Junan Chen et al v. County of Santa Barbara et al
| Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang and Kelly Yao Wang |
| Asset Campus Housing, Capri Apartments at Isla Vista, County of Santa Barbara, Does 1 through 200, Inclusive and Santa Barbara County Sheriff's Office |
| 2:2015cv01509 |
| March 2, 2015 |
| US District Court for the Central District of California |
| John E McDermott |
| John F Walter |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 28, 2015. A more recent docket listing may be available from PACER.
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| Filing 60 MINUTES (IN CHAMBERS) GRANTING Motion for Judgment on the Pleadings by Defendant's County of Santa Barbara and Santa Barbara County Sheriff Department #56 by Judge John F. Walter: In light of the fact that the Court has dismissed the only claim over which this Court has original jurisdiction, and after considering judicial economy, convenience, fairness, and comity, and with the consent of the parties, the Court declines to exercise supplemental jurisdiction over Plaintiffs state law claims. Therefore, all state law claims alleged in Plaintiffs First Amended Complaint are DISMISSED without prejudice. Accordingly, Plaintiffs will have an opportunity to pursue those claims in state court. (MD JS-6. Case Terminated.) (jp) |
Filing 59
MINUTE (IN CHAMBERS): ORDER TAKING UNDER SUBMISSION Motion for Judgment on the Pleadings by Defendants County of Santa Barbara and Santa Barbara County Sheriff Department #56 by Judge John F. Walter: Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 10/26/2015 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (jp)
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| Filing 58 REPLY In Support NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #56 filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. (Barry, Mary) |
| Filing 57 Opposition to Defendants County of Santa Barbara and Santa Barbara County Sheriff's Department's Motion for Judgment on the Pleadings; Memorandum of Points and Authorities opposition re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #56 filed by Plaintiffs Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. (McNicholas, Patrick) |
| Filing 56 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. Motion set for hearing on 10/26/2015 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum In Support of Motion For Judgment On The Pleadings, #2 Proposed Order) (Barry, Mary) |
| Filing 55 STATEMENT of Counsel Re: Local Rule 7-3 Conference filed by Defendant County of Santa Barbara (Barry, Mary) |
| Filing 54 ANSWER to Plaintiff's First Amended Complaint for Damages filed by Defendant Capri Apartments at Isla Vista.(Kanjo, Christopher) |
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Filing 53
(IN CHAMBERS) ORDER DENYING MOTION BY DEFENDANT HI DESERT MOBILE HOME PARK L.P. TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FILED MAY 20, 2015 #50 by Judge John F. Walter: The Court finds that the issues raised by Defendant are more appropriately resolved on a motion for summary judgment. Accordingly, Defendant's Motion is DENIED. IT IS SO ORDERED. (jloz)
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| Filing 52 RESPONSE IN SUPPORT of MOTION to Dismiss Case First Amended Complaint Filed May 20, 2015 #50 filed by Defendant Capri Apartments at Isla Vista. (Kanjo, Christopher) |
| Filing 51 MEMORANDUM in Opposition to MOTION to Dismiss Case First Amended Complaint Filed May 20, 2015 #50 filed by Plaintiffs Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. (McNicholas, Patrick) |
| Filing 50 NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint Filed May 20, 2015 filed by defendant Capri Apartments at Isla Vista. Motion set for hearing on 7/13/2015 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order)(Egan, Eugene) |
| Filing 49 DECLARATION of William S. Kronenberg Re: Compliance with Local Rules Governing Electronic Filing filed by Defendant Asset Campus Housing. (Kronenberg, William) |
| Filing 48 DECLARATION of Eugene J. Egan ON BEHALF OF DEFENDANT CAPRI RE: RESOLVED AND UNRESOLVED ISSUES FOLLOWING IN-PERSON CONFERENCE ON MOTION TO STRIKE filed by Defendant Capri Apartments at Isla Vista. (Kanjo, Christopher) |
| Filing 47 DECLARATION of David Angeloff Re: Plaintiffs' Meet and Confer with Defendant Capri Re: Motion to Dismiss filed by Plaintiffs Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. (McNicholas, Patrick) |
