text:
(PS) Johnson v. Mitchell et al
Federal Civil Lawsuit California Eastern District Court, Case No. 2:10-cv-01968
District Judge Garland E. Burrell, Jr, presiding
Last Updated September 17, 2016 at 10:46 AM EDT (5.3 years ago) Request Update Get E-Mail Alerts
Shepard Johnson, Plaintiff
Represented by Douglas R. Thorn, Esq.
Shepard Johnson-PRO SE EFILER +1 916 208 9969 +1 916 780 4668 smj@surewest.net
Ann Michelle Wand, Defendant
Bobby Hamond, Defendant
Represented by Hamond, Bobby
Bobby Hamond +1 303 718 7718
Catherine Mitchell, Defendant
Represented by 14 South Ridge Road
Catherine Mitchell +1 603 938 2317
Chester Mitchell, Defendant
Chester Mitchell +1 603 938 2317
David Miner, Defendant
Represented by Downey Brand LLP
Robert Dale Ginter +1 916 444 1000 +1 916 444 2100
Kelly Lois Pope +1 916 444 1000 +1 916 444 2100 kpope@downeybrand.com
Efim Shargorodsky, Defendant
Represented by Law Offices of Deborah Barron
Deborah M. Barron +1 916 486 1712 +1 916 927 5524 deborah.barron@lawbarron.com
Pennie Elizabeth Norris +1 916 486 1712 +1 916 927 5524 elizabeth.norris@lawbarron.com
Elena Shargorodsky, Defendant
Ford Hermansen, Defendant
Represented by P.O. Box 1040
Ford Hermansen +1 651 335 5772
James Lynch, Defendant
James Lynch
Judith A. Cohen, Defendant
Judith A. Cohen
Julie Anne Kahler, Defendant
Represented by Kahler, Julie Anne
Julie Anne Kahler +1 864 303 6836
Kim Parsons, Defendant
Represented by Parsons, Kim
Kim Parsons +1 303 442 4036 +1 303 442 3693 kim@bearpawpropertymanagement.com
Lynn Yarrington, Defendant
Represented by Beveridge & Diamond, PC
Gary John Smith +1 415 262 4000 +1 415 262 4040 gsmith@bdlaw.com
Manual Berrocal, Defendant
Martha Thomas, Defendant
Represented by Dykema Cox Smith - Dallas
Monica J Frascona +1 213 457 1734 +1 213 457 1850 mfrascona@dykema.com
Represented by Dykema Gossett, PLLC
Tamara Husbands +1 213 457 1800 +1 213 457 1850 thusbands@dykema.com
Maurine E. Smith, Defendant
Michael Mode, Defendant
Monte Watson, Defendant
Patricia Hermanson, Defendant
Patricia Hermanson
Peter Reinhold, Defendant
Rogelio Arosemena, Defendant
Sandra Tornga, Defendant
Sandra Tornga
Sarah Miner, Defendant
Solarte Inn Corporations, Defendant
Susan Fine, Defendant
Todd E. Johnson, Defendant
Viki Kiman, Defendant
J. Michael Hopper, Intervenor-Plaintiff
Represented by Unknown Firm
Jeremy Luke Hendrix +1 801 232 8976 luke_hendrix544@hotmail.com
J. Russell Cunningham, Trustee
Citation 28 U.S.C. § 1331
Nature of Suit 440 - Civil Rights: Other
ORDER signed by Judge Garland E. Burrell, Jr on 6/17/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/10/13 295 are ADOPTED and Defendant Solarte is DISMISSED for failure to serve process pursuant to FRCP 4(m).(Mena-Sanchez, L)
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/14/2013 RECOMMENDING that 245 judgment be awarded to defendants as provided in these recommendations, and that plaintiff's 258 counter-motion be denied; this rec ommendation, if adopted, resolves the entire case, and it should be closed; Matter referred to Judge Garland E. Burrell, Jr. Any party may file objections to F&R within 14 days after being served; parties are advised that failure to file objections timely may waive the right to appeal. (Waggoner, D)
ORDER ADOPTING 288 FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 5/13/2013. Rogelio Arosemena's and Manual Berrocal's 229 Motion to Dismiss is GRANTED and these defendants are DISMISSED. (Marciel, M)
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/10/13 RECOMMENDING that Defendant Solarte be dismissed for failure to serve process pursuant to Federal Rule of Civil Procedure 4(m). Matter referred to Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
EXHIBITS H, I, J, K re 288 FINDINGS and RECOMMENDATIONS. 292 (Attachments: # 1 Exhibit I, # 2 Exhibit K, # 3 Exhibit J, # 4 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 3/5/2013 (Reader, L). (Entered: 03/04/2013)
EXHIBITS D, E, F, G re 288 FINDINGS and RECOMMENDATIONS. 292 (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G)(Johnson-PRO SE EFILER, Shepard) Modified on 3/5/2013 (Reader, L). (Entered: 03/04/2013)
RESPONSE by Shepard Johnson to [ 290 ] Minute Order. (Attachments: # 1 Declaration of Shepard Johnson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Johnson-PRO SE EFILER, Shepard) Modified on 3/5/2013 (Reader, L). (Entered: 03/04/2013)
SUPPLEMENTAL BRIEF in Support of Joint Motion for Summary Judgment by Todd E. Johnson, Viki Kiman, David Miner, Sarah Miner, Catherine Mitchell, Chester Mitchell, Efim Shargorodsky, Elena Shargorodsky, Sandra Tornga, Ann Michelle Wand. Attorney Pope, Kelly Lois added. (Attachments: # 1 Declaration of James C. Bridgman, # 2 Proof of Service)(Pope, Kelly) Modified on 3/5/2013 (Kastilahn, A). (Entered: 03/04/2013)
MINUTE ORDER: [Text Only] issued by courtroom deputy to Magistrate Judge Gregory G. Hollows: Briefing pursuant to 285 is due March 4, 2013. Plaintiff's request 289 to exceed the page limit is granted. Plaintiff may file briefing not to exceed 35 pages in length, signed by Magistrate Judge Hollows. (Eichhorn, D) (Entered: 02/21/2013)
REQUEST TO EXCEED PAGE LIMIT of further briefing pursuant to 285 Minutes by Shepard Johnson. (Attachments: # 1 Proof of Service) (Johnson-PRO SE EFILER, Shepard) Modified on 2/21/2013 (Michel, G). (Entered: 02/20/2013)
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/14/2013 GRANTING, in part, DENYING, in part, Plaintiff's Request for Judicial Notice; DENYING Plaintiff's Request for Fees and Costs; RECOMMENDING that the 229 Motion to Dismiss be granted; RECOMMENDING that Defendants Berrocal and Arosemena be dismissed from this action. Motion referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/14/2013 GRANTING, in part, DENYING, in part, Plaintiff's Request for Judicial Notice; DENYING Plaintiff's Request for Fees and Costs; RECOMMENDING that the 229 Motion to Dismiss be granted; RECOMMENDING that Defendants Berrocal and Arosemena be dismissed from this action. Motion referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G) (Entered: 02/15/2013)
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/13/13 ORDERING that the dismissal with prejudice is GRANTED; the parties agree to bear their own costs and attorneys. (Becknal, R)
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/13/13 ORDERING that the dismissal with prejudice is GRANTED; the parties agree to bear their own costs and attorneys. (Becknal, R) (Entered: 02/14/2013)
WITHDRAWAL of 283 MOTION for SANCTIONS Violation of LR 260(b) by Shepard Johnson. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 02/11/2013)
MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 1/31/2013. 229 Defendants Berrocal and Arosemena's MOTION to QUASH and MOTION TO DISMISS COMPLAINT addressed first. The motion is taken under submission; formal written order will issue. 245 Defendants' MOTION for SUMMARY JUDGMENT and 258 Plaintiff's CROSS MOTION for SUMMARY JUDGMENT addressed. The court orders further, concurrent briefing, as set forth on the record, due by Monday, March 4, 2013. The parties shall file complete, accurate translations of all non-English documents. No requests for extension will be contemplated. After briefing is filed, the motions will be submitted and a formal written order will issue. Plaintiffs Counsel Pro Se present. Defendants Counsel James Bridgman for Berrocal, Arosemena, Chester and Catherine Mitchell, Tornga and Wand; R. Dale Ginter and Kelly Pope for David and Sarah Miner; Deborah Barron for Todd Johnson, Viki and Elena Shargorodsky present. Court Reporter/CD Number: 1/1. (Eichhorn, D) (Entered: 01/31/2013)
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/30/2013 ORDERING 275 Motion for Extension is DENIED. (Waggoner, D) (Entered: 01/30/2013)
283 Filed: 1/30/2013, Entered: None Motion for Sanctions
MOTION for SANCTIONS Violation of LR 260(b) by Shepard Johnson. Motion Hearing set for 2/28/2013 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/30/2013)
MINUTE ORDER: [Text Only] issued by courtroom deputy D. Eichhorn for Magistrate Judge Gregory G. Hollows: The Court is in receipt of 281 Plaintiff's Motion for Sanctions set for hearing on 01/31/13. The motion is improperly noticed pursuant to Local Rule 230(b) and is, therefore, VACATED. (Eichhorn, D) (Entered: 01/30/2013)
MOTION for SANCTIONS Violation of LR 260(b) by Shepard Johnson. Motion Hearing set for 1/31/2013 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Johnson-PRO SE EFILER, Shepard) (Entered: 01/29/2013)
[PROPOSED] ORDER re 236 STIPULATION of Dimissal by Shepard Johnson. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 1/29/2013 (Mena-Sanchez, L). (Entered: 01/28/2013)
OPPOSITION by Todd E. Johnson, Viki Kiman, Efim Shargorodsky, Elena Shargorodsky to 275 MOTION for 14-DAY EXTENSION OF TIME re 257 Minute Order, 258 MOTION for SUMMARY JUDGMENT. (Barron, Deborah) Modified on 1/29/2013 (Mena-Sanchez, L). (Entered: 01/28/2013)
REPLY by Shepard Johnson to Defendants' OPPOSITION 277 to Motion, 276 , 275 MOTION for 14-DAY EXTENSION OF TIME 257 Minute Order, 258 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/28/2013)
OPPOSITION by Catherine Mitchell to 275 MOTION for 14-DAY EXTENSION OF TIME to file Plantiff's Reply to opposition to cross motion for summary judgment re 257 Minute Order, 258 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Proof of Service)(Bridgman, James) (Entered: 01/25/2013)
OPPOSITION by David Miner, Sarah Miner to 275 MOTION for 14-DAY EXTENSION OF TIME to file Plantiff's Reply to opposition to cross motion for summary judgment re 257 Minute Order, 258 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Proof of Service of Opposition to Request for Extension of Time to File Reply)(Ginter, Robert) (Entered: 01/25/2013)
MOTION for 14-DAY EXTENSION OF TIME to file Plantiff's Reply to opposition to cross motion for summary judgment re 257 Minute Order, 258 MOTION for SUMMARY JUDGMENT by Shepard Johnson. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/25/2013)
REPLY by Todd E. Johnson, Viki Kiman, David Miner, Sarah Miner, Catherine Mitchell, Chester Mitchell, Efim Shargorodsky, Elena Shargorodsky, Sandra Tornga, Ann Michelle Wand to RESPONSE to 245 Motion for Summary Judgment. (Attachments: # 1 Declaration of James Bridgman in Support of Joint Motion for Summary Judgment, # 2 Declaration of R. Dale Ginter, # 3 Declaration of Dario Sandoval Shaik, # 4 Proof of Service)(Ginter, Robert) (Entered: 01/24/2013)
CERTIFICATE of SERVICE by Manual Berrocal re 272 Reply. (Bridgman, James) (Entered: 01/23/2013)
REPLY by Manual Berrocal re 268 Opposition to Motion. (Bridgman, James) (Entered: 01/23/2013)
EXHIBIT Johnson doc 269 exh.G signed re 229 Motion to Dismiss filed by Manual Berrocal. (Johnson-PRO SE EFILER, Shepard) (Entered: 01/18/2013)
REQUEST for JUDICIAL NOTICE by Shepard Johnson in re 269 Declaration. (Johnson-PRO SE EFILER, Shepard) (Entered: 01/18/2013)
DECLARATION of Shepard Johnson in OPPOSITION TO 229 Motion to Dismiss. (Attachments: # 1 Exhibit C,D,E,F,G, # 2 Exhibit H,I,J)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/18/2013)
OPPOSITION by Shepard Johnson to 229 Motion to Dismiss. (Johnson-PRO SE EFILER, Shepard) (Entered: 01/17/2013)
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/16/13 ORDERING that Plaintiff's Request 266 to exceed the 25 page limit imposed by the 3/2/12 order is DENIED. (Mena-Sanchez, L)
