(PS) Schmitz et al v. Asman et al
Dianne Mallia and Thomas Schmitz |
Sujatha Ramkumar, Rainbow Brockenborough, Adam Asman, T. Campbell, Erik Bradley, Scott A. Heatley, Joe A. Lizarraga, Violka Waine, Christopher Smith, Marianna Kate Ashe, Michael Golding, Laura Ceballos, David Brunkhorst, Jevon Johnson, Alex Andaluz, Robert Johnson, Jack Aamot, Eric Branman, Michael Smith, James Burns, Rebecca Robinson, Ketherine Tebrock, Connie Gibson, Stephen Denigris, Ralph Diaz, Angela Ponciano, David Leidner, Robert Rudas, Diana Toche, Jacob Adams, Brittany Brizendine, John Rekart, Scott Kernan, Kevin Kuich and California Department of Corrections and Rehabilitation |
2:2020cv00195 |
January 27, 2020 |
US District Court for the Eastern District of California |
Carolyn K Delaney |
John A Mendez |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 198 OPPOSITION to #196 Motion to Show Cause by Plaintiff Thomas Schmitz. (Licea Chavez, V) |
Filing 197 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/19/2022 DENYING #196 Ex Parte Application. No response from Plaintiffs is required. Findings and recommendations on the pending Motions to Dismiss and Motion to Strike will issue in due course. (Mena-Sanchez, L) |
SERVICE BY MAIL: #197 Order, served on Dianne Mallia, Thomas Schmitz. (Mena-Sanchez, L) |
Filing 196 MOTION for ORDER to SHOW CAUSE by Kevin Kuich, Joe A. Lizarraga. (Attachments: #1 Notice of Motion, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Terhorst, Michael) Modified on 4/18/2022 (Kaminski, H). |
Filing 195 CERTIFICATE of SERVICE by Thomas Schmitz re #194 Memorandum in Support of Motion to strike. (Reader, L) |
Filing 194 REPLY MEMORANDUM by Dianne Mallia, Thomas Schmitz in SUPPORT of #182 Motion to Strike. (Mena-Sanchez, L) |
Filing 193 CERTIFICATE of SERVICE by Dianne Mallia, Thomas Schmitz re #185 Opposition to Motion. (Benson, A.) |
Filing 192 REPLY by Stephen Denigris re #185 Opposition to Motion. (Raven, Vanessa) |
Filing 191 REQUEST for JUDICIAL NOTICE by Jacob Adams, et al. re #190 Reply. (Zhurnalova-Juppunov, Maria) Modified on 2/24/2022 (Benson, A.). |
Filing 190 REPLY by Jacob Adams, et al., re #179 Motion to Dismiss,. (Attachments: #1 Declaration Maria Zhurnalova-Juppunov)(Zhurnalova-Juppunov, Maria) Modified on 2/24/2022 (Benson, A.). |
Filing 189 OPPOSITION by Kevin Kuich, Joe A. Lizarraga to #182 Motion to Strike. (Terhorst, Michael) |
Filing 188 NOTICE of CHANGE of FIRM NAME by Counsel for Defendants Jacob Adams, et al., (Zhurnalova-Juppunov, Maria) Modified on 2/24/2022 (Benson, A.). |
Filing 187 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Maria Zhurnalova-Juppunov and Ashlee Nicole Thomas for Jacob Adams, Alex Andaluz, Marianna Kate Ashe, Adam Asman, Eric Branman, Brittany Brizendine, Rainbow Brockenborough, CDCR, Laura Ceballos, Scott A. Heatley, Jevon Johnson, Robert Johnson, David Leidner, Angela Ponciano, Sujatha Ramkumar, John Rekart, Rebecca Robinson, Robert Rudas, Christopher Smith, Michael Smith, Ketherine Tebrock, Diana Toche, Violka Waine. Attorney William L. McCaslin terminated (Zhurnalova-Juppunov, Maria) Modified on 2/24/2022 (Benson, A.). |
Filing 186 MINUTE ORDER issued by Judicial Asst. D. Eichhorn for Magistrate Judge Carolyn K. Delaney on 02/18/2022: (Text Only Entry) On the court's own motion, and pursuant to Local Rule 230(g), the following currently pending motions are taken under submission without oral argument: 1. The hearing on defendants' motions to dismiss (ECF Nos. 179 & 181) currently calendared for 3/2/2022 is VACATED. The moving defendants' optional reply briefs remain due no later than 2/23/2022, in accordance with the originally noticed hearing date. 2. The hearing on plaintiffs' motion to strike (ECF No. 182) currently calendared for 3/9/2022 is VACATED. In accordance with the originally noticed hearing date, the opposition brief from defendants Kuich and Lizarraga remains due no later than 2/23/2022, and plaintiffs' optional reply brief remains due no later than 3/2/2022.(Eichhorn, D) |
SERVICE BY MAIL: 186 Minute Order served on Dianne Mallia, Thomas Schmitz. (Benson, A.) |
Filing 185 OPPOSITION by Dianne Mallia, Thomas Schmitz to #181 Motion to Dismiss. (Kaminski, H) |
Filing 184 OPPOSITION by Dianne Mallia, Thomas Schmitz to #179 Motion to Dismiss. (Kaminski, H) |
Filing 183 CERTIFICATE of SERVICE by Thomas Schmitz re #182 MOTION to STRIKE (Kaminski, H) |
Filing 182 MOTION to STRIKE #178 Answer to Complaint by Dianne Mallia, Thomas Schmitz. Motion Hearing set for 3/9/2022 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Notice of Motion)(Kaminski, H) |
Filing 181 MOTION to DISMISS by Stephen Denigris. Motion Hearing set for 3/2/2022 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Proof of Service)(Raven, Vanessa) Modified on 1/24/2022 (Kastilahn, A). |
Filing 180 CERTIFICATE of SERVICE by Kevin Kuich, Joe A. Lizarraga re #178 Answer to Complaint. (Terhorst, Michael) |
Filing 179 MOTION to DISMISS by Jacob Adams, Alex Andaluz, et al.. Motion Hearing set for 3/2/2022 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Declaration, #2 Points and Authorities, #3 Request for Judicial Notice)(Hirsig, Peter) Modified on 1/24/2022 (Kastilahn, A). |
Filing 178 ANSWER with Jury Demand by Kevin Kuich, Joe A. Lizarraga.(Terhorst, Michael) |
Filing 177 ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Erik Bradley. (Nygaard, Jennifer) |
Filing 176 CERTIFICATE of SERVICE by Thomas Schmitz re #173 4TH Amended Complaint. (Rodriguez, E) |
Filing 175 MINUTE ORDER issued by Judicial Assistant D. Eichhorn to Magistrate Judge Carolyn Delaney: The court APPROVES the parties' stipulation filed December 22, 2021 [ECF No. 174]. As stipulated, all responses to the Fourth Amended Complaint are due no later than January 21, 2022. (Text Only Entry)(Eichhorn, D) |
