chosen option. Our determinatio... Rosa MURGIA, Petitioner, v. Paul COPENHAVER, Warden, et al, Respondent(s). , N.D.Cal., November 4, 2009 ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING PETITION VAUGHN R. WALKER, Chief Judge. Petitioner, a federal prisoner currently incarcerated at the Federal Corrections Institution ("FCI"), Dublin, and proceeding pro se, has filed the instant petition for a writ of habeas corpus pursuant to 28 USC § 2241. Doc # 1. Petitioner is in the custody of the Bureau of Prisons ("BOP") following her 2008 conviction of one count of distributing methamphetamine; her projected release ... LAKE LUCIANA, LLC, Plaintiff, v. COUNTY OF NAPA, et al., Defendants. , N.D.Cal., November 4, 2009 ORDER GRANTING MOTION TO DISMISS AND/OR TO STAY JEFFREY S. WHITE, District Judge. INTRODUCTION Now before the Court for consideration is the Motion to Dismiss and/or to Stay filed by Defendants the County of Napa, the Napa County Board of Supervisors, Brad Wagenknecht, Diane Dillon, Mark Luce, Bill Dodd, and Keith Caldwell (collectively "Defendants"). Having considered the parties' papers, relevant legal authority, and the record in this case, the Court finds the matter suitable for dispositio... Clarence WARREN, Petitioner, v. Derral G. ADAMS, Respondent. , E.D.Cal., November 4, 2009 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS JEFFREY T. MILLER, District Judge. I. INTRODUCTION AND PROCEDURAL BACKGROUND Clarence Warren (hereinafter "Warren"), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus in the Eastern District of California (Fresno Division) on August 31, 2007 [doc. no. 1]. On November 25, 2008, the Petition was reassigned to visiting District Judge Jeffrey T. Miller for all further proceedings [doc. no. 22] and, on December 18, 2008,... Michael ATLAS and Gail Atlas, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, v. ACCREDITED HOME LENDERS HOLDING CO.; James Konrath; Joseph J. Lydon; STuart D. Marvin; John S. Buchanan; David E. Hertzel; and Jeffrey W. Craw, S.D.Cal., November 4, 2009 FINAL ORDER APPROVING SETTLEMENT AND PLAN OF ALLOCATION AND GRANTING PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES AND OTHER EXPENSES MARILYN L. HUFF, District Judge. On August 24, 2007, Arkansas Teacher Retirement System ("Lead Plaintiff") filed a corrected and consolidated class action complaint against Accredited Home Lenders Holding Co. and certain officers and directors ("Defendants"). (Doc. No. 54.) The complaint alleges violations of §§ 10(b), 20(a), and 14(a) of the Securities Excha... Vergie M. CHANDLER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 4, 2009 OPINION AND ORDER CAROLYN TURCHIN, United States Magistrate Judge. For the reasons set forth below, it is ordered that judgment be entered in favor of defendant Commissioner of Social Security ("the Commissioner") because the Commissioner's decision is supported by substantial evidence and is free from material legal error. SUMMARY OF PROCEEDINGS On October 10, 2007, plaintiff, Vergie M. Chandler ("plaintiff"), filed a complaint seeking judicial review of the denial of benefits by the C... Elizabeth A. HURREY-MAYER, an individual, Plaintiff, v. WELLS FARGO HOME MORTGAGE, INC. d.b.a. America's Servicing Company, a corporation, et al., Defendants. , S.D.Cal., November 4, 2009 ORDER DENYING DEFENDANT'S MOTION TO DISMISS DANA M. SABRAW, District Judge. This matter comes before the Court on Defendant's motion to dismiss. Plaintiff filed an opposition to the motion, and Defendant filed a reply. For the reasons discussed below, the Court denies Defendant's motion. I. BACKGROUND In June 2005, Plaintiff Elizabeth Hurrey-Mayer purchased a home with a loan from BNC Mortgage. (Compl. at 3.) Plaintiff alleges neither BNC nor its agent accurately represented the terms of th... SECURITIES and EXCHANGE COMMISSION v. Angelo MOZILO, et al. , C.D.Cal., November 3, 2009 PROCEEDINGS (IN CHAMBERS): ORDER DENYING DEFENDANT ANGELO MOZILO'S MOTION TO DISMISS THE COMPLAINT [filed 8/14/2009; Docket No. 42]; ORDER DENYING DEFENDANT DAVID SAMBOL'S MOTION TO STRIKE [filed 8/14/2009; Docket No. 44]; ORDER DENYING DEFENDANT ERIC P. SIERACKI'S MOTION TO DISMISS THE COMPLAINT [filed 8/14/2009; Docket No. 47]; ORDER DENYING DEFENDANT DAVID SAMBOL'S MOTION TO DISMISS THE COMPLAINT [filed 8/14/2009; Docket No. 50] Honorable JOHN F. WALTER, District Judge. Shannon Reilly Co... Duane H. SCEPER, Plaintiff, v. TRUCKS PLUS, and Mark R. Warnock, Defendants. , E.D.Cal., November 3, 2009 FINDINGS