Marsh v. Bank of Sierra, Inc. et al
| Terrance Marsh |
| Bank of Sierra, Inc., Margaret Droese and Karen Mitchell |
| 1:2022cv00508 |
| May 2, 2022 |
| US District Court for the Eastern District of California |
| BakersfieldMJ |
| Christopher D Baker |
| Jennifer L Thurston |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 33
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 9/15/2023: Due to the pending motion to dismiss/strike, along with the ongoing judicial emergency and heavy caseload experienced by this district, the Scheduling Conference set for 9/25/2023 is CONTINUED to 1/17/2024 at 09:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. The parties shall appear at the conference remotely via Zoom video conference, and they may obtain the Zoom ID and password from the Courtroom Deputy prior to the conference. A joint scheduling conference statement shall be filed in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. #24 ). (Hall, S)
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Filing 32
MOTION to STRIKE Second Amended Complaint re #31 Motion to Dismiss,. by Bank of Sierra, Inc., Margaret Droese, Karen Mitchell. Motion Hearing set for 10/25/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Memorandum Memorandum of Points & Authorities, #2 Declaration Declaration of Matthew Backowski, #3 Request for Judicial Notice, #4 Proposed Order Proposed Order)(Backowski, Matthew)
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Filing 31
MOTION to DISMISS by Bank of Sierra, Inc., Margaret Droese, Karen Mitchell. Motion Hearing set for 10/25/2023 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Memorandum Memorandum of Points & Authorities, #2 Declaration Declaration of Matthew Backowski, #3 Request for Judicial Notice, #4 Proposed Order Proposed Order)(Backowski, Matthew)
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SERVICE BY MAIL: 33 Minute Order served on Terrance Marsh. (Hall, S)
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Filing 30
ORDER on #29 Stipulation Extending Time for Filing Responsive Pleading, signed by Magistrate Judge Christopher D. Baker on 9/7/2023. Responsive pleadings due by 9/15/2023. (Hall, S)
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SERVICE BY MAIL: #30 Order served on Terrance Marsh. (Hall, S)
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Filing 29
STIPULATION to Extend Time to Respond by Bank of Sierra, Inc., Margaret Droese, Karen Mitchell. (Backowski, Matthew)
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Filing 28
STIPULATION to Extend Time to Respond by Bank of Sierra, Inc., Margaret Droese, Karen Mitchell. (Backowski, Matthew)
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Filing 27
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Backowski, Matthew)
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Filing 26
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Karen Mitchell on 6/30/2023, Answer due 8/29/2023. (Xiong, J.)
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Filing 25
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Bank of Sierra, Inc. on 6/30/2023 and Margaret Droese on 6/30/2023, Answer due 8/29/2023. (Xiong, J.)
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Filing 24
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/25/2023 at 09:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 CDB Worksheet, #2 Standing Order, #3 Consent Form, #4 Informational Order) (Lundstrom, T)
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Filing 23
ORDER directing service by the U.S. Marshals Service without prepayment of costs 22 signed by Magistrate Judge Christopher D. Baker on 6/29/2023. (Lundstrom, T)
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SERVICE BY MAIL: #24 Civil New Case Documents for JLT, #23 Order served on Terrance Marsh. (Lundstrom, T)
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Filing 22
NOTICE OF SUBMISSION OF DOCUMENTS: 3 Summons, 3 USM-285 Forms, and 4 copies of the complaint, by Terrance Marsh. Pending order from chambers.(Marrujo, C)
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Filing 21
ORDER DISCHARGING #19 April 19, 2023, Order to Show Cause and GRANTING Plaintiff's #20 Request Nunc Pro Tunc for an Extension of Time for Service of the Second Amended Complaint, signed by Magistrate Judge Christopher D. Baker on 5/11/2023. (Hall, S)
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SERVICE BY MAIL: #21 Order served on Terrance Marsh. (Hall, S)
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Filing 20
RESPONSE to #19 ORDER to SHOW CAUSE by Terrance Marsh. (Rivera, O)
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Filing 19
ORDER to SHOW CAUSE in Writing Why Sanctions Should Not Be Imposed for Failure to Comply, signed by Magistrate Judge Christopher D. Baker on 4/19/2023. Show Cause Response due within 21 days. (Hall, S)
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SERVICE BY MAIL: #19 Order to Show Cause served on Terrance Marsh. (Hall, S)
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Filing 18
SECOND ORDER for Service of Second Amended Complaint #12 signed by Magistrate Judge Christopher D. Baker on 3/15/2023. 30-Day Filing Deadline. (Attachments: #1 USM Instructions); (Summons). (Lundstrom, T)
