Alexander Cooper, Jr. v. City of Hesperia et al
| Alexander Cooper, Jr |
| City of Hesperia, Joann Chavis, DOES 1 through 10, inclusive, Lewis Chavis and Christopher Chavis |
| 5:2015cv01665 |
| August 18, 2015 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Sheri Pym |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on April 28, 2017. A more recent docket listing may be available from PACER.
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Filing 123
ORDER GRANTING Joint Stipulation for Dismissal of Entire Action With Prejudice #122 by Judge Michael W. Fitzgerald that The entire action is hereby dismissed with prejudice; Plaintiff Alexander Cooper, Jr. and Defendant City of Hesperia will bear their own attorney fees and costs of suit, with respect to each other, as accrued through the date of this order. (Made JS-6. Case Terminated.) (jp)
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| Filing 122 Joint STIPULATION to Dismiss Case pursuant to Settlement filed by Defendants City of Hesperia. (Attachments: #1 Proposed Order)(Christiansen, Allen) |
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Filing 121
ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: In light of the Notice of Pending Settlement filed March 24, 2017, the Court sets a hearing on Order To Show Cause Re Dismissal for May 1, 2017 at 11:30 a.m. If a stipulated dismissal is filed prior to this date, the matter will be taken off calendar and no appearance is needed. All other dates are hereby vacated. IT IS SO ORDERED. (cw)
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| Filing 120 NOTICE of Pending Settlement filed by Defendants City of Hesperia. (Christiansen, Allen) |
| Filing 119 Joint STIPULATION to Continue MSJ Hearing from 4/10/2017 to 4/24/2017 filed by Defendants City of Hesperia. (Attachments: #1 Proposed Order)(Christiansen, Allen) |
| Filing 118 DECLARATION of Marc Grossman in opposition to NOTICE OF MOTION AND MOTION for Summary Judgment Or, in the Alternative, Partial Summary Judgment #113 filed by Plaintiff Alexander Cooper, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Grossman, Marc) |
| Filing 117 OPPOSITION Alexander Cooper's Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment Or, in the Alternative, Partial Summary Judgment #113 filed by Plaintiff Alexander Cooper, Jr. (Attachments: #1 Separate Statement)(Grossman, Marc) |
| Filing 116 NOTICE OF LODGING filed re Notice of Manual Filing (G-92) #115 , NOTICE OF MOTION AND MOTION for Summary Judgment Or, in the Alternative, Partial Summary Judgment #113 (Christiansen, Allen) |
| Filing 115 NOTICE of Manual Filing filed by Defendant City of Hesperia of DVD. (Christiansen, Allen) |
| Filing 114 DECLARATION of Declarations & Exhibits In Support of Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment Or, in the Alternative, Partial Summary Judgment #113 filed by Defendant City of Hesperia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Christiansen, Allen) |
| Filing 113 NOTICE OF MOTION AND MOTION for Summary Judgment Or, in the Alternative, Partial Summary Judgment filed by Defendant City of Hesperia. Motion set for hearing on 4/10/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Separate Statement, #3 Proposed Order, #4 Proposed Judgment, #5 Proof of Service) (Christiansen, Allen) |
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Filing 112
ORDER Re Joint Stipulation for Dismissal of Defendants Pursuant to FRCP 41(a)(1)(A)(ii) #110 by Judge Michael W. Fitzgerald that this action is dismissed in its entirety with prejudice as to Defendants Lewis Chavis, Christopher Chavis and Joann Chavis; and Each party bears his or her own attorneys fees and costs. (jp)
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| Filing 111 NOTICE OF LODGING filed re Stipulation to Dismiss Party #110 (Attachments: #1 Proposed Order Re Joint Stipulation for Dismissal of Defendants Joann Chavis, Lewis Chavis, and Christopher Chavis)(Cook, Mercedes) |
| Filing 110 Joint STIPULATION to Dismiss Defendant Joann Chavis, Lewis Chavis, Christopher Chavis filed by Defendant Joann Chavis, Lewis Chavis, Christopher Chavis.(Cook, Mercedes) |
