| Court: | cacd |
| Docket #: | 2:11-cv-06329 |
| Case Name: | Juan Medina et al v. Pile Trucking Inc et al |
| PACER case #: | 508621 |
| Date filed: | 2011-08-01 |
| Date terminated: | 2012-11-30 |
| Date of last filing: | 2013-08-23 |
| Assigned to: | Magistrate Judge Patrick J. Walsh |
| Case Cause: | 28:1441 Notice of Removal - Wrongful Death |
| Nature of Suit: | 350 Motor Vehicle |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Juan Medina Plaintiff |
Arash Homampour Michael J Rand Zaid Dean Hakkak |
| Ramona Medina Plaintiff |
Arash Homampour Michael J Rand Zaid Dean Hakkak |
| Pile Trucking Inc Defendant |
Barry Clifford Snyder Benjamin David Kingston Christopher E Faenza Emily Weissenberger Gregory M Smith Narguess Noohi Robert B Salley |
| Earl Pile Trucking Defendant |
Barry Clifford Snyder Benjamin David Kingston Emily Weissenberger Gregory M Smith Narguess Noohi Robert B Salley |
| Alvin Flynn Defendant |
Robert A Morgenstern Barry Clifford Snyder Emily Weissenberger Gregory M Smith Morgan Ashleigh Metzger Narguess Noohi Robert B Salley |
| Does Defendant 1 through 50 inclusive |
|
| Earl Pile Trucking Defendant |
Barry Clifford Snyder Benjamin David Kingston Emily Weissenberger Gregory M Smith Narguess Noohi Robert B Salley |
| Earl Pile Trucking Defendant |
Barry Clifford Snyder Benjamin David Kingston Emily Weissenberger Gregory M Smith Narguess Noohi Robert B Salley |
| Harco National Insurance Company Real Party In Interest Defendant |
Maureen M Michail |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-08-01 | 1 | 0 | NOTICE OF REMOVAL from Superior Court for the CA for the County of Los Angeles, case number BC 462497 with conforemed filed copy of summons and unconformed copy of complaint. Case assigned to Judge George H. King, Discovery to Magistrate Judge Jay C. Gandhi. (Filing fee $ 350 Paid. ), filed by Defendants Pile Trucking Inc, Alvin Flynn, Earl Pile Trucking.(et) (Additional attachment(s) added on 8/3/2011: # 1 Ntc of Asgmt, # 2 Civil Cover Sheet) (mg). (Entered: 08/02/2011) | 2014-01-29 03:42:37 | 94b12d9ab78fe7ff478f686ed093ad762735dc51 | |
| 1 | 1 | Ntc of Asgmt | ||||
| 1 | 2 | Civil Cover Sheet | ||||
| 2011-08-01 | 2 | 0 | DEMAND for Jury Trial filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (et) (mg). (Entered: 08/02/2011) | |||
| 2011-08-01 | 3 | 0 | CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (et) (mg). (Entered: 08/02/2011) | |||
| 2011-08-02 | 4 | 0 | CERTIFICATE OF SERVICE filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc, Notice to Adverse Party of Removal to Federal Court served on August 2, 2011. (Salley, Robert) (Entered: 08/02/2011) | |||
| 2011-08-04 | 5 | 0 | ORDER RE: CASE MANAGEMENT by Judge George H. King: This case has been assigned to the calendar of Judge George H. King. See document regarding special requirements. (bm) (Entered: 08/04/2011) | |||
| 2011-08-05 | 6 | 0 | ORDER SETTING SCHEDULING CONFERENCE by Judge George H. King: THIS MATTER IS SET FOR SCHEDULING CONFERENCE ON: MONDAY, OCTOBER 17, 2011 AT 1:30 P.M., at the Roybal Federal Building and Courthouse, 255 E. Temple Street, Suite 650, Los Angeles, California. Counsel primarily responsible for the conduct of this litigation and who has the authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed, or the party if unrepresented, SHALL ATTEND IN PERSON. By no later than SEPTEMBER 19, 2011, counsel for all appearing parties and all unrepresented appearing parties, if any, shall meet, in person, and discuss the matters set forth in Federal Rule of Civil Procedure 26(f) as well as those items identified in Part III, below. By no later than OCTOBER 3, 2011, counsel for all appearing parties and all unrepresented appearing parties, if any, shall file a joint "REPORT OF PARTIES' PLANNING MEETING" which shall (1) be so labeled, (2) state the date of the Scheduling Conference set above by this Order, and (3) address not only those subjects in Rule 26(f), but also the following: (see document for further details). (bm) (Entered: 08/05/2011) | |||
| 2011-08-11 | 7 | 0 | DEMAND for Jury Trial filed by Plaintiff Juan Medina, Ramona Medina.. (Rand, Michael) (Entered: 08/11/2011) | |||
| 2011-10-03 | 8 | 0 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 9 days, filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc.. (Salley, Robert) (Entered: 10/03/2011) | |||
| 2011-10-14 | 9 | 0 | MINUTE: IN CHAMBERS ORDER: On the Courts own motion, the above-entitled matter set for scheduling conference on Monday, October 17, 2011, is hereby TAKEN OFF CALENDAR and the hearing date is VACATED. The Court will issue such orders as deemed appropriate. No appearance by counsel is necessary IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 10/14/2011) | |||
| 2011-11-08 | 10 | 0 | MINUTE ORDER IN CHAMBERS ENTERING SCHEDULING DATES by Judge George H. King: We have considered the Joint Report of Parties' Planning Meeting, and now enter the following scheduling order: 1. Any stipulation or motion to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than December 7, 2011, failing which it shall be deemed that party's waiver of any such amendments in this action. 2. All discovery (fact and expert) shall be COMPLETED by no later than May 7, 2012. Completion means that any discovery that is not received in hand by the requesting party by the completion date will be denied. If any discovery motions are necessary, the parties shall ensure that they are calendared and heard by the magistrate judge sufficiently in advance of the completion date to permit actual production, by the completion date, of any discovery the judge might order. 3. The parties shall designate their expert witnesses, and make the required disclosures, by no later than March 5, 2012, and do likewise for any rebuttal expert witnesses by no later than March 26, 2012. 4. The parties shall comply with Local Rule 16-15 as follows: a) First, this case may benefit for early settlement discussions. Accordingly, we order the parties to contact the court clerk to Judge Jay C. Gandhi to set a time for an early settlement conference by no later than December 19, 2011. Within 10 days hereof, counsel shall file a joint status report with the court setting forth the date set for the early settlement conference. If the case settles, counsel shall notify the court clerk forthwith. If the case does not settle, counsel shall file a joint status report with the court within 48 hours of termination of settlement discussions; b) If the case is not resolved at the early settlement conference, the parties shall conduct a follow-up settlement conference by no later than May 18, 2012. Thereafter, counsel shall file a joint status report with the court within 48 hours of conclusion of the settlement conference to advise the court of the result of such settlement conference. 5. Pre-trial conference is set for June 18, 2012 at 4:30 p.m. 6. Jury trial is set for June 26, 2012 at 8:30 a.m. The parties' trial estimates are excessive for this simple and straightforward case. We now provide the parties with 6 HOURS per side to present their cases, excluding jury selection, opening statements, jury instructions and final arguments. 7. Failure by any party and/or counsel to strictly comply with the Federal and Local Rules, as well as our Orders, will result in the imposition of an appropriate sanction against the offending party/counsel. (bm) (Entered: 11/09/2011) | |||
| 2011-11-17 | 11 | 0 | MINUTE ORDER IN CHAMBERS REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Jay C. Gandhi: IT IS ORDERED as follows: The parties and their lead trial counsel shall appear for a settlement conference on December 19, 2011 at 2:00 p.m., in Courtroom 827-A of the United States Courthouse, 312 North Spring Street, 8th Floor, Los Angeles, California 90012. The parties and their lead trial counsel shall keep their schedule clear for the remaining part of the day. (bem) (Entered: 11/17/2011) | |||
| 2011-12-19 | 12 | 0 | MINUTES OF Settlement Conference held before Magistrate Judge Jay C. Gandhi: Matter called and appearances made. Plaintiffs and their lead counsel appear, along with a Spanish-speaking interpreter for Plaintiffs. Defendants' lead counsel appears. Despite the Court's Order of November 17, 2011, none of the three Defendants appear. Further, and again despite the Court's Order of November 17th, no insurance company representative appears. Neither Defendants, nor the insurance company representative sought leave for non-appearance, or to attend via telephone, or otherwise advised the Court prior to the Settlement Conference of their intent not to appear in person. Notwithstanding Defendants' violations, the Court still privately caucused with the parties and their counsel in an attempt to resolve the matter. The parties were unable to reach a resolution. (See document for details) Court Recorder: CS 12/19/11. (bem) (Entered: 12/20/2011) | |||
| 2012-01-13 | 13 | 0 | First STIPULATION to Substitute attorney Barry Clifford Snyder in place of attorney Robert B. Salley filed by defendant Pile Trucking Inc.(Snyder, Barry) (Entered: 01/13/2012) | |||
| 2012-01-13 | 14 | 0 | First STIPULATION to Substitute attorney Barry Clifford Snyder in place of attorney Robert B. Salley filed by defendant Alvin Flynn. (Attachments: # 1 Proposed Order)(Snyder, Barry) (Entered: 01/13/2012) | |||
| 2012-01-13 | 15 | 0 | First STIPULATION to Substitute attorney Barry Clifford Snyder in place of attorney Robert B. Salley filed by defendant Earl Pile Trucking. (Attachments: # 1 Proposed Order)(Snyder, Barry) (Entered: 01/13/2012) | |||
| 2012-01-13 | 16 | 0 | Letter to Judge Requesting Scheduling and Case Management Order (Snyder, Barry) **STRICKEN PURSUANT TO RESPONSE BY THE COURT FILED 1/18/12**Modified on 1/18/2012 (ir). (Entered: 01/13/2012) | |||
| 2012-01-18 | 17 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Letter 16 , Stipulations to Substitute Attorney 13 , 14 , 15 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Requests-Substitute Attorney (G-01) 13 - 15 . Other error(s) with document(s): Proposed order not submitted as a separate attachment to document 13 . The court notes that this document was correctly re-filed as document 14 . Letters filings are not permitted by the court per Local Rule 83-2.11. 16 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/18/2012) | |||
| 2012-01-18 | 18 | 0 | RESPONSE BY THE COURT TO NOTICE TO FILER OF Deficiencies in Electronically filed documents: Stipulation to Substitute Attorney 13 , Stipulation to Substitute Attorney 14 and Stipulation to Substitute Attorney 15 accepted for filing. Letter 16 is stricken from the record pursuant to Local Rule 83-2.11. (ir) (Entered: 01/18/2012) | |||
| 2012-01-20 | 19 | 0 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King Granting Barry Snyder, Esq. for defendant Earl Pile Trucking in place and stead of Tharpe & Howell, LLP, attorney Narguess Noohi and Robert B Salley. (lw) (Entered: 01/23/2012) | |||
