C.H. v. Fruitvale School District, et al.
| C.H. |
| Fruitvale School District, Leslie Garrison, Becky Rocha, Eva Martinez and Kevin Jackson |
| 1:2024cv00001 |
| December 29, 2023 |
| US District Court for the Eastern District of California |
| No District Court Judge |
| Christopher D Baker |
| Civil Rights: Education |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 OPPOSITION by C.H. to #21 Motion to Strike,. (Knox, Christian) |
| Filing 24 OPPOSITION by C.H. to #22 Motion to Dismiss,,. (Knox, Christian) |
Filing 23
MINUTE ORDER ISSUED BY CHIEF JUDGE KIMBERLY J. MUELLER on 2/05/2024: (Text Only Entry) The parties are advised that as provided by Local Rule 230(g), the recently filed #19 #20 #21 motions to strike and #22 motion to dismiss will be decided on the papers unless or until further order of the Court. The hearings currently set for 3/11/2024 are vacated. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The Court encourages the parties to consider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the judicial resource emergency currently facing the Fresno courthouse. SO ORDERED. (Gonzales, V)
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| Filing 22 AMENDED MOTION to DISMISS amending #7 Motion to Dismiss, by Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha. Motion Hearing set for 3/11/2024 at 10:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 Memorandum Memorandum of Points & Authorities In Support of Amended Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted Pursuant to FRCP 12b(6) as to Plaintiff's Fifth and Sixth Causes of Action)(DeMaria, Anthony) |
| Filing 21 AMENDED MOTION to STRIKE Portions of Plaintiff's Complaint Pursuant to FRCP 12(f). by Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha. Motion Hearing set for 3/11/2024 at 10:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 Memorandum Memorandum of Points & Authorities In Support of Amended Motion to Strike Portions of Plaintiff's First Amended Complaint Pursuant to FRCP 12(f))(DeMaria, Anthony) |
| Filing 20 AMENDED MOTION to DISMISS amending #8 Motion to Strike, by Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha. Motion Hearing set for 3/11/2024 at 10:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 Memorandum Memorandum of Points & Authorities In Support of Amended Motion to Strike Portions of Plaintiff's First Amended Complaint Pursuant to FRCP 12(f))(DeMaria, Anthony) |
| Filing 19 MOTION to DISMISS by Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha. Motion Hearing set for 3/11/2024 at 10:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 Memorandum Memorandum of Points & Authorities In Support of Amended Motion to Strike Portions of Plaintiff's First Amended Complaint Pursuant to FRCP 12(f))(DeMaria, Anthony) |
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Filing 18
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 1/29/2024: In light of the reassignment of this action to a District Judge, the hearings on the Motion to Dismiss (Doc. #7 ) and the Motion to Strike (Doc. #8 ), currently set for 2/14/2024 at 10:30 AM before Magistrate Judge Christopher D. Baker, are VACATED. If the assigned District Judge determines that a hearing is necessary, a separate order will issue. (Hall, S)
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Filing 17
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 1/22/2024: In light of plaintiff's filing of a first amended complaint (Doc. #14 ) which is timely filed as a matter of course (see Fed. R. Civ. P. 15(a)(1)(B)), within the time provided for defendants' response to the first amended complaint (FRCP 15(a)(3)), defendants may interpose an answer (in which case the Court will construe the pending motions to dismiss and strike (Docs. #7 , #8 ) as moot), or an amended motion to dismiss. Should defendants' file an amended motion to dismiss, plaintiff thereafter shall have 14 days to respond. (Hall, S)
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| Filing 16 OPPOSITION by C.H. to #8 Motion to Strike,. (Knox, Christian) |
| Filing 15 OPPOSITION by C.H. to #7 Motion to Dismiss,. (Knox, Christian) |
| Filing 14 FIRST AMENDED COMPLAINT against Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha by C.H.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Knox, Christian) |
| Filing 13 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to No District Court Judge and Magistrate Judge Christopher D. Baker. The new case number is: 1:24-cv-00001-NODJ-CDB. (Sant Agata, S) |
| Filing 12 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. (DeMaria, Anthony) |
| Filing 11 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. (Knox, Christian) |
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Filing 10
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Christopher D. Baker on 1/18/2024: Pursuant to the Initial Scheduling Order, Cases Assigned Under App. A, Sub (M) (Doc. #6 -1), the parties were ordered to file consent/decline of U.S Magistrate Judge jurisdiction forms within 14 days from the date the action was removed from state court. No party has complied with this order. Accordingly, all parties SHALL FILE consent/decline of U.S Magistrate Judge jurisdiction forms by 1/26/2024. (Hall, S)
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| Filing 9 SUMMONS RETURNED EXECUTED: Fruitvale School District served on 11/29/2023, answer due 12/20/2023. (Attachments: #1 Original Document)(Knox, Christian) |
| Filing 8 MOTION to STRIKE Portions of Plaintiff's Complaint Pursuant to FRCP 12f. by Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha. Motion Hearing set for 2/14/2024 at 10:30 AM before Magistrate Judge Christopher D. Baker. (Attachments: #1 Memorandum Memo of P&A in Supp of Df MTS Portions of Plaintiff's Complaint)(DeMaria, Anthony) |
| Filing 7 MOTION to DISMISS by Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha. Motion Hearing set for 2/14/2024 at 10:30 AM before Magistrate Judge Christopher D. Baker. (Attachments: #1 Memorandum Memorandum of P&A in Supp of Motion to Dismiss For Failure to State a Claim Upon which relief can be granted as to Pf 5th and 6th Causes of Action)(DeMaria, Anthony) |
| Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 3/28/2024 at 09:00 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (Attachments: #1 Appendix A(m), #2 CDB Worksheet, #3 Consent Form, #4 VDRP) (Rivera, O) |
| Filing 5 NOTICE of REMOVAL from Kern Superior Court, case number BCV-23-103570 by All Defendants. (Filing fee $ 405, receipt number ACAEDC-11266479) (DeMaria, Anthony) |
| Filing 4 CLERK'S NOTICE to Attorney, Anthony N. DeMaria regarding #2 Notice - Other. The wrong event was used in the filing of your documents. Please refile your documents using the correct event, Notice of Removal. Also, a New Civil Case Filing Fee is Required. Advance payment of the filing fee in the amount of $405.00 is required and should be submitted electronically using the event Payment of Fees. Your case will not be filed until the fee is paid (Local Rule 121c). If you wish to pay with check or money order, the fee must be received by the clerk's office within 48 hours of lodging your complaint, or your documents will be deleted from the court's server. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Lundstrom, T) |
| Filing 3 NOTICE of Compliance re: notice of Superior Court for Removal of Action; Notice to Plaintiff of Removal of Action to Federal Court by All Defendants re #2 Notice - Other. (DeMaria, Anthony) |
| Filing 2 NOTICE of Removal of Action and Demand for Jury Trial by All Defendants. Attorney DeMaria, Anthony N. added. (DeMaria, Anthony) |
| Filing 1 CIVIL COVER SHEET filed by Fruitvale School District, Leslie Garrison, Kevin Jackson, Eva Martinez, Becky Rocha (DeMaria, Anthony) |
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