Cupp v. Harris, et al
Cupp, James Edward Cupp and Lawrence Haven |
Harris, Xavier Becerra, Jesse Brucker, Unknown Citrus Heights Police Officer No. 2, Scott Jones, County of Sacramento, City of Citrus Heights, Christopher W. Boyd, County of Placer, Mason, Edward N. Bonner, Christian Baerresen, Hintze, Thomas Lamb, Unknown Citrus Heights Police Officer, Kamala Harris and Unknown Citrus Heights Police Officer No. 1 |
2:2016cv00523 |
March 11, 2016 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Kendall J Newman |
Troy L Nunley |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 78 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/17/2019: On the Court's own motion, Defendants' Motion to Dismiss (ECF No. #74 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 1/24/2019 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 77 REPLY by Xavier Becerra, Kamala Harris re #74 Motion to Dismiss. (O'Brien, Anthony) |
Filing 76 OPPOSITION by James Edward Cupp, Lawrence Haven to #74 Motion to Dismiss. (Gorski, Gary) |
Filing 75 [DISREGARD FILED IN INCORRECT CASE, SHOULD BE IN 2:18-CV-02587-TLN-KJN] ANSWER with Jury Demand by Jesse Brucker.(Motooka, Wendy) Modified on 11/27/2018 (Washington, S). |
Filing 74 MOTION to DISMISS by Xavier Becerra, Kamala Harris. Motion Hearing set for 1/24/2019 at 02:00 PM before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities)(O'Brien, Anthony) |
Filing 73 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/20/2018: The Court is in receipt of Defendants Harris and Becerra's Motion to Dismiss (ECF No. #72 . The Motion as filed is deficient and Counsel for Defendants is directed to re-notice the Motion in compliance with Local Rule 230(a). Accordingly, the 12/20/2018 hearing date is VACATED. Counsel may refer to the Court's website for available law and motion dates. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 72 MOTION to DISMISS by Xavier Becerra, Kamala Harris. Motion Hearing set for 12/20/2018 at 02:00 PM before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities)(O'Brien, Anthony) |
Filing 71 ORDER signed by District Judge Troy L. Nunley on 11/6/18 GRANTING Defendants' Request to file their responses to Plaintiffs' Third Amended Complaint by 11/20/2018. (Mena-Sanchez, L) |
Filing 70 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/6/18 RESCINDING in part the order of 10/11/18 #64 to require only Defendant Lamb, and not Defendant Baerresen to respond to the Third Amended Complaint no later than 11/5/2018 and that the previous order is RESCINDED as to Defendant Baerresen. (Mena-Sanchez, L) |
Filing 69 STIPULATION to Extend Time to Respond to Plaintiffs' Third Amended Complaint by Xavier Becerra, Kamala Harris. Attorney O'Brien, Anthony Paul added. (Attachments: #1 Declaration, #2 Proposed Order)(O'Brien, Anthony) |
Filing 68 ANSWER with Jury Demand by Thomas Lamb.(Lavra, John) |
Filing 67 STIPULATION and PROPOSED ORDER to Modify #64 Order, by Thomas Lamb. (Lavra, John) Modified on 11/5/2018 (Kaminski, H). |
Filing 66 SUMMONS ISSUED as to *Xavier Becerra* with answer to complaint due within *21* days. Attorney *Gary William Gorski* *Law Offices of Gary W. Gorski* *3017 Douglas Blvd. Suite 150* *Roseville, CA 95661*. (Washington, S) |
Filing 65 THIRD AMENDED COMPLAINT against All Defendants by James Edward Cupp, Lawrence Haven.(Gorski, Gary) |
Filing 64 ORDER signed by District Judge Troy L. Nunley on 10/10/2018 IT IS SO ORDERED Based upon the Stipulation of the plaintiff and the Citrus Heights individual Defendants, said Defendants are not required to respond to the current Second Amended Complaint, but shall respond to the Third Amended Complaint within 14 days of service of the complaint. (Reader, L) |
Filing 63 ORDER signed by District Judge Troy L. Nunley on 10/09/18 DENYING #35 , #39 , #40 Plaintiffs' Motions for Preliminary Injunctions and DENYING #47 Motion to Strike as moot. (Benson, A.) |
Filing 62 STIPULATION and PROPOSED ORDER re: Response to Second Amended Complaint by Christian Baerresen, Thomas Lamb. Attorney Lavra, John A. added. (Lavra, John) |
