| Date Filed | Doc # | Docket Text |
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| 2015-07-23 | 1 | VERIFIED COMPLAINT for Injunction Under Freedom of Information Act; and Independent Action for Equitable Relief to Set Aside Judgment Obtained by Fraud on This Court against National Transportation Safety Board, et al by John M. Lowery. (Filing fee $ 400, receipt umber 0972-5999588) (Harrington, Michael) Modified on 7/24/2015 (Meuleman, A). (Entered: 07/23/2015) |
| 2015-07-23 | 2 | CIVIL COVER SHEET by John M. Lowery (Harrington, Michael) Modified on 7/24/2015 (Meuleman, A). (Entered: 07/23/2015) |
| 2015-07-23 | 3 | NOTICE of RELATED CASE CIV-S-97:0015-WBS/GGH by John M. Lowery. (Harrington, Michael) Modified on 7/24/2015 (Meuleman, A). (Entered: 07/23/2015) |
| 2015-07-23 | 4 | DECLARATION of George Anderson. (Harrington, Michael) Modified on 7/24/2015 (Meuleman, A). (Entered: 07/23/2015) |
| 2015-07-24 | 5 | CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/9/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Consent Form, # 2 VDRP) (Meuleman, A) (Entered: 07/24/2015) |
| 2015-07-24 | 6 | (DISREGARD - TO REISSUE) SUMMONS ISSUED as to *Loretta E Lynch, National Transportation Safety Board, US Department of Justice* with answer to complaint due within *30* days. Attorney *Michael J. Harrington* *Law Offices of Michael J. Harrington* *430 D Street* *Davis, CA 95616*. (Meuleman, A) Modified on 8/5/2015 (Meuleman, A). (Entered: 07/24/2015) |
| 2015-08-05 | 7 | SUMMONS ISSUED as to *National Transportation Safety Board, US Department of Justice* with answer to complaint due within *60* days. Attorney *Michael J. Harrington* *430 D Street* *Davis, CA 95616*. (Meuleman, A) (Entered: 08/05/2015) |
| 2015-08-12 | 8 | [DISREGARD - see 9 Summons Returned Executed] SUMMONS RETURNED UNEXECUTED as to all defendants. (Harrington, Michael) Modified on 8/13/2015 (Michel, G.). (Entered: 08/12/2015) |
| 2015-08-12 | 9 | SUMMONS RETURNED EXECUTED by John M. Lowery: National Transportation Safety Board, U.S. Department of Justice served on 8/12/2015. (Harrington, Michael) Modified on 8/13/2015 (Michel, G.). (Entered: 08/12/2015) |
| 2015-10-13 | 10 | MOTION to DISMISS by National Transportation Safety Board, US Department of Justice. Motion Hearing set for 11/30/2015 at 2:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Attorney Hall, Benjamin E. added. (Attachments: # 1 Points and Authorities, # 2 Request for Judicial Notice includes Exs 1 - 3) (Hall, Benjamin) (Entered: 10/13/2015) |
| 2015-10-13 | 11 | MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 11/9/2015 to 1/4/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, pending hearing on 10 Defendants' Motion to Dismiss, now set for 11/30/2015. A Joint Status Report shall be filed no later than 12/21/2015, pursuant to the Court's 5 Order Re: Status (Pretrial Scheduling) Conference filed 7/24/2015. (Kirksey Smith, K) (Entered: 10/13/2015) |
| 2015-11-06 | 12 | ORDER REASSIGNING CASE by Chief Judge Morrison C. England, Jr.: Due to the elevation of Magistrate Judge Dale A. Drozd to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Carolyn K. Delaney*. (Donati, J) (Entered: 11/06/2015) |
| 2015-11-16 | 13 | RESPONSE by plaintiff John M. Lowery to defendants' 10 Motion to Dismiss. (Harrington, Michael) Modified on 11/16/2015 (Marciel, M) (Entered: 11/16/2015) |
| 2015-11-24 | 14 | STIPULATION and PROPOSED FIRST AMENDED COMPLAINT by John M. Lowery. (Harrington, Michael) Modified on 11/25/2015 (Michel, G.). (Entered: 11/24/2015) |
