Nancy Leonard v. City of Dana Point et al
| Nancy Leonard |
| Richard A Viczorek, Joe Muller, Mark Denny, Debra Lewis, Does 1 through 20, inclusive, Paul Wyatt, City of Dana Point, Jamey M Federico, County of Orange, Does 2 through 20, inclusive, Doe, Does 3 through 20, inclusive and Davida Tidwell |
| 8:2020cv01845 |
| September 24, 2020 |
| US District Court for the Central District of California |
| James V Selna |
| Autumn D Spaeth |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 89
MINUTES [IN CHAMBERS] Order Regarding Defendant's Motion to Dismiss by Judge James V. Selna: Defendant Davida Tidwell ("Tidwell") moved to dismiss the third amended complaint. Dkt. No. 79. Plaintiff Nancy Leonard ("Leonard") opposed the motion. Dkt. No. 82. Tidwell then replied. Dkt. No. 83. For the following reasons, the Court GRANTS the motion. (MD JS-6. Case Terminated) (es)
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| Filing 88 SUPPLEMENTAL BRIEF filed by DEFENDANT Davida Tidwell. RE TOPICS RAISED IN PLAINTIFF'S REQUEST FOR ORAL ARGUMENT regarding Motion Related Document #85 . (Wroniak, Michael) |
| Filing 87 [PLAINTIFF'S FURTHER BRIEFING ON DEFENDANT TIDWELL'S MOTION TO DISMISS] SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD-AMENDED COMPLAINT #79 filed by Plaintiff Nancy Leonard. (Lo, James) Modified on 6/29/2021 (es). |
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Filing 86
MINUTE ORDER [IN CHAMBERS] Regarding Hearing Request by Judge James V. Selna re: Motion Related Document #85 , NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD-AMENDED COMPLAINT #79 . The Court requests that Defendant Davida Tidwell file a brief, not to exceed five pages, responding to the arguments in the request by June 30, 2021 at 5:00 p.m. (mrgo)
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| Filing 85 REQUEST FOR ORAL ARGUMENT re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD-AMENDED COMPLAINT #79 filed by Plaintiff Nancy Leonard. (Lo, James) |
| Filing 84 First STIPULATION to Continue Mediation Cut off from June 18, 2021 to July 30, 2021 filed by Plaintiff Nancy Leonard.(Lo, James) |
| Filing 83 REPLY NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD-AMENDED COMPLAINT #79 filed by Defendant Davida Tidwell. (Wroniak, Michael) |
| Filing 82 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD-AMENDED COMPLAINT #79 filed by Plaintiff Nancy Leonard. (Lo, James) |
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Filing 81
MINUTES [IN CHAMBERS] Order Regarding Defendant's Motion to Dismiss #74 by Judge James V. Selna: Having originally posted this order as a tentative order with the opportunity to request a hearing, neither party did so. For the following reasons, the Court GRANTS the motion without leave to amend. [See order for details.] (es)
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Filing 80
ORDER by Judge James V. Selna Granting Substitution of attorney James K Lo for Nancy Leonard in place and stead of Edward R. Leonard, Esq. Poliquin & DeGrave LLP (es)
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| Filing 79 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD-AMENDED COMPLAINT filed by defendant Davida Tidwell. Motion set for hearing on 6/21/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration, #2 Proposed Order) (Attorney Michael L Wroniak added to party Davida Tidwell(pty:dft)) (Wroniak, Michael) |
| Filing 78 REPLY SUPPORT OF MOTION TO DISMISS NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT #74 filed by Defendants City of Dana Point, County of Orange. (Wroniak, Michael) |
| Filing 77 NOTICE filed by DEFENDANTS City of Dana Point, County of Orange. CHANGE OF FIRM NAME AND EMAIL ADDRESSES (Wroniak, Michael) |
| Filing 76 Opposition City's Motion to Dismiss &Cty's Motion to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT #74 filed by Plaintiff Nancy Leonard. (Attachments: #1 Certificate of Service)(Leonard, Edward) |
| PROOF OF SERVICE Executed by Plaintiff Nancy Leonard, upon Defendant Davida Tidwell served on 4/21/2021, answer due 5/12/2021. Service of the Summons and Complaint were executed upon Vanessa B. Reid in compliance with statute not specified by personal service. Original Summons NOT returned. [Proof of Service returned executed see document #75 duplicate entry]] (es) |
| Filing 75 PROOF OF SERVICE filed by Nancy Leonard Nancy Leonard, re Summons Issued #71 , Amended Complaint/Petition, #67 served on 04/21/2021. (Attachments: #1 Certificate of Service)(Leonard, Edward) |
| Filing 74 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S THIRD AMENDED COMPLAINT filed by DEFENDANTS City of Dana Point, County of Orange. Motion set for hearing on 5/24/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration) (Attorney April Marie Mitchell added to party City of Dana Point(pty:dft)) (Mitchell, April) |
