13 results for 'judge:"Holcomb"'.
J. Holcomb grants final approval of a class action settlement in a wage-and-hour class action. Class counsel adequately represented the proposed settlement class. The settlement amount of $2.85 million is adequate, fair and reasonable. The method for distributing relief is adequate. The treatment of class members is equitable. $832,199 is awarded in attorney fees, $20,038 is awarded in litigation costs, $26,000 is awarded for administrative costs, and the two named plaintiffs are awarded $10,000 and $7500.
Court: USDC Central District of California, Judge: Holcomb, Filed On: May 14, 2024, Case #: 5:21cv287, NOS: Labor/Management Relations - Labor, Categories: Employment, Class Action
J. Holcomb denies in part Whirlpool's motion to dismiss consumers' allegations that a Whirlpool gas stove emits harmful pollutants, that Whirlpool is aware of this risk and that it has not informed consumers of the risk. The stove owners have Article III standing to bring these actions. The disclaimer, buried in the lengthy user manual, does not effectively disclaim the implied warranties at issue. The consumers sufficiently allege the existence of a design defect. The consumers are granted leave to amend their fraud claims.
Court: USDC Central District of California, Judge: Holcomb, Filed On: May 14, 2024, Case #: 2:23cv4752, NOS: Contract Product Liability - Contract, Categories: Product Liability
J. Holcomb denies the government's motion to dismiss a naturalized citizen's allegations of violation of the Fifth Amendment after he filed an I-130 petition on behalf of his stepson, which the government revoked, because the citizen did not establish “that the beneficiary legally changed his name." The court possesses subject matter jurisdiction. It is premature for the court to rule on whether the statute is unconstitutionally vague as applied to this action. The citizen has sufficiently stated an equal protection claim in asserting that Yemeni-Americans and their family members are subjected to a heightened evidentiary burden that is not applied to other citizens. The citizen has sufficiently stated a procedural due process claim by alleging that Immigration Services did not include his marriage certificate in the appeal sent to the Board of Immigration Appeals.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 18, 2024, Case #: 8:23cv624, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Holcomb finds in favor of the state agency against the attorney's complaint, which alleges that the state agency must independently investigate the judge who served as an arbitrator in an underlying divorce action because the judge was actually a temporary judge. The Eleventh Amendment bars this action, because it gives states and state agencies sovereign immunity to cases filed in federal court.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 8, 2024, Case #: 5:22cv1709, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary, Immunity
J. Holcomb grants the consumer electronics company judgment on the pleadings regarding the technology company's complaint that the former's "Wi-Fi compatible" products infringe on the latter's patent entitled, "Method and Apparatus for Decoding Transmission Signals in a Wireless Communication System." The technology company's patent does not qualify as an inventive concept because the specification of the patent indicates that it is made of conventional methods and arithmetic averaging that was well understood when the technology company invented it.
Court: USDC Central District of California, Judge: Holcomb, Filed On: March 4, 2024, Case #: 8:22cv2310, NOS: Patent - Property Rights, Categories: Patent
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J. Holcomb denies in part the government's motion to dismiss a son's allegations of both negligent and intentional infliction of emotional distress after his father, an immigration detainee, died due to complications from Covid-19 while in ICE custody. "The conduct at issue is not the type that is generally shielded by the discretionary function." The government was required to assess whether the father could potentially be released after he contracted Covid-19. The portions of the son's claims which center on the ICE's concealment of the seriousness of his father's condition and subsequent death continue.
Court: USDC Central District of California, Judge: Holcomb, Filed On: February 21, 2024, Case #: 5:23cv380, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Covid-19
J. Holcomb finds in favor of Mercedes-Benz USA against the customer’s complaint accusing the company of refusing to repair or replace a defective 2021 Mercedes-Benz GLA250W. The customer leased the defective vehicle from Mercedes-Benz of Ontario, an MBUSA-affiliated dealership, but MBUSA was not implicated in the customer’s lease and it did not provide a new warranty for the vehicle, meaning it is not liable for any defects.
Court: USDC Central District of California, Judge: Holcomb, Filed On: January 8, 2024, Case #: 5:21cv1914, NOS: Other Contract - Contract, Categories: Vehicle, Warranty, Contract
J. Holcomb grants an employee's motion for attorney fees and costs and grants final approval of the class action settlement agreement in a wage and hour suit. The settlement is adequate, fair and reasonable. An attorney fee of 30% of the settlement award is granted, as well as $45,315 in litigation costs and $52,575 in administration costs.
Court: USDC Central District of California, Judge: Holcomb, Filed On: January 8, 2024, Case #: 8:20cv1075, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Holcomb grants the father $89,200 in attorney fees and costs for his due process complaint alleging that the school district repeatedly did not provide his daughter, the student, an Individualized Education Plan to allow her to access grade-level curriculum, causing the student to fall behind on her reading and writing skills. The father's requested rates are reasonable for both his counsel and his experienced paralegal as they match the typical rates, and the hours are reasonable because the school district filed multiple motions to dismiss the complaint that required the father's counsel to prepare multiple opposition briefs and to deal with proceedings delays.
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 31, 2023, Case #: 8:23cv524, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Attorney Fees
J. Holcomb grants various gun rights groups' motion for preliminary injunction regarding two new statutes that ban gun shows at the Orange County Fairgrounds. The groups allege that the statutes infringe on their First and Second Amendment rights. The groups have shown that, since firearm transfers cannot occur at gun shows in California, as gun buyers can only pick up their purchases at another location following a 10-day waiting period and background check, the statute prohibits free speech by preventing sellers from informing buyers about their products. The groups will likely succeed on the merits of their complaints.
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 30, 2023, Case #: 8:22cv1518, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Holcomb grants the SEC's partial motion for summary judgment and dismisses an individual's motion for sanctions regarding several Freedom of Information Act requests filed by the individual and the SEC's decision to redact or withhold certain documents. The individual has not included any documents or emails that corroborate his accusations. The individual's "claims of a vast and nefarious conspiracy certainly qualify as extraordinary; regrettably, cursory references to Wikipedia, headlines, and his own book certainly do not."
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 11, 2023, Case #: 5:21cv1637, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record
J. Holcomb denies a Singaporean company's motion for an anti-suit injunction to enjoin an individual from enforcing the injunction of the Singapore International Commercial Court pending the resolution of this action. The company "fails to show that Singapore’s treatment of judicial and collateral estoppel issues violates public policy." Further, "granting the Motion would not provide [the company] with the actual relief it seeks."
Court: USDC Central District of California, Judge: Holcomb, Filed On: September 5, 2023, Case #: 2:19cv6914, NOS: Other Contract - Contract, Categories: Contract