Phillip Wasson et al v. Riverside County et al
| Phillip Wasson and Meleade Wasson |
| Riverside County, San Bernardino County, Riverside County DPSS/CPS and Juvenile Probation, San Bernardino County DPSS/CPS and Juvenile Probation, San Diego County, San Diego County DPSS/CPS and Juvenile Probation and DOES 1 thru 10 |
| 5:2006cv00129 |
| February 2, 2006 |
| US District Court for the Central District of California |
| Rosalyn M Chapman |
| Virginia A Phillips |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| None |
Docket Report
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| Filing 43 APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1; RE: Appeal Record Sent to USCA (A-26) 39 (car) |
| Filing 42 JUDGMENT FOLLOWING REMAND by Judge Virginia A. Phillips: Pursuant to the Order following Remand #41 , IT IS ADJUDGED that Judgment shall be entered dismissing with prejudice plaintiffs' claims under the Hobbs act, 18 USC Section 1951 and IT IS FURTHER ORDERED that Judgment shall be entered dismissing without prejudice plaintiffs' other claims. (shb) |
Filing 41
ORDER FOLLOWING REMAND by Judge Virginia A. Phillips: Pursuant to the Order of the Ninth Circuit Court of Appeals, IT IS ORDERED that Judgment be entered dismissinf with prejudice plaintiffs' claims under the Hobbs Act, 18 USC Section 1951 and IT IS FURTHER ORDERED that Judgment be entered dismissing without prejudice plaintiffs' other claims.(shb)
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| Filing 40 MANDATE of 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, #33 , CCA # 06-55925. The appeal is Affirmed in part, Vacated in part, and Remanded. Mandate received in this district on 7/5/07. (car) |
| Filing 39 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-55925 Record consists of 1 volumes; re Appeal to Circuit Court, #33 (lr, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to Circuit Court, #33 (lr, ) |
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Filing 37
ORDER by Judge Virginia A. Phillips, re MOTION for Extension of Time to File 32 is granted.(dmap, )
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| Filing 38 Mail Returned addressed to Nicole Michele Cardoza re #33 Appeal to Circuit Court, (dmap, ) |
| APPEAL FEE PAID: re Appeal to Circuit Court #33 as to Plaintiff Phillip Wasson; Receipt Number: 86827 in the amount of $455. (dmap, ) Modified on 7/18/2006 (lr, ). |
| Filing 36 NOTIFICATION by Circuit Court of Appellate Docket Number 06-55925, 9th CCA regarding Appeal to Circuit Court, #33 filed by Phillip Wasson, Meleade Wasson. (lr, ) |
| Filing 35 MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips: The MOTION for Extension for Extension of Time to File Certificate of Appealability 32 is REFERRED to Magistrate Judge Chapman for a recommendation. (am, ) |
| Filing 34 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court #33 Filed on: 6/16/06; Entered on: 6/27/06; filed by Phillip Wasson, Meleade Wasson. (lr, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court #33 Filed on: 6/16/06 Entered on: 6/27/06 (lr, ) |
| Filing 33 NOTICE OF APPEAL filed by plaintiffs Phillip Wasson, Meleade Wasson. Appeal of Judgment #31 Filed on: 5/18/06; Entered on: 5/19/06; Order Adopting Report and Recommendations #30 Filed On: 5/18/06; Entered On: 5/18/06; Filing fee $ 455; Billed; cc: Phillip and Meleade Wasson; San Diego County Office of the Public Defender, San Diego County Office of the Public Defender Juvenile Division, San Diego County Juvenile Probation, San Diego County Office of Probation, San Diego County Juvenile Justice Commission, Appellate Defenders Inc, Amy Donarico, Christina Chesak,San Diego County Department of Public Social Services/Child Protective Services, San Diego County Office of the County Counsel, San Diego County Office of the Guardian Ad Litem Voice for Children CASA, San Diego County Office of the District Attorney Juvenile, San Diego County Office of Custodian of Records Legal Procedures Liaison, San Diego County Superior Court Clerk/Business Office, San Diego County Office of the District Attorney, San Diego County Community Care Licensing, San Diego County Office of County Counsel Juvenile Division, Rahn Minagawa, Kris Franey, Jeff Rowe, Riverside County Department of Public Social Services/Child Protective Services County Circle Drive, Riverside County Department of Public Social Services/Child Protective Services Kidd Street, Riverside County Department of Public Social Services/ Child Protective Services Hemet, Riverside County Department of Public Social Services/ Child Protective Services hole ave suite 110, Riverside County Department of Public Social Services/Child Protective Services Commerce