James Carr v. Joyce Eden Dudley et al
| JAMES CARR |
| JOYCE EDEN DUDLEY, BRIAN JOSEPH COTA, DANIEL McGREW, KRISTIN SHAMORDOLA and 10 Unknown Named Defendants |
| 2:2022cv04897 |
| July 18, 2022 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Mark C Scarsi |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 28 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER GRANTING MOTION TO DISMISS #15 . Defendants Joyce Eden Dudley, Brian Joseph Cota, Daniel McGrew, andKristin Shamordola move the Court to dismiss all claims in Plaintiff James Carr's complaint. Plaintiff opposed the motion, and Defendants filed a reply. The Court deems the motion appropriate for decision without oral argument.The Court grants the motion. The Court grants Plaintiff leave to amend the Fourth Amendment claims related to the seizure of his person, the defamation-plus claim, and the RICO claim. The Court denies leave to amend for the FourthAmendment claims related to the seizure of the cell phone. Plaintiff may file an amended complaint no later than 14 days from the date of this Order, if he can do so consistent with Federal Rule of Civil Procedure 11(b) and this Order. Failure to file a timely amended complaint will waive the right to do so. Leave to add new defendants or claims must be sought by a separate, properly noticed motion. (lc) |
Filing 27
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #24 filed by James Carr. CCA # 22-55810. The appeal filed August 30, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. SEE DOCUMENT FOR BRIEFING SCHEDULE AND DEADLINES AND OTHER DETAILS. (lc)
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| Filing 26 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55810 assigned to Notice of Appeal to 9th Circuit Court of Appeals #24 (lc) |
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Filing 25
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #17 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Dismiss Case (ECF No. #17 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on September 12, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 24 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by PLAINTIFF James Carr. Appeal of Order on Motion for Preliminary Injunction,, #22 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33896953.) (Yagman, Stephen) |
| Filing 23 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendants Brian Joseph Cota, Joyce Eden Dudley, Daniel McGrew, Kristin Shamordola. (Kim, Callie) |
| Filing 22 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi:ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION #15 . Plaintiff James Carr moved for a preliminary injunction requiring Defendants Joyce Eden Dudley, Brian Joseph Cota, Daniel McGrew, and Kristin Shamordola to return to Plaintiff his cell phone. The Court deems the matter appropriate for decision without oral argument. Defendants move for sanctions in their opposition. (Oppn 910.) Plaintiff requests sanctions in his reply. (Reply 3.) All affirmative requests for relief must be presented by motion. Parties may file independent motions for sanctions. The Court denies the motion preliminary injunction. The Court denies as moot Defendants' request for judicial notice. (lc) |
| Filing 21 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Plaintiff James Carr. (Yagman, Stephen) |
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Filing 20
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #15 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion for Preliminary Injunction re Prohibit Defendants From Retaining Plaintiff's Cell Phone (ECF No. #15 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on August 29, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 19 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re PROHIBIT DEFENDANTS FROM RETAINING PLAINTIFF'S CELL PHONE #15 filed by Plaintiff James Carr. (Yagman, Stephen) |
| Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #17 filed by Defendants Brian Joseph Cota, Joyce Eden Dudley, Daniel McGrew, Kristin Shamordola. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kim, Callie) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Brian Joseph Cota, Joyce Eden Dudley, Daniel McGrew, Kristin Shamordola. Motion set for hearing on 9/12/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum In Support of Motion to Dismiss, #2 Declaration of Callie Kim In Support of Motion to Dismiss, #3 Proposed Order) (Kim, Callie) |
| Filing 16 OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re PROHIBIT DEFENDANTS FROM RETAINING PLAINTIFF'S CELL PHONE #15 Response in Opposition to Motion filed by Defendants Brian Joseph Cota, Joyce Eden Dudley, Daniel McGrew, Kristin Shamordola. (Attachments: #1 Exhibit Request for Judicial Notice in Support of Opposition to Preliminary Injunction)(Attorney Callie Patton Kim added to party Brian Joseph Cota(pty:dft), Attorney Callie Patton Kim added to party Joyce Eden Dudley(pty:dft), Attorney Callie Patton Kim added to party Daniel McGrew(pty:dft), Attorney Callie Patton Kim added to party Kristin Shamordola(pty:dft))(Kim, Callie) |
| Filing 15 NOTICE OF MOTION AND MOTION for Preliminary Injunction re PROHIBIT DEFENDANTS FROM RETAINING PLAINTIFF'S CELL PHONE filed by Plaintiff James Carr. Motion set for hearing on 8/29/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order) (Yagman, Stephen) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff James Carr, upon Defendant All Defendants. in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Yagman, Stephen) |
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Filing 13
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-03576-MCS (PVCx). Case transferred from Judge Dolly M. Gee and Magistrate Judge Alexander F. MacKinnon to Judge Mark C. Scarsi and Magistrate Judge Pedro V. Castillo for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-04897-MCS (PVCx). Signed by Judge Mark C. Scarsi. (et)
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| Filing 11 Correct attorney re-filing original complaint, re: Deficiency in Attorney Case Opening - optional html form, #10 , Complaint (Attorney Civil Case Opening) #1 (Yagman, Stephen) |
| Filing 10 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): It appears Attorney Joseph Reichmann CM/ECF login was used to e-file the Complaint in this case for Stephen Yagman the attorney who actually represents the Plaintiff. Joseph Reichmann did not sign the Complaint, nor is mentioned anywhere in any document filed in this case. This substitute e-filing practice violates Local Rule 5-4.3.4(e). (sh) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants 10 Unknown Named Defendants, Brian Joseph Cota, Joyce Eden Dudley, Daniel McGrew, Kristin Shamordola. (sh) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alexander F. MacKinnon. (sh) |
| Filing 5 CIVIL COVER SHEET filed by Plaintiff JAMES CARR. (Reichmann, Joseph) |
| Filing 4 STATEMENT OF INTERESTED PARTIES of Interested Parties filed by PLAINTIFF JAMES CARR, (Reichmann, Joseph) |
| Filing 3 NOTICE of Related Case(s) filed by PLAINTIFF JAMES CARR. Related Case(s): 2:22-cv-03576-MCS (Reichmann, Joseph) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by PLAINTIFF JAMES CARR. (Reichmann, Joseph) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33646441 - Fee: $402, filed by PLAINTIFF JAMES CARR. (Attorney Joseph Reichmann added to party JAMES CARR(pty:pla))(Reichmann, Joseph) |
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