Canupp v. Children's Receiving Home of Sacramento
| Tina Canupp |
| Children's Receiving Home of Sacramento |
| 2:2014cv01185 |
| May 14, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Deborah Barnes |
| William B Shubb |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrimination |
| Plaintiff |
Docket Report
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Filing 71
ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Edmund F. Brennan* to Magistrate Judge Deborah Barnes for all further proceedings. (Jackson, T)
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Filing 70
STIPULATION and ORDER of Dismissal #69 signed by Senior Judge William B. Shubb on 7/29/2016. The parties will bear their own respective costs, including attorney fees and other litigation expenses. Civil Case Terminated. CASE CLOSED. (Kirksey Smith, K)
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| Filing 69 STIPULATION of DISMISSAL by Tina Canupp. (Attachments: #1 Proposed Order)(Perkins, Robin) |
| Filing 68 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Streeter for Senior Judge William B. Shubb on 07/07/2016: Pursuant to a #67 Notice of Settlement filed on 7/6/2016, this case has settled. Accordingly, the parties shall file their disposition documents pursuant to Local Rule 160(b), and no later than 7/29/2016 or a Joint Status Report by that date if settlement has not been finalized. The trial date of 8/23/2016 shall REMAIN until final dismissal of this action or further order of this court. The Settlement Conference set for 8/5/2016 is hereby vacated.(Streeter, J) |
| Filing 67 NOTICE of SETTLEMENT by Tina Canupp. (Asbill, Natalia) |
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Filing 66
AMENDED FINAL PRETRIAL ORDER signed by Senior Judge William B. Shubb on 6/23/2016. Jury Trial set for 8/23/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Settlement Conference set for 8/5/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. No later than 12:00 PM on 7/29/2016 counsel for each party shall submit a Confidential Settlement Conference Statement via email to CKDorders@caed.uscourts.gov. (Zignago, K.)
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| Filing 65 REQUEST for Modification to #64 Final Pretrial Order by Children's Receiving Home of Sacramento. (Holden, Stephen) Modified on 6/24/2016 (Zignago, K.). |
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Filing 64
FINAL PRETRIAL ORDER signed by Senior Judge William B. Shubb on 6/20/2015: The Jury Trial is set for 8/23/2016 at 09:00 a.m. in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties estimate that the trial will last approximately seven to ten days. The court declines to bifurcate the trial. A Settlement Conference is set before Magistrate Judge Carolyn K. Delaney on 8/5/2016 at 9:30 a.m. in Courtroom 24, 8th Floor. Each party is ordered to have a principal with full settlement authority present at the settlement conference or to be fully authorized to settle the matter on any terms.No later than 12:00 p.m. (noon) on 7/29/2016, counsel for each party shall submit a Confidential Settlement Conference Statement via email to CKDorders@caed.uscourts.gov. Any objections or suggested modifications to this Pretrial Order shall be filed and served within five court days from the file-stamped date of this Order. [See document for further details.] (Kirksey Smith, K)
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| Filing 63 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: PRETRIAL CONFERENCE held on 6/20/2016. (Text Only) for proceedings held before Judge William B. Shubb: PRETRIAL CONFERENCE held on 6/20/2016. Court confers with counsel re defendant's request to file a further summary judgment motion. Court DENIES defendant's request without prejudice to raising the issue(s) at time of trial. Court confers with counsel re the parties' pretrial statements, remaining claims, trial procedures and jury selection. Court informs counsel that at least 7 jurors will be seated for trial, and no more than 10, as noted on the record, and to be determined at the time of jury selection. Court limits attorney voir dire to 30 minutes per side. Court reserves rulings on