SERVICE BY MAIL: 175 Minute Order, served on Dianne Mallia, Thomas Schmitz. (Plummer, M) |
Filing 174 STIPULATION and PROPOSED ORDER for Extending Time for Defendants to Respond to Fourth Amended Complaint by Erik Bradley. (Nygaard, Jennifer) |
Filing 172 ORDER signed by District Judge John A. Mendez on 12/20/2021 ADOPTING #171 Findings and Recommendations in full; DENYING #165 Motion for Relief. The case is REFFERED again to the assigned Magistrate Judge for further proceedings. (Rodriguez, E) |
SERVICE BY MAIL: #172 Order Adopting Findings and Recommendations served on Dianne Mallia, Thomas Schmitz. (Rodriguez, E) |
Filing 173 FOURTH AMENDED COMPLAINT against Jack Aamot, Jacob Adams, Alex Andaluz, Marianna Kate Ashe, Adam Asman, Erik Bradley, Eric Branman, Brittany Brizendine, Rainbow Brockenborough, David Brunkhorst, James Burns, California Department of Corrections and Rehabilitation, T. Campbell, Laura Ceballos, Stephen Denigris, Ralph Diaz, Connie Gibson, Michael Golding, Scott A. Heatley, Jevon Johnson, Robert Johnson, Scott Kernan, Kevin Kuich, David Leidner, Joe A. Lizarraga, Angela Ponciano, Sujatha Ramkumar, John Rekart, Rebecca Robinson, Robert Rudas, Christopher Smith, Michael Smith, Ketherine Tebrock, Diana Toche, Violka Waine by Thomas Schmitz, Dianne Mallia. (Attachments: #1 Notice)(Rodriguez, E) |
Filing 171 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/19/21 RECOMMENDING that #165 Plaintiffs' motion for relief from the court's prior order denying leave to reassert their 1983 claims against defendants Asman and Bradley be denied and, following the District Judge's ruling on these F&Rs, the case should be referred again to the undersigned for further proceedings. Referred to Judge John A. Mendez; Objections to F&Rs due within 14 days. (Benson, A.) |
SERVICE BY MAIL: #171 Findings and Recommendations served on Dianne Mallia, Thomas Schmitz. (Benson, A.) |
Filing 170 CERTIFICATE of SERVICE by Thomas Schmitz re #169 Reply. (Kastilahn, A) |
Filing 169 REPLY to #166 , #167 Oppositions by Dianne Mallia, Thomas Schmitz. (Huang, H) |
Filing 168 MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 11/10/2021: On the court's own motion, the hearing on plaintiff's motion for relief from order (ECF No. #165 ) currently calendared for 11/17/2021 is VACATED and the matter is taken under submission without oral argument pursuant to Local Rule 230(g). (Text Only Entry)(Streeter, J) |
SERVICE BY MAIL: 168 Minute Order, served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 167 OPPOSITION by Adam Asman to #165 Motion for relief from order. (McCaslin, William) Modified on 11/3/2021 (Kaminski, H). |
Filing 166 OPPOSITION by Erik Bradley to #165 Motion for relief from order. (Nygaard, Jennifer) Modified on 11/3/2021 (Kaminski, H). |
Filing 165 MOTION for relief from order dismissing with prejudice by Dianne Mallia, Thomas Schmitz. Motion Hearing set for 11/17/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Notice)(Reader, L) |
Filing 164 NOTICE of CHANGE of ADDRESS to 404 Atkinson Street, Roseville, California 95678 by Dianne Mallia, Thomas Schmitz. (Reader, L) |
MAIL RETURNED as Forward time exp. 404 Atkinson St Roseville, CA 95678-2107: #163 Stipulation and Order, sent to Thomas Schmitz. (Mena-Sanchez, L) |
Filing 163 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/6/21 EXTENDING the time for plaintiffs to file a Fourth Amended Complaint to 12/14/21 and defendants' respond is due by 1/14/2022. (Kastilahn, A) |
SERVICE BY MAIL: #163 Stipulation and Order served on Dianne Mallia and Thomas Schmitz. (Kastilahn, A) |
Filing 162 STIPULATION and PROPOSED ORDER Extending Time for Plaintiffs to File a Fourth Amended Complaint, and for Defendants to Respond to a Fourth Amended Complaint by Erik Bradley. (Nygaard, Jennifer) |
MAIL RETURNED as Undeliverable, Forward time exp: #161 Order Adopting Findings and Recommendations sent to Thomas Schmitz. Notice of Change of Address due by 12/13/2021. (Coll, A) |
SERVICE BY MAIL: #161 Order Adopting Findings and Recommendations served on Thomas Schmitz at 1753 Woodleaf Circle, Roseville, CA 95747 AND 404 Atkinson St., Roseville, CA 95678-2107 (Streeter, J) |
MAIL RETURNED as Undeliverable, Forward Time Expired, Schmitz Thomas J, 404 Atkinson St, Roseville, CA 95678-2107: #161 Order sent to Thomas Schmitz. Notice of Change of Address due by 12/6/2021. (Huang, H) |
Filing 161 ORDER signed by District Judge John A. Mendez on 9/23/2021 ADOPTING #156 Findings and Recommendations in full. Plaintiffs' #145 motion to amend is GRANTED IN PART and DENIED IN PART. Within 30 days of this order, plaintiffs shall (A) file a Fourth Amended Complaint along with any desired exhibits attached, or (B) notify the court that no amended complaint will be filed and the action will proceed on the currently operative complaint. The pending #138 , #139 , #140 motions to partially dismiss the Third Amended Complaint are DENIED as moot. The case is REFERRED again to the assigned Magistrate Judge for further proceedings. (Zignago, K.) |
SERVICE BY MAIL: #161 Order Adopting Findings and Recommendations served on Dianne Mallia, Thomas Schmitz. (Zignago, K.) |
Filing 160 REPLY by Erik Bradley to OBJECTIONS to #156 Findings and Recommendations. (Nygaard, Jennifer) Modified on 9/1/2021 (Mena-Sanchez, L). |
Filing 159 CERTIFICATE of SERVICE re #158 Objections to Findings and Recommendations. (Rodriguez, E) |
Filing 158 OBJECTIONS to FINDINGS and RECOMMENDATIONS #156 by Plaintiffs. (Becknal, R) |
