Hendrix v. City of San Diego et al
Mya Hendrix |
Roxanne Cahill, Laura Orozco, San Diego Police Department Police Chief David Nisleit, Toneth Davis, Sue Marvin, DOES 4 to 50, City of San Diego and David Nisleit |
Roes 1 to 50, Francisco Aranda, Michael Pedraza, Cesar Alvarado and Britney Canale |
3:2020cv00045 |
January 7, 2020 |
US District Court for the Southern District of California |
Anthony J Battaglia |
Todd W Robinson |
Nita L Stormes |
Civil Rights: Other |
28 U.S.C. § 1441 cv |
Plaintiff |
Docket Report
This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.
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Filing 62 NOTICE OF UNAVAILABILITY OF COUNSEL by Mya Hendrix (Bagosy, Jennifer) (sxa). |
Filing 61 ORDER Setting Hearing For Defendants' Motions to Dismiss. (ECF Nos. #7 , #39 ) Motion Hearings set for 6/21/2021 at 01:30 PM before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 4/16/21.(sxa) |
Filing 60 ORDER Granting #38 Ex Parte Application of Defendants Marvin, Davis, Orozco, Cahill and Nisleit to File and Oversized Brief in Support of Their Motion to Dismiss. Signed by Judge Todd W. Robinson on 3/31/21. (sxa) |
Filing 59 ORDER OF TRANSFER. Judge Anthony J. Battaglia is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. All conferences or hearing dates now set before Judge Battaglia are hereby vacated and will be rescheduled on the calendar of Judge Robinson. Any dates set before any magistrate judge remain unchanged. The new case number is 3:20-cv-00045-TWR-NLS. Signed by Judge Anthony J. Battaglia on 10/6/2020.(jrm) Modified docket text; NEF regenerated on 10/16/2020 (jrm). |
Filing 58 ORDER BY JUDGE BATTAGLIA, Motions Submitted #47 MOTION to Strike #39 MOTION to Dismiss Plaintiff's First Amended Complaint. These motions are suitable for determination on the papers and without need for oral argument pursuant to CivLR 7.1.d.1. Accordingly, no appearances are required and these motions are deemed submitted as of this date. (no document attached) (sc) |
Filing 57 REPLY to Response to Motion re #47 MOTION to Strike #39 MOTION to Dismiss Plaintiff's First Amended Complaint Extrinsic Evidence Attached filed by Mya Hendrix. (Bagosy, Jennifer) (jrm). |
Filing 56 CERTIFICATE OF SERVICE by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco re #53 Reply to Response to Motion, (Plotkin-Wolff, Stacy) (jpp). |
Filing 55 CERTIFICATE OF SERVICE by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco re #54 Response in Opposition to Motion, (Plotkin-Wolff, Stacy) (jpp). |
Filing 54 RESPONSE in Opposition re #47 MOTION to Strike #39 MOTION to Dismiss Plaintiff's First Amended Complaint Extrinsic Evidence Attached filed by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco. (Attachments: #1 Declaration, #2 Exhibit One, #3 Exhibit Two, #4 Proof of Service)(Plotkin-Wolff, Stacy)(jrm). |
Filing 53 REPLY to Response to Motion re #39 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco. (Attachments: #1 Declaration, #2 Exhibit Exhibit 1 to Declaration, #3 Request for Judicial Notice, #4 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 52 ORDER Granting Joint Ex Parte Application for Extension of Time for Defendants to File Their Reply Regarding Their Motion to Dismiss; and to File Their Opposition to Plaintiff's Motion to Strike. Defendants Sue Marvin, Toneth Davis, Laura Orozco, Roxanne Cahill and David Nisleit will be given additional time the opposition to Plaintiff's motion to strike and to file their reply brief regarding their motion to strike up to, and including, 7/30/2020. Until that time expires, no default will be entered against them. Signed by Judge Anthony J. Battaglia on 7/16/2020. (jrm) |
Filing 51 CERTIFICATE OF SERVICE by Roxanne Cahill, City of San Diego, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco Re: Joint Ex Parte Application for Extension of Time (Plotkin-Wolff, Stacy) (jrm). |
Filing 50 Joint MOTION for Extension of Time to File Response/Reply as to #47 MOTION to Strike #39 MOTION to Dismiss Plaintiff's First Amended Complaint Extrinsic Evidence Attached, #49 Response in Opposition to Motion, by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco. (Attachments: #1 Declaration of Stacy J. Plotkin-Wolff, #2 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 49 RESPONSE in Opposition re #39 MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant To Federal Rule Of Civil Procedure 8 And 12 filed by Mya Hendrix. (Attachments: #1 Declaration Of Jennifer R. Bagosy, #2 Request for Judicial Notice, #3 Exhibit A to RJN, #4 Exhibit B to RJN, #5 Exhibit C to RJN, #6 Exhibit D to RJN, #7 Exhibit E to RJN)(Bagosy, Jennifer)(jrm). |