| Filing 46 ANSWER to Amended Complaint/Petition, #35 JURY DEMAND. filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office.(Barry, Mary) |
| Filing 45 DECLARATION of Mary Pat Barry Re Lead Trial Counsel Compliance with Local Rules Governing Electronic Filing filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. (Barry, Mary) |
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Filing 44
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (jp)
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Filing 43
ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL TO ADR by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on 6/16/2015 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: 1/11/2016. (jp)
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| Filing 42 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 20 days, filed by Defendant Capri Apartments at Isla Vista.. (Egan, Eugene) |
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Filing 41
(IN CHAMBERS): ORDER STRIKING DEFENDANTS MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #37 FOR FAILURE TO COMPLY WITH THE COURT'S STANDING ORDER by Judge John F. Walter: Defendant Hi Desert Mobile Home Park L.P.'s Motion to Dismiss Plaintiff's First Amended Complaint ("Motion") filed on May 27, 2015 [Docket No. 37] is STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order filed on March 5, 2015 [Docket No. 7]. (jloz)
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| Filing 40 ANSWER OF DEFENDANT ASSET CAMPUS HOUSING, INC. TO PLAINTIFFS FIRST AMENDED COMPLAINT FOR DAMAGES filed by Defendant Asset Campus Housing.(Kronenberg, William) |
| Filing 39 Asset's Certificate of Interested Parties (Kronenberg, William) |
| Filing 38 NOTICE of Appearance filed by attorney William S Kronenberg on behalf of Defendant Asset Campus Housing (Attorney William S Kronenberg added to party Asset Campus Housing(pty:dft))(Kronenberg, William) |
| Filing 37 [STRICKEN] NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Filed May 20, 2015 filed by defendant Capri Apartments at Isla Vista. Motion set for hearing on 6/29/2015 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order)(Kanjo, Christopher) Modified on 5/28/2015 (jloz). |
| Filing 36 STATEMENT of Counsel Pursuant to 5(b) of the Court's Standing Order [Doc. 7] Re: Defendant Capri's Motion To Dismiss Plaintiffs' First Amended Complaint filed by Defendant Capri Apartments at Isla Vista (Kanjo, Christopher) |
| Filing 35 FIRST AMENDED COMPLAINT against Defendants All Plaintiffs amending Complaint (Attorney Civil Case Opening),, #1 , filed by Plaintiffs, Wenquei Hong, Changshuang Wang, Kelly Yao Wang, Junan Chen, Jinshuang Liu, Lichu Chen (McNicholas, Patrick) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Mary Pat Barry counsel for Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. Lisa Ann Rothstein is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants County of Santa Barbara, and Santa Barbara County Sheriff's Department. (Barry, Mary) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Mary Pat Barry counsel for Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. Adding Mary Pat Barry as counsel of record for County of Santa Barbara, and Santa Barbara County Sheriff's Department for the reason indicated in the G-123 Notice. Filed by Defendants County of Santa Barbara, and Santa Barbara County Sheriff's Department. (Attorney Mary Pat Barry added to party County of Santa Barbara(pty:dft), Attorney Mary Pat Barry added to party Santa Barbara County Sheriff's Office(pty:dft))(Barry, Mary) |
| Filing 32 ANSWER filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office.(Rothstein, Lisa) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher A Kanjo counsel for Defendant Capri Apartments at Isla Vista. Adding Christopher A. Kanjo as counsel of record for Hi Desert Mobile Home Park LP (Erroneously Sued As "Capri Apartments at Isla Vista") for the reason indicated in the G-123 Notice. Filed by defendant Hi Desert Mobile Home Park LP (Erroneously Sued As "Capri Apartments At Isla Vista"). (Attorney Christopher A Kanjo added to party Capri Apartments at Isla Vista(pty:dft))(Kanjo, Christopher) |
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Filing 30