AND RECOMMENDATIONS EDMUND F. BRENNAN, United States Magistrate Judge. This case was referred to the undersigned pursuant to Eastern District of California Local Rule 72-302(c)(19) and 28 U.S.C. § 636(b)(1) for hearing on plaintiff's motion for entry of default judgment against defendants Trucks Plus and Mark R. Warnock. On August 19, 2009, a hearing on the motion was held, and James Mason appeared on behalf of plaintiff. Defendants made no appearance. For the reasons that follow, an... Albert J. GABRIEL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 3, 2009 MEMORANDUM OPINION; ORDER OSWALD PARADA, United States Magistrate Judge. The Court [FN1] now rules as follows with respect to the disputed issues listed in the Joint Stipulation ("JS"). [FN2] FN1. Pursuant to 28 U.S.C. § 636(c), the parties consented to proceed before the United States Magistrate Judge in the current action. (See Dkt. Nos. 8, 9.) FN2. As the Court advised the parties in its Case Management Order, the decision in this case is being made on the basis of the pleadin... NATURAL PROTEINS, LLC, Plaintiff, v. OCEAN PROTEIN, LLC, Defendant. , N.D.Cal., November 3, 2009 ORDER GRANTING MOTION TO DISMISS AMENDED COUNTERCLAIM RICHARD SEEBORG, United States Magistrate Judge. I. INTRODUCTION Plaintiff Natural Proteins LLC and defendant Ocean Proteins LLC each advance cognizable claims against the other sounding in contract law arising from their failed business dealings. The question raised by this motion is whether Ocean Protein has also stated a claim under the state of Washington's Consumer Protection Act ("the WCPA"). Because claims under the WPCA require a... Eric A. THOMAS, Plaintiff, v. M.S. EVANS, et al., Defendants. , E.D.Cal., November 3, 2009 ORDER AND FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. This proceeding was referred to the undersigned magistrate judge in accordance with Local Rule 72-302 and 28 U.S.C. § 636(b)(1). Plaintiff has submitted an in forma pauperis application that makes the showing required by 28 U... Martha STEWART, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Cal., November 3, 2009 William M. Kuntz, Riverside, CA, for Plaintiff. Assistant U.S. Attorney LA-CV, Office of U.S. Attorney, Los Angeles, CA, Assistant U.S. Attorney LA-SSA, Office of the General Counsel for Social Security Adm., Jean M. Turk, U.S. Attorney's Office, U.S. Department of Justice, San Francisco, CA, for Defendant. MEMORANDUM OPINION; ORDER OSWALD PARADA, United States Magistrate Judge. The Court [FN1] now rules as follows with respect to the disputed issues listed in the Joint Stipulation ... Samuel H. TUCKER, Plaintiff, v. D. CALVIN, Defendant. , E.D.Cal., November 3, 2009 ORDER AND FINDINGS AND RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On July 24, 2009, defendant filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b). On September 2, 2009, inmate Hakeem Akbar, a non-party, filed an opposition to the motion on plaintiff's behalf. The opposition was not signed by plaintiff. Fed.R.Civ.P. 11 requires that every pleading must be si... Lauren TARLECKI, et al., individually and on behalf of a class of similarly situated employees, Plaintiffs, v. BEBE STORES, INC., Defendant. , N.D.Cal., November 3, 2009 Michelle M. Gomez-Novy, Michael J. Bononi, Bononi Law Group, Los Angeles, CA, Anne-Marie Sargent, Stephen P. Connor, Connor & Sargent PLLC, Seattle, WA, Gary F. Lynch, Carlson Lynch Ltd., New Castle, PA, for Plaintiffs. Arthur M. Eidelhoch, Laura Emily Hayward, Littler Mendelson A Professional Corporation, San Francisco, CA, for Defendant. MEMORANDUM & ORDER LYN HALL PATEL, District Judge. Lead plaintiff Lauren Tarlecki and twenty-one other named plaintiffs, individually and on behalf of... NORTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL METAL AND GLASS WORKERS PENSION PLAN, et al., Plaintiff, v. PACIFIC GLASS & ALUMINUM, INC., Defendant. , N.D.Cal., November 3, 2009 Muriel B. Kaplan, Michele R. Stafford, Saltzman & Johnson Law Corporation, San Francisco, CA, for Plaintiff. ORDER ADOPTING REPORT AND RECOMMENDATION MARILYN HALL PATEL, District Judge. This matter having been assigned to Magistrate Judge Elizabeth D. Laporte pursuant to this District's assignment system and a Report and Recommendation having been filed on August 5, 2009, with respect to plaintiff's motion for default judgment, and having been referred to this court pursuant to Federal Rule... Vincent CORREA, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 3, 2009 MEMORANDUM OPINION