Eugene Evan Baker v. Eric H. Holder, Jr.
| Eugene Evan Baker |
| Does 1 through 100, Inclusive, Kamala D Harris, Eric H. Holder, Jr. and State of California Department of Justice |
| 2:2010cv03996 |
| May 27, 2010 |
| US District Court for the Central District of California |
| Stephen V Wilson |
| Andrew J Wistrich |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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| Filing 60 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #51 CCA # 13-56454. The judgment of the 9th Circuit Court, entered October 18, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #59 The district courts order is AFFIRMED.(mat) |
| Filing 59 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #51 filed by Eugene Evan Baker. CCA # 13-56454. The district court's order is AFFIRMED. (mat) |
Filing 58
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #51 filed by Eugene Evan Baker. CCA # 13-56454. Appellant's motion for full remand to the district court for further proceedings is denied without prejudice to raising the arguments in the opening brief. (car)
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Filing 57
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #51 filed by Eugene Evan Baker. CCA # 13-56454. The petitioner's motion to further stay appellate proceedings for 90 days pending United States Supreme Courts disposition of the petition for writ of certiorari in Enos v. Holder, No. 14-1216, is granted. (car)
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Filing 56
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #51 filed by Eugene Evan Baker, CCA # 13-56454. The petitioners motion to stay appellate proceedings for 180 days pending Enos v. Holder, No. 12-15498, is granted. Appellate proceedings are stayed until July 2, 2015. The brief schedules have been set. Order received in this district on 11/17/14. [See document for details] (mat)
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Filing 55
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #51 filed by Eugene Evan Baker, CCA # 13-56454. Appellant's unopposed motion to stay proceedings pending this Court's disposition of Enos v. Holder, Jr. appeal no. 12-15498, is granted in part. The brief schedules have been set. This case is stayed until January 2, 2015. Order received in this district on 10/10/14. [See document for more details] (mat)
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Filing 54
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #51 filed by Eugene Evan Baker, CCA # 2:10-cv-03996. is The appellant's unopposed motion to further stay appellate proceedings 180 days pending the filing of the petition for writ of certiorari with the United States Supreme Court in United States v. Chovan, Ninth Circuit Docket No. 11-50107, is granted. Appellate proceedings are stayed until November 3, 2014. At or prior to the expiration of the stay of appellate proceedings, theappellant shall file the opening brief or file a motion for appropriate relief. If theopening brief is filed, the answering brief is due December 3, 2014. The optionalreply brief is due within 14 days after service of the answering brief. No. 13-56454In the absence of a motion, the stay of appellate proceedings will terminatewithout further notice.. (dmap)
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| Filing 53 TRANSCRIPT ORDER as to Plaintiff Eugene Evan Baker Court Reporter. Court will contact Joshua R. Dale at jdale@michellawyers.com with any questions regarding this order. Transcript portion requested: Other: transcript for proceedings held on 10/25/10; transcript for proceedings held on 10/15/12.. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Dale, Joshua) |
| Filing 52 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56454, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #51 as to Plaintiff Eugene Evan Baker. (car) |
| Filing 51 NOTICE OF APPEAL to the 9th CCA filed by Plaintff Eugene Evan Baker. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case #48 (Appeal fee FEE NOT PAID.) (Michel, Carl) |
| Filing 50 NOTICE OF ERRATA filed by Plaintiff Eugene Evan Baker. correcting Notice of Appeal to Federal Circuit Court of Appeals #49 (Michel, Carl) |
| Filing 49 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Eugene Evan Baker. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case #48 (Appeal fee of $455 receipt number 0973-12576609 paid.) (Michel, Carl) |