Filing 157 MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 08/04/2021: The docket text entry summarizing the contents of the Findings & Recommendations issued on August 3, 2021 (ECF No. #156 ) contained confusing language regarding the deadline for plaintiffs to file a further amended complaint. The court now clarifies that, as stated in the body of the F&Rs, plaintiffs have 30 days *from the date of the district judge's forthcoming order* to file a further amended complaint. The docket text accompanying ECF No. #156 has been corrected to read as follows: "FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/3/2021 RECOMMENDING that #145 Plaintiffs motion to amend be granted in part and denied in part, and that the motions to dismiss #138 , #139 , #140 be denied as moot. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these F & R's." (Text Only Entry)(Streeter, J) |
SERVICE BY MAIL: 157 Minute Order served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 156 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/3/2021 RECOMMENDING that #145 Plaintiffs motion to amend be granted in part and denied in part, and that the motions to dismiss #138 , #139 , #140 be denied as moot. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these F & R's.(Reader, L) Modified on 8/4/2021 (Streeter, J). |
SERVICE BY MAIL: #156 Findings and Recommendations, served on Dianne Mallia, Thomas Schmitz. (Reader, L) |
Filing 155 CERTIFICATE of SERVICE by Jacob Adams et al re #154 Designation of Counsel. (McCaslin, William) |
Filing 154 DESIGNATION of COUNSEL FOR SERVICE. Added attorney William L. McCaslin for Jacob Adams, Alex Andaluz, Marianna Kate Ashe, Adam Asman, Eric Branman, Brittany Brizendine, Rainbow Brockenborough, California Department of Corrections and Rehabilitation, Laura Ceballos, Scott A. Heatley, Jevon Johnson, Robert Johnson, David Leidner, Angela Ponciano, Sujatha Ramkumar, John Rekart,William Rebecca Robinson, Robert Rudas, Christopher Smith,William Michael Smith, Ketherine Tebrock, Diana Toche, Violka Waine. Attorney Adam C. Young terminated. (McCaslin, William) |
Filing 153 REQUEST for JUDICIAL NOTICE by Dianne Mallia, Thomas Schmitz. (Tupolo, A) |
Filing 152 REPLY by Dianne Mallia, Thomas Schmitz to #148 , #150 Opposition . (Tupolo, A) (Main Document 152 replaced on 5/21/2021) (Tupolo, A). |
Filing 151 OPPOSITION by Stephen Denigris to #145 Motion to Amend the Complaint/Petition. (Raven, Vanessa) |
Filing 150 OPPOSITION by Jacob Adams, et al., to #145 Motion to Amend the Complaint/Petition. (Hirsig, Peter) Modified on 5/26/2021 (Benson, A.). |
Filing 149 CERTIFICATE of SERVICE by Erik Bradley re #148 Opposition to Motion. (Nygaard, Jennifer) |
Filing 148 OPPOSITION by Erik Bradley to #145 Motion to Amend the Complaint/Petition. (Nygaard, Jennifer) |
Filing 147 CERTIFICATE of SERVICE by Thomas Schmitz re #145 Motion to Amend. (Coll, A) |
Filing 146 MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 04/16/2021: Plaintiffs recently filed a consolidated Motion to Amend and Motion for Partial Relief from the court's prior order dismissing certain claims with prejudice [ECF No. #145 ]. The motions were not properly noticed for hearing, but the court will accept the motions as filed because the court finds it necessary in any event to adjust the motions calendar pursuant to Local Rule 230(e), as plaintiffs' latest motions are related to defendants' pending motions to dismiss [ECF Nos. [138-140]]. Accordingly, the court ORDERS as follows: (1.) Defendants' Motions to Partially Dismiss the Third Amended Complaint [ECF Nos. [138-140]] are taken under submission pursuant to Local Rule 230(g), and the hearing currently set for 5/5/2021 is VACATED. (2.) The court will first resolve plaintiffs' latest Motion to Amend, including the encompassed Motion for Reconsideration. If the court ultimately denies leave to amend, the court will set new deadlines for a response and replies to the pending Motions to Dismiss, prior to resolving those motions. (3.) At this time, no hearing will be set on plaintiffs' Motions to Amend and for Reconsideration. Therefore, the court sets the following BRIEFING DEADLINES: Defendants shall file any opposition in response to the motions no later than 5/5/2021; and plaintiffs shall file any optional reply no later than 5/19/2021. (4.) If the court determines that a hearing is needed on either set of motions, it will be scheduled at a later date with notice to the parties. (Text Only Entry)(Streeter, J) |
SERVICE BY MAIL: 146 Minute Order served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 145 MOTION to AMEND the Third Amended Complaint [ECF No. #130 ] and Motion for Partial Relief from Order [ECF No. #124 ] by Dianne Mallia, Thomas Schmitz. (Zignago, K.) Modified on 4/16/2021 (Streeter, J). |
Filing 144 ANSWER with Jury Demand to the Third Amended Complaint by Kevin Kuich, Joe A. Lizarraga.(Terhorst, Michael) |
Filing 143 MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 03/16/2021: During the week of May 24-28, 2021, the Eastern District of California, Fresno and Sacramento Divisions, is hosting Settlement Week, during which judges will conduct settlement conferences. Your case has been identified as one potentially appropriate for referral to Settlement Week. Accordingly, IT IS HEREBY ORDERED that the parties meet and confer to determine whether they believe participation in a settlement conference would be beneficial. There is no obligation to participate. If all parties believe that participation in a settlement conference would be beneficial, the conference would be conducted by a magistrate judge other than the magistrate judge assigned to the case. If all parties agree to participate in a Settlement Week settlement conference, they shall, within 15 days from the date of this Order, so inform the courts Alternative Dispute Resolution (ADR) Division, in writing, at the address or email address below: ADR Division, Attention: Sujean Park, U.S. District Court, 501 I Street, Suite 4-200, Sacramento, CA 95814, email: spark@caed.uscourts.gov. (Text Only Entry)(Streeter, J) |
