Balthrope v. Sacramento County Department of Health and Human Services et al
| Ariel Balthrope |
| Sacramento County Department of Health and Human Services, C. Bliss, Christina Juarez, Kristen Parske, Charlene Duffy, Gisella Wolfe, Cheryl Camarena, Keeva Pierce, Rashida Green, Arielana Agulaira, Peter Helfer and Kenneth G. Peterson |
| 2:2010cv03003 |
| November 10, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John A. Mendez |
| John F. Moulds |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
117
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/30/2013 GRANTING Defendants' Request for Judicial Notice as stated in 106 Motion for Summary Judgment; RECOMMENDING that 106 Motion for Summary Judgment be granted as to Plaintiff's state law claims of preparing fraudulent evidence, malicious prosecution, embezzlement, and disclosure of information from a "Child's Folder"; RECOMMENDING that the plaintiff's remaining state law c laims for intentional and negligent infliction of emotional distress and violation of California Assembly Bill 490 be dismissed without prejudice pursuant to 28 U.S.C. § 1367; Referring matter to Judge Kimberly J. Mueller; ORDERING that any objections be filed within 14 days. (Michel, G)
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Filing
114
ORDER signed by Judge Kimberly J. Mueller on 2/11/2013 ORDERING 105 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 93 Motion for Certification is GRANTED; and Clerk is directed to enter judgment as to Sacramento Child Advocates, Inc.; Robert Wilson; Rebekah Sass; and Lisa Thor (sued as Lisa Presley). (Waggoner, D)
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Filing
111
ORDER signed by Magistrate Judge John F. Moulds on 11/27/2012. Defendants shall have until 12/5/2012 in which to file Reply to plaintiff's Opposition to defendants' 106 Motion for Summary Judgment. Hearing on Motion set for 11/29/2012 is VACATED and deemed SUBMITTED upon record. (Marciel, M)
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Filing
105
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 10/17/2012 ORDERING that the 10/18/2012 hearing on this matter is VACATED; RECOMMENDING 93 Motion for Certification filed by Sacramento Child Advocates be granted; and the Clerk be directed to enter judgment as to SCA defendants. Matter referred to Judge Kimberly J. Mueller; Objections to F&R may be filed within 14 days from the date of service of these findings and recommendations. (Waggoner, D)
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Filing
98
ORDER signed by Magistrate Judge John F. Moulds on 9/26/12 ORDERING 94 Ex Parte Application for a page limit increase for motions for summary judgment is denied as moot. (Matson, R)
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Filing
80
ORDER signed by Magistrate Judge John F. Moulds on 5/10/2012 ORDERING 71 Discovery Conference Hearing set for 5/24/2012 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds; the Clerk of the Court is directed to mail a copy of this order to counsel for CRH)(cc: CRH: A.J. DeCristoforo)(Reader, L)
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Filing
79
ORDER signed by Magistrate Judge John F. Moulds on 5/3/2012 DENYING 74 Motion as to Plaintiff's request for payment of deposition expenses; DENYING, without prejudice, 74 Motion as to Plaintiff's request to conduct depositions inside this court. (Michel, G)
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Filing
76
ORDER signed by Magistrate Judge John F. Moulds on 5/2/2012 ORDERING the Clerk of the Court shall send plaintiff 4 USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed 1/18/2011. Within thirty days from the date of this order, plaintiff shall complete the attached Second Notice of Submission of Documents and submit the following documents to the U.S. Marshal's Office: The completed Second Notice of Submission of Documents; One completed summons; One co mpleted USM-285 form for each of the four defendants identified in this order; and 5 copies of the endorsed amended complaint filed 1/18/2011. Within seven days of submitting the aforementioned documents to the U.S. Marshal's Office, plaintiff s hall file a notice with the court reflecting the submission. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of notice from plaintiff that she has complied with this order, the court will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. (Zignago, K.)
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Filing
73
ORDER signed by Magistrate Judge John F. Moulds on 4/24/12 ORDERING that plaintiff's 4/11/12 initial disclosure list is stricken from the record. (Becknal, R)
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Filing
69
ORDER signed by Magistrate Judge John F. Moulds on 3/22/12; IT IS HEREBY ORDERED that: The April 5, 2012 hearing on CRH's motion to quash is vacated; and The Clerk of the Court is directed to return the sealed documents to counsel for CRH, Anthony J. DeCristoforo, Stoel Rives LLP, 500 Capitol Mall, Suite 1600, Sacramento, CA 95814.(Matson, R)
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Filing
67
ORDER signed by Magistrate Judge John F. Moulds on 3/13/2012 DENYING 64 Request for Copies. (Michel, G)
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Filing
65
ORDER signed by Magistrate Judge John F. Moulds on 3/12/2012 ORDERING that plaintiff's 2/29/2012 request 63 is DISREGARDED. (Zignago, K.)