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/16/13 ORDERING that Plaintiff's Request 266 to exceed the 25 page limit imposed by the 3/2/12 order is DENIED. (Mena-Sanchez, L) (Entered: 01/17/2013)
REQUEST for permission to Exceed 25 Page Limit by Plaintiff Shepard Johnson re 229 Motion to Dismiss. (Johnson-PRO SE EFILER, Shepard) Modified on 1/15/2013 (Kaminski, H). (Entered: 01/14/2013)
EXHIBIT 26-29 and 30-32 re 258 MOTION for SUMMARY JUDGMENT filed by Shepard Johnson. (Attachments: # 1 Exhibit 30-32)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/04/2013)
EXHIBIT 21-25 re 258 MOTION for SUMMARY JUDGMENT filed by Shepard Johnson. (Johnson-PRO SE EFILER, Shepard) (Entered: 01/04/2013)
EXHIBIT 12 pt2 and 13-20 re 258 MOTION for SUMMARY JUDGMENT filed by Shepard Johnson. (Attachments: # 1 Exhibit 13-20)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/04/2013)
EXHIBIT 10 pt2-11 and 12 re 258 MOTION for SUMMARY JUDGMENT filed by Shepard Johnson. (Attachments: # 1 Exhibit 12 pt 1)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/03/2013)
EXHIBIT 6-9 and 10 pt 1 re 258 MOTION for SUMMARY JUDGMENT filed by Shepard Johnson. (Attachments: # 1 Exhibit 10 pt1)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/03/2013)
EXHIBIT Exhibit 4pt1 and pt2 and exh 5 re 258 MOTION for SUMMARY JUDGMENT filed by Shepard Johnson. (Attachments: # 1 Exhibit 4 pt 2 -5)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/03/2013)
DECLARATION of Shepard Johnson in SUPPORT OF 258 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit 1-3)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/03/2013)
258 Filed: 1/3/2013, Entered: None Motion for Summary Judgment
MOTION for SUMMARY JUDGMENT by Shepard Johnson. Motion Hearing set for 1/31/2013 at 10:00 AM in Courtroom 9 (GGH) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Statement Disputed Facts, # 2 Statement Undisputed Facts, # 3 Statement Opposition to Evidence)(Johnson-PRO SE EFILER, Shepard) (Entered: 01/03/2013)
MINUTE ORDER: [Text Only] issued by courtroom deputy to Magistrate Judge Hollows: On the court's own motion, Defendants Berrocal & Arosema's Motion to Quash and Dismiss 229 set for hearing on December 20, 2012, is CONTINUED to January 31, 2013, at 10:00 a.m. before Judge Hollows, to be heard at the same time as the Motion for Summary Judgment 245 . Objections to the Motion to Quash and Dismiss are due January 17, 2013; reply, if any, is due January 24, 2013. (Eichhorn, D) (Entered: 12/05/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/5/12 ORDERING that the hearing currently set for 12/20/12 is VACATED and RESET for 1/31/2013 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Plaintiff shall file his opoosition and/or his Cross-Motion for Summary Judgment against defendants by 1/3/13. The total number of pages included in Plantiff's filing (brief) shall not exceed 35. Any pages exceeding the 35-page limit will be stricken. Defendants shall file one, consolidated reply to Plaintiff's opposition or Cross-Motion for Summary Judgment by 1/24/13. (Mena-Sanchez, L) (Entered: 12/05/2012)
RESPONSE by David Miner to 254 MOTION for 35-DAY EXTENSION OF TIME to 1/10/2013 re 245 Motion for Summary Judgment. (Attachments: # 1 Proof of Service)(Ginter, Robert) (Entered: 12/03/2012)
MOTION for 35-DAY EXTENSION OF TIME to 1/10/2013 to file an Opposition to 245 Motion for Summary Judgment by Shepard Johnson. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 12/4/2012 (Reader, L). (Entered: 12/02/2012)
DECLARATION of Todd Johnson, Viki Kiman, Efim Shargorodsky, Elena Shargorodsky, Dario Sandoval Shaik, and Juan Carlos Arauz Ramos in SUPPORT OF 245 Motion for Summary Judgment. (Attachments: # 1 Declaration Viki Kiman, # 2 Declaration Efim Shargorodsky, # 3 Declaration Dario Sandoval Shaik, # 4 Declaration Juan Carlos Arauz Ramos)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
DECLARATION of Thomas Aceituno in SUPPORT OF 245 Motion for Summary Judgment. (Attachments: # 1 Exhibit 1) (Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
DECLARATION of Chester Mitchell and Catherine Mitchell in SUPPORT OF 245 Motion for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
DECLARATION in SUPPORT OF 245 Motion for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
DECLARATION of Sondra Tornga in support of 245 Motion for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
DECLARATION of Anne-Michelle Wand. (Attachments: # 1 Exhibit 1)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
DECLARATION of R. Dale Ginter in SUPPORT OF 245 Motion for Summary Judgment. (Attachments: # 1 Exhibit 1)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
DECLARATION of David Miner in support of 245 Motion for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
245 Filed: 11/21/2012, Entered: None Motion for Summary Judgment
MOTION for SUMMARY JUDGMENT by Todd E. Johnson, Viki Kiman, David Miner, Sarah Miner, Catherine Mitchell, Chester Mitchell, Efim Shargorodsky, Elena Shargorodsky, Sandra Tornga, Ann Michelle Wand. Attorney Ginter, Robert Dale added. Motion Hearing set for 12/20/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Points and Authorities, # 2 Statement, # 3 Request for Judicial Notice, # 4 Appendix, # 5 Exhibit 1, # 6 Proof of Service)(Ginter, Robert) Modified on 11/27/2012 (Manzer, C). (Entered: 11/21/2012)
RESPONSE to 22 Order to Show Cause by Julie Anne Kahler. (Michel, G) (Entered: 10/29/2012)
RESPONSE to 228 ORDER to SHOW CAUSE by Sandra Tornga. (Bridgman, James) Modified on 10/23/2012 (Michel, G). (Entered: 10/22/2012)
RESPONSE to 228 ORDER to SHOW CAUSE by Ann Michelle Wand. (Bridgman, James) Modified on 10/23/2012 (Michel, G). (Entered: 10/22/2012)
DECLARATION of Shepard Johnson in response to 228 Order. (Johnson-PRO SE EFILER, Shepard) Modified on 10/22/2012 (Michel, G). (Entered: 10/19/2012)
CERTIFICATE of SERVICE re 239 Designation of Counsel by Sandra Tornga. (Bridgman, James) Modified on 10/22/2012 (Michel, G). (Entered: 10/19/2012)
DESIGNATION of COUNSEL FOR SERVICE. Attorney James C. Bridgman ADDED for Sandra Tornga. (Bridgman, James) Modified on 10/22/2012 (Michel, G). (Entered: 10/19/2012)
CERTIFICATE of SERVICE re 237 Designation of Counsel by Ann Michelle Wand. (Bridgman, James) Modified on 10/22/2012 (Michel, G). (Entered: 10/19/2012)
DESIGNATION of COUNSEL FOR SERVICE. Attorney James C. Bridgman ADDED for Ann Michelle Wand. (Bridgman, James) Modified on 10/22/2012 (Michel, G). (Entered: 10/19/2012)
STIPULATION of Dimissal as to Bobby Hammond by Shepard Johnson. (Johnson-PRO SE EFILER, Shepard) Modified on 10/16/2012 (Zignago, K.). (Entered: 10/15/2012)
CERTIFICATE of SERVICE by Manual Berrocal. (Bridgman, James) (Entered: 10/11/2012)
RESPONSE to ORDER to SHOW CAUSE by Manual Berrocal. (Bridgman, James) (Entered: 10/11/2012)
CERTIFICATE of SERVICE by Manual Berrocal re 230 Memorandum in Support of Motion, 232 Declaration, 231 Declaration, 229 Motion to Dismiss. (Bridgman, James) (Entered: 10/11/2012)
DECLARATION of Manuel Jose Berrocal in support of 229 Motion to Dismiss. (Bridgman, James) (Entered: 10/11/2012)
DECLARATION of Rogelio Arosemena in support of 229 Motion to Dismiss. Attorney Bridgman, James C. added. (Bridgman, James) (Entered: 10/11/2012)
MEMORANDUM by Manual Berrocal in support of 229 Motion to Dismiss. (Bridgman, James) (Entered: 10/11/2012)
229 Filed: 10/11/2012, Entered: None Motion to Dismiss
MOTION to DISMISS for LACK of JURISDICTION by Manual Berrocal. Attorney Bridgman, James C. added. Motion Hearing set for 12/20/13 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Bridgman, James) Modified on 2/15/2013 (Michel, G). (Entered: 10/11/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/9/2012 ORDERING that the deadline by which defendants shall file one, consolidated motion for summary judgment is 11/21/2012. At this time, plaintiff may move for an entry of default against defendants Arosemena, Berrocal, Kahler, Lynch and Wand pursuant to Fed. R. Civ. P. 55(a). Plaintiff shall file his opposition, if any, and /or his cross-motion for summary judgement against defendants by 12/6/2012. Defendants shall file one, conso lidated reply to plaintiff's opposition or cross-motion for summary judgment by 12/13/2012. A hearing on the motions for summary judgment will be held on 12/20/2012. The undersigned FURTHER ORDERS Plaintiff shall file with the court, within te (10) days from the date upon which this order is issued, a declaration setting forth the date and manner in which service of process was completed as to defendants Reinhold and Solarte. Defendants Arosemena, Berrocal, Hammond, Kahler, Lynch, Tornga and Wand shall show cause in writing, within 20 days of entry of this order, why an entry of default or other sanctions should not be entered against them for their failure to comply with court orders. (Zignago, K.)
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/9/2012 ORDERING that the deadline by which defendants shall file one, consolidated motion for summary judgment is 11/21/2012. At this time, plaintiff may move for an entry of default against defendants Arosemena, Berrocal, Kahler, Lynch and Wand pursuant to Fed. R. Civ. P. 55(a). Plaintiff shall file his opposition, if any, and /or his cross-motion for summary judgement against defendants by 12/6/2012. Defendants shall file one, consolidated reply to plaintiff's opposition or cross-motion for summary judgment by 12/13/2012. A hearing on the motions for summary judgment will be held on 12/20/2012. The undersigned FURTHER ORDERS Plaintiff shall file with the court, within te (10) days from the date upon which this order is issued, a declaration setting forth the date and manner in which service of process was completed as to defendants Reinhold and Solarte. Defendants Arosemena, Berrocal, Hammond, Kahler, Lynch, Tornga and Wand shall show cause in writing, within 20 days of entry of this order, why an entry of default or other sanctions should not be entered against them for their failure to comply with court orders. (Zignago, K.) (Entered: 10/10/2012)
MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 10/4/2012 re 222 Findings and Recommendations (Motion,,, Order,,,, Set/Reset Deadlines and Hearings,,,, Order on Motion for Reconsideration. The court and will issue a written order setting a schedule for summary judgment and memorializing the issues discussed today. Plaintiffs Counsel Pro Se Plaintiff present. Defendants Counsel James Bridgemant for Chester and Catherine Mitchell, via telephone, Robert Dale Ginter forr David and Sarah Miner and Deborah Barron for Todd E. Johnson, Viki Kiman and Efim Shargorodsky present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 10/04/2012)
JOINT STATUS REPORT by Shepard Johnson, Todd E. Johnson, Viki Kiman, David Miner, Sarah Miner, Catherine Mitchell, Chester Mitchell, Efim Shargorodsky, Elena Shargorodsky. (Barron, Deborah) (Entered: 09/27/2012)
ORDER SUBSTITUTING ATTORNEY signed by Judge Garland E. Burrell, Jr. on 09/11/12 ORDERING that attorney James C. Bridgman is SUBSTITUTED in for defendants Catherine Mitchell and Chester Mitchell. (Benson, A.) (Entered: 09/12/2012)
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Chester Mitchell. (Bridgman, James) (Entered: 09/11/2012)
ORDER signed by Judge Garland E. Burrell, Jr on 8/29/12 ADOPTING IN FULL 222 Findings and Recommendations; Plaintiffs claims against defendant Ford Hermanson are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 21 and defendant Ford Hermanson is DISMISSED from the action. (Meuleman, A) Modified on 8/29/2012 (Meuleman, A).
