Rogers v. Richard et al
| Kim Edward Rogers |
| M. Richard, Wesley J. Fish, Sean D. Kent, Justin A. Thompson, Jeffrey A. Nichols, Phillip A. Williams and C. Vasiliou |
| 2:2017cv00149 |
| January 24, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| John A. Mendez |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
73
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/12/19 ORDERING that the 3/13/2019 status (pretrial scheduling) conference is VACATED and RECOMMENDING that this action be dismissed for failure to prosecute and failure to comply with court orders. Matter REFERRED to District Judge John A. Mendez. 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) Modified on 3/12/2019 (Kastilahn, A).
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Filing
72
ORDER and ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 2/7/2019 CONTINUING the status (pretrial scheduling) conference to 3/13/2019, at 10:00 AM, in Courtroom 8 (EFB), before Magistrate Judge Edmund F. Brennan and DIR ECTING plaintiff to file, on or before 2/27/2019, a status report in accordance with the court's 70 Order. Plaintiff shall SHOW CAUSE, in writing, no later than 2/27/2019, why sanctions should not be imposed for failure to comply with the court's 1/17/2019 order. (York, M)
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Filing
70
ORDER SETTING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Magistrate Judge Edmund F. Brennan on 1/17/19 ORDERING A Status (Pretrial Scheduling) Conference is set for 2/13/19 at 10:00 a.m. in Courtroom 8; Not later than fourteen (14) days prior to the Status Conference, the parties shall file status reports. (Becknal, R)
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Filing
67
ORDER signed by District Judge John A. Mendez on 6/5/18 ADOPTING FINDINGS and RECOMMENDATIONS 64 : Any claim based on the Omnibus Crime Control and Safe Streets Act is dismissed. Any claim based on the alleged 2013 racial profiling stop is di smissed. Defendants Joseph Farrow, Michael Richard, Kent, Thompson, Nichols, Williams, Vasilou, Koon, Bertola and Matthews are dismissed. Defendants' Motion to Dismiss the 2000d allegations based on the statute of limitations is denied. Claims against defendant Stanley in his official capacity and defendant Fish in his individual capacity shall remain in the case. No further amendments to the complaint are permitted. Defendants shall file an Answer to the Complaint within 30 days of the issuance of this Order. (Kaminski, H)
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Filing
65
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/26/18, ORDERING that the parties shall have 14 days from the date of this Order to file and serve written objections to the court's 64 Findings and Recommendations. Any Reply to the objections shall be served and filed within seven days after service of the objections. (Kastilahn, A)
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Filing
64
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/7/18, RECOMMENDING that any Omnibus Crime Control and Safe Streets Act claim should be finally dismissed, any claim based on the alleged 2013 racial profiling stop should be finally dismissed, Joseph Farrow and Michael Richard, sued only in their official capacity, should befinally dismissed, defendants Kent, Thompson, Nichols, Williams, Vasilou (investigator), Koon andBertola should be finally dismissed, deceased de fendant Matthews should be dismissed, the Motion to Dismiss the 2000d allegations based on the statute of limitations should be denied, defendants Stanley, official capacity, and Fish, individual capacity, should remain as defendants in this case, no further amendments should be permitted, an answer to the surviving allegations and claims should be filed by the remaining defendants, and resolve ECF No. 57 . Matter referred to District Judge John A. Mendez. (Kastilahn, A)
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Filing
60
ORDER signed by District Judge Morrison C. England, Jr on 1/31/2018 ORDERING that in regards to Notice of Related Case that it is inappropriate to relate or reassign the cases, and therefore declines to do so. (Washington, S)
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Filing
56
ORDER signed by District Judge John A. Mendez on 12/19/17 ORDERING that Respondent's Motion to Dismiss is GRANTED with LEAVE to AMEND claims pleaded under 42 U.S.C. section 2000e and 28 U.S.C. section 1983; Respondent's Motion to dismiss is GRANTED without leave to amend as to all other claims pleaded; the Class Action allegations of the Complaint are STRICKEN without leave to replead.(Becknal, R)
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Filing
55
ORDER vacating 40 Motion for Preliminary Injunction and 49 Motion to Dismiss signed by Magistrate Judge Gregory G. Hollows on 11/27/17: These matters will not be heard on the courts December 7, 2017 hearing calendar. (Kaminski, H)
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Filing
44
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/9/2017 DISMISSING 23 Motion to Amend the Complaint as moot. Plaintiff shall file any amended complaint after adoption, or not, of the Findings and Recommendations regarding Defendants' Motion to Dismiss. (Donati, J)
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Filing
39
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/6/17 ORDERING It has come to the undersigned's attention that after the conclusion of the October 5, 2017 hearing, plaintiff pursued defendants' counsel into the halls of the cour thouse where he raised his voice to her significantly, threatened her feeling of safety, and ultimately the courtroom deputy felt constrained to accompany defense counsel to an alternate exit for her own safety. This conduct by plaintiff cannot be tolerated in this or any other court. Plaintiff is therefore warned that should such an incident, or anything similar, occur again, the court will impose sanctions on plaintiff that may include dismissal of his lawsuit and/or result in a contempt of court finding. The court expects plaintiff to behave with proper decorum in all further proceedings. (Becknal, R)
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Filing
26
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/7/2017 ORDERING that the Clerk shall note that the Summons addressed to Catherine Woodbridge is VOID; The Clerk of the Court shall serve a copy of this Order on the United States Marshal. (cc: Hand carried to USM) (Washington, S) Modified on 8/7/2017 (Washington, S). Modified on 8/7/2017 (Washington, S).
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Filing
20
ORDER signed by Magistrate Judge Gregory G. Hollows on 07/27/17 ORDERING that the 13 Clerk's Entry of Default is STRICKEN; the 14 Motion for Default Judgment is DISREGARDED AS MOOT and the 08/03/17 hearing is VACATED; Plaintiff, not the U nited States Marshal, must now serve defendants with theAmended Complaint in order to continue with this action; the following documents must be served on each defendant pursuant to FRCP 4(e): a. One summons for each defendant which plaintiff shall complete;b. The Amended Complaint; c. One copy of this court's 3 Order;d. One copy of this Order for each defendant. Plaintiff shall complete the service on all defendants and notify the court that service has been completed within 45 days. (Benson, A)
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Filing
3
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/1/2017 ORDERING that plaintiff's 2 Motion to Proceed IFP is GRANTED. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed to serve within ninety day s of the date of this order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this court's status order, without prepayment of costs. The Clerk of the Court shall send plaintiff one USM-285 form for each defendant, one summons, a copy of the complaint, an appropriate form for consent to trial by a magistrate judge, and this courts status order. Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. (Zignago, K.)
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