Morton R. Mazaheri v. Tamara Pederson et al
| M.D. Morton R Mazaheri |
| Shrin Karimi, Zahra Taheri, Jeff Ramos, DOES One through 100, inclusive, Ruby Persad, Cal. Medical Board, Hamid Voudjoudifard, Tamara Pederson, Nazila Jarrahian, Nasrin Saffary, Farideh Ganji, Banafshe R Violet, Lili Raseki, Mohammed Jahanguir, Gena Ardalan, Ozzie Cefat and Sherry Hope |
| Genaro Lara |
| 2:2008cv02508 |
| April 16, 2008 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Audrey B Collins |
| Victor B Kenton |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on October 29, 2012. A more recent docket listing may be available from PACER.
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| Filing 138 BILL OF COSTS. Costs Taxed in amount of $ 2260.17 in favor of Tamara Pederson, et al. and against Plaintiff, Morton Mazaheri. RE: #134 (mb) |
Filing 136
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY by Judge Audrey B. Collins granting #135 Request to Substitute Attorney: Notice is hereby given that, subject to approval by the court, Morton R. Mazaheri, substituting as Pro Per, in place of John Martin, Kathy McCormick. The substitution of attorney is hereby approved and so ORDERED. (bm)
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| Filing 137 OPPOSITION TO NOTICE OF APPLICATION TO THE CLERK TO TAX COSTS BY DEFENDANT RAMOS re: APPLICATION to the Clerk to Tax Costs against Plaintiff Morton R Mazaheri #134 filed by Plaintiff Morton R Mazaheri. (bm) |
| Filing 135 REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY filed by plaintiff Morton R Mazaheri: Plaintiff hereby requests the Court approve the substitution of Morton R. Mazaheri, pro per, as attorney of record instead of John Martin. Lodged order. (bm) |
| Filing 134 APPLICATION to the Clerk to Tax Costs against Plaintiff Morton R Mazaheri filed by Defendant Jeff Ramos. Application set for hearing on 10/25/2012 at 10:00 AM before Clerk of Court. (Attachments: #1 Attachment - Bill of Costs)(Eskue, Daniel) |
| Filing 133 JUDGMENT in favor of Defendant Jeff Ramos by Judge Audrey B. Collins, HEREBY ORDERS AND DECREES: 1. Judgment is granted to Defendant, Jeff Ramos, and against Plaintiff, Morton R. Mazaheri, M.D., on the First Amended Complaint (hereafter FAC), on the grounds that no disputed issues of material fact exist that create any triable issue of fact as framed by the FAC, and Defendant, Jeff Ramos, is entitled to, and is hereby granted, judgment in his favor as a matter of law. 2. Defendant, Jeff Ramos is entitled to, and is hereby granted, recovery of his costs of suit, against Plaintiff Morton R. Mazaheri, M.D., according to proof. 3. The court reserves jurisdiction to entertain a motion for recovery of attorneys' fees, or any other post-judgment motion. Related to: Order, #132 (MD JS-6, Case Terminated). (lw) |
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Filing 132
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by Judge Audrey B. Collins, Pending before the Court is Defendant Jeff Ramos's (Defendant or Ramos) Motion for Summary Judgment (Motion), filed on August 1, 2012. Plaintiff Morton Mazaheri (Plaintiff) filed an Opposition on September 7, 2012, and Plaintiff filed a Reply on July 23, 2012. The Court heard oral argument on October 1, 2012....the Court GRANTS Defendant Jeff Ramos's Motion for Summary Judgment in its entirety. All of Plaintiff's remaining claims against Ramos are DISMISSED WITH PREJUDICE. Concurrent with this Order, the Court will adopt and issue Defendants Proposed Final Judgment. re Order on Motion for Summary Judgment, Motion Hearing,, #131 , MOTION for Summary Judgment as to MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT #121 (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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| Filing 131 MINUTES: MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT #121 : Matter called. Counsel are present. Court tentative order given. Counsel for both parties submit on tentative. The Court signs order in open Court, which grants the above motion IT IS SO ORDERED Judge Audrey B. Collins Court Reporter: Katherine Stride. (ir) |
| Filing 130 REPLY SUPPORT MOTION for Summary Judgment as to MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT #121 filed by Defendant Jeff Ramos. (Attachments: #1 Supplement, #2 Supplement, #3 Declaration, #4 Exhibit, #5 Exhibit)(Eskue, Daniel) |
| Filing 129 DECLARATION of Morton Mazaheri in opposition to MOTION for Summary Judgment as to MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT #121 with Proof of Service filed by Plaintiff Morton R Mazaheri. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McCormick, Kathy) |
| Filing 128 STATEMENT of Genuine Issues in Opposition to MOTION for Summary Judgment as to MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT #121 with Proof of Service filed by Plaintiff Morton R Mazaheri. (McCormick, Kathy) |
| Filing 127 DECLARATION of Hamid Taghizadeh in opposition to MOTION for Summary Judgment as to MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT #121 with Proof of Service filed by Plaintiff Morton R Mazaheri. (McCormick, Kathy) |
| Filing 126 MEMORANDUM in Opposition to MOTION for Summary Judgment as to MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT #121 with Proof of Service filed by Plaintiff Morton R Mazaheri. (McCormick, Kathy) |
| Filing 125 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #123 by Clerk of Court. Other: Document is hereby accepted as e-filed. Court will indicate in docket entry the correct document which is a declaration in support of the motion not a motion; counsel to adhere to the rules and procedure of the Court when e-filing; all future documents will be stricken if not e-filed properly. RE: Declaration in support of motion #122 . (bm) |