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Filing 109
ORDER GRANTING REQUEST FOR APPROVAL OF WITHDRAWAL OF COUNSEL #108 by Judge Michael W. Fitzgerald: Court grants Michael P Vollandt request. No new counsel is necessary. Plaintiff Alexander Cooper, Jr., will continue to be represented by attorney Marc Grossman, who has already entered an appearance as counsel of record. (lc)
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| Filing 108 REQUEST TO WITHDRAW ATTORNEY Michael P Vollandt as counsel of record filed by plaintiff Alexander Cooper, Jr. (Attachments: #1 Proposed Order) (Grossman, Marc) |
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Filing 107
MINUTES (In Chambers): ORDER Re Defendants Motion for Judgment on the Pleadings #97 by Judge Michael W. Fitzgerald: The Motion is GRANTED as to Claims Seven and Eight as to all the Chavez Defendants, and as to Claim Ten for the Chavis Defendants other than Lewis Chavis. The Motion is DENIED as to Claim Ten, to the extent that the claim is based on the alleged conduct of Lewis Chavez in Claims One and Two. (jp)
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| Filing 106 NOTICE TO PARTIES by District Judge Michael W. Fitzgerald. Effective November 17, 2016, Judge Fitzgerald will be located at the 1st Street Courthouse, COURTROOM 5A on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 105 MINUTES OF MOTION for Judgment on the Pleadings #97 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Nichole Forrest. (jp) |
| Filing 104 SCHEDULING NOTICE ADVANCING TIME OF HEARING ONLY by Judge Michael W. Fitzgerald. Counsel are hereby notified that the Motion For Judgment on the Pleadings #97 scheduled for 11/7/16 will be held at 9:00AM. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 103 REPLY In Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to On the Pleadings #97 filed by Defendants Christopher Chavis, Joann Chavis, Lewis Chavis. (Cook, Mercedes) |
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Filing 102
ORDER/REFERRAL to ADR Procedure No 1 by Judge Michael W. Fitzgerald. Case ordered to Magistrate Judge Sheri Pym for Settlement Conference. ADR Proceeding to be held no later than 4/24/2017. (jp)
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Filing 101
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald: Last Day to Add Parties/Amend Pleadings due by 12/19/2016. Non-expert Discovery cut-off 3/13/2017. Last Day to Conduct ADR Proceeding is 4/24/2017. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 6/5/2017. Lodge Pretrial Conference Order due by 6/12/2017. Final Pretrial Conference and Hearing on Motions in Limine 6/26/2017 at 11:00 AM. Jury Trial set for 7/18/2017 at 8:30 AM. (SEE THE SECOND PAGE OF THIS ORDER FOR THE SPECIFIED DATES). (jp)
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| Filing 100 MINUTES OF SCHEDULING CONFERENCE before Judge Michael W. Fitzgerald: The Scheduling Conference held. The Court sets dates. Please see separate Order Re Jury Trial, also filed today. Court Reporter: Nichole Forrest. (jp) |
| Filing 99 OPPOSITION to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to On the Pleadings #97 filed by Plaintiff Alexander Cooper, Jr. (Grossman, Marc) |
| Filing 98 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Alexander Cooper, Jr.. (Attachments: #1 Exhibit A -Schedule of Pretrial and Trial Dates Worksheet)(Grossman, Marc) |
| Filing 97 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to On the Pleadings filed by Defendants Christopher Chavis, Joann Chavis, Lewis Chavis. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Seeley Declaration In Support of Motion for Judgment on the Pleadings, #2 Proposed Order Proposed Order) (Seeley, Paul) |
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Filing 96
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 10/24/2016 at 11:00 AM before Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. See order for details. (jy)