motions in limine pending the introduction of evidence at the time of trial, to be included in the parties' trial briefs, unless counsel determine that there is a matter of law that the court needs to address prior to the introduction of evidence at time of trial. Court orders this action referred for the random selection of a settlement judge: The parties are hereby notified that a Settlement Conference is set before the Hon. Carolyn K. Delaney, Magistrate Judge, on 8/5/2016 at 09:30 AM in Courtroom 24, 8th Floor. Each party is directed to have a principal capable of disposition at the Settlement Conference or to be fully authorized to settle the matter on any terms at the Settlement Conference. Each party is further directed to submit via email to CKDorders@caed.uscourts.gov a confidential settlement conference statement no later than 12:00 PM (Noon) on 7/29/2016. Such statements are not to be filed with the clerk, although the parties may agree, or not, to serve each other with the settlement statements. However, each party shall e file a one-page document entitled "Notice of Submission of Confidential Settlement Conference Statement." If the settlement judge is not the trial judge, the Confidential Settlement Conference Statement shall not be disclosed to the trial judge. Court and counsel estimate the trial to be 10 days. Court discusses trial days with counsel and shall inform the jury panel of days that the court will be in session. Court to issue a separate pretrial order. Plaintiffs Counsel Robin Perkins, Natalia Asbill present. Defendants Counsel Steve Holden, Adrian Hoppes present. Court Reporter: Kelly O'Halloran. cc: USMJ Delaney. (Kirksey Smith, K) |
| Filing 62 PRETRIAL STATEMENT by Defendant Children's Receiving Home of Sacramento.(Holden, Stephen) |
| Filing 61 PRETRIAL STATEMENT by Plaintiff Tina Canupp.(Asbill, Natalia) |
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Filing 60
MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 4/20/2016 GRANTING IN PART AND DENYING IN PART #25 Defendant's Motion for Summary Judgment; and GRANTING IN PART AND DENYING IN PART #27 Plaintiff's Motion for Summary Judgment. (Kirksey Smith, K)
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| Filing 59 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 4/18/2016 re #25 Defendant's Motion for Summary Judgment, or in the alternative, for Summary Adjudication of Issues and #27 Plaintiff's Motion For Summary Judgment. Counsel argue. MOTIONS SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs Counsel Natalia Asbill, Robin Perkins present. Defendants Counsel Adrian Hoppes present. Court Reporter: Michelle Babbitt. (Kirksey Smith, K) |
| Filing 58 OBJECTIONS to evidence by Plaintiff Tina Canupp. (Asbill, Natalia) Modified on 4/12/2016 (Washington, S). |
| Filing 57 REQUEST for JUDICIAL NOTICE by Tina Canupp. (Asbill, Natalia) |
| Filing 56 REPLY by Tina Canupp to Response re #27 Motion for Summary Judgment. (Asbill, Natalia) Modified on 4/12/2016 (Washington, S). |
| Filing 55 REPLY by Tina Canupp re #27 Motion for Summary Judgment. (Asbill, Natalia) Modified on 4/12/2016 (Washington, S). |
| Filing 54 DECLARATION of Natalia D. Asbill in SUPPORT OF #27 Motion for Summary Judgment. (Asbill, Natalia) |
| Filing 53 REPLY by Tina Canupp re #27 Motion for Summary Judgment. (Asbill, Natalia) |
| Filing 52 REPLY by Children's Receiving Home of Sacramento to RESPONSE to #25 Motion for Summary Judgment. Attorney Holden, Stephen R. added. (Attachments: #1 Response to Plaintiff's SSF re Opp. to D's MSJ, #2 Declaration of Holden)(Holden, Stephen) Modified on 4/12/2016 (Washington, S). |
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Filing 51
ORDER signed by Senior Judge William B. Shubb on 4/8/16 ORDERING that Plaintiff's Request to seal documents, #43 is GRANTED; IT IS FURTHER ORDERED that Exhibits M, O, and Q to the deposition of Norma Mesa, which are included as attachments in Exhibit 5 to Natalia D. Asbills declaration filed in opposition to Defendant's Motion for Summary Judgment, (Docket No. #45 ), be filed under seal.(Mena-Sanchez, L)
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| Filing 50 NOTICE OF LODGING DOCUMENT IN PAPER by Tina Canupp: Notice of Lodging Depositions. (Asbill, Natalia) |
