(PS) Gifford v. Kampa et al
Roger Gifford |
Peter Kampa, Julie Bowles, Ernest Goff, Hornbrook Community Services District, Duke Martin, Kevin Dixon, Hornbrook Community Bible Church Inc., Melissa Tulledo, Robert Winston, James Soares, Patricia Slote, Robert Puckett, Sr., Clint Dingman and Steven Crittenden |
2:2017cv02421 |
November 16, 2017 |
US District Court for the Eastern District of California |
Sacramento Office |
Siskiyou |
Dennis M Cota |
Kendall J Newman |
Troy L Nunley |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 84 ORDER signed by Magistrate Judge Dennis M. Cota on 10/25/2021 GRANTING #83 Motion for extension of time. Second Amended Complaint due within 60 days of the date of this order. (Reader, L) |
SERVICE BY MAIL: #84 Order on Motion for extension of time, served on Roger Gifford. (Reader, L) |
Filing 83 MOTION for 60-DAY EXTENSION OF TIME to File a Second Amended Complaint by Roger Gifford. (Rodriguez, E) |
Filing 82 ORDER signed by District Judge Troy L. Nunley on 9/22/2021 ADOPTING #71 Findings and Recommendations in full. Defendant Winston's #24 Motion to Dismiss is GRANTED as to Plaintiff's federal claims and Defendant Winston is DISMISSED with prejudice. The HCSD Defendants' #26 Amended Motion to Dismiss is GRANTED as to Plaintiff's federal claims. Plaintiff's federal claims are DISMISSED. Defendant's Motions to Dismiss are DENIED as to Plaintiff's state law claims, without prejudice to renewal upon the filing of a further amended complaint. Defendant Winston's #25 Motion to Strike Plaintiff's state law claims and #39 motion to revoke Plaintiff's in forma pauperis status, declare Plaintiff a vexatious litigant, and require Plaintiff to pose security are DENIED without prejudice to renewal upon the filing of a further amended complaint. Plaintiff's #65 , #66 Motions for Default Judgment are DENIED because Plaintiff has not demonstrated an entitlement to relief on any of his federal claims and the Court has not decided whether to exercise supplemental jurisdiction over Plaintiff's state law claims. Plaintiff shall file a second amended complaint within 30 days of the date of this order.(Zignago, K.) |
SERVICE BY MAIL: #82 Order Adopting Findings and Recommendations served on Roger Gifford. (Zignago, K.) |
Filing 80 ORDER signed by Magistrate Judge Dennis M. Cota on 9/7/2021 GRANTING Plaintiff's motions #72 , #73 , and #74 , for an extension of time to file objections. Plaintiff has filed a "Motion for Reconsideration" of the 3/25/2021, findings and recommendations, #76 , which the Court construes as timely objections thereto. The Clerk is directed to terminate #76 as a pending motion and to re-docket the filing as Plaintiff's objections to the 3/25/2021, findings and recommendations. (Becknal, R) |
SERVICE BY MAIL: #80 Order served on Roger Gifford. (Becknal, R) |
Filing 79 NOTICE of APPEARANCE of COUNSEL adding Christina M. Nugent and Jason Sommer; terminating Gregory Gomez for Robert Winston. Attorney Sommer, Jason J. added. (Sommer, Jason) Modified on 8/12/2021 (Benson, A.). |
Filing 78 ORDER signed by Magistrate Judge Dennis M. Cota on 6/4/2021 ORDERING on the Court's own motion, the hearing re #76 Motion set for 6/16/2021, in Redding, California, at 10:00 a.m., is VACATED. The Court will address Plaintiff's motion by separate order. (Zignago, K.) |
SERVICE BY MAIL: #78 Order served on Roger Gifford. (Zignago, K.) |
Filing 77 OPPOSITION by Julie Bowles, et al., to #76 Motion for Reconsideration. (Matthews, Ryan) |
Filing 81 OBJECTIONS to FINDINGS and RECOMMENDATIONS #71 by Plaintiff Roger Gifford. (Becknal, R) |
Filing 76 [OBJECTIONS to Findings and Recommendations: see #80 Order] MOTION for RECONSIDERATION re #71 F&R's by Roger Gifford. Motion Hearing set for 6/16/2021 at 10:00 AM before Magistrate Judge Dennis M. Cota. (Zignago, K.) Modified on 9/7/2021 (Becknal, R) Modified on 9/11/2021 (Becknal, R). |