| Filing 124 Counsel to adhere to the rules and procedures of the Court when submitting mandatory courtesy copies; all mandatory courtesy copies should include the pdf header which indicates the case number, document number, Judge's initials and the date it was e-filed for each document; the notice of electronic filing should be attached to the back of each document; documents 121, 122 with all parts e-filed by Daniel Eskue, Esq. were received, but not submitted properly, future submissions of mandatory courtesy copies that are not submitted correctly will be rejected by A. Bridges, Court Clerk to Chief Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY |
| Filing 123 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration in Support of Motion #122 . The following error(s) was found: Incorrect document is attached to the docket entry. Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Responses/Replies/Other Motion Related Documents-Declaration (Motion related). Other error(s) with document(s): Declaration should be linked back to Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 122 DECLARATION IN SUPPORT OF MOTION for Summary Judgment #121 filed by Defendant Jeff Ramos. Motion set for hearing on 10/1/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Eskue, Daniel) Modified on 8/3/2012 (bm). |
| Filing 121 NOTICE OF MOTION AND MOTION for Summary Judgment as to MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT filed by Defendant Jeff Ramos. Motion set for hearing on 10/1/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Supplement, #2 Declaration, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Proposed Order, #9 Proposed Order)(Eskue, Daniel) |
| Filing 120 MINUTES OF granting in part #118 Motion to Compel; Discovery Hearing held before Magistrate Judge Victor B. Kenton: Plaintiff's counsel will provide responses within 3 business days of the date of this final Order, as to both interrogatories and document production requests. In addition, the Court determines that the requested sanction amount of $890 is reasonable, and sanctions Plaintiff's counsel in that amount. The Court does not have jurisdiction to modify Judge Collins' Scheduling order and, instead, will recommend that Judge Collins favorably consider any application made by Defendant to amend the Scheduling Order so as to allow sufficient time for follow-up discovery after Defendant receives the discovery responses. Court Recorder: C/S. (rh) |
| Filing 119 TENTATIVE DECISION by Magistrate Judge Victor B. Kenton: re: MOTION to Compel BY DEFENDANT JEFF RAMOS TO COMPEL RESPONSES TO WRITTEN DISCOVERY BY PLAINTIFF MORTON MAZAHERI #118 . This Tentative Decision is issued for the assistance of the parties, and may not be cited in any proceeding. No further documents may be filed by either party without the consent of the Court. The Court will not accept submission on the Tentative Decision, and requires counsel for both parties to appear, and in particular, the Court ORDERS that attorney John David Martin will personally appear at the hearing on this matter on June 12, 2012 at 10:00 a.m. Failure by Mr. Martin to personally appear without prior authorization of the Court will be the basis for the imposition of additional financial sanctions against Mr. Martin, personally, in the amount of no less than $2,500. (rh) |
| Filing 118 NOTICE OF MOTION AND MOTION to Compel BY DEFENDANT JEFF RAMOS TO COMPEL RESPONSES TO WRITTEN DISCOVERY BY PLAINTIFF MORTON MAZAHERI filed by Defendant Jeff Ramos. Motion set for hearing on 6/12/2012 at 10:00 AM before Magistrate Judge Victor B. Kenton. (Attachments: #1 Declaration)(Eskue, Daniel) |
| Filing 117 TRANSCRIPT ORDER as to Defendant Jeff Ramos Court Reporter Kathryn Stride. Transcript portion requested: Pre-Trial Proceeding: Status Conf. 1/9/2012. Category: Ordinary. (Eskue, Daniel) |
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Filing 116
MINUTES: Status Conference: The case is called and counsel are present. The Court has read and reviewed the parties Joint Status Report No. 10, filed January 3, 2012 (doc. # 115). The Court conducts a Status Conference. Having heard from counsel the Court sets the following dates: Fact Discovery June 1, 2012; Discovery motion cut-off July 2, 2012; Expert Disclosure July 30, 2012; Expert Discovery August 27, 2012; Dispositive motion September 28, 2012; Rule 16 Settlement cut-off November 5, 2012; Final Pretrial Conference January 7, 2013; Jury Trial (Est 5 days) January 29, 2013 at 8:30 a.m IT IS SO ORDERED by Judge Audrey B. Collins Court Reporter: Katherine Stride. (ir)
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| Filing 115 STATUS REPORT JOINT STATUS REPPORT NO.10 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 114 MINUTES RE: STATUS CONFERENCE AND STATUS REPORT In Chambers Conference held before Judge Audrey B. Collins: As the stay in this case has expired, the Court hereby ORDERS the parties to appear at a status conference on Monday January 9, 2012, at 10:00 a.m. The parties are to file a joint report not later than Tuesday, January 3, 2012, setting forth their positions as to their next steps in this case, describing their settlement efforts to date, and discussing prospects of settlement. IT IS SO ORDERED. Court Reporter: Not Present. (ab) |
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Filing 113
MINUTE ORDER IN CHAMBERS RE: EXPIRATION OF STAY by Judge Audrey B. Collins: On September 6, 2011, the Court issued an Order continuing the stay in this case to November 1, 2011. On November 7, 2011, the parties filed a Joint Report indicating that there was no need to maintain the stay. As such, the stay expired as of November 1, 2011. (bm)
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| Filing 112 STATUS REPORT NO. 9 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 111