Filing 61 ORDER signed by District Judge Troy L. Nunley on 9/20/18 GRANTING #18 Motion to Dismiss. Plaintiff is afforded thirty (30) days from the date of this Order to file an amended complaint in accordance with this Order. (Kaminski, H) |
Filing 60 ORDER signed by District Judge Troy L. Nunley on 9/20/18 GRANTING in part and DENYING in part #16 Motion to Dismiss. Defendant Christopher W. Boyd and City of Citrus Heights DISMISSED. (Kaminski, H) |
Filing 59 ORDER signed by District Judge Troy L. Nunley on 9/20/18 GRANTING #17 Motion to Dismiss. Defendants County of Placer, Edward N. Bonner, Hintze and Mason DISMISSED. (Kaminski, H) |
Filing 58 ORDER signed by District Judge Troy L. Nunley on 9/20/18 GRANTING in part and DENYING in part #15 Motion to Dismiss and GRANTING #15 Motion to Sever. Defendants County of Sacramento and Scott Jones DISMISSED. Plaintiff is afforded thirty (30) days from the date of this Order to file a severed and amended complaint for the Sixth and Seventh Causes of Action against Defendant Brucker.(Kaminski, H) |
Filing 57 NOTICE of CHANGE of ADDRESS by Wendy M. Motooka. (Motooka, Wendy) |
Filing 56 DECLARATION of Teresa Peterson in opposition to #39 Motion for Preliminary Injunction, #40 Motion for Preliminary Equitable and Injunctive Relief, #35 Motion for Preliminary Injunction. (O'Brien, Anthony) Modified on 5/7/2018 (Benson, A.). |
Filing 55 DECLARATION of Alex Turcotte in opposition to #35 Motion for Preliminary Injunction. (O'Dea, Mark) |
Filing 54 SEALED EVENT (Attachments: #1 Sealed Event, #2 Sealed Event) (Zignago, K.) |
Filing 53 SEALED EVENT (Attachments: #1 Sealed Event, #2 Sealed Event) (Zignago, K.) |
Filing 52 ORDER signed by District Judge Troy L. Nunley on 5/7/2018 GRANTING #50 Request to Seal Documents. The Declaration of Lieutenant Alex Turcotte, and Exhibit A attached thereto, in support of Opposition to Plaintiff James Cupp's Motion for Preliminary Injunction, filed on 4/19/2018, CM/ECF No. 45-1 is placed under SEAL. Counsel shall re-file the Declaration and Exhibit A attached thereto, with appropriate redactions. (Zignago, K.) |
Filing 51 ORDER signed by District Judge Troy L. Nunley on 5/7/2018 GRANTING #49 Request to Seal Documents. The Declaration of Teresa Peterson in Support of Attorney General Becerra's Opposition to Plaintiffs' Motions for Preliminary Injunction, filed on 4/19/2018 as Document No. 42-1, is placed under SEAL. Counsel shall re-file the Declaration with any references to individual birth dates redacted. (Zignago, K.) |
Filing 50 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Christian Baerresen, Christopher W. Boyd, City of Citrus Heights, Thomas Lamb. (O'Dea, Mark) |
Filing 49 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Kamala Harris. (O'Brien, Anthony) |
Filing 48 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/27/2018: On the Court's own motion, Plaintiff's Motions for Preliminary Injunction (ECF Nos. #35 and #39 ) and Motion for Permanent Injunction (ECF No. #40 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 5/3/2018 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 47 MOTION to STRIKE and OBJECTIONS by James Edward Cupp to Turcotte Declaration. (Gorski, Gary) Modified on 4/30/2018 (Benson, A.). |
Filing 46 REPLY by James Edward Cupp, Lawrence Haven re #45 Opposition to Motion, #44 Opposition to Motion, #43 Opposition to Motion. (Gorski, Gary) |
Filing 45 OPPOSITION by Christian Baerresen, Christopher W. Boyd, City of Citrus Heights, Thomas Lamb to #35 Motion for Preliminary Injunction. Attorney O'Dea, Mark added. (Attachments: #1 [SEALED per #52 Order] Declaration)(O'Dea, Mark) Modified on 5/7/2018 (Zignago, K.). |
Filing 44 OPPOSITION by Edward N. Bonner to #39 Motion for Preliminary Injunction. (Attachments: #1 Declaration of Julia M. Reeves)(Reeves, Julia) Modified on 4/20/2018 (Becknal, R). |
Filing 43 OPPOSITION by Jesse Brucker, County of Sacramento, Scott Jones to #40 Motion for Preliminary Equitable and Injunctive Relief. (Attachments: #1 Declaration)(Motooka, Wendy) |
Filing 42 OPPOSITION by Kamala Harris to #35 , #39 , #40 Motions for Preliminary Injunction. (Attachments: #1 [SEALED per #51 Order] Declaration)(O'Brien, Anthony) Modified on 4/19/2018 (Becknal, R). Modified on 5/7/2018 (Zignago, K.). |
