Leubner v. County of San Joaquin et al
| Milos Leubner |
| San Joaquin Sheriff's Department, Kenneth Eggie, Christopher Holden, Ernie Schmidt, Victor Vincent, County of San Joaquin, San Joaquin Office of Child Protective Services, Pehl, Jeff Luck and Thomas Mazzerra |
| 2:2008cv00853 |
| April 22, 2008 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Garland E. Burrell |
| John F. Moulds |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
237
ORDER signed by Judge Garland E. Burrell, Jr., on 9/4/12 ORDERING that Plaintiff's 231 motion for extension of time is GRANTED. Plaintiff's 236 motion to set aside judgment is GRANTED. The Clerk is directed to vacate the judgment entered on 8/14/2012 and reopen this case. Plaintiff shall file a supplemental opposition to the 7/23/2012 findings and recommendations within 21 days from the date of this order. (Kastilahn, A)
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Filing
226
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 07/20/12 ORDERING that the 223 Motion to Continue the Pretrial Conference is GRANTED; the Pretrial Conference is CONTINUED to 09/17/12 at 01:30 PM in Courtroom 10 ( GEB) before Judge Garland E. Burrell, Jr. and RECOMMENDING that Mazzera's motion to strike be denied; that Mazzera's request for judicial notice and motion for summary judgment be granted; and that Holden's request for judicial notice and motion for summary judgment be granted. Objections to these F&Rs due within 14 days; motions 192 , 193 , 204 , 213 referred to Judge Garland E. Burrell, Jr. (Benson, A.)
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Filing
221
ORDER signed by Magistrate Judge John F. Moulds on 7/16/12 GRANTING 212 Notice of Request to Seal Document(s) filed by Christopher Holden. (Meuleman, A)
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Filing
205
ORDER signed by Magistrate Judge John F. Moulds on 6/21/2012 ORDERING that Plaintiff's 199 request for an extension of time is PARTIALLY GRANTED on account of his failure to file an opposition. The hearing on defendants' 192 , 193 moti ons for summary judgment is CONTINUED to 7/12/2012 at 11:00 a.m. in courtroom # 26. Plaintiff shall file an opposition on or before 7/3/2012. Defendants shall file a reply on or before 7/10/2012. No further extensions of time shall be granted. Insofa r as plaintiff's request can be construed as a request to allow his daughters to testify at the hearing on defendants' motions for summary judgment, this request is DENIED. The hearing on the motion for summary judgment is not an evidentiary hearing. (Zignago, K.)
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Filing
176
ORDER ADOPTING 171 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 3/14/20102. Plaintiff's Motion for Reconsideration and 167 Motion for Default Judgment are DENIED. (Marciel, M)
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Filing
171
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 02/16/12 ORDERING that the 02/23/12 hearing on plaintiff's motions is VACATED; plaintiff's 167 request for extension of time to complete Cleariana Leubner s deposition is DENIED; plaintiff's 167 motion to compel deposition of Cleariana Leubner is DENIED; 164 plaintiff's request to extend the non-expert discovery deadline is DENIED; plaintiff's 167 motion to deem admitted Requests for Admissions served on Donna Dones is DENIED and RECOMMENDING that the 167 Motion for Default Judgment be denied. Objections to these F&Rs due within 14 days; referred to Judge Garland E. Burrell, Jr. (Benson, A.)
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Filing
163
ORDER signed by Magistrate Judge John F. Moulds on 1/18/2012 GRANTING in part, DENYING in part the 162 Request for Immediate Telephonic Conference. The Request for a telephonic conference is DENIED. The Request for a modification to the scheduling order is GRANTED. Plaintiff's deposition is to be completed by 2/9/2012. (Michel, G)
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Filing
161
ORDER and MODIFIED SCHEDULING ORDER signed by Judge Garland E. Burrell, Jr. on 11/22/2011 PARTIALLY GRANTING 154 Motion to Modify the Scheduling Order; VACATING all dates set forth in the 152 Scheduling Order. Non-Expert Discovery shall be comple ted, and all motions pertaining to discovery shall be noticed to be heard by 1/26/2012, Disclosure of Expert Witnesses due by 2/23/2012, Expert Discovery shall be completed by 3/23/2012, Non-Dispositive Law & Motion matters to be filed by 4/10/2012, Dispositive Motions shall be noticed to be heard by 5/3/2012, Pretrial Conference RESET for 7/30/2012 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr., Jury Trial RESET for 10/9/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiff's request for a court-appointed reporter is DENIED. (Michel, G)
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Filing
157
ORDER signed by Magistrate Judge John F. Moulds on 10/03/11 ordering (A Telephonic Status Conference is set for 10/13/2011 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds.) On or before 10/11/11, plaintiff and defense counsel shall contact Jonathan Anderson, courtroom deputy at 916-930-4072 to arrange the teleconference. (Plummer, M)
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Filing
153
ORDER signed by Magistrate Judge John F. Moulds on 8/8/11 ORDERING documents received by the Court on 7/3/11 be RETURNED to plaintiff. (Meuleman, A)
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Filing
152
