Goins v. Phoenix Police Department et al
| Shana B Goins |
| Phoenix Police Department, Saratoga Ridge Apartments, Unknown Parties, Laura Watson, Unknown Party, Unknown Corun and Conner Richberger |
| 2:2021cv01162 |
| July 6, 2021 |
| US District Court for the District of Arizona |
| Camille D Bibles (PS) |
| Camille D Bibles |
| Douglas L Rayes |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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| Remark: In-state attorneys Brett Meyer, William D Welch and Chris Rogers terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel of record. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 44
ORDER denying #34 Motion to Strike, Motion for Hearing. Signed by Magistrate Judge Camille D Bibles on 8/9/21. (DXD)
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Filing 43
ORDER denying #37 , #39 Motion to Amend Complaint as neither motion is accompanied by a proposed amended complaint. Officer Corun #10588 and Conner Richberger shall be substituted as Defendants in lieu of Unknown Agents of Phoenix Police Department. To the extent Plaintiff's Motions (Doc. #40 , #41 ) seek any relief in the form of acknowledging that Plaintiff has obtained service on or a waiver of service from any defendant, both motions are denied. The Amended Complaint (Doc. #11 )is the operative complaint. Accordingly, The Clerk shall strike the pleadings at Doc. #18 and #30 . Signed by Magistrate Judge Camille D Bibles on 7/26/21. (DXD)
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| Filing 42 *SERVICE EXECUTED filed by Shana B Goins: Certificate of Service (Titled as: Notice of Appearance) upon Tempe City Attorney's Office, Conner Richberger of the Phoenix Police Department, on 7/23/2021. (Goins, Shana B) *Modified to clarify the docket text on 7/26/2021 (MFR). |
| Filing 41 *NOTICE re: Waiver of Service by Shana B Goins. (Goins, Shana B) *Modified from motion to notice on 7/26/2021 (DXD). |
| Filing 40 *NOTICE re: Waiver of Service by Shana B Goins. (Goins, Shana B) *Modified from motion to notice on 7/26/2021 (DXD). |
| Filing 39 *MOTION to Amend/Correct re: #11 Amended Complaint by Shana B Goins. (Goins, Shana B) *Modified to correct motion type on 7/26/2021 (DXD). |
| Filing 38 *NOTICE re: Substitution by Plaintiff Shana B Goins. (Goins, Shana B) *Modified from supplement to notice on 7/26/2021 (DXD). |
| Filing 37 *MOTION to Amend/Correct re: #11 Amended Complaint by Shana B Goins. (Goins, Shana B) *Modified to correct motion type on 7/26/2021 (DXD). |
| Filing 36 *NOTICE re: Substitution of one or more Actual names by Plaintiff Shana B Goins. (Goins, Shana B) *Modified from supplement to notice on 7/26/2021 (DXD). |
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Filing 35
ORDER denying #13 Notice of Substitution which shall be construed as a Motion seeking to substitute parties; denying at moot #20 , #26 Motions to Strike and #29 Motion. Plaintiff's Application for an Entry of Default (Doc. #25 ) is denied. To the extent Plaintiff's pleadings (Doc. #14 , #31 , #32 , and #33 ) seek relief and/or are intended to ask the Court to acknowledge service on any defendant on whom service is required at this time, any relief sought is denied. Plaintiff is again advised that if she wishes to proceed against the "unknown" defendants she must identify them by their actual names in a properly filed notice of substitution. Plaintiff is further advised that, should she wish to proceed on any claims against the City of Phoenix, the City of Phoenix Police Department, Saratoga Ridge, LLC BP, and/or Wingstop Restaurant LLC, she must file a motion seeking leave to docket and proceed on an amended complaint naming one or more of these entities as a defendant. Signed by Magistrate Judge Camille D Bibles on 7/23/21. (DXD)
