(PS) Oliver v. Superior Court of the State of CA for the County of Placer, et al.,
| Genesia Lei Aloha Oliver, David Jerome Oliver, Sr., Chalise Monique Wilborn and Mary E Oliver |
| Superior Court of the State of California for the County of Placer and Shelley Leigh Wright |
| 2:2012cv02705 |
| October 30, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A Drozd |
| Kimberly J Mueller |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 40 USCA ORDER as to #35 Notice of Appeal DISMISSING this appeal for failure to pay the docketing/filing fees in this case. (Michel, G) |
| SERVICE BY MAIL: sent 3 Financial Fee waiver forms to David Jerome Oliver Sr re #38 Request. (Mena-Sanchez, L) |
| Filing 39 USCA CASE NUMBER 13-17037 for #35 Notice of Appeal filed by David Jerome Oliver, Sr.. (Zignago, K.) |
| Filing 38 REQUEST for 3 Financial Fee waivers by David Jerome Oliver, Sr. (Mena-Sanchez, L) |
| Filing 37 CLERK'S NOTICE of DOCKET CORRECTION: #34 Appellant Brief filed in error; refer to #35 Notice of Appeal as original (Marciel, M) |
| Filing 36 APPEAL PROCESSED to Ninth Circuit for #35 Notice of Appeal filed by plaintiff David Jerome Oliver, Sr.. Notice of Appeal filed *9/26/2013*, Complaint filed *10/30/2012* and Appealed Order / Judgment filed *9/3/2013*. Court Reporter: *Jonathan Anderson*. *Fee Status: Not Paid - Billed* Bill for fees due sent to *David Jerome Oliver, Sr.* (Attachments: #1 Appeal Information, #2 Bill for Appeal Fee) (Marciel, M) |
| SERVICE BY MAIL: #36 Appeal Processed to USCA and 37 Clerk's Notice of Docket Correction served on plaintiffs David Jerome Oliver Sr., Genesia Lei Aloha Oliver, and Mary E Oliver. (Marciel, M) |
| Filing 35 NOTICE of APPEAL by plaintiff David Jerome Oliver, Sr. as to #33 Judgment. (Marciel, M) |
| Filing 34 [DISREGARD - FILED IN ERROR and SHOULD BE #35 NOTICE OF APPEAL] APPELLANT'S OPENING BRIEF by plaintiff David Jerome Oliver, Sr.. (Marciel, M) Modified on 10/9/2013 (Marciel, M) |
Filing 33
JUDGMENT dated *9/3/13* pursuant to order signed by Judge Kimberly J. Mueller on 8/30/13. (Mena-Sanchez, L)
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Filing 32
ORDER signed by Judge Kimberly J. Mueller on 8/30/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/14/13 #27 are ADOPTED in full; Defendant Placer County Superior Court's 2/15/13 MOTION to DISMISS #20 is GRANTED; Plaintiffs' 10/30/12 Complaint #1 is DISMISSED without leave to amend; and This Action is CLOSED.(Mena-Sanchez, L)
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| SERVICE BY MAIL: #32 Order Adopting Findings and Recommendations, #33 Judgment served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver. (Mena-Sanchez, L) |
| Filing 31 REQUEST FOR STATUS by David Jerome Oliver, Sr. (Reader, L) |
| Filing 30 MOTION for 60-DAY EXTENSION OF TIME to file brief by David Jerome Oliver, Sr.. (Kastilahn, A) |
| Filing 29 MOTION for reconsideration and Objections to Findings and Recommendations #27 by Plaintiff David Jerome Oliver, Sr. (missing page 10) (Becknal, R) Modified on 7/24/2013 (Becknal, R). |
| Filing 28 OBJECTIONS to #27 FINDINGS and RECOMMENDATIONS by Plaintiff Mary E Oliver. (Manzer, C) |
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Filing 27
ORDER signed by Magistrate Judge Dale A. Drozd on 6/13/13 ORDERING that Plaintiff Chalise Wilborn's 3/4/13 MOTION for Removal from this Action #21 is GRANTED. IT IS RECOMMENDED that Defendant Placer County Superior Court's 2/15/13 MOTION to Dismiss #20 be granted; Plaintiffs' 10/30/12 Complaint, #1 be dismissed without leave to amend; This Action be closed. These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
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| SERVICE BY MAIL: #27 Order, and Findings and Recommendations served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver, Chalise Monique Wilborn. (Mena-Sanchez, L) |
| Filing 26 LETTER from David J. Oliver, Sr. (Michel, G) |
| Filing 25 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: MOTION HEARING held on 3/29/2013 re #20 Motion to Dismiss filed by Superior Court of the State of California for the County of Placer. Telephonic Appearance by Genesia Oliver and Mary Oliver, pro se; Andreas Garza,on behalf of Superior Court of the State of California for the County of Placer, telephonic. No appearance by David Oliver and Chalise Wilborn. Court addressed #21 Motion for Removal from docket as a named plaintiff filed by Chalise Monique Wilborn. Court addressed email received by Jonathan Lancaster as inappropriate. After hearing of arguments, for reasons stated on the record, #20 Motion to Dismiss Submitted. Court to issue written findings and recommendations. Plaintiffs Counsel Genesia Oliver, Mary Oliver telephonic. Defendants Counsel Andreas Garza, telephonic. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