SERVICE BY MAIL: 143 Minute Order served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 142 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/3/2021 CONTINUING the Hearings on Defendants' Motions to Dismiss the Third Amended Complaint (ECF Nos. #138 - #140 ) to 5/5/2021, at 10:00 a.m. (Becknal, R) |
SERVICE BY MAIL: #142 Stipulation and Order served on Dianne Mallia, Thomas Schmitz. (Becknal, R) |
Filing 141 STIPULATION and PROPOSED ORDER for Continuing Hearings on Defendants' Motions to Dismiss the Third Amended Complaint by Erik Bradley. (Nygaard, Jennifer) |
Filing 140 MOTION to DISMISS by Jacob Adams et al. Motion Hearing set for 4/7/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Points and Authorities)(Young, Adam) Modified on 2/19/2021 (Coll, A). |
Filing 139 MOTION to PARTIALLY DISMISS #130 Third Amended Complain by Erik Bradley. Motion Hearing set for 4/7/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Proof of Service) (Nygaard, Jennifer) Modified on 2/18/2021 (Streeter, J). |
Filing 138 MOTION to DISMISS by Stephen Denigris. Motion Hearing set for 4/7/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum, #2 Proof of Service)(Raven, Vanessa) |
Filing 137 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/5/2021 GRANTING #136 Ex Parte Application for Extension of Time, GRANTING defendants Dr. Kuich and J. Lizarraga until 3/4/2021 to respond to #130 Amended Complaint. (Coll, A) |
SERVICE BY MAIL: #137 Order served on Dianne Mallia, Thomas Schmitz. (Coll, A) |
Filing 136 EX PARTE APPLICATION for EXTENSION of TIME by Kevin Kuich, Joe A. Lizarraga to File Response to Third Amended Complaint. (Attachments: #1 Declaration, #2 Proposed Order)(Terhorst, Michael) |
Filing 135 STIPULATION for EXTENSION OF TIME to Respond to #130 Third Amended Complaint by Erik Bradley. (Attachments: #1 Certificate of Service)(Nygaard, Jennifer) Modified on 2/5/2021 (Coll, A). |
Filing 134 STIPULATION and ORDER #132 signed by Magistrate Judge Carolyn K. Delaney on 2/3/2021 EXTENDING the time to respond to Plaintiffs' Third Amended Complaint to 2/18/2021. (Becknal, R) |
SERVICE BY MAIL: #134 Stipulation and Order served on Dianne Mallia and Thomas Schmitz. (Becknal, R) |
Filing 133 CERTIFICATE of SERVICE by Jacob Adams et al re #132 Stipulation and Proposed Order. (Young, Adam) |
Filing 132 STIPULATION and PROPOSED ORDER for EXTENDING TIME TO RESPOND to #130 Third Amended Complaint by Jacob Adams et al. (Young, Adam) |
Filing 131 CERTIFICATE of SERVICE by Dianne Mallia, Thomas Schmitz re #130 Amended Complaint. (Tupolo, A) |
Filing 130 THIRD AMENDED COMPLAINT against All Defendants by Thomas Schmitz, Dianne Mallia.(Tupolo, A) |
Filing 129 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/11/2021 ORDERING Defendants shall produce to Plaintiffs the complete CDCR medical records of decedent William Schmitz (Request for Production No. #33 ) by 1/8/2021. (Reader, L) |
SERVICE BY MAIL: #129 Order, served on Dianne Mallia, Thomas Schmitz. (Reader, L) |
Filing 128 STIPULATION and PROPOSED ORDER for extending time to respond to plaintiffs' first amended requests for production by Jacob Adams, et al.. Attorney Young, Adam Christopher added. (Young, Adam) Modified on 1/11/2021 (Kastilahn, A). |
Filing 127 CERTIFICATE of SERVICE by Dianne Mallia, Thomas Schmitz re #125 Motion for Punitive Damages. (Coll, A) |
Filing 126 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/7/2021 DENYING #125 Motion for punitive damages without prejudice to its refiling as a Motion to Amend. Any Third Amended Complaint Plaintiffs wish to file remains due by 1/21/2021. (Mena-Sanchez, L) Modified on 1/7/2021 (Streeter, J). |
SERVICE BY MAIL: #126 Order, served on Dianne Mallia, Thomas Schmitz. (Mena-Sanchez, L) |
Filing 125 MOTION for PUNITIVE DAMAGES by Dianne Mallia, Thomas Schmitz. (Coll, A) |
Filing 124 ORDER signed by District Judge John A. Mendez on 12/21/2020 ADOPTING IN FULL #85 Findings and Recommendations and GRANTING IN PART #63 , #64 Motion to Dismiss. (Tupolo, A) |
SERVICE BY MAIL: #124 Order Adopting Findings and Recommendations, Findings and Recommendations (Order) served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 123 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 12/17/2020: Peter Jon Hirsig for Ralph Diaz, Connie Gibson, Scott Kernan in place of attorney Jennifer Nygaard. (Coll, A) |
SERVICE BY MAIL: #123 Substitution of Attorney Order served on Dianne Mallia, Thomas Schmitz. (Coll, A) |
Filing 122 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Scott Kernan. (Hirsig, Peter) |
Filing 121 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Connie Gibson. (Hirsig, Peter) |
Filing 120 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Ralph Diaz. (Hirsig, Peter) |
Filing 119 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/16/2020 GRANTING defendant until 1/1/2021 to file responses to plaintiff's Request for Production of Documents, Set One. (Coll, A) |
Filing 118 STIPULATION and PROPOSED ORDER for Extension Deadline for Stephen DeNigris M.D.'s Further Responses to Plaintiffs' Request for Production of Documents, Set One by Stephen Denigris. (Raven, Vanessa) |
Filing 117 OPPOSITION by Kevin Kuich, Joe A. Lizarraga to #88 Objections to Findings and Recommendations. (Terhorst, Michael) Modified on 12/15/2020 (Coll, A). |
Filing 116 RESPONSE by Jacob Adams et al to #88 Objections to Findings and Recommendations. Attorney Young, Adam Christopher added. (Young, Adam) |
Filing 115 REPLY by Erik Bradley et al to #88 Objections to Findings and Recommendations. (Nygaard, Jennifer) |
Filing 114 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 12/14/2020 SUBSTITUING Peter Jon Hirsig for Jacob Adams, Alex Andaluz, Marianna Kate Ashe, Adam Asman, Eric Branman, Brittany Brizendine, Rainbow Brockenborough, California Department of Corrections and Rehabilitation, Laura Ceballos, Scott A. Heatley, Jevon Johnson, Robert Johnson, David Leidner, Angela Ponciano, Sujatha Ramkumar, John Rekart, Rebecca Robinson, Robert Rudas, Christopher Smith, Michael Smith, Ketherine Tebrock, Diana Toche, and Violka Waine in place of attorney Jennifer Nygaard. (Huang, H) |