ORDER signed by Judge Garland E. Burrell, Jr on 8/29/12 ADOPTING IN FULL 222 Findings and Recommendations; Plaintiffs claims against defendant Ford Hermanson are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 21 and defendant Ford Hermanson is DISMISSED from the action. (Meuleman, A) Modified on 8/29/2012 (Meuleman, A). (Entered: 08/29/2012)
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 8/7/12 ORDERING 221 Reply filed by Ford Hermansen be STRICKEN and DENYING 219 Motion for Reconsideration. Status (Pretrial Scheduling) Conference set for 10/4 /2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; status report due no later than 9/27/12. All discovery shall remain STAYED until the court's status conference has taken place. IT IS ALSO HEREBY RECOMMENDED that plaintiff's claims against defendant Ford Hermanson be dismissed without prejudice pursuant to FRCP 21 and that defendant Ford Hermanson be dismissed from the action. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A)
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 8/7/12 ORDERING 221 Reply filed by Ford Hermansen be STRICKEN and DENYING 219 Motion for Reconsideration. Status (Pretrial Scheduling) Conference set for 10/4/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; status report due no later than 9/27/12. All discovery shall remain STAYED until the court's status conference has taken place. IT IS ALSO HEREBY RECOMMENDED that plaintiff's claims against defendant Ford Hermanson be dismissed without prejudice pursuant to FRCP 21 and that defendant Ford Hermanson be dismissed from the action. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A) (Entered: 08/08/2012)
(STRICKEN - SEE 222 ORDER) REPLY by Ford Hermansen to Shepard Johnson's Brief dated 7/28/2012 re Ford Hermanson's. 218 (Reader, L) Modified on 8/9/2012 (Meuleman, A). (Entered: 08/02/2012)
MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: STATUS CONFERENCE held on 8/2/2012. The matter of the Domicil is submitted and the court will issue a written order. Plaintiffs Counsel Shepard Johnson, Pro Se present. Defendants Counsel Ford Hermanson, Pro Se via telephone. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 08/02/2012)
MOTION for RECONSIDERATION re 218 Order by Shepard Johnson. (Johnson-PRO SE EFILER, Shepard) (Entered: 08/01/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/31/2012 ORDERING that plaintiff's unauthorized reply brief and supporting documentation (dkt. nos. 216 , 217 ) are STRICKEN. (Zignago, K.) (Entered: 07/31/2012)
[*** STRICKEN PER 218 ORDER ***] REPLY BRIEF by Shepard Johnson re 212 Minute Order, 216 Reply Brief. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 7/30/2012 (Reader, L). Modified on 7/31/2012 (Zignago, K.). (Entered: 07/29/2012)
[*** STRICKEN PER 218 ORDER ***] REPLY BRIEF by Shepard Johnson re 210 Order and Findings and Recommendations, re 211 Objections. (Attachments: # 1 Declaration of Shepard Johnson)(Johnson-PRO SE EFILER, Shepard) Modified on 7/30/2012 (Reader, L). Modified on 7/31/2012 (Zignago, K.). (Entered: 07/29/2012)
ORDER signed by Judge Garland E. Burrell, Jr on 7/18/12 ORDERING 210 Findings and Recommendations are ADOPTED IN FULL; Defendant Patricia Hermanson's motion to dismiss for lack of personal jurisdiction (dkt. no. 193) is GRANTED IN PART and plaintiff's claims against defendant Patricia Hermanson are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the United States District Court for the District of Minnesota.(Matson, R) (Entered: 07/19/2012)
MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Magistrate Judge Gregory G. Hollows on 7/10/2012: The Court has reviewed defendant Ford Hermanson's objections 211 . The Court nevertheless finds it appropriate to conduct a hearing, as currently scheduled, on August 2, 2012 at 10:00 am before Judge Hollows. Defendant may appear via telephone and shall make appropriate arrangements with the undersigned's Courtroom Deputy. (TEXT ONLY ENTRY) (Shaddox-Waldrop, A) (Entered: 07/10/2012)
OBJECTIONS by Defendant Ford Hermansen to oral argument concerning domicile. (Becknal, R) (Entered: 07/10/2012)
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/25/2012 GRANTING 209 Request for Oral Hearing; SETTING a Hearing on the matter of Defendant Ford Hermanson's domicile for 8/2/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; RECOMMENDING that Defendant Patricia Hermanson's 193 Motion to Dismiss for Lack of Personal Jurisdiction be granted in part; RECOMMENDING that the plaintiff's claims against Defendant Patricia Hermanson be severed and transferred to the United States District Court for the District of Minnesota. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G) (Entered: 06/26/2012)
REQUEST for Oral Hearing by Shepard Johnson re 202 Response, filed by Shepard Johnson, 206 Brief filed by Ford Hermansen. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 06/19/2012)
SUPPLEMENT to 206 Brief by Ford Hermansen. (Manzer, C) (Entered: 06/19/2012)
REPLY by defendant Patricia Hermanson to plaintiff's 201 Opposition to 193 Motion to Dismiss for lack of personal jurisdiction. (Marciel, M) (Entered: 06/14/2012)
BRIEF by Ford Hermansen regarding his domicile in Panama and combined Affidavit. (Marciel, M) (Entered: 06/13/2012)
CLERK'S NOTICE of DOCKET CORRECTION: Certain defendants were terminated and their cases severed and transferred to other Districts pursuant to 203 Order Adopting Findings and Recommendations and 204 Order Adopting Findings and Recommendations. This case remains OPEN to all other defendants. (Benson, A.) (Entered: 06/13/2012)
ORDER signed by Judge Garland E. Burrell, Jr on 6/8/12 ADOPTING in full 200 Findings and Recommendations; GRANTING IN PART 181 Motion to Dismiss, and plaintiff's claims against defendant Parsons are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the U.S. District Court for the District of Colorado; DENYING WITHOUT PREJUDICE 193 Motion to Dismiss. Plaintiff's 199 Request for Leave to amend the third amended complaint is DENIED. (Meuleman, A) (Entered: 06/11/2012)
ORDER ADOPTING 197 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 05/31/12 and ORDERING that defendants Mode and Yarrington's 179 Motion to Dismiss for lack of personal jurisdiction is GRANTED IN PART; plaintiff's claims against defendants Mode and Yarrington are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the U.S. District Court for the District of Vermont. Defendant Ford Hermansen's 151 Motion to Dismiss for lack of personal jurisdiction is DENIED. (Benson, A.) (Entered: 06/01/2012)
RESPONSE to 197 Order and Findings and Recommendations re Defendant Hermansen's residence as of 10/28/2010 by Shepard Johnson. (Attachments: # 1 Declaration, # 2 Proof of Service) (Johnson-PRO SE EFILER, Shepard) Modified on 5/29/2012 (Michel, G). (Entered: 05/25/2012)
RESPONSE by Shepard Johnson to 193 MOTION to DISMISS for LACK of JURISDICTION. (Attachments: # 1 Declaration)(Johnson-PRO SE EFILER, Shepard) (Entered: 05/22/2012)
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/10/12, RECOMMENDING that Defendant Kim Parsons's 181 motion to dismiss for lack of personal jurisdiction be granted in part and that plaintiff's claims against defendant Parsons be severed under Fed. R. Civ. P. 21 and transferred to the United States District Court for the District of Colorado. Defendant Kim Parsons's motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6) be denied without prejudice. Plaintiff's request for leave to amend the third amended complaint be denied. Case referred to Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A) (Entered: 05/10/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/31/2012 ORDERING that plaintiff's unauthorized reply brief and supporting documentation (dkt. nos. 216 , 217 ) are STRICKEN. (Zignago, K.)
RESPONSE by Shepard Johnson to 181 MOTION to DISMISS. (Attachments: # 1 Declaration, # 2 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 05/04/2012)
ORDER signed by Judge Garland E. Burrell, Jr on 7/18/12 ORDERING 210 Findings and Recommendations are ADOPTED IN FULL; Defendant Patricia Hermanson's motion to dismiss for lack of personal jurisdiction (dkt. no. 193) is GRANTED IN PART and plaintiff's claims against defendant Patricia Hermanson are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the United States District Court for the District of Minnesota.(Matson, R)
CERTIFICATE of SERVICE by Patricia Hermanson re 195 MOTION for Withdrawal of Motion to Stay Proceedings. (Kastilahn, A) (Entered: 05/04/2012)
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/25/2012 GRANTING 209 Request for Oral Hearing; SETTING a Hearing on the matter of Defendant Ford Hermanson's domicile for 8/2/2012 at 10:00 AM in Courtro om 9 (GGH) before Magistrate Judge Gregory G. Hollows; RECOMMENDING that Defendant Patricia Hermanson's 193 Motion to Dismiss for Lack of Personal Jurisdiction be granted in part; RECOMMENDING that the plaintiff's claims against Defendant Patricia Hermanson be severed and transferred to the United States District Court for the District of Minnesota. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/4/2012 ORDERING Plaintiff to file and serve either (a) a Brief and Declaration re Defendant Hermansen's residence as of 10/28/2010, or (b) a Request for Dismissal of Defendant Hermansen; ORDERING Defendant Hermansen to Reply to the Brief and Declaration, if submitted, within 21 days of service; RECOMMENDING that the 179 Motion to Dismiss the 119 Third Amended Complaint for lack of personal jurisdiction be granted in part and that Plaintiffs claims against Defendants Mode and Yarrington be severed under F.R.Cv.P. 21 and transferred to the U.S. District Court for the District of Vermont; RECOMMENDING that the 151 Motion to Dismiss the 119 Third Amended Complaint for lack of personal jurisdiction be denied. Motions referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G) (Entered: 05/04/2012)
ORDER ADOPTING 197 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 05/31/12 and ORDERING that defendants Mode and Yarrington's 179 Motion to Dismiss for lack of personal jurisdiction is GRANTED IN PART; plaint iff's claims against defendants Mode and Yarrington are SEVERED under Fed. R. Civ. P. 21 and TRANSFERRED to the U.S. District Court for the District of Vermont. Defendant Ford Hermansen's 151 Motion to Dismiss for lack of personal jurisdiction is DENIED. (Benson, A.)
