Jimmy Yarbrough v. San Bernardino County et al
| JIMMY YARBROUGH |
| San Bernardino County, City of Hesperia, City of Victorville and Town of Apple Valley |
| 5:2024cv00319 |
| February 7, 2024 |
| US District Court for the Central District of California |
| David T Bristow |
| Kenly Kiya Kato |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Both |
Docket Report
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Filing 23
NOTICE AND ORDER by Judge Kenly Kiya Kato: The Court is in receipt of Defendants Motion to Withdraw its Motion to Dismiss the First Amended Complaint. Dkt. #22 . Defendants Motion is GRANTED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tc) TEXT ONLY ENTRY
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| Filing 22 Notice of Withdrawal of Motion to Dismiss Case,, #20 filed by Defendant City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley. (Francisco, Lea) |
| Filing 21 second AMENDED COMPLAINT against defendants All Defendants amending Amended Complaint/Petition #14 , Complaint - (Discovery),, filed by plaintiff Jimmy Yarbrough(Kashani, Jonathan) |
| Filing 20 [WITHDRAWN, SEE DOC 22]. NOTICE OF MOTION AND MOTION to Dismiss Case /Plaintiff's First Amended Complaint filed by Defendants City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley. Motion set for hearing on 5/9/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Exhibit A, #2 Proposed Order re Defendants San Bernardino County, City of Hesperia, City of Victorville and Town of Apple Valley's Rule 12(b)(6) Motion to Dismiss First Amended Complaint) (Francisco, Lea) Modified on 4/4/2024 (aco). |
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Filing 19
ORDER RE STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Kenly Kiya Kato. Defendants San Bernardino County (sued as County of San Bernardino), City of Hesperia, City of Victorville, and Town of Apple Valley ("Defendants") shall have until March 28, 2024 to respond to the First Amended Complaint (FAC) in this action. RE: Stipulation Extending Time to Answer, #17 . (aco)
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| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Stipulation Extending Time to Answer (30 days or less), #17 . The following error(s) was/were found: Caption shall indicate how many previous extensions requested. See Judge Kato's Standing 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. (aco) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to City of Victorville answer now due 3/28/2024; City of Hesperia answer now due 3/28/2024; San Bernardino County answer now due 3/28/2024; Town of Apple Valley answer now due 3/28/2024, re Amended Complaint/Petition #14 filed by Defendant City of Victorville; City of Hesperia; San Bernardino County; Town of Apple Valley. (Attachments: #1 Proposed Order)(Francisco, Lea) |
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Filing 16
NOTICE AND ORDER by Judge Kenly Kiya Kato: The Court is in receipt of Plaintiffs counsel's response to the Court's February 27, 2024 Order to Show Cause. Dkt. #15 . While the Court is not pleased with Plaintiff's failure to comply with the Local Rules, the OSC is hereby DISCHARGED. The parties are warned that future failure to comply with the Local Rules will result in sanctions. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
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| Filing 15 DECLARATION of JONATHAN M. KASHANI RE OSC : MEET AND CONFER filed by Plaintiff Jimmy Yarbrough. (Kashani, Jonathan) |
| Filing 14 FIRST AMENDED COMPLAINT against DEFENDANT All Defendants amending Complaint - (Discovery),, filed by PLAINTIFF Jimmy Yarbrough(Kashani, Jonathan) |
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Filing 13
NOTICE AND ORDER by Judge Kenly Kiya Kato: On February 14, 2024, Defendants San Bernardino County, City of Hesperia, City of Victorville, and Town of Apple Valley filed a Motion to Strike Punitive Damages and a Motion to Dismiss. Dkts. #9 , #10 . Defense counsel further advised that despite multiple attempts to meet and confer with Plaintiff's counsel regarding the motions in compliance with Local Rule 7-3, Plaintiff's counsel failed to respond. Id. Plaintiff's counsel is HEREBY ORDERED TO SHOW CAUSE in writing no later than March 5, 2024 why he should not be sanctioned in the amount of $500.00 for failure to comply with the Local Rules. Counsel is further warned that failure to file a timely response will result in monetary sanctions in the amount of $500.00. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