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| Filing 95 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #94 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jloz) |
| Filing 94 Request for Court to Issue Order Setting Scheduling Conference filed by Defendant City of Hesperia (Christiansen, Allen) |
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Filing 93
MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT #86 by Judge Michael W. Fitzgerald: the Motion is DENIED. IT IS SO ORDERED. See minute order for details. (jy)
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| Filing 92 MINUTES OF Motion for Leave to File Third Amended Complaint #86 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Naren L. Jansen. (jp) |
| Filing 91 Objection to Plaintiff's Attempt to Introduce a Fourth Amended Complaint re: NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint #86 filed by Defendant City of Hesperia. (Christiansen, Allen) |
| Filing 90 REPLY in support of NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint #86 filed by Plaintiff Alexander Cooper, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B - [Second Proposed] Third Amended Complaint)(Grossman, Marc) |
| Filing 89 ANSWER to Second Amended Complaint filed by Defendant City of Hesperia.(Christiansen, Allen) |
| Filing 88 Opposition to Plaintiff's Motion for Leave to File Third Amended Complaint re: NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint #86 filed by Defendant City of Hesperia. (Attachments: #1 Declaration of Allen Christiansen, #2 Exhibit A, #3 Exhibit B)(Christiansen, Allen) |
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Filing 87
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: For the reasons stated herein, the Motion to Dismiss Plaintiff's Second Amended Complaint #49 is GRANTED in part, and DENIED in part. The Motion for Sanctions for Violation of Rule 11 #59 is DENIED. The Defendant shall file an Answer to the Second Amended Complaint on or before June 27, 2016. IT IS SO ORDERED. (cw)
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| Filing 86 NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint filed by plaintiff Alexander Cooper, Jr. Motion set for hearing on 7/18/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit A - [Proposed] Third Amended Complaint) (Grossman, Marc) |
| Filing 85 MINUTES OF Settlement Conference held before Magistrate Judge Sheri Pym: Court and counsel engaged in settlement discussions off the record. The partieswere unable to reach a settlement. (kca) |
| Filing 84 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Lyman Seeley counsel for Defendant Christopher Chavis. Adding Paul L. Seeley as counsel of record for Christopher Chavis for the reason indicated in the G-123 Notice. Filed by Defendant Christopher Chavis. (Attorney Paul Lyman Seeley added to party Christopher Chavis(pty:dft))(Seeley, Paul) |
| Filing 83 Notice of Appearance or Withdrawal of Counsel: for attorney Ruben David Escalante counsel for Defendant Christopher Chavis. Adding Ruben D. Escalante as counsel of record for Christopher Chavis for the reason indicated in the G-123 Notice. Filed by Defendant Christopher Chavis. (Attorney Ruben David Escalante added to party Christopher Chavis(pty:dft))(Escalante, Ruben) |
| Filing 82 Notice of Appearance or Withdrawal of Counsel: for attorney Mercedes Annette Cook counsel for Defendant Christopher Chavis. Adding Mercedes A. Cook as counsel of record for Christopher Chavis for the reason indicated in the G-123 Notice. Filed by Defendant Christopher Chavis. (Attorney Mercedes Annette Cook added to party Christopher Chavis(pty:dft))(Cook, Mercedes) |
| Filing 81 Notice by Magistrate Judge Sheri Pym: Telephone Conference set for Tuesday, May 3, 2016 at 2:00 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY |
| Filing 80 Notice of Appearance or Withdrawal of Counsel: for attorney Ruben David Escalante counsel for Defendants Joann Chavis, Lewis Chavis. Adding Ruben D. Escalante as counsel of record for Joann Chavis and Lewis Chavis for the reason indicated in the G-123 Notice. Filed by defendant Joann Chavis and Lewis Chavis. (Attorney Ruben David Escalante added to party Joann Chavis(pty:dft), Attorney Ruben David Escalante added to party Lewis Chavis(pty:dft))(Escalante, Ruben) |