ORDER by Judge John F. Walter, re Stipulation for Extension of Time to File #29 . 1. IT IS ORDERED THAT plaintiffs shall have up to and including May 20, 2015, in which to file a first amended complaint in this action. 2. IT IS FURTHER ORDERED THAT defendant shall have up to and including May 27, 2015, in which to file a response to plaintiffs' first amended complaint. (shb)
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| Filing 29 STIPULATION for Extension of Time to File First Amended Complaint filed by Defendant Capri Apartments at Isla Vista. (Attachments: #1 Proposed Order)(Egan, Eugene) |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Eugene J Egan counsel for Defendant Capri Apartments at Isla Vista. Adding Eugene J. Eagan as counsel of record for HI DESERT MOBILE HOME PARK LP (erroneously sued as "CAPRI APARTMENTS AT ISLA VISTA") for the reason indicated in the G-123 Notice. Filed by defendant HI DESERT MOBILE HOME PARK LP (erroneously sued as "CAPRI APARTMENTS AT ISLA VISTA"). (Attorney Eugene J Egan added to party Capri Apartments at Isla Vista(pty:dft))(Egan, Eugene) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin H Louth counsel for Defendant Capri Apartments at Isla Vista. Kevin H. Louth is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant HI DESERT MOBILE HOME PARK LP (erroneously sued as "CAPRI APARTMENTS AT ISLA VISTA"). (Louth, Kevin) |
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Filing 26
MINUTES (IN CHAMBERS) ORDER STRIKING Defendants County of Santa Barbara and Santa Barbara County Sheriff's Department's Motion to Dismiss Complaint (FRCP 12(b)(6) #25 ). by Judge John F. Walter: The Santa Barbara Defendants' Motion is STRICKEN. The Santa Barbara Defendants shall answer the Complaint by 5/13/2015. (jp)
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| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case (F.R.C.P. 12(b)(6)) filed by defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. Motion set for hearing on 6/8/2015 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order)(Rothstein, Lisa) |
| Filing 24 NOTICE of Interested Parties filed by Defendant Capri Apartments at Isla Vista, identifying JUNAN CHEN (plaintiff); KELLY YAO WANG (plaintiff); CHANGSHUANG WANG (plaintiff); JINSHUANG LIU (plaintiff); LICHU CHEN (plaintiff); WENQUEI HONG (plaintiff); HI DESERT MOBILE HOME PARK LP (erroneously sued as "CAPRI APARTMENTS AT ISLA VISTA") (defendant); COUNTY OF SANTA BARBARA (defendant); SANTA BARBARA COUNTY SHERIFF'S DEPARTMENT (defendant); and ASSET CAMPUS HOUSING. (Louth, Kevin) |
| Filing 23 STIPULATION Extending Time to Answer the complaint as to Capri Apartments at Isla Vista answer now due 5/8/2015, re Complaint (Attorney Civil Case Opening),, # 1 filed by defendant Capri Apartments at Isla Vista.(Attorney Kevin H Louth added to party Capri Apartments at Isla Vista(pty:dft))(Louth, Kevin) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Wenquei Hong, Changshuang Wang, Kelly Yao Wang, Junan Chen, Jinshuang Liu, Lichu Chen, upon Defendant Santa Barbara County Sheriff's Office served on 3/12/2015, answer due 5/4/2015. Service of the Summons and Complaint were executed upon CHELSEA LENZI, DEPUTY CLERK in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (McNicholas, Patrick) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Wenquei Hong, Changshuang Wang, Kelly Yao Wang, Junan Chen, Jinshuang Liu, Lichu Chen, upon Defendant County of Santa Barbara served on 3/12/2015, answer due 5/4/2015. Service of the Summons and Complaint were executed upon CHELSEA LENZI, DEPUTY CLERK in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (McNicholas, Patrick) |
| Filing 20 NOTICE OF ERRATA AND CORRECTION RE PROOF OF SERVICE OF SUMMONS ON DEFENDANT CAPRI APARTMENTS AT ISLA VISTA filed by PLAINTIFFS Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. (McNicholas, Patrick) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Wenquei Hong, Changshuang Wang, Kelly Yao Wang, Junan Chen, Jinshuang Liu, Lichu Chen, upon Defendant Service of the Summons and Complaint were executed upon John Doe (refused name), person in charge, in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (McNicholas, Patrick) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Wenquei Hong, Changshuang Wang, Kelly Yao Wang, Junan Chen, Jinshuang Liu, Lichu Chen, upon Defendant Capri Apartments at Isla