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Summary: 797 F. Supp. See Plaintiffs' Request For Judicial Notice Exhibit B & C. B. Block Level Adjusted Census Data The requested tapes containing the adjusted census data derived from this process exist on computer tapes physically located at the Bureau of Census and within the control of the defendant. Plaintiffs seek to have judicially noticed the facts: (1) that defendant has agreed to provide to the House Subcommittee on Census and Population 50% of the adjusted census block data for the nation; ( more.

Summary: 689 F. Supp. Plaintiffs allege causes of action for (1) violation of the FHA; (2) violation of the California Fair Employment and Housing Act; (3) violation of the California Unruh Civil Rights Act; (4) unfair business practices under California Business and Professions Code section 17200; (5) negligence and (6) retaliatory *1240 eviction. T.W. Electrical Service, Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir.1987) (quoting Fed. 2d 202 (1986); T.W. Elec. Serv., Inc. v. more.

Summary: 813 F. Supp. 2d 1167 (2011) Zane HARDIN, Plaintiff, v. WAL-MART STORES, INC.; and Does 1-100, Defendants. Plaintiff's original complaint contained four causes of action: employment discrimination based on age and disability in violation of California's Fair Employment and Housing Act ("FEHA"); violation of the Americans with Disabilities Act; refusing to allow disabled employees to use disabled parking in violation of California's Business & Professions Code § 17200; and refusing to allow more.

Summary: 439 F. Supp. 2d 1054 (2006) Ronald WILSON, Plaintiff, v. PIER 1 IMPORTS (US), INC; and Mellon/Pier 1 Properties Limited Partnership I, Defendants. Wilson Dec. in Supp. Hubbard Dec. in Supp. 2d 142 (1970); Sicor Limited v. Cetus Corp., 51 F.3d 848, 853 (9th Cir.1995). 2d 569 (1968); Sicor Limited, 51 F.3d at 853. 56(e); Matsushita, 475 U.S. at 586 n. 11, 106 S. Ct. 1348; See also First Nat'l Bank, 391 U.S. at 289, 88 S. Ct. 1575; Rand v. Rowland, 154 F.3d 952, 954 (9th Cir.1998). 2d 202 (1986); more.

Summary: 24 F. Supp. Plaintiffs' complaint alleges: violations of the equal protection, due process, and commerce clauses of the United States Constitution; an illegal taking; violation of the Federal Aid in Sport Fish Restoration Act; the Ordinance obstructs access to a navigable waterway; failure to comply with various provisions of the Compact; the Ordinance is void for vagueness; and violations of the California and Nevada Constitutions and laws. League to Save Lake Tahoe v. Tahoe Regional Planning more.

Summary: 79 F. Supp. DISCUSSION A. MOTION TO RECUSE UNITED STATES DISTRICT JUDGE Section 144, Title 28 United States Code, provides for disqualification "[w]henever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice ... against him or in favor of any adverse party...." Section 455(b)(1) provides that a judge shall disqualify himself "[w]here he has a personal bias or prejudice more.

Summary: 614 F. Supp. Plaintiffs' claims are divided into nine causes of action: (1) violations of the federal Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. § 1801 et seq. ("AWPA"); (2) breach of contract; (3) failure to pay overtime wages; (4) failure to reimburse work expenses; (5) failure to provide required meal periods as required by the Industrial Welfare Commission Work Order 14 ("IWC Order 14-2001") and Cal. Labor Code § 226.7; (6) failure to provide required rest periods more.

Summary: 700 F. Supp. 2d 1204 (2010) Melvin DIAS and Evelyn Dias, Plaintiffs, v. NATIONWIDE LIFE INSURANCE COMPANY, an Ohio corporation, and Does 1 through 10, Defendants. This case arises from the purchase of life insurance polices by Plaintiffs Melvin Dias ("Melvin") and Evelyn Dias ("Evelyn") from Defendant Nationwide Life Insurance Company ("Nationwide"). In late summer or fall of 1998, Plaintiffs, who resided in Fresno, California, notified Pena that they were interested in purchasing life more.

Summary: 639 F. Supp. 1439 (1986) LODESTAR COMPANY, a California Corporation, et al., Plaintiffs, v. COUNTY OF MONO, et al., Defendants. Defendants are (1) County of Mono ("County"), (2) individual members of the County Board of Supervisors, the County Council, the Assistant County Council and directors of the Public Works and County Road departments ("individual County defendants"), (3) the Mammoth Unified School District, the Superintendent of Schools for the District, the members of the Board of more.

Summary: 842 F. Supp. See Louisiana Pacific Corp. v. Beazer Materials & Services, Inc., 811 F. Supp. [3] LP now moves for summary judgment on the Government's complaint, arguing that the United States is precluded as a matter of law from recovering its costs of the investigation of the LP site because EPA unlawfully conditioned LP's opportunity to conduct its own, potentially lower cost investigation, on the company's waiver of various due process rights. In the alternative, the United States argues more.