| Filing 79 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Lyman Seeley counsel for Defendants Joann Chavis, Lewis Chavis. Adding Paul L. Seeley as counsel of record for Joann Chavis and Lewis Chavis for the reason indicated in the G-123 Notice. Filed by defendant Joann Chavis and Lewis Chavis. (Attorney Paul Lyman Seeley added to party Joann Chavis(pty:dft), Attorney Paul Lyman Seeley added to party Lewis Chavis(pty:dft))(Seeley, Paul) |
| Filing 78 Notice of Appearance or Withdrawal of Counsel: for attorney Mercedes Annette Cook counsel for Defendants Joann Chavis, Lewis Chavis. Adding Mercedes A. Cook as counsel of record for Joann Chavis and Lewis Chavis for the reason indicated in the G-123 Notice. Filed by defendant Joann Chavis and Lewis Chavis. (Attorney Mercedes Annette Cook added to party Joann Chavis(pty:dft), Attorney Mercedes Annette Cook added to party Lewis Chavis(pty:dft))(Cook, Mercedes) |
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Filing 77
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Sheri Pym. This case has been referred to Magistrate Judge Sheri Pym for settlement proceedings.The Settlement Conference is placed on calendar for May 5, 2016, at 9:30 a.m., in Courtroom 4 of the United States District Court, Riverside Courthouse, located at 3470 Twelfth Street in Riverside, California (SEE ORDER FOR DETAILS). (kca)
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Filing 76
ORDER/REFERRAL to ADR Procedure No 1 by Judge Michael W. Fitzgerald. Case ordered to Magistrate Judge Sheri Pym for Settlement Conference. ADR Proceeding to be held no later than 5/6/2016. (jp)
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| Filing 75 NOTICE OF FILING TRANSCRIPT filed for proceedings 02/29/2016 - 10:23 A.M. re Transcript #74 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Montgomery, Shayna) TEXT ONLY ENTRY |
| Filing 74 TRANSCRIPT for proceedings held on 02/29/2016 - 10:23 A.M. Court Reporter: Shayna Montgomery, E-mail: shaynamontgomery@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/29/2016. Redacted Transcript Deadline set for 4/8/2016. Release of Transcript Restriction set for 6/6/2016. (Montgomery, Shayna) |
| Filing 73 TRANSCRIPT ORDER as to plaintiff Alexander Cooper, Jr for Court Smart (CS). Court will contact Gary Letona at gary@wefight4you.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Grossman, Marc) |
| Filing 72 TRANSCRIPT ORDER as to Defendant City of Hesperia for Court Smart (CS). Transcript preparation will not begin until payment has been satisfied with the court recorder. (Christiansen, Allen) |
| Filing 71 MINUTES OF MOTION TO DISMISS #49 ; DEFENDANTS' MOTION FOR SANCTIONS PURSUANT TO FRCP RULE 11 #59 Hearing held before Judge Michael W. Fitzgerald. The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Shayna Montgomery. (lom) |
| Filing 70 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Scheduling Conference is continued to February 29, 2016 at 10:00AM, to be held following the hearing on the Motions #49 #59 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
| Filing 69 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Plaintiff Alexander Cooper, Jr.. (Attachments: #1 Declaration of Marc Grossman)(Grossman, Marc) |
| Filing 68 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia #49 filed by Defendant City of Hesperia. (Attachments: #1 Objections to Declaration of Petrotta, #2 Objections to Plaintiffs' Exhibits)(Christiansen, Allen) |
| Filing 67 REPLY in support of NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11 #59 filed by Defendant City of Hesperia. (Attachments: #1 Objections to Plaintiffs' Exhibits)(Christiansen, Allen) |
| Filing 65 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Defendant City of Hesperia.. (Attachments: #1 Declaration of Allen Christiansen)(Christiansen, Allen) |
