Bishoy Hanna v. Josh Freeman Stinn et al
| Bishoy Hanna |
| Josh Freeman Stinn, Crystal Boultinghouse, Sarah Giannella and Does 1 to 10 |
| 2:2024cv00546 |
| January 22, 2024 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Stephanie S Christensen |
| Brianna Fuller Mircheff |
| Fernando M Olguin |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 27
MINUTES (In Chambers) Order Re: First Amended Complaint (ECF 25) by Magistrate Judge Brianna Fuller Mircheff: In the interest of judicial efficiency, the Court will construe Plaintiff's filing of a FAC as a request for leave to amend, and will grant it. Rule 15(a)(2) requires that the court freely grant leave to amend "when justice so requires." Fed. R. Civ. P. 15(a)(2). Because the FAC is now the operative pleading, Defendants' Motions to dismiss the original Complaint (ECF #11 , #14 ) are denied as moot. Plaintiff has not corrected the issues with the prior proof of proper service on Defendant Sarah Giannella or otherwise responded to the Court's order to do so. (ECF 24.) The Court therefore directs the Clerk to issue an amended summons. Plaintiff must serve Ms. Gianella with the FAC and amended summons, and present proof of service to the Court or else risk her dismissal from the case. [See document for further details.] (es)
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| Filing 26 21 DAY Summons Issued re First Amended Complaint, #25 as to Defendant Sarah Giannella. (ch) |
| Filing 25 FIRST AMENDED COMPLAINT against Defendants Crystal Boultinghouse (an individual), Sarah Giannella, Josh Freeman Stinn (in his official/individual capacity as a judge, acting under the color of law); Party Crystal Boultinghouse (an attorney) terminated amending Complaint - (Referred) #1 , filed by Plaintiff Bishoy Hanna(es) |
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Filing 24
MINUTES (In Chambers) Order Re: Service of Summons on Defendant Giannella (ECF 10) by Magistrate Judge Brianna Fuller Mircheff: Plaintiff filed a Proof of Service of the Summons on Ms. Giannella. (ECF 10.) That document reflects that the Summons was served on January 19, 2024-three days before the Complaint was filed and the Summons issued. The Court also notes that, while Mr. Hanna claims he served Ms. Giannella via her attorney Ms. Boultinghouse (ECF 10), Ms. Boultinghouse herself was not served in this case until January 22, 2024 (ECF 8). The Court therefore strikes the proof of service (ECF 10) and orders that no later than March 20, 2024, Mr. Hanna shall file a new proof of service reflecting the accurate date and manner of service on Ms. Giannella-if service has, indeed, been accomplished. [See document for further information.] (es)
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Filing 23
ORDER DENYING MOTION TO CONSOLIDATE [DKTS. 5, 6] by Judge Fernando L. Aenlle-Rocha: The Motion to consolidate proceedings (Dkt. #5 ) is therefore DENIED. The Application to shorten time (Dkt. #6 ) is DENIED as MOOT. [See document for further information.] (es)
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Filing 22
MINUTE ORDER (IN CHAMBERS) Order Re: Motion to Consolidate Related Cases (ECF No. 5) by Magistrate Judge Brianna Fuller Mircheff. The Court, on its own motion, takes Plaintiff's Motion to Consolidate Related Cases (ECF No. 5) set for Tuesday, February 27, 2024, at 1:30 p.m. OFF CALENDAR and under submission. The Court will set a new hearing date if it decides oral argument would behelpful. See Local Rule 7-15. IT IS SO ORDERED. #5 (ch)
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Filing 21
MINUTES (In Chambers) Order Re Defendant Crystal Boultinghouse's Motion to Dismiss Complaint (ECF No. 14) by Magistrate Judge Brianna Fuller Mircheff: re: NOTICE OF MOTION AND MOTION to Dismiss Case #14 . Plaintiff's opposition shall be filed no later than March 21, 2024. Defendant's reply, if any, is due no later than three weeks after service of the opposition. The Court will take the matter under submission without oral argument as of the date Defendants reply is due. The hearing, incorrectly noticed for March 22, 2024, at 1:30 p.m. before District Judge Fernando L. Aenlle-Rocha, is ordered off calendar. [See document for further information.] (es)
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| Filing 20 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Consent to Proceed before US Magistrate Judge - Non-Final #17 The incorrect event was selected during the docketing sequence. The document is a Notice of Interested Parties and re-docketed for accuracy. See Dkt. #19 . (es) |
| Filing 18 PROOF OF SERVICE filed by Defendant Crystal Boultinghouse(an attorney), re Interested Parties #17 , Notice of Lodging #15 , NOTICE OF MOTION AND MOTION to Dismiss Case #14 , Declaration (Motion related ) #16 served on 2/15/2024. (es) |