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| Filing 34 * MOTION to Strike re: #23 NOTICE re: Substitution HAVE BEEN UPDATED To BE IN COMPLIIANCE WITH LRCiv7.1, #25 AMENDED First MOTION for Entry of Default as to City of Phoenix and all other parties stated in this claim for none compliance with Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing, #28 Second MOTION to Stay to obtain counsel, #29 MOTION to Deny Dismissal of All Claims , Response re: #31 Plaintiff's Request for Waiver of Service and #32 Plaintiff's Certificate of Service, MOTION for Hearing re: Rule 16 Conference by Phoenix Police Department. (Attachments: #1 Text of Proposed Order)(Torrilhon, Victoria). *Modified to correct reference to related documents and to add motion type on 7/26/2021 (MFR). |
| Filing 33 *NOTICE re: Waiver of Service by Plaintiff Shana B Goins. (Goins, Shana B) *Modified from supplement to notice on 7/23/2021 (DXD). |
| Filing 32 *NOTICE re: Certificate of Service filed by Shana B Goins. (Goins, Shana B) *Modified from service executed to notice on 7/23/2021 (DXD). |
| Filing 31 *NOTICE re: Waiver of Service by Plaintiff Shana B Goins. (Goins, Shana B) *Modified from supplement to notice on 7/23/2021 (DXD). |
| Filing 30 **STRICKEN per Order (Doc. #43 )** Third AMENDED COMPLAINT against Defendants filed by Shana B Goins. (Goins, Shana B) *Modified text on 7/23/2021 (DXD). Modified on 7/27/2021 (DXD). |
| Filing 29 *MOTION to Deny Dismissal of All Claims filed by Shana B Goins. (Goins, Shana B) *Modified from response to motion on 7/22/2021 (DXD). |
| Filing 28 *Second MOTION to Stay to obtain counsel by Shana B Goins. (Goins, Shana B) *Modified to remove motion part on 7/22/2021 (DXD). |
| Filing 27 RESPONSE to Motion re: #26 First MOTION to Strike re: #13 Notice re: Substitution This is a motion o Object their motion to strike for all deficiencies have been met filed by Shana B Goins. (Goins, Shana B) *Modified linkage on 7/22/2021 (DXD). |
| Filing 26 *First MOTION to Strike #13 Notice re: Substitution by Saratoga Ridge Apartments, Saratoga Ridge LLC. (Attachments: #1 Motion to Strike)(Drickey-Prohow, Judy) *Modified to remove ex parte/ linkage on 7/22/2021 (DXD). |
| Filing 25 AMENDED First MOTION for Entry of Default as to City of Phoenix and all other parties stated in this claim for none compliance with Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing by Shana B Goins. (Goins, Shana B) |
| Filing 24 NOTICE TO FILER OF DEFICIENCY re: #21 Notice of Errata, #23 Notice. Document not in compliance with LRCiv 7.1 - Please note for future filings; information that must be stated upon the first page of every document and may be presented for filing to include: filer contact information, title of the Court, title of the action, captioned parties and case number. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 23 *NOTICE re: Substitution HAVE BEEN UPDATED To BE IN COMPLIIANCE WITH LRCiv7.1 filed by Shana B Goins. (Attachments: #1 Supplement Notice of Substitution) (Goins, Shana B) *Modified from response to notice on 7/20/2021 (DXD). |
| Filing 22 RESPONSE to Motion re: #17 MOTION for Order MOTION to Stay filed by Phoenix Police Department, Unknown Parties(Unknown Named Agents of Phoenix Police Department). (Attachments: #1 Text of Proposed Order Proposed Order)(Torrilhon, Victoria) |
| Filing 21 *NOTICE of Errata by Plaintiff Shana B Goins. (Goins, Shana B) *Modified from response to notice on 7/20/2021 (DXD). |
| Filing 20 MOTION to Strike #13 Application for Entry of Default, #15 Notice of Errata, #16 Notice of Errata by Phoenix Police Department, Unknown Parties(Unknown Named Agents of Phoenix Police Department). (Torrilhon, Victoria) |