| 2012-01-20 | 20 | 0 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King Granting Barry Snyder, Esq for defendant Alvin Flynn in place and stead of attorney Narguess Noohi and Robert B Salley from Tharpe & Howell, LLP. (lw) (Entered: 01/23/2012) | |||
| 2012-01-20 | 21 | 0 | ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King Granting Barry Snyder, Esq. for defendant Pile Trucking, Inc. in place and stead of attorney Narguess Noohi and Robert B Salley of Tharpe & Howell, LLP. (lw) (Entered: 01/23/2012) | |||
| 2012-02-28 | 22 | 0 | NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING Joint Report of Parties Re: settlement conference order of December 19, 2011 submitted by Plaintiffs Juan Medina, Ramona Medina received on 2/22/12 is not to be filed but instead rejected. Denial based on: General Order 08-02: Case is designated for electronic filing. (bm) (Entered: 02/28/2012) | |||
| 2012-03-01 | 23 | 0 | STATUS REPORT Joint Report of Parties Re Settlement conference Order of 12.19.11 filed by Plaintiff Ramona Medina. (Rand, Michael) (Entered: 03/01/2012) | |||
| 2012-03-05 | 24 | 0 | Joint Stipulation to Continue the Deadline to Exchange Expert Reports (Snyder, Barry) (Entered: 03/05/2012) | |||
| 2012-03-06 | 25 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to continue the deadline to exchange reports 24 . The following error was found: Incorrect event selected. The correct event is: Other Filings - Stipulation - continue. Proposed document was not submitted as separate attachment, No Proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) Modified on 3/6/2012 (ir). (Entered: 03/06/2012) | |||
| 2012-03-07 | 26 | 0 | MINUTE ORDER IN CHAMBERS REGARDING SECOND SETTLEMENT CONFERENCE by Magistrate Judge Jay C. Gandhi: IT IS ORDERED as follows: The parties and their lead trial counsel shall appear for a second settlement conference on May 10, 2012 at 10:00 a.m., in Courtroom 827-A of the United States Courthouse, 312 North Spring Street, 8th Floor, Los Angeles, California 90012. The parties and their lead trial counsel shall keep their schedule clear for the remaining part of the day. (See Order for details) (bem) (Entered: 03/07/2012) | |||
| 2012-03-08 | 27 | 0 | JOINT REPORT OF PARTIES RE SETTLEMENT CONFERENCE filed by Plaintiffs Juan Medina, Ramona Medina (Rand, Michael) (Entered: 03/08/2012) | |||
| 2012-03-12 | 28 | 0 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS. In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents, the Stipulation to Continue Deadline of Expert Reports 24 is stricken. Parties shall re-file Stipulation and attach Proposed Order by no later than 3/13/12. (mg) (Entered: 03/13/2012) | |||
| 2012-04-16 | 29 | 0 | DECLARATION of Barry Clifford Snyder Re Order on Settlement Conference filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Snyder, Barry) (Entered: 04/16/2012) | |||
| 2012-04-26 | 30 | 0 | NOTICE OF MOTION AND MOTION for Sanctions Spoliation of Material Evidence filed by defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. Motion set for hearing on 5/14/2012 at 09:00 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Snyder, Barry) (Entered: 04/26/2012) | |||
| 2012-04-27 | 31 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Sanctions Spoliation of Material Evidence 30 . The following error(s) was found: Hearing information is not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw) (Entered: 04/27/2012) | |||
| 2012-05-01 | 32 | 0 | Amendment to MOTION for Sanctions Spoliation of Material Evidence 30 filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Snyder, Barry) (Entered: 05/01/2012) | |||
| 2012-05-02 | 33 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Notice of Motion for Sanctions 32 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Motions-Sanctions. Other error(s) with document(s): counsel does not have authority to change the court's calendar once an incorrectly noticed motion is submitted. Document should have been e-filed as a motion and not linked back to incorrectly noticed motion, using correct event. Docket entry text does not indicate noticed motion hearing date. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 05/02/2012) | |||
| 2012-05-02 | 34 | 0 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 33 by Clerk of Court that the document is accepted as filed. Other: Counsel directed to file amended notice of motion RE: Amended Notice of Motion for Sanctions 32 . (bm) (Entered: 05/02/2012) | |||
| 2012-05-02 | 35 | 0 | RESPONSE BY THE COURT TO NOTICE to Filer of Deficiencies in Electronically filed documents: The document is accepted as filed. Court notes Defendant has filed an amended notice of motion with the correct date and time RE: Notice of Motion for Sanctions 30 . (ir) (Entered: 05/03/2012) | |||
| 2012-05-10 | 36 | 0 | MINUTES OF Second Settlement Conference held before Magistrate Judge Jay C. Gandhi: Matter called and appearances made. Plaintiffs and their lead counsel appear, along with a Spanish-speaking interpreter for Plaintiffs. Defendants' lead counsel fails to appear. Defendants fail to appear. A joint session was held. The parties were unable to reach a resolution. (See order for details) Court Recorder: CS 5/10/12. (bem) (Entered: 05/11/2012) | |||
| 2012-05-14 | 37 | 0 | Notice of Withdrawal of Motion for Sanctions, 30 , Amendment (Motion related) 32 filed by defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Snyder, Barry) (Entered: 05/14/2012) | |||
| 2012-05-14 | 38 | 0 | STATUS REPORT of the Parties re Settlement Conference filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Snyder, Barry) (Entered: 05/14/2012) | |||
| 2012-05-18 | 39 | 0 | MINUTE ORDER IN CHAMBERS re: Motions in Limine by Judge George H. King: The Parties SHALL FILE any motions in limine in a joint-brief format as set forth below by no later than June 4, 2012. Any such motions shall be heard at the pre-trial conference set for June 18, 2012. Before filing any motions in limine, the Parties shall meet and confer in person to discuss each issue expected to be raised in a motion in limine. At the meet and confer, the Parties shall be prepared to discuss any authority expected to be relied upon in bringing a motion in limine and shall make a good faith effort to resolve any disputes through reasonable accommodations. If the Parties are unable to resolve any disputes, they shall prepare a fully integrated joint brief setting forth the issue to be decided, and followed immediately by the moving party's argument and authorities, and then followed immediately by the opposing party's argument and authorities. If there is more than one issue, all subsequent issues shall be addressed in like manner seriatim. If both Parties intend to raise issues through motions in limine, the Parties shall fully address each of Plaintiffs' issues in the joint brief before addressing each of Defendants' issues. In preparing the joint brief, the Parties should not merely cut and paste what would normally be a Motion, Opposition, and Reply into a single document. Indeed, a joint brief contains no functional equivalent of a "Reply" section. Rather, the joint brief format shall be a joint effort in which the Parties work together to clarify the disputed issues and their analyses. Each Party's sections of the joint brief should make arguments and also be responsive to the opposing Party's arguments. As such, the Parties may make revisions of their sections throughout the joint brief process, thus requiring no additional "Reply" sections. Should the Parties fail to comply with the precise letter of our instructions, we will deny any such motion and proceed to trial. Failure to timely and adequately comply with this order or any other pre-trial order SHALL result in the imposition of an appropriate sanction against the offending party. (bm) (Entered: 05/18/2012) | |||
| 2012-05-24 | 40 | 0 | NOTICE of Association of Counsel associating attorney Arash Homampour on behalf of Plaintiffs Juan Medina, Ramona Medina. Filed by Plaintiffs Juan Medina, Ramona Medina (Homampour, Arash) (Entered: 05/24/2012) | |||
| 2012-05-25 | 41 | 0 | ORDER by Magistrate Judge Jay C. Gandhi, IT IS HEREBY ORDERED THAT: 1. Defendants Alvin Flynn and Defendant Pile Trucking, Inc. are sanctioned $1,500.00 each. It appears that Defendant Earl Pile Trucking is not an actual entity and, therefore, no sanctions are imposed against Pile Trucking separately, so as not to impose double harm on any Defendant. 2. Defendants counsel shall provide a copy of this entire Order to Defendants. 3. Each of Defendants counsel warrants sanctions, but each should be liable for his proportionate culpability. Barry C. Synder merits $3,000.00, at a minimum, as lead counsel. Sean R. Burnett merits $1,500.00. The Court is cognizant that, unlike Snyder and Burnett, Gregory M. Smith may have lacked supervisory responsibility in this case, but he did bear the duty, like all counsel, to follow the Courts Order. Smith merits $500.00. 4. Defendants and Defendants counsel shall thus remit a total payment of $8,000 to the Clerk of Court within 14 calendar days. Failure to comply may result in the Court resorting to additional remedies. 5. Plaintiffs and their counsel are granted leave to file an application, sufficiently supported with evidence, seeking a recoupment of the fees and costs, including attorneys fees and expert costs, that Plaintiffs and their counsel incurred for their preparation, attendance, and participation in the follow-up settlement conference. Pursuant to the Courts Local Rules, Plaintiffs and Defendants shall first meet and confer on this application, and shall attempt to resolve it informally with an eye towards reasonable compromises. re Settlement Conference, 36 , Settlement Conference 12 , Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings 10 (SEE ORDER FOR FURTHER DETAILS) (lmh) (Entered: 05/25/2012) | |||
| 2012-05-29 | 42 | 0 | MINUTE ORDER IN CHAMBERS Motion by Defendants for Sanctions for Spoliation of Material Evidence; [#30] by Judge George H. King: In light of the Defendant's request to take the hearing on defendants motion for sanctions for the spoilation of material evidence off calendar. Request is GRANTED. Defendant's motion for sanctions for the spoilation of material evidence is hereby WITHDRAWN. (bm) (Entered: 05/29/2012) | |||
| 2012-05-29 | 43 | 0 | Witness List filed by Plaintiffs Juan Medina, Ramona Medina.. (Homampour, Arash) (Entered: 05/29/2012) | |||
| 2012-05-29 | 44 | 0 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Juan Medina, Ramona Medina. (Homampour, Arash) (Entered: 05/29/2012) | |||
| 2012-05-29 | 45 | 0 | Joint Exhibit List Earl Pile Trucking, Alvin Flynn, Juan Medina, Ramona Medina, Pile Trucking Inc.. (Homampour, Arash) (Entered: 05/29/2012) | |||
| 2012-05-29 | 46 | 0 | Witness List filed by defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc.. (Snyder, Barry) (Entered: 05/29/2012) | |||
| 2012-05-29 | 47 | 0 | Joint PRETRIAL STIPULATION regarding Exhibits and/or Facts. (Homampour, Arash) (Entered: 05/29/2012) | |||
| 2012-05-29 | 48 | 0 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Snyder, Barry) (Entered: 05/29/2012) | |||