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Filing 13
MINUTE ORDER (IN CHAMBERS) Order Re: Motion to Dismiss Plaintiff's Complaint (ECF No. 11) by Magistrate Judge Brianna Fuller Mircheff. The Court is in receipt of Defendant the Honorable Josh R. Freeman Stinn, Judge of the Superior Court of California, County of Los Angeles' Motion to Dismiss Plaintiff's Complaint, filed on February 14, 2024. (ECF No. 11.) Plaintiff's opposition shall be filed NO LATER THAN MARCH 15, 2024. Defendant's reply, if any, is due NO LATER THAN THREE WEEKS AFTER SERVICE OF THE OPPOSITION. The Court will take the matter under submission without oral argument as of the date Defendant's reply is due. Plaintiff is advised that failure to oppose a motion may be construed as consent to granting of the motion and may result in the dismissal of the action. Local Rule 7-12. The hearing noticed for April 9, 2024, is ORDERED OFF CALENDAR. IT IS SO ORDERED. #11 (ch)
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| Filing 19 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Crystal (es) |
| Filing 17 [NOTICE OF CLERICAL ERROR ISSUED WRONG EVENT CHOSEN SEE DKT. #20 ] CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Defendant Crystal. (es) Modified on 2/15/2024 (es). |
| Filing 16 DECLARATION OF CRYSTAL BOULTINGHOUSE RE: MEET AND CONFER WITH PLAINTIFF AND COMPENDIUM OF RELEVANT EVIDENCE IN SUPPORT OF MOTION TO DISMISS COMPLAINT #14 filed by Defendants Crystal Boultinghouse, Crystal Boultinghouse. (es) |
| Filing 15 NOTICE OF LODGING Proposed Order Granting Motion to Dismiss filed by Defendant Crystal Boultinghouse re NOTICE OF MOTION AND MOTION to Dismiss Case #14 (Attachments: #1 Proposed Order)(es) |
| Filing 14 DEFENDANT, CRYSTAL BOULTINGHOUSE'S NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT, MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Crystal Boultinghouse. Motion set for hearing on 3/22/2024 at 01:30 PM before Magistrate Judge Brianna Fuller Mircheff. (es) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #11 filed by Defendant Josh Freeman Stinn. (Overton, Sarah) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Josh Freeman Stinn(in his official capacity as a judge, acting under the color of law). Motion set for hearing on 4/9/2024 at 10:00 AM before Magistrate Judge Brianna Fuller Mircheff. (Attachments: #1 Proposed Order) (Attorney Sarah L Overton added to party Josh Freeman Stinn(pty:dft)) (Overton, Sarah) |
| Filing 10 [STRICKEN SEE DKT. #24 ] PROOF OF SERVICE Executed by Plaintiff Bishoy Hanna, upon Defendant Sarah Giannella served on 1/19/2024, answer due 2/9/2024. Service of the Summons and Complaint were executed upon Chystal Boultinghouse (Attorney), designated to accept service of process on behalf or Sara Gianella in compliance with Federal Rules of Civil Procedure by personal service (es) Modified on 3/6/2024 (es). |
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Filing 9
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 2:24-cv-00304 FLA(BFMx). Case transferred from Magistrate Judge Stephanie S. Christensen and Judge Fernando M. Olguin to Judge Fernando L. Aenlle-Rocha and Magistrate Judge Brianna Fuller Mircheff for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:24-cv-00546 FLA(BFMx). Signed by Judge Fernando L. Aenlle-Rocha (rn)
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| Filing 4 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and referred to Magistrate Judge Stephanie S. Christensen. (car) |
| Filing 7 DECLARATION OF COMPLIANCE WITH LR 7-19 & 7-19.1 IN SUPPORT OF EX PARTE APPLICATION #6 filed by Plaintiff Bishoy Hanna. (lom) |
| Filing 6 EX PARTE APPLICATION TO SHORTEN TIME TO HEAR PLAINTIFF'S MOTION TO CONSOLIDATE RELATED CASES PURSUANT TO FRCP 42(A) filed by Plaintiff Bishoy Hanna. (Attachments: #1 [Prop] Order) (lom) |
| Filing 5 Plaintiff's MOTION to Consolidate Related Cases Pursuant to FRCP 42(A) filed by Plaintiff Bishoy Hanna. (es) |
| Filing 3 21 DAY Summons Issued re Complaint - (Referred) #1 as to Defendants Crystal Boultinghouse(an individual), Crystal Boultinghouse(an attorney), Sarah Giannella, Josh Freeman Stinn(in his official capacity as a judge, acting under the color of law), Josh Freeman Stinn(as an individual). (car) |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Bishoy Hanna (car) |
| Filing 1 COMPLAINT filed against Defendants Case assigned to Judge Fernando M. Olguin and referred to Magistrate Judge Stephanie S. Christensen.(Filing fee $405 PAID), filed by Plaintiff Bishoy Hanna. (Attachments: #1 Civil Cover Sheet) (car) |
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