| Filing 49 OBJECTIONS by Plaintiff Tina Canupp to #25 Motion for Summary Judgment, #26 Declaration (Asbill, Natalia) |
| Filing 48 STATEMENT of Additional Disputed Material Facts by Plaintiff Tina Canupp re #25 Motion for Summary Judgment. (Asbill, Natalia) |
| Filing 47 STATEMENT of Opposition to Defendant Undisputed Material Facts by Plaintiff Tina Canupp re #25 Motion for Summary Judgment. (Asbill, Natalia) |
| Filing 46 DECLARATION of Tina Canupp in OPPOSITION TO #25 Motion for Summary Judgment. (Asbill, Natalia) |
| Filing 45 DECLARATION of Natalia D. Asbill in OPPOSITION TO #25 Motion for Summary Judgment. (Asbill, Natalia) |
| Filing 44 OPPOSITION by Tina Canupp to #25 Motion for Summary Judgment. (Asbill, Natalia) |
| Filing 43 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Tina Canupp. (Asbill, Natalia) |
| Filing 42 OPPOSITION by Children's Receiving Home of Sacramento to #27 Motion for Summary Judgment. (Attachments: #1 Declaration of Kluth, #2 Declaration of Ballard, #3 Statement of Facts, #4 Response to P's SSF) (Oceguera, Anthony) Modified on 4/5/2016 (Jackson, T). |
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Filing 41
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/22/16 ORDERING that Defendant's MOTION to Compel Hendrickson & Hunt to produce Jay Hendrickson for deposition (ECF No. #35 ) is deemed withdrawn and the 3/23/16 hearing thereon is VACATED. The deadline to complete discovery is extended to 4/21/2016, for the limited purpose of completing the deposition of Jay Hendrickson. Jay Hendrickson's deposition shall commence at 8:00 a.m. on 4/21/16 at Hendrickson & Hunt's Folsom office. Defendant is reminded that the deposition is limited to two hours. See ECF No. #23 .(Mena-Sanchez, L)
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| Filing 40 AMENDED #29 DECLARATION of Tina Canupp in support of #27 Motion for Summary Judgment. (Asbill, Natalia) Modified on 3/21/2016 (Mena-Sanchez, L). |
| Filing 39 OBJECTIONS by defendant Children's Receiving Home of Sacramento to #29 Declaration of Tina Canupp in support of #27 Motion for Summary Judgment. (Oceguera, Anthony) Modified on 3/22/2016 (Marciel, M) |
| Filing 38 OPPOSITION by Tina Canupp to #35 Motion to Compel re Hendrickson & Hunt Pain Mgt Physicians. (Attachments: #1 Declaration Robin K. Perkins)(Asbill, Natalia) |
| Filing 37 DECLARATION of Lanette Silva in support re #35 Motion to Compel. (Oceguera, Anthony) |
| Filing 36 SUPPLEMENTAL #35 DECLARATION of Anthony Oceguera in support of #35 Motion to Compel. (Oceguera, Anthony) |
| Filing 35 MOTION to COMPEL Attendance at Corporate Deposition and for Sanctions re Hendrickson & Hunt Pain Management Physicians by Children's Receiving Home of Sacramento. Motion Hearing set for 3/23/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: #1 Declaration of Anthony Oceguera, #2 Proposed Order)(Oceguera, Anthony) Modified on 3/9/2016 (Reader, L). |
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Filing 34
ORDER signed by Senior Judge William B. Shubb on 03/02/16 ORDERING that defendant's request to seal documents is DENIED IN PART as to plaintiff's medical records; GRANTED IN PART as to the #38 employment record pertaining to an investigation into allegations of misconduct toward youth by a former CRH employee; #26 Exhibit 38 to defendant's motion for summary judgment be filed UNDER SEAL. The remainder of defendant's exhibits submitted in support of its motion for summary judgment and all other written materials in this action shall not be under seal. (Benson, A)
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| Filing 33 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that #25 Defendant's Motion for Summary Judgment, or in the alternative, for Summary Adjudication of Issues is continued from 4/4/2016 to 4/18/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, so that it made be heard with #27 Plaintiff's Motion For Summary Judgment. The Pretrial Conference is continued from 4/25/216 to 6/20/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is continued from 6/28/2016 to 8/23/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. [Counsel shall refer to the #10 Court's initial scheduling order issued 9/11/2014 for further orders of the Court.] (Kirksey Smith, K) |
