Adam Emmanuel Garcia v. City of Newport Beach et al
| ADAM EMMANUEL GARCIA |
| Zachery Varela, Gary Abrahamyan, Island Hotel, City of Newport Beach, Nicholas Carr, Rachel Cox, DOES 1 to 50, Anna Thelman, Officer Christopher Phelan, Brandon Boehme-Decew, Karen Gary Abrahamyan, Newport Beach Police Department and Christopher Phelan |
| 8:2019cv01308 |
| July 1, 2019 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| Otis D Wright |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
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Filing 37
MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR DEFAULT AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT by Magistrate Judge Karen L. Stevenson. On August 28, 2019, Plaintiff dismissed without prejudice Defendant Island Hotel pursuant to Federal Rule of Civil Procedure 41(a) or (c). Plaintiff has not filed an amended complaint. Therefore, IT IS ORDERED that Plaintiff's request for an entry of default against Defendant Island Hotel (Dkt. No. 14) #14 and Specially Appearing Defendant The Irvine Company LLC's motion for an order quashing service of summons and complaint against Defendant Island Hotel pursuant to Federal Rule of Civil Procedure 12(b)(5) (Dkt. No. 24) #24 are DENIED as moot. The remaining motions against additional defendants are under submission. (gr)
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Filing 36
NOTICE OF DISMISSAL WITHOUT PREJUDICE FOR THE ISLAND HOTEL (Garcia, Adam)
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Filing 35
PLAINTIFF'S NOTICE OF CHANGE OF TELEPHONE NUMBER (Garcia, Adam)
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Filing 34
PROOF OF SERVICE filed by Defendant Island Hotel, re Response in Opposition to Motion, #32 , Request for Judicial Notice #33 served on 08/23/19. (Everett, Seymour)
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Filing 33
REQUEST FOR JUDICIAL NOTICE re REQUEST for Entry of Default against Defendant Island Hotel #14 filed by Defendant Island Hotel. (Attachments: #1 Exhibit A)(Everett, Seymour)
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Filing 32
OPPOSITION to REQUEST for Entry of Default against Defendant Island Hotel #14 filed by Defendant Island Hotel. (Attachments: #1 Declaration Sharon Van Sant, #2 Declaration Seymour B. Everett III, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Everett, Seymour)
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Filing 31
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S CLAIMS FOR UNREASONABLE FORCE UNDER THE FOURTH AMENDMENT, VIOLATION OF HIS FIFTH AMENDMENT RIGHTS, NEGLIGENCE, FALSE ARREST, AND BATTERY PURSUANT TO F.R.C.P. RULE 12(b)(6) #5 filed by Defendants City of Newport Beach, Christopher Phelan. (Coleman, Susan)
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Filing 30
PROOF OF SERVICE filed by Plaintiff Adam Emmanuel Garcia, Proof of Service of Plaintiff's Opposition To City of Newport Beach and Phelan's Motion to Dismiss Plaintiff's Claims served on August 7, 2019. (Garcia, Adam)
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Filing 29
PROOF OF SERVICE filed by plaintiff Adam Emmanuel Garcia, served on August 7, 2018. (Garcia, Adam)
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Filing 28
DECLARATION of Adam Emmanuel Garcia In Opposition NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S CLAIMS FOR UNREASONABLE FORCE UNDER THE FOURTH AMENDMENT, VIOLATION OF HIS FIFTH AMENDMENT RIGHTS, NEGLIGENCE, FALSE ARREST, AND BATTERY PURSUANT TO F.R.C.P. RULE 12(b)(6) #5 filed by Plaintiff Adam Emmanuel Garcia. (Garcia, Adam)
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Filing 27
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S CLAIMS FOR UNREASONABLE FORCE UNDER THE FOURTH AMENDMENT, VIOLATION OF HIS FIFTH AMENDMENT RIGHTS, NEGLIGENCE, FALSE ARREST, AND BATTERY PURSUANT TO F.R.C.P. RULE 12(b)(6) #5 filed by Plaintiff Adam Emmanuel Garcia. (Garcia, Adam)
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Filing 26
