Ardell McDuffie et al v. California Department of Corrections and Rehabilitation et al
| Demetrius Rogers, Daniel Cesario Ramirez, Ardell McDuffie and Cesar Ramirez |
| CDCR Secretary Ralph Diaz, Warden Cynthia Y. Tampkins, Kerry Oglesby, State Of California, California Department of Corrections and Rehabilitation, Ralph Diaz, Cynthia Y. Tampkins and Does 1-100 inclusive |
| 5:2021cv00824 |
| May 10, 2021 |
| U.S. District Court for the Central District of California |
| John W Holcomb |
| Shashi H Kewalramani |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 34 MINUTE ORDER OF VIDEO HEARING RE MOTION TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT #27 motion held before Judge John W. Holcomb. The Court takes the Motion to Dismiss Plaintiffs Third Amended Complaint [ECF No. 27] under submission. IT IS SO ORDERED. Court Reporter: Debbie Hino-Span. (yl) |
Filing 33
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: The hearing on Defendants Motion to Dismiss [ECF No. 27], is ordered ADVANCED from September 16, 2022 at 1:00 p.m. to September 16, 2022 at 11:00 a.m. **TIME CHANGE ONLY** via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcombs Procedures and Schedules page on the Courts website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under Zoom Webinar Hearings. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
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| Filing 32 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Third Amended Complaint #27 filed by Defendants California Department of Corrections and Rehabilitation, Ralph Diaz, Kerry Oglesby, State of California, Cynthia Y. Tampkins. (Duggan, Jeremy) |
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Filing 31
ORDER #30 by Judge John W. Holcomb. It is hereby ORDERED as follows: 1. The hearing on Defendants' motion to dismiss (ECF No. 27), currently set for September 9, 2022, at 9:00 a.m. in Courtroom 9D, is CONTINUED to September 16, 2022, at 1:00 p.m. by video conference. See order for details. (lom)
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| Filing 30 STIPULATION to Continue Defendants' Motion to Dismiss from September 9, 2022 to September 16, 2022 Re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Third Amended Complaint #27 filed by Defendants California Department of Corrections and Rehabilitation, Ralph Diaz(in his indivdiual capacity), Kerry Oglesby(in her official capacity), State of California, Cynthia Y. Tampkins(in her individual capacity). (Attachments: #1 Proposed Order, #2 Certificate of Service)(Duggan, Jeremy) |
| Filing 29 Opposition In Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Third Amended Complaint #27 filed by Plaintiffs Ardell McDuffie, Cesar Ramirez, Daniel Cesario Ramirez, Demetrius Rogers. (Attachments: #1 Proposed Order)(Shegerian, Carney) |
| Filing 28 CERTIFICATE of Interested Parties filed by Plaintiff Ardell McDuffie, Cesar Ramirez, Daniel Cesario Ramirez, Demetrius Rogers, (Attorney Carney R Shegerian added to party Cesar Ramirez(pty:pla))(Shegerian, Carney) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Defendants California Department of Corrections and Rehabilitation, Ralph Diaz(in his indivdiual capacity), Kerry Oglesby(in her individual capacity), State of California, Cynthia Y. Tampkins(Warden, in her official capacity). Motion set for hearing on 9/9/2022 at 09:00 AM before Judge John W. Holcomb. (Duggan, Jeremy) |
| Filing 26 NOTICE OF REVISIONS TO SECOND AMENDED COMPLAINT filed by Plaintiffs Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. (Attachments: #1 Exhibit)(Shegerian, Carney) |
| Filing 25 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #20 , filed by Plaintiffs Demetrius Rogers, Daniel Cesario Ramirez, Ardell McDuffie(Shegerian, Carney) |
| Filing 24 TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 23
ORDER by Judge John W. Holcomb #22 . Defendants' May 16, 2022 deadline to respond to the Second Amended Complaint is VACATED. Plaintiffs are DIRECTED to file a Third Amended Complaint no later than May 20, 2022. Defendants are DIRECTED to file their motion to dismiss the Third Amended Complaint no later than June 10, 2022. Plaintiffs are DIRECTED to file their opposition to Defendants motion to dismiss no later than August 12, 2022. Defendants are DIRECTED to file their reply no later than August 26, 2022. IT IS SO ORDERED. (yl)
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| Filing 22 STIPULATION to FOR FILING OF THIRD AMENDED COMPLAINT filed by Defendants California Department of Corrections and Rehabilitation, Ralph Diaz(CDCR Secretary, in his official capacity), Kerry Oglesby(in her individual capacity), State of California, Cynthia Y. Tampkins(Warden, in her official capacity). (Attachments: #1 Proposed Order, #2 Certificate of Service)(Duggan, Jeremy) |
| Filing 21 NOTICE OF REVISIONS TO FIRST AMENDED COMPLAINT filed by Plaintiff Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. (Attachments: #1 Exhibit Redlines to First Amended Complaint)(Shegerian, Carney) |
| Filing 20 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #10 , filed by Plaintiff Demetrius Rogers, Daniel Cesario Ramirez, Ardell McDuffie(Shegerian, Carney) |
| Filing 19 NOTICE OF ERRATA RE NOTICE OF REVISIONS FILED APRIL 13, 2022 filed by Plaintiff Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. (Shegerian, Carney) |
| Filing 18 NOTICE filed by Plaintiff Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. Notice of Revisions to Second Amended Complaint (Attachments: #1 Exhibit Exhibit 1 to Notice of Revisions to Second Amended Complaint)(Shegerian, Carney) |