| Filing 32 NOTICE OF LODGING DOCUMENT IN PAPER by Tina Canupp: Lodging of Original Deposition Transcripts. (Asbill, Natalia) |
| Filing 31 STATEMENT of Undisputed Material Facts by Plaintiff Tina Canupp re #27 MOTION for SUMMARY JUDGMENT. (Asbill, Natalia) |
| Filing 30 DECLARATION of Natalia D. Asbill in SUPPORT OF #27 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibits A-B, #2 Exhibits C-E, #3 Exhibits F-H)(Asbill, Natalia) Modified on 3/1/2016 (Kaminski, H). |
| Filing 29 DECLARATION of Tina Canupp in support of #27 Motion for Summary Judgment. (Asbill, Natalia) Modified on 3/22/2016 (Marciel, M) |
| Filing 28 MEMORANDUM by Tina Canupp in SUPPORT of #27 MOTION for SUMMARY JUDGMENT. (Asbill, Natalia) |
| Filing 27 MOTION for SUMMARY JUDGMENT by Tina Canupp. Motion Hearing set for 4/18/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Asbill, Natalia) Modified on 3/1/2016 (Streeter, J). |
| Filing 26 DECLARATION of Anthony Oceguera re #25 Motion for Summary Judgment. (Attachments: #1 Exhibits 1 through 25, #2 Exhibits 26-37; 39-40, #3 Exhibit 41 through 50, #4 Exhibit 51 through 59, #5 Declaration of David Ballard, #6 Declaration of Karen Gregg, #7 Declaration of Norma Mesa, #8 Declaration of Anna Naify)(Oceguera, Anthony) Modified on 3/1/2016 (Kaminski, H). (Benson, A). (Additional attachment(s) added on 3/3/2016: #9 Sealed Event) (Benson, A). (Modified - *Attachments #2 and #3 replaced on 3/3/2016 with redactions as noted) (Kirksey Smith, K). |
| Filing 25 MOTION for SUMMARY JUDGMENT by Children's Receiving Home of Sacramento. Motion Hearing set for 4/4/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Statement of Undisputed Facts)(Oceguera, Anthony) |
| Filing 24 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Children's Receiving Home of Sacramento. (Oceguera, Anthony) |
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Filing 23
ORDER granting in part and denying in part #17 Motion for Discovery signed by Magistrate Judge Edmund F. Brennan on 2/17/16. (Hinkle, T)
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| Filing 22 MINUTES (Text Only) for MOTION HEARING held on 2/17/2016 before Magistrate Judge Edmund F. Brennan re: DEFT'S MOTION FOR ORDER PERMITTING DEFENDANT TO TAKE ADDITIONAL DEPOSITIONS AND FOR MODIFICATION OF PRETRIAL SCHEDULING ORDER #17 . All parties present. The Court discussed the pending motion and pltf's request to strike #21 with the parties. The Court denied pltf's request to strike for the reasons as stated on the record. Arguments heard as to deft's motion. Court order to issue. Plaintiffs Counsel Robin Perkins and Natalia Asbill present. Defendants Counsel Anthony Oceguera present. Court Reporter/CD Number: ECRO, CD 1 of 1. (Cannarozzi, N) |
| Filing 21 DECLARATION of Robin K. Perkins in OPPOSITION TO #19 Notice to Reschedule Motion Hearing. (Asbill, Natalia) |
| Filing 20 AMENDED PROPOSED ORDER re #17 Motion for Discovery/Motion to Modify by Children's Receiving Home of Sacramento. (Oceguera, Anthony) Modified on 1/26/2016 (Michel, G.). |
| Filing 19 NOTICE TO RESCHEDULE MOTION HEARING re #17 Motion for Discovery/Motion to Modify by Children's Receiving Home of Sacramento. Motion Hearing RESET for 2/17/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Oceguera, Anthony) Modified on 1/26/2016 (Cannarozzi, N). |
| Filing 18 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that #17 Defendant's Motion for Order Permitting Defendant to Take Additional Depositions has been improperly noticed before Senior Judge William B. Shubb, and therefore, the 2/22/2016 hearing date is VACATED. Pursuant to Local Rule 302(c), this motion shall be heard before the assigned Magistrate Judge, Edward F. Brennan. The filer is instructed to contact Magistrate Judge Brennan's courtroom clerk for an available hearing date and time. Any requests to continue the trial date shall be properly submitted before Judge Shubb. (Kirksey Smith, K) |
