Dale E. Phillips v. The Irvine Company LLC et al
| Dale E. Phillips |
| Fashion Island Guard, Newport Beach Police Department, The Irvine Company LLC doing business as Fashion Island, Miguel Ramirez, S. Hernandez, Doe, Officer Doe, Jon Lewis, Chief of Police Jon Lewis, John Doe and Does 5-20 Inclusive |
| 8:2023cv00622 |
| April 6, 2023 |
| US District Court for the Central District of California |
| Brianna Fuller Mircheff |
| Alka Sagar |
| Christina A Snyder |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER STRIKING FILED DOCUMENTS FROM THE RECORD by Magistrate Judge Brianna Fuller Mircheff: the documents listed below were improperly filed for the following reasons: Discovery documents must be served on opposing party and should only be filed with the Court in connection with a pending motion. Fed.R.Civ.P. 5(d)(1). C.D. Local Rule 26-2. The clerk is directed to return the Proof of Service Re Subpoena to Plaintiff along with a copy of the Court's May 18, 2023, Order; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Proof of Service (subsequent documents) #28 . (Attachments: #1 Attachment to CV80 ECF No 27, #2 Attachment to CV80 ECF No 28) (et)
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| Filing 28 **STRICKEN DOCUMENT SEE ORDER #29 * PROOF OF SERVICE RE SUBPOENA served on 5/23/2023 filed by Plaintiff Dale E. Phillips (es) Modified on 5/24/2023 (et). |
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Filing 27
MINUTE ORDER (In Chambers) Order Re: Subpoena Filed with Court (ECF No. 26) by Magistrate Judge Brianna Fuller Mircheff: re: Subpoena (AO 88) Issued #26 . Plaintiff has not asked the Court to take any action on this Subpoena and is advised that unless "used in the proceedings," discovery documents such as the Subpoena "must not be filed" with the Court. Fed. R. Civ. P. 5(d)(1); C.D. Local Rule 26-2. Accordingly, unless he is bringing a discovery motion, Plaintiff is advised that he must not file anything with the Court regarding discovery requests or responses including subpoenas directed at third parties that have been served in this action. [See document for further details.] (Attachments: #1 Attachment 1 of 1) (es) Modified on 5/23/2023 (es).
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| Filing 26 SUBPOENA IN A CIVIL CASE issued as to Leonardo Cruz - Manager of Auntie Anne's (Fashion Island). (ts) |
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Filing 25
MINUTE ORDER IN CHAMBERS by Magistrate Judge Brianna Fuller Mircheff. The Court is in receipt of Defendant City of Newport Beach and Chief Jon Lewis' "Motion to Dismiss," filed on May 10, 2023. Plaintiff's opposition shall be filed NO LATER THAN JUNE 12, 2023. Defendants' reply, if any, is due NO LATER THAN THREE (3) WEEKS after service of the opposition. The Court will take the matter under submission without oral argument as of the date Defendants' reply is due. Plaintiff is advised that failure to oppose a motion to dismiss may be construed as consent to the granting of the motion, and may result in dismissal of these Defendants. Local Rule 7-12. The hearing noticed for June 7, 2023, is ORDERED OFF CALENDAR. IT IS SO ORDERED. re: NOTICE OF MOTION AND MOTION to Dismiss ALL CLAIMS AGAINST THE NEWPORT BEACH DEFENDANTS #24 (ch)
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| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss ALL CLAIMS AGAINST THE NEWPORT BEACH DEFENDANTS filed by Defendants Jon Lewis(official capacity), Jon Lewis(in his personal), Newport Beach Police Department(official capacity). Motion set for hearing on 6/7/2023 at 10:00 AM before Magistrate Judge Brianna Fuller Mircheff. (Attachments: #1 Proposed Order) (Attorney Natalie F Price added to party Jon Lewis(pty:dft), Attorney Natalie F Price added to party Jon Lewis(pty:dft), Attorney Natalie F Price added to party Newport Beach Police Department(pty:dft)) (Price, Natalie) |
| Filing 19 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Service of Summons and Complaint Returned Executed (21 days), #18 The wrong image is attached to the docket entry. See attachment for viewing. (es) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant The Irvine Company LLC /dba/ Fashion Island served on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Corporation Service Co, who is designated by law to accept service of process on behalf of The Irvine Company LLC in compliance with Federal Rules of Civil Procedure by mail as instructed to: Corporation Service Company. (es) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant Miguel Ramirez served on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Corporation Service Co. in compliance with Federal Rules of Civil Procedure by mail as instructed to: Corporation Service Company. (es) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant Chief of Police Jon Lewis served on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Kimberly Rieff, Assistant to Mayor, who is designated to to accept service on behalf of City of Newport Beach P.D. in compliance with Federal Rules of Civil Procedure by personal service. (es) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant S. Hernandez served on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Corporation Service Co, who is designated to accept service on behalf of The Irvine Company LLC in compliance with Federal Rules of Civil Procedure by mail as instructed to: Corporation Service Company 2710 Gateway Oaks Drive Ste 150N Sacramento CA 95835-3505. (es) |