SERVICE BY MAIL: #114 Substitution of Attorney Order, served on Dianne Mallia, Thomas Schmitz. (Huang, H) |
Filing 113 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Violka Waine. (Hirsig, Peter) |
Filing 112 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Rebecca Robinson. (Hirsig, Peter) |
Filing 111 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Ketherine Tebrock. (Hirsig, Peter) |
Filing 110 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Robert Rudas. (Hirsig, Peter) |
Filing 109 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by John Rekart. (Hirsig, Peter) |
Filing 108 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Robert Johnson. (Hirsig, Peter) |
Filing 107 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Michael Smith. (Hirsig, Peter) |
Filing 106 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by David Leidner. (Hirsig, Peter) |
Filing 105 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Jevon Johnson. (Hirsig, Peter) |
Filing 104 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Scott A. Heatley. (Hirsig, Peter) |
Filing 103 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Peter Hirsig. (Hirsig, Peter) Modified on 12/15/2020 (Coll, A). |
Filing 102 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Eric Branman. (Hirsig, Peter) |
Filing 101 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Adam Asman. (Hirsig, Peter) |
Filing 100 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Alex Andaluz. (Hirsig, Peter) |
Filing 99 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Diana Toche. (Hirsig, Peter) |
Filing 98 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Sujatha Ramkumar. (Hirsig, Peter) |
Filing 97 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Angela Ponciano. (Hirsig, Peter) |
Filing 96 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Laura Ceballos. (Hirsig, Peter) |
Filing 95 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Christopher Smith. (Hirsig, Peter) |
Filing 94 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Rainbow Brockenborough. (Hirsig, Peter) |
Filing 93 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Marianna Kate Ashe. (Hirsig, Peter) |
Filing 92 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Brittany Brizendine. (Hirsig, Peter) |
Filing 91 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Jacob Adams. (Hirsig, Peter) |
Filing 90 SUPPLEMENTAL DISCLOSURES by Thomas Schmitz. (Mena-Sanchez, L) |
Filing 89 STIPULATION and PROPOSED ORDER for Extending Time for Plaintiffs to Compel Defendant Stephen DeNigris, M.D.'s Further Responses to Plaintiffs' Request for Production of Documents, Set One by Stephen Denigris. (Raven, Vanessa) |
Filing 88 OBJECTIONS to #85 FINDINGS and RECOMMENDATIONS by Plaintiff Thomas Schmitz. (Benson, A.) |
Filing 87 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/19/20 EXTENDING Defendants' deadline to respond to Plaintiffs' Amended First Set of Requests for Production of Documents by forty-five days. (Kaminski, H) |
SERVICE BY MAIL: #87 Stipulation and Order, served on Dianne Mallia, Thomas Schmitz. (Kaminski, H) |
Filing 86 STIPULATION and PROPOSED ORDER Extending Defendants' Time to Respond to Plaintiffs' Amended First Set of Requests for Production of Documents by Adam Asman et al. (Attachments: #1 Declaration of Service by U.S. Mail) (Nygaard, Jennifer) Modified on 11/18/2020 (Tupolo, A). |
Filing 85 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/13/20 DENYING IN PART #63 and #64 Motions to Dismiss and RECOMMENDING that #63 and #64 Motions to Dismiss be granted in part. F&R referred to District Judge John A. Mendez. Objections to F&R due within fourteen (14) days. (Kaminski, H) |
SERVICE BY MAIL: #85 Order and Findings and Recommendations, served on Dianne Mallia, Thomas Schmitz. (Kaminski, H) |
Filing 84 STIPULATION Extending Time for Plaintiffs to Compel Defendant's Further Responses by Stephen Denigris. (Raven, Vanessa) |
Filing 83 STIPULATION Extending Plaintiffs' Time to Respond to Request for Production of Documents by Stephen Denigris. (Raven, Vanessa) |
Filing 82 MINUTE ORDER (Text Only0 issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 10/26/2020: On the Court's own motion and pursuant to Local Rule 230(g), Defendants' Motions to Dismiss and Joinders (ECF Nos. #63 , #64 , #65 , #68 , #70 and #77 ) are SUBMITTED without oral argument. The hearing date of 10/28/2020 is VACATED. If the Court determines that oral argument is needed, it will be rescheduled at a later date.(Streeter, J) |
SERVICE BY MAIL: 82 Minute Order served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 81 STIPULATION Extending Defendants' Time to Respond to Plaintiffs' Amended First Set of Requests for Production of Documents by Alex Andaluz, et al., (Nygaard, Jennifer) |
Filing 80 CERTIFICATE of SERVICE by Dianne Mallia, Thomas Schmitz. (Zignago, K.) |
Filing 79 REPLY by Kevin Kuich, Joe A. Lizarraga re #75 Opposition to Motion. (Terhorst, Michael) |
Filing 78 REPLY by Stephen Denigris to Response to #64 Motion to Dismiss. (Raven, Vanessa) |
Filing 77 JOINDER by Stephen Denigris in re #76 Reply to Response to Motion to Dismiss. (Raven, Vanessa) Modified on 10/22/2020 (Zignago, K.). |
Filing 76 REPLY by Jacob Adams, Alex Andaluz, Marianna Kate Ashe, Adam Asman, Erik Bradley, Eric Branman, Brittany Brizendine, Rainbow Brockenborough, David Brunkhorst, California Department of Corrections and Rehabilitation, Laura Ceballos, Ralph Diaz, Connie Gibson, Scott A. Heatley, Jevon Johnson, Robert Johnson, Scott Kernan, David Leidner, Angela Ponciano, Sujatha Ramkumar, John Rekart, Rebecca Robinson, Robert Rudas, Christopher Smith, Michael Smith, Ketherine Tebrock, Diana Toche, Violka Waine to response to #63 Motion to Dismiss. (Nygaard, Jennifer) Modified on 10/22/2020 (Zignago, K.). |
