Lepp et al v. Yuba County et al
| Heidi Lepp and Yubud Church |
| Yuba County, Jeremy Strange, Chris Monaco, Yuba County Sheriff's Department, Marilyn Patel, William Allsup, Jerry Brown, Kamala Harris, Attorney General for the State of California, League of Cities, California Cannabis Industry Association, Xavier Becerra, Fiona Ma, Lori Ajax, California Growers Association, Hezekiah Allen, Shelby Lucero, Jacqueline McGowan, Zack Helminiak, Ravi Tumber, Trident, Brandon Olivera, Michael Vroman, David Reed, David Rosenberg, The State of California, Bill Clinton, Hillary Clinton and Barack Obama |
| 2:2017cv01317 |
| June 27, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Yuba |
| Edmund F. Brennan |
| Garland E. Burrell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
149
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/21/2020 ADOPTING 148 Findings and Recommendations. The second amended complaint's claims against defendants Reisig and Net-5, the only remaining defendants, are DISMISSED for failure to timely effect service of process and for lack of prosecution. The Clerk is directed to close the case. CASE CLOSED. (Zignago, K.)
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Filing
148
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/14/2020 RECOMMENDING that the second amended complaint's claims against defendants Reisig and Net-5, the only remaining defendants, be dismissed for failure to t imely effect services of process and for lack of prosecution; and the Clerk be directed to close the case. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
141
ORDER signed by District Judge Kimberly J. Mueller on 3/29/2019 ADOPTING 136 Findings and Recommendations. Plaintiffs' 109 motion under Rule 60(d)(3) is DENIED. Defendants Michael Vroman and Yolo County Sheriff's Department 111 motio n to strike plaintiffs' supplemental complaint is GRANTED. Defendant Brandon Olivera's 68 motion to strike is DENIED as to that component of the motion only. Defendants' 68 , 69 , 70 , 75 , 95 , 98 motions to dismiss are GRA NTED as detailed in the magistrate judge's findings and recommendations. DefendantsBrandon Olivera, Lori Ajax, Chris Monaco, Brandon Spears, Jeremy Strange, JohnVacek, Yuba County, Yuba County Sheriff's Department, Michael Vroman, YoloCount y Sheriff's Department, Rick DiBasilio and Calaveras County Sheriff'sDepartment are DISMISSED from this case. Defendant Net-5's 128 motion to set aside default is GRANTED and the Clerk is instructed to SET ASIDE its default. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
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Filing
136
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/11/2019 ORDERING Plaintiff to SHOW CAUSE in writing, within 14 days of this order, why their claims against defendant Reisig should not be dismissed for failure to effect service of process and/or failure to prosecute their claims. 118 Order to Show Cause is DISCHARGED and no sanctions are imposed. Further, it is RECOMMENDED that 109 Motion to Vacate be denied, that 111 Motion to Strike be grante d, 68 , 69 , 70 , 75 , 95 , and 98 Motions to Strike/Dismiss be granted, and 128 Motion to Set Aside Default be granted. Referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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Filing
118
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 9/17/2018 ORDERING the hearing on defendants 111 Motion to Strike is CONTINUED to 10/24/2018 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiffs shall SHOW CAUSE, in writing, no later than 10/10/2018, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to defendant's motion. Plaintiffs shall file an opposition to the motion, or a statement of non-opposition thereto, no later than 10/10/2018. Defendants may file a reply to plaintiffs' opposition, if any, on or before 10/17/2018. (Zignago, K.)
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Filing
104
ORDER signed by District Judge Kimberly J. Mueller on 7/18/2018 ADOPTING 83 Findings and Recommendations consistent with the above modifications and clarifications and DENYING 81 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. This case is REFERRED back to the assigned magistrate judge for further pretrial proceedings. (York, M)
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Filing
83
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/21/18 ORDERING that the 6/13/18 hearing on the Motion is VACATED. Recommending that Lepp's Exparte Application 81 be denied. These Findings and Recommendation 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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Filing
60
ORDER signed by District Judge Kimberly J. Mueller on 3/27/18 ADOPTING 56 FINDINGS AND RECOMMENDATIONS: 21 Motion to Set Aside is granted and the clerk's entry of default as to Monaco is set aside; 23 Motion to Dismiss is deni ed; 24 Motion to Dismiss is granted; 26 Motions to Dismiss and to Strike are granted; 34 Motion to Strike is granted; 44 Motion to Amend the Complaint is denied as moot; 11 Motion for injunctive relief is denied; 12 Motion for TRO is denied. Plaintiff is granted thirty days from the date of this order to file an amended complaint. (Kaminski, H)
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Filing
56
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/8/2018 ORDERING that the 33 order to show cause is DISCHARGED and no sanctions are imposed. IT IS HEREBY RECOMMENDED that Defendants Strang and the County of Yuba's 23 motion to dismiss be denied. Defendants Vroman and Olivera's 26 , 34 motions to dismiss and strike all plaintiffs other than Ms. Lepp be granted. Defendants Ajax, Vroman, and Olivera's 24 , 26 , 34 motions to dismi ss the complaint for failure to state a claim be granted and the amended complaint be dismissed with leave to amend. Plaintiff Lepp's 11 , 12 motions for injunctive relief be denied. Plaintiff Lepp's 44 motion to amend the complaint be denied as moot. Defendant Chris Monaco's 21 motion to set aside default be granted and the clerk's entry of default as to Monaco be set aside. Plaintiff be granted thirty days from the date of any order adopting these findings and recommendations to file an amended complaint. Motions referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
41
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/17 ORDERING that Plaintiff's Request for an Extension of time to respond to Defendants' Motions 35 is GRANTED. The hearing of defendants Yuba County, Strang, Ajax, and Vroman an d Olivera's MOTIONS to DISMISS and/or STRIKE 23 , 24 , 26 , 34 and Plaintiffs' MOTIONS for Injunctive relief 11 , 12 is CONTIINUED to 1/10/2018 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiffs shall show cause, in writing, no later than 12/20/2017, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to Defendants Yuba County, Strang, Ajax, and Vroman's MOTIONS. Plaintiffs shall file an opposition to the pending motions, or a statement of nonopposition thereto, no later than 12/20/17. Defendants may file a reply to Plaintiffs' opposition, if any, on or before 1/3/18. (Mena-Sanchez, L)
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Filing
33
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 09/28/17 ORDERING that the hearing on the following motions is RESET to 11/22/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan: Motions for Injunctive Relief, 11 and 12 21 Motion to Set Aside Default, 23 Amended Motion to Dismiss, 24 Motion to Dismiss, 26 Motion to Dismiss; Motion to Strike. Plaintiffs shall SHOW CAUSE in writing why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Plaintiffs shall file an opposition to the motions, or a statement of non-opposition thereto, by 11/08/17. Failure to file an opposition to the motion w ill be deemed a statement of non-opposition thereto, and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules. Defendants may file a reply to plaintiffs' oppositions, if any, by 11/15/17. (Benson, A.) Modified on 9/29/2017 (Cannarozzi, N).
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Filing
18
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/8/17 ORDERING that plaintiff's request for an order directing the marshal to complete service of process (ECF No. 14 ) is DENIED. (Kastilahn, A)
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