Dahlin et al v. Frieborn et al
| James Dahlin, Kimberly Dahlin, Toby Tippets, Martina Tippets, S. T. and T. T. |
| Rosemary Frieborn, Curt Ransom, Marilyn Jasper, Cassie Reeves, Katie Newman, Sherry Couzens, Humane Society of the Sierra Foothills, Friends of Placer County Animal Shelter, Friends of Auburn/Tahoe Vista Placer County Animal Shelter, Friends of Auburn/Tahoe Vista Placer County Animal Shelter, Inc., City of Auburn, Auburn Police Department, Debbie Nelson, Phillip Isetta, Jon May, Jennifer Solomon, Michael Crosson and Edward J. Fritz |
| 2:2017cv02585 |
| December 9, 2017 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| Morrison C. England |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
264
ORDER signed by District Judge Dena M. Coggins on 8/28/2025 GRANTING 241 Motion for terminating sanctions; DISMISSING this action; DENYING 254 , 259 Motions as moot. CASE CLOSED. (Deputy Clerk KEZ)
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Filing
240
ORDER signed by District Judge Dena M. Coggins on 1/23/2025 DENYING 214 motion for reconsideration and 215 motion for a protective order; GRANTING 211 motion for an award of attorneys' fees, AWARDING defendant Frieborn $3,504.50; GR ANTING IN PART 212 , 217 motion for an award of attorneys' fees and costs, AWARDING defendant Frieborn and Ransom $5,083.19; GRANTING IN PART 213 motion for an award of attorneys' fees and costs, AWARDING defendant Sheriff $ ;8,230.60; Plaintiffs and their counsel shall pay the amounts within 45 days; DENYING 225 motion for terminating sanctions. Within 7 days, Plaintiffs shall serve further responses to Defendant Frieborn's First Set of Requests for Production of Documents. Within 5 days, Plaintiffs' counsel shall provide defense counsel with all dates that are within thirty (30) days from the date of entry of this order, in which Plaintiffs' counsel and both Plaintiffs James Dahlin and Kimberly Dahlin are available to sit for further depositions. Within 7 days, the parties shall either confirm that the previously agreed-upon discovery referee is available to preside over the additional depositions of Plaintiffs, or appoint a different mutu ally agreed upon discovery referee. In light of this order, the court MODIFIES the scheduling order as follows: Fact discovery shall be completed by 3/21/2025; Expert witness disclosures shall be completed by 4/21/2025; Rebuttal expert witness disclosures shall be completed by 5/21/2025; Expert discovery shall be completed by 6/20/2025; Motions shall be filed no later than 8/19/2025. (Deputy Clerk KEZ)
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Filing
209
ORDER signed by Senior District Judge Morrison C. England, Jr on 09/30/24 SUSTAINING 187 -89 Objections & 186 Pretrial Order; GRANTING 181 Motion to Compel; GRANTING 192 Motion to Compel; and SANCTIONING Plaintiff's counsel Stratton Scott Barbee of the Law Office of Stratton S. Barbee in the amount of $1500 and DIRECTING Mr.Barbee to pay those sanctions to the Clerk of the Court no later than 5 days following the date that this Order is electronically filed; DISCHARGING [19 1] and 194 Orders to Show Cause; STRIKING 184 Plaintiffs' Supplemental Response to the Fourth Amended Responses as not properly filed and STRIKING and 200 Plaintiff' Declarations as untimely; DENYING 202 Motion for Summary Judgment, without prejudice as premature; STRIKING 207 Joint Statement re: Discovery Disagreement as not authorized by the Court, not signed by all counsel, and containing and incomplete proof of service. (Licea Chavez, V)
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Filing
194
ORDER to SHOW CAUSE signed by Senior District Judge Morrison C. England, Jr on 05/13/24 DIRECTING Plaintiffs to show cause in writing, within 10 days following the date that this order is electronically filed, why this case should not be dismissed f or failure to prosecute and/or to follow the applicable rules and orders of this Court. Sherry Couzens, Michael Crosson, Friends of Auburn/Tahoe Vista Placer County Animal Shelter, Friends of Auburn/Tahoe Vista Placer County Animal Shelter, Inc., Friends of Placer County Animal Shelter, Edward J. Fritz, Humane Society of the Sierra Foothills, Marilyn Jasper, Shana Laursen, Katie Newman, Cassie Reeves, Auburn Police Department and City of Auburn terminated.(Licea Chavez, V)
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Filing
191
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 4/18/2024 DIRECTING the plaintiffs to SHOW CAUSE by 5/2/24 why they failed to participate in the joint statement. (Woodson, A)
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Filing
180
ORDER signed by Senior Judge Morrison C. England, Jr. on 2/13/2024: The Motions for Summary Judgment, ECF Nos. 173 and 176 , are DENIED without prejudice; Absent leave of the Court, all issues the parties wish to resolve on summary judgment must be raised together in one (1) consolidated motion or cross-motion; The Stipulations for Re-Setting Deadlines, ECF No. 178 and 179 , are DENIED as moot; and a scheduling order will issue forthwith. (Deutsch, S)
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Filing
161
ORDER signed by Senior Judge Morrison C. England, Jr., on 10/15/22 GRANTING IN PART AND DENYING IN PART 151 City Defendant's Motion to Dismiss and GRANTING IN PART AND DENYING IN PART 152 Non-Municipal Defendants' Partial Motion t o Dismiss. Plaintiffs' Sixth Cause of Action is DISMISSED without leave to amend as to City Defendants and Ransom, but shall proceed against Frieborn. Plaintiffs' Seventh Cause of Action is DISMISSED without leave to amend. Otherwise, Defendants' Motions to Dismiss the remaining causes of action are DENIED. This case shall proceed on the remaining claims. (Kastilahn, A)
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Filing
148
ORDER signed by Senior Judge Morrison C. England, Jr., on 3/17/22 ORDERING that 146 the Third Amended Complaint is STRICKEN and GRANTING the parties' stipulation. Not later than 10 days from the date this order is electronically filed, Plaintiffs may refile their Third Amended Complaint. No further extensions will be granted. (Kastilahn, A)
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Filing
130
ORDER signed by Senior Judge Morrison C. England, Jr. on 1/19/21 GRANTING IN PART 126 Motion for Disallowance of Costs. The Court orders that the Clerk of the Court: (1) tax costs against Plaintiffs in the amount of $1576. (Zignago, K.)