DECLARATION of Walter Dean in SUPPORT OF 190 MOTION. (Johnson-PRO SE EFILER, Shepard) (Entered: 05/02/2012)
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/10/12, RECOMMENDING that Defendant Kim Parsons's 181 motion to dismiss for lack of personal jurisdiction be granted in part and that plaintiff's claims agains t defendant Parsons be severed under Fed. R. Civ. P. 21 and transferred to the United States District Court for the District of Colorado. Defendant Kim Parsons's motion to dismiss for failure to state a claim upon which relief can be granted pur suant to Fed. R. Civ. P. 12(b)(6) be denied without prejudice. Plaintiff's request for leave to amend the third amended complaint be denied. Case referred to Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
MOTION for Withdrawal of Motion to Stay Proceedings re 193 MOTION to Stay Proceedings by Patricia Hermanson. (Meuleman, A) Modified on 5/1/2012 (Meuleman, A). (Entered: 05/01/2012)
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/4/2012 ORDERING Plaintiff to file and serve either (a) a Brief and Declaration re Defendant Hermansen's residence as of 10/28/2010, or (b) a Request for Di smissal of Defendant Hermansen; ORDERING Defendant Hermansen to Reply to the Brief and Declaration, if submitted, within 21 days of service; RECOMMENDING that the 179 Motion to Dismiss the 119 Third Amended Complaint for lack of personal jurisdic tion be granted in part and that Plaintiffs claims against Defendants Mode and Yarrington be severed under F.R.Cv.P. 21 and transferred to the U.S. District Court for the District of Vermont; RECOMMENDING that the 151 Motion to Dismiss the 119 Third Amended Complaint for lack of personal jurisdiction be denied. Motions referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/30/12 GRANTING 192 Motion for Extension for filing a motion to dismiss for lack of personal jurisdiction. Plaintiff shall file any opposition to 193 MOTION to DISMISS for LACK of JURISDICTION filed by Patricia Hermanson within 21 days of the date of service of this order. Defendant Patricia Hermansen shall file any reply brief within 14 days of service with plaintiff's opposition, after which the motion shall be submitted on the record without oral argument. (Meuleman, A) (Entered: 05/01/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/30/12 GRANTING 192 Motion for Extension for filing a motion to dismiss for lack of personal jurisdiction. Plaintiff shall file any opposition to 193 MOTION to DISMISS for LACK of JURISDICTI ON filed by Patricia Hermanson within 21 days of the date of service of this order. Defendant Patricia Hermansen shall file any reply brief within 14 days of service with plaintiff's opposition, after which the motion shall be submitted on the record without oral argument. (Meuleman, A)
193 Filed: 4/26/2012, Entered: None Motion to Dismiss
MOTION to DISMISS 119 Third Amended for LACK of JURISDICTION by Patricia Hermanson. (Michel, G) (Entered: 04/27/2012)
MOTION for EXTENSION OF TIME to to file a Motion to Dismiss the Plaintiff's 119 Third Amended Complaint by Patricia Hermanson. (Michel, G) (Entered: 04/27/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/20/12 ORDERING that Plaintiff's motion for leave to serve process on defendants Berrocal and Arosemena 190 is GRANTED along the terms outlined in this order; Within seven (7) days of the date of service of this order, plaintiff shall effectuate service by having the required service papers and a copy of this order served on defendants Berrocal and Arosemena via BOTH: (a) e-mail, at all known e-mail addresses for each defendant, and (b) U.S. Express Mail International, all postage pre-paid, at all known mailing addresses for each defendant. Plaintiff shall also file a declaration from the process server indicating the date on which both methods of service were accomplished; Service will be deemed complete within 14 days after the papers to be served by U.S. Express Mail International are deposited in the mail. (Becknal, R) (Entered: 04/23/2012)
MOTION for Leave To Serve Service Of Process Via Email by Shepard Johnson re 169 Order. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 4/18/2012 (Matson, R). (Entered: 04/16/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/13/12 VACATING the 4/19/12 hearing on dfts' 151 and 179 Motions to Dismiss; these motions are submitted on the record without oral argument. In regards to dft Kim Parson's 181 Motion to Dismiss, pltf shall file an opposition within 21 days; dft Parsons shall file any reply within 14 days thereafter. (Manzer, C) (Entered: 04/13/2012)
REPLY by defendants in support of 179 Motion to Dismiss 119 Third Amended Complaint for lack of personal jurisdiction. (Attachments: # 1 Proof of Service) (Smith, Gary) Modified on 4/13/2012 (Marciel, M). (Entered: 04/12/2012)
[DISREGARD - DUPLICATE - REFER TO 188 FILING AS ORIGINAL] REPLY by defendants in support of 179 Motion to Dismiss 119 Third Amended Complaint for lack of personal jurisdiction. (Smith, Gary) Modified on 4/13/2012 (Marciel, M) (Entered: 04/12/2012)
RESPONSE by Shepard Johnson to 179 Motion to Dismiss 119 Third Amended Complaint for lack of personal jurisdictionMotion to Dismiss 119 Third Amended Complaint for lack of personal jurisdiction. (Attachments: # 1 Declaration)(Johnson-PRO SE EFILER, Shepard) (Entered: 04/05/2012)
RESPONSE by Shepard Johnson to 151 Motion to Dismiss Third Amended Complaint for lack of personal jurisdiction. (Attachments: # 1 Declaration, # 2 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 04/05/2012)
MINUTE ORDER: [TEXT ONLY] Plaintiff's request for clarification (docket no. 183) is granted. Plaintiff is correct. The motions to dismiss of defendants Mode, Yarrington, and Hermansen will be heard on April 19, 2012, signed by Magistrate Judge Gregory G. Hollows on 04/03/2012. (Eichhorn, D) (Entered: 04/03/2012)
REQUEST for Clarification by Shepard Johnson of number of motions to dismiss to be heard on 4/19/12 and specifically which defendants motions will be heard on that date. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 4/3/2012 (Meuleman, A). (Entered: 04/02/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/30/12 DENYING 180 Plaintiff's Motion for Extension of time. (Donati, J) (Entered: 03/30/2012)
MOTION to DISMISS and Waiver of Service, by Kim Parsons. (Kastilahn, A) (Entered: 03/30/2012)
MOTION for 7 days to 51 days-DAY EXTENSION OF TIME to respond to Motions to Dismiss 119 , 151 , and 179 and re 178 Order. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 3/28/2012 (Kastilahn, A). (Entered: 03/27/2012)
MOTION to DISMISS 119 Third Amended Complaint for lack of personal jurisdiction by Michael Mode. Motion Hearing set for 4/19/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Lynn Yarrington, # 3 Declaration of Michael Mode) (Smith, Gary) Modified on 3/23/2012 (Marciel, M) (Entered: 03/22/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/22/12; Plaintiff's motion for leave to serve defendant Kim Parsons with process by publication (dkt. no. 173) is granted; Defendant Kim Parsons shall be served by publication pursuant to Fed. R. Civ. P. 4(e)(1) and Cal. Civ. Proc. Code § 415.50; Within seven (7) days of this order, plaintiff shall make arrangements to publish summons for defendant Parsons in the Sacramento Bee newspaper and in Boulder, Colorado's Daily Camera newspaper once a week for four successive weeks, and shall file a declaration indicating when the notices will be published. Service will be deemed complete as provided in Cal. Gov't Code § 6064; Within seven (7) days of this order, plaintiff shall send copies of the summons, operative complaint, and this order for publication to defendant Parsons via mail and e-mail at all of her known mailing addresses and e-mail addresses. Furthermore, a copy of the summons, the operative complaint, and this order for publication shall be forthwith sent to defendant Parsons at any additional address or e-mail address ascertained before expiration of the time prescribed for publication of the summons.(Matson, R) (Entered: 03/22/2012)
ORDER signed by Judge Garland E. Burrell, Jr. on 3/21/2012 ADOPTING 169 Findings and Recommendations; DISMISSING claims against Defendants Judith Cohen, Maurine Smith and Susan Fine without prejudice pursuant to F.R.Cv.P. 21; GRANTING, in part, 131 Motion to Dismiss for Lack of Personal Jurisdiction; SEVERING and TRANSFERRING claims against Defendant Martha Thomas to USDC - District of Colorado pursuant to F.R.Cv.P. 21. Copy of remand order sent to other court. Maurine E. Smith, Martha Thomas, Judith A. Cohen and Susan Fine TERMINATED. (Michel, G) (Entered: 03/22/2012)
MINUTE ORDER: re 174 Minute Order. Upon further review of Plaintiff's Motion 173 , the court vacates its previous minute order 174 . Therefore, Plaintiff's Motion for Miscellaneous Relief is hereby under submission and the court will issue a written order.(Callen, V) (Entered: 03/20/2012)
MINUTE ORDER: re 173 Motion for Miscellaneous Relief. Plaintiff's motion filed on March 20, 2012 is vacated from the calendar. Plaintiff must abide by Rule 230(b), Fed. R. Civ. P. 78. (Callen, V) (Entered: 03/20/2012)
MOTION for LEAVE to serve via Publishing by Shepard Johnson. Motion Hearing set for 4/17/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Proof of Service) (Johnson-PRO SE EFILER, Shepard) Modified on 3/21/2012 (Marciel, M). (Entered: 03/20/2012)
LETTER from defendant Patricia Hermanson regarding appearance in action pursuant to 114 Answer filed 10/20/2011. (Marciel, M) (Entered: 03/20/2012)
ORDER granting in part 170 Motion for Reconsideration signed by Magistrate Judge Gregory G. Hollows on 3/16/12. (Kaminski, H) (Entered: 03/16/2012)
MOTION for RECONSIDERATION and Clarification by Shepard Johnson re 169 Order and Findings and Recommendations. (Attachments: # 1 Proof of Service)(Johnson-PRO SE EFILER, Shepard) Modified on 3/16/2012 (Reader, L). (Entered: 03/15/2012)
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/2/12 DENYING 168 Motion to continue Decision, DENYING 143 Motion for Leave to Conduct Discovery, DISCHARGING 154 Order to Show Cause and LIMITING Plaintiff's future filings. Plaintiff is GRANTED a final 60-day period within which to complete service of process on all defendants. It is HEREBY RECOMMENDED that Plaintiff's claims against defendants Cohen, Smith and Fine be dismissed without prejudice. It is FURTHER RECOMMENDED that the 131 Motion to Dismiss Motion to Dismiss filed by Martha Thomas be granted in part, plaintiff's claims against Thomas be severed pursuant to FRCP 21 and these claims be transferred to the United States District Court, District of Colorado. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Donati, J) (Entered: 03/02/2012)
MOTION to Continue Decision on Briefs (Johnson-PRO SE EFILER, Shepard) Modified on 2/28/2012 (Meuleman, A). (Entered: 02/24/2012)
RESPONSE by Shepard Johnson to 154 Order to Show Cause (Attachments: # 1 Declaration, # 2 Proof of Service)(Johnson-PRO SE EFILER, Shepard) (Entered: 02/23/2012)
OBJECTIONS by Defendant Martha Thomas to 164 Reply. (Frascona, Monica) (Entered: 02/23/2012)
