Bernadine Harris et al v. County of Los Angeles et al
| Oudy Thomas Wall, Jr., Bernadine Harris and Maria Reyes |
| City of Carson, CITY OF LOS ANGELES, COUNTY OF LOS ANGELES,, City of Hawthorne, City of Gardena, Eric Garcetti, City of Inglewood, City of Torrance, County of Los Angeles and Does 1 through 50, inclusive |
| 2:2017cv08293 |
| November 14, 2017 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| Otis D Wright |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2018. A more recent docket listing may be available from PACER.
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Filing 51
ORDER DENYING PLAINTIFFS' MOTION TO SET ASIDE DISMISSAL OF COUNTY OF LOS ANGELES #48 by Judge Otis D. Wright, II. (lom)
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Filing 50
TEXT ONLY ENTRY by Judge Otis D. Wright, II. On the Court's own motion, the Court vacates the hearing on the MOTION to Set Aside Dismissal of County of Los Angeles #48 , previously scheduled for 5/21/2018, at 1:30 PM. Order to issue. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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Filing 49
Effective April 19, 2018, Judge Rosenberg will be located at the Edward R. Roybal Federal Building, COURTROOM 550 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 550 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil and criminal documents in paper format exempted from electronic filing and for viewing case files and other records services is located at the Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180 (Terrace Level), Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
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Filing 48
NOTICE OF MOTION AND MOTION to Set Aside Dismissal of County of Los Angeles, NOTICE OF MOTION AND MOTION to Dismiss Vacate the dismisal Oppose the Dismissal filed by Plaintiff Bernadine Harris. Motion set for hearing on 5/21/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum to Oppose Dimissal) (Winters, Jonathan)
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Filing 47
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:On April 3, 2018, Plaintiffs filed a document styled as, Plaintiffs [sic] Opposition toMotion to Dismiss County of Los Angeles.1 (ECF No. 43.) As noted in the Notice of Deficiency (ECF No. 45), the Court is unclear what Plaintiffs are opposing, as the Court already granted the County of Los Angeless Motion to Dismiss on January 22, 2018. (Order, ECF No. 33.) Accordingly, the Court STRIKES Plaintiffs filing, as there is no motion to oppose. (ECF No. 43.)On April 3, 2018, the Court also granted the parties stipulation to dismiss the only remaining named defendant in this action, Eric Garcetti. Given that there are no remaining defendants in this action, the Court DISMISSES it. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc)
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Filing 46
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Dismiss Opposition to Motion to Dismiss County of Los Angeles #43 , for the following reasons: Incorrect document is attached to the docket entry; Hearing information is missing, incorrect, or not timely.Proposed Document was not submitted as separate attachment.Refile motion an comply with local rule 6.1. (lc)
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Filing 45
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff NOTICE OF MOTION AND MOTION to Dismiss Opposition to Motion to Dismiss County of Los Angeles #43 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Memorandum in Opposition to Motion. Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Due to incorrect event an erroneous motion was set on Judge's Motion calendar (pdf is only an opposition). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
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Filing 44
ORDER DISMISSING DEFENDANT MAYOR ERIC GARCETTI #42 by Judge Otis D. Wright, II, (lc)
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Filing 43
NOTICE OF MOTION AND MOTION to Dismiss Opposition to Motion to Dismiss County of Los Angeles filed by Plaintiff Bernadine Harris. Motion set for hearing on 5/7/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Supplement Motion to Set Aside Dismissal of County of Los Angeles, #2 Exhibit Z-Net Zoning and Planning) (Winters, Jonathan). (STRICKEN PER 4/5/18 ORDER) Modified on 4/5/2018 (lc).