Filing 48 ORDER Setting Briefing Schedule re #47 MOTION to Strike #39 MOTION to Dismiss Plaintiff's First Amended Complaint Extrinsic Evidence Attached : Responses due by 7/14/2020; Replies due by 7/21/2020; sur-replies will not be accepted.(no document attached) (sc) |
Filing 47 MOTION to Strike #39 MOTION to Dismiss Plaintiff's First Amended Complaint Extrinsic Evidence Attached by Mya Hendrix. (Attachments: #1 Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Motion To Strike Extrinsic Evidence Attached To Individual Defendants Motion To Dismiss And Individual Defendants Arguments Thereon, #2 Exhibit A to Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Motion To Strike Extrinsic Evidence Attached To Individual Defendants Motion To Dismiss And Individual Defendants Arguments Thereon, #3 Exhibit B to Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Motion To Strike Extrinsic Evidence Attached To Individual Defendants Motion To Dismiss And Individual Defendants Arguments Thereon, #4 Exhibit C to Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Motion To Strike Extrinsic Evidence Attached To Individual Defendants Motion To Dismiss And Individual Defendants Arguments Thereon)(Bagosy, Jennifer) (jrm). |
Filing 46 ORDER granting Joint Motion for Extension of Page Limit. Signed by Judge Anthony J. Battaglia on 6/22/2020. (jrm) |
Filing 45 Joint MOTION for Leave to File Excess Pages Opposition Brief In Response To Individual Defendants Motion To Dismiss by Mya Hendrix. (Bagosy, Jennifer) (jrm). |
Filing 44 ORDER Granting Extension of the Briefing Schedule (Doc. No. #43 ). Responses due by 6/30/2020 Replies due by 7/15/2020. Motion Hearing set for 8/20/2020 02:00 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 6/12/2020. (jrm) |
Filing 43 Joint MOTION FOR MODIFICATION OF BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS AND MOTION TO STRIKE re 40 Order Setting Briefing Schedule, #39 MOTION to Dismiss Plaintiff's First Amended Complaint by Mya Hendrix. (Attachments: #1 PROPOSED ORDER)(Bagosy, Jennifer) QC mailer sent re proposed order(jrm). |
Filing 42 CERTIFICATE OF SERVICE by Roxanne Cahill, City of San Diego, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco re #39 MOTION to Dismiss Plaintiff's First Amended Complaint (Plotkin-Wolff, Stacy) (jrm). |
Filing 41 CERTIFICATE OF SERVICE by Roxanne Cahill, City of San Diego, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco re #38 Ex Parte MOTION To File Oversized Opening Brief in Support of Motion to Dismiss (Plotkin-Wolff, Stacy) (jrm). |
Filing 40 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #39 MOTION to Dismiss Plaintiff's First Amended Complaint : Responses due by 6/15/2020; Replies due by 6/22/2020; sur-replies will not be accepted.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) |
Filing 39 MOTION to Dismiss Plaintiff's First Amended Complaint by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 38 Ex Parte MOTION To File Oversized Opening Brief in Support of Motion to Dismiss by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit, Laura Orozco. (Attachments: #1 Declaration, #2 Proof of Service)(Plotkin-Wolff, Stacy)Attorney Stacy Jo Plotkin-Wolff added to party Laura Orozco (pty:dft) (jrm). |
Filing 37 CERTIFICATE OF SERVICE by City of San Diego re #35 Joint MOTION for Extension of Time to File Responsive Pleading, #36 Order on Motion for Extension of Time to File, Responsive Pleading (Plotkin-Wolff, Stacy) QC mailer sent re signature (jrm). |
Filing 36 ORDER Granting Joint Motion for Extension of Time to File Responsive Pleadings. It is ordered that Defendants Sue Marvin, Toneth Davis, Roxanne Cahill and David Nisleit are given additional time to file a responsive pleading to Plaintiff's Complaint up to, and including, 6/1/2020. Until that time expires, no default will be entered against them. Signed by Judge Anthony J. Battaglia on 5/13/2020. (jrm) |
Filing 35 Joint MOTION for Extension of Time to File Responsive Pleading by Roxanne Cahill, Toneth Davis, Sue Marvin, David Nisleit. (Attachments: #1 Declaration of Stacy J. Plotkin-Wolff, #2 Proof of Service)(Plotkin-Wolff, Stacy)Attorney Stacy Jo Plotkin-Wolff added to party Roxanne Cahill (pty:dft), Attorney Stacy Jo Plotkin-Wolff added to party Toneth Davis(pty:dft), Attorney Stacy Jo Plotkin-Wolff added to party Sue Marvin(pty:dft) (jrm). |