OBJECTIONS by Defendant Martha Thomas to the Court's consideration of plaintiff's references to deposition testimony. (Frascona, Monica) Modified on 2/24/2012 (Benson, A.). (Entered: 02/23/2012)
REPLY by Martha Thomas in support of 131 Motion to Dismiss. (Frascona, Monica) Modified on 2/24/2012 (Benson, A.). (Entered: 02/23/2012)
CORRECTED 160 REQUEST for JUDICIAL NOTICE by Shepard Johnson in re 158 Opposition to Motion. (Johnson-PROSE EFILER, Shepard) (Entered: 02/21/2012)
CORRECTED BRIEF by Shepard Johnson re subject matter jurisdiction and diversity of jurisdiction. (Johnson-PROSE EFILER, Shepard) Modified on 2/22/2012 (Benson, A.). (Entered: 02/21/2012)
CORRECTED 160 DECLARATION of Shepard Johnson in support of 158 Opposition to Motion to Dismiss. (Johnson-PROSE EFILER, Shepard) Modified on 2/21/2012 (Benson, A.). (Entered: 02/19/2012)
DECLARATION of Shepard Johnson in support of 158 Opposition to Motion to Dismiss. (Attachments: # 1 Exhibit part 1, # 2 Exhibit part 2, # 3 Request for Judicial Notice, # 4 Proof of Service)(Johnson-PROSE EFILER, Shepard) (Entered: 02/17/2012)
EXHIBITS in support of 158 Opposition to Motion to Dismiss. (Attachments: # 1 Exhibit Miner part 2, # 2 Exhibit Fine part 1, # 3 Exhibit Fine part 2)(Johnson-PROSE EFILER, Shepard) Modified on 2/21/2012 (Benson, A.). (Entered: 02/17/2012)
OPPOSITION by Shepard Johnson to 131 Motion to Dismiss. (Attachments: # 1 Exhibits 1-48 part 1, # 2 Exhibits 1-48 part 2, # 3 Exhibits 1-48 part 3, # 4 Exhibits 1-48 part 4, # 5 Exhibits 1-48 part 5)(Johnson-PROSE EFILER, Shepard) Modified on 2/17/2012 (Kaminski, H). (Entered: 02/17/2012)
BRIEF re Subject Matter Jurisdiction re 154 Order to Show Cause, by Shepard Johnson. (Johnson-PROSE EFILER, Shepard) Modified on 2/17/2012 (Kaminski, H). (Entered: 02/16/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/31/2012 VACATING the Motion Hearing on 2/16/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows, GRANTING IN PART 155 Motion th Continue, ORDERING Plaintiff to show cause in writing by 2/23/2012 as to why Defendants Arosemena, Berrocal, Reinhold, Smith, Fine, Parsons and Solarte Inn Corporation should not be dismissed pursuant to F.R.Cv.P. 41(b). (Michel, G) (Entered: 01/31/2012)
MOTION to CONTINUE from 2/16/2012 to 2/23/2012 by Shepard Johnson. Motion Hearing set for 2/16/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Proof of Service)(Johnson-PROSE EFILER, Shepard) (Entered: 01/30/2012)
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/27/2012. Plaintiff shall either file a Brief addressing propriety of subject matter jurisdiction or move to dismiss U.S. Citizen defendants no later than 2/16/2012. The 2/9/20102 Hearing of defendant Martha Thomas's 141 Motion to Dismiss is VACATED. Plaintiff shall file a Response to Motion no later than 2/16/2012. Defendant Thomas may file a Reply by 2/23/2012. Plaintiff's 143 Motion for Jurisdictional Discovery is taken UNDER SUBMISSION. Defendant Ford Hermansen's 151 Motion to Dismiss for Lack of Personal Jurisdiction Hearing is RE-SET for 4/19/2012 at 10:00 AM in Courtroom 9 (GGH). Any other defendants intending to file a Motion to Dismiss shall file such by 3/22/2012 and notice for hearing on 4/19/2012 at 10:00 before Magistrate Judge Hollows. No later than 2/16/2012, plaintiff shall SHOW CAUSE, in writing, why defendants Rogelio Arosemena, Manuel Berrocal, Peter Reinhold, Maurine E. Smith, Susan Fine, Kim Parsons, and Solarte Inn Corporation should not be dismissed for failure to prosecute. Discovery in this matter will remain STAYED pending final resolution of issue of subject matter jurisdiction as well as any Motions to Dismiss for lack of personal jurisdiction. (Marciel, M) (Entered: 01/27/2012)
MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 1/26/2012 re 143 Motion for Leave to conduct jurisdictional discovery filed by Shepard Johnson. The motion is submitted and the court will issue a written order. Plaintiffs Counsel Pro Se Plaintiff present. Defendants Counsel Jon Cantor via telephone, Kelly L. Pope and Gary Smith present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 01/26/2012)
MINUTE ORDER: re 151 Motion to Dismiss: The defendant's motion filed 1/24/2012 will be heard before Magistrate Judge Hollows on February 23, 2012 @ 10:00 a.m. in courtroom #9 on the 13th floor. If the parties have any questions please contact Valerie Callen, Court Clerk to Magistrate Judge Hollows @ (916) 930-4199. (Callen, V) (Entered: 01/24/2012)
MOTION to DISMISS THIRD AMENDED COMPLAINT for LACK of PERSONAL JURISDICTION by defendant Ford Hermansen. (Marciel, M) (Entered: 01/24/2012)
REPLY by Shepard Johnson re 143 Motion for Leave to conduct jurisdictional discovery. (Attachments: # 1 Exhibit Exhibit A,B,D,E,F, # 2 Exhibit Exhibit C)(Johnson-PROSE EFILER, Shepard) (Entered: 01/19/2012)
JOINT STATUS REPORT by all parties. (Barron, Deborah) Modified on 1/13/2012 (Marciel, M). (Entered: 01/12/2012)
OPPOSITION by Martha Thomas to 143 Motion for Leave to conduct jurisdictional discovery. (Frascona, Monica) Modified on 1/13/2012 (Marciel, M). (Entered: 01/12/2012)
ORDER vacating 144 Motion to Dismiss for Lack of Jurisdiction (Callen, V) (Entered: 01/10/2012)
MINUTE ORDER: re 144 Motion to Dismiss/Lack of Jurisdiction. The Defendant filed a motion to dismiss attempting to place this matter before the court on Thursday, January 26, 2012. The defendant is directed to L.R. 230(b). The motion to dismiss is vacated at this time without prejudice to the defendant, subject to its refiling. (Callen, V) (Entered: 01/10/2012)
STATUS REPORT by defendant Ford Hermansen. (Marciel, M) (Entered: 01/10/2012)
144 Filed: 1/9/2012, Entered: None Motion to Dismiss
MOTION to DISMISS for LACK of PERSONAL JURISDICTION by defendant Ford Hermansen. Motion Hearing set for 1/26/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; MEMORANDUM of Points and Authorities in support. (Marciel, M) (Entered: 01/10/2012)
MOTION for LEAVE to conduct jurisdictional or in the alternatively, REQUEST for 30-day Extension to respond to defendants' Motion to Dismiss by Shepard Johnson. Motion Hearing set for 1/26/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Declaration of Shepard Johnson, # 2 Proof of Service) (Johnson-PROSE EFILER, Shepard) Modified on 12/23/2011 (Duong, D). (Entered: 12/22/2011)
ANSWER to 119 Third Amended Complaint by Robert Hammond.(Duong, D) (Entered: 12/20/2011)
AMENDED NOTICE to RESCHEDULE HEARING re 131 MOTION by Martha Thomas: re 136 Notice to Reschedule Hearing on Motion,. (Frascona, Monica) Modified on 12/15/2011 (Kaminski, H). (Entered: 12/14/2011)
NOTICE and ACKNOWLEDGEMENT OF RECEIPT of Summons and Complaint by Judith A. Cohen. (Zignago, K.) (Entered: 12/12/2011)
CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Judith A. Cohen. (Zignago, K.) (Entered: 12/12/2011)
ANSWER to 119 Third Amended Complaint by Judith A. Cohen. (Zignago, K.) (Entered: 12/12/2011)
MINUTE ORDER: re 136 Notice to Reschedule Hearing on Motion. The defendant in this matter has scheduled the above motion to be heard on a date which the court does not hold hearings. Please schedule this matter on a regular Civil Law and Motion Calendar which is Thursday at 10:00 a.m. or contact the Courtroom Deputy, Valerie Callen at (916) 930-4199. (Callen, V) (Entered: 12/12/2011)
NOTICE to RESCHEDULE HEARING on 131 Motion to Dismiss: Motion Hearing RESET for 02/06/12 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Frascona, Monica) (Entered: 12/09/2011)
MINUTE ORDER: The Motion to Dismiss, noticed for hearing before Judge Burrell on 2/6/12, is vacated. Pursuant to the Local Rules, motions in cases designated pro se are to be noticed for hearing before the assigned Magistrate Judge. re 131 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction,, Ordered by Judge Garland E. Burrell, Jr on 12/9/11. (Furstenau, S) (Entered: 12/09/2011)
CERTIFICATE of SERVICE by Martha Thomas. (Husbands, Tamara) (Entered: 12/08/2011)
PROPOSED ORDER re 131 MOTION to DISMISS MOTION by Martha Thomas. (Husbands, Tamara) Modified on 12/9/2011 (Kaminski, H). (Entered: 12/08/2011)
MEMORANDUM by Martha Thomas in support of 131 Motion to Dismiss . (Attachments: # 1 Exhibit A - Affidavit)(Husbands, Tamara) Modified on 12/9/2011 (Kaminski, H). (Entered: 12/08/2011)
131 Filed: 12/8/2011, Entered: None Motion to Dismiss
MOTION to DISMISS Third Amended Complaint for Lack of Personal Jurisdiction. Motion Hearing set for 02/06/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. by Martha Thomas. (Husbands, Tamara) Modified on 12/9/2011 (Kaminski, H). (Entered: 12/08/2011)
NOTICE of APPEARANCE by Tamara A. Husbands on behalf of Martha Thomas. Attorney Husbands, Tamara A. added. (Husbands, Tamara) (Entered: 12/08/2011)
ANSWER to 119 Amended Complaint by Viki Kiman. Attorney Barron, Deborah M. added.(Barron, Deborah) (Entered: 12/02/2011)
CERTIFICATE of SERVICE by Lynn Yarrington re 126 Answer to Amended Complaint. (Smith, Gary) (Entered: 11/30/2011)
CERTIFICATE of SERVICE by Michael Mode re 125 Answer to Amended Complaint. (Smith, Gary) (Entered: 11/30/2011)
ANSWER to 119 Amended Complaint by Lynn Yarrington. Attorney Smith, Gary J. added.(Smith, Gary) (Entered: 11/30/2011)
ANSWER to 119 Amended Complaint by Michael Mode. Attorney Smith, Gary J. added.(Smith, Gary) (Entered: 11/30/2011)
ANSWER to 119 Amended Complaint by Sandra Tornga. (Owen, K) (Entered: 11/23/2011)
SECOND AMENDED ANSWER to 80 Corrected Second Amended Complaint, by Ann Michelle Wand.(Kastilahn, A) (Entered: 11/23/2011)
ANSWER to 119 Amended Complaint by Efim Shargorodsky, Elena Shargorodsky.(Barron, Deborah) (Entered: 11/22/2011)
ANSWER to 119 Amended Complaint by Todd E. Johnson.(Barron, Deborah) (Entered: 11/22/2011)
120 Filed: 11/9/2011, Entered: None Summons Issued
SUMMONS ISSUED as to *Judith A. Cohen, Susan Fine, Bobby Hamond, Kim Parsons, Maurine E. Smith, Solarte Inn Corporations* with answer to complaint due within *21* days. Attorney *Shepard Johnson, In Pro Se* *6085 Seven Cedars Place* *Granite Bay, CA 95746*. (Marciel, M) (Entered: 11/09/2011)
THIRD AMENDED COMPLAINT against all defendants by Shepard Johnson. (Johnson-PROSE EFILER, Shepard) Modified on 11/7/2011 (Marciel, M). (Entered: 11/06/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/3/11 ORDERING that the 11/10/11 hearing on Plaintiff's Motion for Leave to file a third Amended Complaint is vacated. Defendants Kahler and Tornga's answers and/or Motions to Dismiss 102 and 113 are DENIED without prejudice. Plaintiff's Motion for Leave to file a third amended Complaint 111 is GRANTED. Plaintiff shall file and serve the third Amended complaint on the defendants who have already been served with process within fourteen (14) days of the date of service of this order. A Status Conference is SET for 1/26/2012 at 10:00 AM. (Mena-Sanchez, L) (Entered: 11/03/2011)
ANSWER to Second Amended Complaint by James Lynch.(Kaminski, H) (Entered: 10/25/2011)
ANSWER to Second Amended Complaint by Ford Hermansen.(Kaminski, H) (Entered: 10/25/2011)
ANSWER to 80 Amended Complaint by Efim Shargorodsky, Elena Shargorodsky. Attorney Barron, Deborah M. added.(Barron, Deborah) (Entered: 10/21/2011)