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Filing 42
STIPULATION to Dismiss Defendant Eric Garcetti filed by Defendant Eric Garcetti. (Attachments: #1 Proposed Order)(Attorney Kevin E Gilbert added to party Eric Garcetti(pty:dft))(Gilbert, Kevin)
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Filing 41
SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Bernadine Harris, upon Defendant Eric Garcetti served on 3/8/2018, answer due 4/9/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Winters, Jonathan)
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Filing 40
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:The Court DISCHARGES the Order to Show Cause in light of Plaintiffs counsels representations to the Court. However, Plaintiff still has not served Eric Garcetti, and the 90-day deadline set by Federal Rule of Civil Procedure 4(m) expired on February 12, 2018. If a defendant is not served within 90 days after the complaint is filed, the courton motion or on its own after notice to the plaintiffmust dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.(emphasis added). Should Plaintiff fail to serve Garcetti on or before March 9, 2018, the Court will dismiss him from this action without prejudice, as it must. Id. (lc)
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Filing 39
OBJECTION objection re: NOTICE OF MOTION AND MOTION to Dismiss Case #21 DEFENDANT CITY OF TORRANCE'S OBJECTION TO PLAINTIFFS' RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL; DECLARATION OF MYLES S. COUCH filed by Defendant City of Torrance. (Couch, Myles)
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Filing 38
OPPOSITION to Order Show Cause filed by Plaintiff Bernadine Harris. (Attachments: #1 Exhibit)(Winters, Jonathan)
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Filing 37
RESPONSE IN SUPPORT to Order Show Cause filed by Plaintiff Bernadine Harris. (Attachments: #1 Exhibit)(Winters, Jonathan)
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Filing 36
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II. In light of Plaintiff's failure to respond to several motions to dismiss, or otherwise prosecute this action, the Court ORDERS Plaintiff TO SHOW CAUSE, in writing, on, or before March 1, 2018, why the Court should not dismiss this action for failure to prosecute. Failure to respond to the Courts Order will result in dismissal of this action without further notice. IT IS SO ORDERED. (lom)
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Filing 35
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes of In Chambers Order/Directive - no proceeding held,, Create Case Association, #34 Docketed on this case in error, should be 2:17-cv-08923-ODW. (lc)
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court CONSOLIDATES this appeal with Greensteins other appeals bearing case numbers: 2:17-cv-08923-ODW, 2:17-cv-8919-ODW, 2:17-cv-8899-ODW, and 2:17-cv-8371- ODW. The appeals are consolidated for all purposes including briefing and disposition. Case number 2:17-CV-08371-ODW is designated as the LEAD CASE, and all documents relating any of the consolidated matters should be filed only in this case. (lc) Modified on 1/30/2018 (lc). (DOCKETED ON THIS CASE IN ERROR, should be 2:17-cv-08923-ODW. (lc)
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Filing 33
ORDER GRANTING DEFENDANT COUNTY OF LOS ANGELES MOTION TO DISMISS AS UNOPPOSED #30 by Judge Otis D. Wright, II. (lc). Modified on 1/22/2018 (lc).
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Filing 32
The hearing on the MOTION TO DISMISS #30 , scheduled for January 22, 2018 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 31
Notice of Plaintiffs' Failure to Oppose Motion to Dismiss re First NOTICE OF MOTION AND MOTION to Dismiss Case #30 filed by Defendant County of Los Angeles. (Pavlovic, Dusan)
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Filing 30
First NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant County of Los Angeles. Motion set for hearing on 1/22/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Pavlovic, Dusan)
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Filing 29
ORDER GRANTING DEFENDANTS MOTIONS TO DISMISS AS UNOPPOSED #8 , #9 , #14 , #21 by Judge Otis D. Wright, II: The Court DISMISSES Harris' action against City of Los Angeles and City of Gardena. The Court also GRANTS City of Inglewood, City of Hawthorne, City of Torrance, City of Los Angeles, and City of Carson's Motions to Dismiss. (ECF No. 89, 14, 21.) Therefore, Plaintiffs action against each of the foregoing defendants is DISMISSED WITH PREJUDICE. With respect to the City of Los Angeles's Motion to Dismiss, the Court does not grant it as to Harris because she dismissed her action prior to this Order. (ECF No. 25.) (lc). Modified on 12/22/2017 .(lc).
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Filing 28
REPLY REPLY IN SUPPORT OF DEFENDANT CITY OF TORRANCE'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT; DECLARATION OF MYLES S. COUCH NOTICE OF MOTION AND MOTION to Dismiss Case #21 filed by Defendant City of Torrance. (Couch, Myles)
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Filing 27
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On December 20, 2017, the Court requested counsel to submit proposed orders re the dismissals filed by plaintiff Bernadine Harris on docket nos. 24 and 25. Counsel failed to submit the proposed orders as instructed. The Court dismisses: City of Los Angeles and City of Gardena. (lc) Modified on 12/22/2017 (lc).