| Filing 23 REPLY to #22 Amended Opposition to #20 Motion to Dismiss by Superior Court of the State of California for the County of Placer. (Garza, Andreas) Modified on 3/20/2013 (Michel, G). |
| Filing 22 OPPOSITION ("AMENDED") by plaintiffs to Placer County Superior Court's #20 Motion to Dismiss. (Marciel, M) |
| Filing 21 MOTION for REMOVAL from docket as a named plaintiff by Chalise Monique Wilborn. (Marciel, M) |
| Filing 20 MOTION to DISMISS by Superior Court of the State of California for the County of Placer. Motion Hearing set for 3/29/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities) (Garza, Andreas) Modified on 2/20/2013 (Mena-Sanchez, L). |
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Filing 19
ORDER signed by Magistrate Judge Dale A. Drozd on 2/4/2013 ORDERING that Defendant Placer County Superior Court's #12 amended motion to consolidate is DENIED without prejudice. Defendant Placer County Superior Court shall file a response to plaintiff's amended complaint within fourteen days. Plaintiffs' #17 amended motion for summary judgment is DENIED without prejudice. The Status (Pretrial Scheduling) Conference previously set for 3/15/2013, is VACATED. (Zignago, K.)
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| SERVICE BY MAIL: #19 Order served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver, Chalise Monique Wilborn. (Zignago, K.) |
| Filing 24 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: MOTION HEARING held on 2/1/2013 re #11 MOTION to DISMISS filed by District Attorney Office for the County of Placer, #15 MOTION to CONSOLIDATE CASES filed by Superior Court of the State of California for the County of Placer. Matters 12cv2388 GEB DAD PS, 12cv2705 KJM DAD PS, and 12cv2665 GEB GGH PS called. Record reflects no appearance on behalf of Chalise Wilburn and Mary Estelle Oliver. Chalise Wilburn and Mary Oliver, pro se pltfs' appeared late. Court addressed motions to consolidate. Court noted, for reasons stated on the record, it is not inclined to recommend consolidation. Dft's granted fourteen days from today's date to file a motion to dismiss. Court addressed motion to dismiss in 12cv2388 GEB DAD PS and pltfs' non opposition. Court, for reasons stated on the record, to issue written order or findings and recommendations. Court addressed pltfs' as to their multiple filings and referred pltfs' to review the local rules for this court. Court noted, for reasons stated on the record, denying pltfs' motions with prejudice.Mr. Jacob addressed motion to dismiss in 12cv2665 GEB GGH PS. Court addressed pltfs' as to non-opposition of dismissing the District Attorney's Office for the County of Placer, each pltf directed to file a notice of dismissal. Plaintiffs Counsel David Oliver and Genesia telephonic, Chalise Wilborn andMary Oliver present. Defendants Counsel Andreas Garza, on behalf of Superior Court of the State of California for the County of Placer, telephonic. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
| Filing 18 MINUTE ORDER: (TEXT ONLY) by Crd P. Buzo for Magistrate Judge Dale A. Drozd on 1/25/2013. IT IS HEREBY ORDERED: At a session before the Honorable Dale A. Drozd on 1/25/2013, Defendant's #12 MOTION to CONSOLIDATE CASES scheduled for hearing on 2/1/ 2013, at 10:00 a.m. is Moved to 01:30 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Parties may appear at the hearing telephonically. To arrange telephonic appearance, the parties shall contact the undersigned at (916) 930-4128, at least forty-eight hours prior to the hearing and provide a land line number.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| SERVICE BY MAIL: 18 Minute Order Reset Motion Hearing on 2/1/2013 from 10:00 AM to 1:30 PM served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver, Chalise Monique Wilborn. (Buzo, P) |
| Filing 17 AMENDED MOTION for SUMMARY JUDGMENT by David Jerome Oliver, Sr. Motion Hearing set for 2/18/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (MAINTAIN ON PAPER) (Zignago, K.) Modified on 1/15/2013 (Zignago, K.). |
| Filing 16 MINUTE ORDER: (TEXT ONLY) by Crd P. Buzo for Magistrate Judge Dale A. Drozd on 1/10/2013. IT IS HEREBY ORDERED: Plaintiff's Motions #14 for Order Vacating and Setting Aside Default and Default Judgment and #15 MOTION for SUMMARY JUDGMENT filed January 9, 2013, are defective as filed of non-compliance with Local Rule 230(b) and will not be heard as scheduled on January 25, 2013. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| SERVICE BY MAIL: 16 Minute Order re Motion for Order Vacating and Setting Aside Default and Default Judgment and Motion for Summary Judgment served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver, Chalise Monique Wilborn. (Buzo, P) |
| Filing 15 MOTION for SUMMARY JUDGMENT by plaintiff David Jerome Oliver, Sr.. Motion Hearing set for 1/25/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities) (Marciel, M) |
