Elijah Behringer v. California Polytechnic State University, San Luis Obispo et al
| Elijah Behringer |
| California Polytechnic State University, San Luis Obispo, Jeffrey Armstrong, Tina Hadaway-Mellis, Valla Hardy, Amy Gode, San Luis Obispo County and Penny Borenstein |
| 5:2023cv00934 |
| May 23, 2023 |
| US District Court for the Central District of California |
| Steve Kim |
| John F Walter |
| Civil Rights: Education |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Douglas C Smith counsel for Defendants Penny Borenstein, Penny Borenstein, San Luis Obispo County. Adding John R Byerly as counsel of record for County of San Luis Obispo and Penny Borenstein for the reason indicated in the G-123 Notice. Filed by Defendants County of San Luis Obispo and Penny Borenstein. (Smith, Douglas) |
Filing 25
MINUTES (IN CHAMBERS) ORDER RE MOTIONS TO DISMISS (ECF #17 & #20 ) by Magistrate Judge Steve Kim. Accordingly, the hearings on both motions are RESET to August 23, 2023 at 10:00 AM, to be held in person in Courtroom 540, 5th Floor of the Roybal Federal Building and U.S. Courthouse, 255 E. Temple Street, Los Angeles, CA 90012, before Judge Kim. (SEE ORDER FOR DETAILS). (clee)
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| Filing 24 PROOF OF SERVICE filed by Defendants Jeffrey Armstrong(individual), Jeffrey Armstrong(Cal Poly President, in his official capacity), California Polytechnic State University, San Luis Obispo, Amy Gode(individual), Amy Gode(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(individual), Valla Hardy(individual), Valla Hardy(Cal Poly Administrator, in her official capacity), re Certificate/Notice of Interested Parties,,, #21 , Notice of Appearance or Withdrawal of Counsel (G-123),,, #23 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(B) #20 , Notice of Appearance or Withdrawal of Counsel (G-123),, #22 served on 7/14/2023. (Parker, Warrington) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Warrington S Parker, III counsel for Defendants Jeffrey Armstrong, Jeffrey Armstrong, California Polytechnic State University, San Luis Obispo, Amy Gode, Amy Gode, Tina Hadaway-Mellis, Tina Hadaway-Mellis, Valla Hardy, Valla Hardy. Adding Uri Niv as counsel of record for Board of Trustees of the California State University (erroneously sued as "California Polytechnic State University, San Luis Obispo"); Jeffrey Armstrong; Tina Hadaway-Mellis; Valla Hardy; and Amy Gode for the reason indicated in the G-123 Notice. Filed by Defendants Board of Trustees of the California State University (erroneously sued as "California Polytechnic State University, San Luis Obispo"); Jeffrey Armstrong; Tina Hadaway-Mellis; Valla Hardy; and Amy Gode. (Parker, Warrington) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Warrington S Parker, III counsel for Defendants Jeffrey Armstrong, Jeffrey Armstrong, California Polytechnic State University, San Luis Obispo, Amy Gode, Amy Gode, Tina Hadaway-Mellis, Tina Hadaway-Mellis, Valla Hardy, Valla Hardy. Adding Warrington S. Parker as counsel of record for Board of Trustees of the California State University (erroneously sued as "California Polytechnic State University, San Luis Obispo"); Jeffrey Armstrong; Tina Hadaway-Mellis; Valla Hardy; and Amy Gode for the reason indicated in the G-123 Notice. Filed by Defendants Warrington S. Parker. (Parker, Warrington) |
| Filing 21 CERTIFICATE of Interested Parties filed by Defendants Jeffrey Armstrong(individual), Jeffrey Armstrong(Cal Poly President, in his official capacity), California Polytechnic State University, San Luis Obispo, Amy Gode(individual), Amy Gode(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(individual), Valla Hardy(individual), Valla Hardy(Cal Poly Administrator, in her official capacity), identifying Elijah Behringer, Plaintiff; Board of Trustees of the California State University (erroneously sued as "California Polytechnic State University, San Luis Obispo, Defendant; Jeffrey Armstrong, Defendant; Tina Hadaway-Mellis, Defendant; Valla Hardy, Defendant; Amy Gode, Defendant. (Parker, Warrington) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(B) filed by Defendants Jeffrey Armstrong(individual), Jeffrey Armstrong(Cal Poly President, in his official capacity), California Polytechnic State University, San Luis Obispo, Amy Gode(individual), Amy Gode(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(individual), Valla Hardy(individual), Valla Hardy(Cal Poly Administrator, in her official capacity). Motion set for hearing on 8/21/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Memorandum of Points of Authorities in Support of Motion to Dismiss Plaintiff's Amended Complaint, #2 Proposed Order) (Attorney Warrington S Parker, III added to party Jeffrey Armstrong(pty:dft), Attorney Warrington S Parker, III added to party Jeffrey Armstrong(pty:dft), Attorney Warrington S Parker, III added to party California Polytechnic State University, San Luis Obispo(pty:dft), Attorney Warrington S Parker, III added to party Amy Gode(pty:dft), Attorney Warrington S Parker, III added to party Amy Gode(pty:dft), Attorney Warrington S Parker, III added to party Tina Hadaway-Mellis(pty:dft), Attorney Warrington S Parker, III added to party Tina Hadaway-Mellis(pty:dft), Attorney Warrington S Parker, III added to party Valla Hardy(pty:dft), Attorney Warrington S Parker, III added to party Valla Hardy(pty:dft)) (Parker, Warrington) |