Filing 34 SUMMONS Returned Executed by Mya Hendrix. David Nisleit served. (Bagosy, Jennifer) (jrm). |
Filing 33 ORDER BY JUDGE BATTAGLIA, Motions Submitted #10 MOTION to Strike #1 Notice of Removal, Portions of Plaintiff's First Amended Complaint, #7 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 8 and 12. These motions are suitable for determination on the record and without need for oral argument pursuant to CivLR 7.1.d.1. Accordingly, the motions are determined submitted as of this date and appearances are not required. (no document attached) (sc) |
Filing 32 WAIVER OF SERVICE Returned Executed by Mya Hendrix, as to Laura Orozco. (Bagosy, Jennifer)(jrm). |
Filing 31 SUMMONS Returned Executed by Mya Hendrix. Sue Marvin served. (Bagosy, Jennifer) (jrm). |
Filing 30 SUMMONS Returned Executed by Mya Hendrix. Roxanne Cahill served. (Bagosy, Jennifer) (jrm). |
Filing 29 SUMMONS Returned Executed by Mya Hendrix. Toneth Davis served. (Bagosy, Jennifer) (jrm). |
Filing 28 CERTIFICATE OF SERVICE by City of San Diego re #27 Response in Opposition to Motion, to Strike (Plotkin-Wolff, Stacy) (jrm). |
Filing 27 RESPONSE in Opposition re #25 Ex Parte MOTION to Strike #17 Reply to Response to Motion, New Arguments And Evidence Raised For The First Time filed by City of San Diego. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 26 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #23 Notice (Other), from Plaintiff Mya Hendrix. Non-compliance with local rule(s), Notice of Errata prohibited. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia.(jrm) (Additional attachment(s) added on 5/6/2020: #1 Stricken Document) (jrm). |
Filing 25 Ex Parte MOTION to Strike #17 Reply to Response to Motion, New Arguments And Evidence Raised For The First Time by Mya Hendrix. (Attachments: #1 Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Ex Parte Motion To Strike New Arguments And Evidence Raised For The First Time In Defendant City Of San Diegos Reply In Support Of Its Motion To Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration Of Gabriel Fittipaldi In Support Of Plaintiffs Ex Parte Motion To Strike New Arguments And Evidence Raised For The First Time In Defendant City Of San Diegos Reply In Support Of Its Motion To Dismiss)(Bagosy, Jennifer) (jrm). |
Filing 24 AFFIDAVIT in Opposition re #17 Reply to Response to Motion, Request for Judicial Notice by Mya Hendrix. (Attachments: #1 Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Opposition To Defendant City Of San Diegos Request For Judicial Notice In Support Of Its Motion To Dismiss And Request To Consider Documents Incorporated By Reference Into The Complaint, #2 Exhibit A, #3 Exhibit B)(Bagosy, Jennifer) (jrm). |
Filing 23 **Document Stricken per Order #26 ** NOTICE OF ERRATA TO TITLE AND CAPTION by Mya Hendrix re #22 Response in Opposition to Motion, (Bagosy, Jennifer) (jrm). Modified to strike on 5/6/2020 (jrm). (Main Document 23 replaced on 5/6/2020) (jrm). |
Filing 22 RESPONSE in Opposition re #7 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 8 and 12 filed by Mya Hendrix. (Attachments: #1 Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Opposition To Defendant City Of San Diegos Motion To Dismiss Pursuant To Federal Rule Of Civil Procedure 8 And 12, #2 Exhibit A, #3 Exhibit B)(Bagosy, Jennifer) (jrm). |
Filing 21 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #20 Response in Opposition to Motion,, from Plaintiff Mya Hendrix. Non-compliance with local rule(s), Civ.L. Rule 7.1 - Missing table of contents and/or table of authorities; ECF 2(a), (g) - Docket entry does not accurately reflect the document(s) file; Judge Battaglia Chamber Rules Sections II. A. and II. E.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia.(jrm) (Main Document 21 replaced; NEF regenerated on 4/29/2020) (jrm). (Additional attachment(s) added on 4/29/2020: #1 Stricken Document) (jrm). |
Filing 20 **Document Stricken per Order #21 ** RESPONSE in Opposition re #7 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 8 and 12 filed by Mya Hendrix. (Attachments: # 1 Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Opposition To Defendant City Of San Diegos Motion To Dismiss Pursuant To Federal Rule Of Civil Procedure 8 And 12, # 2 Exhibit A, # 3 Exhibit B)(Bagosy, Jennifer) (jrm). Modified to strike on 4/29/2020 (jrm). (Main Document 20 replaced on 4/29/2020) (jrm). |