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Filing
123
MEMORANDUM AND ORDER signed by Senior Judge Morrison C. England, Jr., on 4/28/2020 GRANTING without leave to amend 106 , 107 , 108 Motions to Dismiss. The Clerk is directed to enter judgment in favor of Defendants. CASE CLOSED (Kastilahn, A)
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Filing
110
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/6/20 ORDERING that the deadline for all Defendants to file their answer or other response to Plaintiffs' SAC is extended to December 31, 2019. (Kaminski, H)
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Filing
102
ORDER signed by District Judge Morrison C. England, Jr. on 10/28/2019 EXTENDING the time by which Plaintiffs must file their Second Amended Complaint to 11/25/2019. (Huang, H)
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Filing
99
ORDER signed by District Judge Morrison C. England, Jr. on 09/30/19 GRANTING City Defendants' 80 Motion to Dismiss with LEAVE to AMEND; GRANTING the Non-Municipal Defendants' 81 Motion to Dismiss with LEAVE to AMEND; GRANTING Dr. Sher iff's 86 Motion to Dismiss Plaintiffs' Third Cause of Action with LEAVE to AMEND. Dr. Sheriff's 86 Motion to Dismiss Plaintiffs' remaining Causes of Action is GRANTED without leave to amend. As to the causes of action wher e the Court grants leave to amend, Plaintiffs may, but are not required to, file an amended complaint within 20 days. If no amended complaint is filed within said 20 days, Plaintiffs' claims will be dismissed without leave to amend upon no further notice to the parties. (Benson, A.)
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Filing
94
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/9/2019 EXTENDING Time to 1/10/2019, for Plaintiffs to file their response to Defendants' First Motion to Dismiss. (York, M)
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Filing
93
ORDER signed by District Judge Morrison C. England, Jr. on 1/9/2019 GRANTING 88 Stipulation and EXTENDING Time to 1/10/2019, for Plaintiffs to file their response to Defendants' Motion to Dismiss. (York, M)
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Filing
79
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/19/18 GRANTING all Defendants until 11/26/18 to file their response to 71 First Amended Complaint. (Coll, A)
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Filing
75
ORDER signed by District Judge Morrison C. England, Jr. on 11/13/2018 GRANTING 74 Application for Leave to File Memorandum in Support of Motion to Dismiss in Excess of Court's Page Limit. The page limit for the Non-Municipal Defendants' memorandum of points andauthorities in support of their motion to dismiss Plaintiffs' First AmendedComplaint is EXTENDED to thirty (30) pages (exclusive of exhibits and any other supporting documentation). (Zignago, K.)
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Filing
68
ORDER signed by District Judge Morrison C. England, Jr on 9/27/18 GRANTING the Parties' Joint Stipulation to allow Plaintiffs to file First Amended Complaint; Plaintiffs shall file their first amended complaint on or before October 17, 2018 and, Defendants shall not be required to answer, move to dismiss, or otherwise respond to the first amended complaint until November 16, 2018.(Becknal, R)
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Filing
59
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 7/19/18. Plaintiffs shall have an Extension of time up to and including 9/17/2018, to file an amended complaint. (Mena-Sanchez, L)
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Filing
44
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 4/2/2018 ORDERING plaintiffs shall have thirty (30) days from the date on which an order addressing counsel Douglas Thorn's motion to be relieved as counsel is electro nically filed to file an amended complaint. Defendants shall have twenty-one (21) days from the date on which Plaintiffs file their amended complaint to respond to the amended complaint. If Plaintiffs do not file an amended complaint, Defendants sha ll have 21 days from Defendants deadline to respond to the complaint on file. Not later than fourteen (14) days after Defendants file their response, the parties shall participate in good faith in the discovery conference and will serve all disclosures required under Rule 26 not later than 30 days after the conference. (Zignago, K.)
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Filing
37
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 3/14/2018 VACATING without prejudice 29 Motion to Dismiss; Plaintiff to file an Amended Complaint by 4/30/2018; Non-Municipal Defendants response due within 21 days after the filing of the Amended Complaint or if the Court issues a ruling on Plaintiffs' Motion for Disqualification, if such a motion is filed, whichever is later. (Fabillaran, J)
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Filing
33
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 2/15/2018 ORDERING that Plaintiffs shall have through and including 3/9/2018 to file an amendment to their Complaint and to substitute the real parties in place of Doe 126 and Doe 127. The time for City of Auburn, Auburn Police Department, Phillip Isetta, Debby Nelson, Jon May, and Jennifer Solomon to respond to Plaintiffs' Complaint and the amendments to be filed to the Complaint shall be EXTENDED to not later than 21 days after the amendments to the Complaint are filed with the Court. (York, M)
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