Avila v. McMahon et al
| David Anthony Avila |
| M. D. McMahon, John Davis, County of San Joaquin and McDowell and Davis Towing and Auto Repair |
| 2:2018cv00163 |
| January 25, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Allison Claire |
| John A. Mendez |
| 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
93
ORDER signed by District Judge John A. Mendez on 12/21/2020 ADOPTING 90 Findings and Recommendations in full, GRANTING 79 Motion for Summary Judgment, and DENYING as MOOT 83 , 85 Motions. CASE CLOSED.(Huang, H)
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Filing
90
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/16/2020 RECOMMENDING the 79 Motion for Summary Judgment be granted; the 83 Motion for Protective Order and 85 Motion for Extension of Time be denied as moot. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these Findings and Recommendations. (Tupolo, A)
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Filing
78
STIPULATION and ORDER signed by District Judge John A. Mendez on 7/13/2020 CONTINUING discovery and trial related dates as follows: All discovery shall be completed by 9/11/2020; Discovery motions to compel shall be heard no later than 9/4/2020; Expe rt Discovery shall be completed no later than 9/25/2020; All law and motion, except as to discovery, shall be completed no later than 10/2/2020; The final pretrial conference is set before District Court Judge John A. Mendez on 10/16/2020 at 11:00 a.m. Pretrial statements shall be filed in accordance to Local Rules 284 and 282. A jury trial is reset for 1/11/2021 at 9:00 a.m. before District Judge John A. Mendez. (Zignago, K.)
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Filing
76
STIPULATION and ORDER signed by District Judge John A. Mendez on 4/17/2020 ORDERING that all discovery shall be completed by 7/10/2020. Discovery motions to compel shall be heard no later than 6/29/2020. Expert Discovery shall be completed no later t han 7/24/2020. All law and motion, except as to discovery, shall be completed no later than 8/21/2020. The Final Pretrial Conference is set for 9/25/2020 at 10:00 AM and the Jury Trial is set for 11/16/2020 at 09:00 AM, in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)
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Filing
73
ORDER signed by Magistrate Judge Allison Claire on 2/10/2020 ORDERING all discovery shall be completed by 5/8/2020. Discovery motions to compel shall heard no later than 4/30/2020. Expert discovery shall be completed by 5/24/2020. All law and motion , except as to discovery, shall be completed on or before 6/22/2020. Final Pretrial Conference set for 7/31/2020 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial set for 9/14/2020 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Zignago, K.)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 12/02/19 GRANTING 66 Request; the Discovery and Scheduling Order is AMENDED as follows: Rule 26 expert disclosure: 01/10/20; rebuttal expert disclosure: 01/24/20; expert discovery completion: 02/21/20. All other dates remain the same. (Benson, A.)
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Filing
60
ORDER signed by Magistrate Judge Allison Claire on 3/28/2019 ORDERING a Second Amended Complaint that includes only his claims against defendant M.D. McMahon, and which does not rely on or refence any prior complaint shall be filed by 4/26/2019; The parties must submit a joint status report and proposed case schedule within 30 days of the filing of plaintiff's Second Amended Complaint; Failure to file a Second Amended Complaint by 4/26/2019 may result in dismissal of this action. (Washington, S)
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Filing
55
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/9/19 DIRECTING the clerk to re-designate 47 Third Amended Complaint as the Amended Complaint and 49 Motion to Strike as Motion toStrike the Amended Compla int. It is further RECOMMENDED that 48 Motion to Dismiss be Granted; that all claims against the County be Dismissed with prejudice; and that 49 Motion to Strike be Denied as moot. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations. (Coll, A)
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Filing
50
ORDER signed by Magistrate Judge Allison Claire on 12/7/18 CONTINUING the 12/19/18 hearing for 48 Motion to Dismiss and 49 Motion to Strike to 1/9/2019 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file an opposition or statement of non-opposition to each motion by 12/26/18. (Coll, A)
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Filing
46
ORDER signed by Magistrate Judge Allison Claire on 10/1/2018 IT IS HEREBY ORDERED that Plaintiff's 42 motion to amend is DENIED as premature and improperly filed; DENIED as MOOT 43 motion to dismiss and 44 motion to strike and the hearing set for these matters is VACATED; Plaintiff may file an amended complaint, amending claims only as to the County in accordance with the Findings and Recommendations 39 , without filing a motion to amend. The amended complaint is due on or before 10/28/2018. (Reader, L)
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Filing
45
ORDER signed by District Judge John A. Mendez on 9/27/18 ADOPTING in full 39 FINDINGS AND RECOMMENDATIONS and GRANTING 4 Motion to Dismiss. Plaintiff is GRANTED leave to amend limited to claim(s) against the County. (Kastilahn, A)
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Filing
39
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/17/18, RECOMMENDING that the County's 4 motion to dismiss be GRANTED, and that plaintiff be granted leave to amend. Leave to amend should be limited to plaintiff' ;s claim(s) against the County. Matter REFERRED to District Judge John A. Mendez. Within 21 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)
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Filing
33
ORDER signed by Magistrate Judge Allison Claire on 6/19/18 ORDERING the court is in receipt of plaintiff's ex parte request to participate in electronic filing pursuant to Local Rule 133(b)(3). ECF No. 31 . The court has reviewed the filing and, upon finding good cause, GRANTS plaintiff's request. The Clerk of Court is hereby directed to make the necessary arrangements to allow plaintiff to participate in electronic filing for this case. (Becknal, R)
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Filing
27
ORDER signed by Magistrate Judge Allison Claire on 6/6/2018 WITHDRAWING 24 Findings and Recommendations. A hearing on 4 Motion to Dismiss is set for 7/11/2018, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. In accordance with the new hearing date, plaintiff must file his opposition no later than 6/27/2018. (York, M)
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Filing
24
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/11/2018 RECOMMENDING that all claims against the County of San Joaquin be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's order. Referred to District Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations. (York, M)
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Filing
22
ORDER signed by Magistrate Judge Allison Claire on 5/1/18: HEARING as to 4 Motion to Dismiss RESET for 5/23/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file an opposition or a Statement of Non-Opposition to the motion, no later than May 9, 2018. (Kaminski, H)
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Filing
7
ORDER signed by Magistrate Judge Allison Claire on 3/1/2018 GRANTING 5 Motion for Extension of Time to File Answer. Defendant has until March 20, 2018 to file an answer. (Fabillaran, J)
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