Filing 75 OPPOSITION by Dianne Mallia, Thomas Schmitz to #64 Motion to Dismiss, #63 Motion to Dismiss. (Kastilahn, A) |
Filing 74 SUMMONS RETURNED EXECUTED: Jacob Adams served on 8/21/2020. (Kaminski, H) |
Filing 73 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/8/2020 CONTINUING the #64 Motion to Dismiss Hearing to 10/28/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Coll, A) Modified on 9/9/2020 (Coll, A). |
SERVICE BY MAIL: #73 Stipulation and Order served on Dianne Mallia, Thomas Schmitz. (Coll, A) |
Filing 72 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/3/2020 ORDERING that Defendants may have until 10/29/2020, to respond to Plaintiffs' First Set of Requests for Production of Documents. (Zignago, K.) |
Filing 71 STIPULATION and PROPOSED ORDER Continuing Hearing on Defendants' Motions to Dismiss by Plaintiffs and Defendants. (Nygaard, Jennifer) Modified on 9/8/2020 (Kaminski, H). |
SERVICE BY MAIL: #72 Stipulation and Order served on Dianne Mallia, Thomas Schmitz. (Zignago, K.) |
Filing 70 JOINDER in #63 Motion to Partially Dismiss by Stephen Denigris. (Raven, Vanessa) Modified on 9/4/2020 (Huang, H). |
Filing 69 STIPULATION and PROPOSED ORDER Extending Defendants' Time to Respond to Plaintiffs' First Set of Requests for Production of Documents by Alex Andaluz, et al. (Nygaard, Jennifer) Modified on 9/4/2020 (Huang, H). |
Filing 68 JOINDER by Jacob Adams in #63 Motion to Partially Dismiss #44 Second Amended Complaint . (Nygaard, Jennifer) Modified on 9/2/2020 (York, M). |
Filing 67 PROPOSED ORDER re #65 Joinder . (Terhorst, Michael) Modified on 9/2/2020 (York, M). |
Filing 66 CERTIFICATE of SERVICE re #65 Joinder. (Terhorst, Michael) Modified on 9/2/2020 (York, M). |
Filing 65 JOINDER by Kevin Kuich, Joe A. Lizarraga in #63 Motion to Partially Dismiss #44 Second Amended Complaint by Kevin Kuich, Joe A. Lizarraga. (Attachments: #1 Proof of Service)(Terhorst, Michael) Modified on 9/2/2020 (York, M). |
Filing 64 MOTION to DISMISS #44 Second Amended Complaint by Stephen Denigris. Motion Hearing set for 9/30/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Proof of Service)(Raven, Vanessa) Modified on 9/1/2020 (York, M). |
Filing 63 MOTION to PARTIALLY DISMISS #44 Second Amended Complaint by Alex Andaluz, et al., Motion Hearing set for 9/30/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Proposed Order, #4 Proof of Service)(Nygaard, Jennifer) Modified on 9/1/2020 (York, M). |
Filing 62 CLERK'S ENTRY of DISMISSAL (Text Only) APPROVING #61 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(i) as to Michael Golding ONLY. (York, M) |
Filing 61 NOTICE of VOLUNTARY DISMISSAL by Plaintiffs as to Michael Golding. (Konz, Derick) Modified on 8/31/2020 (York, M). |
Filing 60 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Derick E. Konz for Michael Golding (Konz, Derick) |
Filing 59 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 8/28/2020 SUBSTITUTING Michael Anthony Terhorst for Kevin Kuich in place of attorney Jennifer Nygaard. (Huang, H) |
SERVICE BY MAIL: #59 Substitution of Attorney Order served on Dianne Mallia, Thomas Schmitz. (Huang, H) |
Filing 58 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Kevin Kuich. (Terhorst, Michael) |
Filing 57 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 8/27/2020 SUBSTITUTING Bruce Alan Kilday for Michael Golding in place of attorney Jennifer Nygaard. (Huang, H) |
SERVICE BY MAIL: #57 Substitution of Attorney Order served on Dianne Mallia, Thomas Schmitz. (Huang, H) |
Filing 56 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Michael Golding. (Konz, Derick) |
Filing 55 SUMMONS RETURNED EXECUTED: Robert Rudas served on 7/31/2020. (Mena-Sanchez, L) |
Filing 54 STIPULATION Extending Defendant Denigris' time to Respond to #44 Second Amended Complaint, by Stephen Denigris. Attorney Vanessa Raven added. (Kastilahn, A) |
Filing 53 SUMMONS ISSUED as to *Jacob Adams* with answer to complaint due within *21* days. Attorney *Thomas Schmitz and Dianne Mallia* *1753 Woodleaf Circle* *Roseville, CA 95747*. (Zignago, K.) |
SERVICE BY MAIL: #53 Summons served on Dianne Mallia, Thomas Schmitz. (Zignago, K.) |
Filing 52 STIPULATION Extending Time to Respond to Plaintiffs' Second Amended Complaint by Defendants. Attorney Nygaard, Jennifer added. (Nygaard, Jennifer) Modified on 8/14/2020 (Mena-Sanchez, L). |
Filing 51 STIPULATION Extending Time to Respond to #44 Second Amended Complaint by Defendants. Attorney Nygaard, Jennifer added. (Nygaard, Jennifer) Modified on 8/13/2020 (Mena-Sanchez, L). |
Filing 50 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/5/2020 SUBSTITUTING ATTORNEY Michael Anthony Terhorst as counsel of record in place of Attorney Jennifer Nygaard to represent Joe A. Lizarraga. (York, M) |
SERVICE BY MAIL: #50 Substitution of Attorney Order served on Dianne Mallia, Thomas Schmitz. (York, M) |
Filing 49 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Joe A. Lizarraga. (Terhorst, Michael) |
Filing 48 SUMMONS RETURNED EXECUTED: Stephen Denigris served on 7/27/2020. (Zignago, K.) |
Filing 47 SUMMONS RETURNED EXECUTED: Brittany Brizendine, California Department of Corrections and Rehabilitation, Ralph Diaz, Connie Gibson, Scott Kernan, Kevin Kuich, David Leidner, Angela Ponciano, John Rekart, Diana Toche served on 7/24/2020. (Zignago, K.) |
Filing 46 STIPULATION Extending Time to Respond to the Second Amended Complaint by Alex Andaluz, Marianna Kate Ashe, Adam Asman, Erik Bradley, Eric Branman, Rainbow Brockenborough, David Brunkhorst, Laura Ceballos, Michael Golding, Scott A. Heatley, Jevon Johnson, Robert Johnson, Joe A. Lizarraga, Sujatha Ramkumar, Rebecca Robinson, Christopher Smith, Michael Smith, Ketherine Tebrock, Violka Waine. (Nygaard, Jennifer) Modified on 7/23/2020 (Reader, L). |