Filing 75 OBJECTIONS to #71 Findings and Recommendations by Plaintiff Roger Gifford. (Zignago, K.) |
Filing 74 MOTION for 30-DAY EXTENSION OF TIME to file objections re #71 Findings and Recommendations, by Roger Gifford. (Mena-Sanchez, L) |
Filing 73 MOTION for EXTENSION OF TIME to by Roger Gifford. (Rodriguez, E) |
Filing 72 REQUEST for EXTENSION of TIME by Roger Gifford to file Objections to #71 F&Rs (Attachments: #1 Letter re Request)(Benson, A.) |
Filing 71 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 3/25/21 RECOMMENDING that #24 Defendant Winston's motion to dismiss be granted as to Plaintiff's federal claims and Defendant Winston be dismissed with prejudice. The HCSD Defendants' #26 amended motion to dismiss be granted as to Plaintiff's federal claims. Defendants' motions to dismiss be denied as to Plaintiff's state law claims, without prejudice to renewal upon the filing of a further amended complaint. Defendant Winston's #25 motion to strike Plaintiff's state law claims and #39 motion to revoke Plaintiff's in forma pauperis status, declare Plaintiff a vexatious litigant, and require Plaintiff to post security also be denied without prejudice to renewal upon the filing of a further amended complaint. Plaintiff's #65 , #66 motions for default judgment be denied because Plaintiff has not demonstrated an entitlement to relief on any of his federal claims and the Court has not decided whether to exercise supplemental jurisdiction over Plaintiff's state law claims. Matter REFERRED to District Judge Troy L. Nunley. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court.(Kastilahn, A) |
SERVICE BY MAIL: #71 Findings and Recommendations served on Roger Gifford. (Kastilahn, A) |
Filing 70 RELATED CASE ORDER signed by District Judge Troy L. Nunley on 2/10/2021 RELATING cases 2:17-cv-02421-TLN-DMC and 2:21-cv-00119-JAM-AC. The action denominated 2:21-cv-00119-JAM-AC is REASSIGNED to District Judge Troy L. Nunley and Magistrate Judge Dennis M. Cota for all further proceedings. Any dates currently set in the reassigned case are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be known as 2:21-cv-00119-TLN-DMC. (Zignago, K.) |
SERVICE BY MAIL: #70 Order served on Roger Gifford. (Zignago, K.) |
Filing 69 DECLARATION of Roger Gifford in support of #66 Motion for Default Judgment. (Tupolo, A) |
Filing 68 OBJECTION and REQUEST to STRIKE by Roger Gifford re RESPONSE to #65 Motion for Default Judgment, #66 Motion for Default Judgment. (Kaminski, H) |
Filing 67 OPPOSITION by Kevin Dixon, Patricia Slote to #65 Motion for Default Judgment, #66 Motion for Default Judgment. Attorney Matthews, Ryan James added. (Attachments: #1 Adoption of Motion to Dismiss)(Matthews, Ryan) |
Filing 66 MOTION for DEFAULT JUDGMENT by Roger Gifford. Motion Hearing set for 11/11/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Declaration, #2 Notice re Filing)(Huang, H) |
Filing 65 MOTION for DEFAULT JUDGMENT by Roger Gifford. Motion Hearing set for 11/11/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Declaration)(Huang, H) |
Filing 64 NOTICE OF FILING DOCUMENT by Roger Gifford: Bylaws. (Zignago, K.) |
Filing 63 USM REQUEST for REIMBURSMENT for #62 Summons returned executed. (Benson, A.) |
Filing 62 SUMMONS RETURNED EXECUTED: James Soares served on 1/21/2020. (Benson, A.) |
Filing 61 MINUTES (Text Only) for proceedings before Magistrate Judge Dennis M. Cota: MOTION HEARING held on 9/11/2019. Motion submitted. Defendant Winston's Counsel Lara Moriarty present. Plaintiff failed to appear. (Pine, C) |
SERVICE BY MAIL: 61 Motion Hearing served on Roger Gifford. (Pine, C) |
Filing 60 ORDER signed by Magistrate Judge Dennis M. Cota on 9/10/2019 ORDERING #24 , #25 Motions to Dismiss and #26 Motion for Order requiring plaintiff to post security submitted on the briefs without oral argument. The hearing in this matter set for 9/11/2019, shall be limited to arguments related to #25 Motion to Strike. (Huang, H) Modified on 9/11/2019 (Huang, H). |
