Gregory v. Fresno County, et al
| Matthew G. Gregory, Danella J. Gregory, Gina D. Gregory, Matthew J. Gregory and Wounded Warriors Support Group |
| Fresno County, Xavier Becerra, Julianne Mossler, Elizabeth S. Kim, Tanya M. Ibanez, The Registry of Charitable Trusts, Lisa Smittcamp, Jeffrey Dupras, Kamala Harris, David Eller, Walter Garcia and Department of Justice |
| 1:2018cv00524 |
| April 16, 2018 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Stanley A. Boone |
| Lawrence J. O'Neill |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
98
FINDINGS and RECOMMENDATIONS Recommending Granting Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, re 80 , 81 , 82 , 83 , 86 , signed by Magistrate Judge Stanley A. Boone on 6/7/19. Referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
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Filing
97
ORDER STRIKING Plaintiff's Supplemental Briefing, signed by Magistrate Judge Stanley A. Boone on 6/3/19. (Marrujo, C)
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Filing
89
ORDER RE PLAINTIFFS' REQUEST FOR CLARIFICATION OF SUPPLEMENTAL AUTHORITIES signed by Magistrate Judge Stanley A. Boone on 05/28/2019. IT IS HEREBY ORDERED that the parties may file supplemental briefing, not to exceed ten pages, by 3:00 p.m. on May 28, 2019, addressing those issues raised in the May 23, 2019 order.(Gonzales, V)
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Filing
87
ORDER PROVIDING PARTIES WITH NOTICE OF ISSUES TO BE ADDRESSED AT MOTION TO DISMISS HEARING. The parties shall be prepared to address the Matthews test and whether predeprivation notice was required to comport with due process prior to imposing monet ary penalties and revoking Plaintiffs charitable organization registration. If the parties wish to provide supplemental authority to address these issues described above, they may file their supplemental authority by Tuesday, May 28, 2019 by 3:00 p.m.. Signed by Magistrate Judge Stanley A. Boone on 5/23/2019. (Hernandez, M)
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Filing
79
STIPULATION and ORDER FOR FOURTEEN-DAY EXTENSION FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT. IT IS HEREBY ORDERED that the parties stipulated request for a fourteen-day extension for Defendants to respond to the first amended complaint is GRANTED and Defendants shall file their response to the first amended complaint on or before April 23, 2019. Signed by Magistrate Judge Stanley A. Boone on 04/04/2019. (Hernandez, M)
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Filing
76
ORDER Lifting Stay of Action; Entering Judgment in Favor of County of Fresno, Lisa Smittcamp, and Jeffrey Duprey; and Granting Plaintiff's Leave to File Amended Complaint, signed by Chief Judge Lawrence J. O'Neill on 2/11/19. 45-Day Deadline. (Marrujo, C)
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Filing
74
ORDER adopting Findings and Recommendations in part; granting County Defendants' Motion to Dismiss; granting in part and denying in part State Defendants' Motion to Dismiss; and staying action 21 , 25 , 62 signed by Chief Judge Lawrence J. O'Neill on 12/12/2018. (Lundstrom, T)
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Filing
70
ORDER to SHOW CAUSE re: Res Judicata Effect of State Court Jury Verdict,signed by Chief Judge Lawrence J. O'Neill on 11/9/18. Show Cause Response due by 11/30/2018. (Martin-Gill, S)
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Filing
65
ORDER GRANTING PLAINTIFFS REQUEST FOR AN EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS AND VACATING OCTOBER 9, 2018 SCHEDULING CONFERENCE. IT IS HEREBY ORDERED that: Plaintiffs request of for an extension of time to file objec tions to the findings and recommendations is GRANTED; Plaintiffs objections shall be filed on or before October 4, 2018; and The October 9, 2018 scheduling conference is VACATED to be reset at a later date. Signed by Magistrate Judge Stanley A. Boone on 9/11/2018. (Hernandez, M)
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Filing
62
FINDINGS and RECOMMENDATIONS -Based on the foregoing, IT IS HERBY RECOMMENDED that:1. The County Defendants motion to dismiss, filed July 3, 2018, be GRANTED on the ground that Plaintiffs have failed to state a cognizable claim against Defendants Fre sno County, Lisa Smittcamp, and Jeffrey Dupras;2. The claims against the County Defendants be DISMISSED with prejudice as barred by the statute of limitations;3. The State Defendants motion to dismiss, filed June 27, 2018, be GRANTED IN PART AND DENI ED IN PART as follows:a. State Defendants motion for the Court to abstain under Younger be GRANTED and this action be STAYED until the completion of the state proceedings in People v. WWSG, No. RG17856929 (Alameda Superior Court);b. State Defendants