David Hillman, III et al v. County of Los Angeles et al
| David Hillman, III, The Estate of David McKnight-Hillman, by and through it's Personal Representative, David Hillman, III and The Estate of David McKnight-Hillman |
| County of Los Angeles, Bobby D. Cagle, Virginia Pryor, Wayfinder Family Services, Miki Jordan, Jay Allen, Ani Sargsyan, Good Guard Security, Inc. and Does 1 through 200, inclusive |
| 2:2022cv06278 |
| September 2, 2022 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Dale S Fischer |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 REPLY Reply in Opposition NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can Be Granted [FRCP 12(b)(6)] #22 filed by Defendant Wayfinder Family Services. (Friedenthal, Daniel) |
Filing 33
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dale S. Fischer. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 8/14/23. (rfi)
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Filing 32
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 10/16/2023 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 11/7/2023 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 31 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 30 DECLARATION of Jill Williams re Text Only Scheduling Notice,,,,,,,,,,, 26 filed by Defendant County of Los Angeles. (Williams, Jill) |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendant County of Los Angeles.. (Attachments: #1 Exhibit A)(Williams, Jill) |
| Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can Be Granted [FRCP 12(b)(6)] #22 filed by Plaintiff David Hillman, III. (Smith, Timaiah) |
| Filing 27 DECLARATION of Daniel R. Friedenthal re Text Only Scheduling Notice,,,,,,,,,,, 26 filed by Defendant Wayfinder Family Services. (Friedenthal, Daniel) |
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Filing 26
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow the rules and orders of this Court. Counsel have failed to comply with the Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state the name of that person (only if the person is an attorney) and the position of that person (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. If no Report was filed, the declaration must state who was (1) responsible for calendaring the date for meeting with counsel and filing the Report, (2) responsible for responsible for meeting with opposing counsel, and (3) responsible for filing the Report. The same information as to name and position must be provided as well as an explanation as to why no Report was filed. In addition, the parties are ordered to review the Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the Weeks before trial column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with the rules and orders of this Court, and the rules and orders of the Central District, will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 Days, filed by Defendant County of Los Angeles.. (Attachments: #1 Exhibit A)(Williams, Jill) |
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Filing 24
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer re Motion to Dismiss Case Complaint for Damages #9 . The Court, on its own motion, continues the hearing on this motion to 11/14/2022 at 01:30 PM before Judge Dale S. Fischer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can Be Granted [FRCP 12(b)(6)] #22 filed by Defendant Wayfinder Family Services. (Friedenthal, Daniel) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief Can Be Granted [FRCP 12(b)(6)] filed by Defendant Wayfinder Family Services. Motion set for hearing on 11/14/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Friedenthal, Daniel) |
| Filing 21 REPLY TO PLAINTIFS' OPPOSITION TO NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT FOR DAMAGES #9 filed by Defendant County of Los Angeles. (Williams, Jill) |
| Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT FOR DAMAGES #9 filed by Plaintiff David Hillman, III. (Smith, Timaiah) |
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Filing 19
TEXT ONLY ENTRY (IN CHAMBERS) ORDER ADVANCING HEARING by Judge Dale S. Fischer. The Court advances the Motion to Dismiss #9 originally set for 10/26/2022 at 9:30 a.m. to 10/24/2022 at 01:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk)
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 10/24/2022 at 11:00 AM before Judge Dale S. Fischer. (pk)
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Filing 17
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (pk)
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| Filing 16 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Michael R. Wilner to Judge Dale S. Fischer for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Patricia Donahue. The case number will now reflect the initials of the transferee Judges 2:22-cv-06278 DSF(PDx). (rn) |
| Filing 15 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Smith, Timaiah) |
| Filing 14 STATEMENT of Consent to Proceed Before a United States Magistrate Judge (Friedenthal, Daniel) |
| Filing 13 Notice of Errata re Stipulation to Extend Time for Defendant, Wayfinder Family Services, to Respond to the Complaint by Not More Than 30 Days (L.R. 8-3) filed by Defendant Wayfinder Family Services. (Friedenthal, Daniel) |
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Filing 12
ORDER RE: MOTION IN DIRECT ASSIGNMENT PROGRAM ACTION by Magistrate Judge Michael R. Wilner: The parties are entitled to exercise or withhold consent to magistrate judge jurisdiction at their discretion without adverse consequence. However, the parties are advised that the matter will automatically be randomly reassigned to a different judge (and the pending hearing date will be vacated) if the Court does not receive full consent from all parties by September 19. (et)
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| Filing 11 STIPULATION Extending Time to Answer the complaint as to Wayfinder Family Services answer now due 10/12/2022, re Complaint - (Discovery), filed by Defendant Wayfinder Family Services.(Friedenthal, Daniel) |
| Filing 10 Certification and NOTICE of Interested Parties filed by Defendant Wayfinder Family Services, identifying David Hillman, III; The Estate of David McKnight-Hillman; Wayfinder Family Services; Nonprofit Insurance Alliance. (Attorney Daniel R Friedenthal added to party Wayfinder Family Services(pty:dft))(Friedenthal, Daniel) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case COMPLAINT FOR DAMAGES filed by Defendant County of Los Angeles. Motion set for hearing on 10/26/2022 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Proposed Order) (Williams, Jill) |
| Filing 8 AMENEDED NOTICE of Interested Parties filed by Defendant County of Los Angeles, (Williams, Jill) |
| Filing 7 NOTICE OF ERRATA filed by Defendant County of Los Angeles. correcting Notice of Removal (Attorney Civil Case Opening), #1 , Notice (Other) #4 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Proof of Service (subsequent documents) #5 (Williams, Jill) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Michael R. Wilner. (Attachments: #1 CV-11C) (sh) |
| CONFORMED E-FILED COPY OF SUMMONS AND COMPLAINT against Defendants Jay Allen, Bobby D. Cagle, County of Los Angeles, Does, Good Guard Security, Inc., Miki Jordan, Virginia Pryor, Ani Sargsyan, Wayfinder Family Services. Jury Demanded., filed by Plaintiffs The Estate of David McKnight-Hillman, David Hillman, III.[FILED IN STATE COURT 01/18/2022 SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendants Bobby D. Cagle, County of Los Angeles, Virginia Pryor, re Notice (Other) #4 served on September 2, 2022. (Foster, Danielle) |
| Filing 4 Notice TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT filed by Defendants Bobby D. Cagle, County of Los Angeles, Virginia Pryor. (Foster, Danielle) |
| Filing 3 NOTICE of Interested Parties filed by Defendants Bobby D. Cagle, County of Los Angeles, Virginia Pryor, (Foster, Danielle) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Bobby D. Cagle, County of Los Angeles, Virginia Pryor. (Foster, Danielle) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California, case number 22STCV01775 Receipt No: ACACDC-33921448 - Fee: $402, filed by Defendants Bobby D. Cagle, County of Los Angeles, Virginia Pryor. (Attachments: #1 Exhibit A) (Attorney Danielle C Foster added to party Bobby D. Cagle(pty:dft), Attorney Danielle C Foster added to party County of Los Angeles(pty:dft), Attorney Danielle C Foster added to party Virginia Pryor(pty:dft))(Foster, Danielle) |
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