Shingle Springs Band of Miwok Indians v. Caballero
| California Eastern District Court | |
| Judge: | Kimberly J Mueller |
| Referred: | Allison Claire |
| Case #: | 2:08-cv-03133 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1125 Trademark Infringement (Lanham Act) |
| Case Filed: | Dec 23, 2008 |
| Re-opened: | Nov 20, 2015 |
| Terminated: | Jul 08, 2019 |
| Last checked: Sunday Dec 25, 2016 6:36 PM PST |
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Cross Claimant
Cesar Caballero
6368 Pleasant Valley Road
El Dorado, CA 95623 |
Represented By
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Cross Defendant
Shingle Springs Band of Miwok Indians
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Represented By
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Defendant
Cesar Caballero
6368 Pleasant Valley Road
El Dorado, CA 95623 |
Represented By
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Plaintiff
Shingle Springs Band of Miwok Indians
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Represented By
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| TERMINATED PARTIES | |
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Neutral
VDRP
Terminated: 07/16/2009
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Represented By
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GPO
Feb 11 2009
STIPULATION and ORDER 7 for extension of time signed by Judge John A. Mendez on 2/10/2009. Defendant's responsive pleading to plaintiff's Complaint is due on or before 2/17/2009. (Marciel, M) |
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GPO
Feb 25 2009
ORDER signed by Judge John A. Mendez on 2/24/09 re 12 ORDERING that Plaintiff's responsive pleading to Defendant's cross-complaint is due on or before March 26, 2009. (Duong, D) |
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GPO
May 20 2009
ORDER 21 signed by Judge John A. Mendez on 5/20/2009. Plaintiff's 16 Motion to Dismiss is GRANTED and Counter-Plaintiff Cesar Caballero's 11 Complaint is DISMISSED with prejudice for lack of subject matter jurisdiction. (Marciel, M) |
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GPO
Jun 23 2009
STIPULATION and ORDER signed by Judge John A. Mendez on 06/22/09 ORDERING that case is REFERRED to VDRP; the time to file a notice of appeal of the 33 Courts Order is EXTENDED by 30 days. (Benson, A.) |
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GPO
Sep 29 2009
ORDER signed by Judge John A. Mendez on 9/28/2009 DENYING 44 MOTION to WITHDRAW as ATTORNEY filed by Cesar Caballero. (Matson, R) |
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GPO
Apr 19 2010
ORDER signed by Judge John A. Mendez on 04/16/10 Discovery due by 8/27/2010. (Williams, D) |
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GPO
May 28 2010
STIPULATION AND ORDER signed by Judge John A. Mendez on 5/28/2010 ORDERING the hearing on the Tribe's motion to compel further responses to document requests, set for hearing on June 4, 2010, before the Honorable Dale A. Drozd, is continued to September 3, 2010; The Tribe's motion for leave to file a Second Amended Complaint, set for hearing on July 7, 2010, before the Honorable John A. Mendez is taken off calendar; The Tribe may file a Second Amended Complaint no later than August 30, 2010; Mr. Caballeros answer to the Tribes Second Amended Complaint shall be filed no later than September 30, 2010. Discovery due by 11/29/2010; Dispositive Motions filed by 12/29/2010; Final Pretrial Conference set for 3/4/2011 at 02:00 PM and Trial set for 4/25/2011 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Matson, R) |
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GPO
Sep 03 2010
ORDER signed by Judge John A. Mendez on 09/03/10 GRANTING 90 Motion for TRO; Mr. Caballero must immediately return to the Tribe any mail diverted from the Tribe to Mr. Caballero through the process of the USPS. Defendant is further notified that he has the right to apply to this Court for modification of the Order on 2 days notice or such shorter notice as the Court may allow. A hearing on the Tribe's motion for preliminary injunction is set for 9/15/2010 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Defendant's opposition due 09/08/10. Plaintiff's reply if any due 09/13/10. Bond requirement is waived. (Williams, D) |
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GPO
Sep 07 2010
ORDER signed by Magistrate Judge Dale A. Drozd on 09/03/10 ORDERING that plf's 81 Motion to Compel is GRANTED IN PART; dft shall conduct a thorough search and produce all responsive documents not previously produced along with a declaration signed under penalty of perjury describing clearly and in detail the nature, scope, and results of the search undertaken. Defendant's declaration and supplemental materials shall be served on plf by close of business 10/01/10. (Benson, A.) |
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GPO
Sep 15 2010