| 2012-06-04 | 49 | 0 | STIPULATION for Order on Motions in Limine and Evidence at Trial filed by Plaintiffs Juan Medina, Ramona Medina. (Attachments: # 1 Proposed Order)(Homampour, Arash) (Entered: 06/04/2012) | |||
| 2012-06-04 | 50 | 0 | NOTICE filed by Plaintiffs Juan Medina, Ramona Medina. RE request and Intent to Use Electronic Equipment at Trial (Homampour, Arash) (Entered: 06/04/2012) | |||
| 2012-06-04 | 51 | 0 | Witness List filed by Plaintiffs Juan Medina, Ramona Medina.. (Homampour, Arash) (Entered: 06/04/2012) | |||
| 2012-06-04 | 52 | 0 | Joint BRIEF filed by Joint Parties Earl Pile Trucking, Alvin Flynn, Juan Medina, Ramona Medina, Pile Trucking Inc. RE Motions in Limine (Attachments: # 1 Exhibit Exhibits 1 to 9)(Homampour, Arash) (Entered: 06/04/2012) | |||
| 2012-06-05 | 53 | 0 | NOTICE OF LODGING filed RE Exhibit Nos 3 and 9 in Support of Joint re Motions in Limine re Brief (non-motion non-appeal) 52 (Homampour, Arash) (Entered: 06/05/2012) | |||
| 2012-06-05 | 54 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request and Intent to Use Electronic Equipment 50 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Requests-Order. Other error(s) with document(s): proposed order was not submitted as a separate, additional attachment to the Request. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 06/05/2012) | |||
| 2012-06-05 | 55 | 0 | NOTICE OF LODGING Joint Exhibit Nos 3 and 9 in support of Joint Brief regarding the Parties' Motions in limine filed by Plaintiffs Juan Medina, Ramona Medina (ir) (Entered: 06/07/2012) | |||
| 2012-06-08 | 56 | 0 | Joint PRETRIAL STIPULATION regarding Exhibits / Pretrial Order. (Homampour, Arash) (Entered: 06/08/2012) | |||
| 2012-06-08 | 57 | 0 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 54 by Clerk of Court that the document is accepted as filed. RE: Request and Intent to Use Electronic Equipment 50 . (bm) (Entered: 06/08/2012) | |||
| 2012-06-08 | 58 | 0 | OBJECTIONS to Order,,,,,,, 41 filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Attachments: # 1 Exhibits)(Snyder, Barry) (Entered: 06/08/2012) | |||
| 2012-06-11 | 59 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Proposed Pretrial Conference Order 56 . The following errors were found: Incorrect event selected. Proposed Document was not submitted as a separate attachment. The correct event is: Notice of Lodging Proposed pretrial Conference under Notices. Proposed Orders should be an attachment to the main document. The main document could have been Notice of Lodging (SEE CORRECT EVENT ABOVE). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) (Entered: 06/11/2012) | |||
| 2012-06-12 | 60 | 0 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court, by Beatrice Herrera, Clerk to Judge King: DOCUMENT IS STRICKEN. PLAINTIFF SHALL RE-FILE AS A "NOTICE OF LODGING" AND ATTACH THE PROPOSED PRETRIAL ORDER BY NO LATER THAN JUNE 13, 2012. RE: (Proposed) Pretrial Conference Order 56 (lw) (Entered: 06/12/2012) | |||
| 2012-06-12 | 61 | 0 | NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiffs Juan Medina, Ramona Medina. (Attachments: # 1 Proposed Order)(Homampour, Arash) (Entered: 06/12/2012) | |||
| 2012-06-12 | 62 | 0 | ORDER by Judge George H. King re Stipulation 49 . It is hereby orderedthat: 1. Evidence or testimony relating to decedent Sophia Medina's school records, grades, interest in college or interest in becoming a doctor is excluded; 2. Evidence or testimony of the investigating officer as to fault or violations of law or code is excluded; 3 The parties' experts cannot provide opinions that: i) decedent Sophia Medina should or should not have been riding on the sidewalk on Goodrich Boulevard, ii) that the sidewalk was or was not the safest place to ride, iii) that the road was or was not the safest place to ride, or that iv) Goodrich Boulevard was or was not the safest route (or that another route was or was not the safest route (or safer route.) 4. Expert testimony that decedent or Defendant Flynn acted with or without due care, reasonably or unreasonably, negligently or not negligently or violated or did not violate any laws is excluded. 5. Evidence or testimony relating to Defendant Flynn's prior driving accidents, citations, tickets, or violations is excluded. 6. Electronic information extracted from Sophia Medina's cell phone's SIM card known to have been created by Ms. Medina's phone outside of the period of 12 hours before to 6 hours after the incident will be excluded. 7. The parties and their attorneys are ordered to (and they are to advise all oftheir lay or expert witnesses to) not to attempt to convey to the jury, directly or indirectly, as to any evidence, testimony, or argument precluded by this Order without first obtaining permission of the Court outside the presence and hearing of the jury. The parties' attorneys are to advise their lay and expert witnesses of this Court order and the need to comply with it. (ir) (Entered: 06/12/2012) | |||
| 2012-06-12 | 63 | 0 | NOTICE of Intent to Use Electronic Equipment at Trial filed by defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Snyder, Barry) (Entered: 06/12/2012) | |||
| 2012-06-13 | 64 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request and Notice of Intent 63 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Requests-Order. Other error(s) with document(s): proposed order was not submitted as a separate, additional attachment to the Request. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 06/13/2012) | |||
| 2012-06-14 | 65 | 0 | TRANSCRIPT ORDER for date of proceedings 5/10/10 to 5/10/12 Court Smart (CS). Transcript portion requested: Category: Daily. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (ha) (Entered: 06/14/2012) | |||
| 2012-06-12 | 66 | 0 | MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge George H. King: The Court conducts telephonic status conference with counsel regarding the present trial date, plaintiff's scheduling conflict and the issue of consent. Counsel seek reconsideration of time allotted for trial. Having heard from counsel, the Court directs counsel to contact the court clerk by no later than noon, June 13, 2012, on the issue of consent to proceed before Magistrate Judge. Court Reporter: N/R. (bm) (Entered: 06/15/2012) | |||
| 2012-06-15 | 67 | 0 | TRANSCRIPT for proceedings held on 5/10/12 10:10 a.m.. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/6/2012. Redacted Transcript Deadline set for 7/16/2012. Release of Transcript Restriction set for 9/13/2012. (ha) (Entered: 06/15/2012) | |||
| 2012-06-15 | 68 | 0 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court by Beatrice Herrera, Clerk to Judge King: The document is accepted as filed. RE: Request and Notice of Intent, 63 (lw) (Entered: 06/15/2012) | |||
| 2012-06-18 | 69 | 0 | NOTICE of Appearance filed by attorney Barry Clifford Snyder on behalf of Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc (Snyder, Barry) (Entered: 06/18/2012) | |||
| 2012-06-19 | 70 | 0 | STATEMENT of Consent to Proceed Before a United States Magistrate Judge (Snyder, Barry) (Entered: 06/19/2012) | |||
| 2012-06-14 | 71 | 0 | MINUTES OF Telephonic Status Conference held before Judge George H. King: The court conducts a telephonic status conference with counsel. The Court and counsel confer regarding parties desire to consent to a magistrate judge for trial and their continuing efforts to schedule a mutually convenient time for trial before Judge Walsh. Counsel are directed to contact the court clerk by Friday, June 15, 2012 to advise her of the status of the foregoing. Court Reporter: Not Reported. (lw) (Entered: 06/19/2012) | |||
| 2012-06-19 | 72 | 0 | MINUTE ORDER IN CHAMBERS by Judge George H. King: In light of the parties, willingness to consent to proceed before a Magistrate Judge, the presently set Pre-trial conference and trial dates are hereby TAKEN OFF CALENDAR to be RESET by the Magistrate Judge. (bm) (Entered: 06/19/2012) | |||
| 2012-06-19 | 73 | 0 | MINUTE ORDER IN CHAMBERS re: Consent to Trial by Magistrate Judge Walsh by Judge George H. King: The Parties have advised the Clerk that they are willing to consent to Magistrate Judge Patrick Walsh for trial in this case. We hereby approve this consent. However, we exclude from the consent, with Judge Walsh's concurrence, the pending Objection to Magistrate Judge Gandhi's Sanction Order ("Objection"). The subject of the Objection and Sanction Order shall remain with us and Judge Gandhi to resolve as is or may be necessary. (bm) (Entered: 06/19/2012) | |||
| 2012-06-20 | 74 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent to Proceed Before a U.S. Magistrate Judge 70 . The following error(s) was found: Incorrect event selected. The correct event is: Case Referrals/Consents to Proceed-Consent to Proceed (CV-11D) before US Magistrate Judge Voluntary Program. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 06/20/2012) | |||
| 2012-06-20 | 75 | 0 | NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to minute orders filed on 06/19/2012. Case transferred to Magistrate Judge Patrick J. Walsh for all further proceedings. Case number will now read CV 11-06329 PJW. (rn) (Entered: 06/20/2012) | |||
| 2012-06-15 | 76 | 0 | MINUTE ORDER RE: Scheduling Conference by Telephone by Magistrate Judge Patrick J. Walsh: The Court met with counsel for the parties on the telephone to discuss available dates for trial. The conference was not recorded or reported. The Court informed counsel that it is available for trial on August 20, 2012, and counsel agreed that that date was acceptable. Counsel are directed to file a consent to proceed before the magistrate judge no later than Friday June 22, 2012. The Court sets the following schedule: June 29, 2012 Deadline for filing motions in limine; August 8, 2012 Filing of special jury instructions; tentative decision on motions in limine; August 10, 2012 Final Pretrial Conference (12:00 noon); August 20, 2012 Trial (9:00 a.m.). The trial will begin on Monday, August 20, 2012, at 9:00 and end no later than noon on August 24, 2012. Jury instructions and closing argument will begin after lunch on August 20th. The parties will be allowed 20 minutes each for voir dire. Each side will be allowed three peremptory challenges. (ca) (Entered: 06/20/2012) | |||
| 2012-06-20 | 77 | 0 | MINUTE ORDER (IN CHAMBERS) ORDER RE: Objections to Magistrate Judge's Sanction Order by Judge George H. King:...We hereby VACATE the Sanction Order and remand this matter to Judge Gandhi for further proceedings consistent with this Order. This Order does not preclude Judge Gandhi from issuing any such further orders regarding sanctions as he deems appropriate after considering whatever showing and arguments counsel and Defendants may make to him. In light of the foregoing, we need not address at this time Defendants' argument as to whether they had engaged in sanctionable conduct. Defendants' Objection is GRANTED. The Sanction Order is hereby VACATED and this matter is remanded to Judge Gandhi for further proceedings consistent with this Order. re: Objections 58 . (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 06/20/2012) | |||