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Filing 73
ORDER by Judge James V. Selna: GRANTING #72 Request of City of Dana Point to Substitute Attorney Michael L Wroniak, Retained Counsel as attorney of record instead of Mitchell D. Dean, Esq.; Stephanie M. Skees, Esq.; Dean Gazzo Roistacher LLP. (es)
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| Filing 72 REQUEST TO SUBSTITUTE ATTORNEY Michael L. Wroniak in place of attorney Mitchell D. Dean and Stephanie M. Skees filed by defendant City of Dana Point. (Attachments: #1 Certificate of Service) (Skees, Stephanie) |
| Filing 71 21 DAY Summons Issued re Amended Complaint/Petition, #67 as to Defendant Davida Tidwell. (es) |
| Filing 70 Request for Clerk to Issue Summons on Amended Complaint/Petition, #67 filed by Nancy Leonard Nancy Leonard. (Leonard, Edward) |
| Filing 69 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #68 . The following error(s) was found: The caption of the summons must match the caption of the 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. Summons to issue as to "Third" Amended Complaint. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (es) |
| Filing 68 Request for Clerk to Issue Summons on Amended Complaint/Petition, #67 filed by Nancy Leonard Nancy Leonard. (Leonard, Edward) |
| Filing 67 Third AMENDED COMPLAINT against City of Dana Point, County of Orange, Davida Tidwell Davida Tidwell amending MISC - Other Miscellaneous Case #45 , Amended Complaint/Petition #16 , filed by plaintiff Nancy Leonard (Attachments: #1 Certificate of Service)(Leonard, Edward) |
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Filing 66
MINUTES [IN CHAMBERS] Order Regarding Defendants' Motions to Dismiss by Judge James V. Selna: The County and Dana Point each filed a request for judicial notice. Dkt. Nos. 59 and 61. The Court GRANTS both requests. For the following reasons, the Court GRANTS the motion. Leonard has 30 days to replead. (See document for details.) (es)
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| Filing 65 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #60 - Second Amended Complaint filed by Defendant City of Dana Point. (Attachments: #1 Certificate of Service)(Skees, Stephanie) |
| Filing 64 REPLY NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT #58 filed by Defendant County of Orange. (Mitchell, April) |
| Filing 63 Opposition County's Motion to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT #58 filed by Plaintiff Nancy Leonard. (Attachments: #1 Certificate of Service)(Leonard, Edward) |
| Filing 62 Opposition City's Motion to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Case #60 filed by Plaintiff Nancy Leonard. (Attachments: #1 Certificate of Service)(Leonard, Edward) |
| Filing 61 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #60 /Second Amended Complaint filed by Defendant City of Dana Point. (Attachments: #1 Certificate of Service)(Skees, Stephanie) |
| Filing 60 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant City of Dana Point. Motion set for hearing on 3/15/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit "A" to Declaration, #4 Exhibit "B" to Declaration, #5 Proposed Order, #6 Certificate of Service) (Skees, Stephanie) |
| Filing 59 DECLARATION of APRIL M. MITCHELL NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT #58 filed by Defendant County of Orange. (Attachments: #1 Proposed Order)(Mitchell, April) |
| Filing 58 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S SECOND AMENDED COMPLAINT filed by defendant County of Orange. Motion set for hearing on 3/15/2021 at 01:30 PM before Judge James V. Selna. (Mitchell, April) |
| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #54 . The following error(s) was/were found: Signature missing on document. 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. (es) |
| [DUPLICATE ENTRY] SECOND AMENDED COMPLAINT against defendants City of Dana Point and County of Orange filed by Plaintiff Nancy Leonard amending Complaint - (Discovery); Party Debra Lewis (an individual), Joe Muller (an individual), Richard A Viczorek (an individual), Paul Wyatt (an individual), Mark Denny (an individual) and Jamey M Federico (an individual) terminated amending Amended Complaint/Petition #16 , filed by plaintiff Nancy Leonard(es) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),, #53 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Attorney. 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. (ak) |
| Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Address, #52 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Attorney. 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. (ak) |