Center Drive Suite E, Sharon Elizabeth Weaver, Nicole Michele Cardoza, Riverside County Regional Medical Center, Riverside County Office of Probation, Riverside County Office of the District Attorney, Riverside County Office of the County Counsel, Family Solutions Corporate Office, Riverside County Probation SWJ Center/Juvenile Division, Charles Casey - Guardian Ad Litem, Sunshine Sykes-Juvenile Defense Panel, Mayumi Waddy Public Defender, Bruce Williams Public Defender, Phillip Andrew Malisos Public Defender, Riverside County Office of the Guardian Ad Litem, Riverside County Sheriff Department Perris, Riverside County Community Care Licensing, Riverside County Risk Management Division, Riverside County Office of the Public Defender, Mental Health Administration Riverside County, Kerry Davis Psychologist, San Bernardino County Office of the Public Defender, SBD County Juvenile Public Defender Office, San Bernardino County Office of Probation/Juvenile, San Bernardino County Office of Probation, SBD Sheriff Department/Rancho Cucamonga Division, San Bernardino County Office of the Guardian Ad Litem(child Advocate of San Bernardino County, San Bernardino Office of the County Counsel, San Bernardino County Community Care Licensing, San Bernardino County Central Juvenile Services, San Bernardino County Office of the District Attorney, San Bernardino County and San Bernardino County DPSS/CPS, Interim Care, Youlanda Franklin Foster Parent, Christine Campbell Therapist, Martinez Counseling Center, Sharon Heaston M.F.T., Haven Psychological Associates, Colleen Stoebe M.F.T., EE's Residential Treatment Facility, Gardner Family Care Center, Fresno Community Care Licensing, Quality Group Home, Lysia McGuire CPS Attorney, Ken Byrd Attorney, John Vega Attorney, Sharon Cosgrove Attorney, Michael Randall, Sharon Rollo Attorney, Victor C. Marshall Attorney, Lori A. Fields Attorney Appellate Defenders, Seymour Amster Attorney. Modified on 6/28/2006 (lr, ). |
| Filing 32 MOTION for Extension of Time to File Certificate of Appealability filed by plaintiff Phillip Wasson, Meleade Wasson. (lr, ) |
| Filing 31 JUDGMENT by Judge Virginia A. Phillips: pursuant to Order Adopting Report and Recommendations, #30 judgment entered dismissing complaint and acitn with prejudice against all defendants served and unserved (MD JS-6, Case Terminated).(lc, ) |
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Filing 30
ORDER ADOPTING REPORT AND RECOMMENDATIONS (Issued) 27 ; court finds plaintiffs have failed to state a claim upon which relief can be granted against all defendants 6 ; plaintiffs request to amend complaint is denied and judgment be entered dismissing acitonwith prejeucie against all defendants served and unserved by Judge Virginia A. Phillips (lc, ) Modified on 5/19/2006 (lc, ).
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| Filing 27 FINAL REPORT AND RECOMMENDATION issued by Magistrate Judge Rosalyn M. Chapman. See document for further details. (nhac, ) |
| Filing 29 PROOF OF SERVICE - Acknowledgment of Service filed by plaintiffs, re Objection to Magistrate Report and Recommendation 28 , was served on 5/4/06. (rla, ) |
| Filing 28 OBJECTION to Report and Recommendation 23 ; Request to Extend Time to Amend Complaint 1 specific to individual cupability and pending discovery, filed by plaintiffs Phillip Wasson, Meleade Wasson. (rla, ) |
| OBJECTION to Report and Recommendation 23 ; Request to Extend Time to Amend Complaint specific to individual cupability and pending discovery, filed by plaintiffs Phillip Wasson, Meleade Wasson.(rla, ) |
| Filing 26 MINUTES OF IN CHAMBERS ORDER held before Judge Rosalyn M. Chapman :, RE: MOTION to Dismiss Case 11 - ORDER GRANTING NONPARTY TEMECULA VALLEY UNIFIED SCHOOL DISTRICT'S MOTION TO DISMISS. (See Minute Order for Details.) (med, ) |
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Filing 25
ORDER STRIKING FILED DOCUMENT FROM THE RECORD by Judge Rosalyn M. Chapman, re Reply (Motion related) 22 - IT IS HEREBY ORDERED that the following document shall be stricken from the record and shall not be considered by the Court because the document was filed by a nonparty, who is not named as a defendant in either the caption or body of plaintiffs' complaint or the summons. 1) Reply Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs, Phillip and Meleade Wasson's Complaint for Damages Against Colleen Stoebe, MFT, for Failure to State a Cause of Action, filed April 11, 2006. IT IS FURTHER ORDERED that the document shall not be returned to the filing nonparty; however, the Clerk shall note on the case docket that the document was stricken from the record. The Clerk is ORDERED to serve this Orderon the parties and Kerry L. McBride, Donner, Fernandez & Lauby, LLP, 4590 Allstate Drive, Riverside, CA 92501.(med, )