| Filing 64 DECLARATION of attorney Shawn R. Petrotta in support of the opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia #49 filed by Plaintiff Alexander Cooper, Jr. (Attachments: #1 Exhibit 1)(Grossman, Marc) |
| Filing 63 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia #49 filed by Plaintiff Alexander Cooper, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Grossman, Marc) |
| Filing 66 Mail Returned addressed to Michael P. Vollandt re Order on Motion to Dismiss Party, #47 return to sender not deliverable as addressed unable to forward. (vp) |
| Filing 62 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia #49 filed by Plaintiff Alexander Cooper, Jr. (Attachments: #1 Exhibit 1)(Grossman, Marc) |
| Filing 61 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia #49 filed by Plaintiff Alexander Cooper, Jr. (Grossman, Marc) |
| Filing 60 OPPOSITION to NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11 #59 filed by Plaintiff Alexander Cooper, Jr. (Attachments: #1 Exhibit 1)(Grossman, Marc) |
| Filing 59 NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Fed. R. Civ. P. Rule 11 filed by Defendant City of Hesperia. Motion set for hearing on 2/29/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum, #2 Declaration of Allen Christiansen with exhibits, #3 Proposed Order) (Christiansen, Allen) |
| Filing 58 CERTIFICATION OF SERVICE filed by Defendant Lewis Chavis, re Answer to Complaint #56 , Certificate/Notice of Interested Parties #57 served on 1/12/2016. (shb) |
| Filing 57 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant Lewis Chavis, (shb) |
| Filing 56 DEFENDANT'S ANSWER filed by Defendant Lewis Chavis. Jury Trial Demand(shb) |
| Filing 55 CERTIFICATE OF SERVICE filed by Defendant Christopher Chavis, re Answer to Complaint #53 , Certificate/Notice of Interested Parties #54 served on 1/12/2016. (shb) |
| Filing 54 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant Christopher Chavis, (shb) |
| Filing 53 DEFENDANT'S ANSWER filed by Defendant Christopher Chavis. Jury Trial Demand(shb) |
| Filing 52 CERTIFICATE OF SERVICE filed by Defendant Joann Chavis, re Certificate/Notice of Interested Parties #51 , Answer to Complaint #50 served on 1/12/2016. (shb) |
| Filing 51 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant Joann Chavis, (shb) |
| Filing 50 DEFENDANT'S ANSWER filed by Defendant Joann Chavis. Jury Demand(shb) |
| Filing 49 NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia filed by Defendant City of Hesperia. Motion set for hearing on 2/29/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order) (Christiansen, Allen) |
| Filing 48 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #13 , filed by plaintiff Alexander Cooper, Jr(Grossman, Marc) |
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Filing 47
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS #27 by Judge Michael W. Fitzgerald: The Motion is GRANTED with leave to amend. Plaintiff may file a Second Amended Complaint by December 28, 2015. While there may be a Second Amended Complaint, there will be no Third. A future successful motion to dismiss will be granted without leave to amend. IT IS SO ORDERED. (jloz)
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| Filing 46 MINUTES OF DEFENDANT CITY OF HESPERIA'S MOTION TO DISMISS FIRST AMENDED COMPLAINT #27 held before Judge Michael W. Fitzgerald. The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Laura Elias. (lom) |
| Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney G Craig Smith counsel for Defendant City of Hesperia. Adding G. Craig Smith as counsel of record for City of Hesperia for the reason indicated in the G-123 Notice. Filed by Defendant City of Hesperia. (Attachments: #1 Proof of Service)(Attorney G Craig Smith added to party City of Hesperia(pty:dft))(Smith, G) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Marc E Grossman counsel for Plaintiff Alexander Cooper, Jr. Adding Michael P. Vollandt as counsel of record for Alexander Cooper, Jr. for the reason indicated in the G-123 Notice. Filed by Plaintiff Alexander Cooper, Jr.. (Grossman, Marc) |
