Donn Johnston v. City of Garden Grove
| Donn Johnston |
| City of Garden Grove |
| 8:2022cv01883 |
| October 13, 2022 |
| US District Court for the Central District of California |
| John D Early |
| John F Walter |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Defendant |
Docket Report
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| Document Text |
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| Filing 24 PROOF OF SERVICE filed by Plaintiff Donn Johnston, re Opposition to Motion to Dismiss #23 served on 12/8/22. (hr) |
| Filing 23 OPPOSITION to MOTION to Dismiss Plaintiff's Amended Complaint #13 filed by Plaintiff Donn Johnston. (hr) |
Filing 22
MINUTE (In Chambers) Order Denying Prior Request to Continue as Moot by Magistrate Judge John D. Early: denying #19 REQUEST for Extension of Time to File. As the Prior Request was filed before the Request and sought a shorter extension of the same deadline, and as the Order extended that same deadline by 28 days, far more than the extension sought by the Prior Request, the Prior Request (Dkt. 19) is DENIED as duplicative and as moot. (see document for further details) (hr)
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| Filing 18 MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early: Order Granting Request to Continue. #15 REQUEST to Continue. As it is unopposed and for good cause shown, Plaintiffs belated Request (Dkt. 15) is GRANTED. Plaintiff shall have an additional 28 days from his original due date, that is, until December 8, 2022, to file any Opposition to the Motion; Defendants shall thereafter have 14 days from the filing of any opposition papers, to file any optional Reply. No further briefing is authorized without prior order from the Court. The hearing on the Motion is continued to January 5, 2023, starting at 10:00 a.m. or as soon thereafter as may be heard, at the same location.(see document for further details) (mba) |
| Filing 17 PROOF OF SERVICE filed by Plaintiff Donn Johnston, re REQUEST for Continuance #15 , Declaration #16 served on 11/21/22. (hr) |
| Filing 16 DECLARATION of Donn Johnston Re: Plaintiff's Unopposed REQUEST for Continuance #15 filed by Plaintiff Donn Johnston. (hr) |
| Filing 15 REQUEST for Continuance of Defendant's MOTION to Dismiss Plaintiff's Amended Complaint #13 filed by Plaintiff Donn Johnston. (Attachments: #1 Lodged Proposed Order) (hr) |
| Filing 25 DECLARATION with Plaintiff's Unopposed REQUEST for Extension of Time to File Opposition filed by Plaintiff Donn Johnston. (hr) |
| Filing 21 PROOF OF SERVICE filed by Plaintiff Donn Johnston, re REQUEST for Extension of Time to File Opposition to Motion to Dismiss #19 , Declaration #20 , served on 11/16/22. (hr) |
| Filing 20 DECLARATION with Plaintiff's Unopposed REQUEST for Extension of Time to File Opposition to Motion to Dismiss #19 filed by Plaintiff Donn Johnston. (hr) |
| Filing 19 REQUEST for Extension of Time to File Opposition to Motion to Dismiss filed by Plaintiff Donn Johnston. (Attachments: #1 Lodged Proposed Order) (hr) |
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Filing 14
MINUTES (In Chambers) Order re Briefing on Motion to Dismiss [Dkt. #13 ] by Magistrate Judge John D. Early: The Court orders the following briefing schedule for the Motion. Plaintiff shall file any opposition to the Motion by November 10, 2022. If Plaintiff files an opposition, Defendant may file an optional Reply by November 17, 2022. No further briefing is authorized with respect to the Motion without further order from the Court. (see document for further details) (et)
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| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Amended Complaint filed by Defendant City of Garden Grove. Motion set for hearing on 12/1/2022 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Proposed Order) (Kraus, Roberta) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Caroline Anne Byrne counsel for Defendant City of Garden Grove. Adding Caroline A. Byrne as counsel of record for City of Garden Grove for the reason indicated in the G-123 Notice. Filed by Defendant City of Garden Grove. (Byrne, Caroline) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #4 . The following error(s) was/were found: Incorrect case number. 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 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Ronald S.W. Lew to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:22-cv-01883 JFW(JDE). (rn)
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Filing 9
MINUTE (In Chambers) Order re Filing of Responsive Pleading by Defendant by Magistrate Judge John D. Early. Although Defendant had filed a demurrer and motion to strike the original complaint on technical grounds in state court, it does not appear Defendant filed a responsive pleading to the August 12, 2022 amended complaint in state court. Defendant is ordered to serve its responsive pleading within the applicable time period. (see document for further details) (hr)
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| Filing 8 NOTICE OF ASSIGNMENT to District Judge Ronald S.W. Lew and referred to Magistrate Judge John D. Early. (lh) |
| Filing 7 CORRECTED NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Ronald S.W. Lew for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to John D. Early. New Case Number 8:22-cv-01883 RSWL (JDE). (lh) |
| Filing 6 NOTICE OF CLERICAL ERROR: Due to clerical error this case was assigned improperly. Please disregard Docket Entry No. 5. Re: Intradistrict Transfer - Clerical Error (G-73) - optional html form, #5 (lh) |
| Filing 5 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge David O. Carter for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Douglas F. McCormick. New Case Number 8:22-cv-01883 DOC (DFMx). (lh) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Caroline Anne Byrne counsel for Defendant City of Garden Grove. Adding Caroline Byrne as counsel of record for City of Garden Grove for the reason indicated in the G-123 Notice. Filed by Defendant City of Garden Grove. (Attorney Caroline Anne Byrne added to party City of Garden Grove(pty:dft))(Byrne, Caroline) |
| CONFORMED FILED COPY OF COMPLAINT filed against Defendant City of Garden Grove, filed by Plaintiff Donn Johnston. (FILED IN ORANGE COUNTY SUPERIOR COURT ON 4/29/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED COPY OF AMENDMENT TO COMPLAINT plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint as The City of Garden Grove Police Department and having discovered the true name of the defendant to be City of Garden Grove, filed by Plaintiff Donn Johnston (FILED IN ORANGE COUNTY SUPERIOR COURT ON 8/5/2022 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant City of Garden Grove, (Kraus, Roberta) |
| Filing 2 CIVIL COVER SHEET filed by Defendant City of Garden Grove. (Kraus, Roberta) |
| Filing 1 NOTICE OF REMOVAL from Superior Court for the State of California, County Orange, Central Justice Center, case number 30-2022-01257164 Receipt No: ACACDC-34147351 - Fee: $402, filed by Defendant City of Garden Grove. (Attachments: #1 Exhibit (A) Summons and Complaint, #2 Exhibit (B) Demurrer, #3 Exhibit (C) Motion to Strike, #4 Exhibit (D) August 5th Signed Order, #5 Exhibit (E) Certificate of Service by State Court Clerk) (Attorney Roberta A Kraus added to party City of Garden Grove(pty:dft))(Kraus, Roberta) |
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| Plaintiff: Donn Johnston | |
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| Defendant: City of Garden Grove | |
| Represented By: | Caroline Anne Byrne |
| Represented By: | Roberta A Kraus |
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