City of San Bernardino et al v. Janet Summerfield et al
| City of San Bernadino |
| Janet Summerfield and Does 1-25 inclusive |
| City of San Bernardino, a California municipal entity |
| Does 1 to 25, inclusive, United States Department of Housing and Urban Development and Superior Court of California for the County of San Bernardino |
| 5:2022cv01428 |
| August 11, 2022 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Mark C Scarsi |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 45 TRANSMITTAL of documents to Superior Court of CA, County of San Bernardino. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of CA, County of San Bernardino. (rolm) |
Filing 44
ORDER Re: Motion to Remand #33 , Motion to Dismiss #26 , and Ex Parte Application #38 by Judge Mark C. Scarsi. The Court grants the motion and remands this case to the San Bernardino County Superior Court, No. CIV SB 2108512. The Court denies as moot the Citys request for judicial notice of documents supporting its motion to remand, the Citys motion to dismiss, and the parties joint ex parte application to vacate the order setting the scheduling conference. The Court directs the Clerk to effect the remand immediately and close the case. IT IS SO ORDERED. (rolm)
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Filing 43
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on October 17, 2022 is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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Filing 42
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS (ECF Nos. #26 and #33 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Dismiss Case Janet Summerfield v. City of San Bernardino filed by Counterclaim Defendant City of San Bernardino (ECF No. #26 ) and the Motion to Remand Case to San Bernardino Superior Court (ECF No. #33 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on October 17, 2022, have been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Report #39 , Report #40 by Janet Summerfield. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Same report filed twice in filer's different capacities Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 40 REPORT filed by Defendant Janet Summerfield, Cross Claimant Janet Summerfield. (Attachments: #1 Scheduling Worksheet)(Gibbons, Peter) |
| Filing 39 REPORT filed by Defendant Janet Summerfield, Counter Claimant Janet Summerfield. (Attachments: #1 Scheduling Worksheet)(Gibbons, Peter) |
| Filing 38 EX PARTE APPLICATION to Vacate Initial Order Setting R26 Scheduling Conference - form only #8 filed by Plaintiff and Counterclaim Defendant City of San Bernadino. (Attachments: #1 Joint Declaration of Michael Thies and Peter Gibbons, #2 Proposed Order) (Thies, Michael) |
| Filing 37 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #33 opposition to remand filed by Defendant Janet Summerfield, Cross Claimant Janet Summerfield. (Gibbons, Peter) |
| Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Janet Summerfield v. City of San Bernardino #26 opposition to dismissal filed by Defendant Janet Summerfield, Cross Claimant Janet Summerfield. (Gibbons, Peter) |
| Filing 35 60 DAY Summons Issued re First Amended Cross Complaint #18 as to cross defendant United States Department of Housing and Urban Development. (lc) |
| Filing 34 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #32 , Amended Crossclaim,,, #18 filed by Cross-complainant Janet Summerfield. (Gibbons, Peter) |
| Filing 33 NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Counterclaim Defendant City of San Bernadino. Motion set for hearing on 10/17/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 [Proposed] Order, #2 Request for Judicial Notice, #3 RJN - Ex. A, #4 RJN - Ex. B, #5 RJN - Ex. C, #6 RJN - Ex. D, #7 RJN - Ex. E, #8 RJN - Ex. F) (Thies, Michael) |
| Filing 32 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request[28-2]. The following error(s) was found: The time to answer for federal governmental agencies is 60 days. All other parties must receive 21 days. incorrect entry of 21 days re FEDERAL cross defendant United States Department of Housing and Urban Development. Federal defendants summons is 60 days. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 31 21 DAY Summons Issued re First Amended Cross Complaint #18 as to cross defendant City of San Bernadino. (c/o Law Office of Charisee L. Smith) (lc) Modified on 9/13/2022 (lc). |
| Filing 30 21 DAY Summons Issued re First Amended Cross Complaint #18 as to cross defendant Superior Court of California for the County of San Bernardino. (lc) |
| Filing 29 21 DAY Summons Issued re First Amended Cross Complaint #18 as to cross defendant City of San Bernadino. (c/o Best Best and Krieger ) (lc) Modified on 9/9/2022 (lc). |