ORDER signed by Magistrate Judge John F. Moulds on 5/18/2011 GRANTING defendants' Motion to Modify Scheduling Order. All Non-Expert Discovery shall be completed by 11/15/2011. Parties shall exchange list of Expert Witnesses no later than 12/15/2 011. Expert Discovery to be submitted by 1/13/2012. Dispositive Motions shall be noticed to heard by 2/23/2012. Non-Dispositive Law and Motino matters shall to be filed no later than 1/31/2012. Final Pretrial Conference is RE-SET for 5/21/2012 at 2:30 PM and Jury Trial is CONTINUED to 7/31/2012 at 9:00 AM in Courtroom 10 (GEB). (Marciel, M)
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Filing
149
ORDER signed by Magistrate Judge John F. Moulds on 5/5/2011 ORDERING that this matter is set for telephonic hearing at 2:00 p.m. on May 16, 2011. All parties shall contact Jonathan Anderson, Courtroom Deputy, in advance of the hearing to provide a telephone number where they will be at the time set for the hearing.(Duong, D)
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Filing
148
ORDER signed by Magistrate Judge John F. Moulds on 5/2/2011. Plaintiff allowed to review and, at his own expense, to copy dependency files and hearing transcripts in San Joaquin County Superior Court Case No. J104272. The review and copying shall be performed under supervision of Ms. Linda Martinez, Judicial Assistant. Review and copying shall be completed w/in period beginning 5/8/2011 and concluding 5/18/2011. The 9/1/2010 Order of Judge Jose L. Alva (Superior Court of San Joaquin County), whi ch is appended to this Order, is incorporated herein and is applicable to all counsel and other persons involved in this action. In addition to provisions of Order of the San Joaquin County Superior Court, handling of documents referenced shall be governed by Local Rule 141 of this Court. (Marciel, M)
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Filing
142
ORDER signed by Magistrate Judge John F. Moulds on 4/19/11 GRANTING 139 Motion to Continue the hearing re 136 MOTION TO MODIFY Scheduling Order and for Other Relief; The hearing is reset for 4/28/2011 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Matson, R)
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Filing
133
ORDER signed by Magistrate Judge John F. Moulds on 1/20/11 ORDERING that Counel for defendant Thomas Mazerra shall lodge a copy of the juvenile records with chambers within fourteen days from the date of this order. (Mena-Sanchez, L)
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Filing
113
ORDER signed by Magistrate Judge John F. Moulds on 6/28/10 ORDERING the Status Conference RE-SET for 9/23/2010 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Carlos, K)
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Filing
103
ORDER signed by Magistrate Judge John F. Moulds on 5/18/10 ORDERING that Deft's 101 Motion is GRANTED; Status Conference is rescheduled for 6/17/2010 at 11:00 AM in Courtroom 26 (KJM) before Magistrate Judge John F. Moulds. (Owen, K)
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Filing
102
ORDER signed by Magistrate Judge John F. Moulds on 5/11/10 ORDERING pltf's motion for leave to obtain records 92 is DENIED. (Carlos, K)
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Filing
99
ORDER signed by Magistrate Judge John F. Moulds on 05/06/10 DENYING 94 Motion for Default Judgment. (Williams, D)
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Filing
90
ORDER DIRECTING SERVICE signed by Magistrate Judge John F. Moulds on 3/29/10. The Clerk is directed to forward the instructions for service of process, the completed summons, copies of the amended complaint and copies of this order to the USM. Within ten days from the date of this order, the USM is directed to notify defendant Egi of the commencement of this action and to request a waiver of service of summons. The Clerk shall serve upon Plaintiff a copy of the Local Rules of Court. (Mena-Sanchez, L)
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Filing
88
ORDER signed by Magistrate Judge John F. Moulds on 12/15/09 ORDERING the 11/12/09 order to show cause 79 is DISCHARGED; pltf shall obtain one USM-285 form for defendant Egi, one summons and an instruction sheet. Blank USM-285 forms, blank summons, and instruction sheets are available in the office of the Clerk of the Court; within 90 days from the date of this order, pltf shall complete the attached Notice of Submission of Documents and submit the completed Notice to the court with the followi ng documents: a. One completed summons for defendant Egi; b. One completed USM-285 form for defendant Egi and c. Two copies of the endorsed third amended complaint filed July 23, 2009; pltf need not attempt service on defendant and need not request waiver of service; upon receipt of the above-described documents, the court will direct the US Marshal to serve the above-named defendant pursuant to Federal Rule of Civil Procedure 4 without prepayment of costs. (Carlos, K)
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Filing
86
ORDER denying 81 Motion signed by Magistrate Judge John F. Moulds on 12/10/09: The December 2, 2009 answer is deemed timely filed. Defendant Mazzerra's November 23, 2009 request for joinder is denied; defendant Mazzerra shall file an answer within seven days from the date of this order. (Kaminski, H)
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Filing
79
ORDER to SHOW CAUSE signed by Magistrate Judge John F. Moulds on 11/11/2009 ORDERING w/in 30 days from the date of this order, defendant Kenneth Eggie shall show cause why default should not be entered against him for his failure to timely respond to service of process in this action; and the Clerk is to serve a copy of this order on Kenneth Eggie, Child Protective Services, 102 South San Joaquin Street, Stockton, California 95201.(Matson, R)
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