MINUTE ORDER (IN CHAMBERS) RE: STATUS REPORT AND ORDER TO MAINTAIN THE STAY by Judge Audrey B. Collins: The Court has reviewed Status Report No. 8, filed by Defendant on August 29, 2011. Therein, Defendant asks the Court to maintain the stay in this case until approximately October 31, 2011, as an accommodation for lead defense counsel's need to take medical leave for surgery. Defendant states that Plaintiff opposes maintaining the stay because another attorney in the Attorney General's Office could handle the case during defense counsel's absence. In light of current defense counsel's familiarity with this case and his medical condition, the Court will maintain the stay until November 1, 2011. Counsel are to file a Joint Report by November 7, 2011. The Court admonishes Plaintiff's new counsel John D. Martin that the Court expects counsel to show professional courtesy at all times. By objecting to defense counsel's reasonable request to maintain the stay and then failing to follow through on completion of the Joint Status Report, new counsel has not begun well with this Court. Failure to follow court orders and Local Rules will result in sanctions. re: Joint Status Report #110 (lw)
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| Filing 110 STATUS REPORT NO. 8 REPORT of Status Report Due 8/29/11 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 109
MINUTE ORDER IN CHAMBERS VACATING DATES by Judge Audrey B. Collins: Due to the stay that has been in place in this case since October 18, 2010, all dates set at the scheduling conference (September 27, 2010) are VACATED. As the Court ordered in its previous minute order, Counsel are to file their next Joint Report by August 29, 2011. (bm)
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Filing 108
MINUTE ORDER IN CHAMBERS re NEXT STATUS REPORT by Judge Audrey B. Collins: The Court has reviewed the parties Joint Report No. 7. In light of the fact that the time to appeal the judgment in the underlying writ proceeding will lapse on or around August 15, 2011, the Court hereby ORDERS that the next status report is due filed no later than August 29, 2011. (bm)
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| Filing 107 STATUS REPORT JOINT REPORT NO. 7 filed by Plaintiff Morton R Mazaheri, Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 106
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Audrey B. Collins granting #104 Request to Substitute Attorney. The Court hereby orders that the request of Morton R. Mazaheri, Plaintiff, to substitute John D. Martin and Kathy J. McCormick, who are Retained Counsel, as attorney of record in place and stead of Genaro Lara. (bm)
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Filing 105
MINUTE ORDER IN CHAMBERS VACATING JUNE 6, 2011 HEARING by Judge Audrey B. Collins: A Motion to Withdraw as Counsel of Record was scheduled for hearing on Monday, June 6, 2011. On June 2, 2011, Plaintiff filed a Request for Approval of Substitution of Attorney. By a separate order, the Court will approve that Request. As such, the Motion set for Monday June 6 is moot. The Court therefore STRIKES the Motion to Withdraw and VACATES the hearing. (bm)
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| Filing 104 REQUEST to Substitute attorney Kathy J McCormick in place of attorney Genaro Lara filed by Plaintiff Morton R Mazaheri. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney)(McCormick, Kathy) |
| Filing 103 NOTICE OF MOTION AND MOTION of Genaro Lara to Withdraw as Attorney filed by plaintiff Genaro Lara. Motion set for hearing on 6/6/2011 at 10:00 AM before Judge Audrey B. Collins. (Lara, Genaro) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 6/3/11, DOCUMENT #105 . Modified on 6/6/2011 (bm). |
| Filing 102 JOINT REPORT NO. 6 REPORT of STATUS filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 101 STATUS REPORT Joint Report No. 5 filed by Plaintiff Morton R Mazaheri, Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 100
MINUTES (IN CHAMBERS) ORDER Striking Motion to Withdraw as Attorney by Judge Audrey B. Collins granting #98 Request to Withdraw: On December 2, 2010, Plaintiff's counsel Genaro Lara filed a Request to Withdraw Motion to Withdraw as Attorney. Therein, counsel explains that the dispute between himself and Plaintiff has been resolved, rendering his Motion to Withdraw moot. The Court GRANTS the request and hereby STRIKES the Motion to Withdraw and VACATES the hearing set for December 6, 2010. The Court reminds the parties of their obligation to file joint status reports every 90 days. See Minute Order, October 18, 2010, docket number 93. (bm)
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| Filing 99 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Withdraw Motion #98 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Request. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging, with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 98 REQUEST to Withdraw MOTION of Genaro Lara to Withdraw as Attorney #96 filed by plaintiff Morton R Mazaheri. Request set for hearing on 12/6/2010 at 10:00 AM before Judge Audrey B. Collins. (Lara, Genaro) |
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Filing 97
MINUTE ORDER IN CHAMBERS Re: Order To Show Cause by Judge Audrey B. Collins: For the reasons discussed above, the Court's order to show cause is hereby DISCHARGED, except that Mr. Lara is hereby SANCTIONED in the amount of $300 to be paid within 10 days. (see document for further details) (bm)
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| Filing 96 NOTICE OF MOTION AND MOTION of Genaro Lara to Withdraw as Attorney filed by Genaro Lara Genaro Lara. Motion set for hearing on 12/6/2010 at 10:00 AM before Judge Audrey B. Collins. (Lara, Genaro) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 12/3/10, DOCUMENT #100 *** Modified on 12/3/2010 (bm). |
| Filing 95 DECLARATION re Order on Motion to Amend/Correct,, #93 filed by Movant Genaro Lara. (Lara, Genaro) |
| Filing 94 REPLY RE:OSC RE: SANCTIONS DECLARATION OF DANIEL G. ESKUE RE: OSC RE: SANCTIONS (Minute Order of October 18, 2010) filed by Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 93
MINUTES (IN CHAMBERS) Order To Show Cause, Order Denying Motion For Leave to Amend, and Order Staying Case by Judge Audrey B. Collins denying #84 Motion for Leave to Amend, re Stipulation to stay this case #91 : For the reasons discussed above, the Court hereby ORDERS counsel to show cause no later than October 20, 2010 why they should not be personally sanctioned in an amount of up to $1,000 each, DENIES the motion for leave to amend, and STAYS the case. (see document for further details) (bm)