| Filing 19 NOTICE OF ERRATA filed by Defendants Penny Borenstein, Penny Borenstein, San Luis Obispo County. correcting NOTICE OF MOTION AND MOTION to Dismiss Case #17 (Attachments: #1 Proposed Order)(Smith, Douglas) |
| Filing 18 Certification and NOTICE of Interested Parties filed by Defendants Penny Borenstein(individual), Penny Borenstein(County Health Officer, in her official capacity), San Luis Obispo County, (Smith, Douglas) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Penny Borenstein(individual), Penny Borenstein(County Health Officer, in her official capacity), San Luis Obispo County. Motion set for hearing on 8/21/2023 at 01:30 PM before Judge John F. Walter. (Smith, Douglas) |
| Filing 16 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Referred),,, #1 , filed by plaintiff Elijah Behringer(Behringer, Elijah) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to San Luis Obispo County answer now due 7/23/2023; Penny Borenstein(individual) answer now due 7/23/2023; Penny Borenstein(County Health Officer, in her official capacity) answer now due 7/23/2023, re Complaint - (Referred),,, #1 filed by Defendants San Luis Obispo County; Penny Borenstein(individual); Penny Borenstein(County Health Officer, in her official capacity).(Attorney Douglas C Smith added to party Penny Borenstein(pty:dft), Attorney Douglas C Smith added to party Penny Borenstein(pty:dft), Attorney Douglas C Smith added to party San Luis Obispo County(pty:dft))(Smith, Douglas) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Elijah Behringer, upon Defendant San Luis Obispo County served on 6/2/2023, answer due 6/23/2023. Service of the Summons and Complaint were executed upon Jessica Kronge - Admin Assistant 3 in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Behringer, Elijah) |
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Filing 13
ORDER by Magistrate Judge Steve Kim: granting #12 APPLICATION for Pro Se Electronic Filing. Pursuant to Local Rule 5-4.1.1, the applicant must register to use the Court's CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Court's website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (hr)
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| Filing 12 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Elijah Behringer. (hr) |
| Filing 11 21 DAY Summons Issued re Complaint #1 as to Defendant Tina Hadaway-Mellis. (hr) |
| Filing 10 21 DAY Summons Issued re Complaint #1 as to Defendant Valla Hardy. (hr) |
| Filing 9 21 DAY Summons Issued re Complaint #1 as to Defendant San Luis Obispo County. (hr) |
| Filing 8 21 DAY Summons Issued re Complaint #1 as to Defendant Penny Borenstein. (hr) |
| Filing 7 21 DAY Summons Issued re Complaint #1 as to Defendant California Polytechnic State University, San Luis Obispo. (hr) |
| Filing 6 21 DAY Summons Issued re Complaint #1 as to Defendant Jeffrey Armstrong. (hr) |
| Filing 5 21 DAY Summons Issued re Complaint #1 as to Defendant Amy Gode. (hr) |
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Filing 4
INITIAL CASE MANAGEMENT ORDER IN CIVIL RIGHTS CASES by Magistrate Judge Steve Kim. Plaintiff must serve the summons and complaint on all named defendants in this action within 90 days from the filing the Complaint, that is, by August 21, 2023. (SEE ORDER FOR DETAILS). (Attachments: #1 Consent Form) (clee)
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge John F. Walter and referred to Magistrate Judge Steve Kim. (ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Elijah Behringer. (ghap) |
| Filing 1 COMPLAINT filed against Defendants Jeffrey Armstrong(individual), Jeffrey Armstrong(Cal Poly President, in his official capacity), Penny Borenstein(individual), Penny Borenstein(County Health Officer, in her official capacity), California Polytechnic State University, San Luis Obispo, Amy Gode(individual), Amy Gode(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(Cal Poly Administrator, in her official capacity), Tina Hadaway-Mellis(individual), Valla Hardy(individual), Valla Hardy(Cal Poly Administrator, in her official capacity), San Luis Obispo County Case assigned to Judge John F. Walter and referred to Magistrate Judge Steve Kim.(Filing fee$402:PAID), filed by plaintiff Elijah Behringer. (Attachments: #1 CV-71) (ghap) |
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