| 2012-06-26 | 78 | 0 | MINUTE ORDER RE: Preliminary Ruling Relating to Defendants' Animations Video by Magistrate Judge Patrick J. Walsh: The Court has read and considered the parties' arguments relating to Plaintiffs' Motion to Exclude Defendants' Animations and preliminarily rules as follows, 52 . (Doc. No. 52, Part II.) Though the Court is not yet prepared to rule on the merits of the Motion, it agrees with Plaintiffs that the animations video should have been produced well in advance of the depositions of Defendants experts so that Plaintiffs'counsel could have reviewed the video and discussed it with their experts before the depositions. Because it was not shared with them until after the depositions, Plaintiffs are at a disadvantage. For that reason, the Court orders that Plaintiffs' counsel may depose Mr. Gerald Bretting and Mr. MichaelCallahan for two hours each on a mutually agreed date between now and July 31, 2012. The depositions will take place in Plaintiffs' counsel's office, unless counsel agree to hold the depositions elsewhere. Plaintiffs will bear the cost of the court reporter, but Defendants will be required to compensate theirexperts for any expert fees incurred in preparing for and attending the depositions. The scope of the depositions will be limited to the animations video. Plaintiffs' counsel should inform the court clerk (Ms. Celia Anglon-Reed ((213) 894-8958)) of when the depositions will take place so that the Court canbe available by telephone to referee any disputes that may arise during the depositions. No later than August 3, 2012, Plaintiffs shall file a two-page supplemental brief explaining whether their position on their motion in limine to exclude the animations video has changed and why, or why not. Defendants may file a two-page supplemental brief no later than August 6, 2012, setting forth their position and responding to Plaintiffs. (ca) (Entered: 06/26/2012) | |||
| 2012-06-28 | 79 | 0 | STIPULATION to Produce Graphic and Illustrative Materials Prior to Trial filed by Plaintiff Juan Medina, Ramona Medina. (Attachments: # 1 Proposed Order)(Homampour, Arash) (Entered: 06/28/2012) | |||
| 2012-06-29 | 80 | 0 | ORDER ON STIPULATION RE DISCLOSURE OF GRAPHIC AND ILLUSTRATIVE MATERIALS PRIOR TO TRIAL by Magistrate Judge Patrick J. Walsh, GRANTING Stipulation to Produce, 79 . Based on good cause shown and the stipulation of the parties, it is hereby ordered that: 1. The deadline to exchange graphics and illustrative material under L.R. 16-3 is extended to July 16, 2012; 2 Any exhibits, graphics or illustrative materials the parties intend on using in their Opening Statement or Opening Statement PowerPoint (but not the PowerPoint itself) are to be identified to the other party by August 9, 2012 and before the Pre-TrialConference so that the parties can have the Court address any issues related thereto. (ca) (Entered: 06/29/2012) | |||
| 2012-07-03 | 81 | 0 | EX PARTE APPLICATION of Barry Clifford Snyder / Gregory M. Smith to Withdraw as Attorney filed by defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Attachments: # 1 Proposed Order)(Snyder, Barry) (Entered: 07/03/2012) | |||
| 2012-07-03 | 82 | 0 | MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED AGAINST DEFENDANTS AND DEFENDANTS COUNSEL FOR FAILURE TO COMPLY WITH COURT ORDER PURSUANT TO FED. R. CIV. P. 16 by Magistrate Judge Jay C. Gandhi, The Court is contemplating that Plaintiffs and their counsel should be granted leave to file an application, sufficiently supported with evidence, seeking a recoupment of the fees and costs, including attorneys fees and expert costs, that Plaintiffs and their counsel incurred for their preparation, attendance, and participation in the settlement conference at issue. Accordingly now, Defendant Alvin Flynn, Defendant Pile Trucking Inc., Barry C. Snyder, Sean R. Burnett, and Gregory M. Smith, and each of them, shall show all cause, if any there be, why each of them should not be sanctioned for the reasons stated above, including the alleged sanctionable conduct of failing to comply with the Courts Order of March 7, 2012 and pursuant to the Courts sanctioning authority under Fed. R. Civ. P. 16 and Ninth Circuit precedent, and for any other reasons whatsoever that Defendants and Defendants counsel may wish to submit for consideration on the sanctions issue. In response to the foregoing Order to Show Cause, Defendants and Defendants counsel shall submit their brief(s), along with any evidence, on or before July 24, 2012. Counsel are reminded to file mandatory paper chambers copies. (SEE ORDER FOR FURTHER DETAILS) (lmh) (Entered: 07/03/2012) | 2012-07-04 07:09:56 | 74ebbb7b8f200f22bed667e1aefd74eec5983b83 | |
| 2012-07-06 | 83 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh Telephone Conference set for 7/10/2012 at 11:00 AM before Magistrate Judge Patrick J. Walsh re: EX PARTE APPLICATION of Barry Clifford Snyder / Gregory M. Smith to Withdraw as Attorney, 81 . Please call in using the call-in information sent to you by email.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY (Entered: 07/06/2012) | |||
| 2012-07-10 | 84 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh re: Text Only Scheduling Notice, 83 the previously scheduled telephone conference set for 07/10/12 at 11:00 AM has been continued to 7/10/2012 at 04:00 PM before Magistrate Judge Patrick J. Walsh. Please call in using the call-in information sent to you by email.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(afe) TEXT ONLY ENTRY (Entered: 07/10/2012) | |||
| 2012-07-10 | 85 | 0 | RESPONSE filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Incto Order to Show Cause,,,,, 82 (Snyder, Barry) (Entered: 07/10/2012) | |||
| 2012-07-10 | 86 | 0 | MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh. Case called, appearances made. Court and counsel discuss the Ex Parte Application of Barry Clifford Snyder and Gregory M. Smith to Withdraw as Counsel. (Docket # 81 ). Court instructs Plaintiff's counsel to meet and confer. Telephonic Hearing continued to 4:00 p.m.Court Recorder: XTR 07/10/12. (afe) (Entered: 07/13/2012) | |||
| 2012-07-10 | 87 | 0 | MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh. Court and counsel discuss Defendants' Counsel's Ex Parte Application to Withdraw. (Docket # 81 ). Deadline for Expert Deposition is set for August 10, 2012. Counsel has until August 24, 2012 to file a Motion to Limit the Defendants to one defense. Previous trial date is VACATED. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS)Court Recorder: XTR 07/10/12. (afe) (Entered: 07/13/2012) | |||
| 2012-07-17 | 88 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh. Final Pretrial Conference scheduled for 08/10/2012 at 12:00 p.m. is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY (Entered: 07/17/2012) | |||
| 2012-07-18 | 89 | 0 | NOTICE of Appearance filed by attorney Emily Weissenberger on behalf of Defendant Alvin Flynn (Weissenberger, Emily) (Entered: 07/18/2012) | |||
| 2012-07-19 | 90 | 0 | NOTICE of Appearance filed by attorney Robert A Morgenstern on behalf of Defendant Alvin Flynn (Morgenstern, Robert) (Entered: 07/19/2012) | |||
| 2012-07-19 | 91 | 0 | NOTICE of Appearance filed by attorney Morgan Ashleigh Metzger on behalf of Defendant Alvin Flynn (Metzger, Morgan) (Entered: 07/19/2012) | |||
| 2012-08-09 | 92 | 0 | Joint STIPULATION for New Trial on 10/29/2012 filed by Plaintiff Juan Medina, Ramona Medina.(Homampour, Arash) (Entered: 08/09/2012) | |||
| 2012-08-10 | 93 | 0 | ORDER by Magistrate Judge Patrick J. Walsh, GRANTING Stipulation for New Trial, 92 . IT IS HEREBY ORDERED: Trial set for 10/29/2012 at 9:00 a.m.; Final Pretrial Conference set for 10/22/2012 at 1:30 PM before Magistrate Judge Patrick J. Walsh. (ca) (Entered: 08/13/2012) | |||
| 2012-08-23 | 94 | 0 | SUPPLEMENT BRIEF ON MOTION IN LIMINE TO EXCLUDE DEFENDANTS' ANIMATIONS filed by Plaintiff Juan Medina. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Homampour, Arash) (Entered: 08/23/2012) | |||
| 2012-08-24 | 95 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement(Motion related) 94 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): On all documents subsequently filed in this case; please substitute the initials PJW after the case number in place of the prior judge so that the case number will read: CV 11-06329-PJW. This is very important because documents are routed to the assigned judge by means of these initials. Please send a courtesy copy to Judge Walsh chambers immediately. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ca) (Entered: 08/24/2012) | |||
| 2012-08-27 | 96 | 0 | NOTICE OF MOTION AND Supplemental MOTION IN LIMINE 2 to Exclude Defendants' Animation Opposition filed by Defendant Alvin Flynn. Motion set for hearing on 10/22/2012 at 09:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: # 1 Declaration Michael Callahan, # 2 Exhibit Deposition of Michael Callahan, # 3 Exhibit Deposition of Gerald Bretting, # 4 Exhibit Police Photos)(Weissenberger, Emily) (Entered: 08/27/2012) | |||
| 2012-08-28 | 97 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplemental MOTION IN LIMINE 2 to Exclude Defendants' Animation Opposition, 96 . The following error(s) was found: Incorrect document is attached to the docket entry. Hearing information is missing, incorrect, or not timely.Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ca) (Entered: 08/28/2012) | |||
| 2012-08-28 | 98 | 0 | STIPULATION to Clarify Counsel's Representation of Defendants at Trial filed by Plaintiff Juan Medina, Ramona Medina.(Homampour, Arash) (Entered: 08/28/2012) | |||
| 2012-08-29 | 99 | 0 | NOTICE of Errata filed by Defendant Alvin Flynn. (Weissenberger, Emily) (Entered: 08/29/2012) | |||
| 2012-09-21 | 100 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh Telephone Conference set for 9/25/2012 at 12:15 PM before Magistrate Judge Patrick J. Walsh. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY (Entered: 09/21/2012) | |||
| 2012-09-25 | 101 | 0 | MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh:The Court met with the parties on the telephone to discuss the motions in limine. The Court will issue a tentative decision as soon as possible.Court Recorder: XTR 09/25/12. (ca) (Entered: 09/27/2012) | |||
| 2012-09-28 | 102 | 0 | Witness List filed by Plaintiffs Juan Medina, Ramona Medina.. (Homampour, Arash) (Entered: 09/28/2012) | |||
| 2012-09-28 | 103 | 0 | JOINT Exhibit List filed by Plaintiffs Juan Medina, Ramona Medina.. (Homampour, Arash) (Entered: 09/28/2012) | |||
| 2012-10-01 | 104 | 0 | Witness List filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc.. (Weissenberger, Emily) (Entered: 10/01/2012) | |||