AND ORDER PATRICK J. WALSH, United States Magistrate Judge. Before the Court is Plaintiff's appeal of a decision by Defendant Social Security Administration ("the Agency"), denying his application for Disability Insurance benefits ("DIB") and Supplemental Security Income ("SSI"). Because the Agency's decision that Plaintiff was not disabled within the meaning of the Social Security Act is supported by substantial evidence, it is affirmed. Plaintiff applied for DIB an... David John CHAVEZ, Petitioner, v. P. SMITH, Warden, Respondent. , C.D.Cal., November 3, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE JOHN F. WALTER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has expired, and no Objections have been filed. The Court concurs with and adopts the findings, conclusions, and recommendations of... Noel BUCKLEY o/b/o K.J.B., Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , C.D.Cal., November 3, 2009 AMENDED DECISION AND ORDER [FN1] FN1. The Decision and Order is amended to clarify a sentence on page 6, line 24. CARLA M. WOEHRLE, United States Magistrate Judge. The parties have consented, under 28 U.S.C. § 636(c), to the jurisdiction of the undersigned Magistrate Judge. Plaintiff seeks review of the Commissioner's denial of disability benefits. As discussed below, the court finds that the Commissioner's decision should be reversed and this matter remanded for further proceedings. I. ... Lyle A. CROOK, Petitioner, v. James E. TILTON, CDC Secretary, Respondents. , C.D.Cal., November 3, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER, District Judge. Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, the Report and Recommendation of the United States Magistrate Judge, and the objections filed by Petitioner, de novo. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge, with the following revisions:. p. 6, ln. ... Charles and Alberta MIDDLESWORTH, Plaintiffs, v. OAKTREE COLLECTIONS, INC., Defendant. , E.D.Cal., November 3, 2009 MEMORANDUM DECISION AND ORDER RE APPLICATION FOR DEFAULT JUDGMENT. OLIVER W. WANGER, District Judge. Plaintiffs Charles and Alberta Middlesworth filed a first amended complaint ("FAC") for unlawful debt collection practices under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, on May 7, 2009. Doc. 6. They allege that Defendant, Oaktree Collections, Inc., placed threatening, harassing, and abusive collection calls to Plaintiffs demanding payment for an alleged debt and th... SOUTHWEST ENGINEERING, INC., Plaintiff, v. YEOMANS CHICAGO CORPORATION, et al., Defendants. , S.D.Cal., November 3, 2009 ORDER: (1) GRANTING DEFENDANT'S MOTION TO DISMISS AND (2) DISMISSING WITHOUT PREJUDICE JANIS L. SAMMARTINO, District Judge. Presently before the Court is Defendant's motion to dismiss the First Amended Complaint (FAC). (Doc. No. 16.) Plaintiff has filed an opposition and Defendant has replied to that opposition. (Doc. Nos. 18 & 24.) Having fully considered the parties' arguments and the relevant law, Defendant's motion is GRANTED and this action is DISMISSED WITHOUT PREJUDICE. BACKGROUND In F... Patricia L. LEON, Petitioner, v. Paul COPENHAVER, Warden, et al, Respondent(s). , N.D.Cal., November 3, 2009 ORDER DENYING APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING PETITION THELTON E. HENDERSON, District Judge. Petitioner, a federal prisoner currently incarcerated at the Federal Corrections Institution ("FCI"), Dublin, and proceeding pro se, has filed the instant Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 challenging the execution of her federal prison sentence. Doc. # 1. Petitioner is in the custody of the Bureau of Prisons ("BOP") serving a sixty... Matt STRONG, Plaintiff, v. WALGREEN CO., et al., Defendant. , S.D.Cal., November 3, 2009 ORDER HAYES, District Judge. The matter before the Court is Plaintiff's Motion for Summary Judgment or Partial Summary Judgment, in the Alternative (Doc. # 12). BACKGROUND Plaintiff Matthew Strong filed a complaint on March 3, 2009 against Defendants Walgreen Co., doing business as Walgreens ("Walgreens") and Rudolf Bragg, Trustee of the Bragg Family Trust (collectively "Defendants") (Doc. # 1). Plaintiff alleges Defendants violated the Americans with Disabilities Act ("ADA"), the Calif... Richard William FOWLER, Petitioner, v. D. ADAMS, et al., Respondents. , E.D.Cal., November 3, 2009 MEMORANDUM DECISION AND ORDER RICHARD C. TALLMAN, District Judge. This matter comes before the Court on Richard William Fowler's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. INTRODUCTION