ANSWER to 80 Amended Complaint by Patricia Hermanson.(Matson, R) (Entered: 10/21/2011)
ANSWER to 5 Amended Complaint by Sandra Tornga.(Kaminski, H) (Entered: 10/13/2011)
NOTICE of Motion by Shepard Johnson re 111 MOTION to AMEND. (Johnson-PROSE EFILER, Shepard) Modified on 10/11/2011 (Kaminski, H). (Entered: 10/09/2011)
111 Filed: 10/8/2011, Entered: None Motion to Amend/Correct
MOTION to AMEND the 80 Amended Complaint by Shepard Johnson. Motion Hearing set for 11/10/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Notice of Motion # 2 Declaration of Shepard Johnson, # Proof of service)(Johnson-PROSE EFILER, Shepard) Modified on 10/11/2011 (Kaminski, H). (Entered: 10/08/2011)
NOTICE Proof of Service by Shepard Johnson re 109 Summons Returned Executed, 108 Summons Returned Executed. (Johnson-PROSE EFILER, Shepard) (Entered: 10/04/2011)
SUMMONS RETURNED EXECUTED: James Lynch served on 9/28/2011, answer due 10/19/2011. (Johnson-PROSE EFILER, Shepard) (Entered: 10/04/2011)
SUMMONS RETURNED EXECUTED: Patricia Hermanson served on 9/26/2011, answer due 10/17/2011. (Johnson-PROSE EFILER, Shepard) (Entered: 10/04/2011)
ANSWER to 5 Amended Complaint by James Lynch. (Michel, G) (Entered: 09/29/2011)
NOTICE Proof of Service of 2nd Amended Complaint on Martha Thomas by Shepard Johnson. (Johnson-PROSE EFILER, Shepard) (Entered: 09/28/2011)
NOTICE Proof of Service via US Mail by Shepard Johnson. (Johnson-PROSE EFILER, Shepard) (Entered: 09/28/2011)
ANSWER to 80 Amended Complaint with Jury Demand by David Miner, Sarah Miner. Attorney Pope, Kelly Lois added.(Pope, Kelly) (Entered: 09/27/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/26/2011 GRANTING 83 Motion for Reconsideration, no additional service of process on Dfts. Martha Thomas and Sondra Tornga is required, Pltf. shall serve the Second Amended Complaint on these Dfts. withing 28 days, Dfts. Response due within 28 days of being served; DENYING without prejudice 82 , 86 , 90 and 91 Motions to Dismiss, these Dfts. Responses' to Pltf's. Second Amended Complaint due withing 28 days. Motion Hearing scheduled for 10/6/2011 is VACATED. (Michel, G) (Entered: 09/27/2011)
MOTION to be DISMISSED from this action by Julie Anne Kahler. (Michel, G) (Entered: 09/27/2011)
SUMMONS RETURNED EXECUTED: Elena Shargorodsky served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/28/2011 (Michel, G). (Entered: 09/27/2011)
SUMMONS RETURNED EXECUTED: Lynn Yarrington served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/28/2011 (Michel, G). (Entered: 09/27/2011)
99 Filed: 9/27/2011, Entered: None
SUMMONS RETURNED EXECUTED: Michael Mode served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/28/2011 (Michel, G). (Entered: 09/27/2011)
SUMMONS RETURNED EXECUTED: Viki Kiman served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/28/2011 (Michel, G). (Entered: 09/27/2011)
SUMMONS RETURNED EXECUTED: Sarah Miner served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/28/2011 (Michel, G). (Entered: 09/27/2011)
SUMMONS RETURNED EXECUTED: David Miner served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/27/2011 (Michel, G). (Entered: 09/26/2011)
SUMMONS RETURNED EXECUTED: Efim Shargorodsky served. (Johnson-PROSE EFILER, Shepard) Modified on 9/27/2011 (Michel, G). (Entered: 09/26/2011)
SUMMONS RETURNED EXECUTED: Julie Anne Kahler served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/27/2011 (Michel, G). (Entered: 09/26/2011)
SUMMONS RETURNED EXECUTED: Todd E. Johnson served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/27/2011 (Michel, G). (Entered: 09/26/2011)
SUMMONS RETURNED EXECUTED: Ford Hermansen served on 8/30/2011. (Johnson-PROSE EFILER, Shepard) Modified on 9/27/2011 (Michel, G). (Entered: 09/26/2011)
ANSWER to 80 Amended Complaint by Elena Shargorodsky.(Mena-Sanchez, L) (Entered: 09/21/2011)
ANSWER to 80 Amended Complaint by Efim Shargorodsky.(Mena-Sanchez, L) (Entered: 09/21/2011)
DECLARATION of Chester Mitchell re 83 Motion for Reconsideration. (Becknal, R) (Entered: 09/20/2011)
AMENDED ANSWER to Second Amended Complaint by Chester Mitchell.(Becknal, R) (Entered: 09/20/2011)
DECLARATION of Catherine Mitchell re 83 Motion for Reconsideration. (Becknal, R) (Entered: 09/20/2011)
MOTION to be Dismissed from this action by Viki Kiman. (Becknal, R) (Entered: 09/20/2011)
AMENDED ANSWER to Second Amended Complaint by Catherine Mitchell.(Becknal, R) (Entered: 09/20/2011)
ANSWER to 80 Amended Complaint with Jury Demand by Todd E. Johnson. Attorney Barron, Deborah M. added.(Barron, Deborah) (Entered: 09/19/2011)
83 Filed: 9/2/2011, Entered: None
MOTION for RECONSIDERATION to correct the record by Shepard Johnson. Motion Hearing set for 10/6/2011 at 10:00 AM in Courtroom 9 (GGH) Before Magistrate Judge Gregory G. Hollows (Attachments: # 1 Declaration of Shepard Johnson, # 2 Proof of Service)(Johnson-PROSE EFILER, Shepard) Modified on 9/7/2011 (Mena-Sanchez, L). (Entered: 09/02/2011)
ANSWER to 5 Amended Complaint and MOTION TO DISMISS by Ford Hermansen.(Benson, A.) (Entered: 08/25/2011)
81 Filed: 8/24/2011, Entered: None Summons Issued
SUMMONS ISSUED as to *Rogelio Arosemena, Manual Berrocal, Patricia Hermanson, Todd E. Johnson, Viki Kiman, Sarah Miner, Michael Mode, Peter Reinhold, Efim Shargorodsky, Elena Shargorodsky, Ann Michelle Wand, Lynn Yarrington* with answer to complaint due within *21* days. Attorney *Shepard Johnson* *6085 Seven Cedars Place* *Granite Bay, CA 95746*. (Benson, A.) (Entered: 08/24/2011)
CORRECTED SECOND AMENDED COMPLAINT against Shepard Johnson by Shepard Johnson.(Johnson-PROSE EFILER, Shepard) Modified on 8/24/2011 (Benson, A.). (Entered: 08/24/2011)
[SEE 80 ] SECOND AMENDED COMPLAINT against Shepard Johnson by Shepard Johnson.(Johnson-PROSE EFILER, Shepard) Modified on 8/24/2011 (Benson, A.). (Entered: 08/23/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/22/11 GRANTING 36 , 38 , 39 , 77 Motions to Set Aside and 71 Motion to Amend the Complaint: The hearing on the motion to amend is vacated from the calendar for September 1, 2011. (Kaminski, H) (Entered: 08/23/2011)
MOTION to SET ASIDE 24 Clerk's Entry of Default by Ford Hermansen (Hermanson). (Benson, A.) (Entered: 08/09/2011)
ANSWER re 5 First Amended Complaint by Catherine Mitchell. (Michel, G) (Entered: 08/09/2011)
ANSWER re 5 First Amended Complaint by Chester Mitchell. (Michel, G) (Entered: 08/09/2011)
MINUTE ORDER: re 71 Motion to Amend the Complaint/Petition. The Plaintiff's Motion to Amend Complaint, currently set on Thursday, September 1, 2011 is hereby off calendar and under submission after time has passed for the filing of the opposition and reply. If the parties have any questions or concern, please contact Valerie Callen, the Court Clerk at (916)930-4199. (Callen, V) (Entered: 08/03/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/25/2011 ORDERING that plaintiff shall file oppositions to the 36 38 39 motions to set aside entry of default within fourteen (14) days of this order. No further extensions will be granted. These motions will then be taken under submission without a hearing.(Duong, D) (Entered: 07/26/2011)
ORDER SUBSTITUTING ATTORNEY signed by Judge Garland E. Burrell, Jr. on 7/9/2011 ORDERING attorney Robert Dale Ginter added for David Miner. (Zignago, K.) (Entered: 07/19/2011)
71 Filed: 7/18/2011, Entered: None Motion to Amend/Correct
MOTION to AMEND the 5 Amended Complaint by Shepard Johnson. Motion Hearing set for 9/1/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Notice of Motion, # 2 Declaration of Shepard Johnson, # 3 Notice Proof of Service by US Mail)(Johnson-PROSE EFILER, Shepard) Modified on 7/19/2011 (Becknal, R). (Entered: 07/18/2011)
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by David Miner. (Ginter, Robert) (Entered: 07/14/2011)
[DISREGARD - See Doc. 70 ] NOTICE of APPEARANCE by Robert Dale Ginter on behalf of David Miner. Attorney Ginter, Robert Dale added. (Ginter, Robert) Modified on 7/18/2011 (Zignago, K.). (Entered: 07/14/2011)
ORDER signed by Judge Garland E. Burrell, Jr on 6/7/11 ADOPTING 62 Findings and Recommendations, GRANTING 25 Trustee's Motion to Intervene and DENYING 27 Trustee's Motion to Dismiss. (Donati, J) (Entered: 06/07/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 5/27/11 DENYING 63 Motion to Deny Trustee's Intervention filed by Shepard Johnson, and DENYING without prejudice 64 Request for Continuance filed by Shepard Johnson. (Meuleman, A) (Entered: 06/01/2011)
OPPOSITION by J. Russell Cunningham to 63 Motion to Deny Trustee's Intervention. (Attachments: # 1 Proof of Service of Trustee's Opposition to Plaintiff's Motion to Deny Trustee's Intervention)(Cunningham, J.) (Entered: 05/27/2011)
NOTICE OF UNAVAILABIITY by Shepard Johnson. (Attachments: # 1 Proof of Service)(Johnson-PROSE EFILER, Shepard) (Entered: 05/13/2011)
REQUEST FOR CONTINUANCE by Shepard Johnson. (Attachments: # 1 Proof of service)(Johnson-PROSE EFILER, Shepard) (Entered: 05/13/2011)
MOTION to DENY TRUSTEE'S INTERVENTION by Shepard Johnson. Motion Hearing set for 06/09/11 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Proof of Service) (Johnson-PRO SE EFILER, Shepard) Modified on 5/13/2011 (Marciel, M). (Entered: 05/12/2011)
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 4/22/11 RECOMMENDING that trustee's motion to intervene 25 be granted and trustee's motion to dismiss 27 be denied; motions REFERRED to Judge Garland E. Burrell, Jr. Motion to Intervene; parties may file objections within 14 days after being served with these F&R's. (Carlos, K) (Entered: 04/25/2011)
OPPOSITION by Shepard Johnson to 25 Motion to Intervene, 27 Motion to Dismiss. (Attachments: # 1 Notice Proof of Service)(Johnson-PROSE EFILER, Shepard) (Entered: 02/17/2011)
MEMORANDUM by J. Russell Cunningham in SUPPORT of 25 Motion to Intervene, 27 Motion to Dismiss. (Attachments: # 1 Declaration Declaration of J. Michael Hopper, # 2 Declaration Declaration of J. Russell Cunningham, # 3 Exhibit Exhibits to the Declaration of J. Russell Cunningham, # 4 Proof of Service)(Cunningham, J.) (Entered: 02/17/2011)
REQUEST for JUDICIAL NOTICE by J. Russell Cunningham in re 25 Motion to Intervene, 27 Motion to Dismiss,. (Attachments: # 1 Exhibit, # 2 Proof of Service)(Cunningham, J.) (Entered: 02/17/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/15/2011 ORDERING that Plaintiffs 55 motion for clarification, filed February 9, 2011, is GRANTED in part. Plaintiff's opposition to the motions to set aside entry of default, filed January 18, 2011, shall be due within fourteen days of an order adopting or rejecting this court's findings and recommendations disposing of the trustee's motions to intervene and to dismiss. Any reply may be filed within seven days after an opposition is filed. No sur-reply is permitted.(Duong, D) (Entered: 02/16/2011)
CERTIFICATE of SERVICE by Shepard Johnson re 55 Request for Clarification, 56 Declaration of Shepard Johnson. (Johnson-PROSE EFILER, Shepard) Modified on 2/11/2011 (Duong, D). (Entered: 02/10/2011)
DECLARATION of Shepard Johnson in support of 55 Request for Clarification. (Johnson-PROSE EFILER, Shepard) Modified on 2/10/2011 (Duong, D). (Entered: 02/09/2011)