| Filing 19 NOTICE TO FILER OF DEFICIENCY re: #13 Notice, #14 Supplement, #15 Notice of Errata, #16 Notice of Errata. Document not in compliance with LRCiv 7.1(a) - Please note for future filings; information that must be stated upon the first page of every document and may be presented for filing to include: filer contact information, title of the Court, title of the action, captioned parties and case number. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 16 NOTICE of Errata by Plaintiff Shana B Goins.. (Goins, Shana B) |
| Filing 15 NOTICE of Errata by Plaintiff Shana B Goins.. (Goins, Shana B) |
| Filing 14 SUPPLEMENT Waiver of Service by Plaintiff Shana B Goins. (Goins, Shana B) |
| Filing 13 *NOTICE re: Substitution of Parties Notice of Substitution by Plaintiff Shana B Goins. (Goins, Shana B) *Modified to correct from application to notice on 7/19/2021 (DXD). |
| Filing 18 **STRICKEN per Order (Doc. #43 )** Seond AMENDED COMPLAINT against Unknown Parties, Unknown Party, Unknown Party, Saratoga Ridge LLC, Unknown Parties filed by Shana B Goins. (DXD) Modified on 7/27/2021 (DXD). |
| Filing 17 MOTION for Order, MOTION to Stay by Shana B Goins. (DXD). *Modified to add motion on 7/19/2021 (DXD). |
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Filing 12
ORDER denying as moot #6 Motion for Extension of Time to Answer and #9 Motion to Dismiss. Plaintiff's Request (Doc. #7 ) is granted and Motion to Allow Electronic Filings (Doc. #8 ) is granted in this case only. Plaintiff must serve Defendant Watson with the Amended Complaint or seek a waiver of service for Defendant Watson. Within 120 days from the filing date of this Order, Plaintiff must file a "Notice of Substitution," substituting one or more of the fictitiously named Defendants' actual names. This matter is referred to Magistrate Judge Camille D. Bibles pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings. This matter is assigned to the standard track pursuant to Rule 16.2(b)(3) of the Local Rules of Civil Procedure. Signed by Judge Douglas L Rayes on 7/16/21. (DXD)
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| Filing 11 AMENDED COMPLAINT against Defendants filed by Shana B Goins.(DXD) |
| Filing 8 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Shana B Goins. (BAS) (Additional attachment(s) added on 8/6/2021: #1 missing pg) (BAS). |
| Filing 7 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Shana B Goins. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) |
| Filing 6 MOTION for Extension of Time to File Answer by Phoenix Police Department. (Attachments: #1 Text of Proposed Order)(Torrilhon, Victoria) |
| Filing 10 RESPONSE to Motion re: #9 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Shana B Goins. NOTE: Filed in State Court on 6/10/21 and docketed in District Court pursuant to #5 Notice. (MHW) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Saratoga Ridge Apartments. NOTE: Filed in State Court on 6/7/2021 and docketed in District Court pursuant to #5 Notice (MHW) |
| Filing 5 NOTICE re: of Pending Motion by Phoenix Police Department re: 3 Notice of Deficiency (Text Only) . (Torrilhon, Victoria) |
| Filing 4 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (DLC) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Phoenix Police Department. Document not in compliance with LRCiv 3.6(d). FOLLOW-UP ACTION REQUIRED: Please file a "Notice" of Pending Motion(s). Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) |
| Filing 2 NOTICE OF ASSIGNMENT (DLC) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-008586. Filing fee received: $ 402.00, receipt number 0970-19634573 filed by Phoenix Police Department. (Torrilhon, Victoria) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Coversheet, #3 Exhibit 1 part 1, #4 Exhibit 1 part 2, #5 Exhibit 2)(DLC) |
| ***STATE COURT RECORD RECEIVED*** SERVICE EXECUTED: Certified Mail Receipt upon Phoenix Police Department and Saratoga Ridge Apartments. (Original filed in Maricopa County Superior Court on 6/8/2021). (DLC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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