Tracy Towner v. County of Ventura et al
| Tracy Towner |
| County of Ventura, Michael D Schwartz, Michael Baray, Janice L Maurizi, Gregory D. Totten, Edward Zappia, Michael D. Schwartz, Ventura County Office of the District Attorney, Janice L. Maurizi, Does 1 through 20 inclusive and Chief Michael Baray |
| 2:2019cv03584 |
| April 29, 2019 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Gail J Standish |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 36
MINUTE ORDER (IN CHAMBERS) ORDERING SUPPLEMENTAL BRIEFING AND TAKING THE HEARING ON MOTIONS (DOC. NOS. 9,10, 23) OFF CALENDAR by Judge Virginia A. Phillips: Several Motions are before the Court in this case: a Motion to Dismiss Certain Claims and Defendants, (Doc. No. 9), a Motion to Strike the Third and Ninth Claims and Defendant Zappia, (Doc. No. 10), and a Motion to Sever and Remand State Law Claims, (Doc. No. 23). In Defendants Motion to Dismiss, Defendant addresses multiple claims and against numerous defendants, but neglects to address Plaintiff's fourth claim (for "Violation of the Right to Free Speech"). (Doc. No. 9.) The Court hereby orders each party to submit supplemental briefing addressing the validity of Plaintiff's fourth claim for the Violation of the Right to Free Speech. The supplemental briefs are not to exceed 5 pages and should comply with Local Rule 11. The supplemental briefs must be filed no later than July 12, 2018. The Court hereby takes the July 15, 2019 hearing on the Motions off calendar; the matter will stand submitted after the supplemental briefs have been filed with the Court. (bm)
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| Filing 35 REPLY in support of Plaintiff's Motion to File Sur-Reply filed by Plaintiff Tracy Towner. (Attachments: #1 Declaration of Mark Pachowicz)(Pachowicz, Mark) |
| Filing 34 DECLARATION of Edward P. Zappia in support of NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees #10 OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR-REPLY filed by Defendants Michael Baray, Michael Baray, County of Ventura, Does, Janice L. Maurizi, Janice L. Maurizi, Michael D. Schwartz, Michael D. Schwartz, Gregory D. Totten, Gregory D. Totten, Ventura County Office of the District Attorney, Edward Zappia. (Zappia, Edward) |
| Filing 33 OPPOSITION IN OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees #10 filed by Defendants Michael Baray, Michael Baray, County of Ventura, Does, Janice L. Maurizi, Janice L. Maurizi, Michael D. Schwartz, Michael D. Schwartz, Gregory D. Totten, Gregory D. Totten, Ventura County Office of the District Attorney, Edward Zappia. (Attorney Edward P Zappia added to party Does(pty:dft))(Zappia, Edward) |
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Filing 32
ORDER APPROVING STIPULATION TO CONTINUE hEARING DATES ON PENDING MOTIONS TO ACCOMMODATE PRE-PLANNED VACATION OF COUNSEL #29 by Judge Virginia A. Phillips. IT IS HEREBY ORDERED as follows: 1. The hearing on Defendants' Motion to Dismiss and Special Motion to Strike the Third and Ninth Claims and Defendant Zappia from Plaintiff's Complaint and for Attorney's Fees in the Amount of $16,650.00, and Plaintiff's Motion to Sever and Remand his State Law Claims are all continued from June 24, 2019 to July 15, 2019 at 2:00 PM. 3. The briefing schedule for all Motions shall remain the same. (Docket 28) (lom)
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| Filing 31 PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR-REPLY IN RESPONSE TO DKT.25 REPLY OF DEFENDANTS TO OPPOSITION RE SPECIAL MOTION TO STRIKE AND DKT.17 RE OPPOSITION TO FILING DOCUMENTS UNDER SEAL re APPLICATION to file document Exhibits under seal #13 , NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees #10 filed by Plaintiff Tracy Towner. (Attachments: #1 Proposed Order)(Pachowicz, Mark) |
| Filing 30 REPLY in support of NOTICE OF MOTION AND MOTION to Sever and Remand State Law Claims #23 filed by Plaintiff Tracy Towner. (Attachments: #1 Declaration of Tracy Towner, #2 Declaration of Jennie Hendrickson)(Pachowicz, Mark) |
| Filing 29 STIPULATION to Continue Hearing on Pending Motions from 6/24/2019 to 7/15/2019 Re: NOTICE OF MOTION AND MOTION to Dismiss Certain Claims and Certain Parties #9 , NOTICE OF MOTION AND MOTION to Sever and Remand State Law Claims #23 , NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees #10 , Text Only Scheduling Notice,, 28 filed by All Defendants Michael Baray(in his official capacity as Chief of the Bureau of Investigation), Michael Baray, County of Ventura, Janice L. Maurizi(in her official capacity), Janice L. Maurizi(individually), Michael D. Schwartz(individually), Michael D. Schwartz(in his official capacity as Deputy District Attorney), Gregory D. Totten(in his official capacity as District Attorney), Gregory D. Totten(individually), Ventura County Office of the District Attorney, Edward Zappia. (Attachments: #1 Proposed Order)(Zappia, Edward) |
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Filing 28
