Harvey v. City of South Lake Tahoe et al
Plaintiff: Daniel Thomas Harvey
Defendant: City of South Lake Tahoe, El Dorado County, CA, Andrew Eissinger and Charles Duke
Case Number: 2:2010cv01653
Filed: June 29, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: El Dorado
Presiding Judge: Edmund F. Brennan
Presiding Judge: Garland E. Burrell
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 15, 2014 Opinion or Order Filing 114 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/15/2014 DISCHARGING the 109 Order to Show Cause, no sanctions are imposed. It is HEREBY RECOMMENDED that the 97 Motion to Dismiss be granted, Plaintiff&# 039;s fifth amended complaint be dismissed without further leave to amend and that the clerk be directed to close the case. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Donati, J)
May 6, 2014 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/6/2014. Within 14 days of date of Order, defendants may file and serve a documents stipulating to dismissal of action without prejudice pursuant to Rule 41(a)(1)(A)(ii). Absent pleading filed within 14 days stipulating to voluntarily dismiss, Court will enter Findings and Recommendations recommending action be dismissed for lack of prosecution and failure to compley with Local Rules and Federal Rules of Civil Procedure. (Marciel, M)
April 10, 2014 Opinion or Order Filing 109 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 4/9/14 ORDERING that Plaintiff shall show cause, in writing, on or before 4/23/2014, why sanctions should not be imposed for his failure to appear at the 4/9/14. Failure to comply with this order may result in a recommendation that this action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).(Mena-Sanchez, L)
February 7, 2014 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/6/2014. The 12/30/2013 99 Order to Show cause is DISCHARGED and no sanctions will be imposed. Hearing on defendants' 97 Motion to Dismiss is CONTINUED to 4/9/2014 at 10:00 AM in Courtro om 8 (EFB). Plaintiff shall file and Opposition or Statement of Non-Opposition no later than 3/26/2014. Defendants may file Reply, if any, on or before 4/2/2014. Clerk directed to serve plaintiff with copy of 11/27/2013 97 Motion to Dismiss. (Marciel, M)
January 17, 2014 Opinion or Order Filing 100 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/17/2014 ORDERING the Clerk is directed to serve plaintiff with a copy of 99 Order to Show Cause; the Court's 12/30/2013 order to show cause is MODIFIED as follows: a) 97 Motion to Dismi ss hearing is CONTINUED to 2/26/2014; b) plaintiff shall SHOW CAUSE, in writing, no later than 2/12/2014, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion; c) plaintif f shall file an opposition to the motion, or statement of non-opposition thereto, no later than 2/12/2014; d) failure of plaintiff to file an opposition to the motion will be deemed a statement of non-opposition thereto, and may result in a recommend ation that this action be dismissed for lack of prosecution and/or for failure to comply with the court orders and this court's local rules; e) defendants may file a reply to plaintiff's opposition, if any, on or before 2/19/2014. (Waggoner, D)
December 30, 2013 Opinion or Order Filing 99 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 12/30/2013 ORDERING Motion Hearing RESET for 1/29/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; Plaintiff shall SHOW CAUSE, in writing, no later th an 1/15/2014, why sanctions should not be imposed for failure to timely file an oppositioin or a statement of non-opposition to the pending motion; Plaintiff shall file an opposition to the motion, or statement of non-opposition thereto, no later tha n 1/15/2014; failure of plaintiff to file an opposition to the motion will be deemed a statement of non-opposition thereto, andmay result in a recommendation that this action be dismissed for lack of prosecution and/or failure to comply with court orders and Local Rules; defendants may file a reply to plaintiff's opposition, if any, on or before 1/22/2014. (Waggoner, D)
September 30, 2013 Opinion or Order Filing 91 ORDER signed by Judge Kimberly J. Mueller on 9/30/2013 FINDINGS AND RECOMMENDATIONS 89 are ADOPTED in FULL; Defendant El Dorado County's motion to dismiss 80 is GRANTED; Plaintiff's claims against the County are DISMISSED without leave to amend; The City defendants' 81 motion to dismiss, is GRANTED; Plaintiff's claims against the City are DISMISSED without leave to amend; Plaintiff's claims against the individual defendants are DISMISSED with LEAVE to amend; and Plaintiff is given 30 days from the date of this order to file his fifth amended complaint against the individual defendants. (Reader, L)
August 27, 2013 Opinion or Order Filing 89 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/27/13: Plaintiff's motion for recusal of the undersigned 87 is denied. IT IS HEREBY RECOMMENDED that: Defendant El Dorado County's motion to di smiss 80 be granted. Plaintiff's claims against the County be dismissed without leave to amend. The City defendants' motion to dismiss 81 be granted. Plaintiff's claims against the City be dismissed without leave to amend. Plaint iff's claims against the individual defendants' be dismissed with leave to amend. Plaintiff be provided thirty days from the date of any order adopting these findings and recommendations is filed to file a fifth amended complaint. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
