Harold John Schell v. United States of America et al
| Harold John Schell |
| Silverlake Resort, LLC and United States of America |
| 1:2020cv01737 |
| December 10, 2020 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| P.I.: Other |
| 28 U.S.C. § 2674 |
| Plaintiff |
Docket Report
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| Filing 34 ANSWER by United States of America.(Frueh, Joseph) |
| Filing 33 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 4/8/2021 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Martin-Gill, S) |
| Filing 32 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Frueh for United States of America, attorney Margaret Ming Chen and Paul Bartholomew Green terminated (Frueh, Joseph) |
| Filing 31 CASE TRANSFERRED IN from District of California Central; Case Number 2:20-cv-08854. |
Filing 30
ORDER TRANSFERRING ACTION TO THE EASTERN DISTRICT OF CALIFORNIA by Judge Percy Anderson. IT IS HEREBY ORDERED that pursuant to 28 U.S.C. 1404(a), 1406(a), this action is transferred to the Eastern District of California. Case transferred electronically on 12/8/2020. (MD JS-6. Case Terminated.) (mrgo) [Transferred from cacd on 12/10/2020.]
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| Filing 29 STIPULATION to Transfer Case to the EASTERN DISTRICT OF CALIFORNIA filed by Defendant United States of America. (Attachments: #1 Proposed Order, #2 Proof of Service)(Chen, Margaret) [Transferred from cacd on 12/10/2020.] |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander R Wheeler counsel for Plaintiff Harold John Schell. Adding Alexander Wheeler as counsel of record for Plaintiff, Harold John Schell for the reason indicated in the G-123 Notice. Filed by plaintiff plaintiff. (Attorney Alexander R Wheeler added to party Harold John Schell(pty:pla))(Wheeler, Alexander) [Transferred from cacd on 12/10/2020.] |
| Filing 27 RESPONSE filed by Defendant United States of Americato Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #13 (Attachments: #1 Proof of Service)(Chen, Margaret) [Transferred from cacd on 12/10/2020.] |
| Filing 26 RESPONSE filed by Defendant Silverlake Resort, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, #15 (Attachments: #1 Declaration, #2 Declaration)(Olson, Sonali) [Transferred from cacd on 12/10/2020.] |
| Filing 25 Notice of Electronic Filing re Stipulation Extending Time to Answer (30 days or less) #24 , Answer to Complaint #19 , Response, #20 , Order #23 , Deficiency in Electronically Filed Documents (G-112A) #21 e-mailed to Michael H. Casey bounced due to e-mail address couldn't be found. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY [Transferred from cacd on 12/10/2020.] |
| Filing 24 STIPULATION Extending Time to Answer the complaint as to United States of America answer now due 12/15/2020, re Complaint (Attorney Civil Case Opening) #3 filed by Defendant United States of America.(Chen, Margaret) [Transferred from cacd on 12/10/2020.] |
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Filing 23
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 1/4/2021 at 10:30 AM before Judge Percy Anderson.) (mrgo) [Transferred from cacd on 12/10/2020.]