MINUTE (IN CHAMBERS) ORDER SETTING BRIEFING SCHEDULE FOR REQUEST FOR DEFAULT JUDGMENT AGAINST ISLAND HOTEL (DKT. NO. #14 ) AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT (DKT. NO. #24 ) AND VACATING HEARING by Magistrate Judge Karen L. Stevenson. IT IS HEREBY ORDERED that, no later than August 23, 2019: Defendant Irvine Company shall file an Opposition to Plaintiff's Request for Default; and Plaintiff shall file an Opposition to Defendant Irvine Company's Motion to Quash. Any hearings set in connection with these motions, including the hearing set for September 4, 2019 at 10:00am,are VACATED. (see document for further details) (hr)
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Filing 25
NOTICE of Interested Parties filed by Defendant Island Hotel, identifying Irvine Company LLC erroneously sued as Island Hotel. (Attachments: #1 Supplement Notice of Specially Appearing Defendant)(Delashaw, Johnny)
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Filing 24
NOTICE OF MOTION AND MOTION to Quash Service of Summons and Complaint Pursuant to Rule 12(b)(5) filed by Specially Appearing Defendant Island Hotel. Motion set for hearing on 9/4/2019 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Attachments: #1 Declaration Sharon Van Sant, #2 Exhibit A, #3 Declaration Samantha Dorey, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order Granting Motion to Quash) (Attorney Johnny B Delashaw, III added to party Island Hotel(pty:dft)) (Delashaw, Johnny)
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Filing 23
PROOF OF SERVICE filed by Plaintiff Adam Emmanuel Garcia, re Response, #22 served on August 1, 2019. (Garcia, Adam)
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Filing 22
RESPONSE filed by Plaintiff Adam Emmanuel Garciato Objection/Opposition (Motion related) #12 Adam Emmanuel Garcia's Response to City of Newport Beach And Phelan's Opposition To Plaintiff's Application For Entry of Default (Attachments: #1 Declaration)(Garcia, Adam)
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Filing 21
MINUTE (IN CHAMBERS) ORDER STRIKING DUPLICATIVE DOCUMENT #15 by Magistrate Judge Karen L. Stevenson. In view of the Court's Notices of Document Discrepancies (Dkt. No. 18), IT IS HEREBY ORDERED that Docket No. 15 shall be STRICKEN from the docket and any hearings scheduled in connection with that document are VACATED. (see document for further details) (hr)
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Filing 20
MINUTE (IN CHAMBERS) ORDER STRIKING DKT. NO. #16 by Magistrate Judge Karen L. Stevenson. The Court discrepancied this document because it is unclear if it is intended to be Plaintiff's Opposition to Defendant's Motion to Dismiss or if it is a Reply in support of Plaintiff's own Application for Default Judgment. Accordingly, this document is STRICKEN but Plaintiff may refile it with a correct entry name. (see document for further details) (hr)
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Filing 19
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Opposition to City of Newport Beach #16 . The following error(s) was/were found: It is unclear if [Docket No. 16 - entitled "Adam Emmanuel Garcia's Opposition to City of Newport Beach and Phelan's Opposition to Plaintiff's Application for Entry of Default"] is Plaintiff's Opposition to Defendant's Motion to Dismiss. 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. (hr)
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Filing 18
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Entry of Default against Defendant Island Hotel #15 . The following error(s) was/were found: This document is a duplicate of the Request for Entry of Default filed at Docket No. 14. 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. (hr)
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Filing 17
PROOF OF SERVICE filed by PLAINTIFF Adam Emmanuel Garcia, re Objection/Opposition (Motion related),, #16 , Objection/Opposition (Motion related) #12 served on JULY 27, 2019. (Garcia, Adam)
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Filing 16
**STRICKEN PER MINUTE (IN CHAMBERS) ORDER #20 ** OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S CLAIMS FOR UNREASONABLE FORCE UNDER THE FOURTH AMENDMENT, VIOLATION OF HIS FIFTH AMENDMENT RIGHTS, NEGLIGENCE, FALSE ARREST, AND BATTERY PURSUANT TO F.R.C.P. RULE 12(b)(6) #5 TO DEFENDANTS MOTION TO SET ASIDE DEFAULT AGAINST CITY OF NEWPORT BEACH AND PHELAN'S OPPOSITION TO PLAINTIFF'S APPLICATION FOR ENTRY OF DEFAULT filed by Plaintiff Adam Emmanuel Garcia. (Attachments: #1 Declaration, #2 Memorandum)(Garcia, Adam) Modified on 7/31/2019 (hr).