Petitioner Fowler is a state prisoner currently incarcerated at California State Prison, Corcoran in Corcoran, California. He filed this petition for a writ of habeas corpus to challenge a judgment of conviction entered against him in the Sacramento County Superior Court in 2004 on cha... Robert BASQUE, Petitioner, v. Teresa SCHWARTZ, Respondent. , E.D.Cal., November 3, 2009 ORDER KIMBERLY J. MUELLER, United States Magistrate Judge. This matter was on calendar on for hearing on petitioner's motion for an evidentiary hearing. Steven Sanders, Esq., appeared for petitioner; no appearance was made by respondent's counsel. In this habeas action, petitioner alleges he was not assigned to a conservation camp based solely on his medical condition as infected with HIV, and so was denied the ability to earn additional good-time credits against his sentence. In previous ... William NIBLE, Plaintiff, v. WARDEN, et al., Defendants. , E.D.Cal., November 3, 2009 ORDER JOHN M. ROLL, Chief Judge. Plaintiff William Nible, who is confined in the Kern Valley State Prison (KVSP), and three other inmates filed a joint complaint in Nible v. Warden, case no. CV 08-00627-LJODLB, seeking relief pursuant to 42 U.S.C. § 1983. (Doc. # 1.) [FN1] The Court severed the plaintiffs' claims into separate actions and ordered each of the plaintiffs to file an amended complaint in their respective cases. Plaintiff filed a First Amended Complaint, which the Court dismissed... Terry Don EVANS, Plaintiff, v. COUNTY OF SAN DIEGO; William B. Kolender, Sheriff; Dr. Earl Goldstein, County Sheriff's Medical Director; Bruce Leicht, Medical Administrator, Defendants. , S.D.Cal., November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATIONS GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JEFFREY T. MILLER, District Judge. On August 19, 2009, Magistrate Judge Ruben B. Brooks entered a Report and Recommendation. (Doc. No. 128). The Report and Recommendation, expressly incorporated herein, thoroughly and thoughtfully analyzed Plaintiff's claims and recommended that Defendant's motion for summary judgment (Doc. No. 113) be granted. Plaintiff filed objections to the Report and Recommendation... Larry Lee HARTMAN, Petitioner, v. Michael A. SMELOSKY, Warden, Respondent. , C.D.Cal., November 3, 2009 ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER, District Judge. Pursuant to 28 U.S.C. section 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation. IT IS ORDERED that Judgment be entered denying and dismissing the Petition with prejudice. IT IS FURTHER ORDERE... Joseph CUVIELLO, et al., Plaintiffs, v. CITY OF OAKLAND, et al., Defendants. , N.D.Cal., November 3, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARILYN HALL PATEL, District Judge. This matter was referred to Magistrate Judge Edward M. Chen for the purpose of providing a Report and Recommendation containing findings and conclusions regarding plaintiffs' motion for partial summary judgment, City defendants' motion for summary judgment or alternatively for partial summary judgment, and County defendants' and SMG defendants' motion for partial summary judgment. The Magistrate Ju... Phayboon KHENSOKVANN, Petitioner, v. Francisco JACQUES, warden, Respondent. , N.D.Cal., November 3, 2009 ORDER TO SHOW CAUSE SUSAN ILLSTON, District Judge. INTRODUCTION Phayboon Khensokvann, currently incarcerated at Pelican Bay State Prison, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court dismissed the petition with leave to amend. Khensokvann's amended petition is now before the court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. BACKGROUND According to the amended habeas petition, Khensokvann was convicted in ... Barbara KOB, Plaintiff, v. COUNTY OF MARIN, et al., Defendants. , N.D.Cal., November 3, 2009 DISCOVERY ORDER JAMES LARSON, United States Magistrate Judge. I. Introduction The parties submitted joint statements comprising multiple discovery disputes which the Court finds suitable for disposition without oral argument as provided by Civil Local Rule 7-1(b). Fact discovery closed September 21, 2009. Defendants' motion for summary judgment is set for hearing November 18 and jury trial is scheduled to commence January 12, 2010. II. Disputes A. Defendants bring a motion for Court-Ordere... Dana AEA, Petitioner, v. Paul COPENHAVER, Warden, et al, Respondent(s). , N.D.Cal., November 3, 2009 ORDER OF DISMISSAL THELTON E. HENDERSON, District Judge. Petitioner, a federal prisoner currently incarcerated