PRELIMINARY INJUNCTION ORDER signed by Judge John A. Mendez on 9/15/2010 ORDERING 94 Dft Cesar Caballero may not use, or represent to third parties, including the US Govt, that he is associated with or a representative of the "Shingle Springs Band of Miwok Indians," the "Shingle Springs Rancheria," the "Shingle Springs Miwok Tribe," the "Shingle Springs Miwok Indians," or any confusingly similar variation thereof; Mr. Caballero also may not represent that he is associated with, or lives on, the Shingle Springs Rancheria, the sovereign territory and land based that is held in trust by the US for the Tribe; this injunction does not seek to preclude Mr. Caballero from petitioning the Dept of Interior for federal recognition for any tribal entity he represents, so long as he does not misrepresent that he his authorized to speak or act for the Tribe; Mr. Caballero must immediately return, without further delay, to the Tribe any and all mail diverted from the Tribe to Mr. Caballero through the processes of the USPS; Given that the balance of the potential hardships each party would suffer weighs overwhelmingly in favor of the parties seeking the preliminary injunction, any bond requirement is waived. (Reader, L) |
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GPO
Oct 06 2010
ORDER granting 106 Motion for Extension signed by Magistrate Judge Dale A. Drozd on 10/5/2010; Defendant shall produce all responsive documents together with the declaration described in the court's 9/7/2010 order by close of business on 11/1/2010, absent further order of the court.(Matson, R) |
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GPO
Nov 03 2010
STIPULATION and ORDER signed by Judge John A. Mendez on 11/2/2010 ORDERING 117 All deadlines in the action before this Court are taken off calendar, and all discovery deadlines are STAYED, pending further order of the Court; No later than 1/28/2011, and every 90 days thereafter so long as the action remains stayed, the parties shall file a joint status report; The schedule set by the parties shall require Mr. Caballero, no later than 14 days after the filing of the joint status report terminating the stay, to comply with Judge Drozd's order on the motion to compel; Any stay of the action shall not affect the force and effect of the preliminary injunction the Court issued on 9/15/2010, and the Tribe may seek and the Court may grant any relief necessary to effectuate the injunction, notwithstanding this stipulation and order.(Reader, L) |
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GPO
May 17 2011
ORDER to SHOW CAUSE signed by Judge John A. Mendez on 5/16/11, ORDERING that Cesar Caballero shall appear and show cause, why he should not be held in contempt for his failure to comply with the terms of this Court's preliminary injunction order issued on 9/15/10. A Show Cause Hearing is SET for 6/15/2011 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Any responsive pleading to this order to show cause shall be filed and served on or before 6/1/11, and any reply thereto shall be filed and served on or before 6/8/11. (Kastilahn, A) |
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GPO
Jun 29 2011
STIPULATION and ORDER signed by Judge John A. Mendez on 6/29/2011 ORDERING that the hearing on the Court's order to show cause is CONTINUED to 7/20/2011 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Zignago, K.) |
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GPO
Aug 02 2011
ORDER HOLDING DEFENDANT IN CONTEMPT FOR VIOLATING THE COURT'S PRELIMINARY INJUNCTION signed by Judge John A. Mendez on 08/01/11 and ORDERING Cesar Caballero to pay a coercive sanction of $500 per day for each day beyond 30 days that he remains in violation of the Injunction Order as detailed herein. (Benson, A.) |
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GPO
Sep 01 2011
ORDER signed by Judge John A. Mendez on 9/1/11 GRANTING 142 Motion. (Meuleman, A) |
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GPO
Sep 28 2011
ORDER signed by Judge John A. Mendez on 9/26/11 ORDERING that Plaintiff may file a reply no later than 10/3/2011. (Mena-Sanchez, L) |
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GPO
Sep 28 2011
STIPULATION and ORDER signed by Judge John A. Mendez on 9/28/11 ORDERING the hearing on the Court's Order to Show Cause (Dckt#152) and the hearing on Brad Clark's Motion to Withdraw as Counsel for Cesar Caballero (Dckt#145) are both continued to October 19, 2011, at 9:30 a.m., from October 5, 2011; Defendant's response to the Order to Show Cause shall be filed no later than Friday, October 7, 2011; Plaintiff's reply to Defendant's response to the Order to Show Cause shall be filed by Friday, October 14, 2011; Defendant's reply to Plaintiff's Opposition to Brad Clark's Motion to Withdraw as Counsel for Cesar Caballero (Dckt#153) shall be filed by Wednesday, October 12, 2011. (Matson, R) |
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GPO
Oct 28 2011
ORDER signed by Judge John A. Mendez on 10/27/11: Attorney Bradley Laird Clark terminated. Cesar Caballero is hereby substituted in pro se as counsel of record. (Kaminski, H) |
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GPO
Oct 31 2011