| 2015-11-25 | 15 | ORDER signed by Senior Judge William B. Shubb on 11/25/2015 GRANTING the parties' 14 Stipulation: Plaintiff is granted leave to file a First Amended Complaint within fourteen (14) days of this Order and must file it separately on the court docket; 2) Defendants shall file a response to the First Amendment Complaint within twenty-one (21) days of receiving written notice from plaintiff that the First Amended Complaint has been filed; 3) 10 Defendants' Motion to Dismiss is withdrawn without prejudice to being refiled at a later date consistent with this Order; 4) The 11/30/2015 hearing date on defendants' Motion to Dismiss is taken off calendar; 5) The Scheduling Conference currently scheduled for 1/4/2016 at 2:00 p.m. is continued to 2/1/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and 6) The time in which the parties are to file their Joint Status Report is hereby extended from 12/21/2015 to 1/19/2016 pursuant to the 5 Court's "Order Re: Status (Pretrial Scheduling) Conference" filed 7/24/2015. (Kirksey Smith, K) (Entered: 11/25/2015) |
| 2015-11-25 | 16 | FIRST 1 AMENDED COMPLAINT by plaintiff John M. Lowery. (Harrington, Michael) Modified on 3/23/2016 (Marciel, M) (Entered: 11/25/2015) |
| 2015-12-16 | 17 | MOTION to DISMISS by National Transportation Safety Board and US Department of Justice. Motion Hearing set for 2/8/2016 at 1:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Points and Authorities) (Hall, Benjamin) Modified on 2/4/2016 (Marciel, M) (Entered: 12/16/2015) |
| 2015-12-16 | 18 | MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 2/1/2016 to 3/14/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, pending hearing on 17 Defendants' Motion to Dismiss now set for hearing on 2/8/2016. A Joint Status Report shall be filed no later than 2/29/2016. (Kirksey Smith, K) (Entered: 12/16/2015) |
| 2016-01-25 | 19 | OPPOSITION to 17 Motion to Dismiss by John M. Lowery. (Harrington, Michael) Modified on 1/27/2016 (Michel, G.). (Entered: 01/25/2016) |
| 2016-02-01 | 20 | REPLY by National Transportation Safety Board, US Department of Justice in support of 17 Motion to Dismiss. (Hall, Benjamin) (Entered: 02/01/2016) |
| 2016-02-04 | 21 | REQUEST for Approval to Appear Telephonically at 17 Motion to Dismiss Hearing filed by federal defendants. (Attachments: # 1 Proposed Order) (Hall, Benjamin) Modified on 2/4/2016 (Marciel, M) (Entered: 02/04/2016) |
| 2016-02-05 | 22 | MINUTE ORDER (TEXT ONLY): The Court, having been notified of defense counsel's illness as stated in his 21 Request to Appear by Telephone filed 2/4/2016, and with consent of the parties, hereby orders 17 Defendants' Motion to Dismiss continued from 2/8/2016 to 3/7/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Scheduling Conference date is continued from 3/14/2016 to 4/25/2016 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 4/11/2016. (Kirksey Smith, K) (Entered: 02/05/2016) |
| 2016-02-08 | 23 | NOTICE of APPEARANCE by Michael J. Harrington on behalf of John M. Lowery. (Harrington, Michael) (Entered: 02/08/2016) |
| 2016-03-07 | 24 | MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 3/7/2016 re 17 Defendants' Motion to Dismiss. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Michael Harrington present. Defendants Counsel Benjamin Hall present. Court Reporter: Kathy Swinhart. (Kirksey Smith, K) (Entered: 03/07/2016) |
| 2016-03-09 | 25 | MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 3/9/2016 re 17 Motion to Dismiss: IT IS ORDERED that defendants' motion to dismiss plaintiff's eleventh claim seeking to set aside the judgment for fraud on the court be, and the same hereby is, GRANTED, without leave to amend. (Kirksey Smith, K) (Entered: 03/09/2016) |
| 2016-03-11 | 26 | TRANSCRIPT REQUEST by John M. Lowery for proceedings held on 3/7/2016 before Judge Hon. W. B. Shubb. Court Reporter Kathy Swinhart. (Harrington, Michael) (Entered: 03/11/2016) |
| 2016-03-23 | 27 | ANSWER to 16 First Amended Complaint by National Transportation Safety Board and US Department of Justice. (Hall, Benjamin) Modified on 3/23/2016 (Marciel, M) (Entered: 03/23/2016) |