| Filing 54 Request fort Dismissal; Order filed by Plaintiff Nancy Leonard re: MISC - Other Miscellaneous Case #45 (Attachments: #1 Certificate of Service)(Leonard, Edward) |
| Filing 53 Notice of Appearance or Withdrawal of Counsel: for attorney Edward R Leonard counsel for Plaintiff Nancy Leonard. Adding Edward R. Leonard as counsel of record for Plaintiff, Nancy Leonard for the reason indicated in the G-123 Notice. Derek A. Earley; Julee Marie Fritsch; Harrington, Foxx, Dubrow & Canter LLP is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Nancy Leonard. (Attachments: #1 Certificate of Service)(Leonard, Edward) |
| Filing 52 NOTICE of Change of firm name and address by Edward R Leonard attorney for Plaintiff Nancy Leonard. Changing firm name to Poliquin & DeGrave LLP and address to 22972 Mill Creek Dr. Laguna Hills, CA 92653. Filed by Plaintiff Nancy Leonard. (Attachments: #1 Certificate of Service)(Leonard, Edward) |
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Filing 51
MINUTES [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna. The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial: February 22, 2022 at 8:30 a.m. Final PreTrial Conference: February 7, 2022 at 11:00 a.m. Discovery Cut-off: November 8, 2021. Expert Discovery Cut-off: November 8, 2021. Law and Motion Cut-off: January 3, 2022 at 1:30 p.m. The Scheduling Conference set for February 1, 2021 at 11:30 a.m. is VACATED. (iv)
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Filing 50
ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb)
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| Filing 49 NOTICE of Appearance filed by attorney Stephanie M Skees on behalf of Defendant City of Dana Point (Attachments: #1 Proof of Service)(Attorney Stephanie M Skees added to party City of Dana Point(pty:dft))(Skees, Stephanie) |
| Filing 48 NOTICE of Change of firm name and address by Mitchell D Dean attorney for Defendant City of Dana Point. Changing firm name to Dean Gazzo Roistacher LLP and address to 440 Stevens Avenue, Suite 100, Solana Beach CA 92075. Filed by Defendant City of Dana Point. (Attachments: #1 Proof of Service)(Dean, Mitchell) |
| Filing 47 NOTICE of Appearance filed by attorney Mitchell D Dean on behalf of Defendant City of Dana Point (Attachments: #1 Proof of Service)(Dean, Mitchell) |
| Filing 46 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 - 7 days, filed by Plaintiff Nancy Leonard.. (Leonard, Edward) |
| Filing 45 [SECOND AMENDED COMPLAINT filed as] COMPLAINT FOR DAMAGES with filing fee previously paid (435.00 paid on 10/16/2020,, filed by plaintiff Nancy Leonard.(Leonard, Edward) Modified on 1/26/2021 (es). |
| Filing 44 PROOF OF SERVICE filed by Plaintiff Nancy Leonard, re Amended Complaint/Petition #16 served on 11/12/20. (Leonard, Edward) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Michael L Wroniak counsel for Defendant County of Orange. Adding Michael L. Wroniak as counsel of record for County of Orange for the reason indicated in the G-123 Notice. Filed by Defendant County of Orange. (Wroniak, Michael) |
| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #38 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Request - Request for Approval of Substitution or Withdrawal of Counsel (G-01). Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Counsel is recommended to use the Court's current form: Request for Approval of Substitution or Withdrawal of Counsel (G-01), and attach the (Proposed) Order for the Courts consideration. 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. (es) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #39 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
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Filing 40
ORDER by Judge James V. Selna. IT IS ORDERED: 1. The Motion to Dismiss pursuant to Rule 12(b)(6) presently scheduled for December 21, 2020 is off calendar; 2. The filing of the Amended Complaint will take place by no later than January 25, 2021. 3. The Rule 26(b)(f) report will be due on January 25, 2021. Scheduling Conference is set for February 1, 2021 at 11:30 a.m (es)
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| Filing 39 NOTICE of Appearance filed by attorney Michael L Wroniak on behalf of Defendant County of Orange (Attorney Michael L Wroniak added to party County of Orange(pty:dft))(Wroniak, Michael) |
| Filing 38 Substitution of Attorney filed by Plaintiff Nancy Leonard (Leonard, Edward) |
| Filing 37 First STIPULATION for Order Take Motion to Dismiss Off Calendar filed by Nancy Leonard Nancy Leonard. (Attachments: #1 Proposed Order)(Attorney Edward R Leonard added to party Nancy Leonard(pty:pla))(Leonard, Edward) |