ORDER signed by Judge John A. Mendez on 10/28/2011 ORDERING that, should Cesar Caballero fail to take the steps outlined to bring himself into compliance with the Injunction Order and Contempt Order before 11/14/2011, he shall report to this Court by 2:00 PM on 11/14/2011 to be committed to the custody of the USM. Should Cesar Caballero be committed to the USM, a hearing shall be held on 1/4/2012 at 9:30 AM to address Cesar Caballero's continued contempt of this Court. (Hand Delivered to USM) (Zignago, K.) |
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GPO
Dec 02 2011
ORDER signed by Judge John A. Mendez on 11/28/2011 ORDERING attorney Joseph J. Wiseman is appointed as Special Counsel for Cesar Caballero regarding the civil contempt matter. Clerk shall add attorney Wiseman as ancillary appointed counsel under the Criminal Justice Act for defendant Caballero. (Waggoner, D) |
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GPO
Jan 05 2012
ORDER signed by Judge John A. Mendez on 1/4/12; On January 4, 2012, this Court held a status conference. The Court ordered that Defendant Cesar Caballero, who was in custody for civil contempt, be temporarily released forthwith. The Court emphasized that Defendant remains in contempt of the Court and that its previous order holding Defendant in contempt for violating the Courts preliminary injunction order (Doc. #140) remains in force and has not been vacated. The Court is allowing Defendant to be temporarily released from custody so that he may consult with counsel and demonstrate to the Court that he intends to comply with the Court' preliminary injunction order (Doc. #99) by January 25, 2012. Defendant is ordered temporarily released from custody forthwith.(Matson, R) (cc Hand Deliverd to USM) |
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GPO
Jan 12 2012
STIPULATION and ORDER signed by Judge John A. Mendez on 1/12/12 CONTINUING Hearing on 169 MOTION to VACATE Civil Contempt Order to 2/8/2012 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Meuleman, A) |
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GPO
Feb 13 2012
STIPULATION and ORDER signed by Judge John A. Mendez on 2/13/2012 ORDERING that Defendant Caballero surrender to the U.S. Marshal by 2/24/2012 at 5:00 PM unless he complies with the Civil Contempt Order by that time. (Michel, G) |
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GPO
Mar 06 2012
RELATED CASE ORDER signed by Judge John A. Mendez on 03/05/12 ORDERING that cases 2:08-cv-3133 JAM DAD and 2:12-cv-00548 GEB CKD are RELATED; case 2:12-cv-00548 is REASSIGNED to Judge John A. Mendez and Magistrate Judge Dale A. Drozd for all further proceedings. (Benson, A.) |
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GPO
Apr 03 2012
ORDER signed by Judge John A. Mendez on 4/3/2012 re 198 Stipulation and Proposed Order ORDERING that the Civil Contempt Order is VACATED; USM shall immediately release defendant Caballero from custody on the Contempt Order. (cc: hand-carried to USM) (Waggoner, D) |
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GPO
Apr 06 2012
ORDER signed by Judge John A. Mendez on 4/5/12 ORDERING that the appointment under the Criminal Justice Act of Joseph J. Wiseman, Esq. for ancillary services in the above-captioned case is hereby TERMINATED. (Becknal, R) Modified on 5/7/2012 (Vine, H). |
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GPO
May 14 2012
ORDER EXTENDING DEADLINES TO PERMIT PLAINTIFF TO DEPOSE CESAR CABALLERO signed by Judge John A. Mendez on 5/14/12 ORDERING all Discovery due by 7/16/12; Dispositive Motions filed by 8/15/12; Hearing on dispositive motions set for 9/19/12 at 09:30 AM; Final Pretrial Conference set for 10/19/12 at 11:00 AM; Jury Trial set for 12/3/12 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Becknal, R) |
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GPO
Jul 18 2012
ORDER signed by Judge John A. Mendez on 7/17/2012 ORDERING 212 Mr. Caballero shall participate in good faith in an additional deposition by Plaintiff lasting no more than one day; a notice of deposition served at least 7 days in advance of the deposition date(s) sent via U.S. Mail to Mr. Caballero's address of record with the court; and via email, shall constitute sufficient notice to compel Mr. Caballero's attendance at such a deposition; within 7 days of the date this Order is filed, the Tribe may file an amended complaint incorporating conduct of Mr. Caballero discovered since the Tribe filed its previous complaint; and Discovery due by 8/31/2012; Dispositive Motions filed by 10/8/2012, hearing on dispositive motions shall be set for 11/7/2012 at 9:30 AM; Joint Pretrial Statements by 1/11/2013; Final Pretrial Conference Reset for 1/18/2013 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; Trial Reset for 3/4/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Reader, L) |
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GPO
Feb 08 2013
ORDER signed by Judge John A. Mendez on 2/7/13 ORDERING that the Tribe's 236 Motion for Partial Summary Judgment and Entry of Permanent Injunction is GRANTED. Summary judgment is hereby entered in the Tribe's favor and against Caballero as to the Tribe's First, Second, Fourth, and Fifth Causes of Action, and as to its unfair competition claim under its Third Cause of Action. A permanent injunction hereby issues, effective immediately, consistent with this Order. Caballero shall file with this Court, and serve on the Tribe within 60 days after this Order is filed, a report in writing, under oath, setting forth in detail the manner and form in which Caballero has acted to comply with all of the foregoing requirements. The Tribes remaining claims, including all claims for damages, are hereby DISMISSED, without prejudice. Judgment shall be entered consistent with this Order. CASE CLOSED (Kastilahn, A) |