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| Filing 24 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Rosalyn M. Chapman and Lodging of Proposed Judgment and Order. Objections to R&R due by 5/5/2006(med, ) |
| Filing 23 REPORT AND RECOMMENDATION issued by Magistrate Judge Rosalyn M. Chapman. Re Complaint - 1 (med, ) |
| Filing 22 REPLY memorandum of points and authorities in support of MOTION to Dismiss plaintiffs, Phillip and Meleade Wasson's Complaint 14 filed by movant (non-party) Colleen Stoebe.. (mrgo, ) |
| Filing 21 NOTICE of Change of Address changing firm name to Declus, Burkett & Thompson. Filed by non-party Temecula Valley Unified School District (am, ) |
| Filing 20 REPLY to opposition to MOTION to Dismiss Complaint 11 filed ty Temecula Valley Unified School District. (am, ) |
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Filing 17
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Rosalyn M. Chapman ORDERING Plaintiff's objection to defendants Colleen Stobe, Temecula Valley Unified School District, and County of San Bernardino's Motion to Dismiss submitted by Plaintiffs Phillip Wasson, Meleade Wasson received on 4/3/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(med, )
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| Filing 19 PROOF OF SERVICE filed by plaintiffs Phillip Wasson, Meleade Wasson, re Objection to MOTION to Dismiss 18 , was served on 3/30/06. (am, ) |
| Filing 18 OBJECTION to defendants Colleen Stoebe, Temecula Valley Unified School District, and County of San Bernardino MOTION to Dismiss 11 , 6 , 14 filed by plaintiffs Phillip Wasson, Meleade Wasson. (am, ) |
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Filing 13
ORDER STRIKING LODGED AND FILED DOCUMENTS FROM THE RECORD by Judge Rosalyn M. Chapman, IT IS HEREBY ORDERED that the following documents shall be stricken from the record and shall not be considered by the Court because the documents were filed by nonparties, who are not named as defendants in either the caption or body of plaintiffs' complaint. 1. Notice of Motion and Motion to Dismiss Plaintiffs, Phillip and Meleade Wasson's Complaint for Damages Against Colleen Stoebe, MFT, filed 3-16-06; 2. (PROPOSED) Order on Motion to Dismiss Plaintiffs, Phillip and Meleade Wasson's Complaint for Damages Against Colleen Stoebe, MFT, lodged March 16, 2006. IT IS FURTHER ORDERED that the documents shall not be returned to the filing nonparties; however, the Clerk shall note on the case docket that the documents are stricken from the record. (med, )
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| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss plaintiffs, Phillip and Meleade Wasson's Complaint filed by non party, Colleen Stoebe, MFT Motion set for hearing on 4/13/2006 at 09:00 AM before Magistrate Judge Rosalyn M. Chapman. Lodged Proposed Order. (med, ) |
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Filing 10
MINUTES OF IN CHAMBERS ORDER by Judge Rosalyn M. Chapman : TEMECULA VALLEY UNIFIED SCHOOL DISTRICT'S MOTION TO DISMISS COMPLAINT - The hearing noticed by Temecula Valley Unified School District on its motion to dismiss, scheduled for April 12, 2006, IS ORDERED TAKEN OFF CALENDAR, and pursuant to Local Rule 7-15, the matter will be decided in Chambers without oral argument. The plaintiffs ARE ORDERED to file an opposition to the School District's motion, if any, no later than March 30, 2006, and the movant may file a reply to the opposition, no later than ten (10) days after receipt of the opposition. The Clerk shall serve this Order on the parties. (med, )
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| DOCUMENT Party Temecula Valley Unified School District was deleted from the docket sheet for the following reason: per e.mail request dated 3/23/06 of M. Eugene crd to RC.(la, ) |
| Filing 12 CERTIFICATE of Interested Parties filed by Defendant Temecula Valley Unified School District. (jp, ) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by defendant Temecula Valley Unified School District. Motion set for hearing on 4/12/2006 at 09:30 AM before Magistrate Judge Rosalyn M. Chapman. (bp, ) |
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Filing 9