at the Federal Corrections Institution ("FCI"), Dublin, and proceeding pro se, has filed the instant Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 challenging the execution of her federal prison sentence. Doc. # 1. Petitioner is in the custody of the Bureau of Prisons ("BOP") serving a sixty month sentence after she pled guilty in February 2009 to distributing... Eber Gene RUTH, Petitioner, v. People of the State of CALIFORNIA, Respondent. , N.D.Cal., November 3, 2009 ORDER SUSAN ILLSTON, District Judge. INTRODUCTION Eber Gene Ruth, an inmate at Mule Creek State Prison, filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court dismissed the petition with leave to amend, explaining that it failed to state a claim and appeared to be untimely. Ruth then filed a response to the order to amend, which the court will treat as an amended petition and review it pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section ... Stewart MANAGO, Petitioner, v. James WALKER, Warden, Respondent. , E.D.Cal., November 3, 2009 FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 31, 2008, the undersigned ordered respondent to file and serve a response to the petition. On March 2, 2009, respondent filed the pending motion to dismiss, arguing that petitioner's habeas petition is time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDP... Hilda SOLIS, Secretary of Labor, v. BEST MIRACLE CORP., et al. , C.D.Cal., November 3, 2009 Boris Orlov, for Plaintiffs. Boris Sorsher, for Defendants. Proceedings: (In Court) Order Granting Plaintiff's Motion for Protective Order and Denying Defendants' Motion for Sanctions MARC L. GOLDMAN, United States Magistrate Judge. Terri Steele Deputy Clerk CS 11/03/09 Court Reporter / Recorder This discovery dispute arises out of a Complaint filed by the Secretary of Labor alleging that Defendants violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et seq, by faili... Jesus ESTEVEZ, Plaintiff, v. A. HEDGPETH, et al., Defendants. , E.D.Cal., November 3, 2009 ORDER ROSLYN O. SILVER, District Judge. Before the Court is Plaintiff's Motion for Clarification of the Court's Order of August 13, 2009 (Doc. 38), and Plaintiff's Motion to Appoint Counsel (Doc. 41). The Court will grant the motion for clarification. Plaintiff's Motion to Appoint Counsel will be denied. DISCUSSION I. Clarification of the Court's Order of August 13, 2009 Plaintiff requests clarification of line 2 of page 2 of the Court's August 13, 2009 Order. The line states, "If Plaintiff... William CUNNINGHAM, Petitioner, v. Claude FINN, Warden, Respondent. , E.D.Cal., November 3, 2009 FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Petitioner is a former state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging Governor Schwarzenegger's 2005 reversal of the Board of Parole Hearings' decision to grant him parole. On January 15, 2009, respondent filed an answer to the petition. On January 26, 2009, petitioner filed a traverse. This matter was then submitted for decision. However, on ... Ronnie BROWN, Plaintiff, v. Suzann HUBBARD, et al., Defendants. , E.D.Cal., November 3, 2009 FINDINGS & RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. Pending before the court is plaintiff's September 11, 2009, motion to compel. In this motion, plaintiff seeks an order directing defendants to provide him with an "adequate means of daily living assistance." In particular, plaintiff requests that, based on his disabilities, upon his release on parole, defendants be ordered to provide him with a care giver, safe housing and financial assistance. On September 16, 200... Larry Deon COSTALES, Petitioner, v. James HARTLEY, Respondent. , E.D.Cal., November 3, 2009 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS FOR FAILURE TO STATE A COGNIZABLE FEDERAL CLAIM DENNIS L. BECK, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). Petitioner filed the instant petition for writ of habeas corpus on September 28, 2009. (Court Doc. 1.) DI... Mark Anthony FLORES, Plaintiff, v. VALLEY ROSE ADULT SCHOOL, et al., Defendants. , E.D.Cal., November 3, 2009 ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE ANY CLAIMS UPON WHICH RELIEF MAY BE GRANTED UNDER § 1983 DISMISSAL SHALL COUNT AS A STRIKE PURSUANT TO 28 U.S.C. § 1915(g) DENNIS L. BECK, United States Magistrate Judge. I. Order Plaintiff Mark Anthony Flores ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his original complaint on June 3, 2009, in the Sacramento Division. (Doc. 1... George William VETTER, Petitioner