E.P. v. Merced County Office of Education et al
| E.P. |
| Merced County Office of Education and Nghi Hong Bui |
| 1:2024cv00216 |
| February 16, 2024 |
| US District Court for the Eastern District of California |
| No District Court Judge |
| Stanley A Boone |
| Kirk E Sherriff |
| 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 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 REPLY by Merced County Office of Education re #23 Opposition to Motion. (DeMaria, Anthony) |
| Filing 25 REPLY by Merced County Office of Education re #22 Opposition to Motion. (DeMaria, Anthony) |
Filing 24
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/28/2024: (Text Only Entry), The hearings currently set for 4/25/24 concerning Defendant's motions #16 , #17 , and #18 are RESET to 4/29/24 at 1:30 p.m. in Courtroom 6 before District Judge Kirk E. Sherriff. The parties shall comply with the Court's Standing Order in Civil Cases. (Gonzales, V)
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| Filing 23 OPPOSITION by E.P. to #18 Motion to Strike,. (Knox, Christian) |
| Filing 22 OPPOSITION by E.P. to #16 Motion to Dismiss,. (Knox, Christian) |
| Filing 21 ANSWER with Jury Demand by Nghi Hong Bui. Attorney Herr, Leonard Charles added.(Herr, Leonard) |
| Filing 20 NOTICE Evidence of Order for Appointment of GAL for E.P. by Merced County Superior Court by E.P.. (Knox, Christian) |
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Filing 19
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Kirk E. Sherriff to the bench of the Eastern District of California, this action is reassigned from No District Court Judge (NODJ) to District Judge Kirk E. Sherriff for all further proceedings. All dates currently set in this reassigned action shall remain pending subject to further order of the court. (Attachments: #1 Standing Order) (Gonzalez, R)
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| Filing 18 MOTION to STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT. by Merced County Office of Education. Motion Hearing set for 4/25/2024 at 09:00 AM in Courtroom 5 before District Judge Kirk E. Sherriff. (Attachments: #1 Memorandum Corrected Memoradum of Points and Authorities in Support of Motion to Strike12 (f))(DeMaria, Anthony) |
| Filing 17 MOTION to DISMISS by Merced County Office of Education. Motion Hearing set for 4/25/2024 at 09:00 AM in Courtroom 5 before District Judge Kirk E. Sherriff. (Attachments: #1 Memorandum Corrected Memorandum of Points and Authorities in support of 12(f))(DeMaria, Anthony) |
| Filing 16 MOTION to DISMISS by Merced County Office of Education. Motion Hearing set for 4/25/2024 at 09:00 AM in Courtroom 5 before District Judge Kirk E. Sherriff. (Attachments: #1 Memorandum Corrected Memorandum of Points and Authorities in support of 12(b)(6))(DeMaria, Anthony) |
| Filing 15 MEMORANDUM by Merced County Office of Education in SUPPORT of #8 Motion to Strike,. (DeMaria, Anthony) |
| Filing 14 MEMORANDUM by Merced County Office of Education in SUPPORT of #7 Motion to Dismiss,. (DeMaria, Anthony) |
| Filing 13 OPPOSITION by E.P. to #8 Motion to Strike,. (Knox, Christian) |
| Filing 12 OPPOSITION by E.P. to #7 Motion to Dismiss,. (Knox, Christian) |
| Filing 11 CERTIFICATE / PROOF of SERVICE by E.P.. (Knox, Christian) |
| Filing 10 FIRST AMENDED COMPLAINT against All Defendants by E.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Knox, Christian) |
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Filing 9
MINUTE ORDER ISSUED BY CHIEF JUDGE KIMBERLY J. MUELLER on 2/27/2024: (Text Only Entry) The parties are advised that as provided by Local Rule 230(g), the recently filed #7 motion to dismiss and #8 motion strike will be decided on the papers unless or until further order of the Court. No hearing will be calendared. 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 8 MOTION to STRIKE Portions of Plaintiff's First Amended Complaint Pursuant to FRCP 12(f). by Merced County Office of Education. Motion Hearing set for 4/10/2024 at 09:00 AM in Courtroom 5 before No District Court Judge. (Attachments: #1 Memorandum of Points & Authorities in Support of Motion to Strike Portions of Plaintiff's First Amended Complaint Pursuant to FRCP 12(f))(DeMaria, Anthony) |
| Filing 7 MOTION to DISMISS by Merced County Office of Education. Motion Hearing set for 4/10/2024 at 09:00 AM in Courtroom 5 before No District Court Judge. (Attachments: #1 Points and Authorities Memorandum of Points & Authorities In Support of 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 6 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to No District Court Judge and Magistrate Judge Stanley A. Boone. The new case number is: 1:24-cv-00216-NODJ-SAB. (Sant Agata, S) |
| Filing 5 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) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/8/2024 at 11:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Appendix A(m), #2 Consent Form, #3 VDRP) (Lawrence, A) |
| Filing 3 NOTICE of Compliance RE: Notice to Superior Court for Removal of Action; Notice to Plaintiff of Removal of Action to Federal Court by Merced County Office of Education. (DeMaria, Anthony) |
| Filing 2 CIVIL COVER SHEET filed by Merced County Office of Education (DeMaria, Anthony) |
| Filing 1 NOTICE of REMOVAL from Merced County Superior Court, case number 23CV-04603 by E.P., a minor, by nd through her Guardian ad Litem, Solina Pruett, an individual. (Filing fee $ 405, receipt number ACAEDC-11352893) (DeMaria, Anthony) |
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