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Filing 15
**STRICKEN PER MINUTE (IN CHAMBERS) ORDER, DOCKET NO. #21 ** REQUEST for Entry of Default against Defendant Island Hotel filed by Plaintiff Adam Emmanuel Garcia. (Garcia, Adam) Modified on 7/31/2019 (hr).
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Filing 14
REQUEST for Entry of Default against Defendant Island Hotel filed by Plaintiff Adam Emmanuel Garcia. (Garcia, Adam)
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Filing 13
PROOF OF SERVICE filed by defendants City of Newport Beach, Christopher Phelan, re Objection/Opposition (Motion related) #12 served on 07/19/2019. (Coleman, Susan)
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Filing 12
OPPOSITION re: APPLICATION for Clerk to Enter Default against Defendants City of Newport Beach, Newport Beach Police Department, Christopher Phelan #8 filed by Defendants City of Newport Beach, Christopher Phelan. (Coleman, Susan)
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Filing 11
ORDER by Magistrate Judge Karen L. Stevenson: granting #9 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts 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 Courts 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 10
MINUTE (IN CHAMBERS) ORDER SETTING BRIEFING SCHEDULE by Magistrate Judge Karen L. Stevenson re: APPLICATION for Clerk to Enter Default against Defendants City of Newport Beach, Newport Beach Police Department, Christopher Phelan #8 . IT IS HEREBY ORDERED that Defendants shall file an Opposition to the Application no later than August 7, 2019. The Court will order additional briefing if warranted based on the moving papers and opposition. (see document for further details) (hr)
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Filing 9
APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Adam Emmanuel Garcia. (hr)
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Filing 8
APPLICATION for Clerk to Enter Default against Defendants City of Newport Beach, Newport Beach Police Department, Christopher Phelan filed by Plaintiff Adam Emmanuel Garcia. (hr)
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Filing 7
MINUTE (IN CHAMBERS) ORDER VACATING HEARING AND SETTING BRIEFING SCHEDULE by Magistrate Judge Karen L. Stevenson re: NOTICE OF MOTION AND MOTION to Dismiss #5 . IT IS ORDERED that the August 7, 2019 hearing is VACATED and the following briefing schedule governs the Motion: (1) Plaintiff shall file and serve his Opposition no later than August 7, 2019; and (2) Defendants shall file any Reply no later than 14 days after their receipt of the Opposition. (see document for further details) (hr)
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Filing 6
NOTICE OF LODGING filed PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S CLAIMS FOR UNREASONABLE FORCE UNDER THE FOURTH AMENDMENT, VIOLATION OF HIS FIFTH AMENDMENT RIGHTS, NEGLIGENCE, FALSE ARREST, AND BATTERY PURSUANT TO F.R.C.P. RULE 12(b)(6) #5 (Attachments: #1 Proposed Order, #2 Proof of Service)(Coleman, Susan)
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Filing 5
NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S CLAIMS FOR UNREASONABLE FORCE UNDER THE FOURTH AMENDMENT, VIOLATION OF HIS FIFTH AMENDMENT RIGHTS, NEGLIGENCE, FALSE ARREST, AND BATTERY PURSUANT TO F.R.C.P. RULE 12(b)(6) filed by defendants City of Newport Beach, Christopher Phelan. Motion set for hearing on 8/7/2019 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Coleman, Susan)
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Filing 4
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and referred to Magistrate Judge Karen L. Stevenson. (esa)
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Filing 3
NOTICE of Interested Parties filed by Defendants City of Newport Beach, Christopher Phelan, identifying City of Newport Beach. (Coleman, Susan)
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Filing 2
CIVIL COVER SHEET filed by Defendants City of Newport Beach, Christopher Phelan. (Attachments: #1 Proof of Service)(Coleman, Susan)
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Filing 1
NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2019-01072958-CU-CR-CJC Receipt No: 0973-24015386 - Fee: $400, filed by defendants Christopher Phelan, City of Newport Beach. (Attachments: #1 Proof of Service) (Attorney Susan E Coleman added to party City of Newport Beach(pty:dft), Attorney Susan E Coleman added to party Christopher Phelan(pty:dft))(Coleman, Susan)
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