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Filing 26
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Bernadine Harris Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #24 , Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #25 . The following error(s) was/were found: Leave of court required for filing. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): This case has 3 plaintiffs, these filings are by only one plaintiff as to only one defendant no 24 re City of Gardena and no. 25 as to City of Los Angeles... a proposed order should have been submitted as a separate attachment. 2) City of Los Angeles has a responsive motion to dismiss, therefore filer needs an order of court. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
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Filing 25
NOTICE OF DISMISSAL filed by Bernadine Harris Bernadine Harris pursuant to FRCP 41a(1) ONLY DISMISSING ONE PARTY as to City of Los Angeles. (Winters, Jonathan)
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Filing 24
NOTICE OF DISMISSAL filed by Bernadine Harris Bernadine Harris pursuant to FRCP 41a(1) ONLY DISMISSING ONE PARTY as to City of Gardena. (Winters, Jonathan)
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Filing 23
Notice of Appearance or Withdrawal of Counsel: for attorney Daniel K Spradlin counsel for Defendant City of Torrance. Adding Daniel K. Spradlin as counsel of record for City of Torrance for the reason indicated in the G-123 Notice. Filed by defendant City of Torrance. (Attorney Daniel K Spradlin added to party City of Torrance(pty:dft))(Spradlin, Daniel)
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Filing 22
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants City of Hawthorne, City of Inglewood. Notice (Other) #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joinder (follow system prompts to link to the removal). Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
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Filing 21
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant City of Torrance. Motion set for hearing on 1/8/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Couch, Myles)
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Filing 20
NOTICE OF JOINDER filed by Defendants City of Hawthorne, City of Inglewood. to City of Los Angeles' Removal of Action (Moore, Kenton)
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Filing 19
Notice of Appearance or Withdrawal of Counsel: for attorney Dusan Pavlovic counsel for Defendant County of Los Angeles. Adding Dusan Pavlovic as counsel of record for County of Los Angeles for the reason indicated in the G-123 Notice. Filed by defendant County of Los Angeles. (Attorney Dusan Pavlovic added to party County of Los Angeles(pty:dft))(Pavlovic, Dusan)
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Filing 18
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joinder (follow system prompts to link to the removal). Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
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Filing 17
Notice of Appearance or Withdrawal of Counsel: for attorney Kenton E Moore counsel for Defendants City of Hawthorne, City of Inglewood. Adding Benson E. Garrett as counsel of record for City of Inglewood and City of Hawthorne for the reason indicated in the G-123 Notice. Filed by Defendants City of Inglewood and City of Hawthorne. (Moore, Kenton)
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Filing 16
CERTIFICATE of Interested Parties filed by Defendant City of Torrance, (Attorney Myles S Couch added to party City of Torrance(pty:dft))(Couch, Myles)
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Filing 15
NOTICE Notice of Joinder Of Defendant City of Torrance To Defendant County of Los Angeles's Removal of Action Under 28 U.S.C. Sections 1331, 1441(c) and 42 U.S.C. Section 1367; Demand for Jury Trial filed by Defendant City of Torrance. (Couch, Myles)
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Filing 14
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant City of Los Angeles. Motion set for hearing on 1/8/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Kevin Gilbert, #2 Request for Judicial Notice, #3 RJN Ex. A, #4 RJN Ex. B, #5 RJN Ex. C, #6 RJN Ex. D, #7 RJN Ex. E, #8 RJN Ex. F, #9 Proposed Order) (Gilbert, Kevin)
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Filing 13
Notice of Appearance or Withdrawal of Counsel: for attorney Kenton E Moore counsel for Defendants City of Hawthorne, City of Inglewood. Adding Kenton E. Moore as counsel of record for City of Inglewood and City of Hawthorne for the reason indicated in the G-123 Notice. Filed by Defendants City of Inglewood and City of Hawthorne. (Moore, Kenton)
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Filing 12
NOTICE of Interested Parties filed by Defendants City of Hawthorne, City of Inglewood, (Attorney Kenton E Moore added to party City of Hawthorne (pty:dft), Attorney Kenton E Moore added to party City of Inglewood(pty:dft))(Moore, Kenton)
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Filing 11
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: City of Hawthorne, City of Inglewood Notice (Other) #10 , Notice (Other), #9 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: re no. 10: Notice: Certificate/Notice of Interested Parties; re no. 9: Motion: Dismiss Case (follow prompts to set date, time and select Judge.. Other error(s) with document(s): due to incorrect event re no. 9, NO Motion or hearing was set on Judge's motion calendar.Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc)
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Filing 10
NOTICE filed by Defendant City of Hawthorne, City of Inglewood. (Moore, Kenton)
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Filing 9
NOTICE filed by Defendant City of Hawthorne, City of Inglewood. Motion and Motion to Dismiss Plaintiff's Complaint Under FRCP Rule 12(B)6 (Attachments: #1 Declaration Declaration of Benson Garrett, #2 Exhibit Exhibit A)(Moore, Kenton)
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Filing 8
NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Carson filed by Defendant, City of Carson City of Carson. Motion set for hearing on 1/8/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Mily C. Huntley, #2 Declaration of Marsha M. Yasuda, #3 Proposed Order Granting Motion to Dismiss) (Attorney Marsha Michiko Yasuda added to party City of Carson(pty:dft)) (Yasuda, Marsha)
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Filing 7
CIVIL COVER SHEET filed by Defendant City of Los Angeles. (Gilbert, Kevin)
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Filing 6
NOTICE of Interested Parties filed by Defendant City of Los Angeles, identifying City of Los Angeles. (Gilbert, Kevin)
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Filing 5
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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Filing 4
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap)
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Filing 3
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
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Filing 2
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alicia G. Rosenberg. (ghap)
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CONFORMED FILED COPY OF COMPLAINT against Defendants City of Carson, City of Gardena, City of Hawthorne, City of Inglewood, City of Los Angeles, City of Torrance, County of Los Angeles, Does 1 through 50, inclusive, Eric Garcetti. Jury Demanded., filed by plaintiffs Maria Reyes, Oudy Thomas Wall, Jr, Bernadine Harris. (ghap)
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Filing 1
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC673942 Receipt No: 0973-20821793 - Fee: $400, filed by Defendant CITY OF LOS ANGELES. (Attachments: #1 Exhibit A -- Summons and Complaint, #2 Proof of Service) (Attorney Kevin E Gilbert added to party CITY OF LOS ANGELES(pty:dft))(Gilbert, Kevin)
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