Filing 45 SUMMONS ISSUED as to *Brittany Brizendine, California Department of Corrections and Rehabilitation, Stephen Denigris, Ralph Diaz, Connie Gibson, Scott Kernan, Kevin Kuich, David Leidner, Angela Ponciano, John Rekart, Robert Rudas, Diana Toche* with answer to complaint due within *21* days. Attorney *Thomas Schmitz and Dianne Mallia* *1753 Woodleaf Circle* *Roseville, CA 95747*. (Zignago, K.) |
SERVICE BY MAIL: #45 Summons served on Dianne Mallia, Thomas Schmitz. (Zignago, K.) |
Filing 44 SECOND AMENDED COMPLAINT against all Defendants by Thomas Schmitz, Dianne Mallia. (Zignago, K.) |
Filing 43 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/7/2020 EXTENDING to 9/1/2020, that the deadline for Plaintiffs to file a Second Amended Complaint. (Reader, L) |
SERVICE BY MAIL: #43 Order, served on Dianne Mallia, Thomas Schmitz. (Reader, L) |
Filing 42 STIPULATION and PROPOSED ORDER for Extending Deadline for Plaintiffs to File a Second Amended Complaint by Alex Andaluz, Rainbow Brockenborough, Laura Ceballos, Michael Golding, Scott A. Heatley, Robert Johnson, Joe A. Lizarraga, Rebecca Robinson, Michael Smith, Ketherine Tebrock. (Nygaard, Jennifer) |
Filing 41 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/25/2020 GRANTED in PART and DENIED in PART #22 , #23 Motions to Dismiss. DISMISSING Claims, with leave to amend against defendants Adam Asman, Erik Bradley, Eric Branman, David Brunkhorst, James Burns, T. Campbell, Jevon Johnson, Sujatha Ramkumar, Christopher Smith, Violka Waine, Jack Aamot and Marianna Kate Ashe. Within 21 days of the date of this order plaintiffs' shall file an amended complaint. Plaintiffs' #33 Motion for Reconsideration is DENIED. (Reader, L) |
SERVICE BY MAIL: #41 Order on Motion to Dismiss, Order on Motion for Reconsideration, served on Dianne Mallia, Thomas Schmitz. (Reader, L) |
Filing 40 MINUTES (Text Only) for MOTION HEARING held via video conference before Magistrate Judge Carolyn K. Delaney on 6/17/2020 re Motions to Dismiss #22 , #23 . Arguments heard; matter submitted. Written order to issue. Plaintiffs Counsel Pro Se present. Defendants Counsel Jennifer Nygaard present. Court Reporter/CD Number: Diane Shepard. (Streeter, J) |
SERVICE BY MAIL: 40 Minutes re Motion Hearing served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 39 REPLY by Dianne Mallia, Thomas Schmitz to response to #33 Motion for Reconsideration. (Zignago, K.) |
Filing 38 REPLY by All Defendants to RESPONSES to #22 and #23 Motions to Dismiss. (Nygaard, Jennifer) Modified on 6/10/2020 (York, M). |
Filing 37 OPPOSITION by Michael Golding to #33 Motion for Reconsideration. (Nygaard, Jennifer) Modified on 6/10/2020 (York, M). |
Filing 36 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 6/4/2020: The court is in receipt of Plaintiffs' Motion for Reconsideration (ECF No. #33 ). Although defective pursuant to Local Rule 230(b) the court will hear Plaintiffs' motion and argument along with Defendants' Motions to Dismiss on 6/17/2020. Defendant Golding shall respond by 6/10/2020, and Plaintiffs' reply, if any, is due 6/15/2020. (Streeter, J) Modified on 6/4/2020 (Streeter, J). |
SERVICE BY MAIL: 36 Minute Order served on Dianne Mallia,and Thomas Schmitz. (Streeter, J) |
Filing 35 OPPOSITION by Thomas Schmitz, Dianne Mallia to #23 Motion to Dismiss. (Tupolo, A) |
Filing 34 OPPOSITION by Plaintiffs Thomas Schmitz, Dianne Mallia to #22 Motion to Dismiss. (Tupolo, A) |
Filing 33 MOTION for RECONSIDERATION re 27 Clerk's Decline of Entry of Default by Thomas Schmitz, Dianne Mallia. Motion Hearing set for 6/17/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Tupolo, A) |
Filing 32 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/3/2020 GRANTING #31 Motion to Redact, DIRECTING the clerk to redact defendant Lizarraga's address from #13 Summons Returned Executed. (Coll, A) |
SERVICE BY MAIL: #32 Order on Motion served on Dianne Mallia, Thomas Schmitz. (Coll, A) |
Filing 31 MOTION to Redact Proof of Service by Joe A. Lizarraga. (Attachments: #1 Proposed Order, #2 Proof of Service)(Nygaard, Jennifer) Modified on 5/29/2020 (Kaminski, H). |
Filing 30 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/29/2020 GRANTING #29 Motion to Redact Proofs of Service and INSTRUCTING the Clerk to redact Defendants' addresses from #13 Summons Returned Executed at pages 14 and 16, and #15 , #16 Summons Returned Executed. (Huang, H) |
SERVICE BY MAIL: #30 Order, served on Dianne Mallia, Thomas Schmitz. (Huang, H) |
Filing 29 MOTION Redact Proofs of Service by Adam Asman, Erik Bradley, David Brunkhorst, James Burns, Joe A. Lizarraga. (Attachments: #1 Proposed Order, #2 Proof of Service)(Nygaard, Jennifer) |
Filing 28 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 5/26/2020: In light of the pending Motions to Dismiss (ECF Nos. #22 and #23 ), the Initial Scheduling Conference set for 6/3/2020 is hereby VACATED. The status conference will be reset, if necessary, upon resolution of the pending motions. (Streeter, J) |
SERVICE BY MAIL: 28 Minute Order served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 27 REQUEST FOR ENTRY OF DEFAULT DECLINED as to Michael Golding. The clerk hereby declines to enter #26 Request for Entry of Default filed by Thomas Schmitz, Dianne Mallia due to #23 Motion to Dismiss filed on 5/15/2020. (TEXT ONLY) (Coll, A) |
Filing 26 REQUEST FOR ENTRY OF DEFAULT as to Michael Golding by Thomas Schmitz, Dianne Mallia. (Coll, A) |
Filing 25 JOINT STATUS REPORT by Jack Aamot et al. (Nygaard, Jennifer) |
Filing 24 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 5/15/2020: On the court's own motion, and for judicial economy, the hearing on Defendants' Motion to Dismiss #22 set for 6/3/2020 is VACATED and RESET to be heard together with Defendants' Motion to Dismiss #23 on 6/17/2020 at 10:00 AM in Courtroom 24 before Magistrate Judge Carolyn K. Delaney. Filing deadlines are reset as provided by Local Rule 230. (Streeter, J) |