| 2012-10-03 | 105 | 0 | MEMORANDUM OPINION AND ORDER (1) IMPOSING SANCTIONS AGAINST DEFENDANTS AND DEFENDANTS COUNSEL; AND (2) GRANTING LEAVE TO PLAINTIFFS TO FILE AN APPLICATION FOR FEES AND COSTS by Magistrate Judge Jay C. Gandhi. The Court imposes sanctions in the following amounts: 1. Sanctions in the amount of $1,500.00 each as to Defendant Alvin Flynn and Defendant Pile Trucking, Inc. 2. Sanctions in the amount of $3,000.00 as to Barry C. Snyder. 3. Sanctions in the amount of $1,500.00 as to Sean R. Burnett. 4. Sanctions in the amount of $500.00 as to Gregory M. Smith. Plaintiffs and their counsel are granted leave to file an application, sufficiently supported with evidence, seeking a recoupment of the fees and costs, including attorneys fees and expert costs, that Plaintiffs and their counsel incurred for their preparation, attendance, and participation in the settlement conference at issue. The parties should meet and confer, fully and diligently, on this application prior to its filing. (See Order for Complete Details) (rp) (Entered: 10/03/2012) | 2012-10-04 07:14:25 | bf7a78067b448777c5a4814bf4e23bf43a86917d | |
| 2012-10-04 | 106 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh previously scheduled jury trial set on 10/29/2012 at 9:00 AM has been rescheduled. Jury Trial set for 10/30/2012 at 9:00 AM before Magistrate Judge Patrick J. Walsh. The trial will be held in Courtroom 4 (2nd floor) of the Spring Street Courthouse.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY (Entered: 10/04/2012) | |||
| 2012-10-11 | 107 | 0 | Joint Exhibit List filed by Defendant Earl Pile Trucking, Alvin Flynn, Juan Medina, Ramona Medina, Pile Trucking Inc.. (Weissenberger, Emily) (Entered: 10/11/2012) | |||
| 2012-10-11 | 108 | 0 | NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Alvin Flynn. (Attachments: # 1 Proposed Order Proposed Revised Joint Final Pretrial Conference Order)(Weissenberger, Emily) (Entered: 10/11/2012) | |||
| 2012-10-12 | 109 | 0 | NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Alvin Flynn. (Attachments: # 1 Proposed Order Proposed Revised Joint Final Pretrial Conference Order)(Weissenberger, Emily) (Entered: 10/12/2012) | |||
| 2012-10-12 | 110 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh re: Telephonic hearing to discuss tentative order issued on motions in limine, 94 , 96 set for Monday, October 15, 2012 at 12:00 PM before Magistrate Judge Patrick J. Walsh. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY (Entered: 10/12/2012) | |||
| 2012-10-15 | 111 | 0 | SCHEDULING NOTICE RE: COURTROOM LOCATION by Magistrate Judge Patrick J. Walsh: The Final Pretrial Conference is set for Monday, October 22, 2012 at 1:30 p.m. and Jury trial is set for Tuesday, October 30, 2012 at 9:00 a.m. The pretrial conference and jury trial hearings will be held in Courtroom 22 (5th Floor) of the Spring Street Courthouse. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY (Entered: 10/15/2012) | |||
| 2012-10-16 | 112 | 0 | NOTICE OF MOTION AND Joint MOTION IN LIMINE to Exclude Evidence Relating to the Timing of the Production of the Driver Logs and Precluding an Adverse Inference filed by Defendant Alvin Flynn.(Weissenberger, Emily) (Entered: 10/16/2012) | |||
| 2012-10-15 | 113 | 0 | MINUTES OF Telephone Hearing To Discuss Tentative Decision Regarding Motions In Limine held before Magistrate Judge Patrick J. Walsh: The Court met with the parties on the telephone to discuss the tentative order issued on the motions in limine. The Court will issue a decision as soon as possible.Court Recorder: XTR 10/15/12. (ca) (Entered: 10/16/2012) | |||
| 2012-10-17 | 114 | 0 | STIPULATION for Order RE Motions in Limine and Evidence to be Excluded at Trial filed by Plaintiff Juan Medina, Ramona Medina. (Attachments: # 1 Proposed Order)(Homampour, Arash) (Entered: 10/17/2012) | |||
| 2012-10-17 | 115 | 0 | ORDER ON STIPULATION RE MOTIONS IN LIMINE AND EVIDENCE TO BE EXCLUDED AT TRIAL AND PROPOSED ORDER by Magistrate Judge Patrick J. Walsh, re Stipulation for Order, 114 . (ca) (Entered: 10/17/2012) | |||
| 2012-10-18 | 116 | 0 | EX PARTE APPLICATION for Sanctions Related to Defendant Flynn's Failure to Timely Produce Logbooks filed by Plaintiff Juan Medina, Ramona Medina. (Attachments: # 1 Memorandum Joint Brief, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Proposed Order)(Homampour, Arash) (Entered: 10/18/2012) | |||
| 2012-10-18 | 117 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh: The Court hereby orders Alvin Flynn to attend the pretrial conference hearing on Monday, October 22, 2012 at 1:30 p.m. and to be prepared to testify regarding the issues related to the log book. The pretrial conference hearing will be held in Courtroom 22 located on the 5th floor of the Spring Street Courthouse.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY (Entered: 10/18/2012) | |||
| 2012-10-19 | 118 | 0 | ORDER RE: PARTIES' MOTIONS IN LIMINE by Magistrate Judge Patrick J. Walsh: Before the Court are the parties motions in limine (Docket No. 52, Joint Brief). For the following reasons, the motions are granted in part and denied in part as follows, 52 . (see document for full and complete details) (ca) (Entered: 10/22/2012) | |||
| 2012-10-24 | 119 | 0 | TRANSCRIPT ORDER as to Plaintiff Juan Medina, Ramona Medina Court Reporter. Court will contact Marie Santos at marie@homampour.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 10/22/2012. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Homampour, Arash) (Entered: 10/24/2012) | |||
| 2012-10-24 | 120 | 0 | PROPOSED JURY INSTRUCTIONS filed by Joint Earl Pile Trucking, Alvin Flynn, Juan Medina, Ramona Medina, Pile Trucking Inc.. (Weissenberger, Emily) (Entered: 10/24/2012) | |||
| 2012-10-24 | 121 | 0 | PROPOSED JURY VERDICT filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Weissenberger, Emily) (Entered: 10/24/2012) | |||
| 2012-10-24 | 122 | 0 | PROPOSED JURY VERDICT filed by Plaintiffs Juan Medina, Ramona Medina. (Weissenberger, Emily) (Entered: 10/24/2012) | |||
| 2012-10-25 | 123 | 0 | PROPOSED JURY INSTRUCTIONS filed by Defendant Earl Pile Trucking, Pile Trucking Inc.. (Kingston, Benjamin) (Entered: 10/25/2012) | |||
| 2012-10-22 | 124 | 0 | MINUTES Pretrial Conference Hearing; Plaintiffs' Ex Parte Application for Sanctions; Defendants' Motion to Preclude Evidence Regarding the Timing of theProduction of the Log Book Page held before Magistrate Judge Patrick J. Walsh:Pretrial conference held. The Court addresses Plaintiffs' ex parte application for sanctions for Defendant Flynns failure to timely produce the log book entry for the date in question and Defendants' motion to preclude Plaintiffs from raising the issue at trial. Defendant Alvin Flynn was called by theCourt to testify and was questioned about the production of the log book. The Court tentatively denied Plaintiffs' ex parte application for sanctions without prejudice and Defendants' motion to exclude evidence relating to the timing of the production of the log. Having carefully considered the issues raised by the motions, the Court denies both motions for the reasons set forth below, 112 , 116 . The parties are reminded to arrive no later than 8:30 a.m. on Tuesday, October 30, 2012. The trial will be held on the 5th floor in Courtroom 22 of the Spring Street Courthouse. **PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS**Court Recorder: Anne Kielwasse. (ca) (Entered: 10/26/2012) | |||
| 2012-10-29 | 125 | 0 | TRANSCRIPT for proceedings held on 10-22-12. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213/894-2969 AKtranscripts.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/27/2013. (Kielwasser, Anne) (Entered: 10/29/2012) | |||
| 2012-10-29 | 126 | 0 | REQUEST FOR JUDICIAL NOTICE RE Regulations Existing at the Time of Incident filed by Plaintiff Juan Medina, Ramona Medina. (Homampour, Arash) (Entered: 10/29/2012) | |||
| 2012-10-29 | 127 | 0 | PRETRIAL STIPULATION regarding Exhibits /Presentation of Evidence at Trial. (Weissenberger, Emily) (Entered: 10/29/2012) | |||
| 2012-10-30 | 128 | 0 | NOTICE OF MOTION AND First MOTION IN LIMINE to Exclude Plaintiff's Expert Supplemental Opinion filed by Defendants Pile Trucking Inc. Motion set for hearing on 10/30/2012 at 09:00 AM before Magistrate Judge Patrick J. Walsh.(Kingston, Benjamin) (Entered: 10/30/2012) | |||
| 2012-10-31 | 129 | 0 | REQUEST FOR JUDICIAL NOTICE filed by Defendants Alvin Flynn, Pile Trucking Inc. (Weissenberger, Emily) (Entered: 10/31/2012) | |||
| 2012-11-01 | 130 | 0 | PROPOSED JURY INSTRUCTIONS filed by Defendants Earl Pile Trucking, Pile Trucking Inc.. (Kingston, Benjamin) (Entered: 11/01/2012) | |||
| 2012-11-02 | 131 | 0 | BRIEF filed by Plaintiff Juan Medina, Ramona Medina. in Support of CACI 452 (Sudden Emergency) (Homampour, Arash) (Entered: 11/02/2012) | |||
| 2012-10-30 | 132 | 0 | MINUTES OF Jury Trial - 1st Day held before Magistrate Judge Patrick J. Walsh: Jury impaneled and sworn. Opening statements made. Witnesses called, sworn and testified. Jury Trial set for 10/31/2012 09:00 AM before Magistrate Judge Patrick J. Walsh.Court Recorder: Maria Bustillos. (ca) (Entered: 11/07/2012) | |||
| 2012-10-31 | 133 | 0 | MINUTES OF Jury Trial - 2nd Day held before Magistrate Judge Patrick J. Walsh: Witnesses called, sworn and testified. Exhibits identified. Jury Trial set for 11/1/2012 at 09:15 AM before Magistrate Judge Patrick J. Walsh.Court Recorder: Maria Bustillos & Rosalyn Adams. (ca) (Entered: 11/07/2012) | |||
| 2012-11-01 | 134 | 0 | MINUTES OF Jury Trial - 3rd Day held before Magistrate Judge Patrick J. Walsh: Witnesses called, sworn and testified. Exhibits identified. Plaintiffs' & Defendants' rest. Jury Trial set for 11/2/2012 at 9:30 AM before Magistrate Judge Patrick J. Walsh. Tony Fuentes, Spanish Interpreter appeared for Mr. & Mr. Medina.Court Recorder: Rosalyn Adams & Maria Bustillos. (ca) (Entered: 11/07/2012) | |||
| 2012-11-02 | 135 | 0 | MINUTES OF Jury Trial - 4th Day held and completed before Magistrate Judge Patrick J. Walsh: Exhibits identified and admitted. Closing arguments made. Verdict reached. Jury FINDS: Verdict in favor of Plaintiff's & Defendant's. Jury polled.Court Recorder: Maria Bustillos. (ca) (Entered: 11/07/2012) | |||
| 2012-11-02 | 136 | 0 | LIST OF EXHIBITS at trial. (ca) (Entered: 11/07/2012) | |||
| 2012-11-02 | 137 | 0 | LIST OF WITNESSES at trial. (ca) (Entered: 11/07/2012) | |||
| 2012-11-02 | 138 | 0 | JURY INSTRUCTIONS (Given) by Magistrate Judge Patrick J. Walsh. (ca) (Entered: 11/08/2012) | |||
| 2012-11-02 | 139 | 0 | RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stipulation of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (ca) (Main Document 139 replaced on 11/8/2012) (ca). (Entered: 11/08/2012) | |||
| 2012-11-02 | 140 | 0 | JURY VERDICT in favor of Plaintiff's & Defendant's. (Not for Public View Pursuant to the E-Government Act of 2002) (ca) (Main Document 140 replaced on 7/20/2015) (mba). Modified on 7/20/2015 (mba). (Entered: 11/08/2012) | |||
| 2012-11-02 | 141 | 0 | REDACTED JURY VERDICT in favor of Plaintiff & Defendant. (ca) (Entered: 11/08/2012) | |||
| 2012-11-02 | 142 | 0 | AMENDED Exhibit List. (ca) (Entered: 11/08/2012) | |||
| 2012-11-09 | 143 | 0 | MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh:Court and counsel discuss any possible motions in wake of verdict. Counsel do not contemplate filing any motions at this time. Attorney Arash Homampour is to prepare a proposed Judgment and present it to defense counsel for review. Thereafter, counsel shall submit it to the court for approval.Court Recorder: XTR 11/09/12. (ca) (Entered: 11/13/2012) | |||
