(PS) Osborne v. Tracy Police Dept et al
| Michelle Osborne |
| Maria Quiros, Steve Clayton, Crystal Sheivin, Scott Muir, Tracy Police Department, Kristina Allen, Brett Hicks, McKenna Stevenson-Umpad, Derek Perry, Brian Azevedo and Jose Calvache |
| 2:2020cv01805 |
| September 8, 2020 |
| US District Court for the Eastern District of California |
| John A Mendez |
| Kendall J Newman |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/30/2020 RECOMMENDING that #9 Motion to Proceed In Forma Pauperis be denied as moot; that #12 Motion to Dismiss be granted; that the state-law, Title VII, and Monell claims be dismissed with prejudice; that the Section 1983 claims be dismissed without prejudice; and that Plaintiff be granted 21 days to amend her Section 1983 claims against the individual officers. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Huang, H) |
| SERVICE BY MAIL: #18 Findings and Recommendations served on Michelle Osborne. (Huang, H) |
| Filing 17 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 10/28/2020: On the Court's own motion, the hearing on the Defendant's Motion to Dismiss is RESET for 10/29/2020 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The hearing will take place by remote means (Zoom) and parties have received the instructions on to appear by the Court. The plaintiff has confirmed attendance for the 9:00 AM start time for 10/29/2020 with the Courtroom Deputy for Magistrate Judge Newman. (TEXT ONLY ENTRY) (Waldrop, A) |
| SERVICE BY MAIL: 17 Minute Order served on Michelle Osborne. Zoom Appearance Instructions for 10/29/2020 at 9:00 AM emailed to plaintiff and defense counsel as courtesy. (Waldrop, A) |
| Filing 16 CERTIFICATE of SERVICE by Michelle Osborne re #13 Opposition to Motion. (Coll, A) |
| Filing 15 REPLY by Kristina Allen et al to #13 Opposition to Motion. (Praet, Bruce) |
| Filing 14 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 10/21/2020: The 10/29/2020 hearing on defendant's Motion to Dismiss (ECF No. #12 ) is CONFIRMED. The hearing will take place by remote means (Zoom). Defense counsel will receive instructions via email and plaintiff by mail from the Court no how to appear by Zoom. Defense counsel shall also attempt to follow up with plaintiff to confirm receipt Zoom instructions. (TEXT ONLY ENTRY) (Waldrop, A) |
| SERVICE BY MAIL: 14 Minute Order served on Michelle Osborne. Zoom instructions also mailed to plaintiff. (Waldrop, A) |
| Filing 13 OPPOSITION by Michelle Osborne to #12 Motion to Dismiss. (Mena-Sanchez, L) |
| Filing 12 MOTION to DISMISS by Kristina Allen, Brian Azevedo, Jose Calvache, Steve Clayton, Brett Hicks, Scott Muir, Derek Perry, Maria Quiros, Crystal Sheivin, McKenna Stevenson-Umpad, Tracy Police Department. Motion Hearing set for 10/29/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Proposed Order)(Praet, Bruce) |
| Filing 11 CERTIFICATE of SERVICE by Michelle Osborne re #7 Response. (York, M) |
Filing 10
ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2020 DENYING without prejudice as moot #4 defendant's Motion to Dismiss and VACATING the hearing. (Kastilahn, A)
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| SERVICE BY MAIL: #10 Order served on Michelle Osborne. (Kastilahn, A) |
| Filing 9 MOTION to PROCEED IN FORMA PAUPERIS by Michelle Osborne. (York, M) |
| Filing 8 FIRST AMENDED COMPLAINT against All Defendants by Michelle Osborne.(York, M) |
| Filing 7 RESPONSE by Michelle Osborne in OPPOSITION to #4 Motion to Dismiss. (York, M) |
| Filing 6 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. (Praet, Bruce) |
| Filing 5 CERTIFICATE OF SERVICE of #1 Notice of Removal by Tracy Police Department. (Praet, Bruce) Modified on 9/10/2020 (Coll, A). |
| Filing 4 MOTION to DISMISS by Tracy Police Department. Motion Hearing set for 10/15/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Proposed Order)(Praet, Bruce) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED Initial Scheduling Conference set for 2/11/2021 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Consent Form) (Benson, A.) |
| Filing 2 CIVIL COVER SHEET by all defendants (Praet, Bruce) |
| Filing 1 NOTICE of REMOVAL from San Joaquin County Superior Court, case number VCU282031 by all Defendants. (Filing fee $ 400, receipt number 0972-9102773)(Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certification of Interested Parties)(Praet, Bruce) |
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