Filing 19 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrm) |
Filing 18 REPLY to Response to Motion re #10 MOTION to Strike #1 Notice of Removal,, Portions of Plaintiff's First Amended Complaint filed by City of San Diego. (Attachments: #1 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 17 REPLY to Response to Motion re #7 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 8 and 12 filed by City of San Diego. (Attachments: #1 Declaration, #2 Request for Judicial Notice, #3 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 16 REQUEST FOR JUDICIAL NOTICE by Mya Hendrix re #15 Response in Opposition to Motion, #14 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bagosy, Jennifer) (jrm). |
Filing 15 RESPONSE in Opposition re #7 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 8 and 12 filed by Mya Hendrix. (Attachments: #1 Declaration Of Jennifer R. Bagosy In Support Of Plaintiffs Opposition To Defendant City Of San Diegos Motion To Dismiss Pursuant To Federal Rule Of Civil Procedure 8 And 12)(Bagosy, Jennifer) (jrm). |
Filing 14 RESPONSE in Opposition re #10 MOTION to Strike #1 Notice of Removal, Portions of Plaintiff's First Amended Complaint filed by Mya Hendrix. (Bagosy, Jennifer) (jrm). |
Filing 13 ORDER Granting Joint Motion for Modification of Briefing Schedule on Defendant's Motion to Dismiss and Motion to Strike. Plaintiff is given additional time to file responses to Defendant's Motion to Dismiss and Motion to Strike up to, and including, 3/30/2020 (previously due on 3/16/2020) and Defendant's reply briefs will be due on 4/10/2020 (previously due on 3/23/2020). Signed by Judge Anthony J. Battaglia on 3/13/2020. (jrm) |
Filing 12 NOTICE of Unavailability of Counsel by City of San Diego (Attachments: #1 Proof of Service)(Plotkin-Wolff, Stacy)(jrm). |
Filing 11 Joint MOTION for Order Modification Of Briefing Schedule On Defendant's Motion To Dismiss And Motion To Strike by Mya Hendrix. (Bagosy, Jennifer) (jrm). |
Filing 10 MOTION to Strike #1 Notice of Removal,, Portions of Plaintiff's First Amended Complaint by City of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 9 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #7 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 8 and 12 #10 Motion to Strike: Responses due by 3/16/2020; Replies due by 3/23/2020; sur-replies will not be accepted.(no document attached) (sc) Modified on 3/3/2020 (sc). |
Filing 8 ORDER finding as moot #6 Motion for Extension of Time to File in light of the motion to dismiss. (no document attached) (sc) |
Filing 7 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 8 and 12 by City of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Plotkin-Wolff, Stacy) (jrm). |
Filing 6 Joint MOTION for Extension of Time to File Responsive Pleadings by City of San Diego. (Attachments: #1 Declaration of Stacy Plotkin-Wolff, #2 Proof of Service)(Plotkin-Wolff, Stacy)(jrm). |
Filing 5 CERTIFICATE OF SERVICE by City of San Diego re #4 Order on Motion for Extension of Time to File, (Plotkin-Wolff, Stacy) (mme). |
Filing 4 ORDER Granting Joint Motion for Extension of Time to File Responsive Pleadings. It is ordered that Defendant shall be given additional time to file a responsive pleading to Plaintiff's Complaint up to, and including, 2/28/2020. Until that time expires, no default will be entered against them. Signed by Judge Anthony J. Battaglia on 1/27/2020. (jrm) |
Filing 3 Joint MOTION for Extension of Time to File Responsive Pleading by City of San Diego. (Attachments: #1 Declaration of Stacy Plotkin-Wolff, #2 Proof of Service)(Plotkin-Wolff, Stacy)(jrm). |
Filing 2 CERTIFICATE OF SERVICE by City of San Diego re #1 Notice of Removal,, (Plotkin-Wolff, Stacy) (jrm). |
Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2019-00002275-CUPO-. ( Filing fee $ 400 receipt number 0974-13338400.), filed by City of San Diego, San Diego Police Department Police Chief David Nisleit. (Attachments: #1 Civil Cover Sheet, #2 Proof of Service, #3 Exhibit 1)The new case number is 3:20-cv-00045-AJB-NLS. Judge Anthony J. Battaglia and Magistrate Judge Nita L. Stormes are assigned to the case.(vxc) (sjt). |
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