| 2012-11-13 | 144 | 0 | PROPOSED APPROVED SPECIAL JURY VERDICT filed by Plaintiff Juan Medina, Ramona Medina. (Attachments: # 1 Exhibit)(Homampour, Arash) (Entered: 11/13/2012) | |||
| 2012-11-30 | 145 | 0 | JUDGMENT ON SPECIAL VERDICT (NUNC PRO TUNC TO NOVEMBER 2, 2012) by Magistrate Judge Patrick J. Walsh. This action came on regularly for jury trial on October 30, 2012, before the Honorable Patrick J. Walsh, Magistrate Judge. Based on the jury's verdict, IT IS ORDERED AND ADJUDGED that judgment shall be entered in favor of Plaintiffs JUAN MEDINA and RAMONA MEDINA and against Defendants PILE TRUCKING, INC. and ALVIN FLYNN in the sum of two million six hundred and twenty five thousand dollars and zero cents ($2,625,000.00) with interest thereon at the legal rate until paid, 140 . (MD JS-6, Case Terminated). (ca) (Entered: 11/30/2012) | 2012-12-01 07:12:57 | e40ccd493432daf39270adbd4e2db3908cf15b4f | |
| 2012-12-03 | 146 | 0 | NOTICE Notice of Ruling filed by Defendant Alvin Flynn. (Attachments: # 1 Exhibit A)(Weissenberger, Emily) (Entered: 12/03/2012) | |||
| 2012-11-30 | 147 | 0 | AMENDED JUDGMENT ON SPECIAL VERDICT by Magistrate Judge Patrick J. Walsh. This action came on regularly for jury trial on October 30, 2012, before the Honorable Patrick J. Walsh, Magistrate Judge. Based on the jury's verdict, IT IS ORDERED AND ADJUDGED that judgment shall be entered in favor of Plaintiffs JUAN MEDINA and RAMONA MEDINA and against Defendants PILE TRUCKING, INC. and ALVIN FLYNN in the sum of two million six hundred and twenty five thousand dollars and zero cents ($2,625,000.00) with interest thereon at the legal rate until paid, 145 . (ca) (Entered: 12/04/2012) | 2014-01-29 03:59:19 | 10d97e40c23352913a318b5041d6d870538ff76e | |
| 2012-11-30 | 148 | 0 | MINUTES OF Telephone Hearing Re: Judgment held before Magistrate Judge Patrick J. Walsh: The Court met with counsel on the telephone to discuss the proposed judgment filed on November 13, 2012. Defendants discuss their concerns with thelanguage relating to pre-judgment interest. The Court amends the judgment and files it as of November 30, 2012, nunc pro tunc date to November 2, 2012 for the reasons stated on the record. The Court orders Plaintiffs to prepare a bill of costs and to submit it to Defendants by December 7, 2012, for review. Counsel are ordered to meet and confer by December 21, 2012 to resolve any issues with the bill of costs. If they are unable to agree on the issues, the Court sets the following schedule: Plaintiffs' Motion for Bill of Costs: January 18, 2013; Defendants' Opposition: February 8, 2013; Plaintiffs' Reply: February 15, 2013. Thereafter, the Court will issue a tentative decision as soon as possible and allow the parties to argue the merits of the motion at a hearing to follow.Court Recorder: XTR 11/30/2012. (ca) (Entered: 12/04/2012) | |||
| 2012-12-03 | 149 | 0 | MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh:The Court met with the parties on the telephone to discuss the judgment filed on November 30, 2012 with a nunc pro tunc date as of November 2, 2012. The Court amends the judgment for reasons stated on the record. The judgment will be amended and filed as of November 30, 2012.Court Recorder: XTR 12/03/2012. (ca) (Entered: 12/04/2012) | |||
| 2012-12-11 | 150 | 0 | NOTICE OF LODGING filed re Amended Document (Non-Motion), Amended Document (Non-Motion), Amended Document (Non-Motion) 147 (Attachments: # 1 Proposed Order Joint Stipulation to Stay the Execution of Judgment and Proposed Order)(Weissenberger, Emily) (Entered: 12/11/2012) | |||
| 2012-12-12 | 151 | 0 | TRANSCRIPT ORDER as to Defendant Alvin Flynn Court Smart (CS). Court will contact Adriana Cisneros at acisneros@yokasmith.com with any questions regarding this order. Transcript portion requested: Closing Argument by Plaintiff on November 2, 2012. Testimony of: Oct. 31, 2012-David King; Nov. 1, 2012-Paul Herbert, Nov. 1, 2012-Jason Droll. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Kingston, Benjamin) (Entered: 12/12/2012) | |||
| 2012-12-13 | 152 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Designation and Ordering Form (G-120) 151 . The following error(s) was found:The incorrect event was selected, the hearings requested were reported by Court Reporters not CourtSmart. You MUST electronically refile the above referenced Request and select Court Reporter for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ml) TEXT ONLY ENTRY (Entered: 12/13/2012) | |||
| 2012-12-12 | 153 | 0 | JOINT STIPULATION TO STAY THE EXECUTION OF JUDGMENT AND ORDER by Magistrate Judge Patrick J. Walsh, re Notice of Lodging, 150 . The parties, by and through their attorneys of record agree and stipulate as follows: 1. The Court entered a judgment in this matter on November 30, 2012. 2. The Automatic Stay of the execution of the judgment will expire on December 14, 2012. 3. The Plaintiffs have agreed to provide Defendants with a further voluntary stay of the execution of the judgment for an additional 14 days or until December 28, 2012. 4. In return, the Defendants have agreed not to transfer or encumber their assets during the period of plaintiffs' voluntary stay of enforcement of the judgment. (ca) (Entered: 12/13/2012) | |||
| 2012-12-13 | 154 | 0 | TRANSCRIPT ORDER as to Defendant Alvin Flynn Court Reporter. Court will contact Adriana Cisneros at acisneros@yokasmith.com with any questions regarding this order. Transcript portion requested: Closing Argument by Plaintiff on November 2, 2012. Testimony of: Oct. 31, 2012-David King; Nov.1, 2012-Paul Herbert; Nov. 1, 2012-Jason Droll. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Kingston, Benjamin) (Entered: 12/13/2012) | |||
| 2012-12-28 | 155 | 0 | Joint STIPULATION for Order Stay Execution of Judgment filed by Defendant Alvin Flynn. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING JOINT STIPULATION TO STAY THE EXECUTION OF JUDGMENT)(Weissenberger, Emily) (Entered: 12/28/2012) | |||
| 2012-12-28 | 156 | 0 | NOTICE OF MOTION AND MOTION for New Trial or in the Alternative a Remittitur filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. Motion set for hearing on 1/31/2013 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: # 1 Proposed Order Proposed Order Granting Motion for New Trial)(Weissenberger, Emily) (Entered: 12/28/2012) | |||
| 2012-12-28 | 157 | 0 | ORDER by Magistrate Judge Patrick J. Walsh. The Court, having considered the Joint Stipulation to Stay the Execution of Judgment 155 , makes the following Order: The Stay of the Execution of the Judgment is extended to expire on January 11, 2013. (afe) (Entered: 12/28/2012) | |||
| 2013-01-03 | 158 | 0 | Joint STIPULATION for Extension of Time to File Reply as to MOTION for New Trial or in the Alternative a Remittitur 156 filed by Plaintiffs Juan Medina. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Extend Time to File Opposition and Reply Re Motion for New Trial)(Rand, Michael) (Entered: 01/03/2013) | |||
| 2013-01-04 | 159 | 0 | ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO FILE OPPOSITION AND REPLY RE MOTION FOR NEW TRIAL, 158 by Magistrate Judge Patrick J. Walsh. The Plaintiffs shall file and serve their opposition to the motion for new trial on or before January 17, 2013. The Defendants shall file and serve their reply to the opposition to motion for new trial, if any, on or before January 24, 2013. (ca) (Entered: 01/04/2013) | |||
| 2013-01-08 | 160 | 0 | Joint STIPULATION for Order to Stay the Execution of Judgment filed by Defendant Alvin Flynn. (Attachments: # 1 Proposed Order Proposed Order Granting Further Joint Stip to Stay the Execution of Judgment)(Weissenberger, Emily) (Entered: 01/08/2013) | |||
| 2013-01-09 | 161 | 0 | ORDER GRANTING JOINT STIPULATION TO STAY THE EXECUTION OF JUDGMENT by Magistrate Judge Patrick J. Walsh, re Stipulation for Order, 160 . The Court, having considered the Joint Stipulation to Stay the Execution of Judgment, makes the following Order: 1. The Stay of the Execution of the Judgment is extended to expire on February 15, 2013. IT IS SO ORDERED. (ca) (Entered: 01/09/2013) | |||
| 2013-01-17 | 162 | 0 | Opposition 156 re: MOTION for New Trial or in the Alternative a Remittitur 156 filed by Plaintiffs Juan Medina, Ramona Medina. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Exhibit a, # 4 Exhibit b, # 5 Exhibit c, # 6 Exhibit d, # 7 Exhibit e, # 8 Exhibit f, # 9 Exhibit g, # 10 Exhibit h, # 11 Exhibit i, # 12 Exhibit j, # 13 Exhibit k, # 14 Exhibit l, # 15 Exhibit m)(Homampour, Arash) (Entered: 01/17/2013) | |||
| 2013-01-18 | 163 | 0 | NOTICE OF MOTION AND MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 filed by Plaintiffs Ramona Medina, Juan Medina. (Attachments: # 1 Proposed Order, # 2 Declaration DECLARATION OF ARASH HOMAMPOUR IN SUPPORT OF PLAINTIFFS MOTION FOR BILL OF COSTS, # 3 Exhibit a, # 4 Exhibit b, # 5 Exhibit c part 1, # 6 Exhibit c part 2, # 7 Declaration DECLARATION OF MICHAEL J. RAND IN SUPPORT OF PLAINTIFFS MOTION FOR BILL OF COSTS, # 8 Exhibit d, # 9 Exhibit e, # 10 Exhibit f, # 11 Exhibit g)(Homampour, Arash) (Entered: 01/18/2013) | |||
| 2013-01-24 | 164 | 0 | REPLY In Support MOTION for New Trial or in the Alternative a Remittitur 156 filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Weissenberger, Emily) (Entered: 01/24/2013) | |||
| 2013-01-24 | 165 | 0 | Objections to Plaintiff's Evidence in Their Opposition to Defendants' Motion for New Trial or in the Alternative, Remittitur in Support of re: MOTION for New Trial or in the Alternative a Remittitur 156 filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Weissenberger, Emily) (Entered: 01/24/2013) | |||
| 2013-01-24 | 166 | 0 | DECLARATION of Emily M. Weissenberger In Support of MOTION for New Trial or in the Alternative a Remittitur 156 filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Attachments: # 1 Exhibit Exhibit A to Declaration of Emily M. Weissenberger, # 2 Exhibit Exhibit B to Declaration of Emily M. Weissenberger)(Weissenberger, Emily) (Entered: 01/24/2013) | |||
| 2013-01-28 | 167 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 10-22-12 @ 1:50 p.m. re Transcript 125 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Kielwasser, Anne) TEXT ONLY ENTRY (Entered: 01/28/2013) | |||
| 2013-02-08 | 168 | 0 | Opposition Opposition re: MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 163 filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Weissenberger, Emily) (Entered: 02/08/2013) | |||
| 2013-02-08 | 169 | 0 | REQUEST FOR JUDICIAL NOTICE re MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 163 filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Weissenberger, Emily) (Entered: 02/08/2013) | |||
| 2013-02-11 | 170 | 0 | STIPULATION to Continue Stay of Execution of Judgment from February 15, 2013 to February 22, 2013 filed by Defendant Alvin Flynn. (Attachments: # 1 Proposed Order Proposed Order Granting Joint Stipulation to Stay the Execution of Judgment)(Weissenberger, Emily) (Entered: 02/11/2013) | |||