| Filing 14 MOTION for ORDER VACATING and SETTING ASIDE DEFAULT and DEFAULT JUDGMENT by David Jerome Oliver, Sr.. Motion Hearing set for 1/25/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Marciel, M) |
| Filing 13 MINUTE ORDER: (TEXT ONLY) by Crd P. Buzo for Magistrate Judge Dale A. Drozd on 1/9/2013. IT IS HEREBY ORDERED: At a session before the Honorable Dale A. Drozd on January 9, 2013, in the interest of judicial economy, Defendant Superior Court of the State of California for the County of Placer's #12 MOTION to CONSOLIDATE CASES scheduled for hearing on 1/25/2013, is continued to 2/1/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Parties may appear at the hearings telephonically. To arrange telephonic appearance, the parties shall contact the undersigned at (916) 930-4128, at least forty-eight hours prior to the hearing.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| SERVICE BY MAIL: 13 Minute Order Reset Motion Hearing to 2/1/2013 served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver, Chalise Monique Wilborn. (Buzo, P) |
| Filing 12 AMENDED MOTION to CONSOLIDATE CASES by Superior Court of the State of California for the County of Placer. Motion Hearing set for 1/25/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Attachments: #1 Proof of Service)(Garza, Andreas) Modified on 12/14/2012 (Mena-Sanchez, L). |
| Filing 11 Defendant's REPLY to Plaintiffs' OPPOSITION to #10 MOTION to CONSOLIDATE CASES; MOTION for EXTENSION of TIME to FILE ANSWER ; Memorandum of Points and Authorities in SUPPORT thereof.(Garza, Andreas) Modified on 12/13/2012 (Mena-Sanchez, L). |
| Filing 10 MOTION to CONSOLIDATE CASES 2:12-CV-02665 GEB GGH, 2:12-CV-2388 GEB DAD, and 2:12-CV-2705 KJM DAD and for EXTENSION of TIME to file responsive pleading. Motion Hearing set for 12/17/2012 at 9:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Attorney Garza, Andreas Oliver added. (Garza, Andreas) Modified on 12/12/2012 (Marciel, M) |
| Filing 9 SUMMONS RETURNED EXECUTED: Superior Court of the State of California for the County of Placer served on 11/12/2012, answer due 12/3/2012. (Kastilahn, A) |
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Filing 8
ORDER SETTING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Magistrate Judge Dale A. Drozd on 11/14/12 SETTING Status (Pretrial Scheduling) Conference for 3/15/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Within 14 days after plaintiffs are served with this order, plaintiffs shall serve upon each defendant one copy of this order, as well as a copy of the Notice of Availability of a Magistrate Judge and the related form that were served on plaintiffs by the Clerk on 11/2/12; within 5 days after serving the required copies on the defendants, plaintiffs shall file a certificate of service indicating the date and manner of service of the copies on each defendant. Plaintiffs shall file and serve a status report on or before 3/1/13, and defendants shall file and serve status reports on or before 3/8/13. Plaintiffs are advised that failure to file a timely status report, or failure to appear at the status conference either in person or telephonically, may result in a recommendation that this action be dismissed. Plaintiffs are cautioned that Rule 4(m) of the FRCP provides that a defendant must be dismissed if service of the summons and complaint is not accomplished on the defendant within 120 days after the complaint was filed. (Meuleman, A)
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| SERVICE BY MAIL: #8 Order served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver, Chalise Monique Wilborn. (Meuleman, A) |
| Filing 7 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Genesia Lei Aloha Oliver. (Kaminski, H) |
| Filing 6 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Mary E Oliver. (Kaminski, H) |
| Filing 5 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Chalise Monique Wilborn. (Kaminski, H) |
| Filing 4 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by David Jerome Oliver, Sr. (Kaminski, H) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Benson, A.) |
| Filing 2 SUMMONS ISSUED as to *Superior Court of the State of California for the County of Placer, Shelley Leigh Wright* with answer to complaint due within *21* days. Attorney *David Jerome Oliver, Sr.* *800 E. Clinton Ave.* *Atwater, CA 95301*. (Benson, A.) |
| SERVICE AT FRONT COUNTER: #3 Civil New Case Documents for KJM, #2 Summons, served on David Jerome Oliver Sr., Genesia Lei Aloha Oliver, Mary E Oliver, Chalise Monique Wilborn. (Benson, A.) |
| RECEIPT number #CAE200048324 $350.00 fbo David Jerome Oliver, Sr. by David Jerome Oliver, Sr. on 11/2/2012. (Benson, A.) |
| Filing 1 COMPLAINT against All Defendants by Chalise Monique Wilborn, David Jerome Oliver, Sr, Mary E Oliver, Genesia Lei Aloha Oliver. (Attachments: #1 Civil Cover Sheet)(Benson, A.) |
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