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Filing 43
ORDER GRANTING Joint Stipulation to Continue Scheduling Conference #38 by Judge Michael W. Fitzgerald that this Scheduling Conference currently set for 12/14/2015 at 10:00 AM., is hereby CONTINUED to 2/22/2016 at 11:00 AM. (jp)
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| Filing 42 PROOF OF SERVICE Executed by Plaintiff Alexander Cooper, Jr, upon Defendant Lewis Chavis served on 11/13/2015, answer due 12/4/2015. Service of the Summons and Complaint were executed upon Joann Chavis, co-resident, in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Grossman, Marc) |
| Filing 41 PROOF OF SERVICE Executed by Plaintiff Alexander Cooper, Jr, upon Defendant Christopher Chavis served on 11/13/2015, answer due 12/4/2015. Service of the Summons and Complaint were executed upon Joann Chavis, grandmother and co-resident, in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons returned. (Grossman, Marc) |
| Filing 38 STIPULATION to Continue Scheduling Conference from December 14, 2015 to February 22, 2016 filed by Defendant City of Hesperia. (Attachments: #1 Proposed Order)(Christiansen, Allen) |
| Filing 40 CERTIFICATE OF SERVICE BY MAIL filed by Defendant Lewis Chavis, re Answer #36 Certificate and Notice of Interested Parties #37 served on 11/24/2015. (jp) |
| Filing 39 CERTIFICATE OF SERVICE BY MAIL filed by Defendant Christopher Chavis, re Answer #34 , Certificate and Notice of Interested Parties #35 served on 11/24/2015. (jp) |
| Filing 37 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Lewis Chavis. (jp) |
| Filing 36 ANSWER to Complaint #13 ; Jury Demanded, filed by Defendant Lewis Chavis. (jp) |
| Filing 35 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Christopher Chavis. (jp) |
| Filing 34 ANSWER to Amended Complaint #13 with JURY DEMAND filed by Defendant Christopher Chavis. (jp) |
| Filing 33 REPLY To Plaintiff's Opposition to City of Hesperia's Motion to Dismiss FAC filed by Defendant City of Hesperia. (Christiansen, Allen) |
| Filing 32 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia #27 filed by Plaintiff Alexander Cooper, Jr. (Grossman, Marc) |
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Filing 31
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY CONDITIONED ALL DATES SET SHALL REMAIN by Judge Michael W. Fitzgerald: granting #22 Request to Substitute Attorney. Substituting attorney Allen Christiansen for Defendant City of Hesperia as attorney of record instead of Teresa M. McGowan. Attorney Teresa M McGowan terminated (lt)
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Filing 29
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald: A Scheduling Conference is set for 12/14/2015 at 10:00 AM before Judge Michael W. Fitzgerald, following the hearing on Defendant's Motion to Dismiss #27 . The Joint Rule 26(f) Meeting Report is due 11/30/2015. IT IS SO ORDERED. (cw)
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Filing 30
ORDER GRANTING Joint Stipulation for Dismissal Plaintiffs' Eight Cause of Action for IIed and Demand for Punitive Damages as against defendant City of Hesperia #26 by Judge Michael W. Fitzgerald that (1) Plaintiff's Eighth Cause of Action for state law claims of Intentional Infliction of Emotional Distress is dismissed, with prejudice, as against Defendant City of Hesperia; (2) Plaintiff's demand for punitive damages is dismissed, with prejudice, as against Defendant City of Hesperia. (jp)
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| Filing 28 CERTIFICATE of Interested Parties filed by Defendant City of Hesperia, (Christiansen, Allen) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Defendant City of Hesperia filed by Defendant City of Hesperia. Motion set for hearing on 12/14/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order) (Christiansen, Allen) |
| Filing 26 STIPULATION to Dismiss Case pursuant to Plaintiffs 8th Cause of Action for IIED and Demand for Punitive Damages as Against the City of Hesperia filed by Defendant City of Hesperia. (Attachments: #1 Proposed Order)(Christiansen, Allen) |