| 2013-01-31 | 171 | 0 | MINUTE ORDER Hearing on Defendants' Motion for a New Trial or a Remittitur (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh: The Court heard oral arguments on Defendants' Motion for a New Trial or, in the Alternative, a Remittitur. The Court will issue a separate order ruling on the motion, 156 . (ca) (Entered: 02/13/2013) | |||
| 2013-02-12 | 172 | 0 | ORDER GRANTING FURTHER JOINT STIPULATION TO STAY THE EXECUTION OF JUDGMENT by Magistrate Judge Patrick J. Walsh, GRANTING Stipulation, 170 . The Court, having considered the Joint Stipulation to Stay the Execution of Judgment, makes the following Order: 1. The Stay of the Execution of the Judgment is extended to expire on February 22, 2013. IT IS SO ORDERED. (ca) (Entered: 02/14/2013) | |||
| 2013-02-13 | 173 | 0 | ORDER DENYING DEFENDANTS' MOTION FOR A NEW TRIAL OR A REMITTITUR by Magistrate Judge Patrick J. Walsh: For all these reasons, Defendants' Motion for a New Trial or, in the Alternative, a Remittitur, is denied, 156 . IT IS SO ORDERED. (see document for complete details) (ca) (Entered: 02/14/2013) | |||
| 2013-02-15 | 174 | 0 | REPLY support MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 MOTION for Costs against Ramona Medina, Juan MedinaRE: Judgment,, 145 163 filed by Plaintiffs Juan Medina, Ramona Medina. (Homampour, Arash) (Entered: 02/15/2013) | |||
| 2013-02-19 | 175 | 0 | EX PARTE APPLICATION to Stay pending Appeal Enforcement of Judgment filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (Attachments: # 1 Declaration Declaration of Marnieta Pile in Support of Defendants Motion to Stay the Enforcement of the Judgment Pending Appeal, # 2 Declaration Declaration of Alvin Flynn in Support of Defendant's Motion to Stay the Enforcement of the Judgment Pending Appeal, # 3 Declaration Declaration of Katherine Van Ryn in Support of Defendants Motion to Stay the Enforcement of the Judgment Pending Appeal, # 4 Declaration Declaration of Emily M. Weissenberger in Support of Defendants Ex Parte Application to Stay Enforcement of Judgment Pending Appeal)(Weissenberger, Emily) (Entered: 02/19/2013) | |||
| 2013-02-21 | 176 | 0 | PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO STAY WITHOUT BOND; POINTS AND AUTHORITIES; EX PARTE APPLICATION to Stay pending Appeal Enforcement of Judgment re: EX PARTE APPLICATION to Stay pending Appeal Enforcement of Judgment 175 filed by Plaintiffs Juan Medina, Ramona Medina. (Attachments: # 1 Declaration DECLARATION OF MICHAEL J. RAND IN SUPPORT OF PLAINTIFFS OPPOSITION TO EX PARTE APPLICATION TO STAY ENFORCEMENT OF JUDGMENT, # 2 Exhibit a, # 3 Exhibit b, # 4 Exhibit c, # 5 Exhibit d, # 6 Exhibit e, # 7 Exhibit f, # 8 Exhibit g, # 9 Exhibit h, # 10 Exhibit i, # 11 Exhibit j, # 12 Exhibit k, # 13 Exhibit l, # 14 Exhibit m, # 15 Exhibit n, # 16 Exhibit o, # 17 Exhibit p, # 18 Declaration DECLARATION OF WENDI O. WAGNER IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO STAY WITHOUT BOND, # 19 Exhibit q)(Homampour, Arash) (Entered: 02/21/2013) | |||
| 2013-02-22 | 177 | 0 | DECLARATION of Wendi O. Wagner in opposition EX PARTE APPLICATION to Stay pending Appeal Enforcement of Judgment 175 Exhibit Q filed by Plaintiffs Juan Medina, Ramona Medina. (Homampour, Arash) (Entered: 02/22/2013) | |||
| 2013-02-25 | 178 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related) 177 . The following error(s) was found: Title page is missing. Other error(s) with document(s): signature on document is missing. In response to this notice the court may order (1) an amended or correct document to be filed. (ca) (Entered: 02/25/2013) | |||
| 2013-02-22 | 179 | 0 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' EX PARTE APPLICATION TO STAY ENFORCEMENT OF JUDGMENT PENDING APPEAL, 175 by Magistrate Judge Patrick J. Walsh: Based on this analysis, the Court finds that Defendants have not met their burden of establishing that the Court should eliminate the bond requirement or reduce it to the policy limits of the third-party insurer. For these reasons, enforcement proceedings are hereby stayed pending the outcome of the appeal. No later than March 8, 2013, Defendants shall post a supersedeas bond in the amount of $2,625,000. IT IS SO ORDERED. (see document for complete details) (ca) (Entered: 02/25/2013) | |||
| 2013-02-28 | 180 | 0 | TRANSCRIPT ORDER as to Defendant Alvin Flynn Court Reporter. Court will contact Denisen Hartlove at dhartlove@marmorlaw.com with any questions regarding this order. Transcript portion requested: Other: First day of trial 10/30/2012. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Weissenberger, Emily) (Entered: 02/28/2013) | |||
| 2013-03-01 | 181 | 0 | Request for Clarification of the Court re: Order on Ex Parte Application to Stay Order (other),, 179 (Weissenberger, Emily) (Entered: 03/01/2013) | |||
| 2013-03-04 | 182 | 0 | MINUTE ORDER RE: Telephonic Hearing Regarding Request for Clarification of the Court's February 22, 2013 Order (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh: Case called and appearances made. The Court met with counsel for the parties to discuss Defendants' Request for Clarification of the Court's Order filed on February 22, 2013, granting Defendants' ex parte application to stay enforcement proceedings pending appeal. (Dkt. No. 179.) Defendants now ask theCourt to vacate the Order, which, in exchange for granting the stay, required them to post a bond. Defendants' request is granted. The February 22, 2013 Order staying enforcement proceedings and requiring Defendants to post a supersedeas bond in the amount of $2,625,000 is hereby vacated. Plaintiffs may pursue their efforts to enforce the judgment. Defendants are ordered to pay Plaintiffs' attorney's fees incurred in opposing the ex parte application that resulted in the order Defendants now ask the Court to vacate. No later than March 18, 2013, Defendants shall pay Plaintiffs' counsel $2500.00, 179 , 181 . (ca) (Entered: 03/04/2013) | |||
| 2013-03-14 | 183 | 0 | NOTICE OF APPEAL to the 9th CCA filed by defendant Pile Trucking Inc. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,,, 182 , Order on Motion for New Trial, 173 (Appeal fee of $455 receipt number 0973-11807385 paid.) (Weissenberger, Emily) (Entered: 03/14/2013) | |||
| 2013-03-14 | 184 | 0 | NOTIFICATION by Circuit Court of Appellate Docket Number 13-55441, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 183 as to Defendant Pile Trucking Inc. (mat) (Entered: 03/15/2013) | |||
| 2013-04-03 | 185 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh: Telephonic hearing regarding tentative order issued granting Plaintiffs' motion for bill of costs is set for 4/8/2013 at 11:00 AM before Magistrate Judge Patrick J. Walsh, 163 . Please call (213) 894-0800 for the hearing and follow the prompts by entering the codes: Meeting ID: 7002#; User Password: 7305#.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ca) TEXT ONLY ENTRY Modified on 4/4/2013 (ca). (Entered: 04/04/2013) | |||
| 2013-04-08 | 186 | 0 | ORDER GRANTING PLAINTIFFS' MOTION FOR BILL OF COSTS by Magistrate Judge Patrick J. Walsh: Plaintiffs' motion for costs in the amount of $347,577.78 is GRANTED, 163 . IT IS SO ORDERED. (SEE DOCUMENT FOR COMPLETE DETAILS). (ca) (Entered: 04/09/2013) | |||
| 2013-04-10 | 187 | 0 | TRANSCRIPT ORDER re: Jury Instructions (Proposed) 130 , Jury Trial - Held and Continued, 133 , Brief (non-motion non-appeal) 131 , Jury Trial - Begun, 132 , Jury Trial - Completed, 135 , Request for Judicial Notice 129 , Jury Trial - Held and Continued, 134 , Order on Motion in Limine to Exclude, Order on Ex Parte Application for Sanctions, Pretrial Conference - Final,,,,,,,,,,,, 124 , as to defendant Pile Trucking Inc Court Reporter. Court will contact Emily Weissenberger at eweissenberger@marmorlaw.com with any questions regarding this order. Transcript portion requested: Other: 10/2/2013-11/2/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Weissenberger, Emily) (Entered: 04/10/2013) | |||
| 2013-04-10 | 188 | 0 | TRANSCRIPT ORDER as to defendant Pile Trucking Inc Court Smart (CS). Court will contact Emily Weissenberger at eweissenberger@marmorlaw.com with any questions regarding this order. Transcript portion requested: Other: 12/19/2011-9/25/2012. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Weissenberger, Emily) (Entered: 04/10/2013) | |||
| 2013-04-17 | 189 | 0 | NOTICE OF APPEAL to the 9th CCA filed by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. Appeal of Order on Motion for Costs 186 (Appeal fee of $455 receipt number 0973-11974609 paid.) (Weissenberger, Emily) (Entered: 04/17/2013) | |||
| 2013-04-17 | 190 | 0 | NOTIFICATION by Circuit Court of Appellate Docket Number 13-55637, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 189 as to Defendant Earl Pile Trucking. (mat) (Entered: 04/22/2013) | |||
| 2013-05-10 | 191 | 0 | TRANSCRIPT ORDER re: Transcript Designation and Ordering Form (G-120), 188 , as to defendant Alvin Flynn, Pile Trucking Inc Court Reporter. Court will contact Emily Weissenberger at eweissenberger@marmorlaw.com with any questions regarding this order. Transcript portion requested: Other: 04/08/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Weissenberger, Emily) (Entered: 05/10/2013) | |||
| 2013-05-10 | 192 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Designation and Ordering Form (G-120), 191 . The following error(s) was found: XTR IS A DIGITALLY RECORDED PROCEEDING. PLEASE REFILE AS SUCH.Transcript deadline terminated. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mw) TEXT ONLY ENTRY (Entered: 05/10/2013) | |||
| 2013-05-10 | 193 | 0 | TRANSCRIPT ORDER as to defendant Alvin Flynn, Pile Trucking Inc Court Smart (CS). Court will contact Emily Weissenberger at eweissenberger@marmorlaw.com with any questions regarding this order. Transcript portion requested: Other: 04/08/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Weissenberger, Emily) (Entered: 05/10/2013) | |||
| 2013-05-10 | 194 | 0 | TRANSCRIPT for proceedings held on 12/19/11 2:03 p.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 195 | 0 | TRANSCRIPT for proceedings held on 7/10/12 11:03 a.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 196 | 0 | TRANSCRIPT for proceedings held on 9/25/12 12:17 p.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 197 | 0 | TRANSCRIPT for proceedings held on 10/15/12 12:00 p.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 198 | 0 | TRANSCRIPT for proceedings held on 11/9/12 11:02 a.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 199 | 0 | TRANSCRIPT for proceedings held on 11/30/12 3:31 p.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 200 | 0 | TRANSCRIPT for proceedings held on 12/3/12 3:40 p.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 201 | 0 | TRANSCRIPT for proceedings held on 1/31/13 11:03 a.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 202 | 0 | TRANSCRIPT for proceedings held on 3/4/13 12:32 p.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 203 | 0 | TRANSCRIPT for proceedings held on 4/8/13 11:00 a.m.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (ha) (Entered: 05/10/2013) | |||