Filing 23 MOTION to DISMISS by Michael Golding. Attorney Nygaard, Jennifer added. Motion Hearing set for 6/17/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Proof of Service)(Nygaard, Jennifer) Modified on 5/18/2020 (Coll, A). |
SERVICE BY MAIL: 24 Minute Order served on Dianne Mallia, Thomas Schmitz. (Streeter, J) |
Filing 22 MOTION to DISMISS by Jack Aamot et al. Attorney Nygaard, Jennifer added. Motion Hearing set for 6/3/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Proof of Service)(Nygaard, Jennifer) Modified on 5/5/2020 (Coll, A). |
Filing 21 SUMMONS RETURNED EXECUTED: Rebecca Robinson served on 4/17/2020. (Tupolo, A) |
Filing 20 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/29/2020 GRANTING Defendant R. Johnson's #19 Ex Parte Application for an extension of the deadline to respond to the First Amended Complaint to 5/4/2020. (Zignago, K.) |
SERVICE BY MAIL: #20 Order served on Dianne Mallia, Thomas Schmitz. (Zignago, K.) |
Filing 19 EX PARTE APPLICATION by Robert Johnson for an Extension of Time to Respond to the First Amended Complaint. Attorney Nygaard, Jennifer added. (Attachments: #1 Declaration of J. Nygaard, #2 Proposed Order, #3 Proof of Service)(Nygaard, Jennifer) Modified on 4/27/2020 (Kaminski, H). |
Filing 18 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/24/2020 ORDERING that Defendants Brunkhorst, Burns, Campbell, Lizarraga, and M. Smith have until 5/4/2020 to file a responsive pleading to #6 First Amended Complaint. (Huang, H) |
SERVICE BY MAIL: #18 Stipulation and Order, served on Dianne Mallia, Thomas Schmitz. (Huang, H) |
Filing 17 STIPULATION and PROPOSED ORDER for Extending Defendants Time to Respond to Plaintiffs' First Amended Complaint by David Brunkhorst et al. Attorney Nygaard, Jennifer added. (Nygaard, Jennifer) |
Filing 16 [REDACTED per #30 Order] SUMMONS RETURNED EXECUTED: Adam Asman served on 3/31/2020. (Mena-Sanchez, L) (Main Document 16 replaced on 5/29/2020) (Huang, H). Modified on 5/29/2020 (Huang, H). |
Filing 15 [REDACTED per #30 Order] SUMMONS RETURNED EXECUTED: James Burns served on 4/5/2020. (Mena-Sanchez, L) (Main Document 15 replaced on 5/29/2020) (Huang, H). Modified on 5/29/2020 (Huang, H). |
Filing 14 SUMMONS RETURNED EXECUTED: Michael Golding served on 4/8/2020. (Benson, A.) |
Filing 13 [REDACTED per #30 and #32 Order] SUMMONS RETURNED EXECUTED: Marianna Kate Ashe, Rainbow Brockenborough and Joe A. Lizarraga served on 3/10/2020; Jack Aamot, Alex Andaluz, Eric Branman, Laura Ceballos, Scott A. Heatle, Jevon Johnson, Sujatha Ramkumar, Christopher Smith, Michael Smith, Ketherine Tebrock and Violka Waine served on 3/15/2020; Erik Bradley served on 3/19/2020; T. Campbell served on 3/31/2020; David Brunkhorst and Robert Johnson served on 4/5/2020. (Benson, A.) (Main Document 13 replaced on 5/29/2020) (Huang, H). Modified on 5/29/2020 (Huang, H). (Main Document 13 replaced on 6/3/2020) (Coll, A). |
Filing 12 STIPULATION to Extend Time to Respond to #6 First Amended Complaint by Dianne Mallia, Thomas Schmitz. (Tupolo, A) |
Filing 11 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/3/2020 GRANTING Ex Parte Application for an Extension of Time. EXTENDING The deadline to respond to the First Amended Complaint to 5/4/2020. (Mena-Sanchez, L) |
SERVICE BY MAIL: #11 Order, served on Dianne Mallia, Thomas Schmitz. (Mena-Sanchez, L) |
Filing 10 EX PARTE APPLICATION for EXTENSION of TIME to RESPOND to #6 First Amended Complaint by Jack Aamot, Alex Andaluz, Marianna Kate Ashe, Adam Asman, Erik Bradley, Eric Branman, Rainbow Brockenborough, Laura Ceballos, Scott A. Heatley, Jevon Johnson, Sujatha Ramkumar, Christopher Smith, Ketherine Tebrock, Violka Waine . Attorney Nygaard, Jennifer added. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Nygaard, Jennifer) Modified on 4/2/2020 (York, M). |
Filing 9 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Nygaard, Jennifer) |
Filing 8 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Mena-Sanchez, L) |
Filing 7 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Mena-Sanchez, L) |
Filing 6 FIRST AMENDED COMPLAINT against all Defendants by Thomas Schmitz, Dianne Mallia. (Zignago, K.) |
Filing 5 SUMMONS ISSUED as to *Rebecca Robinson, Ketherine Tebrock* with answer to complaint due within *21* days. Attorney *Thomas J. Schmitz* *1753 Woodleaf Circle* *Roseville, California 95747*. (Reader, L) |
SERVICE BY MAIL: #5 Summons served on Dianne Mallia, Thomas Schmitz. (Reader, L) |
Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED Initial Scheduling Conference set for 6/3/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Consent Form) (Benson, A.) |
Filing 3 SUMMONS ISSUED as to *Laura Ceballos, Michael Golding, Scott A. Heatley, Jevon Johnson, Robert Johnson, Joe A. Lizarraga, Sujatha Ramkumar, Christopher Smith, Michael Smith, Violka Waine* with answer to complaint due within *21* days. Attorney *Thomas Schmitz; Dianne Mallia* *1753 Woodleaf Circle* *Roseville, CA 95747*. (Benson, A.) |
Filing 2 SUMMONS ISSUED as to *Jack Aamot, Alex Andaluz, Marianna Kate Ashe, Adam Asman, Erik Bradley, Eric Branman, Rainbow Brockenborough, David Brunkhorst, James Burns, T. Campbell* with answer to complaint due within *21* days. Attorney *Thomas Schmitz; Dianne Mallia* *1753 Woodleaf Circle* *Roseville, CA 95747*. (Benson, A.) |
Filing 1 COMPLAINT against All Defendants by Thomas Schmitz, Dianne Mallia. (Attachments: #1 Civil Cover Sheet)(Benson, A.) |
RECEIPT number #CAE200103976 $400.00 fbo plaintiffs by Thomas Schmitz on 1/27/2020. (Benson, A.) |
SERVICE BY MAIL: #2 Summons, #3 Summons, #4 Civil New Case Documents for JAM served on Dianne Mallia, Thomas Schmitz. (Benson, A.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.