motion to dismiss the eighth cause of action for injunctive relief as barred by the Anti-Injunction Act be DENIED;c. County Defendants motion to dismiss the cause of action for injunctive relief without leave to amend as it is not an independent caus e of action be GRANTED;d. The claims for damages against the Department of Justice and Registry of Charitable Trusts and State Defendants in their official capacities be DISMISSED WITHOUT LEAVE TO AMEND as barred by the Eleventh Amendment; e. The fre edom of speech, freedom of association, and retaliation claims in violation of the First Amendment be DISMISSED for failure to state a claim;f. Plaintiffs claims alleging violations of the Fourth, Fifth, Sixth, and Ninth Amendments be DISMISSED WITHO UT LEAVE TO AMEND for failure to state a claim;g. State Defendants motion to dismiss the Fourteenth Amendment due process claims against Defendant Eller based upon the failure to provide a hearing; and against Defendant Mossler for issuing penalties without notice be DENIED;h. Plaintiffs stigma-plus claim against Defendant Eller be DISMISSED WITHOUT LEAVE TO AMEND on the ground that he is entitled to qualified immunity for the documents issued and posting them on the Registry of Charitable Trust s website;i. State Defendants motion to dismiss be GRANTED as to all remaining Fourteenth Amendment claims for failure to state a claim;j. State Defendants motion to dismiss the abuse of process claims under section 1983 be GRANTED for failure to sta te a claim;k. Plaintiffs state law privacy claim be DISMISSED for failure to state a claim;l. Defendants Kim, Ibanez, Harris, Becerra, Garcia be DISMISSED from this action on the ground that they are entitled to absolute prosecutorial immunity or qua lified immunity for the actions alleged in the complaint;m. State Defendants motion to dismiss all state law claims accruing before August 20, 2017 be GRANTED;n. All causes of action based on the May 2015 cease and desist letter be DISMISSED WITH PRE JUDICE as barred by the statute of limitations;4. Plaintiffs be granted the opportunity to file an amended complaint or notify the Court that they are willing to proceed on the cognizable claims once the stay of this action is lifted; and5. Any amend ed complaint shall not exceed twenty-five (25) pages in length. This page limit includes any exhibits incorporated by reference. IT IS FURTHER ORDERED that any objections to this findings and recommendations may not exceed 25 pages in length. THE MATTER IS REFERRED TO CHIEF, U.S. DISTRICT JUDGE LAWRENCE J. O'NEILL. Signed by Magistrate Judge Stanley A. Boone on 9/6/2018. (Hernandez, M)
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Filing
49
ORDER DISREGARDING OPPOSITION AND REQUEST FOR JUDICIAL NOTICE AND STRIKING PLAINTIFFS OPPOSITIONS TO DEFENDANTS MOTIONS TO DISMISS FOR VIOLATION OF COURT ORDER. IT IS HEREBY ORDERED that: Plaintiffs notice of judicial notice of additional facts disc overed (ECF No. 39) and opposition to State Defendants motion to dismiss (ECF No. 40) are DISREGARDED; Plaintiffs opposition to County of Fresno, Lisa Smittcamp and Jeffrey Dupras Defendants motion to dismiss (ECF No. 41) and Plaintiffs opposition to State Defendants motion to dismiss (ECF No. 43) are STRICKEN FROM THE RECORD; Plaintiffs shall file oppositions that comply with the page limitations set forth in the July 19, 2018 order by noon on August 6, 2018; Defendants reply, if any, shall be filed on or before August 10, 2018; and If Plaintiffs fail to file oppositions in compliance with this order, Defendants motions to dismiss shall be deemed unopposed. Signed by Magistrate Judge Stanley A. Boone on 8/2/2018. (Hernandez, M)
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Filing
38
ORDER Denying Plaintiff's 35 36 Requests to Exceed the Page Limits for their Opposition to Defendants' Motions to Dismiss signed by Magistrate Judge Stanley A. Boone on 07/19/2018. (Flores, E)
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Filing
28
ORDER REQUIRING COUNSEL'S PERSONAL APPEARANCE FOR AUGUST 15, 2018 HEARING. Signed by Magistrate Judge Stanley A. Boone on 7/9/2018. (Hernandez, M)
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Filing
18
ORDER GRANTING STATE DEFENDANTS' REQUEST TO EXCEED PAGE LIMIT IN CONNECTION WITH MOTION TO DISMISS signed by Chief Judge Lawrence J. O'Neill on June 12, 2018. (Munoz, I)
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Filing
12
Order GRANTING Defendant Department of Justices Motion for an Extension of Time to respond to the complaint; Order directing Clerk of Court to terminate Plaintiffs Motion for 0-day Extension of Time, signed by Magistrate Judge Stanley A. Boone on 5/16/2018. (Filing Deadline: 6/25/2018) (Rosales, O)
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