| Filing 17 NOTICE of Change of address by Carney R Shegerian attorney for Plaintiffs Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. Changing attorneys address to 11520 San Vicente Boulevard, Los Angeles, California 90049. Filed by Plaintiffs Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. (Shegerian, Carney) |
| Filing 16 NOTICE of Change of address by Carney R Shegerian attorney for Plaintiffs Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. Changing attorneys address to 11520 San Vicente Boulevard, Los Angeles, California 90049. Filed by Plaintiffs Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. (Shegerian, Carney) |
| Filing 15 NOTICE of Change of address by Carney R Shegerian attorney for Plaintiffs Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. Changing attorneys address to 11520 San Vicente Boulevard, Los Angeles, California 90049. Filed by Plaintiffs Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. (Shegerian, Carney) |
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Filing 14
ORDER #13 by Judge John W. Holcomb. Defendants' April 4, 2022, deadline to respond to the First Amended Complaint is VACATED. Plaintiffs shall file a Second Amended Complaint no later than April 15, 2022. Defendants shall file their motion to dismiss the Second Amended Complaint no later than May 16, 2022. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 13 STIPULATION to AMEND AMENDED COMPLAINT filed by Defendants California Department of Corrections and Rehabilitation, Ralph Diaz(in his indivdiual capacity), Kerry Oglesby(in her individual capacity), State of California, Cynthia Y. Tampkins(in her individual capacity). (Attachments: #1 Proposed Order, #2 Certificate of Service)(Duggan, Jeremy) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #11 . The following error(s) was/were found: No proposed order 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. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) |
| Filing 11 NOTICE REVISIONS TO COMPLAINT filed by Plaintiff Ardell McDuffie, Daniel Cesario Ramirez, Demetrius Rogers. (Attachments: #1 Exhibit Revisions to the Complaint)(Shegerian, Carney) |
| Filing 10 FIRST AMENDED COMPLAINT against CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE OF CALIFORNIA; CDCR SECRETARY RALPH DIAZ, in his individual and official capacities; WARDEN CYNTHIA Y. TAMPKINS, in her individual and official capacities; KERRY OGLESBY, in her individual and official capacities; and DOES 1-100 inclusive, All Defendants amending Complaint - (Discovery),,, filed by Plaintiff Demetrius Rogers, Daniel Cesario Ramirez, Ardell McDuffie(Shegerian, Carney) |
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Filing 9
SCREENING ORDER UNDER 28U.S.C. 1915A(a) [ECF No. 1] by Judge John W. Holcomb. Plaintiffs are GRANTED leave to amend. Plaintiffs are DIRECTED to file an amended pleading, if at all, on or before March 4, 2022. Defendants' request for an extension of time to respond to Plaintiffs' Complaint is GRANTED. Defendants shall have 30 days to respond to Plaintiffs' amended pleading. (See document for further details) (yl)
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Filing 8
STANDING ORDER by Judge John W. Holcomb. (iva)
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| Filing 7 NOTICE of Interested Parties filed by Defendants California Department of Corrections and Rehabilitation, Ralph Diaz(CDCR Secretary, in his official capacity), Kerry Oglesby(in her individual capacity), State of California, Cynthia Y. Tampkins(Warden, in her official capacity), (Duggan, Jeremy) |
| Filing 6 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. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Shashi H. Kewalramani. (ghap) |
| Filing 3 Certificate of Compliance with Requirement to Give Notice of Removal (28 U.S.C. 1446(D) filed by Defendants California Department of Corrections and Rehabilitation, Ralph Diaz, Kerry Oglesby, State of California, Cynthia Y. Tampkins re: Notice of Removal (Attorney Civil Case Opening),, #1 (Duggan, Jeremy) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants California Department of Corrections and Rehabilitation, Ralph Diaz(in his indivdiual capacity), Ralph Diaz(CDCR Secretary, in his official capacity), Does 1-100, inclusive, Kerry Oglesby(in her official capacity), Kerry Oglesby(in her individual capacity), State of California, Cynthia Y. Tampkins(in her individual capacity), Cynthia Y. Tampkins(Warden, in her official capacity). Jury Demanded., filed by plaintiffs Demetrius Rogers, Daniel Cesario Ramirez, Ardell McDuffie.(FILED IN STATE COURT ON 3/29/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 2 CIVIL COVER SHEET filed by Defendants CDCR Secretary Ralph Diaz, California Department of Corrections and Rehabilitation, Kerry Oglesby, State Of California, Warden Cynthia Y. Tampkins. (Duggan, Jeremy) |
| Filing 1 NOTICE OF REMOVAL from Riverside County Superior Court, case number CVRI 2101568 Receipt No: ACACDC-31263123 - Fee: $402, filed by Defendants Kerry Oglesby, CDCR Secretary Ralph Diaz, California Department of Corrections and Rehabilitation, Warden Cynthia Y. Tampkins, State Of California. (Attorney Jeremy M Duggan added to party CDCR Secretary Ralph Diaz(pty:dft), Attorney Jeremy M Duggan added to party California Department of Corrections and Rehabilitation(pty:dft), Attorney Jeremy M Duggan added to party Kerry Oglesby(pty:dft), Attorney Jeremy M Duggan added to party State Of California(pty:dft), Attorney Jeremy M Duggan added to party Warden Cynthia Y. Tampkins(pty:dft))(Duggan, Jeremy) |
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