(PS) California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al, No. 2:2010cv01801 - Document 111 (E.D. Cal. 2013)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 3/6/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/28/12, 102 are ADOPTED and Callaway's MOTION for Summary Judgment, filed 8/16/12 87 is DENIED; CalSpa's MOTION for Partial Summary Judgment, filed 9/20/12 93 is GRANTED as to Claims Three, Four and Six. (Mena-Sanchez, L)

Download PDF
(PS) California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al Doc. 111 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, 11 12 Plaintiff, 13 14 CIV. NO. S-10-1801 GEB GGH PS vs. WILLIAM CALLAWAY, dba PARADISE READY MIX, 15 Defendant. ORDER 16 __________________________________/ 17 18 On November 28, 2012, the magistrate judge filed findings and recommendations 19 herein which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen days. After receiving two 21 extensions of time, defendant filed untimely objections on February 13, 2013 which were not 22 considered. 23 Accordingly, the court presumes any findings of fact are correct. See Orand v. 24 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 26 1983). 1 Dockets.Justia.com 1 2 3 4 5 6 7 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly, IT IS ORDERED that the Findings and Recommendations filed November 28, 2012, are ADOPTED and 1. Callaway’s motion for summary judgment, filed August 16, 2012, (dkt. no. 87), is denied; and 2. CalSpa’s motion for partial summary judgment, filed September 20, 2012, 8 (dkt. no. 93), is granted as to Claims Three, Four and Six. 9 Dated: March 6, 2013 10 11 12 GARLAND E. BURRELL, JR. Senior United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.