| 2013-05-10 | 204 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 12/19/11; 7/10/12; 9/25/12; 10/15/12; 11/9/12; 11/30/12; 12/03/12 ; 1/31/13 ; 3/4/13 & 4/8/13 re Transcript 198 , 200 , 203 , 199 , 194 , 201 , 195 , 197 , 202 , 196 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY (Entered: 05/10/2013) | |||
| 2013-05-17 | 205 | 0 | TRANSCRIPT ORDER as to Plaintiff Juan Medina, Ramona Medina Court Smart (CS). Court will contact Marie Santos at marie@homampour.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Homampour, Arash) (Entered: 05/17/2013) | |||
| 2013-05-17 | 206 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Designation and Ordering Form (G-120), 205 . The following error(s) was found:You must select Court Reporter when submitting your transcript request. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ml) TEXT ONLY ENTRY (Entered: 05/17/2013) | |||
| 2013-05-20 | 207 | 0 | TRANSCRIPT ORDER as to Plaintiff Juan Medina, Ramona Medina Court Reporter. Court will contact Marie Santos at marie@homampour.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Homampour, Arash) (Entered: 05/20/2013) | |||
| 2013-06-06 | 208 | 0 | TRANSCRIPT for proceedings held on 10/31/12, 1:30 PM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/27/2013. Redacted Transcript Deadline set for 7/7/2013. Release of Transcript Restriction set for 9/4/2013. (Adams, Rosalyn) (Entered: 06/06/2013) | |||
| 2013-06-06 | 209 | 0 | TRANSCRIPT for proceedings held on 11/01/12, TRIAL DAY 3, AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/27/2013. Redacted Transcript Deadline set for 7/7/2013. Release of Transcript Restriction set for 9/4/2013. (Adams, Rosalyn) (Entered: 06/06/2013) | |||
| 2013-06-06 | 210 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 10/31/12, TRIAL DAY 2-PM re Transcript 208 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Adams, Rosalyn) TEXT ONLY ENTRY (Entered: 06/06/2013) | |||
| 2013-06-06 | 211 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 11/01/12, TRIAL DAY 3, AM re Transcript 209 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Adams, Rosalyn) TEXT ONLY ENTRY (Entered: 06/06/2013) | |||
| 2013-08-07 | 212 | 0 | STIPULATION for Order Joint Stipulation To Accept a Lesser Bond Amount filed by Defendant Alvin Flynn. (Attachments: # 1 Proposed Order)(Weissenberger, Emily) (Entered: 08/07/2013) | |||
| 2013-08-08 | 213 | 0 | ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 183 filed by Pile Trucking Inc, CCA # 13-55441. The Court is in receipt of appellant's notice of reporter default. Court Reporter Maria Bustillos's motion for an extension of time to file the reporters transcript is granted. This order does not waive the mandatory fee reduction for late delivery of transcripts. [See document for further details]. Order received in this district on 8/8/13. (car) (Entered: 08/12/2013) | |||
| 2013-08-22 | 214 | 0 | ORDER by Magistrate Judge Patrick J. Walsh, GRANTING Joint Stipulation to accept a smaller bond amount, 212 . The Court, having considered the Joint Stipulation to Accept a Smaller Bond Amount, makes the following Order: 1. Bond in the amount of$1,347,577.78 is accepted. 2. Defendants have 10 days from the date of this Order to file the Bond with this Court. IT IS SO ORDERED. (ca) (Entered: 08/22/2013) | |||
| 2013-08-23 | 215 | 0 | NOTICE of Manual Filing filed by Defendant Alvin Flynn of Supersedeas Bonds (x 2). (Morgenstern, Robert) (Entered: 08/23/2013) | |||
| 2013-08-23 | 216 | 0 | SUPERSEDEAS BOND in the amount of $1,000,000.00 posted by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (ca) (Entered: 08/26/2013) | |||
| 2013-08-23 | 217 | 0 | SUPERSEDEAS BOND in the amount of $347,577.78 posted by Defendants Earl Pile Trucking, Alvin Flynn, Pile Trucking Inc. (ca) (Entered: 08/26/2013) | |||
| 2013-12-26 | 218 | 0 | ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 189 filed by Alvin Flynn, Earl Pile Trucking, Pile Trucking Inc, CCA # 13-55637. Within 21 days after the date of this order, Court Reporter Maria Bustillos shall file the transcripts, file a motion for an extension of time to do so, or inform the court in writing of any barriers to transcript production. If Court Reporter Bustillos has previously filed transcripts for all of the hearings she reported or if she was not assigned to any hearings for this case, she shall inform this court and Blanca Carbajal in writing. Order received in this district on 12/26/13. (ja) Modified on 3/23/2015 (car). (Entered: 01/06/2014) | |||
| 2014-01-14 | 219 | 0 | TRANSCRIPT for proceedings held on 10/30/2012; 9:00 A.M. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/4/2014. Redacted Transcript Deadline set for 2/14/2014. Release of Transcript Restriction set for 4/14/2014. (Bustillos, Maria) (Entered: 01/14/2014) | |||
| 2014-01-14 | 220 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 10/30/2012; 9:00 A.M re Transcript 219 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY (Entered: 01/14/2014) | |||
| 2014-01-16 | 221 | 0 | TRANSCRIPT for proceedings held on 10/31/2012, VOLUME I; 9:00 A.M. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/6/2014. Redacted Transcript Deadline set for 2/16/2014. Release of Transcript Restriction set for 4/16/2014. (Bustillos, Maria) (Entered: 01/16/2014) | |||
| 2014-01-16 | 222 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 10/31/2012, VOLUME I; 9:00 A.M re Transcript 221 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY (Entered: 01/16/2014) | |||
| 2014-01-16 | 223 | 0 | TRANSCRIPT for proceedings held on 11/02/2012; 9:32 A.M. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/6/2014. Redacted Transcript Deadline set for 2/16/2014. Release of Transcript Restriction set for 4/16/2014. (Bustillos, Maria) (Entered: 01/16/2014) | |||
| 2014-01-16 | 224 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 11/02/2013; 9:32 A.M re Transcript 223 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY (Entered: 01/16/2014) | |||
| 2014-01-17 | 225 | 0 | TRANSCRIPT for proceedings held on 11/01/2012, VOLUME II; 9:0 A.M. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMECOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/7/2014. Redacted Transcript Deadline set for 2/17/2014. Release of Transcript Restriction set for 4/17/2014. (Bustillos, Maria) (Entered: 01/17/2014) | |||
| 2014-01-17 | 226 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 11/01/2012, VOLUME II; 9:00 A.M. re Transcript 225 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY (Entered: 01/17/2014) | |||
| 2015-03-17 | 227 | 0 | ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 189 filed by Alvin Flynn, Earl Pile Trucking, Pile Trucking Inc, Notice of Appeal to 9th Circuit Court of Appeals, 183 filed by Pile Trucking Inc. CCA # 13-55441, 13-55637. The petition for panel rehearing has been considered and is DENIED. (car) (Entered: 03/19/2015) | |||
| 2015-02-25 | 228 | 0 | MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 189 filed by Alvin Flynn, Earl Pile Trucking, Pile Trucking Inc, Notice of Appeal to 9th Circuit Court of Appeals, 183 filed by Pile Trucking Inc. CCA # 13-55441, 13-55637. Because Rule 68 permits only defendants to serve offers of judgment, the district court's award of interest to the Medinas based on their prior offer of judgment was improper. We therefore vacate the award of interest. AFFIRMED in part, VACATED in part, and REMANDED. Each sideshall bear its own costs. (car) (Entered: 03/23/2015) | |||
| 2015-03-27 | 229 | 0 | MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal 189 , Notice of Appeal 183 , CCA # 13-55441 and 13-55637. The judgment of the 9th Circuit Court, entered February 25, 2015, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 228 AFFIRMED in part, VACATED in part, and REMANDED.](mat) (Entered: 03/31/2015) | |||
| 2015-04-24 | 230 | 0 | NOTICE OF MOTION AND MOTION to Enforce Stipulation of Parties and for Full Payment of Supersedeas Bond filed by Plaintiffs Juan Medina, Ramona Medina. Motion set for hearing on 5/22/2015 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B, # 3 Exhibit Ex C, # 4 Exhibit Ex D, # 5 Exhibit Ex E, # 6 Exhibit Ex F, # 7 Exhibit Ex G, # 8 Exhibit Ex H, # 9 Exhibit Ex I, # 10 Proposed Order)(Homampour, Arash) (Entered: 04/24/2015) | |||
| 2015-05-01 | 231 | 0 | Opposition to Plaintiffs' Motion to Enforce Stipulation of Parties and for Full Payment of Supersedeas Bonds Amount; Memorandum of Points and Authorities; Declarations of Kathy Van Ryn and Maureen Michail in Support Thereof Opposition re: MOTION to Enforce Stipulation of Parties and for Full Payment of Supersedeas Bond 230 filed by Real Party In Interest Defendant Harco National Insurance Company. (Attachments: # 1 Exhibit Index of Exhibits in Support of Opposition to Plaintiffs' Motion to Enforce Stipulation of Parties for Full Payment of Supersedeas Bonds Amount, # 2 Proposed Order Proposed Order Denying Plaintiffs' Motion to Enforce Stipulation of Parties and for Full Payment of Supersedeas Bonds Amount)(Attorney Maureen M Michail added to party Harco National Insurance Company(pty:rpid))(Michail, Maureen) (Entered: 05/01/2015) | |||
| 2015-05-01 | 232 | 0 | Notice of Appearance or Withdrawal of Counsel: for attorney Benjamin David Kingston counsel for Defendants Earl Pile Trucking, Pile Trucking Inc. Benjamin D. Kingston is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Pile Trucking, Inc.. (Kingston, Benjamin) (Entered: 05/01/2015) | |||
| 2015-05-07 | 233 | 0 | NOTICE of Withdrawing motion to enforce stipulation of parties & full payment of supersedeas bonds amount filed by plaintiff Juan Medina. (Homampour, Arash) (Entered: 05/07/2015) | |||
| 2015-05-12 | 234 | 0 | SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephone Conference set for 5/18/2015 at 11:00 AM before Magistrate Judge Patrick J. Walsh. Call-in Number:213-894-0800. Meeting ID: 7002# User Password: 6171# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY (Entered: 05/12/2015) | |||
| 2015-05-22 | 235 | 0 | (Weissenberger, Emily) (Entered: 05/22/2015) | |||
| 2015-05-26 | 236 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) 235 . The following error(s) was found: Missing document text. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 05/26/2015) | |||
| 2015-05-18 | 237 | 0 | MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh: The Court met with counsel on the telephone to discuss the $238,047.95 award of interest vacated by the Ninth Circuit Court of Appeals. The Court will file an amended order.Tape #: XTR 5/18/15. (im) (Entered: 06/03/2015) | |||
| 2015-09-10 | 238 | 0 | AMENDED ORDER GRANTING PLAINTIFFS' MOTION FOR BILL OF COSTS, by Magistrate Judge Patrick J. Walsh. Pursuant to the Ninth Circuit's order vacating the award of interest and remanding, the Court's April 8, 2013 order, (Doc. No. 186), is hereby amended to award costs in the amount of $109,529.83. IT IS SO ORDERED. re 230 MOTION to Enforce (sbou) (Entered: 09/11/2015) |