| Filing 28 Request for Clerk to Issue Summons on Amended Crossclaim,,, #18 filed by Cross-complainant Janet Summerfield. (Attachments: #1 requested Summons, #2 requested Summons, #3 requested Summons)(Gibbons, Peter) |
| Filing 27 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #25 , Summons Request #24 on amended cross complaint. The following error(s) was found: Request no. 25 appears to be an Erroneous Duplicate of initial request no. 24 for Multiple summons as attached. However, the documents were prepared in "pleading" format. As such, these summons cannot be issued. Clerk is ONLY Authorized and permitted to sign and seal/ issue OFFICIAL USDC OR FEDERAL AO Summons forms. Please use official summons forms.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case Janet Summerfield v. City of San Bernardino filed by Counterclaim Defendant City of San Bernadino. Motion set for hearing on 10/17/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order, #2 Request for Judicial Notice, #3 RJN - Ex. A, #4 RJN - Ex. B, #5 RJN - Ex. C) (Attorney Bianca Elizabeth Carvajal added to party City of San Bernadino(pty:cd)) (Carvajal, Bianca) |
| Filing 25 Request for Clerk to Issue Summons on Amended Crossclaim,,, #18 filed by Cross-complainant Janet Summerfield. (Gibbons, Peter) |
| Filing 24 Request for Clerk to Issue Summons on Amended Crossclaim,,, #18 filed by Cross-complainant Janet Summerfield. (Gibbons, Peter) |
| Filing 23 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #22 . The following error(s) was found: The caption of the summons must match the caption of the first amended cross 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. Caption of the summons incomplete-not all cross complaint parties named. Must be verbatim to the CAPTION OF THE "FIRST AMENDED CROSS COMPLAINT" as filed docket no. 18 (FRCP 10). Please also edit title of summons to include " ON THE FIRST AMENDED CROSS COMPLAINT". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 22 Request for Clerk to Issue Summons on Amended Crossclaim,,, #18 filed by Cross-claimant Janet Summerfield. (Gibbons, Peter) |
| Filing 21 PROOF OF SERVICE filed by Cross-claimant Janet Summerfield, re Notice of Reassignment of Eastern Division Removal Case (CV-106) - optional html form, #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #4 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #5 Certificate of Service by Mail served on 08/26/2022. (Gibbons, Peter) |
| Filing 20 PROOF OF SERVICE filed by Cross-claimant Janet Summerfield, re Complaint (Attorney Civil Case Opening),,,,,, #1 , Amended Crossclaim,,, #18 Certificate of Service by Mail served on 08/26/2022. (Gibbons, Peter) |
| Filing 19 NOTICE OF SERVICE filed by Cross-claimant Janet Summerfield, Notice of Lis Pendens served on 08/05/2022. (Gibbons, Peter) |
| Filing 18 CROSSCLAIM against Cross-defendant City of San Bernadino, Does, Does, Superior Court of California for the County of San Bernardino, United States Department of Housing and Urban Development amending Complaint (Attorney Civil Case Opening),,,,,, #1 , filed by Cross-claimant Janet Summerfield (Attachments: #1 Declaration of John Bollinger, #2 Exhibit A-1 JB1, #3 Exhibit A-2 JB2, #4 Exhibit A-3 JB3, #5 Exhibit A-4 JB4, #6 Exhibit A-5 JB5, #7 Exhibit A-6 JB6, #8 Exhibit A-7 JB7, #9 Declaration of Lonnie Haughton, #10 Exhibit B-01 LH1, #11 Exhibit B-02 LH2, #12 Exhibit B-03 LH3, #13 Exhibit B-04 LH4, #14 Exhibit B-05 LH5, #15 Exhibit B-06 LH6, #16 Exhibit B-07 LH7, #17 Exhibit B-08 LH8, #18 Exhibit B-09 LH9, #19 Exhibit B-10 LH10)(Gibbons, Peter) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Michael John Thies counsel for Cross Defendant City of San Bernadino, Plaintiff City of San Bernadino, Counter Defendant City of San Bernadino. Adding Michael J. Thies as counsel of record for City of San Bernardino for the reason indicated in the G-123 Notice. Filed by Plaintiff and Cross-Defendant City of San Bernardino. (Attorney Michael John Thies added to party City of San Bernadino(pty:crd), Attorney Michael John Thies added to party City of San Bernadino(pty:pla), Attorney Michael John Thies added to party City of San Bernadino(pty:cd))(Thies, Michael) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Richard T Egger counsel for Cross Defendant City of San Bernadino, Plaintiff City of San Bernadino, Counter Defendant City of San Bernadino. Adding Richard Egger as counsel of record for City of San Bernardino for the reason indicated in the G-123 Notice. Filed by Plaintiff and Cross-Defendant City of San Bernardino. (Attorney Richard T Egger added to party City of San Bernadino(pty:crd), Attorney Richard T Egger added to party City of San Bernadino(pty:pla), Attorney Richard T Egger added to party City of San Bernadino(pty:cd))(Egger, Richard) |