| Filing 17 MOTION FOR DISCOVERY; MOTION TO MODIFY the #10 Status (Pretrial Scheduling) Order by Children's Receiving Home of Sacramento. Motion Hearing SET for 2/22/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Declaration of Anthony Oceguera, #2 Exhibits A-D, #3 Proposed Order, #4 Joint Statement re Discovery Dispute) (Oceguera, Anthony) Modified on 1/26/2016 (Michel, G.). |
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Filing 16
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/14/15 ORDERING that the deadlines to complete discovery and file any discovery-related motions are extended to January 31, 2016. All other deadlines will remain as modified in Order to Modify Pretrial Scheduling Order, Docket No. #14 . (Dillon, M)
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| Filing 15 STIPULATION and [PROPOSED ORDER] to Modify Pretrial Scheduling Order by Children's Receiving Home of Sacramento. (Oceguera, Anthony) Modified on 12/8/2015 (Mena-Sanchez, L). |
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Filing 14
STIPULATION and ORDER TO MODIFY PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 08/27/15 ORDERING that the following dates are EXTENDED as follows: Discovery completed by 12/30/2015; Dispositive Motions filed by 2/29/2016; Final Pretrial Conference RESET for 4/25/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Jury Trial RESET for 6/28/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A) Modified on 11/23/2015 (Kirksey Smith, K).
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| Filing 13 STIPULATION and PROPOSED ORDER modifying the #10 Status (Pretrial Scheduling) Order by Children's Receiving Home of Sacramento. (Oceguera, Anthony) Modified on 8/27/2015 (Michel, G.). |
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Filing 12
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/14 ORDERING that the Stipulation for Entry of This Confidentiality Agreement and Protective Order is Hereby Granted. (Becknal, R)
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| Filing 11 STIPULATION and PROPOSED ORDER for Joint Confidentiality Agreement and the Entry of a Protective Order by Children's Receiving Home of Sacramento. (Oceguera, Anthony) |
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Filing 10
STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 9/11/2014 ORDERING: The Status (Pretrial Scheduling) Conference date of 9/15/2014 is VACATED, and no appearance is required. Initial Disclosures due by 9/29/2014. Disclosure of Experts and Reports due by 7/21/2015. Expert Testimony on Rebuttal shall be disclosed and reports produced by 8/24/2015. All discovery shall be completed by 9/21/2015. All motions to compel discovery must be noticed so that they may be heard no later than 9/21/2015. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed by 9/28/2015. Final Pretrial Conference is set for 12/7/2015 at 02:00 PM and Jury Trial is set for 2/9/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Counsel shall refer to the attached order for more detailed information.) (Kirksey Smith, K)
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| Filing 9 JOINT STATUS REPORT by Children's Receiving Home of Sacramento. (Oceguera, Anthony) |
| Filing 8 DESIGNATION OF COUNSEL FOR SERVICE: Attorney Anthony C. Oceguera ADDED for Children's Receiving Home of Sacramento, Attorney Kimberley Ann Worley TERMINATED. (Oceguera, Anthony) Modified on 7/11/2014 (Michel, G). |
| Filing 7 DEMAND for TRIAL by JURY by Tina Canupp. (Asbill, Natalia) |
| Filing 6 STATEMENT of Corporate Disclosure by Defendant Children's Receiving Home of Sacramento. (Worley, Kimberley) |
| Filing 5 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Children's Receiving Home of Sacramento. (Worley, Kimberley) |
| Filing 4 CERTIFICATE of SERVICE by Children's Receiving Home of Sacramento re #3 Civil New Case Documents for WBS. (Worley, Kimberley) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/15/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Meuleman, A) |
| Filing 2 NOTICE of REMOVAL from Sacamento Superior Court, case number 34-2014-00162514 by Children's Receiving Home of Sacramento.(Worley, Kimberley) |
| Filing 1 CIVIL COVER SHEET by Children's Receiving Home of Sacramento (Worley, Kimberley) |
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