| Filing 36 [PROOF OF SERVICE ON SUMMONS AND COMPLAINT RETURNED EXECUTED (21 DAY) filed as] re: Complaint - (Discovery), (Leonard, Edward) Modified on 12/3/2020 (es). |
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Filing 35
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT, THE COUNTY OF ORANGE TO FILE A RESPONSIVE PLEADING BEYOND THIRTY DAYS, #34 by Judge James V. Selna. IT IS HEREBY ORDERED THAT: 1. The Parties' Stipulation to Extend Time to Respond to Complaint is GRANTED. 2. The County of Orange shall file a response to Plaintiff's First Amended Complaint by January 25, 2021 or 21 days after Plaintiff files a Second Amended Complaint. (es)
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| Filing 34 STIPULATION for Extension of Time to File Answer to January 25, 2021 re Amended Complaint/Petition #16 filed by DEFENDANT County of Orange. (Attachments: #1 Proposed Order)(Attorney April Marie Mitchell added to party County of Orange(pty:dft))(Mitchell, April) |
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Filing 33
ORDER ON STIPULATION TO CONTINUE HEARING OF DEFENDANTS' MOTION TO DISMISS AND ORDER #30 by Judge James V. Selna. *NOTE: CHANGES MADE BY THE COURT* Plaintiffs deadline to file its opposition to Defendants' Motion to Dismiss is extended to December 3, 2020. Defendants' deadline to reply to Plaintiffs' opposition to Motion to Dismiss, will be extended to December 10, 2020. The hearing date for Defendants' Motion to Dismiss will be continued to December 21, 2020 at 1:30 p.m. (es)
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| Filing 32 Certificate of Service filed by Plaintiff Nancy Leonard re: Objection/Opposition (Motion related) #31 (Earley, Derek) |
| Filing 31 OPPOSITION Motion to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint #27 filed by Plaintiff Nancy Leonard. (Attachments: #1 Declaration)(Earley, Derek) |
| Filing 30 STIPULATION for Extension of Time to File Opposition to Motion to Dismiss filed by Nancy Leonard Nancy Leonard.(Earley, Derek) |
| Filing 29 21 DAY Summons Issued re Amended Complaint/Petition #16 as to Defendant County of Orange. (es) |
| Filing 28 Request for Clerk to Issue Summons on Amended Complaint/Petition #16 filed by Nancy Leonard Nancy Leonard. (Earley, Derek) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint filed by defendants City of Dana Point, Jamey M Federico, Joe Muller, Richard A Viczorek, Paul Wyatt. (Attachments: #1 Memorandum, #2 Request Judicial Notice, #3 Exhibit "A" to Request for Judicial Notice, #4 Declaration of Mitchell D. Dean, #5 Exhibit "A" to Declaration, #6 Exhibit "B" to Declaration, #7 Proposed Order, #8 Certificate of Service) (Dean, Mitchell) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #22 , Service of Summons and Complaint Returned Executed (21 days), #18 , Service of Summons and Complaint Returned Executed (21 days), #17 , Service of Summons and Complaint Returned Executed (21 days), #20 , Service of Summons and Complaint Returned Executed (21 days), #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service documents-Service/Waivers of Summons and Complaints: Summons Returned Unexecuted. Other error(s) with document(s): The summons filed are not in compliance with the Courts requirements. The Court clerks and Courts seal is not on the documents. Service was not executed UNDER FRCP 5(b)(2(D). The summons are invalid and are not properly filed.. 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. (es) |
| Filing 25 CERTIFICATE OF SERVICE filed by plaintiff Nancy Leonard, re Service of Summons and Complaint Returned Executed (21 days), #22 , Service of Summons and Complaint Returned Executed (21 days), #21 , Certificate/Notice of Interested Parties #24 , Amended Complaint/Petition #16 , Civil Cover Sheet (CV-71) #23 , Service of Summons and Complaint Returned Executed (21 days), #17 , Service of Summons and Complaint Returned Executed (21 days), #20 , Service of Summons and Complaint Returned Executed (21 days), #19 served on 10/16/2020. (Earley, Derek) |
| Filing 24 CERTIFICATE of Interested Parties filed by Plaintiff Nancy Leonard, (Earley, Derek) |
| Filing 23 CIVIL COVER SHEET filed by Plaintiff Nancy Leonard. (Earley, Derek) |
| Filing 22 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nancy Leonard, upon Defendant Richard A Viczorek served on 10/16/2020, answer due 11/6/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Julee M.Fritsch (Earley, Derek) |
| Filing 21 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nancy Leonard, upon Defendant Paul Wyatt served on 10/16/2020, answer due 11/6/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Julee M. Fritsch (Earley, Derek) |
| Filing 20 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nancy Leonard, upon Defendant Joe Muller served on 10/16/2020, answer due 11/6/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Julee M. Fritsch (Earley, Derek) |
| Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nancy Leonard, upon Defendant Jamey M Federico served on 10/16/2020, answer due 11/6/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Julee M. Fritsch (Earley, Derek) |
| Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nancy Leonard, upon Defendant Does served on 10/16/2020, answer due 11/6/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Julee M. Fritsch (Earley, Derek) |
| Filing 17 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nancy Leonard, upon Defendant City of Dana Point served on 10/16/2020, answer due 11/6/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Julee M. Fritsch (Earley, Derek) |
| Filing 16 FIRST AMENDED COMPLAINT against defendant All Defendants amending Complaint - (Discovery),, filed by plaintiff Nancy Leonard(Earley, Derek) |
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Filing 15
Order Setting Rule 26(f) Scheduling Conference set for 12/14/2020 at 11:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 12/7/2020. (lb)
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Filing 14
ORDER REGARDING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #6 by Judge James V. Selna. IT IS SO ORDERED that Defendants' responsive pleading deadline is October 30, 2020. (lom)
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| Filing 13 NOTICE OF LODGING filed re Stipulation Extending Time to Answer (30 days or less) #6 (Attachments: #1 Proposed Order Re: Stipulation To Extend Time To Respond To Initial Complaint By Not More Than 30 Days (L.R. 8-3), #2 Declaration of Service)(Daiza, Heather) |
| Filing 12 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 11 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 10 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 9 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (car) |
| Filing 6 STIPULATION Extending Time to Answer the complaint as to filed by defendants Paul Wyatt, Jamey M Federico, Joe Muller, City of Dana Point, Richard A Viczorek. (Attachments: #1 Declaration of Service)(Dean, Mitchell) |
| FILING FEE PAID for new civil case. Receipt No. ACACDC-28274544 for $400 filing fee. (Dean, Mitchell) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening),, #1 . 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. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants City of Dana Point, Mark Denny, Does 1 through 20, inclusive, Jamey M Federico, Debra Lewis, Joe Muller, Richard A Viczorek, Paul Wyatt. Jury Demanded, filed by Plaintiff Nancy Leonard. Filed in State Court on 9/2/2020 Submitted with Attachment 2 Exhibit A to Notice of Removal #1 (car) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendants City of Dana Point, Jamey M Federico, Joe Muller, Richard A Viczorek, Paul Wyatt, re Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #2 , Notice of Appearance or Withdrawal of Counsel (G-123),,, #3 Email and U.S. Mail served on September 24, 2020. (Daiza, Heather) |
| Filing 3 Notice of Appearance or Withdrawal of Counsel: for attorney Heather T. Daiza counsel for Defendants City of Dana Point, Jamey M Federico, Joe Muller, Richard A Viczorek, Paul Wyatt. Adding Heather T. Daiza as counsel of record for Defendants City of Dana Point, Jamey Federico, Richard Viczorek, Paul Wyatt, and Joe Muller for the reason indicated in the G-123 Notice. Filed by Defendants City of Dana Point, Jamey federico, Richard Viczorek, Paul Wyatt, Joe Muller. (Attorney Heather T. Daiza added to party City of Dana Point(pty:dft), Attorney Heather T. Daiza added to party Jamey M Federico(pty:dft), Attorney Heather T. Daiza added to party Joe Muller(pty:dft), Attorney Heather T. Daiza added to party Richard A Viczorek(pty:dft), Attorney Heather T. Daiza added to party Paul Wyatt(pty:dft))(Daiza, Heather) |
| Filing 2 CIVIL COVER SHEET filed by Defendants City of Dana Point, Jamey M Federico, Joe Muller, Richard A Viczorek, Paul Wyatt. (Dean, Mitchell) |
| Filing 1 NOTICE OF REMOVAL from County of Orange Superior Court, case number 30-2020-01158639 Fee Exemption in accordance with statute, filed by Defendants Paul Wyatt, Jamey M Federico, Joe Muller, City of Dana Point, Richard A Viczorek. (Attachments: #1 Declaration in Support of Notice of Removal, #2 Exhibit Complaint, #3 Exhibit Letter) (Attorney Mitchell D Dean added to party City of Dana Point(pty:dft), Attorney Mitchell D Dean added to party Jamey M Federico(pty:dft), Attorney Mitchell D Dean added to party Joe Muller(pty:dft), Attorney Mitchell D Dean added to party Richard A Viczorek(pty:dft), Attorney Mitchell D Dean added to party Paul Wyatt(pty:dft))(Dean, Mitchell) |
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