Batterham v. Mono County Law Enforcement et al
| Sara Batterham |
| Wade McCammond, Frank Smith, Mono County Law Enforcement, Mono County District Attorneys Office, Town of Mono Lakes, Kyle Fletcher Graham, George Booth, Doug Hornbeck and Jeremy Ibrihim |
| 2:2011cv01118 |
| April 26, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Mono |
| Edmund F. Brennan |
| Garland E. Burrell |
| Other Statutory Actions |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
40
ORDER signed by Judge Garland E. Burrell, Jr on 11/29/12 ORDERING that the stay of this action as to the Town of Mammoth Lakes, which was entered by this court on July 25, 2012, is lifted; The portions of the findings and recommendations filed June 19, 2012 relating to the Town of Mammoth Lakes are ADOPTED; The Town of Mammoth Lakes' motion to dismiss, Dckt. No. 20 , is granted; Plaintiff's entire second amended complaint is dismissed without leave to amend; The Clerk of Court is directed to close this case. CASE CLOSED(Becknal, R)
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Filing
38
ORDER adopting 33 FINDINGS AND RECOMMENDATIONS in full, except as they apply to the Town of Mammoth Lakes signed by Judge Garland E. Burrell, Jr on 9/7/12: Defendant Hornbeck's motion to dismiss 20 is granted. Defendant Mono County Sherif f's Department's motion to dismiss 21 is granted. Plaintiff's second amended complaint is dismissed as to all defendants but the Town of Mammoth Lakes without leave to amend, as provided in the magistrate judge's findings and recommendations. (Kaminski, H)
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Filing
37
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/12 ORDERING that, by operation of the automatic stay, 11 U.S.C. § 362, this action is STAYED as to the Town of Mammoth Lakes pending resolution of the Town of Mammoth Lakes' bankru ptcy petition, case number 2012-32463, filed 07/03/12, in the U.S. Bankruptcy Court for the Eastern District of California. The parties shall notify the court within 14 days of the resolution of the bankruptcy roceedings. Upon termination of the ba nkruptcy proceeding or an order granting relief from the automatic stay, the Court shall resume consideration of the pending 33 Findings and Recommendations as they relate to the Town of Mammoth Lakes. If any party opines that the remainder of this action and/or the action against one or more of the other defendants is or should be stayed pending resolution of the Town of Mammoth Lakes' bankruptcy petition, that party shall so indicate in writing by 08/10/12. (Benson, A.)
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Filing
33
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/18/12 RECOMMENDING that defendants Hornbeck and the Town of Mammoth Lakes' 20 motion to dismiss be granted; defendant Mono County Sheriff's Department's [ 21] motion to dismiss be granted; plaintiff's second amended complaint be dismissed without leave to amend, as provided in this Order; and the Clerk be directed to close this case. Motions referred to Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
26
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/2/12 ORDERING that Plaintiff has until 5/23/2012 to file a revised opposition to the pending Motions to dismiss. Or or before 5/30/2012, defendants may file a reply to Plaintiff's revised o pposition, or if no revised opposition is filed by 5/23/12, defendants may file a reply to Plaintiff's 4/27/12 opposition. As of 5/31/12, the Motions to Dismiss will stand submitted without oral argument. Plaintiff's Request to continue the hearings on the pending Motions to Dismiss 25 is DENIED as moot. The Clerk is directed to issue and send Plaintiff ten blank subpoenas, as requested.(Mena-Sanchez, L)
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Filing
18
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/2012 ORDERING 15 Amended Complaint filed by Sara Batterham is DISMISSED with leave to amend; Plaintiff is granted 30 days from date of this order to file a second amended complaint; failure to comply with this order will result in a recommendation that this action be dismissed; Status (Pretrial Scheduling) Conference for 2/22/2012 is VACATED; Clerk shall serve a copy of this order on USM; USM is directed to serve a copy of this order on any defendants that the USM served with the original complaint, except defendants Hornbeck and Town of Mammoth Lakes, who have appeared in this action; any individuals and/or entities not yet served with the initial complaint need not be serve with that complaint or with this order. (cc: USM via interoffice mailbox) (Waggoner, D)
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Filing
16
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/11/12; Plaintiff's first amended complaint, Dckt. No. 15, is deemed the operative complaint in this action. Defendants' motion to dismiss, Dckt. No. 12, is denied as moot and the Febr uary 1, 2012 hearing thereon is vacated. If plaintiff did not intend for her amended complaint to supercede her original complaint, on or before January 27, 2012, plaintiff shall file a motion for leave to further amend her complaint to include all of her allegations and all defendants. If plaintiff does not file such a motion, the court will issue an order directing service of process on only the defendants named in the first amended complaint and setting a deadline for already-served defendants to respond to the first amended complaint. Defendants who have already been served with the first amended complaint need not file a response to that complaint until directed to do so by the court. (Matson, R)
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Filing
10
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 11/29/11; IT IS HEREBY ORDERED that the status conference currently scheduled for December 7, 2011, is continued to February 22, 2012, at 10:00 a.m., in Courtroom No. 24. Plaintiff shall show cause, in writing, on or before February 8, 2012, why sanctions should not be imposed for failure to follow court orders and/or for failure to effect service of process within the time prescribed by Rule 4(m). Also by February 8, 2012, th e parties shall file status reports (or a joint status report) setting forth the matters referenced in the courts July 27, 2011 order, including the status of service of process. Failure of plaintiff to comply with this order may result in a recommendation that this action be dismissed for failure to follow court orders, for failure to effect service of process within the time prescribed by Rule 4(m), and/or for lack of prosecution under Rule 41(b).(Matson, R)
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Filing
3
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/27/2011 ORDERING that plaintiff's 2 request to proceed in forma pauperis is GRANTED. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal Rule of Civil P rocedure 4. The Clerk of Court shall send plaintiff ten USM-285 forms, one summons, a copy of the complaint, this court's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for a ll purposes and the court's voluntary dispute resolution program. Plaintiff shall supply the United States Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall, within 14 days thereafter, file a statement with the court that said documents have been submitted to the United States Marshal. The Clerk of Court shall serve a copy of this order on the United States Marshal. (cc USM) (Duong, D)
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