REQUEST for Clarification of briefing schedule with dates certain for the briefing of motions to set aside entry of default filed by David Miner, Catherine Mitchell and Chester Mitchell by Shepard Johnson. (Johnson-PROSE EFILER, Shepard) Modified on 2/16/2011 (Duong, D). (Entered: 02/09/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/7/11 ORDERING that the March 3, 2011 hearing on 36 38 39 motions to set aside entry of default, filed by defendants Catherine Mitchell, Chester Mitchell, and David Miner on January 18, 2011 is vacated. The motions shall be submitted for decision without oral argument after all briefing has been filed. Plaintiff's 31 request for extension of time in which to file motions for default judgments, filed January 13, 2011, is DENIED without prejudice. Plaintiff shall not file any motions for default judgment until after the motions to intervene and dismiss have been decided, and until after defendants motions to set aside entry of default have been decided.(Duong, D) (Entered: 02/08/2011)
OPPOSITION by Shepard Johnson to Hopper's REPLY in SUPPORT OF 25 Motion to Intervene, 27 Motion to Dismiss. (Mena-Sanchez, L) (Entered: 02/04/2011)
ORDER signed by Magistrate Judge Gregory G. Hollows on 02/04/11 ORDERING that plf's 32 Motion for Leave to File Electronically is GRANTED. (Benson, A.) (Entered: 02/04/2011)
MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 2/3/2011 re 29 Notice - Other, filed by J. Russell Cunningham, 30 Notice - Other, filed by J. Russell Cunningham.The court gives his tentative view. The parties argue their positions regarding the Motion to Dismiss.The parties are given two weeks from today's date to submit supplemental briefing at such time the matter will be deemed submitted and the court will issue an order.The plaintiff brings up his motion to submit his filing electronically. The court grants that request. Plaintiffs Counsel Shepart Johnson, Pro Se Plaintiff present. Defendants Counsel J. Russell Cunningham ad J. Luke Hendrix, Representing Mr. Harper present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 02/03/2011)
NOTICE f non availability by Shepard Johnson. (Mena-Sanchez, L) (Entered: 01/31/2011)
REPLY by J. Russell Cunningham re 25 Motion to Intervene. (Attachments: # 1 Proof of Service)(Cunningham, J.) (Entered: 01/27/2011)
REPLY by J. Russell Cunningham re 27 Motion to Dismiss. (Attachments: # 1 Proof of Service)(Cunningham, J.) (Entered: 01/27/2011)
PROOF of SERVICE by Shepard Johnson re 43 Request for Judicial Notice, 45 Declaration, 44 Opposition to Motion, 46 Objections, 42 Opposition to Motion. (Carlos, K) (Entered: 01/24/2011)
OBJECTION to extrinsic evidence and motion to strike extrinsic evidence from motion to dismiss by Plaintiff Shepard Johnson. (Carlos, K) (Entered: 01/24/2011)
DECLARATION of Shepard Johnson in SUPPORT OF Opposition 44 to Motion to Intervene 25 . (Carlos, K) (Entered: 01/24/2011)
OPPOSITION by Shepard Johnson to 25 Motion to Intervene. (Attachments: # 1 Part 2)(Carlos, K) (Entered: 01/24/2011)
REQUEST for JUDICIAL NOTICE by Shepard Johnson. (Mena-Sanchez, L) (Entered: 01/21/2011)
OPPOSITION by Shepard Johnson to 27 Motion to Dismiss. (Mena-Sanchez, L) (Entered: 01/21/2011)
CLERK'S ENTRY OF DEFAULT as to *Sandra Tornga* (Duong, D) (Entered: 01/20/2011)
REQUEST FOR ENTRY OF DEFAULT as to Sandra Tornga by Shepard Johnson. (Attachments: # 1 Declaration of Shepard Johnson)(Duong, D) (Entered: 01/20/2011)
MOTION to SET ASIDE 24 Clerk's Entry of Default by David Miner. Motion Hearing set for 3/3/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Memorandum, # 2 Declaration of David Miner, # 3 Proof of Service)(Duong, D) (Entered: 01/19/2011)
MOTION to SET ASIDE 24 Clerk's Entry of Default by Chester Mitchell. Motion Hearing set for 3/3/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Memorandum, # 2 Declaration of Chester Mitchell)(Duong, D) (Entered: 01/19/2011)
ANSWER to 5 First Amended Complaint by Chester Mitchell.(Duong, D) (Entered: 01/19/2011)
MOTION to SET ASIDE 24 Clerk's Entry of Default by Catherine Mitchell. Motion Hearing set for 3/3/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Memorandum, # 2 Declaration of Catherine Mitchell)(Duong, D) (Entered: 01/19/2011)
ANSWER to 5 First Amended Complaint by Catherine Mitchell.(Duong, D) (Entered: 01/19/2011)
CERTIFICATE of SERVICE by Shepard Johnson re 32 MOTION, 33 Notice, 31 MOTION for EXTENSION OF TIME to file motion for entry of default judgment. (Kaminski, H) (Entered: 01/14/2011)
NOTICE of nonavailability by Shepard Johnson. (Kaminski, H) (Entered: 01/14/2011)
MOTION for approval for electronic filing by Shepard Johnson. (Kaminski, H) (Entered: 01/14/2011)
MOTION for EXTENSION OF TIME to file motion for entry of default judgment by Shepard Johnson. (Kaminski, H) (Entered: 01/14/2011)
AMENDED NOTICE OF MOTION HEARING by J. Russell Cunningham re 25 Motion to Intervene. Hearing RESET for 02/03/11 at 10:00 a.m. before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Proof of Service)(Cunningham, J.) Modified on 1/11/2011 (Benson, A.). (Entered: 01/04/2011)
AMENDED NOTICE OF MOTION HEARING by J. Russell Cunningham re 27 Motion to Dismiss. Hearing RESET for 02/03/11 at 10:00 a.m. before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Proof of Service)(Cunningham, J.) Modified on 1/11/2011 (Benson, A.). (Entered: 01/04/2011)
MINUTE ORDER: The Motion to Dismiss, noticed for hearing before Judge Burrell on 2/7/11, is vacated. Pursuant to the Local Rules, motions in cases designated pro se are to be noticed for hearing before the assigned Magistrate Judge. re 27 Motion to Dismiss, Ordered by Judge Garland E. Burrell, Jr on 1/4/11. (Furstenau, S) (Entered: 01/04/2011)
27 Filed: 1/4/2011, Entered: None Motion to Dismiss
MOTION to DISMISS by J. Russell Cunningham. Motion Hearing set for 02/07/11 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Attachments: # 1 Notice of Hearing, # 2 Declaration of J. Michael Hopper, # 3 Exhibits, # 4 Proof of Service)(Cunningham, J.) (Entered: 01/04/2011)
MINUTE ORDER: The Motion to Intervene, noticed for hearing before Judge Burrell on 2/7/11, is vacated. Pursuant to the Local Rules, motions in cases designated pro se, are to be noticed for hearing before the assigned Magistrate Judge. re 25 Motion to Intervene, Ordered by Judge Garland E. Burrell, Jr on 1/4/11. (Furstenau, S) (Entered: 01/04/2011)
MOTION to INTERVENE by J. Russell Cunningham. Attorney Cunningham, J. Russell added. Motion Hearing set for 02/07/11 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Attachments: # 1 Notice of Hearing, # 2 Declaration, # 3 Exhibits, # 4 Proof of Service)(Cunningham, J.) (Entered: 01/04/2011)
CLERK'S ENTRY OF DEFAULT as to *Ford Hermansen, Julie Anne Kahler, James Lynch, David Miner, Catherine Mitchell, Chester Mitchell, Martha Thomas* (Mena-Sanchez, L) (Entered: 12/28/2010)
PROOF of SERVICE by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
DECLARATION of Shepard Johnson in SUPPORT of 21 APPLICATION for Entry of Default as to defendant Chester C. Mitchell. (Mena-Sanchez, L) (Entered: 12/27/2010)
APPLICATION FOR ENTRY OF DEFAULT as to Chester Mitchell by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
DECLARATION of Shepard Johnson in SUPPORT of 19 APPLICATION for Entry of Default as to defendant Martha Thomas. (Mena-Sanchez, L) (Entered: 12/27/2010)
APPLICATION FOR ENTRY OF DEFAULT as to Martha Thomas by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
DECLARATION of Shepard Johnson re 17 Request for Entry of Default as to Defendant Ford Hermansen. (Mena-Sanchez, L) (Entered: 12/27/2010)
APPLICATION FOR ENTRY OF DEFAULT as to Ford Hermansen by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
DECLARATION of Shepard Johnson re 15 Request for Entry of Default as to David Miner. (Mena-Sanchez, L) (Entered: 12/27/2010)
APPLICATION FOR ENTRY OF DEFAULT as to David Miner by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
DECLARATION of Shepard Johnson re 13 Request for Entry of Default. (Mena-Sanchez, L) (Entered: 12/27/2010)
APPLICATION FOR ENTRY OF DEFAULT as to Catherine Mitchell by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
DECLARATION of Shepard Johnson in SUPPORT of 11 Request for Entry of Default. (Mena-Sanchez, L) (Entered: 12/27/2010)
APPLICATION FOR ENTRY OF DEFAULT as to Julie Anne Kahler by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
DECLARATION of Shepard Johnson in SUPPORT of 9 Request for Entry of Default. (Mena-Sanchez, L) (Entered: 12/27/2010)
APPLICATION FOR ENTRY OF DEFAULT as to James Lynch by Shepard Johnson. (Mena-Sanchez, L) (Entered: 12/27/2010)
SUMMONS RETURNED EXECUTED: Sandra Tornga served on 12/16/2010. (Williams, D) (Entered: 12/22/2010)
7 Filed: 11/2/2010, Entered: None
SUMMONS RETURNED EXECUTED: Ford Hermansen, Julie Anne Kahler, David Miner, James Lynch, Catherine Mitchell, Chester Mitchell, Martha Thomas and Sandra Tornga served on 10/29/2010.(Duong, D) (Entered: 11/03/2010)
AMENDED CIVIL COVER SHEET by Shepard Johnson. (Duong, D) (Entered: 11/03/2010)
5 Filed: 10/28/2010, Entered: None Amended Complaint
FIRST AMENDED COMPLAINT against Ford Hermansen, Julie Anne Kahler, James Lynch, David Miner, Catherine Mitchell, Chester Mitchell, Martha Thomas, Sandra Tornga by Shepard Johnson.(Reader, L) (Entered: 10/29/2010)
4 Filed: 10/28/2010, Entered: None Summons Issued
SUMMONS ISSUED as to *Ford Hermansen, James Lynch, David Miner, Sandra Tornga* with answer to complaint due within *21* days. Attorney *Shepard Johnson* *6085 Seven Cedars Place* *Granite Bay, CA 95746*. (Kaminski, H) (Entered: 10/28/2010)
3 Filed: 7/23/2010, Entered: None
CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form) (Benson, A.) (Entered: 07/23/2010)
2 Filed: 7/23/2010, Entered: None Summons Issued
SUMMONS ISSUED as to *Julie Anne Kahler, Catherine Mitchell, Chester Mitchell, Martha Thomas, Monte Watson* with answer to complaint due within *21* days. Attorney *Shepard Johnson* *6085 Seven Cedars Place* *Granite Bay, CA 95746*. (Benson, A.) (Entered: 07/23/2010)
COMPLAINT against All Defendants by Shepard Johnson. (Attachments: # 1 Civil Cover Sheet)(Benson, A.) (Entered: 07/23/2010)


text:
Postpress
PrintForum
Canadian Printing Awards
Features Colour Control Premedia
Measuring and correctly specifying a light source
By Abhay Sharma
Ryerson's Abhay Sharma considers different ways to correctly specify a light source using the colour temperature scale and official CIE illuminants
Colour Control
Viewing booths are used to create standard viewing conditions and are a vital part of a colour management system. Photo: GTI.
Whenever we view coloured images, whether via a web browser, on an iPhone, in a magazine advertisement, or in a store, it is important to understand the effect of lighting. If the light source is very yellow, it will make the object look yellow; if the light is blue, it will make the object look blue.
The colour of a sample can change depending on the light source it is viewed under. In everyday colour evaluation we can deal with a number of different sources, but only as long as we understand and accommodate the light's characteristics and the effect it can have in terms of colour.