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Virginia A. Phillips: On its own motion, the Court hereby continues the hearing on Defendants' Motion to Dismiss #9 , Defendants' Motion to Strike the Third and Ninth Claims, and Defendant Zappia from Plaintiff's Complaint and for Attorney's Fees in the Amount of $16,650.00 #10 , and Plaintiffs Motion to Sever and Remand State Law Claims #23 to 6/24/2019 at 2:00 PM. The briefing schedule shall remain the same. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 27 OPPOSITION IN OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Sever and Remand State Law Claims #23 filed by Defendants Michael Baray, Michael Baray, County of Ventura, Janice L. Maurizi, Janice L. Maurizi, Michael D. Schwartz, Michael D. Schwartz, Gregory D. Totten, Gregory D. Totten, Ventura County Office of the District Attorney, Edward Zappia. (Attachments: #1 Declaration)(Zappia, Edward) |
| Filing 26 DECLARATION of Edward P. Zappia in support of NOTICE OF MOTION AND MOTION to Dismiss Certain Claims and Certain Parties #9 , NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees #10 filed by Defendants Michael Baray, Michael Baray, County of Ventura, Janice L. Maurizi, Janice L. Maurizi, Michael D. Schwartz, Michael D. Schwartz, Gregory D. Totten, Gregory D. Totten, Ventura County Office of the District Attorney, Edward Zappia. (Zappia, Edward) |
| Filing 25 REPLY in support NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees #10 filed by Defendants Michael Baray, Michael Baray, County of Ventura, Janice L. Maurizi, Janice L. Maurizi, Michael D. Schwartz, Michael D. Schwartz, Gregory D. Totten, Gregory D. Totten, Ventura County Office of the District Attorney, Edward Zappia. (Zappia, Edward) |
| Filing 24 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Certain Claims and Certain Parties #9 filed by Defendants Michael Baray, Michael Baray, County of Ventura, Janice L. Maurizi, Janice L. Maurizi, Michael D. Schwartz, Michael D. Schwartz, Gregory D. Totten, Gregory D. Totten, Ventura County Office of the District Attorney, Edward Zappia. (Zappia, Edward) |
| Filing 23 NOTICE OF MOTION AND MOTION to Sever and Remand State Law Claims filed by Plaintiff Tracy Towner. Motion set for hearing on 6/17/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Sever and Remand State Law Claims or in the Alternative Remand Entire Action, #2 Notice of Submission of Case Authority in Compliance with Standing Order re Motion to Sever and Remand State Law Claims, #3 Declaration of Jennie Hendrickson, Esq. re Motion to Sever and Remand State Law Claims, #4 Proposed Order re Motion to Sever and Remand State Law Claims) (Pachowicz, Mark) |
| Filing 22 REQUEST FOR JUDICIAL NOTICE RE OPPOSITION OF PLAINTIFF TRACY TOWNER TO SPECIAL MOTION TO STRIKE filed by Plaintiff Tracy Towner. (Pachowicz, Mark) |
| Filing 21 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees #10 filed by Plaintiff Tracy Towner. (Attachments: #1 Declaration of Jennie Hendrickson, Esq. in Support re Opposition re Special Motion to Strike and for Attorney Fees, #2 Declaration of Plaintiff Tracy Towner in Support of Opposition re Special Motion to Strike, #3 Proposed Order re Opposition to Special Motion to Strike)(Pachowicz, Mark) |
| Filing 20 REQUEST FOR JUDICIAL NOTICE RE OPPOSITION OF PLAINTIFF TRACY TOWNER TO MOTION TO DISMISS filed by Plaintiff Tracy Towner. (Pachowicz, Mark) |
| Filing 19 OPPOSITION in Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Certain Claims and Certain Parties #9 filed by Plaintiff Tracy Towner. (Attachments: #1 Notice of Compliance with Local Rule 79-5.2.2(a), #2 Notice of Submission of Case Authority in Compliance with Standing Order re Opposition to Motion to Dismiss [FRCP 12(b)], #3 Proposed Order)(Pachowicz, Mark) |
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Filing 18
ORDER DENYING GRANTING PLAINTIFF'S APPLICATION TO HAVE DOCUMENT FILED UNDER SEAL by Judge Virginia A. Phillips denying #13 APPLICATION: No good cause shown. The application is DENIED. (bm)
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| Filing 17 Opposition in Opposition re: APPLICATION to file document Exhibits under seal #13 filed by Defendants Michael Baray, Michael Baray, County of Ventura, Janice L. Maurizi, Janice L. Maurizi, Michael D. Schwartz, Michael D. Schwartz, Gregory D. Totten, Gregory D. Totten, Ventura County Office of the District Attorney, Edward Zappia. (Attachments: #1 Declaration of Edward Zappia)(Zappia, Edward) |
| Filing 16 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits under seal #13 filed by Plaintiff Tracy Towner. (Attachments: #1 Unredacted Document)(Pachowicz, Mark) |
| Filing 15 DEMAND for Jury Trial filed by Plaintiff Tracy Towner.. (Pachowicz, Mark) |
| Filing 14 CERTIFICATE of Interested Parties filed by Plaintiff Tracy Towner, (Pachowicz, Mark) |
| Filing 13 APPLICATION to file document Exhibits under seal filed by Plaintiff Tracy Towner. (Attachments: #1 Declaration of Jennie Hendrickson, #2 Proposed Order)(Pachowicz, Mark) |