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GPO
Sep 16 2013
ORDER to SHOW CAUSE signed by Judge John A. Mendez on 9/16/2013 ORDERING Mr. Caballero shall appear and SHOW CAUSE, if any there is, why he should not be imprisoned for his failure to comply with the terms of this Court's Injunction Order; response shall be filed and served on or before 9/30/2013; Show Cause Hearing SET for 10/23/2013 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Waggoner, D) |
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GPO
Jan 10 2014
ORDER to SHOW CAUSE signed by Judge John A. Mendez on 1/9/14 ORDERING Mr. Oliver to appear before this Court on Wednesday 2/5/2014 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez, to show cause as to why he should not be held in contempt for failing to comply with the Court's orders. (Mena-Sanchez, L) |
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GPO
May 02 2016
STIPULATION and ORDER signed by District Judge John A. Mendez on 5/2/16: Status Conference continued to 6/14/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. The parties shall file a joint status report no later than June 7, 2016. (Kaminski, H) |
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GPO
May 18 2016
ORDER of RECUSAL signed by District Judge John A. Mendez on 05/17/16 ORDERING that undersigned RECUSES himself as the judge for the above-captioned case; all pending dates before Judge Mendez are VACATED, to be reset by the judge that is reassigned. Case REASSIGNED to District Judge Kimberly J. Mueller for all further proceedings. The new case number is 2:08-cv-3133 KJM AC. (Benson, A) |
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GPO
Sep 08 2016
SCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 9/8/16 ORDERING that this case is REFERRED to the Ninth Circuit for mediation. The parties shall update initial disclosures within 30 days of completion of mediation, if the case does not settle. The parties shall file any briefing regarding whether the court should allow supplementation of the record and the filing of additional motions for summary judgment within 60 days of completion of mediation, if the case does not settle. (Kastilahn, A) |
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GPO
Mar 01 2017
ORDER signed by District Judge Kimberly J. Mueller on 3/1/2017 ORDERING On or before 3/31/2017, the parties shall exchange documents as part of the mediation process. The mediator will initiate a further settlement conference call with counsel on 4/13/2017, at 2:00 PM.(Washington, S) |
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GPO
Apr 04 2018
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/3/18: The Tribe shall file its Motion for Voluntary Dismissal on or before May 14, 2018. Mr. Caballero may file an opposition to the Tribe's Motion for Voluntary Dismissal on or before June 14, 2018. The Tribe may file a reply in support of its Motion for Voluntary Dismissal on or before June 28, 2018. The deadlines in the September 8, 2016, scheduling order 316 are taken off calendar. (Kaminski, H) |
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GPO
Jul 10 2018
ORDER signed by District Judge Kimberly J. Mueller on 7/9/2018 DENYING 325 Substitution of Attorney - Proposed. Within 30 days, counsel for Mr. Caballero shall file either an opposition to the Tribe's dismissal motion, or a Rule 182-compliant motion to withdraw. (Washington, S) |
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GPO
Jun 21 2019
ORDER signed by District Judge Kimberly J. Mueller on 6/20/19 GRANTING the Tribe's motion to dismiss its first, second, third and fifth claims with prejudice and its fourth claim without prejudice, ECF No.324; DENYING the Wopumnes Tribes' motion to intervene, ECF No. 331; and DENYING as moot Counsel for defendant's motion to withdraw as counsel in this case, ECF No. 332.(Becknal, R) |
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GPO
Jul 08 2019
ORDER signed by District Judge Kimberly J. Mueller on 7/8/2019 GRANTING 226 Motion to Dismiss, DISMISSING defendant's counter-claims, and DENYING as moot 256 Motion to Dismiss. CASE CLOSED. (Huang, H) |
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GPO
Aug 14 2020
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/13/2020 DENYING as moot 345 request and DENYING as moot 358 application to proceed in district court without prepaying fees or costs. The case remains closed. (York, M) |
| Docket last updated: 04/18/2024 11:59 PM PDT |
| Monday, November 15, 2021 | ||
| 371 | 371
appeal
USCA Order/Mandate/Memo
Tue 11/16 4:40 PM
USCA MANDATE AFFIRMING The decision of the District Court re362 Notice of Appeal. (Mena-Sanchez, L) |
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