Howard v. Farmers Insurance Company Inc et al
Filing
133
ORDER GRANTING PLAINTIFFS (1)RENEWED MOTION TO AMEND SCHEDULING ORDER MOTION TO EXTEND TIME FOR TAKING DISCOVERY; (2) MOTION TO DEEM DENIED DEFENDANTS REQUEST FOR ADMISSIONS, SET ONE DENIED; (3) MOTION FOR ENLARGEMENT OF TIME TO FILE A RESPONSE TO DE FENDANTS MOTION FOR SUMMARY JUDGMENT; AND DENYING PLAINTIFFS (4) MOTION FOR LEAVE TO SUPPLEMENT AND OR AMEND PLAINTIFF INITIAL RESPONSE TO DEFENDANTS MOTION FOR AN ORDER DEEMING PLAINTIFF DERRICK HOWARD A VEXATIOUS LITIGANT 126 , 127 , 129 , 130 ,and also 106 , 111 , 120 (SEE DOCUMENT FOR SPECIFICS) by Judge Dean D. Pregerson. (lc). Modified on 9/14/2015 (lc).
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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DERRICK HOWARD,
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Plaintiff,
v.
FARMERS INSURANCE COMPANY,
INC.; MID-CENTURY INSURANCE
COMPANY; et al.,
Defendants.
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Case No. CV 12-01068 DDP (JCx)
ORDER GRANTING PLAINTIFF’S (1)
RENEWED MOTION TO AMEND
SCHEDULING ORDER MOTION TO EXTEND
TIME FOR TAKING DISCOVERY; (2)
MOTION TO DEEM DENIED DEFENDANTS
REQUEST FOR ADMISSIONS, SET ONE
DENIED; (3) MOTION FOR
ENLARGEMENT OF TIME TO FILE A
RESPONSE TO DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT; AND DENYING
PLAINTIFF’S (4) MOTION FOR LEAVE
TO SUPPLEMENT AND OR AMEND
PLAINTIFF INITIAL RESPONSE TO
DEFENDANTS MOTION FOR AN ORDER
DEEMING PLAINTIFF DERRICK HOWARD
A VEXATIOUS LITIGANT
[Dkt. Nos. 126, 127, 129, 130,
and also 106, 111, 120]
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Presently before the Court are several of Plaintiff’s motions:
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(1) Renewed Motion to Amend Scheduling Order Motion to Extend Time
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for Taking Discovery (Dkt. No. 126); (2) Motion to Deem Denied
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Defendants Request for Admissions, Set One Denied (Dkt. No. 127);
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(3) Motion for Enlargement of Time to File a Response to
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Defendant’s Motion for Summary Judgment (Dkt. No. 129); (4) Motion
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for Leave to Supplement and or Amend Plaintiff Initial Response to
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Defendants Motion for an Order Deeming Plaintiff Derrick Howard a
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Vexatious Litigant (Dkt. No. 130).
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submissions of the parties, the Court adopts the following order.
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I.
Having considered the
Renewed Motion to Amend Scheduling Order Motion to Extend Time
for Taking Discovery
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Good cause being shown and taking in due consideration
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Plaintiff’s incarcerated status, the Court extends the time for
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taking discovery sixty (60) more days from the date of this order,
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thus GRANTING in part Plaintiff’s Renewed Motion to Amend
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Scheduling Order Motion for Extending Time to Take Discovery.
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(Dkt. No. 126.)
This order also resolves Plaintiff’s prior motions
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to extend discovery, which are hereby VACATED as moot.
(Dkt. Nos.
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106, 111.)
No further continuances shall be granted.
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II.
Motion to Deem Denied Defendants Request for Admissions, Set
One Denied
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The Court GRANTS Plaintiff’s Motion to Deem Denied Defendants
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Request for Admissions, Set One Denied.
(Dkt. No. 127.)
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III. Motion for Enlargement of Time to File a Response to
Defendant’s Motion for Summary Judgment
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Because the Court has re-opened discovery for sixty (60) days
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and allowed Plaintiff to deny Defendants’ Request for Admissions,
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Set One after Defendants filed a Motion for Summary Judgment, the
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Court hereby VACATES Defendants’ motion (Dkt. No. 120) and GRANTS
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Defendants seventy (70) days leave to amend and re-file the motion.
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The Court GRANTS Plaintiff one hundred and twenty (120) days
from the date of any new Motion for Summary Judgment to respond to
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that Motion.
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granted.
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(Dkt. No. 129).
No further continuances shall be
In addition, ATTACHMENT A, regarding a Motion for Summary
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Judgment is attached to this Order.
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IV.
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Motion for Leave to Supplement and or Amend Plaintiff Initial
Response to Defendants Motion for an Order Deeming Plaintiff
Derrick Howard a Vexatious Litigant
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Because the papers before the Court are sufficient to make a
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decision regarding Defendants’ Motion for an Order Deeming
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Plaintiff Derrick Howard a Vexatious Litigant, the Court DENIES
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Plaintiff’s Motion for Leave to Supplement and or Amend Plaintiff
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Initial Response to Defendants Motion for an Order Deeming
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Plaintiff Derrick Howard a Vexatious Litigant.
(Dkt. No. 130).
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IT IS SO ORDERED.
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Dated: September 14, 2015
DEAN D. PREGERSON
United States District Judge
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ATTACHMENT A
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NOTICE -- WARNING
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This Notice is Required to be Given to You by the Court
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The [plaintiff/defendant] has made a motion for summary
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judgment by which it seeks to have judgment entered in its favor.
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A motion for summary judgment under Rule 56 of the Federal Rules of
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Civil Procedure will, if granted, end this case.
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Rule 56 tells you what you must do in order to oppose a motion
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for summary judgment.
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when there is no genuine issue of material fact -- that is, if
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there is no real dispute about any fact that would affect the
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result of your case, the party who asked for summary judgment is
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entitled to judgment as a matter of law, which will end your case.
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When a party that is suing you makes a motion for summary judgment
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that is properly supported by declarations (or other sworn
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testimony), you cannot simply reply on what your [answer to the
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complaint or complaint] says.
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facts in declarations, depositions, answers to interrogatories, or
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authenticated documents, as provided in Rule 56(e), that contradict
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the facts shown in the [plaintiff/defendant]’s declarations and
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documents and show that there is a genuine issue of material fact
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for trial.
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summary judgment, if appropriate, may be entered against you.
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summary judgment is granted, you will lose this case and there will
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be no trial.
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Generally, summary judgment must be granted
Instead, you must set out specific
If you do not submit your own evidence in opposition,
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Local Rule 7.14 of the District Court also requires, in
addition, that you include as a part of your opposition to a motion
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for summary judgment a “Statement of Genuine Issues of Material
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Fact.”
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which there is a genuine issue that should be decided at trial.
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you do not list a fact in your Statement, and the fact is supported
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by the [plaintiff/defendant]’s evidence, the Court may assume that
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the fact has been admitted to be true and grant summary judgment
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against you.
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///
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///
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///
In the Statement, you must list all material facts as to
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If
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