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| Filing 22 NOTICE of Interested Parties filed by Defendant Silverlake Resort, LLC, (Olson, Sonali) [Transferred from cacd on 12/10/2020.] |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #19 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (mrgo) [Transferred from cacd on 12/10/2020.] |
| Filing 20 RESPONSE filed by Plaintiff Harold John Schellto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #13 (Attachments: #1 Declaration Declaration of Ellery Gordon in Response to OSC)(Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening) #3 with JURY DEMAND filed by Defendant Silverlake Resort, LLC.(Attorney Sonali Olson added to party Silverlake Resort, LLC(pty:dft))(Olson, Sonali) [Transferred from cacd on 12/10/2020.] |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Margaret Ming Chen counsel for Defendant United States of America. Adding Margaret M. Chen as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Defendant United States of America. (Attorney Margaret Ming Chen added to party United States of America(pty:dft))(Chen, Margaret) [Transferred from cacd on 12/10/2020.] |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Bartholomew Green counsel for Defendant United States of America. Adding Paul Bartholomew Green as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Defendant United States of America. (Attorney Paul Bartholomew Green added to party United States of America(pty:dft))(Green, Paul) [Transferred from cacd on 12/10/2020.] |
| Filing 16 NOTICE Notice of Ruling filed by plaintiff Harold John Schell. (Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
| Filing 14 NOTICE Notice of Ruling re Standing Order filed by plaintiff Harold John Schell. (Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
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Filing 15
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. On October 21, 2020, Plaintiff filed a Declaration in response to the Court's Order to Show Cause. (Dkt. 12.) Plaintiff states that, "after meeting and conferring with counsel for Defendant Silverlake Resort, LLC, and counsel for Defendant United States of America, the parties agreed that Plaintiff would dismiss his lawsuit filed on July 16, 2020 (CV 20-7891), and proceed with all parties in the instance case: CV 20-8854." (Id. at 2.) On October 22, 2020, after Plaintiff had filed a Stipulation of Dismissal without Prejudice, the Court dismissed the action CV 20-7891 PA (AFMx). See Harold John Schell v. United States of America et al., CV 20-7891, Dkts. 16, 17. For these reasons, the Court hereby discharges its October 16, 2020 Order to Show Cause. (See document for details) (mrgo) [Transferred from cacd on 12/10/2020.]
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Filing 13
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. Plaintiff is ordered to personally serve a copy of this Order on any defendant that has already been served with the Complaint within three (3) court days of the date of this Order or at the time of service for any defendant that has not already been served. Plaintiff is ordered to file his Response to this Order no later than November 17, 2020. Defendants may file a Response no later than December 1, 2020. Failure to timely and adequately respond to this Order may result, without further warning, in the is action. (SEE DOCUMENT FOR DETAILS)(Show Cause Response due by 11/17/2020.) (mrgo) [Transferred from cacd on 12/10/2020.]
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| Filing 12 DECLARATION of Ellery Gordon in Response to the Court's Minute Order Dated 10/16/20 filed by Plaintiff Harold John Schell. (Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
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Filing 11
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Plaintiff's complaint appears to violate the rule against claim splitting, which "prevent[s] the same plaintiff from filing multiple suits alleging the same claims against the same defendant when one suit will do." Beckerley v. Alorica, Inc., 14-cv-0836, 2014 WL 4670229, at *4 (C.D. Cal., Sept. 17, 2014). Accordingly, the Court hereby orders Plaintiff to show cause why the instant action should not be dismissed to prevent claim splitting or under the Courts inherent authority to manage its docket to avoid inconsistent judgments and prevent an inefficient use of judicial resources. (Show Cause Response due by 10/23/2020.) (SEE DOCUMENT FOR DETAILS) (mrgo) [Transferred from cacd on 12/10/2020.]
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Filing 10
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo) [Transferred from cacd on 12/10/2020.]
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-07891 PA(AFMx). Case transferred from Judge Consuelo B. Marshall and Magistrate Judge Rozella A. Oliver to Judge Percy Anderson and Magistrate Judge Alexander F. MacKinnon for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-08854 PA(AFMx). Signed by Judge Percy Anderson (rn) [Transferred from cacd on 12/10/2020.]
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #3 as to Defendant Silverlake Resort, LLC. (ghap) [Transferred from cacd on 12/10/2020.] |
| Filing 7 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #3 as to Defendant United States of America. (ghap) [Transferred from cacd on 12/10/2020.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Rozella A. Oliver. (ghap) [Transferred from cacd on 12/10/2020.] |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #3 . 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. (ghap) [Transferred from cacd on 12/10/2020.] |
| FILING FEE PAID for new civil case. Receipt No. ACACDC-28274607 for $400 filing fee. (Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #3 filed by plaintiff Harold John Schell. (Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
| Filing 3 COMPLAINT with In Forma Pauperis request, filed by plaintiff Harold John Schell.(Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Harold John Schell. (Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
| Filing 1 CERTIFICATE of Interested Parties filed by Plaintiff Harold John Schell, (Attorney Ellery Shane Gordon added to party Harold John Schell(pty:pla))(Gordon, Ellery) [Transferred from cacd on 12/10/2020.] |
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