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SERVICE BY MAIL: #18 Order and Service Documents served on Terrance Marsh. (Lundstrom, T)
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Filing 17
NOTICE OF SUBMISSION OF DOCUMENTS: 3 Summons, 3 USM-285 Forms, and 4 copies of the amended complaint by Terrance Marsh. (Lundstrom, T)
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RE-SERVICE BY MAIL: #16 Order served on Terrance Marsh. (Marrujo, C)
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Filing 16
ORDER for service of Second Amended Complaint #12 signed by Magistrate Judge Christopher D. Baker on 2/8/2023. (Filing Deadline: 3/14/2023). (Attachments: #1 USM Instructions). (Lundstrom, T)
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SERVICE BY MAIL: #16 Order and Service Documents, #12 Second Amended Complaint served on Terrance Marsh. (Lundstrom, T)
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Filing 15
ORDER ADOPTING FINDINGS and RECOMMENDATIONS and Dismissing Plaintiff's Intentional Infliction of Emotional Distress Claim with prejudice #14 signed by District Judge Jennifer L. Thurston on 2/6/2023. (Lundstrom, T)
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SERVICE BY MAIL: #15 Order served on Terrance Marsh. (Lundstrom, T)
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Filing 14
THIRD SCREENING ORDER and FINDINGS and RECOMMENDATIONS Dismissing Plaintiff's Intentional Infliction of Emotional Distress Claim, signed by Magistrate Judge Christopher D. Baker on 12/30/2022. Referred to Judge Jennifer L. Thurston. Objections to F&R due within 21 days. (Hall, S)
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SERVICE BY MAIL: #14 Findings and Recommendations served on Terrance Marsh. (Hall, S)
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Filing 13
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Lundstrom, T)
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SERVICE BY MAIL: #13 Order Reassigning Magistrate Judge Baker, served on Terrance Marsh. (Lundstrom, T)
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Filing 12
SECOND AMENDED COMPLAINT against Bank of Sierra, Inc., Margaret Droese, Karen Mitchell by Terrance Marsh.(Martin-Gill, S)
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Filing 11
SECOND SCREENING ORDER; ORDER Finding Plaintiff's First Amended Complaint Fails to State a Cognizable Federal Claim and GRANTING LEAVE to AMEND ADA Claim; ORDER DENYING #10 Motion for Reconsideration of Request to File Electronically, signed by Magistrate Judge Sheila K. Oberto on 7/27/2022. Thirty-Day Deadline. (Hall, S)
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SERVICE BY MAIL: #11 Second Screening Order served on Terrance Marsh. (Hall, S)
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Filing 10
MOTION for Reconsideration of Electronic Filing by Terrance Marsh. (Hall, S)
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Filing 9
FIRST AMENDED COMPLAINT against Bank of Sierra, Inc., Margaret Droese, Karen Mitchell by Terrance Marsh. (Hall, S)
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Filing 8
FIRST SCREENING ORDER - Order for Plaintiff to: (1) File a First Amended Complaint; or (2) Notify the Court that He Wishes to Stand on His Complaint signed by Magistrate Judge Sheila K. Oberto on 5/12/2022. First Amended Complaint or Notice due within thirty (30) days. (Jessen, A)
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SERVICE BY MAIL: #8 Order served on Terrance Marsh. (Jessen, A)
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Filing 7
ORDER DENYING #4 Request for Permission to File Electronically, signed by Magistrate Judge Sheila K. Oberto on 5/10/2022. (Hall, S)
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SERVICE BY MAIL: #7 Order on Request served on Terrance Marsh. (Hall, S)
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Filing 6
ORDER GRANTING #3 Plaintiff's Application to Proceed In Forma Pauperis, signed by Magistrate Judge Sheila K. Oberto on 5/3/2022. (Hall, S)
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SERVICE BY MAIL: #6 Order on Motion to Proceed IFP served on Terrance Marsh. (Hall, S)
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Filing 5
NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Sheila K. Oberto* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(SKO)* (Maldonado, C)
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APPLICATION TO PROCEED IFP filed - Court Action Required. (Maldonado, C)
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Filing 4
APPLICATION for Permission for Electronic Filing by Terrance Marsh. (Maldonado, C)
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Filing 3
MOTION to PROCEED IN FORMA PAUPERIS by Terrance Marsh. (Maldonado, C)
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Filing 2
DECLARATION of Gesele McBroom-Marsh. (Maldonado, C)
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Filing 1
COMPLAINT against Bank of Sierra, Inc., Margaret Droese, Karen Mitchell by Terrance Marsh.(Maldonado, C)
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