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NEWVINE v. IMMIGRATION AND NATURALIZATION SERVICE

United States District Court, S.D. California


October 3, 2005.

DANIEL NEWVINE, Plaintiff,
v.
IMMIGRATION AND NATURALIZATION SERVICE; UNITED STATES CUSTOMS; HOLIDAY INTERNATIONAL SECURITY, INC., and DOES 1 through 25, inclusive, Defendants.

The opinion of the court was delivered by: JAMES STIVEN, Magistrate Judge

REPORT AND RECOMMENDATION REGARDING TERMINATION OF CASE

THIS ACTION filed under the Americans with Disabilities Act and other federal and state civil rights and common law counts was originally filed on July 2, 2003. A First Amended Complaint was filed on October 30, 2003. The First Amended Complaint names IMMIGRATION AND NATURALIZATION SERVICE; UNITED STATES CUSTOMS; and HOLIDAY INTERNATIONAL SECURITY, INC. as Defendants. It also alleges causes of action under the Americans with Disabilities Act and other federal and state civil rights and common law counts. On March 8, 2004, the federal defendants brought a Motion to Dismiss arguing that the Court did not have jurisdiction to adjudicate these claims against the federal defendants. On May 5, 2004, plaintiff's counsel filed a Request for Dismissal, without prejudice, of defendant's Immigration and Naturalization Service (a/k/a Department of Homeland Security) and United States Customs. District Judge William Q. Hayes signed the Order dismissing the federal defendants on May 8, 2004. Judge Hayes subsequently vacated a hearing date that had been scheduled regarding the defendants' Motion to Dismiss.

The case proceeded as to the remaining defendant, Holiday International Security, Inc. An Early Neutral Evaluation Conference was conducted on September 22, 2004. The case did not settle. A Mandatory Settlement Conference was conducted on November 1, 2004. The case did not settle. A Case Management Conference Order issued. A further Mandatory Settlement Conference was conducted on January 18, 2005. Although the case did not settle, progress toward settlement was realized. Another Mandatory Settlement Conference was scheduled for August 12, 2005. On or about August 8, 2005, counsel informed the Court that the plaintiff's claims against Holiday International Security, Inc. had been settled. The Mandatory Settlement Conference scheduled for August 12, 2005 and the final Pre-trial Conference scheduled for September 16, 2005 were vacated. A Settlement Disposition Conference was scheduled for September 7, 2005. On August 10, 2005, plaintiff's counsel filed a Request for Dismissal as to U.S. Protect, formerly known as Holiday International Security, Inc. District Judge William Q. Hayes signed the Order dismissing that defendant on August 10, 2005. On September 7, 2005, plaintiff's attorney contacted the Court telephonically and indicated that the plaintiff had some confusion regarding the status of the case. A further telephonic Settlement Disposition Conference was scheduled to be heard on September 23, 2005. No one appeared on September 23, 2005. The Court issued an Order scheduling a further Settlement Disposition Conference on September 30, 2005 directing the plaintiff to show cause why this case should not be terminated. A telephonic Settlement Disposition Conference was conducted on September 30, 2005 with all counsel and plaintiff participating in the telephonic conference. Plaintiff's counsel and plaintiff expressed some confusion over the status of the case. The Court reviewed the Court's record on the case with the parties indicating that all defendants had been ordered dismissed. Plaintiff's counsel stated that plaintiff believed that he still had some administrative claim pending against some federal entities or individuals and did not want a dismissal here to prejudice plaintiff's rights. The Court stated that it intended to issue a Report and Recommendation that the case be terminated.

  Accordingly, based upon the record of this case indicating that all defendants have been dismissed,*fn1 it is hereby recommended that the case be terminated.

  Anyone wishing to object to this Report and Recommendation may file an objection with District Judge William Q. Hayes on or before October 18, 2005.

20051003

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