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Litigation

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Stanz v. Brown — S.D. Cal. Magistrate Recommends Civil Contempt and Coercive Per-Diem Fine for Defendants’ Failure to Pay $11,400 Fee Award

After defendants ignored a court order to pay an $11,400 attorney-fee award, the magistrate judge certified facts to the district judge supporting civil contempt and recommended a coercive per-diem fine, but recommended denying the plaintiff’s request for additional fees on the contempt motion

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Stanz v. Brown — S.D. Cal. Magistrate Recommends Civil Contempt for Defendants’ Refusal to Comply With Discovery Order, but Declines Adverse-Inference and Default-Judgment Sanctions

After defendants in a private-jet brokerage dispute substantially failed to comply with a court order requiring document production and on-site electronic-storage inspection, the magistrate judge recommended civil contempt and coercive per-diem fines, but declined to recommend the harsher remedies o

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McElroy v. Pernod Ricard — S.D. Cal. Lets Failure-to-Warn Claim Survive in Sparkling-Wine Bottle Injury Case but Dismisses Design-Defect and Negligence Claims

In a personal-injury suit by a consumer who lacerated her hand when a Mumm Napa Valley sparkling wine bottle exploded after she used a corkscrew to remove a stuck cork, the court granted summary judgment on the design-defect and negligent-storage claims but allowed the failure-to-warn claims to proc

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Lovejoy v. Transdev Services — S.D. Cal. Decertifies Bus Driver Class and Stays Action in Light of Overlapping Earlier-Filed State-Court Cases

After previously certifying a class of California bus driver/operator employees of Transdev for wage-and-hour claims, the court reversed course and decertified the class in light of multiple overlapping earlier-filed state-court class actions, then stayed the case to allow those proceedings to advan

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San Diego University for Integrative Studies v. Westerlund — S.D. Cal. Denies Motion to Expand the Administrative Record in Foreign-Student Certification Dispute

In an APA challenge to ICE’s withdrawal of the school’s certification to enroll foreign students, the magistrate judge refused to compel the agency to add documents to the administrative record or to allow a deposition of the deciding official, ruling that the school’s claims of mi

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