v. Robert L. AYERS, Warden, Respondent. , C.D.Cal., November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MANUEL L. REAL, District Judge. Pursuant to 28 U.S.C. Section 636, the Court has reviewed the petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination. IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) the Report and Recommendation is adopted as the findings of fact and c... Angel HERNANDEZ, Petitioner, v. Chris JORDAN, Sheriff, Kings County, Respondent. , E.D.Cal., November 3, 2009 FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS DENNIS L. BECK, United States Magistrate Judge. Petitioner is currently confined in the Kings County Jail, pending trial. Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases [FN1] provides in pertinent part: FN1. Although Rule 4 and the other Rules Governing Section 2254 Cases were adopted for pe... Dondi Van HORN, Plaintiff, v. Tina HORNBEAK, et al., Defendants. , E.D.Cal., November 3, 2009 Brandon Almond, Covington and Burling, Washington, DC, Christine Saunders Haskett, Edward Daniel Robinson, Geoffrey Thomas Painter, Jesse R. Goodman, Samuel Frederick Ernst, Covington & Burling LLP, San Francisco, CA, for Plaintiff. Diana Esquivel, Attorney General's Office of the State of California, Sacramento, CA, Mario L. Beltramo, Jr., Daniel Lawrence Wainwright, McCormick, Barstow, Sheppard, Wayte & Carruth LLP Richard Stephen Salinas, Weiss Martin Salinas & Hearst, Dirk B. Paloutzian, ... Lance R. MARTIN, Plaintiff, v. L.M. VASQUEZ, et al., Defendants. , E.D.Cal., November 3, 2009 Lance R. Martin, Delano, CA, pro se. ORDER REQUIRING PLAINTIFF TO EITHER FILE AMENDED COMPLAINT OR NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY ON CLAIMS FOUND TO BE COGNIZABLE RESPONSE DUE WITHIN 30 DAYS DENNIS L. BECK, United States Magistrate Judge. I. Screening Order Plaintiff Lance R. Martin ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his original complaint on June 19, 2009. (Do... Lance R. MARTIN, Plaintiff, v. L.M. VASQUEZ, et al., Defendants. , E.D.Cal., November 3, 2009 FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF'S REQUEST FOR INJUNCTIVE RELIEF BE DENIED WITHOUT PREJUDICE OBJECTIONS, IF ANY, DUE WITHIN 30 DAYS DENNIS L. BECK, United States Magistrate Judge. Plaintiff Lance R. Martin ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 6, 2009, Plaintiff filed an unnamed motion with the Court. (Doc. 5.) Plaintiff accuses several correctional officers of poison... Eric Shawn KEMP, Plaintiff, v. Jeanne WOODFORD, et al., Defendants. , E.D.Cal., November 3, 2009 FINDINGS & RECOMMENDATIONS GREGORY G. HOLLOWS, United States Magistrate Judge. Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants' motion for summary judgment filed April 20, 2009. On June 12, 2009, the court recommended that defendants' motion be granted after plaintiff failed to file an opposition. On June 24, 2009, plaintiff filed objections claiming he did not receive defendants' motion. Althou... Frederick BRINKLEY, Petitioner, v. Ben CURRY, Respondent. , E.D.Cal., November 3, 2009 Frederick C. Brinkley, Soledad, CA, pro se. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS JUSTIN L. QUACKENBUSH, Senior District Judge. BEFORE THE COURT is Mr. Frederick Brinkley's ("Brinkley") untimely pro se Petition for Writ of Habeas Corpus (Ct.Rec.1), pursuant to 28 U.S.C. § 2254. Mr. Brinkley's sole claim is that he is actually innocent of the crime of his underlying conviction, based on the discovery of allegedly new, reliable evidence. I. Introduction A. Facts In 1983, Mr. B... MAITA DISTRIBUTORS, INC. OF SAN MATEO, a California corporation, Plaintiff, v. DBI BEVERAGE INC., a Tennessee corporation, Defendant. , N.D.Cal., November 3, 2009 Craig S. Ritchey, John G. Hursh, Karen Elizabeth Wentzel, Patricia Anne Welch, for Plaintiff. Elise Kathryn Sara, Jonathan P. Hersey, Mark Kenneth Slater, for Defendant. Jesse Frank Ruiz, Alissa Brett Rubin, Michael W. Youtt, Russell D. Workman, for Intervenor. Brian C. Rocca, for Amicus CBBD. ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [Re Docket Nos. 53, 54 and 55] RONALD M. WHYTE, District Judge. Presently before the court are the motions for summary judgment by plaintiff Ma... TIMBISHA SHOSHONE TRIBE, Edward Beaman, Virginia Beck, and Cleaveland Lyle Casey, Plaintiffs, v. Joseph KENNEDY, Madeline Esteves, Pauline Esteves, Angela Boland, and Erick Mason, Defendants. , E.D.Cal., November 3, 2009 Francis John Nyhan, Monteau and Peebles, John M. Peebles, Albert Robert Rhoan, Jr., Fredericks Peebles & Morgan LLP, Sacramento, CA, for Plaintiffs. George Forman, Jeffrey Ryan Keohane, Forman & Associates, San Rafael, CA, for Defendants. ORDER ON PLAINTIFFS' PRELIMINARY INJUNCTION MOTION LAWRENCE J. O'NEILL, District Judge. INTRODUCTION Plaintiffs Timbisha Shoshone Tribe ("Tribe"), [FN1] Edward Beaman ("Mr.Beaman"), Virginia Beck ("Ms.Beck"), and Cleaveland Lyle Casey ("Mr.Casey") ("... Duran D. DEWITT, Plaintiff, v. SACRAMENTO POLICE DEPARTMENT, et al., Defendants. , E.D.Cal., November 2, 2009 ORDER DALE A. DROZD, United States Magistrate Judge. Plaintiff is currently confined at the Rio Cosumnes Correctional Center ("RCCC"), and is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. In accordance with the court's September 4, 2009 order, plaintiff has filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. This proceeding was referred to the undersigned magistrate judge in accordance with Local Rule 72-302 and 28 U.S.C. § 636(b)(1). Pla... Justina CHO, an individual, Plaintiff, v. WELLS FARGO BANK, N.A., and Wells Fargo Home Mortgage, Inc., Defendants. , C.D.Cal., November 2, 2009 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND DENYING AS MOOT DEFENDANT'S MOTION TO STRIKE DEAN D. PREGERSON, District Judge. This matter comes before the Court on a Motion to Dismiss the First Amended Complaint and a Motion to Strike Allegations from the First Amended Complaint filed by the defendant. After reviewing the papers submitted by the parties and considering the arguments therein, the Court grants the motion to dismiss, denies the motion to strike as moot, and adopts the followi... Teresa E. NEATHERY, an individual, Plaintiff, v. CHEVRON TEXACO CORPORATION GROUP ACCIDENT POLICY NO. OK 826458 and Accident Policy No. SLG-000784, group welfare benefits plans under ERISA, and Does 1 through 10, inclusive, Defendants. , S.D.Cal., November 2, 2009 ORDER GRANTING MOTION FOR INTEREST, ATTORNEY'S FEES, AND COSTS JEFFREY T. MILLER, District Judge. Plaintiff Teresa Neathery ("Neathery") brought this action to recover accidental life insurance proceeds under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. Defendants are Voluntary Group Accident Insurance Plan and On-the-Job Accident Insurance Plan, erroneously sued as Chevron Texaco Corporation Group Accident Policy No. OK 826458 and Accident Policy No... Dave NGUYEN, Plaintiff(s), v. HARTFORD LIFE INSURANCE COMPANY, Defendant(s). , C.D.Cal., November 2, 2009 ORDER GRANTING MOTION FOR ATTORNEY FEES ANDREW J. GUILFORD, District Judge. This case involves a claim under the Employee Retirement Income Security Act of 1974 ("ERISA"). The parties have settled the lawsuit, and Plaintiff Dave Nguyen ("Plaintiff") filed a motion requesting reasonable attorney fees ("Motion"). The Court GRANTS the Motion and awards attorney fees of $29,556. BACKGROUND Plaintiff sought payment of insurance proceeds from Defendant Hartford Life Insurance Company ("Defendant... UNITED STATES, Plaintiff(s), v. William J. FERRY, Defendant(s). , C.D.Cal., November 2, 2009 ORDER DENYING DEFENDANTS' MOTION TO UNSEAL GRAND JURY RECORDS AND TRANSCRIPTS DAVID O. CARTER, District Judge. Before the Court is Defendant William J. Ferry's ("Ferry" or "Defendant") Motion to Unseal and Disclosure of Grand Jury Records and Transcripts. After considering the moving, opposing and replying papers, as well as the parties' oral argument, and for the reasons that follow, the Court hereby DENIES Defendant's Motion. I. BACKGROUND Defendant Ferry has been charged with conspirac... Rebel SCHROEDER, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , C.D.Cal., November 2, 2009 MEMORANDUM OPINION AND ORDER MARC L. GOLDMAN, United States Magistrate Judge. Plaintiff Rebel Schroeder seeks judicial review of the Commissioner's denial of his application for Social Security Disability Insurance benefits ("SSDI") and Supplemental Security Income benefits("SSI") pursuant to Titles II and XVI of the Social Security Act. For the reasons stated below, the decision of the Social Security Commissioner is affirmed. I. Facts and Procedural Background Plaintiff was born on M... Ravind Roushan DEO, Petitioner, v. M. MARTEL, Warden, Respondent. , E.D.Cal., November 2, 2009 FINDINGS AND RECOMMENDATIONS DALE A. DROZD, United States Magistrate Judge. Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 11, 2009, the undersigned ordered respondent to file a response to the petition. On May 7, 2009, respondent filed a motion to dismiss the petition, arguing that petitioner had failed to exhaust all of his federal constitutional claims by presenting them first to the California Supreme Court... Robert STILLWELL, Futurelink Corp., SDP Electronics, Inc., Electronic Marketing Corp., Plaintiffs, v. RADIOSHACK CORPORATION, Defendant. , S.D.Cal., November 2, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JEFFREY T. MILLER, District Judge. Defendant RadioShack Corporation ("RadioShack") is a national electronics retailer. Plaintiffs Robert Stillwell ("Stillwell"), Futurelink Corp. ("Futurelink"), SDP Electronics, Inc. ("SDP"), and Electronic Marketing Corp. ("EMC") operate or operated RadioShack franchise stores. Plaintiffs assert nine claims for relief against RadioShack: (1) breach of contract regarding the Ar... Raymond Keith REVIERE, Plaintiff, v. Leslie B. FLEMING, et al., Defendants. , S.D.Cal., November 2, 2009 ORDER SUA SPONTE DISMISSING FIRST AMENDED COMPLAINT FOR FAILING TO STATE A CLAIM AND FOR SEEKING MONETARY DAMAGES AGAINST IMMUNE DEFENDANTS PURSUANT TO 28 U.S.C. §§ 1915(e)(2) & 1915A IRMA E. GONZALEZ, Chief Judge. I. PROCEDURAL HISTORY On September 23, 2009, Raymond Keith Reviere ("Plaintiff"), a state inmate currently incarcerated in Kern Valley State Prison located in Delano, California and proceeding pro se, filed a civil rights action filed pursuant to 42 U.S.C. § 1983. In addition, ... Benny A. ESPINOZA, Petitioner, v. J. WALKER, Warden, Respondent. , N.D.Cal., November 2, 2009 ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS JEFFREY S. WHITE, District Judge. INTRODUCTION Benny A. Espinoza, a prisoner of the State of California currently incarcerated at the California State Prison-Sacramento in Represa, California, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 ("Petition"), challenging the constitutional validity of his state conviction. This Court ordered Respondent to show cause why the petition should not be granted. Respon... In re the PMI GROUP, INC. SECURITIES LITIGATION. This Document Relates to All Actions. , N.D.Cal., November 2, 2009 ORDER DENYING DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT SUSAN ILLSTON, District Judge. Defendants' motion to dismiss the first amended complaint is scheduled for a hearing on November 13, 2009. Pursuant to Civil Local Rule 7-1(b), the Court determines that the matter is appropriate for resolution without oral argument. For the reasons set forth below, the Court DENIES defendants' motion. The Court will hold a case management conference on December 16, 2009 at 2:30 pm. DISCUSSION [... Catherine PAGSOLINGAN, et al., Plaintiffs, v. DOWNEY SAVINGS AND LOAN ASSOCIATION F.A., et al., Defendants. , N.D.Cal., November 2, 2009 ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS AND REMANDING CASE TO SAN MATEO SUPERIOR COURT SUSAN ILLSTON, District Judge. Defendants' motions to dismiss the complaint are scheduled for a hearing on November 13, 2009. Pursuant to Civil Local Rule 7-1(b), the Court determines that the matters are appropriate for resolution without oral argument, and VACATES the hearing. The Court also VACATES the case management conference scheduled for November 13, 2009. For the reasons set forth belo... Benjamin FORD, Plaintiff, v. CONTRA COSTA COUNTY PUBLIC DEFENDER'S OFFICE, Mike Kelly, Terry Kochler, Defendants. , N.D.Cal., November 2, 2009 ORDER OF DISMISSAL JEFFREY S. WHITE, District Judge. Plaintiff, incarcerated at the West County Detention Center in Richmond, California, has filed a pro se civil rights complaint under 42 U.S.C. § 1983 against the public defender and the office of the public defender representing him on his criminal prosecution. He has also filed a motion to proceed in forma pauperis, which is now GRANTED in a separate order filed simultaneously (docket no. 7). DISCUSSION A. Standard of Review Federal cour... Alyn BELLOMI and Jody Bellomi, Plaintiffs, v. COUNTRYWIDE FINANCIAL CORPORATION, a Delaware Corporation, Ted Lewis Oberson, an individual, James "Jim" Taggart, an individual and Does 1 through 100, inclusive, Defendants. , N.D.Cal., November 2, 2009 Theodore Raymond Chavez, for Plaintiff. Deborah Anne Goldfarb, James Goldberg, Esq., for Defendants. ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND RONALD M. WHYTE, District Judge. Defendants' motion to dismiss came on for hearing before the court on October 30, 2009. Plaintiffs oppose the motion. Having considered the papers submitted by the parties the court posted its tentative order granting the motion to dismiss with leave to amend.