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| Filing 92 REPLY in support of motion MOTION to AMEND Complaint #84 filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| Filing 91 JOINT REPORT NO. 4,STIPULATION, MUTUAL REQUEST TO REINSTATE STAY PENDING COMPLETION OF STATE JUDICIAL PROCEEDINGS; PROPOSED ORDER REPORT of REPORT NO. 4,REQUEST TO REINSTATE STAY filed by Defendant Jeff Ramos. (Attachments: #1 Proposed Order)(Eskue, Daniel) |
| Filing 90 OPPOSITION In Opposition re: MOTION to AMEND Complaint #84 OPPOSITION TO MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 89
ORDER by Judge Audrey B. Collins: The matter coming before the court pursuant to signed stipulation between the parties, good cause appearing, IT IS HEREBY ORDERED, that motion for leave to file Second Amended Complaint filed by Plaintiff on September 29, 2010, and set for hearing for October 25, 2010, at 10:00 a.m., be and is hereby set for hearing on November 1, 2010, at 10:00 a.m. in Courtroom 680, Roybal Building, U.S. District Court for the Central District. (bm)
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| Filing 86 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Amend Complaint #84 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 85 STIPULATION to Continue Hearing Date from 10/25/2010 to 11/1/2010 Re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,, #83 filed by plaintiff Morton R Mazaheri. (Attachments: #1 Proposed Order)(Lara, Genaro) |
| Filing 84 NOTICE OF MOTION AND MOTION to AMEND Complaint Genaro Lara. Motion set for hearing on 10/25/2010 at 10:00 AM before Judge Audrey B. Collins. (Lara, Genaro) |
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Filing 83
MINUTE ORDER IN CHAMBERS re BRIEFING SCHEDULE FOR MOTION FOR LEAVE TO AMEND by Judge Audrey B. Collins: Accordingly, and notwithstanding any contrary statement made by the Court during the scheduling conference, the Court hereby ORDERS that Plaintiff must file his motion for leave to amend (with a correctly noticed hearing date) no later than September 30, 2010. The Court also questioned the parties during the scheduling conference as to whether the Court had previously established a deadline to amend the pleadings to add parties or claims. It does not appear that such a deadline was previously established. The Court hereby sets September 30, 2010 as the deadline for amending the pleadings to add parties or claims. (see document for further details) (bm)
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Filing 88
CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins, re Scheduling Conference RE: #87 . (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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| Filing 87 MINUTES OF Scheduling Conference held before Judge Audrey B. Collins, Court sets the following dates: Discovery cut-off: 3/30/2011. Law and Motion cut-off: 5/27/2011. Motion hearing to be set for 6/27/2011 at 10:00 AM. Final Pretrial Conference set for 8/8/2011 at 10:00 AM; Jury Trial (Estimate 5 days) set for 9/13/2011 at 8:30 AM; Expert Discovery: 4/15/2011; Rebuttal Expert Discovery: 5/15/2011. The Court orders parties exempt from the ADR Program. Parties ordered to Magistrate Judge Settlement Procedure. Court Reporter: Katherine Stride. (lw) |
| Filing 82 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES in Electronically filed documents: The document is stricken and counsel is ordered to file an amended or corrected document by 9/30/10. Motion is untimely, please adhere to the rules of the Court when establishing you motion hearing date and refer to the Judge's motion calendar on the Court's web site, this motion date is closed RE: MOTION for Leave to file Amended Complaint #79 (ir) |
| Filing 81 JOINT ADR PROGRAM QUESTIONNAIRE filed by Movant Genaro Lara.(Lara, Genaro) |
| Filing 80 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Leave to File Amended Complaint #79 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 79 NOTICE OF MOTION AND Second MOTION for Leave to file Amended Complaint filed by plaintiff Morton R Mazaheri. Motion set for hearing on 10/4/2010 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Lara, Genaro) **STRICKEN PURSUANT TO RESPONSE BY THE COURT FILED 9/24/10** Modified on 9/24/2010 (ir). |
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Filing 78
MINUTE: (IN CHAMBERS) SCHEDULING CONFERENCE: On the Court's own motion, the above matter, noticed for hearing on September 27, 2010 at 10:00 a.m., is hereby changed to September 27, 2010 at 1:30 p.m. Counsel of record to appear on date and new time specified IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
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Filing 77
MINUTE ORDER IN CHAMBERS: ORDER DISMISSING CLAIMS AGAINST DEFENDANT TAMARA PEDERSEN by Judge Audrey B. Collins: On August 20, the Court ordered Plaintiff show cause why it should not strike the proof of service filed on April 20, and why the claims against Defendant Tamara Pedersen should not be dismissed with prejudice. (Docket #71.). The Court received a response from Plaintiff. (Docket #73.)re: Minutes of In Chambers Order/Directive #71 , Response #73 . The Court hereby DISMISSES without prejudice the claims against Defendant Tamara Pedersen under Fed. R. Civ. P. 4(m) and 41(b). (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
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| Filing 76 DECLARATION of Genaro Lara re Minutes of In Chambers Order/Directive - no proceeding held,,,, #74 filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| Filing 75 ANSWER to Amended Complaint, #42 JURY DEMAND. ANSWER OF DEFENDANT JEFF RAMOS TO FIRST AMENDED COMPLAINT/DEMAND FO JURY TRIAL filed by Defendant Jeff Ramos.(Eskue, Daniel) |
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Filing 74
