Gennady Dolzhenko et al v. City of Los Angeles, California et al
| Gennady Dolzhenko and Zinaida Doljenko |
| Does 1-10, Chief Michel Moore, Det. Joseph Hampton, Capt. Rafael Ramirez, Assistant Chief Robert Arcos, Sgt. Jeff Beck, Sgt. Matt Ethridge, Lt. Robert Toledo, City of Los Angeles, California, Capt. Richard Gabaldon, Mejia, -, Herrera, -, Michel Moore and Georgeson |
| 2:2021cv02088 |
| March 5, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Gail J Standish |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 16
MINUTE ORDER IN CHAMBERS by Magistrate Judge Gail J. Standish re: Request to Proceed In Forma Pauperis #10 , First Amended Complaint, #7 , Certificate/Notice of Interested Parties #11 , Request to Proceed In Forma Pauperis #9 , Request for Order for Summons #13 . On March 29, 2021, the Clerk's Office received various documents from Plaintiffs electronically, including a complaint and requests to proceed in forma pauperis. A review of the March 29 complaint, in comparison to the Complaint in this action, revealed that both pleadings stem from the same incident and seek to assert federal civil rights and state law tort claims against many of the same defendants. "Plaintiffs generally have 'no right to maintain two separate actions involving the same subject matter at the same time in the same court and against the same defendant.'" Adams v. Calif. Dept of Health Services, 487 F.3d 684, 688 (9th Cir. 2007) (citation omitted) (affirming the dismissal of a later-filed duplicative lawsuit). A plaintiff must bring one action against a party or privies relating to the same transaction or event. Id. at 693. Given this rule, the Court assumed that the complaint received on March 29, 2021, was intended to serve as an amended complaint in this action, and directed that it be so filed in this case, along with the documents submitted with it. Accordingly, the documents received on March 29, 2021, were filed and docketed in this case as Nos. 7, 9-11, and 13. Accordingly, the Clerk's Office is DIRECTED to strike Docket Nos. 7, 9-11, and 13 from this action. Those same documents, which were received from Plaintiffs electronically on March 29, 2021, shall be utilized to initiate a new case, bearing a distinct case number, and shall be filed within that new case. As with this action, Plaintiffs are seeking leave to proceed on an in forma pauperis basis in the new case. (efc)
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Filing 15
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Gail J. Standish, ORDERING Civil Cover Sheet submitted by Plaintiffs Zinaida Doljenko, Gennady Dolzhenko received on 3/29/2021 is not to be filed but instead rejected. Denial based on: Other than signatures, submitted document is blank and not filled out. (es)
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Filing 14
MINUTE ORDER IN CHAMBERS by Magistrate Judge Gail J. Standish re Pendency of Screening of the First Amended Complaint and Service of Process. On March 29, 2021, Plaintiffs filed a First Amended Complaint [Dkt. 7] and new Requests to Proceed In Forma Pauperis [Dkts 9-10]. The Court's prior advice remains in effect. Given the Requests to Proceed In Forma Pauperis, 28 U.S.C. 1915(a) and (e)(2) mandate that this Court review the Requests and screen the First Amended Complaint before this action will be authorized to proceed. Screening will occur and be completed as soon as is feasible. Unless and until the Requests are granted and Plaintiffs thereby are authorized to proceed with this action on an in forma pauperis basis, Plaintiffs may not proceed with service of process (efc)
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| Filing 12 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Summons Issued #8 The summons was issued prematurely in error and is to be disregarded. (es) |
| Filing 8 [NOTICE OF CLERICAL ERROR ISSUED 03/31/2021] 21 DAY Summons Issued re Amended Complaint, #7 as to Defendant(s) City of Los Angeles, California, Matt Ethridge, Georgeson, Herrera, Mejia, Michel Moore(individual capacity), Michel Moore(Chief, official capacity). (es) Modified on 3/31/2021 (es). |
| Filing 13 (STRICKEN PURSUANT TO COURT ORDER) REQUEST FOR SUMMONS filed by plaintiff Zinaida Doljenko, Gennady Dolzhenko. (es) Modified on 4/1/2021 (efc). |
| Filing 11 (STRICKEN PURSUANT TO COURT ORDER) CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Zinaida Doljenko, Gennady Dolzhenko, (es) Modified on 4/1/2021 (efc). |
| Filing 10 (STRICKEN PURSUANT TO COURT ORDER) REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by plaintiff Gennady Dolzhenko. (es) Modified on 4/1/2021 (efc). |
| Filing 9 (STRICKEN PURSUANT TO COURT ORDER) REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by plaintiff Zinaida Doljenko. (es) Modified on 4/1/2021 (efc). |
| Filing 7 (STRICKEN PURSUANT TO COURT ORDER) FIRST AMENDED COMPLAINT against Defendant City of Los Angeles, California, Matt Ethridge, Michel Moore, individual/official, Mejia, Herrera, Georgeson; Party Richard Gabaldon, Joseph Hampton, Rafael Ramirez, Robert Toledo, Robert Arcos and Jeff Beck terminated amending Complaint - (Referred), #1 , filed by plaintiff Zinaida Doljenko, Gennady Dolzhenko(es) Modified on 4/1/2021 (efc). |
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Filing 6
MINUTE ORDER IN CHAMBERS by Magistrate Judge Gail J. Standish Re: Pendency of Screening of the Complaint and Service of Process. On March 9, 2021, the Court was assigned to this action, including to review Plaintiffs' Complaint [Dkt. 1] and Requests to Proceed In Forma Pauperis [Dkts. 3-4]. Plaintiffs are advised that, in light of the Requests, 28 U.S.C. 1915(a) and (e)(2) require the Court to review the Requests and screen the Complaint before this action will be authorized to proceed, and the Court presently is undertaking these efforts. Plaintiffs are advised that, unless and until the Requests are granted and Plaintiffs thereby are authorized to proceed with this action on an in forma pauperis basis, Plaintiffs may not proceed with service of process. (efc)
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| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and referred to Magistrate Judge Gail J. Standish. (et) |
| Filing 4 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff Zinaida Doljenko. (et) |
| Filing 3 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff Gennady Dolzhenko. (et) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Zinaida Doljenko, Gennady Dolzhenko. (et) |
| Filing 1 COMPLAINT filed against Defendants Robert Arcos, Jeff Beck, City of Los Angeles, California, Does 1-10, Matt Ethridge, Richard Gabaldon, Joseph Hampton, Michel Moore, Rafael Ramirez, Robert Toledo. Case assigned to Judge Dale S. Fischer and referred to Magistrate Judge Gail J. Standish., filed by Plaintiffs Zinaida Doljenko, Gennady Dolzhenko. (Attachments: #1 Civil Cover Sheet, #2 Summons) (et) |
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