SERVICE BY MAIL: #60 Order, served on Roger Gifford. (Huang, H) |
Filing 59 ORDER granting requests for telephonic appearances [Doc. 52 and 54] signed by Magistrate Judge Dennis M. Cota on 9/6/2019. (Pine, C) |
Filing 58 MEMORANDUM by Roger Gifford concerning filing errors of documents. (Kastilahn, A) |
Filing 57 OBJECTIONS by Plaintiff Roger Gifford to replies to oppositions to FRCP 12(b). (Kastilahn, A) |
Filing 56 STIPULATION by Roger Gifford to submit 12(b) Motions and Motion to Revoke of Defendants on the Pleadings. (Kastilahn, A) |
Filing 55 OBJECTIONS by Plaintiff Roger Gifford to reply to opposition to FRCP 12(b) Motion of HCSD defendants. (Kastilahn, A) |
Filing 54 REQUEST FOR TELEPHONIC APPEARANCE at the 9/11/19 Motion hearing by defendants. (Attachments: #1 Proof of Service)(Gomez, Gregory) Modified on 8/7/2019 (Becknal, R). |
Filing 53 ORDER: On the court's own motion, the hearing on defendants' motions (ECF Nos. 24, 25, 26, and 39) currently set for 8/7/2019 is continued to September 11, 2019, at 10:00 a.m. signed by Magistrate Judge Dennis M. Cota on 8/6/2019. (Pine, C) |
Filing 52 REQUEST FOR TELEPHONIC APPEARANCE at the 8/7/19 #26 Motion hearing by defendants. (Matthews, Ryan) Modified on 8/7/2019 (Becknal, R). |
MINUTES (Text Only): Motion Hearing set for 9/11/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Pine, C) |
SERVICE BY MAIL: #53 Order, Set/Reset Deadlines and Hearings served on Roger Gifford. (Pine, C) |
Filing 51 REPLY by Julie Bowles, et al., re #42 Opposition to Motion. (Attachments: #1 Declaration Ryan J. Matthews, #2 Declaration Michele Hanson)(Matthews, Ryan) Modified on 8/1/2019 (Benson, A.). |
Filing 50 REPLY by Robert Winston re #47 Opposition to Motion. (Attachments: #1 Objections, #2 Proof of Service)(Gomez, Gregory) Modified on 8/1/2019 (Benson, A.). |
Filing 49 REPLY by Robert Winston re #44 Opposition to Motion. (Attachments: #1 Objections, #2 Proof of Service)(Gomez, Gregory) Modified on 8/1/2019 (Benson, A.). |
Filing 48 REPLY by Robert Winston re #45 Opposition to Motion. (Attachments: #1 Proof of Service)(Gomez, Gregory) |
Filing 47 OPPOSITION by Roger Gifford to #39 Motion to Revoke. (Attachments: #1 Declaration of Roger Gifford)(Reader, L) |
Filing 46 OBJECTIONS by Plaintiff Roger Gifford to Declaration of Robert Winston re #39 Motion to Revoke. (Reader, L) |
Filing 45 OPPOSITION by Roger Gifford to #24 Motion to Dismiss. (Reader, L) |
Filing 44 OPPOSITION by Roger Gifford to #25 Motion to Strike. (Attachments: #1 Declaration of Roger Gifford)(Reader, L) |
Filing 43 OBJECTIONS by Plaintiff Roger Gifford of #25 Declaration of Robert Winston. (Reader, L) |
Filing 42 OPPOSITION by Roger Gifford to #26 Amended Motion to Dismiss. (Attachments: #1 Declaration of Kimberly R. Olson, #2 Declaration of Sharrel M. Barnes)(Reader, L) |
Filing 41 ORDER signed by Magistrate Judge Dennis M. Cota on 6/13/19 CONTINUING the 7/10/19 hearing on #24 #25 #26 Motions to 8/7/19 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Coll, A) |
SERVICE BY MAIL: #41 Order served on Roger Gifford. (Coll, A) |
Filing 40 PROOF OF SERVICE #39 Motion to Revoke IFP Status. (Gomez, Gregory) Modified on 6/13/2019 (Kastilahn, A). |
Filing 39 MOTION to REVOKE #2 Motion to Proceed In Forma Pauperis by Robert Winston. Motion Hearing set for 8/7/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Winston, #3 Declaration of Gomez, #4 Request for Judicial Notice, #5 Exhibit 1 to 3, #6 Exhibit 4 to 8, #7 Exhibit 9 to 17, #8 Exhibit 18 to 28, #9 Exhibit 29 to 55, #10 Exhibit 56 to 59)(Gomez, Gregory) Modified on 6/13/2019 (Kastilahn, A). |
Filing 38 ORDER signed by Magistrate Judge Dennis M. Cota on 06/05/19 GRANTING IN PART #35 , #37 Motions for Extension of Time, construed as Requests for Continuance of the 06/12/19 motions hearing date. The hearing on the #24 Motion to Dismiss, #25 Motion to Strike and the #26 Amended Motion to Dismiss is RESET to 7/10/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. Plaintiff's oppositions are due within the time provided by Local Rule230(c). (Benson, A.) |