MINUTE: Re: Order To Show Cause (In Chambers): On August 20, 2010, the Court ordered Plaintiff show cause why it should not strike the proof of service filed on April 20, 2010 and why the claims against Defendant Pedersen should not be dismissed with prejudice. #71 . The Court has now received that response from Plaintiff #73 . The response indicates that Plaintiff has no objection to striking the proof of service filed on April 20, 2010. (Docket # 73 at 1.) Accordingly, the Court hereby STRIKES the proof of service at docket #54 . With respect to whether the claims against Defendant Pedersen should be dismissed with prejudice, Plaintiff states, inter alia, that Defendant Pedersen has been located in Sacramento and will be served within the next few days. (See Docket # 73 at 4, Ex. B.) Plaintiff is hereby ORDERED to file any corresponding proof of service no later than September 3, 2010. The Court expresses no opinion atthis time whether it will discharge the order to show cause or dismiss the claims against Defendant Pedersen with prejudice IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
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| Filing 73 RESPONSE filed by Plaintiff Morton R Mazaherito Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,, #71 (Lara, Genaro) |
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Filing 72
MINUTE ORDER IN CHAMBERS Setting Scheduling Conference by Judge Audrey B. Collins: On August 10, 2010, the Court largely denied Defendant Ramos's motion to dismiss the First Amended Complaint. (Docket # 64.) The Court has now received a joint report from Plaintiff and Defendant Ramos regarding a schedule to proceed with the case. (Docket # 69.) Accordingly, the Court hereby ORDERS counsel to appear for a scheduling conference on September 27, 2010 at 10:00 a.m. (bm)
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Filing 71
MINUTE ORDER IN CHAMBERS re Order To Show Cause by Judge Audrey B. Collins: Plaintiff is hereby ORDERED to show cause no later than August 27, 2010 why the proof of service (Docket # 54) should not be stricken and why the Court should not dismiss with prejudice the claims against Defendant Pedersen for failure to timely effectuate service of process on her. (see document for further details) (bm)
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Filing 70
MINUTE ORDER IN CHAMBERS Dismissing Defendant California Medical Board by Judge Audrey B. Collins: On August 10, 2010, the Court ordered Plaintiff to show cause why the claims against the California Medical Board should not be dismissed with prejudice under the Eleventh Amendment. The Court has now received Plaintiff's response. (Response to OSC (Docket # 66).) The California Medical Board is entitled to absolute immunity under the Eleventh Amendment "absent unequivocal consent" to be sued. Yoonessi v. Albany Medical Ctr., 352 F. Supp. 2d 1096, 1104 (C.D. Cal. 2005). Plaintiff's response to the order to show cause did not point to any indication that such consent has been given. Accordingly, the California Medical Board is entitled to absolute immunity and the claims against it are DISMISSED with prejudice. (see document for further details) (bm)
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| Filing 69 JOINT REPORT Rule 26(f) Discovery Plan RULE 26(f) JOINT REPORT filed by Defendant Jeff Ramos.. (Eskue, Daniel) |
| Filing 68 RESPONSE IN SUPPORT DECLARATION OF DANIEL G. ESKUE RE SERVICE OF PROCESS ON DEFENDANT TAMARA PEDERSON filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 67 OF SERVICE filed by Defendant Jeff Ramos, DECLARATION OF LAURA SWEET RE: SERVICE OF PROCESS ON DEFENDANT TAMARA PEDERSON (Eskue, Daniel) |
| Filing 66 RESPONSE filed by Plaintiff Morton R Mazaherito Order on Motion to Dismiss Case,, #64 (Lara, Genaro) |
| Filing 65 RESPONSE IN SUPPORT DECLARATION OF DANIEL G. ESKUE IN RESPONSE TO MINUTE ORDER ISSUED AUGUST 10, 2010 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 64
MINUTES (IN CHAMBERS) ORDER by Judge Audrey B. Collins granting in part and denying in part #47 Motion to Dismiss First Amended Complaint, and Ordering Plaintiff to Show Cause Why the California Medical Board Should Not Be Dismissed: For the reasons discussed above, Defendant Jeff Ramoss motion to dismiss the FAC is GRANTED in part and DENIED in part. The Court hereby DISMISSES with prejudice all claims against Ramos in his official capacity. In all other respects, the motion to dismiss is DENIED. The parties are ORDERED to confer and file a joint report within seven days providing a proposed schedule for the case. (see document for further details) (bm)
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| Filing 63 SUPPLEMENT to MOTION to Dismiss Case #47 SUPPLEMENTAL REPLY BRIEF IN FURTHER SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 62 OPPOSITION filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| Filing 61 SUPPLEMENT to MOTION to Dismiss Case #47 SUPPLEMENTAL MOVING BRIEF IN FURTHER SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12 (b))(6) filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 60 OF SERVICE filed by Plaintff Morton R Mazaheri, served on 04/08/2010. (Lara, Genaro) |
| Filing 58 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS, ORDER by Clerk of Court The document is stricken and counsel is ordered to file an amended or corrected document by 4/27/10. RE: Certificate of Service #56 (lw) |
| Filing 59 MINUTES OF IN CHAMBERS ORDER re REQUEST FOR SUPPLEMENTAL BRIEFING held before Judge Audrey B. Collins: After reviewing the submitted briefing further, the Court finds it insufficient and ORDERS that the parties submit supplemental briefing as follows. The parties failed to address these cases or present argument using the analytical framework employed in them. Accordingly, the parties are ORDERED to submit supplemental briefing regarding quasi-judicial immunity so that the relevant case law can be analyzed and presented to the Court. Defendant shall file a supplemental brief no later than April 28, 2010; Plaintiff shall file a supplemental opposition no later than May 5, 2010; and Defendant shall file a supplemental reply no later than May 12, 2010. The briefs shall be no longer than 15 pages in length. Accordingly, the parties are ORDERED to submit supplemental briefing regarding the applicability of the statutes of limitation. Plaintiff shall include in the above-referenced supplemental opposition a discussion of at least (1) the specific allegations in the FAC on which his statute of limitations argument is based, (2) the authority supporting his previous argument that his claims are timely because there was a pattern of tortious conduct continuing until 2008 (see February 16, 2010 Minute Order at 4 & n.3 (noting that Plaintiff had failed to cite any authority in support of this argument)), and (3) whether that legal position is inconsistent with Ninth Circuit authority such as Olsen, 363 F.3d at 927 & n.6 (refusing to consider actions outside limitations period and expressly rejecting plaintiff's reliance on the "last act rule" to salvage her time-barred claims). Defendant shall include in the above-referenced supplemental reply a response to Plaintiffs timeliness arguments. (see document for further details) (bm) |
| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Certificate of Service #56 . The following error(s) was found: Incorrect event selected. Title page is missing. Other error(s) with document(s) are specified below. The correct event is: Service of Subsequent Document Filings-Proof of Service (subsequent documents).Other error(s) with document(s): Docket entry text does not match caption of attached document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 56 DECLARATION of Genaro Lara re Proof of Service (subsequent documents) #54 filed by Movant Genaro Lara. (Lara, Genaro) *** DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 4-22-10, DOC #58 *** Modified on 4/22/2010 (lw). |
| Filing 55 DECLARATION of Genaro Lara re Proof of Service (subsequent documents) #54 filed by Movant Genaro Lara. (Lara, Genaro) |
| Filing 54 proof of service of summons and first amended complaint OF SERVICE filed by Plaintff Morton R Mazaheri, served on 04/08/2010. (Lara, Genaro) *STRICKEN PURSUANT TO MINUTE ORDER FILED 8/27/10**Modified on 8/30/2010 (ir). |
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Filing 53
MINUTES (IN CHAMBERS) ORDER by Judge Audrey B. Collins taking under submission #47 Motion to Dismiss Case: Pending before the Court is Defendant's motion to dismiss the first amended complaint. (Mot. (Docket # 47).) The Court finds this motion appropriately resolved without oral argument. Civil Local Rule 7-15. Accordingly, the hearing set for April 19, 2010 is VACATED and the matter is taken under submission. (bm)
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| Filing 52 REPLY IN SUPPORT MOTION to Dismiss Case #47 REPLY BRIEF IN FURTHER SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 51 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES in Electronically filed documents: The document is accepted as filed RE: Response in Opposition to Motion #49 (ir) |
| Filing 50 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion #49 . The following error(s) was found: Local Rule 11-8 Memorandum brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vh) |
| Filing 49 OPPOSITION to MOTION to Dismiss Case #47 filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| Filing 48 OPPOSITION to MOTION to Dismiss Case #47 filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| 21 DAY Summons Issued re First Amended Complaint, #42 as to Plaintiff Morton R Mazaheri. (bm) |
| Filing 47 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Jeff Ramos. Motion set for hearing on 4/19/2010 at 10:00 AM before Judge Audrey B. Collins. (Eskue, Daniel) |
| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service #43 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) |
| Filing 45 MINUTES OF IN CHAMBERS ORDER Re: Order to Show Cause held before Judge Audrey B. Collins: The Court hereby ORDERS Plaintiff to effectuate service of process on Tamara Pederson and file a proof of service within 60 days from the issuance of this minute order. If service has not been effectuated at that time, Plaintiff is ORDERED to file a notice so stating. For the foregoing reasons, the Court's February 16, 2010 order to show cause is hereby DISCHARGED. (bm) |
| Filing 44 PROOF OF SERVICE Executed by Plaintiff Morton R Mazaheri, upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Lara, Genaro) |
| Filing 43 PROOF OF SERVICE Executed by Plaintiff Genaro Lara, upon Defendant Lili Raseki served on 5/27/2008, answer due 11/28/2008. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Lara, Genaro) |
| Filing 41 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #38 by Clerk of Court that the document is stricken and counsel is ordered to file an amended or corrected document by March 04, 2010. Other: Counsel must adhere to the rules of the Court, by filing the first amended complaint in the traditional manner over the counter at the civil intake window in room G-119 RE: First Amended Complaint #36 . (bm) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #39 . The following errors were found: Incorrect event selected. The correct event is: Service/Waivers of Summons and Complaint - Service of Summons and Complaint Returned Executed (21 days) and Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) |
| Filing 42 FIRST AMENDED COMPLAINT against defendants DOES, Tamara Pederson, Jeff Ramos, Cal. Medical Board amending Complaint #1 , filed by plaintiff Morton R Mazaheri. (bm) (Additional attachment(s) added on 3/2/2010: #1 First Amended Complaint Pt. 2) (bm). (Additional attachment(s) added on 3/26/2010: #2 Summons on First Amended Complaint) (bm). |
| Filing 39 OF SERVICE filed by Plaintff Morton R Mazaheri, served on 5/21/08. (Lara, Genaro) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint #36 . The following error was found: Pursuant to General Order 08-02, Amended complaint shall be filed in the traditional manner at the Civil Intake Window. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) |
| Filing 37 DECLARATION of Genaro Lara filed by Movant Genaro Lara. (Lara, Genaro) |
| Filing 36 AMENDED DOCUMENT filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 3/1/10, DOCUMENT #41 .*** Modified on 3/1/2010 (bm). |