Vista served on 3/19/2015, answer due 4/9/2015. Service of the Summons and Complaint were executed upon John Doe (refused name), Person in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (McNicholas, Patrick) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Wenquei Hong, Changshuang Wang, Kelly Yao Wang, Junan Chen, Jinshuang Liu, Lichu Chen, upon Defendant Asset Campus Housing served on 3/12/2015, answer due 4/2/2015. Service of the Summons and Complaint were executed upon CSC Lawyers Incorporating Serv., Becky DeGeorge in compliance with California Code of Civil Procedure by personal service. Original Summons returned. (McNicholas, Patrick) |
| Filing 16 NOTICE filed by Plaintiffs Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. of Scheduling Conference Pursuant to Court Order (Attachments: # 1 Exhibit 1)(McNicholas, Patrick) |
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for 6/15/2015 at 08:30 AM before Judge John F. Walter. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before 6/1/2015. (jp)
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Filing 14
ORDER On Stipulation to Respond to Complaint # 13 by Judge John F. Walter that the County of Santa Barbara, Santa Barbara County Sheriff's Office may have until 5/4/2015, to file a response to the Complaint for Damages. (jp)
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| Filing 13 STIPULATION for Extension of Time to File Answer to May 4, 2015 re Complaint (Attorney Civil Case Opening),, # 1 filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. (Attachments: # 1 Proposed Order on Stipulation to Extend Time to Respond to Complaint)(Rothstein, Lisa) |
| Filing 12 Certification and NOTICE of Interested Parties filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office, identifying County of Santa Barbara and Santa Barbara County Sheriff's Department. (Attorney Lisa A Rothstein added to party County of Santa Barbara(pty:dft), Attorney Lisa A Rothstein added to party Santa Barbara County Sheriff's Office(pty:dft))(Rothstein, Lisa) |
| Filing 11 DECLARATION of Lisa A. Rothstein re Compliance with Local Rules Governing Electronic Filing filed by Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office. (Rothstein, Lisa) |
| Filing 10 DECLARATION of Patrick McNicholas Lead Trial Counsel Re: Compliance with Local Rules Governing Electronic Filing filed by Plaintiffs Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. (McNicholas, Patrick) |
| Filing 9 21-Day Summons Issued re Complaint # 1 as to Defendants County of Santa Barbara, Santa Barbara County Sheriff's Office, Capri Apartments at Isla Vista, Asset Campus Housing, and Does 1 through 100, inclusive. (gk) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, # 1 filed by Plaintiffs Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. (McNicholas, Patrick) |
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Filing 7
STANDING ORDER by Judge John F. Walter. This action has been assigned to the calendar of Judge John F. Walter. Both the Court and counsel bear responsibility for the progress of litigation in Federal Court. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (jloz)
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| Filing 6 Plaintiffs' NOTICE of Interested Parties filed by Junan Chen, et al. All Plaintiffs, identifying Junan Chen, Kelly Yao Wang, Changshuang Wang, Jinshuang Liu, Lichu Chen, Wenquei Hong. (McNicholas, Patrick) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) # 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John E. McDermott. (et) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Junan Chen, Lichu Chen, Wenquei Hong, Jinshuang Liu, Changshuang Wang, Kelly Yao Wang. (McNicholas, Patrick) |
| Filing 1 COMPLAINT Receipt No: 0973-15299407 - Fee: $400, filed by Plaintiffs Wenquei Hong, Changshuang Wang, Kelly Yao Wang, Junan Chen, Jinshuang Liu, Lichu Chen. (Attorney Patrick McNicholas added to party Junan Chen(pty:pla), Attorney Patrick McNicholas added to party Lichu Chen(pty:pla), Attorney Patrick McNicholas added to party Wenquei Hong(pty:pla), Attorney Patrick McNicholas added to party Jinshuang Liu(pty:pla), Attorney Patrick McNicholas added to party Changshuang Wang(pty:pla), Attorney Patrick McNicholas added to party Kelly Yao Wang(pty:pla))(McNicholas, Patrick) |
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