| 2016-04-08 | 28 | TRANSCRIPT of motion hearing held on March 7, 2016, before Senior Judge William B. Shubb, filed by Court Reporter Kathy Swinhart, Phone number 916-446-1347 E-mail kswinhartcsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/29/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/8/2016. (Swinhart, K) (Entered: 04/08/2016) |
| 2016-04-11 | 29 | JOINT STATUS REPORT by National Transportation Safety Board, US Department of Justice and John M. Lowery. (Hall, Benjamin) Modified on 4/12/2016 (Washington, S). (Entered: 04/11/2016) |
| 2016-04-21 | 30 | STATUS PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 04/20/16 ORDERING that the 04/25/16 Status Conference is VACATED; all discovery, including depositions for preservation of testimony, shall be completed by 11/14/16; cross-motions for summary judgment will be on the following briefing schedule: defendants shall file their motion by 10/11/16; plaintiff's opposition and Cross-Motion shall be filed by 12/12/16; defendants' reply and opposition are due 12/20/16; plaintiff's reply is due by 01/13/17; The hearing on the Cross-Motions for Summary Judgment will be 02/06/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A) (Entered: 04/21/2016) |
| 2016-08-02 | 31 | ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Carolyn K. Delaney* to Magistrate Judge Deborah Barnes for all further proceedings. (Dillon, M) (Entered: 08/02/2016) |
| 2016-10-11 | 32 | MOTION for SUMMARY JUDGMENT by National Transportation Safety Board, US Department of Justice. Motion Hearing set for 2/6/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Declaration of John E.Cunningham with Exs 1-25, # 4 Declaration of Melba Moye with Exs 1-14)(Hall, Benjamin) (Entered: 10/11/2016) |
| 2016-10-12 | 33 | DECLARATION of John E. Cunningham III in SUPPORT OF 32 Motion for Summary Judgment. (Hall, Benjamin) (Entered: 10/12/2016) |
| 2016-10-12 | 34 | REQUEST TO SEAL (Proposed Order) by National Transportation Safety Board, US Department of Justice. (Hall, Benjamin) Modified on 10/12/2016 (Kirksey Smith, K). (Entered: 10/12/2016) |
| 2016-10-14 | 35 | ORDER signed by Senior Judge William B. Shubb on 10/13/16 ORDERING that defendants' request to seal the Cunningham Declaration at Docket Number [32-3] is GRANTED. (Kastilahn, A) (Entered: 10/14/2016) |
| 2016-12-09 | 36 | STIPULATION and PROPOSED ORDER for Modifying Satus (PreTrialScheduling) Order by John M. Lowery. (Attachments: # 1 Proposed Order)(Harrington, Michael) (Entered: 12/09/2016) |
| 2016-12-12 | 37 | ORDER MODIFYING Status (Pretrial Scheduling) Ordersigned by Senior Judge William B. Shubb on 12/9/2016 ORDERING The depositions of George Anderson and Frank Gattolin for preservation of evidence shall be completed no later than 2/22/2017; any motion relating to such discovery must be noticed on the magistrate judge's hearing calendar in accordance with the local rules of this court and so that such motions may be heard not later than 2/22/2017; plaintiff shall file his opposition to defendants' motion and his cross-motion for summary judgment no later than 3/23/2017; defendants shall file their reply in support of their motion and opposition to plaintiff's cross-motion no later than 4/25/2017; and plaintiff shall file his reply in support of his cross-motion no later than 5/16/2017; Oral argument on the cross-motions for summary judgment is set on 6/12/2017 at 1:30 p.m., before the Hon. William B. Shubb in Courtroom No. 5. (Reader, L) (Entered: 12/12/2016) |
| 2017-03-27 | 38 | STIPULATION For Dismissal of Action by National Transportation Safety Board, US Department of Justice. (Hall, Benjamin) (Entered: 03/27/2017) |
| 2017-03-27 | 39 | MINUTE ORDER (TEXT ONLY): Pursuant to the 38 Stipulation for Dismissal with prejudice filed 3/27/2017, THIS ACTION IS DISMISSED, and all pending dates and deadlines are VACATED. Civil Case Terminated. CASE CLOSED. (Kirksey Smith, K) (Entered: 03/27/2017) |
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