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Filing 12
ORDER RE DEFENDANTS SAN BERNARDINO COUNTY, CITY OF HESPERIA, CITY OF VICTORVILLE AND TOWN OF APPLE VALLEY'S RULE 12(f) MOTION TO STRIKE PUNITIVE DAMAGES CLAIMS #9 [NOTE CHANGES BY COURT] by Judge Kenly Kiya Kato. IT IS HEREBY ORDERED ADJUDGED AND DECREED that the Defendants' Motion to Strike is hereby granted. IT IS HEREBY ORDERED ADJUDGED AND DECREED that Plaintiff's request for punitive damages in paragraphs 24, 57, 65, 74, 82, 87, 93, 97, 102 and prayer number 6 of Plaintiff's Complaint are stricken. In light of this Order, the hearing scheduled on March 14, 2024 is VACATED. (NOTE CHANGES BY COURT) (rolm)
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Filing 11
ORDER RE DEFENDANTS SAN BERNARDINO COUNTY, CITY OF HESPERIA, CITY OF VICTORVILLE AND TOWN OF APPLE VALLEY'S RULE 12(b)(6) MOTION TO DISMISS PLAINTIFF'S COMPLAINT #10 [NOTE CHANGES BY COURT] by Judge Kenly Kiya Kato. IT IS HEREBY ORDERED ADJUDGED AND DECREED that the Defendants' Motion to Dismiss is hereby granted with leave to amend. Plaintiff's failure to file an amended complaint within fourteen (14) days of the date of this order will result in dismissal for failure to prosecute and comply with Court orders. In light of this Order, the hearing scheduled on March 14, 2024 is VACATED. (SEE DOCUMENT FOR FURTHER DETAILS.) (NOTE CHANGES BY COURT) (rolm)
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| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendant City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley. Motion set for hearing on 3/14/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Exhibit, #2 Proposed Order) (Francisco, Lea) |
| Filing 9 NOTICE OF MOTION AND MOTION to Strike Punitive Damages Claims Complaint - (Discovery), filed by Defendant City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley. Motion set for hearing on 3/14/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Exhibit, #2 Proposed Order) (Francisco, Lea) |
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Filing 8
CIVIL STANDING ORDER by Judge Kenly Kiya Kato. (npo)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Kenly Kiya Kato and Magistrate Judge David T. Bristow. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley. Jury Demanded, filed by Plaintiff Jimmy Yarbrough. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 11/13/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Lea Patricia Lobo Francisco counsel for Defendants City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley. Adding Lea Patricia L. Francisco as counsel of record for San Bernardino County, City of Hesperia, City of Victorville and Town of Apple Valley for the reason indicated in the G-123 Notice. Filed by defendants San Bernardino County, City of Hesperia, City of Victorville and Town of Apple Valley. (Francisco, Lea) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley, (Francisco, Lea) |
| Filing 2 CIVIL COVER SHEET filed by Defendants City of Hesperia, City of Victorville, San Bernardino County, Town of Apple Valley. (Francisco, Lea) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVSB2328510 Receipt No: ACACDC-36874708 - Fee: $405, filed by defendants City of Victorville, City of Hesperia, San Bernardino County, Town of Apple Valley. (Attachments: #1 Exhibit Exhibit A - Yarbrough Complaint, #2 Exhibit Exh B - Yarbrough Summons, #3 Exhibit Exh C - Yarbrough Statement of Damages, #4 Exhibit Exh D - Yarbrough Civil Case Cover Sheet, #5 Exhibit Exh E - Yarbrough- Certificate Of Assignment, #6 Exhibit Exh F - Yarbrough Notice of TSC and case assignment) (Attorney Lea Patricia Lobo Francisco added to party City of Hesperia(pty:dft), Attorney Lea Patricia Lobo Francisco added to party City of Victorville(pty:dft), Attorney Lea Patricia Lobo Francisco added to party San Bernardino County(pty:dft), Attorney Lea Patricia Lobo Francisco added to party Town of Apple Valley(pty:dft))(Francisco, Lea) |
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