Filing 41 PROPOSED ORDER re Granting #35 , #39 and #40 Motions for Preliminary Injunction. (Gorski, Gary) Modified on 4/4/2018 (Zignago, K.). |
Filing 40 MOTION for PRELIMINARY EQUITABLE and INJUNCTIVE RELIEF Against Defendants Kamala D. Harris (Now Xavier Becerra), Sacramento Deputy Sheriff Jesse Brucker, and Scott Jones by Lawrence Haven. Motion Hearing set for 5/3/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities, #2 Declaration Of Lawrence "Wolf" Haven, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Gorski, Gary) Modified on 4/4/2018 (Zignago, K.). |
Filing 39 MOTION for PRELIMINARY INJUNCTION Against Defendants Kamala D. Harris (Now Xavier Becerra) and Edward N. Bonner by Lawrence Haven. Motion Hearing set for 5/3/2018 at 10:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities, #2 Declaration Haven, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Gorski, Gary) Modified on 4/4/2018 (Zignago, K.). |
Filing 38 NOTICE of WITHDRAWAL of ATTORNEY Kevin A. Calia by Kamala Harris. (O'Brien, Anthony) |
Filing 37 DECLARATION of James Cupp in support of #35 Motion for Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gorski, Gary) Modified on 3/19/2018 (Washington, S). |
Filing 36 MEMORANDUM by James Edward Cupp in SUPPORT of #35 Motion for Preliminary Injunction. (Gorski, Gary) Modified on 3/19/2018 (Washington, S). |
Filing 35 MOTION for PRELIMINARY INJUNCTION by James Edward Cupp. Motion Hearing set for 5/3/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Gorski, Gary) Modified on 3/19/2018 (Washington, S). |
Filing 34 NOTICE of APPEARANCE by Anthony Paul O'Brien on behalf of Kamala Harris. Attorney O'Brien, Anthony Paul added. (Attachments: #1 Notice)(O'Brien, Anthony) |
Filing 33 STATEMENT of Supplemental Authority in Support of Attorney General's Motion to Dismiss by Defendant Kamala Harris re #18 Motion to Dismiss. (Calia, Kevin) |
Filing 32 DESIGNATION of COUNSEL FOR SERVICE adding Attorney Julia Reeves for Defendants County of Placer, Edward N. Bonner, Eric Hintz and Michael Mason. Attorney David K. Huskey TERMINATED. (Reeves, Julia) Modified on 8/3/2017 (Kastilahn, A). |
Filing 31 STATEMENT of Supplemental Authority in Support of #18 Motion to Dismiss by Defendant Kamala D. Harris. (Calia, Kevin) Modified on 1/11/2017 (Kaminski, H). |
Filing 30 REPLY by Kamala D. Harris re #22 Opposition to Motion, #20 Declaration, #19 Memorandum in Support of Motion, #18 Motion to Dismiss. (Calia, Kevin) |
Filing 29 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/10/2016: On the Court's own motion, Defendants' Motions to Dismiss (ECF Nos. #15 , #16 , #17 and #18 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 11/17/2016 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 28 REPLY by Jesse Brucker, County of Sacramento, Scott Jones re #24 Opposition to Motion, #15 Motion to Dismiss. (Motooka, Wendy) |
Filing 27 REPLY by Christian Baerresen, Christopher W. Boyd, City of Citrus Heights, Thomas Lamb re #16 Motion to Dismiss, #23 Opposition to Motion. (McDermott, Amanda) |
Filing 26 REPLY by Edward N. Bonner, County of Placer, Hintze, Mason re #25 Opposition to Motion. (Huskey, David) |
Filing 25 OPPOSITION by James Edward Cupp, Lawrence Haven to #17 Motion to Dismiss. (Gorski, Gary) |
Filing 24 OPPOSITION by James Edward Cupp, Lawrence Haven to #15 Motion to Dismiss. (Gorski, Gary) |
Filing 23 OPPOSITION by James Edward Cupp, Lawrence Haven to #16 Motion to Dismiss. (Gorski, Gary) |
Filing 22 OPPOSITION by James Edward Cupp, Lawrence Haven to #18 Motion to Dismiss. (Gorski, Gary) |
Filing 21 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 10/3/2016: On the Court's own motion, the hearing on Defendants Jesse Brucker, County of Sacramento, and Scott Jones' Motion to Dismiss (ECF No. #15 ) is hereby RESET for 11/17/2016 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. All further briefing shall be filed in accordance with Local Rule 230 and the new hearing date. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 20 DECLARATION of Kevin A. Calia in SUPPORT OF #18 MOTION to DISMISS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Calia, Kevin) Modified on 10/12/2016 (Zignago, K.). |