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Filing 48
MINUTE ORDER IN CHAMBERS Re MOTION TO DISMISS #36 I. by Judge Stephen V. Wilson: For the reasons put forward in this Order, Plaintiffs FAC is DISMISSED WITH PREJUDICE. (Made JS-6. Case Terminated.) (pj)
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Filing 47
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: Upon review of the parties' briefs, the Court concludes that the Motion is suitable for determination without oral argument. Fed. R. Civ. P. 78(b); Local Rule 7-15. The hearing scheduled for Monday, March 11, 2013, is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(pc) TEXT ONLY ENTRY
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| Filing 46 SCHEDULING NOTICE by Judge Stephen V. Wilson: The hearing previously scheduled for 02/25/13 at 1:30 PM has been rescheduled to 3/11/2013 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(pc) TEXT ONLY ENTRY |
| Filing 45 REPLY BRIEF filed by Defendant Eric H. Holder, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(DeJute, David) |
| Filing 44 MEMORANDUM of Points and Authorities in Opposition to Motion to Dismiss Re: Brief (non-motion non-appeal) #36 (Michel, Carl) |
| Filing 43 SCHEDULING NOTICE by Judge Stephen V. Wilson: The hearing on a motion to dismiss previously scheduled for 02/04/2013 1:30 PM has been rescheduled to 2/25/2013 at 1:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(pc) TEXT ONLY ENTRY |
| Filing 42 TRANSCRIPT ORDER as to Defendant Eric H. Holder, Jr DCN number: M 8 0185. Court Reporter. Transcript portion requested: Other: 10/15/2012. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (DeJute, David) |
| Filing 41 RESPONSE filed by Plaintiff Eugene Evan Bakerto Brief (non-motion non-appeal) #36 Plaintiff's Reply To Federal Defendant's Opening Brief (Michel, Carl) |
| Filing 40 BRIEF filed by Defendants Kamala D Harris, State of California Department of Justice. regarding Brief (non-motion non-appeal) #38 . (Attachments: #1 Certificate of Service)(Hakl, Anthony) |
| Filing 39 RESPONSE filed by Defendant Eric H. Holder, Jrto Brief (non-motion non-appeal) #38 (FEDERAL DEFENDANT'S RESPONDING BRIEF) (DeJute, David) |
| Filing 38 BRIEF filed by Plaintiff Eugene Evan Baker. Plaintiff's Brief Re Issues On Remand (Michel, Carl) |
| Filing 37 BRIEF filed by Defendants Kamala D Harris, State of California Department of Justice. regarding Order, Set/Reset Deadlines/Hearings,, #34 . (Attachments: #1 Certificate of Service)(Hakl, Anthony) |
| Filing 36 BRIEF filed by DEFENDANT Eric H. Holder, Jr. (OPENING) regarding Order, Set/Reset Deadlines/Hearings,, #34 . (Attachments: #1 EXHIBIT A, #2 Proposed Order)(DeJute, David) |
| Filing 35 ANSWER to Amended Complaint, #23 filed by DEFENDANT Eric H. Holder, Jr.(DeJute, David) |
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Filing 34
ORDER by Judge Stephen V. Wilson, re Stipulation for Extension of Time to File #33 , The parties simultaneous Opening Briefs are due on January 7, 2013.2. The parties simultaneous Responding Briefs are due on January 16, 2013. 3. The hearing shall proceed on February 4, 2013 at 1:30 p.m. (pj)
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| Filing 33 Joint STIPULATION for Extension of Time to File Simultaneous Opening and Responding Briefs and Resetting of Hearing filed by Plaintiff Eugene Evan Baker. (Attachments: #1 Proposed Order)(Michel, Carl) |
| Filing 32 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/15/2012 1:30 p.m. re Transcript #31 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Gackle, Deborah) TEXT ONLY ENTRY |
| Filing 31 TRANSCRIPT for proceedings held on 10/15/2012 1:30 pm. Court Reporter: Deborah K. Gackle, phone number (213) 620-1149. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through DEBORAHGACKLE.COM or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/6/2012. Redacted Transcript Deadline set for 12/16/2012. Release of Transcript Restriction set for 2/13/2013. (Gackle, Deborah) |
