Maurice Payne et al v. County of San Bernardino et al
| Maurice Payne |
| DOES 1 to 10,, County of San Bernardino, Does 1-10, San Bernardino County Sheriffs Dept and Officer Mike Flores |
| Mike Flores |
| 5:2020cv01915 |
| September 16, 2020 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Shashi H Kewalramani |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 17 STATUS REPORT JOINT STATUS REPORT REGARDING RELATED CASE filed by Defendants County of San Bernardino, Mike Flores. (Williams, Heidi) |
Filing 16
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO DISMISS FIRST AMENDED COMPLAINT #7 ; MOTION TO STAY CASE PENDING OUTCOME OF CRIMINAL PROCEEDINGS AGAINST PLAINTIFF #9 by Judge Michael W. Fitzgerald. The Motion is GRANTED without leave to amend as to Claims Four and Six. The Motion is GRANTED with leave to amend as to Claims Three and Five. The Motion to Stay is GRANTED. The matter shall be STAYED pending resolution of Plaintiffs criminal case. The parties shall inform the Court when the state criminal case has resolved, and in the interim, shall submit a Joint Status Report with respect to the state prosecution every 90 days. (MD JS-6. Case Terminated) (iv)
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| Filing 15 MINUTES OF TELEPHONIC MOTION TO DISMISS #7 ; MOTION TO STAY #9 held before Judge Michael W. Fitzgerald. The Courtroom Deputy Clerk issues the Court's tentative ruling, prior to the hearing. Counsel submit on the tentative. The Court will issue its ruling. Court Reporter: Amy Diaz. (iv) |
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Filing 14
SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 20-09, the MOTION TO DISMISS #7 ; MOTION TO STAY #9 set for November 2, 2020 will be held telephonically at 10:00 a.m. Counsel shall use the following conference call information: Number: (877) 848-7030; Access Code: 4573404. Counsel are ordered to remain available from 10:00 a.m. - 11:00 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 13 REPLY in Support of Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Case /First Amended Complaint #7 filed by Defendants County of San Bernardino, Mike Flores. (Williams, Heidi) |
| Filing 12 Opposition opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case /First Amended Complaint #7 filed by Plaintiff Maurice Payne. (Collins, Mansfield) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Stay #9 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
| Filing 10 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Outcome of the Criminal Proceedings Against Plaintiff Maurice Payne #9 filed by Defendants County of San Bernardino, Mike Flores. (Attachments: #1 Exhibit A - Criminal Case Docket)(Williams, Heidi) |
| Filing 9 NOTICE OF MOTION AND MOTION to Stay Case pending Outcome of the Criminal Proceedings Against Plaintiff Maurice Payne filed by Defendants County of San Bernardino, Mike Flores. Motion set for hearing on 11/2/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Heidi Williams In Support of Motion to Stay Proceedings) (Williams, Heidi) |
| Filing 8 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case /First Amended Complaint #7 filed by Defendants County of San Bernardino, Mike Flores. (Attachments: #1 Exhibit A - Claim Against County of San Bernardino, #2 Exhibit B - Claim Rejection Letter)(Williams, Heidi) |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss Case /First Amended Complaint filed by Defendants County of San Bernardino, Mike Flores. Motion set for hearing on 11/2/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Heidi Williams In Support of Motion to Dismiss) (Williams, Heidi) |
| Filing 6 DEFENDANTS' NOTICE of Interested Parties filed by defendants County of San Bernardino, Mike Flores, identifying Maurice Payne, County of San Bernardino; Mike Flores. (Williams, Heidi) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 3 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 19-03, this case has been randomly reassigned to District Judge Michael W. Fitzgerald. The case number on all documents filed with the Court in this case should read as follows: 5:20-cv-01915 MWF (SHKx). (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Maurice Payne, upon Defendant Mike Flores served on 1/10/2020, answer due 1/31/2020. Service of the Summons and Complaint were executed upon Officer Mike Flores in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. Filed in State Court on 1/31/2020 Submitted with Attachment 8 Exhibit H to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants County of San Bernardino, Does 1 to 10, Mike Flores, San Bernardino County Sheriffs Dept., filed by Plaintiff Maurice Payne. Filed in State Court on 12/9/19 Submitted with Attachment 3 Exhibit C to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Maurice Payne, upon Defendant County of San Bernardino served on 1/10/2020, answer due 1/31/2020. Service of the Summons and Complaint were executed upon County of San Bernardino in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. Filed in State Court on 1/10/2020 Submitted with Attachment 9 Exhibit I to Notice of Removal #1 (car) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants County of San Bernardino, Does 1 to 10, Mike Flores; Party San Bernardino County Sheriffs Dept terminated amending Complaint - (Discovery) ; JURY DEMAND, filed by Plaintiff Maurice Payne. Filed in State Court on 8/18/2020 Submitted with Attachment 23 Exhibit W to Notice of Removal #1 (car) |
| NON-CONFORMED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Maurice Payne, upon Defendant Mike Flores acknowledgment sent by Plaintiff on 8/25/2020, answer due 9/15/2020. Acknowledgment of Service signed by Heidi K. Williams, Counsel for Defendant. Submitted with Attachment 25 Exhibit Y to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Maurice Payne, upon Defendant San Bernardino County Sheriffs Dept served on 1/10/2020, answer due 1/31/2020. Service of the Summons and Complaint were executed upon San Bernardino County Sheriffs Dept in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. Filed in State Court on 1/31/2020 Submitted with Attachment 10 Exhibit J to Notice of Removal #1 (car) |
| Filing 2 CIVIL COVER SHEET filed by Movants County of San Bernardino, Mike Flores. (Williams, Heidi) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVDS1936823 Receipt No: ACACDC-28106896 - Fee: $400, filed by Defendants Mike Flores, County of San Bernardino. (Attachments: #1 Exhibit A - Civil Cover Sheet, #2 Exhibit B - Summons, #3 Exhibit C - State Complaint, #4 Exhibit D - Notice of Trial Setting Conference, #5 Exhibit E - Notice of Missing Certificate of Assignment, #6 Exhibit F - Order of Fee Waiver, #7 Exhibit G - Certificate of Assignment, #8 Exhibit H - Proof of Service Re Flores, #9 Exhibit I - Proof of Service Re County, #10 Exhibit J - Proof of Service Re Sheriff's Department, #11 Exhibit K - Defendants' Notice of Hearing On Demurrer, #12 Exhibit L - Defendants' Memorandum of Points and Authorities in Support of County's Demurrer, #13 Exhibit M - Declaration of Heidi Williams in Support of Defendants' Demurrer, #14 Exhibit N - Defendants' Request for Judicial Notice in Support of Demurrer, #15 Exhibit O - Proposed Order Re Defendants' Demurrer, #16 Exhibit P - Opposition to Demurrer, #17 Exhibit Q - Notice Continuing Demurrer, #18 Exhibit R - Notice Continuing TSC, #19 Exhibit S - Minute Order Re TSC, #20 Exhibit T - Notice of Ruling on Defendants' Demurrer, #21 Exhibit U - Plaintiff's Substitution of Attorney, #22 Exhibit V - Stipulation to File First Amended Complaint, #23 Exhibit W - First Amended Complaint, #24 Exhibit X - Proof of Service Re County, #25 Exhibit Y - Acknowledgment of Receipt Re Mike Flores) (Attorney Heidi Kathleen Williams added to party County of San Bernardino(pty:mov), Attorney Heidi Kathleen Williams added to party Mike Flores(pty:mov))(Williams, Heidi) |
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