SERVICE BY MAIL: #38 Order served on Roger Gifford. (Benson, A.) |
Filing 37 MOTION for 60-DAY EXTENSION OF TIME to Reply to re #24 Motion to Dismiss, #25 Motion to Strike and #26 Amended Motion to Dismiss by Roger Gifford. (Washington, S) |
Filing 36 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 5/28/2019: The Court has reviewed Plaintiff's Notice of Related Case (ECF No. #21 ). The Court finds relating the cases is not appropriate under Local Rule 123 and therefore DECLINES to relate the proposed cases. (TEXT ONLY ENTRY) (Krueger, M) |
SERVICE BY MAIL: 36 Minute Order served on Roger Gifford. (Krueger, M) |
Filing 35 MOTION for 60-DAY EXTENSION OF TIME to respond to Defendants' Motions, by Roger Gifford. (Kastilahn, A) |
Filing 34 CLERK'S ENTRY OF DEFAULT as to *James Soares* (Coll, A) |
Filing 33 CLERK'S ENTRY OF DEFAULT as to *Hornbrook Community Bible Church Inc. * (Coll, A) |
Filing 32 CLERK'S ENTRY OF DEFAULT as to *Duke Martin* (Coll, A) |
Filing 31 CLERK'S ENTRY OF DEFAULT as to *Steven Crittenden* (Coll, A) |
Filing 30 CLERK'S ENTRY OF DEFAULT as to *Patricia Slote * (Coll, A) |
Filing 29 CLERK'S ENTRY OF DEFAULT as to *Kevin Dixon* (Coll, A) |
Filing 28 ORDER signed by Magistrate Judge Dennis M. Cota on 5/23/2019 VACATING the scheduling conference set for 6/26/2019, pending resolution of #24 , #25 , and #26 Motions. (York, M) |
SERVICE BY MAIL: #29 , #30 , #31 , #32 , #33 , and #34 Clerk's Entry of Default served on Roger Gifford. (Coll, A) |
SERVICE BY MAIL: #28 Order, served on Roger Gifford. (York, M) |
Filing 27 REQUEST FOR ENTRY OF DEFAULT as to Kevin Dixon, Patricia Slote, Steven Crittenden, Duke Martin, Hornbrook Community Bible Church, James Soares by Roger Gifford. (Coll, A) Modified on 5/23/2019 (Coll, A). |
Filing 26 AMENDED #22 MOTION to DISMISS by Defendants. Motion Hearing SET for 6/12/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Matthews, Ryan) Modified on 5/8/2019 (Mena-Sanchez, L). |
Filing 25 MOTION to STRIKE by Robert Winston. Motion Hearing SET for 6/12/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Points and Authorities, #2 Declaration, #3 Proof of Service)(Gomez, Gregory) Modified on 5/8/2019 (Mena-Sanchez, L). |
Filing 24 MOTION to DISMISS by Robert Winston. Attorney Gomez, Gregory G. added. Motion Hearing SET for 6/12/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Points and Authorities, #2 Request for Judicial Notice, #3 Exhibits A-I, #4 Exhibits J-V, #5 Proof of Service)(Gomez, Gregory) Modified on 5/30/2019 (Mena-Sanchez, L). |
Filing 23 MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy J. Fabillaran for District Judge, Troy L. Nunley: Pursuant to Local Rule 302(c), Defendants' Motion to Dismiss (ECF No. #22 ) is to be renoticed according to Local Rule 230(a) before the assigned Magistrate Judge. Accordingly, the 6/13/2019 hearing date is VACATED. (Fabillaran, J) |
SERVICE BY MAIL: 23 Minute Order served on Roger Gifford. (Fabillaran, J) |
Filing 22 MOTION to DISMISS by Julie Bowles, et al., Attorney Matthews, Ryan James added. Motion Hearing set for 6/13/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Matthews, Ryan) |
Filing 21 NOTICE of RELATED CASE 2:19-cv-00031-KJM-AC (PS) by Peter T. Harrell. (York, M) |
Filing 20 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Robert Winston on 3/7/2019. (York, M) |
Filing 19 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Melissa Tulledo on 4/5/2019. (Reader, L) |
Filing 18 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to James Soares on 3/28/2019. (Reader, L) |
Filing 17 FIRST AMENDED COMPLAINT against all Defendants by Roger Gifford. (Huang, H) |
Filing 16 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Steven Crittenden on 3/23/2019; Hornbrook Community Bible Church Inc. on 3/23/2019; Hornbrook Community Services District on 3/20/2019; Peter Kampa on 3/22/2019; Duke Martin on 3/27/2019; Robert Puckett, Sr. on 3/20/2019.(Reader, L) |