March 30, 2013 Opinion or Order Filing 78 ORDER signed by Judge Kimberly J. Mueller on March 30, 2013. Granting 63 Motion to Dismiss with leave to amend within forty-five days of the date of this order; adopting 73 FINDINGS AND RECOMMENDATIONS; denying 77 Motion for Recusal. (Andrews, P)
February 21, 2013 Opinion or Order Filing 73 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/21/13 ORDERING With regard to the second action, 2:12-cv-526-KJM-EFB, IT IS HEREBY ORDERED that the status (pretrial scheduling) conference currently set for Ma y 15, 2013 is vacated; and RECOMMENDING that each of the three motions to dismiss, Dckt. Nos. 4, 8, and 19, be granted without leave to amend; and the Clerk be directed to close the second case, 2:12-cv-526-KJM-EFB. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
July 9, 2012 Opinion or Order Filing 56 ORDER signed by Judge Kimberly J. Mueller on 7/9/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 4/12/12 50 are ADOPTED. Defendant El Dorado County's Motion to Dismiss 40 is GRANTED without leave to amend; The City defendants' M otion to Dismiss 39 is GRANTED as follows: a. Any Monell claims against the City of South Lake Tahoe are dismissed with leave to amend. b. Any state law claims are dismissed without leave to amend; c. Any remaining federal claims against Officers E issinger and Duke are dismissed with leave to amend as narrowed by the magistrate judges findings and recommendations. Plaintiff is provided thirty days from the date of this order to file a third amended complaint. Plaintiff's request for a protective order is denied.(Mena-Sanchez, L)
May 16, 2012 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/16/2012 ORDERING 50 plaintiff's 53 third amended complaint, is STRICKEN; if the April 12th findings and recommendations 38 are adopted, plaintiff may re-file his third amended complaint within 30 days from the date of the order adopting the findings and recommendations. (Reader, L)
May 4, 2012 Opinion or Order Filing 52 RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 5/3/2012. Action denominated 2:12-CV-0526 JAM JFM is REASSIGNED to District Judge Kimberly J. Mueller and Magistrate Judge Edmund F. Brennan for all further proceedings. Henceforth, caption on documents filed shall be shown as 2:12-CV-0526 KJM EFB. (Marciel, M)
April 12, 2012 Opinion or Order Filing 50 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/12/12 DENYING 48 & 49 Requests. It is further RECOMMENDED that 40 Motion to Dismiss be granted without leave to amend and 39 Motion to Dismiss be granted in part. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge Kimberly J. Mueller. (Donati, J)
October 6, 2011 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/5/11 ORDERING that the plaintiff's request for a hearing 36 is denied. (Becknal, R)
September 27, 2011 Opinion or Order Filing 35 ORDER signed by Judge Kimberly J. Mueller on 9/26/2011 FINDINGS AND RECOMMENDATIONS 33 are ADOPTED; El Dorado County's # 16 Motion to Dismiss is GRANTED; City dfts' # 17 Motion to Dismiss is GRANTED; and pltf is GRANTED 30 days from the date of this order to file a second amended complaint. (Reader, L)
August 9, 2011 Opinion or Order Filing 33 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/9/2011 RECOMMENDING that El Dorado County's 16 motion to dismiss be granted as follows: Claims against El Dorado Superior Court be dismissed without leave to amend; and All other claims against El Dorado County be dismissed with leave to amend. The City dfts' 17 motion to dismiss be granted as follows: Claims for violation of California Penal Code sections 182, 484, and 849(b)(1) be dismissed without lea ve to amend; Claim for violation of 18 U.S.C. § 1503 be dismissed without leave to amend; and All other claims against the City dfts be dismissed with leave to amend. Pltf be provided 30 days to file a second amended complaint. Motions referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
September 23, 2010 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/10 ORDERING that pltf's 13 First Amended Complaint is construed as a request for leave to file the First Amended Complaint, and is GRANTED. Defts shall file an answer or responsive motion within 14 days from the date of this order. Deft El Dorado County's 7 Motion to Dismiss is DENIED without prejudice. (Owen, K)
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Plaintiff: Daniel Thomas Harvey
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Defendant: City of South Lake Tahoe
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Defendant: El Dorado County, CA
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Defendant: Andrew Eissinger
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Defendant: Charles Duke
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