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Filing
62
ORDER signed by Magistrate Judge John F. Moulds on 2/22/2012 ORDERING that this matter is set for hearing on 4/5/2012 at 11:00 a.m. in courtroom #26. CRH and the Sacramento County defendants shall submit a joint discovery statement in compliance with Local Rule 251. (Zignago, K.)
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Filing
61
ORDER signed by Judge Kimberly J. Mueller on 2/21/12; The court concludes that no reasonable person could "perceive[] a significant risk that the [undersigned] will resolve the case on a basis other than the merits." Id. at 1178 (internal quotation omitted). Accordingly, the undersigned does not recuse herself and this motion is denied. (Matson, R)
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Filing
60
ORDER signed by Magistrate Judge John F. Moulds on 02/16/12 ORDERING that plaintiff's 40 Motion for Extension of Time is partially GRANTED; plaintiff shall serve defendants Green and Garcia-Mitchell within 60 days. (Benson, A.)
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Filing
58
ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by Judge Kimberly J. Mueller on 01/25/12 and ORDERING that the 13 07/14/11 Motion to Dismiss is GRANTED with prejudice; the 15 07/18/11 Motion to Dismiss is GRANTED with prejudice; defendants Sacramento Child Advocates, Rebekah Sass, Peter Helfer and Lisa Presley terminated. (Benson, A.)
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Filing
55
ORDER signed by Magistrate Judge John F. Moulds on 1/18/2012 DENYING 48 Motion for Sanctions. (Michel, G)
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Filing
52
ORDER of RECUSAL signed by Judge John A. Mendez on 1/12/12: The undersigned recuses himself as the judge for the above-captioned case. Case reassigned to Judge Kimberly J. Mueller for all further proceedings. (Kaminski, H)
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Filing
50
ORDER signed by Magistrate Judge John F. Moulds on 12/7/11: Designation of Expert Witnesses due by 4/30/2012. Discovery due by 10/1/2012. Dispositive Motions filed by 11/30/2012. Pretrial Conference set for 3/8/2013 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 5/20/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)
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Filing
42
ORDER signed by Magistrate Judge John F. Moulds on 11/7/11 ORDERING that within 14 days from the date of this order defendant County of Sacramento shall pay to the United States Marshal the sum of $56.02, unless within that time defendant files a written statement showing good cause for its failure to waive service; and the Clerk is directed to serve a copy of this order on the U.S. Marshal. (cc: USM)(Yin, K)
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Filing
32
ORDER signed by Magistrate Judge John F. Moulds on 9/29/11 ORDERING the hearing date of 10/6/11 is vacated. The hearing is continued to 11/10/2011 at 11:00 AM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds re 13 15 Motion to Dismiss. (Matson, R)
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Filing
30
ORDER signed by Magistrate Judge John F. Moulds on 9/8/11 ORDERING 29 Request to reset motion hearing is granted; The hearing for 13 Motion to Dismiss and 15 Motion to Dismiss is reset for 10/6/2011 at 11:00 AM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds.(Matson, R)
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Filing
23
ORDER signed by Magistrate Judge John F. Moulds on 8/12/2011 DENYING 11 Motion for Writ to disclose names. (Waggoner, D)
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Filing
7
ORDER signed by Magistrate Judge John F. Moulds on 5/25/11 ORDERING that a Status (Pretrial Scheduling) Conference is SET for 12/1/2011 at 11:00 AM in courtroom 26 (JFM) before Magistrate Judge John F. Moulds. The parties shall submit to the Court an d serve by mail on all other parties, no later than seven days before the Status (Pretrial Scheduling) Conference, a Status report.The Clerk shall send Plaintiff copies (one for each defendant plus one for Plaintiff) of the form, "Cosent to Proceed Before United States Magistrate Judge," with this order. (Mena-Sanchez, L) (Main Document 7 replaced on 5/26/2011) (Mena-Sanchez, L). Modified on 5/26/2011 (Mena-Sanchez, L).
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Filing
5
ORDER signed by Magistrate Judge John F. Moulds on 4/7/11, ORDERING that service is appropriate for defendants Bliss, John Doe 1, John Doe 2, Parske, Juarez, Garcia, Wolfe, Green, Sass, Presley, Sacramento Child Advocates, Helfer, County of Sacrament o, and County of Sacramento Department of Health and Human Services/Child Protective Services. The Clerk shall send plaintiff 14 USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed 1/18/11. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the required documents to the court.(Kastilahn, A)
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Filing
3
ORDER signed by Magistrate Judge John F. Moulds on 12/20/10 GRANTING 2 Motion to Proceed IFP; DISMISSING Plaintiff's Complaint; Plaintiff is Granted 30 days from the date of service of this order to file an amended complaint. (Williams, D)
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