17 Cited authorities

In re Phenylpropanolamine
460 F.3d 1217 (9th Cir. 2006) Cited 4,625 times 4 Legal Analyses
Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice
Johnson v. Mammoth Recreations, Inc.
975 F.2d 604 (9th Cir. 1992) Cited 6,358 times
Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable
Granny Goose Foods, Inc. v. Teamsters
415 U.S. 423 (1974) Cited 2,175 times 1 Legal Analyses
Holding that union could not be held in contempt of restraining order
Zivkovic v. Southern California Edison Co.
302 F.3d 1080 (9th Cir. 2002) Cited 2,197 times
Holding that "[a]n employee is not required to use any particular language when requesting an accommodation but need only inform the employer of the need for an adjustment due to a medical condition." (cleaned up)
Carvalho v. Equifax Information Services, LLC
629 F.3d 876 (9th Cir. 2010) Cited 1,159 times 4 Legal Analyses
Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”
Spears v. City of Indianapolis
74 F.3d 153 (7th Cir. 1996) Cited 205 times
Holding that district court did not abuse its discretion in denying motion for one day extension of time for response to motion for summary judgment
Jenkins v. Commonwealth Land Title Ins. Co.
95 F.3d 791 (9th Cir. 1996) Cited 95 times
Holding that a complaint's mere conclusory statement that the plaintiff has “sustained special and general damages” due to defendant's violation of section 480–2 suffices to withstand a motion to dismiss
Butner v. Neustadter
324 F.2d 783 (9th Cir. 1963) Cited 158 times
Holding that after removal, a district court "takes the case as it finds it" and "treats everything that occurred in the state court as if it had taken place in federal court."
Duncan v. Gegan
101 U.S. 810 (1879) Cited 71 times
In Duncan v. Gegan, 101 U.S. 810, the supreme court said that 'the circuit court, when a transfer is effected, takes the case in the condition it was when the state court was deprived of its jurisdiction.
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 34,667 times 53 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,542 times 131 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 1450 - Attachment or sequestration; securities
28 U.S.C. § 1450 Cited 488 times 2 Legal Analyses
Instructing that "orders, and other proceedings . . . prior to [a state court action's] removal shall remain in full force and effect until dissolved or modified by the district court"
Section 2030.030 - Number of interrogatories
Cal. Code Civ. Proc. § 2030.030 Cited 11 times
(a) A party may propound to another party either or both of the following: (1) Thirty-five specially prepared interrogatories that are relevant to the subject matter of the pending action. (2) Any additional number of official form interrogatories, as described in Chapter 17 (commencing with Section 2033.710), that are relevant to the subject matter of the pending action. (b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially
Section 2033.030 - Number of admissions requested
Cal. Code Civ. Proc. § 2033.030 Cited 7 times
(a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets. (b) Unless a declaration as described in Section 2033.050 has been made, a party need only respond to the first 35 admission requests served that do not relate to the genuineness of documents, if that party states an objection to the

Pena et al v. Taylor Farms Pacific, Inc. et al

17 Cited authorities

Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice

Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable

Holding that union could not be held in contempt of restraining order

Holding that "[a]n employee is not required to use any particular language when requesting an accommodation but need only inform the employer of the need for an adjustment due to a medical condition." (cleaned up)

Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

Holding that district court did not abuse its discretion in denying motion for one day extension of time for response to motion for summary judgment

Holding that a complaint's mere conclusory statement that the plaintiff has “sustained special and general damages” due to defendant's violation of section 480–2 suffices to withstand a motion to dismiss

Holding that after removal, a district court "takes the case as it finds it" and "treats everything that occurred in the state court as if it had taken place in federal court."

In Duncan v. Gegan, 101 U.S. 810, the supreme court said that 'the circuit court, when a transfer is effected, takes the case in the condition it was when the state court was deprived of its jurisdiction.

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Adopting the sanctions authorized by Rule 37(b)

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Instructing that "orders, and other proceedings . . . prior to [a state court action's] removal shall remain in full force and effect until dissolved or modified by the district court"