Filing 15 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Clint Dingman on 3/7/2019. (Coll, A) |
Filing 13 ORDER signed by Magistrate Judge Dennis M. Cota on 3/26/2019 DENYING #9 Plaintiff's Motion for leave to amend. (Reader, L) |
SERVICE BY MAIL: #13 Order, served on Roger Gifford. (Reader, L) |
Filing 14 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Julie Bowles, Ernest Goff, and Patricia Slote on 3/7/2019. (Coll, A) |
Filing 12 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Kevin Dixon on 3/7/2019. (Zignago, K.) |
Filing 11 NOTICE OF SUBMITTING SERVICE DOCUMENTS to the U.S. Marshal by Roger Gifford pursuant to order of the court. (Zignago, K.) |
Filing 10 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Roger Gifford. (Benson, A.) |
Filing 9 MOTION for 45-DAY EXTENSION OF TIME to respond to orders, MOTION to AMEND the Complaint by Roger Gifford. (Reader, L) |
Filing 8 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/26/2019 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Consent Form) (Washington, S) |
Filing 7 SUMMONS ISSUED as to *Julie Bowles, Steven Crittenden, Clint Dingman, Kevin Dixon, Ernest Goff, Hornbrook Community Bible Church Inc., Hornbrook Community Services District, Peter Kampa, Duke Martin, Robert Puckett, Sr, Patricia Slote, James Soares, Melissa Tulledo, Robert Winston* with answer to complaint due within *21* days. Attorney *Roger Gifford* *15226 Hornbrook Rd.* *Hornbrook, CA 96044*. (Washington, S) |
SERVICE BY MAIL: #7 Summons, #8 Civil New Case Documents for TLN served on Roger Gifford. (Washington, S) |
Filing 6 ORDER signed by Magistrate Judge Dennis M. Cota on 2/11/2019 DIRECTING the clerk to issue process. Within 15 days from the date of this order, plaintiff shall complete the summons by indicating the addresses of the named defendants and shall submit to the United States Marshal the required documents. Within 20 days of the date of this order, plaintiff shall file a notice indicating that the documents described above have been submitted to the United States Marshal, or a notice that plaintiff intends to serve the summons and complaint without assistance from the United States Marshal. The United States Marshal is DIRECTED to serve all process without prepayment of costs not later than (60) days from the date of this order. (cc: USM) (Washington, S) |
SERVICE BY MAIL: #6 Order, #1 Complaint, 14 USM-285 forms served on Roger Gifford. (Washington, S) |
Filing 5 ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Dennis M. Cota* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Craig M. Kellison* to Magistrate Judge Dennis M. Cota for all further proceedings. (Donati, J) |
SERVICE BY MAIL: #5 Order Reassigning Newly Appointed Magistrate Judge, served on Roger Gifford. (Donati, J) |
Filing 4 ORDER signed by Magistrate Judge Craig M. Kellison on 03/13/18 GRANTING #2 Motion to Proceed IFP. (Plummer, M) |
SERVICE BY MAIL: #4 Order on Motion to Proceed in forma pauperis served on Roger Gifford. (Plummer, M) |
Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 11/20/17 ORDERING thatthe Clerk of Court shall REASSIGN the action to Magistrate Judge Craig M. Kellison in the Redding division of this district for purposes of all appropriate pre-trial proceedings and other magistrate judge duties, and shall appropriately re-designate the case; The action shall remain assigned to Judge Troy L. Nunley as district judge for all other purposes.(Becknal, R) |
SERVICE BY MAIL: #3 Order served on Roger Gifford. (Becknal, R) |
APPLICATION TO PROCEED IFP filed - Action Required. (Fabillaran, J) |
Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Roger Gifford. (Fabillaran, J) |
Filing 1 COMPLAINT against All Defendants by Roger Gifford. (Attachment: #1 Civil Cover Sheet) (Fabillaran, J) |
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