| Filing 25 NOTICE of Interested Parties filed by Defendant Joann Chavis. (iva) |
| Filing 24 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Joann Chavis.(iva) |
| Filing 23 CERTIFICATE OF SERVICE filed by Defendant Joann Chavis served on 11/10/2015. (iva) |
| Filing 22 REQUEST TO SUBSTITUTE ATTORNEY Allen Christiansen in place of attorney Teresa M. McGowan filed by Defendant City of Hesperia. (Attorney Allen Christiansen added to party City of Hesperia(pty:dft)) (Christiansen, Allen) |
| Filing 21 21 DAY Summons Issued re First Amended Complaint #13 as to Defendants Christopher Chavis, Joann Chavis, Lewis Chavis, City of Hesperia. (jp) |
| Filing 20 AMENDED DOCUMENT filed by Plaintiff Alexander Cooper, Jr. Amendment to Amended Document (Non-Motion) #17 (summons request) (Attachments: #1 Attached face page of complaint)(Grossman, Marc) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #15 . The following error(s) was found: Incorrect event selected. Title page is missing. The correct event is: Service of Summons and Complaint Returned Executed (21 days). Proof of Service (subsequent documents) event utilized for docketing this filing.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 18 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: First Amended Complaint #13 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) |
| Filing 17 AMENDED DOCUMENT filed by Plaintiff Alexander Cooper, Jr. Amendment to Summons Request #14 (Grossman, Marc) |
| Filing 16 NOTICE OF ERRATA filed by Plaintiff Alexander Cooper, Jr. correcting Summons Request #14 (Grossman, Marc) |
| Filing 15 OF SERVICE filed by plaintiff Alexander Cooper, Jr, re Amended Complaint/Petition #13 served on October 22, 2015. (Grossman, Marc) |
| Filing 14 Request for Clerk to Issue Summons on Amended Complaint/Petition #13 filed by plaintiff Alexander Cooper, Jr. (Grossman, Marc) |
| Filing 13 First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Alexander Cooper, Jr(Grossman, Marc) |
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Filing 12
ORDER PERMITTING FILING OF FIRST AMENDED COMPLAINT #11 by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED that: The Court grants Plaintiff an extension of time within which to file a First Amended Complaint. Plaintiff shall electronically file a First Amended Complaint on or before October 22, 2015. Defendant City of Hesperia shall file its response to Plaintiff Alexander Cooper, Jr.'s First Amended Complaint within 21 days after service pursuant to the Rules of Federal Procedure. (lom)
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| Filing 11 STIPULATION for Extension of Time to File To Extend Time to Respond to Initial Complaint filed by Defendant City of Hesperia. (Attachments: #1 Proposed Order)(Attorney Teresa M McGowan added to party City of Hesperia(pty:dft))(McGowan, Teresa) |
| Filing 10 PROOF OF SERVICE filed by Defendant Joann Chavis, re Answer to Complaint #8 , Certificate/Notice of Interested Parties #9 served on 9/15/2015. (jp) |
| Filing 9 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Joann Chavis. (jp) |
| Filing 8 ANSWER to Complaint (Attorney Civil Case Opening) #1 JURY DEMAND, filed by Defendant Joann Chavis. (jp) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to DEFENDANTS Joann Chavis, City of Hesperia. (aco) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (aco) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Sheri Pym. (aco) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Alexander Cooper, Jr, identifying City of Hesperia, Joann Chavis, DOES 1 through 10 inclusive, San Bernardino County Sheriff. (Grossman, Marc) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Alexander Cooper, Jr. (Grossman, Marc) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Alexander Cooper, Jr. (Grossman, Marc) |
| Filing 1 COMPLAINT Receipt No: 0973-16288630 - Fee: $400, filed by plaintiff Alexander Cooper, Jr. (Attorney Marc E Grossman added to party Alexander Cooper, Jr(pty:pla))(Grossman, Marc) |
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