| Filing 35 MINUTES OF IN CHAMBERS re: ORDER TO SHOW CAUSE before Judge Audrey B. Collins: This case was filed in April 2008 against 15 Defendants. Except with respect to Defendant Jeff Ramos, it is not clear from the docket that service of the complaint has been effectuated on the other Defendants. Accordingly, the Court hereby ORDERS Plaintiff to SHOW CAUSE in writing why the claims against those Defendants should not be dismissed for lack of prosecution, which must be filed within 10 days of this order. (Show Cause Response due by 2/26/2010) (lw) |
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Filing 34
MINUTES (IN CHAMBERS): Re: ORDER GRANTING MOTION TO DISMISS by Judge Audrey B. Collins:[PLEASE SEE DOCUMENT FOR COMPLETE DETAILS] Pending before the Court is Defendants motion to dismiss. Mot. (Docket # 29). Plaintiff filed an opposition and Defendant filed a reply. Oppn (Docket # 32); Reply (Docket # 33). The Court finds the motion properly resolved without oral argument, Civil Local Rule 7-15, and VACATES the February 22, 2010 hearing. Having reviewed the materials and the record in this case, the Court GRANTS Defendants motion.For the foregoing reasons, the Court GRANTS Defendants motion to dismiss... Granting #29 Motion to Dismiss Case. Plaintiffs first cause of action is DISMISSED WITH PREJUDICE to the extent it alleges violations of the Fifth andSixth Amendments. Plaintiffs first cause of action is DISMISSED WITHOUT PREJUDICE to the extent it alleges violations of the Fourteenth Amendment. Plaintiffs second and third cause of action are DISMISSED WITHOUT PREJUDICE. Plaintiffs fourth cause of action is DISMISSED WITH PREJUDICE. Plaintiff must file an amended complaint within 10 days of the date of this Order. Failure to do so will result in dismissal of all claims WITH PREJUDICE. (lw)
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| Filing 33 REPLY IN FURTHER SUPPORT MOTION to Dismiss Case COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6);MEMORANDUM OF POINTS AND AUTHORITIES MOTION to Dismiss Case COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6);MEMORANDUM OF POINTS AND AUTHORITIES #29 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 32 OPPOSITION to MOTION to Dismiss Case COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6);MEMORANDUM OF POINTS AND AUTHORITIES MOTION to Dismiss Case COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6);MEMORANDUM OF POINTS AND AUTHORITIES #29 filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Incorrect event used. Correct event is Response to motion and link to appropriate motion. RE: MEMORANDUM in Opposition to Motion, #30 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ir) |
| Filing 30 MEMORANDUM in Opposition to MOTION to Dismiss Case COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6);MEMORANDUM OF POINTS AND AUTHORITIES MOTION to Dismiss Case COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6);MEMORANDUM OF POINTS AND AUTHORITIES #29 filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6);MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Jeff Ramos. Motion set for hearing on 2/22/2010 at 10:00 AM before Judge Audrey B. Collins. (Eskue, Daniel) |
| Filing 28 MINUTES OF IN CHAMBERS ORDER Re: Motion to Dismiss Briefing held before Judge Audrey B. Collins: The Court has received a joint status report indicating that the state proceedings have now run their course. Jt. Status Report (Docket # 27). Rather than rule on the motion to dismiss that was filed roughly 18 months ago, the Court believes it would be most helpful for Defendant Ramos to file a new motion to dismiss and the parties to submit new briefing to reflect the current state of law. Accordingly, the Court sets the following briefing schedule with respect to Defendant's motion to dismiss: The motion shall be filed no later than January 25, 2010; The opposition shall be filed no later than February 1, 2010; The reply shall be filed no later than February 8, 2010; A hearing is scheduled for February 22, 2010 at 10:00 a.m. (bm) |
| Filing 27 STATUS REPORT JOINT STATUS REPORT NO.3 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 26 JOINT STATUS REPORT of REPORT NO. 2 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 25 STATUS REPORT JOINT STATUS REPORT filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Substitution of Attorney #23 . Docket entry text indicates Notice of Appearance. Attached document is a Substitution of Counsel. Proposed order was not submitted as a separate attachment to Substitution of Counsel. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 23 NOTICE of Appearance filed by attorney Genaro Lara on behalf of Movant Genaro Lara (Lara, Genaro) |
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Filing 22
MINUTES: Regarding Status of Case (In Chambers) On June 28, 2008, the Court ordered that this matter be stayed pending resolution of the state court proceedings #15 . The Court hereby ORDERS the parties to submit a joint status report regarding those proceedings no later than June 12, 2009. The parties are further ORDERED to provide additional joint status reports every 120 days thereafter IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
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| Filing 21 MINUTES: Plaintiff counsel's motion to Withdraw as counsel of record #19 is granted. Counsel, Lara shall give notice by Judge Audrey B. CollinsCourt Reporter: Katherine Stride. (ir) |
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Filing 20
ORDER by Judge Audrey B. Collins that Attorney Genaro Lara be permitted to Withdraw as counsel of record #19 . (ir)
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| Filing 19 NOTICE OF MOTION AND MOTION of Genaro Lara to Withdraw as Attorney filed by plaintiff's counsel Genaro Lara. Motion set for hearing on 2/23/2009 at 10:00 AM before Judge Audrey B. Collins. (Lara, Genaro) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Service of Summons and Complaint Returned Executed (20 days) #16 and Notice and Acknowledgment of Service (CV-21) Executed #17 do not have correct caption pages indicating court, parties, and case number. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) |