In this article we consider different ways to specify a light source using the colour temperature scale, e.g. 5000 K, and also official CIE illuminants, such as D50. We make real measurements outside in the street, and show how close Toronto daylight agrees with theoretical expectations!
Effect of lighting
During the day a car may look blue (top), while at night under sodium-vapour street lamps, it can look silver or gray (bottom).
To illustrate the effect that light can have on the colour of an object, consider the example of a car parked in the road. During the day, the car is illuminated by daylight and it looks blue. After dark, when the car is only illuminated by a street lamp, it may look a totally different colour, perhaps silver or dark gray. Why does this happen?
During the day, daylight consists of "all the colours" which reflect off the blue paint of the vehicle and we see the blue colour of the car. After dark, the car is only illuminated with light from a street lamp. Street lamps are often high-pressure sodium-vapor lamps that emit most of their radiation as a very narrow spike in the yellow part of the spectrum. The blue paint of the car does not have much reflectance in this part of the spectrum, and so very little "colour" is returned to the observer, and as a result the car looks devoid of colour and neutral – silver or gray.
In colour management, there are different ways to describe the colour of a light source. A convenient method is called the colour temperature scale. The idea of colour temperature can be appreciated by considering the progressive heating of a piece of metal. As objects are heated, they get hotter and begin to glow and emit light. The colour changes as objects get warmer, so an object goes from dull black to deep red then bright red and finally to "white hot." It is therefore possible to describe the colour of a light source by temperature. When used in this way, the temperature is called colour temperature. In the colour temperature scale, lower colour temperatures are redder/warmer and higher colour temperatures are bluer/colder.
Colour temperature is measured on an absolute temperature scale and has units in Kelvin (K). A tungsten source may have a colour temperature of, for example, 2800 K. (No degree sign is used with K, so colour temperature is not written as 28000 K but simply 2800 K.) Typical values for common light sources are: high-pressure sodium vapor (used for night-time street lighting in the car example), 2100 K; photographic studio lamp, 3400 K; electronic flash, 6000 K; average daylight, 5000 – 6500 K; artificial daylight compact fluorescent lamp, 6500 K; uncalibrated computer monitor, 9300 K. The colour temperature scale provides a succinct, numerical means of specifying the colour of a light source and is widely used in colour management.
Spectral Power Distribution Curves
There are many types of light sources. Some are artificial like tungsten and compact fluorescent light bulbs, and some are natural sources, like daylight. Light sources can have very different operating principles, which results in a wide variation in the inherent characteristics of the light. The Kelvin colour temperature scale does not fully reveal all the characteristics of the light, so we can also use a spectral distribution curve. The spectral graph describes the relative amount of power or energy at each wavelength and is technically known as a spectral power distribution curve.
Daylight was measured in Toronto, Canada (white line) and shown to be very close to CIE Illuminant D50. Screenshot is from basICColor catch 5 colour management software.
From the examples, we see that daylight tends to be well balanced with emission throughout the spectrum and thus the "colour" of daylight is more or less neutral. A fluorescent or LED light source has some dominant peaks in the blue and green part of the spectrum – the illumination from this source is very spiky.
From the graphs it is clear that each source has very different characteristics. Daylight that originates from a hot glowing sun is essentially incandescent. Incandescent sources have a graph with a continuous line. Other sources, such as fluorescent lights, are not heated up and therefore do not operate this way. These lights contain a gas that is excited by the discharge of an electric current, which in turn excites the phosphor coating of the tube, which glows, giving off light. The chemical composition of the coating can be altered to adjust the colour temperature of the emitted light – which is why you can get different colour temperature lights at Home Depot!
By using spectral graphs, we can clearly see the smooth continuous nature of some sources (daylight) vs. the spiky response of others (fluorescent lamps and LEDs). The spiky nature of fluorescent sources can cause problems such as metamerism, when these sources are used in viewing booths.
CIE Illuminants vs. real sources
With so many different types of light sources in everyday use, a few common light sources have been chosen and adopted as universally accepted standards. Periodically over the years, in response to user needs, the Commission Internationale de l'Eclairage (CIE) agrees on the name and specification of an illuminant and publishes the spectral power graph for the colour community to use.
A CIE illuminant is a theoretical spectral power curve that has been established as a standard. The spectral curve can be an average of light sources and is not a real, actual light source. There are physical standards for the kilogram and meter, but a CIE illuminant is just a theoretical construct – it is a spectral graph – and there is no "golden standard" tungsten bulb in a vault in Paris!
Over the years, the CIE has defined a number of illuminants that range conveniently in letters A, B, C, D, E, F. Illuminant A is represented by incandescent lights (tungsten filament bulbs). These devices have a colour temperature of 2856 K. Illuminants B and C are daylight-type illuminants, but they are no longer in general use. They were made by placing a liquid cell containing a blue copper sulphate solution in front of illuminant A. D illuminants are daylight-type illuminants. Illuminants D50, D55, D65, and D75 have colour temperatures of 5000 K, 5500 K, 6500 K, and 7500 K, respectively. D50 and D65 are widely used as illuminants in printing and imaging. European countries often use D65. Illuminant E is an imaginary, hypothetical equi-energy illuminant. Illuminant E is used in some colorimetry calculations. Series F illuminants relate to fluorescent lights.
It should be noted that the spectral power distributions for an illuminant, Illuminant D50 for example, is a representation of "standard daylight" and any actual sample of daylight might be different according to the geographic location, altitude, weather, time of day, and so on.
A light booth was measured and despite the spiky response of the LED source (white line), the booth can create light that approximates D50.
Lighting and light booths
A customer may visit a print shop and together with the printer may generate an excellent sample that is approved in a press-side D50 viewing booth. However, when the customer takes the samples back to the office to show their boss, under office lighting the samples may change colour and incur the anger of the manager!
If someone holds up a print and says they do not like the colours, the first thing to do is to ask them how are they viewing the print. If colour measurement for the print was done with settings that intended viewing for D50, the sample should be viewed under D50. The print is only intended for a specific viewing condition and may look different under other light sources. Another way to think of this is that if you have sent a print to your client and you want them to see what you see; they must view the print under the conditions you viewed and measured it under.
One way to create well specified and controlled viewing conditions is to use a viewing booth. Viewing booths have switches that offer D50, D65, or other illuminant conditions, such as settings for grocery store or clothing store lighting.
In the PANTONE® D50 Lighting Indicator, the top and bottom halves are different in non-D50 lighting. The two-inch sticker can be attached to colour proofs to check the lighting.
In printing and proofing, the light source used by the customer can be checked using the PANTONE D50 Lighting Indicator. In this small sticker, the top and bottom materials are different, but are chosen in such a way that they will look alike under D50 illumination. The sticker can be placed in the corner of a contract proof used to gain customer approval. The sticker will show whether the user is using a lighting condition that approximates D50. There is a D50 and D65 version and each cost around $2. The Lighting Indicator uses an effect known as metamerism, and the top and bottom materials are called a metameric pair.
We need to always remember that lights themselves have a colour and that colour can be passed on to the sample. We often "standardize" on D50, but strictly speaking, there is no correct light source for evaluating colour. What is more important is that we know the light source we are using, and we communicate that clearly to all involved. It is extremely important to establish agreed viewing conditions between the printer and the customer.
Whether we are considering a shade of lipstick or the colour of a sofa in a catalog, there are many different light sources in common use, but by correctly specifying the light source being used, we can accommodate their differences and ensure successful colour measurement and colour management.
Abhay Sharma is a professor at Ryerson University, Toronto, and the author of a textbook – Understanding Color Management, 2nd Edition, Wiley, 2018.
This article was originally published in the June 2020 issue of PrintAction.
GTI Launches Light Viewing for Large Format
New dawn for colour measurement
Signage Source Installs Scitex LX800
Barbieri Launches Spectro LFP qb
Abhay Sharma
light booths
PODCAST: Champions of Print Podcast Series – Chris Pereira, C17 Media
Beneco Packaging/Soopak.com earns certifications for pharma, food packaging safety
Always in style
PODCAST: Champions of Print Podcast Series – Mike and Brian Meshkati, SinaLite
PODCAST: Champions of Print Podcast Series – Rich Pauptit, Flash Reproductions
SupremeX Calgary
Flagship Software Ltd.
Premier Printing Ltd.
Imprimerie F.L. Chicoine and F.L. Web rebranded as Chicoine Group
APTech seeks nominations for Board of Directors
CPA Awards
The Iron Index
Wide Format Guide
Production Inkjet Week
PrintAction Magazine@PrintAction·
#Throwback to some of our top 2019 stories ➡
MPI Print has acquired an Agfa Tauro large-format press and an Esko fully automated C64 digital cutter for its Concord, Ont., plant, as it expands into the large-format and packaging markets. https://buff.ly/35KdWVy
Don't fret, our weekly eNewsletter will still arrive in your inbox over the holidays. Not on our subscription list? Sign up now to stay informed of the latest developments in the printing and imaging industries. https://buff.ly/2YrYXgg
#print #printing #packaging #finishing
Brace Holdings, owner of SaltWire Network, has sold Nova Scotia's Bounty Print Limited to New Brunswick-based Taylor Printing Group Inc. https://buff.ly/2ZhC67D
Oh what a night! #Throwback to last month's #CPAs2019 where 230+ #print pros gathered to celebrate the innovation and creativity of Canadian print. 🏆✨🇨🇦 See our photo gallery to relive the evening.
https://buff.ly/2ECRWjz #printpower
TI Group@TIgroup_toronto·
TI Group employees celebrated a successful year with a holiday breakfast/brunch together! Wishing everyone a fantastic season and wonderful 2020! #happyholidays #happyholidays2019 #happynewyear #2020 #breakfast #brunch #celebrate #family #friends

redpajama_set_name: RedPajamaCommonCrawl


Looking to put a modern spin on a traditional style of kitchen door? Matt Dove Grey is a fantastic way of bringing the Country style of kitchen door into the 21st century, at a great price. This neutral off-white shade injects light and warmth into the room and also works well with both lighter and darker colour schemes - the choice is yours.
Whether your kitchen is full of bold reds and browns, or cool greens and blues, the Country door in Matt Dove Grey compliments them all. The Matt finish is also easy to clean and designed to last, so you know that your new kitchen will be able to stand the test of time. Choose from a variety of knobs and handles in our selection to complete the new look of your kitchen.


text:
Winston Mutual Building Reminder of City's Black Heritage
by Keri Brown
2:46pm Jul 14, 2014
The iconic Winston Mutual Building has been renovated and now houses two city offices. City officials are working to get the structure listed on the National Register of Historic Places.
Keri Brown
The historic Winston Mutual building near downtown Winston-Salem has a few new tenants.
On Friday, July 11, city officials held a ribbon cutting and open house to celebrate the relocation of two city offices in the building at 1225 E. Fifth Street. The Police Department's Community Resources Unit, which conducts various crime prevention and community relations activities is on the second floor, and the building's third and fourth floors now house the city's engineering field offices.
City officials say the more than 18,000-square-foot building has been a source of economic and civic pride in the black community since Winston Mutual Life Insurance Co. spent more than $700,000 to build it in 1969. The company was founded in 1906 by 12 black business officials who wanted to provide insurance and home mortgage products in their community.
Fifth Street Investments LLC, bought the property in September 2012 from Golden State Mutual Life Insurance Co. of Los Angeles. The building sat vacant over the past three years, after Golden State went bankrupt.
Winston-Salem city council member Derwin Montgomery represents the East Ward. He recently moved his office into the building. Montgomery says the structure is an important part of the community's history. "You had an African American owned insurance company and for the time in which Winston Mutual was in existence, that wasn't something that was the standard in the city or nationally. For the community it represents and continues to represent a beacon of African American entrepreneurship for us here in the city."
Meanwhile, Montgomery says city officials are conducting preliminary work to get the Winston Mutual Building placed on the National Register of Historic Places. They also plan to officially designate the building as a local historic landmark in the coming months.
#winston mutual #winston-salem city council #derwin montgomery
Arts, Music & Culture
World News, National
World News, Science
Economy, Politics & Government
National, Health & Safety