ORDER by Judge Rosalyn M. Chapman,ORDER STRIKING LODGED AND FILED DOCUMENTS FROM THE RECORD - Whereas, the documents listed below were improperly lodged and filed, IT IS HEREBY ORDERED that the following documents shall be stricken from the record and shall not be considered by the Court because the documents were filed by nonparties, who are not named as defendants in either the caption or body of plaintiffs' complaint. 1) Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief can be Granted, filed March 10, 2006; 2) Certification as to Interested Parties, filed March 10, 2006; and 3) (Proposed) Memorandum of Undisputed Material Facts and Conclusions of Law in Support of Motion for Summary Judgment, Lodged March 10, 2006. IT IS FURTHER ORDERED that the documents shall not be returned to the filing nonparties; however, the Clerk shall note on the case docket that the documents are stricken from the record. The Clerk is ORDERED to serve theis Order on the parties and Richard R. Clouse, Cihigoyenetche, Grossberg & Clouse, 8038 Haven Avenue, Suite E, Rancho Cucamonga, CA 91730.(med, )
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| Filing 16 CERTIFICATION as to interest parties filed by not named defendant in the original complaint and currently not a party to the action: Sharon Lawrence, Voices for Children Cass, Marilyn Yeates, Casa for Riverside County Inc., Jenna Colburn and Casa for San Bennardino County Inc. (am, ) |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case for failure to state a claim upon which relief can be granted FRCP 12(b)(6) or in the alternative for a more definitive statement FRCP 12 or for summary judgement FRCP 56 (3); Memorandum of points and authorities, Demand for Jury trial. #9 filed by not named defendantin the original complaint and currently not a party to the action: Sharon Lawrence, Voices for Children Cass, Marilyn Yeates, Casa for Riverside County Inc., Jenna Colburn and Casa for San Bennardino County Inc. Lodged Findings of fact. (la, ) |
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Filing 8
MINUTES OF IN CHAMBERS ORDER by Judge Rosalyn M. Chapman : MOTION TO DISMISS BROUGHT BY DEFENDANTS SAN BERNARDINO COUNTY AND SAN BERNARDINO COUNTY DPSS/CPS - The hearing noticed by defendants San Bernardino County and San Bernardino County DPSS/CPS on their motion to dismiss, scheduled for April 10, 2006, IS ORDERED TAKEN OFF CALENDAR, and pursuant to Local Rule 7-15, the matter will be decided in Chambers without oral argument. The plaintiffs ARE ORDERED to file an opposition, if any, to defendants' motion no later than March 31, 2006, and defendants may file a reply to said opposition no later than April 14, 2006. (med, )
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| Filing 7 NOTICE of Interested Parties filed by Defendants San Bernardino County, San Bernardino County DPSS/CPS and Juvenile Probation. (am, ) |
| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Complaint for failure to state a cause of action against the moving defenants for which relief can be granted; Memorandum of points and authorities; declaration of Robert P. Karwin in support thereof pursuant to FRCP 12(b)(6). filed by defendants San Bernardino County, San Bernardino County DPSS/CPS and Juvenile Probation. Motion set for hearing on 4/10/2006 at 10:00 AM before Judge Virginia A. Phillips. (am, ) |
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Filing 4
ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge Virginia A. Phillips. Reference of discovery to Magistrate Judge Stephen G. Larson is vacated. Case transferred to the calendar of Magistrate Judge Virginia A. Phillips and Rosalyn M. Chapman for Report and Recommendation. Case number now reads as ED CV 06-129 VAP (RC).(la, )
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Filing 5
NOTICE OF DISCREPANCY AND ORDER: by Judge Virginia A. Phillips, ORDERING Proof of Service of Summons and complaint submitted by Plaintiffs Phillip Wasson, Meleade Wasson received on 2/8/06 is not to be filed but instead rejected. Denial based on: No copy provided for judge; Case number not on document.(am, )
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Filing 3
STANDING ORDER by Judge Virginia A. Phillips. See Order for further information.(ri, )
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| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Phillip Wasson, Meleade Wasson. (am, ) |
| Filing 1 COMPLAINT against defendants DOES, Riverside County, San Bernardino County, Riverside County DPSS/CPS and Juvenile Probation, San Bernardino County DPSS/CPS and Juvenile Probation, San Diego County, San Diego County DPSS/CPS and Juvenile Probation.(Filing fee $ 250), filed by plaintiffs Phillip Wasson, Meleade Wasson.(am, ) |
| 20 Day Summons Issued re Complaint - (Discovery) 1 as to Riverside County, San Bernardino County, Riverside County DPSS/CPS and Juvenile Probation, San Bernardino County DPSS/CPS and Juvenile Probation, San Diego County, San Diego County DPSS/CPS and Juvenile Probation. (am, ) |
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