Summary: 756 F. Supp. Johnson v. Gruma Corp., 614 F.3d 1062, 1066 (9th Cir.2010); Fidelity Fed. Bank, FSB v. Durga Ma Corp., 386 F.3d 1306, 1311 (9th Cir.2004); Sovak v. Chugai Pharm. Johnson, 614 F.3d at 1066; Fidelity, 386 F.3d at 1311; Sovak, 280 F.3d at 1269. "Johnson, 614 F.3d at 1066; Sovak, 280 F.3d at 1270. See Fidelity, 386 F.3d at 1312; Sovak, 280 F.3d at 1270. "Johnson, 614 F.3d at 1067; see Fidelity, 386 F.3d at 1312. Johnson, 614 F.3d at 1066; Chiron Corp. v. Ortho Diagnostic Sys., 207 F.3d more.

Summary: (2008) Terri S. O'NEAL, individually and as successor-in-interest to the Estate of Benjamin L. Bratt; Barry M. Bratt, individually, Plaintiffs, v. SMITHKLINE BEECHAM CORPORATION d/b/a Glaxosmithkline, a Pennsylvania Corporation; and Does 1-50, Defendants. This matter is before the court on defendant SmithKline Beecham Corporation, d/b/a GlaxoSmithKline's ("GSK") motion for summary judgment on the ground plaintiffs Terri O'Neal and Barry Bratt's ("plaintiffs") state tort claims are preempted by more.

Summary: 837 F. Supp. Schwarzer, Tashima, Wagstaffe, California Practice Guide: Federal Civil Procedure Before Trial § 9:77, at 9-14 (1993) (citing Stock West, Inc. v. Confederated Tribes, 873 F.2d 1221, 1225 (9th Cir.1989)). See Schieler v. United States, 642 F. Supp. v. United States, 880 F.2d 1018 (9th Cir.1989) (The decisions made by the U.S. Bureau of Reclamation in designing an irrigation canal that later broke fell within the discretion function exception, barring tortious suits on the theory of more.

Summary: 172 F. Supp. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). 29 U.S.C. § 203(d); see Bonnette v. California Health and Welfare Agency, 704 F.2d 1465, 1468 (9th Cir.1983) (finding that in order for the FLSA to apply, the defendant must be an "employer" within the meaning of the FLSA). Bonnette, 704 F.2d at 1469 (quoting Goldberg v. Whitaker House Cooperative, Inc., 366 U.S. 28, 33, 81 S. Ct. 933, 6 L. Ed. Bonnette, 704 F.2d at 1469 (citing Falk v. Brennan, 414 U.S. 190, 195, 94 S. Ct. 427, more.

Summary: 637 F. Supp. On or about February 26, 1986, the government notified Ott, through his counsel, and the military judge assigned to preside over Ott's military trial, that it intended to enter into evidence in that trial certain information obtained from an electronic surveillance operation authorized under the Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U.S.C. § 1801 et seq. See United States v. Belfield, 692 F.2d 141, 146 (D.C.Cir.1982). II In determining the legality of a more.

Summary: 389 F. Supp. *636 *637 *638 Richard M. Pearl, Charles F. Elsesser, Jr., Robert T. Olmos, Cal. Plaintiffs in this action seek to have this court declare invalid and enjoin the assessment of rent increases at the Linnell Farm Labor Center and the Woodville Farm Labor Center, two housing projects operated and maintained by the Housing Authority of Tulare County on behalf of low-income, farm labor families in Tulare County. In essence, plaintiffs contend that defendants, in the process of more.

Summary: 252 F. Supp. 2d 1065 (2003) WELLS FARGO BANK, N.A., and Wells Fargo Home Mortgage, Inc., Plaintiffs, v. Demetrios A. BOUTRIS, in his official capacity as Commissioner of the California Department of Corporations, Defendant. Plaintiffs Wells Fargo Bank, N.A. ("Wells Fargo") and Wells Fargo Home Mortgage, Inc. ("WFHMI") move for a preliminary injunction seeking to enjoin Defendant Demetrios Boutris, in his official capacity as the Commissioner of the California Department of Corporations ("the more.

Summary: 213 F. Supp. 2d 1208 (2002) People of the State of CALIFORNIA, and City of Lodi, California, Plaintiffs, v. M & P INVESTMENTS, a California Partnership, et al., Defendants. In light of the granting of plaintiff People of the State of California's (the "Plaintiff People") motion to dismiss the Resource Conservation and Recovery Act ("RCRA") claim, many of the issues presented in the January 28 order are now moot. At that time, the Plaintiff People and co-plaintiff City of Lodi (the "City") ( more.

Summary: 340 F. Supp. 1185 (1972) UNITED STATES of America, Plaintiff, v. TULARE LAKE CANAL COMPANY, a corporation, Defendant, and Tulare Lake Basin Water Storage District and Salyer Land Company, a corporation, Intervenor Defendants.

Summary: (2008) NEHEMIAH CORPORATION OF AMERICA, Plaintiff, v. Alphonso JACKSON, et al., Defendants. Plaintiff Nehemiah Corporation of America ("Nehemiah") has brought this action against the Department of Housing and Urban Development and its Secretary Alphonso Jackson (collectively, "HUD") pursuant to the Administrative Procedures Act ("APA"), 5 U.S.C. § 551. Nehemiah alleges that HUD violated the APA when it adopted a rule barring the use of sellerfunded downpayment assistance for mortgages insured more.