| Filing 18 [NOTICE OF CLERICAL ERROR ISSUED SEE DKT. #19 ] PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant Newport Beach Police Department formerly known as Officer Doe 2 on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Kimberly Rieff, Assistant to Mayor, who is designated to accept service of process on behalf of City of Newport Beach P.D. in compliance with Federal Rules of Civil Procedure. (es) Modified on 5/1/2023 (es). |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant Newport Beach Police Department formerly known as Officer Doe 1 on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Kimberly Rieff, Assistant to Mayor, who is designated to accept service of process on behalf of City of Newport Beach P.D. in compliance with Federal Rules of Civil Procedure by personal service (es) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant Newport Beach Police Department formerly known as Officer Doe 2 served on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Kimberly Rieff, who is designated to accept service of process on behalf of City of Newport Beach P.D. in compliance with Federal Rules of Civil Procedure by mail as Instructed to: Corporation Service Company. (es) Modified on 5/2/2023 (es). |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant Newport Beach Police Department f/k/a Officer Doe 2 served on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Kimberly Rieff, Assistant to Mayor, who is designated to accept service of process on behalf of City of Newport Beach P.D. in compliance with Federal Rules of Civil Procedure by personal service (es) Modified on 5/3/2023 (es). |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Dale E. Phillips, upon Defendant Chief of Police Jon Lewis served on 4/19/2023, answer due 5/10/2023. Service of the Summons and Complaint were executed upon Kimberly Rieff, Assistant to Mayor, who is designated to accept service on behalf of City of Newport Beach P.D. in compliance with Federal Rules of Civil Procedure by personal service (es) |
| Filing 13 NOTICE CHANGE OF EMAIL ADDRESS filed by Plaintiff Dale E. Phillips. (es) |
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Filing 12
ORDER RE: CIVIL RIGHTS CASE by Magistrate Judge Brianna Fuller Mircheff. This case has been referred to Magistrate Judge Brianna Fuller Mircheff forpre-trial proceedings. All future pleadings shall be addressed to Christianna Howard, Clerk to Magistrate Judge Mircheff, Roybal Federal Building and United States Courthouse, 255 E. Temple Street, Los Angeles, California 90012. I. Service of Summons and Complaint. Plaintiff shall promptly proceed with service of the summons and complaint on all named Defendants. Service of the summons and complaint must comply with the provisions of Rule 4, Federal Rules of Civil Procedure. Plaintiff shall file one (1) copy of the proof of service showing compliance with this order within sixty (60) days of filing the complaint, i.e., NO LATER THAN JUNE 5, 2023. SEE ORDER FOR DETAILS. (ch)
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Filing 11
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 23-036 by Magistrate Judge Karen L. Stevenson. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Magistrate Judge Brianna F. Mircheff, this case is transferred from the calendar of Magistrate Judge Alka Sagar to the calendar of Magistrate Judge Brianna Fuller Mircheff for all further proceedings. All documents subsequently filed shall bear this new case designation 8:23-cv-00622 CAS(BFM) absent further order of the Court. (rn)
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Filing 10
ORDER by Magistrate Judge Alka Sagar: granting #9 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 9 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Dale E. Phillips. (Attachments: #1 Lodged Proposed Order) (hr) |
| Filing 8 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Civil Rights Complaint #1 . The following error(s) was/were found: Document lacks required signature; Hand-signed signature is required for non CM/ECF filer (see L.R. 5-4.3.4). 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) |
| Filing 7 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Deficiency in Electronically Filed Documents (G-112A) #6 , Notice of Change of Email Address #5 by Magistrate Judge Alka Sagar. The document is stricken. The plaintiff shall refile his notice with his signature that complies with L.R. 5-4.3.4. (hr) |
| Filing 6 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Notice of Change of Email Address #5 . The following error(s) was/were found: Document lacks required signature; Hand-signed signature is required for non CM/ECF filer (see L.R. 5-4.3.4). You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 5 ***STRICKEN PER ORDER #7 *** NOTICE of Change of Email Address filed by Plaintiff Dale E. Phillips. (hr) Modified on 4/18/2023 (hr). |
| Filing 4 21 DAY Summons Issued re Complaint #1 as to Defendants Fashion Island Guard, Fashion Island Guard(in his personal), Fashion Island Guard(official capacity), S. Hernandez(official capacity), S. Hernandez(in his personal), Jon Lewis(official capacity), Jon Lewis(in his personal), Newport Beach Police Department(official capacity), Newport Beach Police Department(in his personal), Dale E. Phillips, Miguel Ramirez(in his personal), Miguel Ramirez(official capacity), The Irvine Company LLC. (hr) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and referred to Magistrate Judge Alka Sagar. (ghap) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Dale Phillips. (ghap) |
| Filing 1 COMPLAINT filed against Defendants Does 5-20 Inclusive, Fashion Island Guard, Fashion Island Guard(in his personal), Fashion Island Guard(official capacity), S. Hernandez(official capacity), S. Hernandez(in his personal), John Doe, Jon Lewis(official capacity), Jon Lewis(in his personal), Newport Beach Police Department(official capacity), Newport Beach Police Department(in his personal), Miguel Ramirez(in his personal), Miguel Ramirez(official capacity), The Irvine Company LLC Case assigned to Judge Christina A. Snyder and referred to Magistrate Judge Alka Sagar.(Filing fee$402:PAID), filed by plaintiff Dale Phillips. (Attachments: #1 CV-71, #2 Summons for Chief Jon Lewis, #3 Summons for Miguel Ramirez, #4 Summons for NBPD Officer Doe 1, #5 Summons for NBPD Officer Doe 2, #6 Summons for Newport Beach Police Department, #7 Summons for S. Hernanez, #8 Summons for Security Guard Doe 2, #9 Summons for The Irvine Company, LLC) (ghap) |
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