Noel Hernandez et al v. City of Los Angeles et al
| Bernardo Hernandez, Dora Rocha, Diego Hernandez, Antonia Salinas and Noel Hernandez |
| Officer Anthony Lopez, Officer James Cairns, City of Los Angeles, Los Angeles Police Department, Charles I Beck and Does 1 through 25 inclusive |
| 2:2012cv09768 |
| November 15, 2012 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Carla Woehrle |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 14
MINUTES OF IN CHAMBERS - ORDER DISMISSING ACTION FOR LACK OF PROSECUTION by Judge Dolly M. Gee: At the 1/25/2013 Scheduling Conference, pro se Plaintiffs Noel Hernandez, Bernardo Hernandez, Antonia Salinas, Diego Hernandez and Dora Rocha failed to appear. On their behalf, attorney Steffeny Holtz made a special appearance. Ms. Holtz, however, has not substituted into this case as counsel for Plaintiffs. Ms. Holtz and Plaintiffs were advised that an Amended Joint Report was to be filed jointly by Plaintiffs and Defendants and the Scheduling Conference was continued to 3/15/2013. At the Scheduling Conference on 3/15/2013, Plaintiffs, again, failed to appear. The Court, therefore, ordered Plaintiffs to show cause in writing by 3/29/2013 why this action should not be dismissed for lack of prosecution ("OSC") #13 . Plaintiffs failed to respond to the OSC by 3/29/2013 and, in fact, the docket indicates no activity since the issuance of the OSC. Although the Court is willing to consider lesser sanctions than dismissal, Plaintiffs have completely failed to participate in this action since its removal from Superior Court on 11/15/2012. As the Court is unable to get any response from Plaintiffs, let alone compliance with its outstanding orders, it appears that a lesser sanction would be futile. Accordingly, IT IS ORDERED that this action is hereby dismissed without prejudice for lack of prosecution. (Made JS-6. Case Terminated.) Court Reporter: Not Reported. (gk)
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| Filing 13 MINUTES OF Scheduling Conference; Order to Show Cause Why Case Should Not Be Dismissed for Lack of Prosecution held before Judge Dolly M. Gee: No appearance by Plaintiffs or anyone on their behalf. Plaintiffs have not complied with the Court's order to file a Joint Rule 26(f) Report. The Court and defense counsel confer. The Court orders Plaintiffs to show cause in writing on or before 3/29/2013 why this action should not be dismissed for lack of prosecution.No oral argument of this matter will be heard unless ordered by the Court. The matter will stand submitted upon the filing of a written response on or before the date upon which a response by Plaintiffs is due. This action will be dismissed if a timely written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Anne Kielwasser. (gk) |
| Filing 12 MINUTES OF Scheduling Conference held before Judge Dolly M. Gee. The Court informs Plaintiff's specially appearing counsel, Steffeny Holtz, Esq., to inform Plaintiffs that they must become familiar with and comply with the Federal Rules of Civil Procedure, Local Rules, and Court orders, including providing the Court with accurate contact information. Failure to comply with rules and court orders may result in the imposition of sanctions. The Court also informs Ms. Holtz that an Amended Joint Report must be filed jointly by Plaintiffs and Defendants. The Scheduling Conference is continued for 45 days to 3/15/13 at 11:00 a.m. Court Reporter: Mary Rickey. (sp) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) #9 . The following error(s) was found: Form G-06 is used per attorney and cannot be combined with another attorney's information. A separate Form G-06 should be efiled on behalf of attorney Nic Danna. 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. (lom) |
| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan DEFENDANTS UNILATERAL REPORT ; estimated length of trial 4-5 days, filed by Defendants Charles I Beck, James Cairns, City of Los Angeles, Anthony Lopez.. (Mitchell, Elizabeth) |
| Filing 9 NOTICE of Change of Attorney Information for attorney Elizabeth Anne Mitchell counsel for Defendants Charles I Beck, James Cairns, City of Los Angeles, Anthony Lopez. Adding ELIZABETH MITCHELL as attorney as counsel of record for CITY OF LOS ANGELES, CHARLIE BECK, ANTHONY LOPEZ and JAMES CAIRNS for the reason indicated in the G-06 Notice.NIC K. DANNA is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by DEFENDANTS CITY OF LOS ANGELES, CHARLIE BECK, ANTHONY LOPEZ and JAMES CAIRNS (Mitchell, Elizabeth) |
| Filing 8 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)]; SCHEDULING CONFERENCE set for January 25, 2013 at 11:00 a.m. [Fed. R. Civ. P.16] by Judge Dolly M. Gee. SEE ORDER. (im) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendants Charles I Beck, James Cairns, City of Los Angeles, Anthony Lopez, re Notice of Removal, #1 Certificate of Service of Notice to Adverse Party Re: Removal of Action to Federal Court served on November 16, 2012. (Kades, Kelly) |
| Filing 6 CERTIFICATION of Interested Parties filed by Defendants Charles I Beck, James Cairns, City of Los Angeles, Anthony Lopez, (Danna, Nic) |
| Filing 5 ANSWER to Notice of Removal, #1 JURY DEMAND. filed by Defendants Charles I Beck, James Cairns, City of Los Angeles, Anthony Lopez.(Danna, Nic) |
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Filing 4
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (im)
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| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) |
| Filing 2 CERTIFICATION AS TO INTERESTED PARTIES filed by defendants Charles I Beck, James Cairns, City of Los Angeles, Anthony Lopez. (esa) (mg). |
| Filing 1 NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County, case number BC487966 with conformed copies of summons and complaint. Case assigned to Judge Dolly M. Gee, discovery to Magistrate Judge Carla Woehrle; (Filing fee $ 350 PAID ); filed by defendants City of Los Angeles, Anthony Lopez, Charles I Beck, James Cairns.(esa) (mg). |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Antonia Salinas, Bernardo Hernandez, Diego Hernandez, Noel Hernandez, Dora Rocha, upon Defendant Anthony Lopez served on 10/16/2012. Service of the Summons and Complaint were executed upon Anthony Lopez, defendant, in compliance with statute not specified by personal service. Original Summons NOT returned. (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Antonia Salinas, Bernardo Hernandez, Diego Hernandez, Noel Hernandez, Dora Rocha, upon Defendant City of Los Angeles served on 10/16/2012. Service of the Summons and Complaint were executed upon Edwin Grover, City Clerk Office, in compliance with statute not specified by personal service. Original Summons NOT returned. (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Antonia Salinas, Bernardo Hernandez, Diego Hernandez, Noel Hernandez, Dora Rocha, upon Defendant James Cairns served on 10/16/2012. Service of the Summons and Complaint were executed upon James Cairns, defendant, in compliance with statute not specified by personal service. Original Summons NOT returned. (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Antonia Salinas, Bernardo Hernandez, Diego Hernandez, Noel Hernandez, Dora Rocha, upon Defendant Charles I Beck served on 10/16/2012. Service of the Summons and Complaint were executed upon Charles Beck, defendant, in compliance with statute not specified by personal service. Original Summons NOT returned. (esa) |
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