| Filing 17 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by plaintiffplaintiff Morton R Mazaheri. upon Lili Raseki acknowledgment sent by Plaintiff on 9/28/2008, answer due 11/28/2008. Acknowledgment of Service signed by Lili Rasekhi, stranger., PROOF OF SERVICE Executed filed by plaintiffplaintiff Morton R Mazaheri, upon Lili Raseki served on 9/28/2008, answer due 11/28/2008. The Summons and Complaint were served by personal service service, by federak statute, upon Lili Rasekhi. Due Dilligence declaration not attached. Original Summons not returned. (Lara, Genaro) |
| Filing 16 PROOF OF SERVICE Executed by Plaintffplaintiff Morton R Mazaheri, upon Tamara Pederson served on 6/21/2008, answer due 7/11/2008. Original Summons original summons was returned with proof of service., PROOF OF SERVICE Executed filed by Plaintffplaintiff Morton R Mazaheri, upon Tamara Pederson served on 6/21/2008, answer due 7/11/2008. Original Summons original summons was returned with proof of service. (Lara, Genaro) |
| Filing 15 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: MOTION to Dismiss Complaint; ORDER STAYING CASE: Pending before the Court is Defendant Jeff Ramos's (Defendant) Motion to DismissComplaint Under Rule 12(b)(6), filed on May 16, 2008. Plaintiff Morton Mazaheri ("Plaintiff") filed an Opposition (titled "Response") on June 16, 2008, and Defendant filed a Reply on June 23, 2008. The Court found the motion appropriate for resolution without oral argument, vacated the hearing, and took the matter under submission. See Fed. R. Civ. P. 78(b); Local Rule 7-15. Upon consideration of the materials submitted by the parties and the case file, the Court hereby GRANTS the Motion and ORDERS this case STAYED pending the state proceedings. The parties are ordered to notify the Court within ten (10) days of the conclusion of the state proceedings.(ps) Modified on 6/27/2008 (ps). |
| Filing 14 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: MOTION to Dismiss Complaint Under Rule 12(b)(6). Pending before the Court is Defendant Jeff Ramos's Motion to Dismiss Complaint Under Rule 12(b)(6), filed on May 16, 2008. The Court finds the motion appropriate for resolution without oral argument, VACATES the hearing set for June 30, 2008, and takes the matter UNDER SUBMISSION. See Fed. R. Civ. P. 78(b); Local Rule 7-15. (ps) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following errors were found: Hearing information is missing, incorrect, or not timely. Memorandum of Points and Authories and Declaration should have been docketed as attachments to the Motion. RE: MOTION to Continue #7 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ps) |
| Filing 12 MEMORANDUM in Support of MOTION to Dismiss Case Complaint Under Rule 12(b)(6) and Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss Case Complaint Under Rule 12(b)(6) and Memorandum of Points and Authorities in Support Thereof #5 filed by Defendant Jeff Ramos. (Eskue, Daniel) |
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Filing 11
ORDER RE CONFERENCE: 1. PRETRIAL CONFERENCE PURSUANT TO F.R.CIV.P. 16 AND 26; AND LOCAL RULE 26; 2. MOTIONS & EX PARTE APPLICATIONS; 3. EFILING - COURTESY COPIES by Judge Audrey B. Collins, Set/Reset Deadlines/Hearings: Pretrial/Scheduling Conference set for 8/4/2008 10:00 AM before Judge Audrey B. Collins. (See document for text of order.) (ps)
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| Filing 10 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re Plaintiff's Motion to Continue the Hearing #7 : The request is DENIED. The Court retains the discretion to continue the hearing on the motion for other reasons. (See document for text of order.) (ps) |
| Filing 9 MEMORANDUM in Opposition to MOTION to Continue #7 Hearing;Declaration of Daniel Eskue filed by Defendant Jeff Ramos. (Eskue, Daniel) |
| Filing 8 CERTIFICATE OF SERVICE filed by Plaintiff Morton R Mazaheri, served on 6/16/08. (Lara, Genaro) |
| Filing 7 NOTICE OF MOTION AND MOTION to Continue filed by Plaintiff Morton R Mazaheri. Motion set for hearing on 6/30/2008 at 10:00 AM before Judge Audrey B. Collins. (Lara, Genaro) |
| Filing 6 OPPOSITION to MOTION to Dismiss Case Complaint Under Rule 12(b)(6) and Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss Case Complaint Under Rule 12(b)(6) and Memorandum of Points and Authorities in Support Thereof #5 filed by Plaintiff Morton R Mazaheri. (Lara, Genaro) |
| Filing 5 NOTICE OF MOTION AND MOTION to Dismiss Case Complaint Under Rule 12(b)(6) and Memorandum of Points and Authorities in Support Thereof filed by Defendant Jeff Ramos.Motion set for hearing on 6/30/2008 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Supplement Request for Judicial Notice Re: Motion to Dismiss Complaint)(Eskue, Daniel) |
| Filing 4 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: Electronic Filing, Submission of Courtesy Copies, and Emailing Proposed Documents. PLEASE BE ADVISED THAT FAILURE TO COMPLY WITH THESE REQUIREMENTS MAY DELAY YOUR MATTER AND MAY RESULT IN SANCTIONS. (See document for text.) (ps) |
| Filing 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(car) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Morton R Mazaheri. (car) Additional attachment(s) added on 5/9/2008 (ds, ). |
| Filing 1 COMPLAINT against Defendants Banafshe R Violet, Hamid Voudjoudifard, Mohammed Jahanguir, Ruby Persad, Nazila Jarrahian, Ozzie Cefat, Farideh Ganji, Nasrin Saffary, Lili Raseki, DOES 1 through 100, Tamara Pederson, Jeff Ramos, Sherry Hope, Zahra Taheri, Shrin Karimi, Gena Ardalan. (Filing fee $ 350 PAID), filed by plaintiff Morton R Mazaheri.(car) Modified on 4/21/2008 (car, ). Additional attachment(s) added on 5/9/2008 (ds, ). |
| 20 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) #1 as to Defendants Banafshe R Violet, Hamid Voudjoudifard, Mohammed Jahanguir, Ruby Persad, Nazila Jarrahian, Ozzie Cefat, Farideh Ganji, Nasrin Saffary, Lili Raseki, Tamara Pederson, Jeff Ramos, Sherry Hope, Zahra Taheri, Shrin Karimi, Gena Ardalan. (car) |
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