Guillermo Acosta v. Andrew Saul et al
| Guillermo Acosta, JR. |
| Commissioner Andrew Saul, Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Does 1-10, Inclusive and Andrew Saul |
| 2:2021cv05974 |
| July 23, 2021 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| John F Walter |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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Filing 23
MINUTES (IN CHAMBERS) ORDER GRANTING FEDERAL DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT [filed 8/23/2021; Docket No. #18 ] by Judge John F. Walter. After considering the requisite factors, and for the reasons stated in Defendants' Reply, Defendants' Motion is GRANTED. Plaintiff's Complaint is DISMISSED with prejudice except as to claims alleged against the Commissioner of the Social Security Administration under Title VII, which are DISMISSED without prejudice. (MD JS-6. Case Terminated) (iv)
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| Filing 22 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT #18 filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul. (Attachments: #1 Proof of Service)(Tursi, Joseph) |
| Filing 21 DECLARATION of LEAD TRIAL COUNSEL RE: COMPLIANCE WITH LOCAL RULES GOVERNING ELECTRONIC FILING re Initial Order upon Filing of Complaint - form only #8 filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul. (Attachments: #1 Proof of Service)(Tursi, Joseph) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Robyn-Marie L Monteleone counsel for Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul. Roby-Marie Lyon Monteleone is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Andrew Saul, Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez. (Attachments: #1 Proof of Service)(Monteleone, Robyn-Marie) |
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Filing 19
NOTICE OF DISCREPANCY AND ORDER: by Judge John F. Walter, ORDERING Letter dated 8/12/2021 submitted by Plaintiff Guillermo Acosta, Jr received on 8/19/2021 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.5 No letters to the judge. (iv)
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| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS COMPLAINT filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul. Motion set for hearing on 9/27/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Jesse Gallegos, #2 Declaration of Moneka Gillis, #3 Proposed Order, #4 Proof of Service) (Monteleone, Robyn-Marie) |
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Filing 17
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 10/7/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 10/14/2022 at 8:00 AM. Jury Trial set for 10/25/2022 at 8:30 AM. (iv)
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Filing 16
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on August 30, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: June 6, 2022. The Joint Report re: Results of Settlement Conference due on: June 10, 2022. (iv)
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| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul.. (Attachments: #1 Proof of Service)(Tursi, Joseph) |
| Filing 14 STATEMENT (Joint) FOLLOWING RULE 7-3 CONFERENCE filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul (Tursi, Joseph) |
| Filing 13 DECLARATION OF LEAD TRIAL COUNSEL RE: COMPLIANCE WITH LOCAL RULES GOVERNING ELECTRONIC FILING filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul (Attachments: #1 Proof of Service)(Monteleone, Robyn-Marie) |
| Filing 12 SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul. (Attachments: #1 Proof of Personal Service, #2 Notice of Case Management Conference, #3 Amendment to Complaint, #4 Summons on Complaint, #5 First Amended Complaint, #6 Notice of Case Assignment, #7 Civil Case Cover Sheet, #8 Complaint, #9 Proof of Service)(Monteleone, Robyn-Marie) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to re Amended Complaint, filed by Defendant Jesse Gallegos, Nancy A. Berryhill, Andrew Saul, Gary Gonzalez.(Tursi, Joseph) |
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Filing 10
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for August 30, 2021, at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before August 18, 2021. (iv)
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Filing 9
SELF-REPRESENTATION ORDER by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
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Filing 8
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph William Tursi counsel for Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul. Adding Joseph W. Tursi as counsel of record for Defendants Andrew Saul, Commissioner of the Social Security Administration, Nancy A. Berryhill, former Acting Commissioner of the Social Security Administration, Jesse Gallegos, and Gary Gonzalez for the reason indicated in the G-123 Notice. Filed by Defendant Defendants Andrew Saul, Commissioner of the Social Security Administration, Nancy A. Berryhill, former Acting Commissioner of the Social Security Administration, Jesse Gallegos, and Gary Gonzalez. (Attorney Joseph William Tursi added to party Nancy A. Berryhill(pty:dft), Attorney Joseph William Tursi added to party Jesse Gallegos(pty:dft), Attorney Joseph William Tursi added to party Gary Gonzalez(pty:dft), Attorney Joseph William Tursi added to party Andrew Saul(pty:dft))(Tursi, Joseph) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jean P. Rosenbluth. (ghap) |
| Filing 3 CERTIFICATE OF SERVICE filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul, OF NOTICE TO STATE COURT AND ADVERSE PARTY OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT served on 7/23/2021. (Monteleone, Robyn-Marie) |
| CONFORMED FILE COPY OF FIRST AMENDED COMPLAINT against Defendants Nancy A. Berryhill, Does 1-10, inclusive, Jesse Gallegos, Gary Gonzalez, Andrew Saul amending Notice of Removal (Attorney Civil Case Opening), #1 , filed by plaintiff Guillermo Acosta, Jr. (FILED IN STATE COURT ON 6/15/2021 SUBMITTED ATTACHED EXHIBIT 1)(ghap) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Nancy A. Berryhill, Jesse Gallegos, Gary Gonzalez, Andrew Saul. (Monteleone, Robyn-Marie) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 21STCV22131 No Fee Required - US Government, filed by Defendants Jesse Gallegos, Nancy A. Berryhill, Andrew Saul, Gary Gonzalez. (Attachments: #1 Superior Court Complaint, #2 Proof of Service) (Attorney Robyn-Marie L Monteleone added to party Nancy A. Berryhill(pty:dft), Attorney Robyn-Marie L Monteleone added to party Jesse Gallegos(pty:dft), Attorney Robyn-Marie L Monteleone added to party Gary Gonzalez(pty:dft), Attorney Robyn-Marie L Monteleone added to party Andrew Saul(pty:dft))(Monteleone, Robyn-Marie) |
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