| Filing 15 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Lis Pendens Notice #11 and Declaration #10 by Judge Mark C. Scarsi. The documents are stricken and counsel is ordered to file an amended or corrected documents by August 25, 2022. (smo) |
| Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Counterclaim (Second Amended "COUNTERCLAIM" BY Janet Summerfield) #9 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by August 25, 2022. (smo) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration #10 , Lis Pendens Notice #11 , by Janet Summerfield. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Proof of service (subsequent documents) re No.11. Title page is missing. Both filings Missing Formal Title page ; MISSING LR-11-3.8 required filer, attorney, court and document and case information Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: "Second Amended Counterclaim" #9 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Amended Cross claim. Pleading entitled amended cross complaint and parites identified as cross complaint parties. 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. (lc) |
| Filing 11 NOTICE of Lis Pendens filed by Defendant Janet Summerfield, Cross Claimant Janet Summerfield, Counter Claimant Janet Summerfield. (Attachments: #1 Exhibit Proof of Certified Mailing)(Gibbons, Peter) |
| Filing 10 DECLARATION of Certificate of Electronic Service re Counterclaim,, #9 filed by Defendant Janet Summerfield, Cross Claimant Janet Summerfield, Counter Claimant Janet Summerfield. (Gibbons, Peter) |
| Filing 9 Second COUNTERCLAIM against Cross-complainant City of San Bernadino, Does, Does; Yes, filed by Cross-claimant Janet Summerfield. (Attachments: #1 Declaration AA-0 Declaration of J. Bolinger, #2 Exhibit A-1 JB1, #3 Exhibit A-2 JB2, #4 Exhibit A-3 JB3, #5 Exhibit A-4 JB4, #6 Exhibit A-5 JB5, #7 Exhibit A-6 JB6, #8 Exhibit A-7 JB7, #9 Declaration B-00 Declaration L. Haughton, #10 Exhibit B-01 LH1, #11 Exhibit B-02 LH2, #12 Exhibit B-03 LH3, #13 Exhibit B-04 LH4, #14 Exhibit B-05 LH5, #15 Exhibit B-06 LH6, #16 Exhibit B-07 LH7, #17 Exhibit B-08 LH8, #18 Exhibit B-09 LH9, #19 Exhibit B-10 LH10)(Gibbons, Peter) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 10/17/2022 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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Filing 7
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| FILING FEE PAID for new civil case. Receipt No. ACACDC-33815039 for $402 filing fee. (Gibbons, Peter) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: A case-initiating document was submitted without payment of the full filing fee. Within two business days of this notice, counsel must pay the filing fee or file a request to proceed in forma pauperis;otherwise, the docket for this case number will be closed and no further filings will be permitted under this case number. The filing fee may be paid online by docketing the event Pay Filing Fee. (sh) |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 3 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Mark C. Scarsi. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-01428 MCS (SHKx). (sh) |
| Filing 2 SUPPLEMENT to Complaint (Attorney Civil Case Opening),,,,, #1 filed by Cross Claimant Janet Summerfield. (Gibbons, Peter) |
| Filing 1 COMPLAINT with In Forma Pauperis request, filed by Cross-claimant Janet Summerfield. (Attachments: #1 Civil Cover Sheet, #2 Unredacted Document Cross-complaint, #3 Declaration Proof of Serice, #4 Exhibit Complaint, #5 Exhibit Summons, #6 Exhibit Order to Serve by Publication, #7 Exhibit Proof of Publication, #8 Exhibit Declaration JS, #9 Exhibit Demurrer JS, #10 Exhibit Motion CSB, #11 Exhibit Memo P&A CSB, #12 Exhibit RequestJudicial Ntc. CSB, #13 Exhibit Declaration CS CSB, #14 Exhibit Declaration NS CSB, #15 Exhibit Declaration KR CSB, #16 Exhibit PoS CSB, #17 Exhibit Opposition to Demurrer CSB, #18 Exhibit Request for Judicial Notice CSB, #19 Exhibit Opposition to Receiver JS, #20 Exhibit Memo P&A JS, #21 Exhibit Declaration DB JS, #22 Exhibit Declaration JS JS, #23 Exhibit Declaration JB JS, #24 Exhibit Reply re Demurrer JS, #25 Exhibit Declaration JB JS, #26 Exhibit PoS JS, #27 Exhibit Reply Oppsiton Receiver CSB, #28 Exhibit Declaration BH CSB, #29 Exhibit Declaration MC CSB, #30 Exhibit Minute Order S.Ct., #31 Exhibit Minute Order S.Ct., #32 Exhibit Minute Order S.Ct., #33 Exhibit Minute Order S.Ct., #34 Exhibit Request for Judicial Notice JS, #35 Exhibit PoS JS, #36 Exhibit, #37 Exhibit Cross-complaint, #38 Exhibit PoS) (Attorney Peter J Gibbons added to party Janet Summerfield(pty:crc))(Gibbons, Peter) |
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