| Filing 12 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #11 RE: Motion #9 , Motion to Strike #10 by Clerk of Court. The document is accepted as filed. (bm) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #9 , Motion to Strike and for Attorney Fees #10 . The following error(s) was/were found: Request for Judicial Notice attachments should be e-filed as separate, stand-alone documents from the motions, using the event Responses/Replies/Other Motion Related Documents-For Judicial Notice 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. (bm) |
| Filing 10 NOTICE OF MOTION AND MOTION to Strike The Third and Ninth Claims and Defendant Zappia and for Attorney's Fees filed by All Defendants Michael Baray(in his official capacity as Chief of the Bureau of Investigation), Michael Baray, County of Ventura, Janice L. Maurizi(in her official capacity), Janice L. Maurizi(individually), Michael D. Schwartz(individually), Michael D. Schwartz(in his official capacity as Deputy District Attorney), Gregory D. Totten(in his official capacity as District Attorney), Gregory D. Totten(individually), Ventura County Office of the District Attorney, Edward Zappia. Motion set for hearing on 6/10/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum Points and Authorities, #2 Declaration Edward Zappia, #3 Request for Judicial Notice, #4 Proposed Order) (Zappia, Edward) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Certain Claims and Certain Parties filed by All Defendants Michael Baray(in his official capacity as Chief of the Bureau of Investigation), Michael Baray, County of Ventura, Janice L. Maurizi(in her official capacity), Janice L. Maurizi(individually), Michael D. Schwartz(individually), Michael D. Schwartz(in his official capacity as Deputy District Attorney), Gregory D. Totten(in his official capacity as District Attorney), Gregory D. Totten(individually), Ventura County Office of the District Attorney, Edward Zappia. Motion set for hearing on 6/10/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Order) (Zappia, Edward) |
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Filing 8
STANDING ORDER by Judge Virginia A. Phillips. (bh)
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| Filing 7 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Jean P. Rosenbluth to Judge Virginia A. Phillips for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Gail J. Standish. The case number will now reflect the initials of the transferee Judges 2:19-cv-03584 VAP (GJSx). (esa) |
| Filing 6 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendants Michael Baray(in his official capacity as Chief of the Bureau of Investigation), Michael Baray, County of Ventura, Janice L. Maurizi(in her official capacity), Janice L. Maurizi(individually), Michael D. Schwartz(individually), Michael D. Schwartz(in his official capacity as Deputy District Attorney), Gregory D. Totten(in his official capacity as District Attorney), Gregory D. Totten(individually), Ventura County Office of the District Attorney, Edward Zappia. (Zappia, Edward) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Jean P. Rosenbluth. (Attachments: #1 CV-11C Statement of Consent to Proceed) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Michael Baray(in his official capacity as Chief of the Bureau of Investigation), Michael Baray, County of Ventura, Does 1 through 20, inclusive, Janice L. Maurizi(in her official capacity), Janice L. Maurizi(individually), Michael D. Schwartz(individually), Michael D. Schwartz(in his official capacity as Deputy District Attorney), Gregory D. Totten(in his official capacity as District Attorney), Gregory D. Totten(individually), Ventura County Office of the District Attorney, Edward Zappia. Jury Demanded., filed by plaintiff Tracy Towner. (FILED IN STATE COURT ON 4/17/2019 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 4 DEMAND for Jury Trial filed by All Defendants Michael Baray, County of Ventura, Janice L Maurizi, Michael D Schwartz, Gregory D. Totten, Edward Zappia.. (Zappia, Edward) |
| Filing 3 NOTICE of Interested Parties filed by Defendant All Defendants, (Zappia, Edward) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Michael Baray, County of Ventura, Janice L Maurizi, Michael D Schwartz, Gregory D. Totten, Edward Zappia. (Zappia, Edward) |
| Filing 1 NOTICE OF REMOVAL from Superior Court for the State of California, County of Ventura, case number 56-2019-00527392-CU-OE-VTA Receipt No: 0973-23640856 - Fee: $400, filed by All Defendants Edward Zappia, Janice L Maurizi, County of Ventura, Michael D Schwartz, Gregory D. Totten, Michael Baray. (Attachments: #1 Exhibit A - Complaint) (Attorney Edward P Zappia added to party Michael Baray(pty:dft), Attorney Edward P Zappia added to party County of Ventura(pty:dft), Attorney Edward P Zappia added to party Janice L Maurizi(pty:dft), Attorney Edward P Zappia added to party Michael D Schwartz(pty:dft), Attorney Edward P Zappia added to party Gregory D. Totten(pty:dft), Attorney Edward P Zappia added to party Edward Zappia(pty:dft))(Zappia, Edward) |
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