| Filing 30 ANSWER to Amended Complaint, #23 filed by Defendants Kamala D Harris, State of California Department of Justice. (Attachments: #1 Certificate of Service)(Hakl, Anthony) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Eugene Evan Baker, upon Defendant Eric H. Holder, Jr served on 10/16/2012, answer due 12/15/2012. Service of the Summons and Complaint were Executed upon the Attorney Generals Office of the United States by delivering a copy to Steffon Edmonds, Authroized Agent. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt NOT attached. Original Summons returned. (Michel, Carl) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Eugene Evan Baker, upon Defendant Kamala D Harris served on 10/19/2012, answer due 11/9/2012. Service of the Summons and Complaint were executed upon Kamala D. Harris In Her Capacity as Attorney General for the State of California in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Michel, Carl) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Eugene Evan Baker, upon Defendant State of California Department of Justice served on 10/19/2012, answer due 11/9/2012. Service of the Summons and Complaint were executed upon The State of California Department of Justice in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Michel, Carl) |
| Filing 25 MINUTES OF Status Conference held before Judge Stephen V. Wilson:,Conference held. The Court sets the following schedule: Filing of Simultaneous Opening Briefs December 6, 2012; Filing of Simultaneous Responding Briefs December 17, 2012; Hearing January 7, 2013 at 1:30 p.m. The Court further orders that plaintiff shall effectuate service of the amended complaint withintwenty days of this hearing.Court Reporter: Deborah Gackle. (pj) |
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Filing 24
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Stephen V. Wilson: The Court hereby orders that the request of:Eugene Evan Baker Plaintiff to substitute Joshua R. Dale Retained Counsel as attorney of record instead of Franklin S. Adler #22 . Attorney Franklin S Adler terminated (pj)
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| Filing 26 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eugene Evan Baker, (pj) |
| Filing 23 FIRST AMENDED COMPLAINT against Defendants Eric H. Holder, Jr, Kamala D Harris, State of California Department of Justice, Does a) #1 ; JURY DEMAND,filed by Plaintiff Eugene Evan Baker (Attachments: #1 21 day summons Issued as to first amended complaint)(pj) |
| Filing 22 REQUEST to Substitute attorney Joshua R. Dale in place of attorney Franklin S. Adler filed by Plaintiff Eugene Evan Baker. (Attachments: #1 Proposed Order)(Dale, Joshua) |
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Filing 21
MINUTE ORDER IN CHAMBERS by Judge Stephen V. Wilson: re: USCA Mandate #20 : THE COURT REVIEWS the mandate (judgment or order) of the Ninth Circuit Court of Appeals: Remanding. The plaintiff shall file his amended complaint, consistent with the Ninth Circuit Mandate, within twenty days from the date of this order. The matter is set for a status conference on October 15, 2012 at 1:30 p.m. (Case reopened. MD JS-5.) (pj)
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| Filing 20 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #15 , CCA # 11-55067. The Judgment of the district court is Affirmed in part; Reversed in part; Remanded. Mandate received in this district on 9/18/12. (car) |
| Filing 19 TRANSCRIPT for proceedings held on October 25, 2010 1:46 P.M. to 1:48 P.M. Court Reporter/Electronic Court Recorder: Margaret J. Babykin, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/26/2011. Redacted Transcript Deadline set for 6/5/2011. Release of Transcript Restriction set for 8/3/2011. (Babykin, Margaret) |
| Filing 18 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 10/25/2010; Court Reporter: Margaret Babykin; Court of Appeals Case Number: 11-55067; Re: #15 (Landau, Karen) |
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Filing 17
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #15 filed by Eugene Evan Baker CCA # 11-55067. The appellant's motion for an extension of time to file the transcript designation is granted. If the appellant has not already done so, the appellant shall designate the transcript on or before March 30, 2011. The transcript is due May 2, 2011. The opening brief is due June 13, 2011. The answering brief is due July 14, 2011. The optional reply brief is due 14 days after the service of the answering brief. Appellant shall provide a copy of this order to the court reporter(s0 at the district court. Within 7 days after the date of this order, the appellant shall file the Mediation Questionnaire with this court. Order received in this district on 3/23/2011. (dmap)