Filing 19 MEMORANDUM by Kamala D. Harris in SUPPORT of #18 MOTION to DISMISS. (Calia, Kevin) |
Filing 18 MOTION to DISMISS by Kamala D. Harris. Motion Hearing set for 11/17/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Calia, Kevin) |
Filing 17 MOTION to DISMISS by Edward N. Bonner, County of Placer, Hintze, Mason. Motion Hearing set for 11/17/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities)(Huskey, David) |
Filing 16 MOTION to DISMISS by Christian Baerresen, Christopher W. Boyd, City of Citrus Heights, Thomas Lamb. Attorney McDermott, Amanda Lynn added. Motion Hearing set for 11/17/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum)(McDermott, Amanda) |
Filing 15 MOTION to DISMISS by Jesse Brucker, County of Sacramento, Scott Jones. Motion Hearing set for 11/3/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities, #2 Declaration)(Motooka, Wendy) |
Filing 14 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/15/16 ORDERING Defendants response to Second Amended Complaint is due by 9/30/2016.(Washington, S) |
Filing 13 STIPULATION and PROPOSED ORDER for Extending Time to Respond to Second Amended Complaint by Kamala D. Harris. Attorney Calia, Kevin A. added. (Calia, Kevin) |
Filing 12 SECOND AMENDED COMPLAINT, with Jury Demand, against all defendants by James Edward Cupp, Lawrence Haven. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Gorski, Gary) Modified on 8/16/2016 (Michel, G.). |
Filing 11 ORDER signed by District Judge Troy L. Nunley on 8/11/2016 ORDERING that Plaintiffs shall have leave to file the proposed Second Amended Complaint, due by 8/15/2016; and Defendants shall have until 9/15/2016 to respond to the Second Amended Complaint.(Reader, L) |
Filing 10 STIPULATION and PROPOSED ORDER for Allowng Plaintiffs to File Proposed Second Amended Complaint by Jesse Brucker, County of Sacramento, Scott Jones. (Motooka, Wendy) |
Filing 9 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 7/28/16 ORDERING the current date of 7/25/16, for filing a response to the First Amended Complaint is hereby vacated; Plaintiffs shall email a proposed Second Amended Complaint to defendants on or before 8/1/16; If consensus is reached, the parties will stipulate for leave to file a Second Amended Complaint, with the Second Amended Complaint to be filed no later than 8/15/16; Defendants' responses (to either the FAC or SAC) shall be due on 9/15/16; the current date for filing the Joint Status Report is hereby vacated; and the parties shall file a Joint Status Report on or before 10/1/16. (Becknal, R) |
Filing 8 STIPULATION and PROPOSED ORDER for Extension of Time to Respond by James Edward Cupp, Lawrence Haven. (Gorski, Gary) |
Filing 7 STIPULATION To Extend Defendants' Time to Respond to First Amended Complaint by Jesse Brucker, County of Sacramento, Scott Jones. Attorney Motooka, Wendy M. added. (Motooka, Wendy) |
Filing 6 SUMMONS ISSUED as to *Edward N. Bonner, Jesse Brucker, County of Placer, County of Sacramento, Hintze, Scott Jones, Mason* with answer to complaint due within *21* days. Attorney *Gary W. Gorski* *Law Offices of Gary W. Gorski* *3017 Douglas Blvd., Suite 150* *Roseville CA 95661*. (Zignago, K.) |
Filing 5 FIRST AMENDED COMPLAINT against All Defendants by James Edward Cupp, Lawrence Haven. Attorney Gorski, Gary William added.(Gorski, Gary) |
Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 VDRP) (Marciel, M) |
Filing 3 SUMMONS ISSUED as to *Christian Baerresen; Christopher W. Boyd; City of Citrus Heights; Kamala D. Harris; Thomas Lamb; Unknown Citrus Heights Police Officer, Badge Number 323; Unknown Citrus Heights Police Officer, who prepared Report Number CH 14-02589 on 3/26/2014; Unknown Citrus Heights Police Officer No. 1; Unknown Citrus Heights Police Officer No. 2* with answer to complaint due within *21* days. Attorney *Gary W. Gorski* *Law Offices of Gary W. Gorski* *3017 Douglas Boulevard, Suite 150* *Roseville, CA 95661* (Marciel, M) |
Filing 2 CIVIL COVER SHEET by James Edward Cupp (Gorski, Gary) |
Filing 1 COMPLAINT against all defendants by plaintiff James Edward Cupp; DEMAND for Jury Trial. (Filing fee $ 400, receipt number 0972-6363253) (Gorski, Gary) |
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