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| Filing 16 NOTIFICATION by Circuit Court of Appellate Docket Number 11-55067, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #15 as to Plaintiff Eugene Evan Baker. (lr) |
| Filing 15 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Eugene Evan Baker. Appeal of Order on Motion to Dismiss Case #14 Filed On: 10/26/2010; Entered On: 10/27/2010; Filing fee $455, Paid. receipt number LA007143. (lr) Modified on 1/10/2011 (lr). |
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Filing 14
ORDER by Judge Stephen V. Wilson: GRANTING Defendant's #6 Motion to Dismiss Complaint With Prejudice. (MD JS-6. Case Terminated) (mg)
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| Filing 13 MINUTES OF Motion Hearing held before Judge Stephen V. Wilson: GRANTING MOTION to Dismiss Case #6 . Order to issue.Court Reporter: Margaret Babykin. (rrey) |
| Filing 12 REPLY in support MOTION to Dismiss Case Memorandum Of Points And Authorities #6 filed by Defendant Eric H. Holder, Jr. (DeJute, David) |
| Filing 11 OPPOSITION To Defendant's Motion To Dismiss (without Exhibits 1-7 which could not be scanned into document - they will be faxed to all parties and submitted to Judge's Courtesy Box on 9/30/10) filed by Plaintiff Eugene Evan Baker. (Adler, Franklin) |
| Filing 10 NOTICE of Change of Attorney Information for attorney David A DeJute counsel for Defendant Eric H. Holder, Jr. Adding David A. DeJute as attorney as counsel of record for Eric H. Holder, Jr. for the reason indicated in the G-06 Notice. Ira A. Daves will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Ira A. Daves is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Eric H. Holder, Jr. (DeJute, David) |
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Filing 9
ORDER Granting Plaintiff's Unopposed Motion to Continue Plaintiff's Response Date to Defendant's Motion to Dismiss and Continuance of Hearing Date #7 by Judge Stephen V. Wilson. IT IS HEREBY ORDERED that the Response Date for Plaintiff to file his opposition to Defendant's Motion to Dismiss is continued from 9/13/2010 to 10/4/2010, and the within Hearing date is continued from 10/4/2010 to 10/25/2010 at 1:30 pm. (csi)
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| Filing 8 NOTICE OF MOTION AND MOTION for Order for Proposed Order Granting Plaintiff Continuance to File Response to Motion to Dismiss and Continuance of Hearing Date on Motion to Dismiss presently set 10/04/10 to date of 10/25/10 filed by Plaintiff Eugene Evan Baker. Motion set for hearing on 10/4/2010 at 01:30 PM before Judge Stephen V. Wilson. (Adler, Franklin) |
| Filing 7 NOTICE OF MOTION AND MOTION to Continue Response Date for Opposition to Defendant's Motion to Dismiss and Continue Hearing Date on Motion to Dismiss from Response Date: September 13, 2010; Hearing Date: October 4, 2010 to Response Date: October 4, 2010; Hearing Date: October 25, 2010 filed by Plaintiff Eugene Evan Baker. Motion set for hearing on 10/4/2010 at 01:30 PM before Judge Stephen V. Wilson. (Adler, Franklin) |
| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum Of Points And Authorities filed by Defendant Eric H. Holder, Jr. Motion set for hearing on 10/4/2010 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order)(Daves, Ira) |
| Filing 5 FIRST STIPULATION Extending Time to Answer the complaint as to Eric H. Holder, Jr answer now due 8/25/2010, filed by Defendant Eric H. Holder, Jr.(Daves, Ira) |
| Filing 4 PROOF OF SERVICE Executed by Plaintiff Eric H. Holder, Jr, upon Defendant Eric H. Holder, Jr in his official capacity served on 5/27/2010, answer due 7/26/2010. Service of the Summons and Complaint Executed upon the Attorney Generals Office of the United States by delivering a copy to Flabia De La Rosa authorized person to receive service of process. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (pj) |
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Filing 3
NEW CASE ORDER (See document for further details) by Judge Stephen V. Wilson. (ir)
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| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eugene Evan Baker. (ghap) (mg). |
| Filing 1 COMPLAINT against Defendant Eric H. Holder, Jr. Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Andrew J. Wistrich.(Filing fee $ 350: PAID), filed by plaintiff Eugene Evan Baker.(ghap) (mg). |
| 60 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Eric H. Holder, Jr. (ghap) |
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