Doe v. Butte County Probation Dept. et al

Plaintiff: John Doe and Richard Roe
Defendant: Butte County Probation Department, Roxanne Lara and Dawn Horowitz-Person
Case Number: 2:2020cv02248
Filed: November 9, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Dennis M Cota
Referring Judge: Troy L Nunley
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1343
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2021 Filing 33 AMENDED DOCUMENT by John Doe: Amended #11 Affidavit. (Lund, Susannah)
January 7, 2021 Filing 32 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/7/2021: The Court has reviewed the parties' joint stipulation and supporting documents to seal or redact records. (ECF No. #21 .) Pursuant to Federal Rule of Civil Procedure 5.2 and Federal Rule of Criminal Procedure 49.1, the stipulated order of the parties, and good cause appearing, the parties' Stipulation is hereby GRANTED. The Clerk of the Court is directed to SEAL Plaintiff's Amended Affidavit of Attempt to Notice Defendants (ECF No. #11 ), and Plaintiff is directed to re-file a redacted version of this document. (Text Only Entry) (Krueger, M)
January 6, 2021 Filing 31 REQUEST for JUDICIAL NOTICE by John Doe in re #30 Motion for Preliminary Injunction. (Attachments: #1 Declaration of Susannah Lund, #2 Notice of Request to Seal, #3 Proposed Order to Seal)(Lund, Susannah)
January 6, 2021 Filing 30 MOTION for PRELIMINARY INJUNCTION by John Doe. Motion Hearing set for 2/4/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities, #2 Proposed Order)(Lund, Susannah)
January 6, 2021 Filing 29 ORDER SEALING DOCUMENTS signed by District Judge Troy L. Nunley on 1/5/2021 GRANTING #22 , #23 Requests to seal. The Clerk of the Court is directed to SEAL Defendants' Response to Order to Show Cause Re: Preliminary Injunction and Opposition to Pseudonym Motion. (ECF No. 19.) The document shall remain under seal until the Court's 12/9/2020 Temporary Restraining Order expires or the Court issues an order on Plaintiffs request for preliminary injunction, whichever is sooner.(Mena-Sanchez, L)
January 6, 2021 Filing 28 ORDER signed by District Judge Troy L. Nunley on 01/05/21; GRANTING #2 Motion to Proceed Under Pseudonyms and to Redact or Seal Identifying Documents as follows: The parties are directed to only refer to Plaintiffs by the pseudonyms "John Doe," and "Minors A, B, and C" in all filings for this action, with the proviso that the public will not be prevented from observing the proceedings or rulings of the Court. Plaintiff's request to file under seal any document revealing Plaintiffs' true identities is also GRANTED, with the clarification that, to the extent Plaintiffs' true identities can be protected through redaction alone, documents must be redacted instead of sealed. No document filed under seal shall be open to inspection, expect as provided herein. Pursuant to this Order, Defendants may review the sealed documents and may only reveal Plaintiffs' true identities (or any information or distinguishing characteristics which could reveal Plaintiffs' true identities) to attorneys litigating this case on their behalf. Defendants and their attorneys shall take all reasonable measures to prevent public disclosure of Plaintiffs' true identities. Any party that believes a document has been sealed or redacted improperly may file a motion to unseal or to delete redactions. The Court on its own motion may direct a party to show cause as to why a document should not be unsealed or redactions deleted. Plaintiff's Motion for PI is GRANTED and the PI is hereby DISCHARGED. (Benson, A.)
December 30, 2020 Filing 27 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 12/30/2020: On the Court's own motion, Plaintiff's Motion to Proceed Under Pseudonym (ECF No. #2 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 1/7/2021 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M)
December 28, 2020 Filing 26 REPLY by John Doe to #20 #25 Statements of Non-Opposition. (Lund, Susannah) Modified on 12/29/2020 (Coll, A).
December 28, 2020 Filing 25 STATEMENT of NON-OPPOSITION by Butte County Probation Department, Roxanne Lara to #2 Motion to Proceed under Pseudonym. (Horan, Stephen) Modified on 12/29/2020 (Coll, A).
December 22, 2020 Filing 24 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 12/22/2020: The Court is in receipt of Plaintiff's "Request to Seal Documents and Request for Sanctions." (ECF No. #22 .) Plaintiff's Request to Seal Documents will be addressed in a separate order. Plaintiff's Request for Sanctions, which the Court construes as a Motion for Sanctions, is hereby STRICKEN without prejudice to refiling as a properly-noticed motion. The parties are reminded that all future filings must comply with the requirements set forth under the Local Rules and Federal Rules of Civil Procedure. (Text Only Entry) (Krueger, M)
December 22, 2020 Filing 23 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Butte County Probation Department, Roxanne Lara. (Horan, Stephen)
December 21, 2020 Filing 22 REQUEST to Seal Documents and Sanction by John Doe re #19 Response, #18 Order to Show Cause, Order on Motion for TRO. (Attachments: #1 Proposed Order)(Lund, Susannah) Modified on 12/22/2020 (Mena-Sanchez, L).
December 21, 2020 Filing 21 STIPULATION and PROPOSED ORDER for Seal Records Containing Defendant's Home Address by Dawn Horowitz-Person. (Attachments: #1 Proposed Order, #2 Proof of Service)(Gates, Raymond)
December 21, 2020 Filing 20 STATEMENT of NON-OPPOSITION by Dawn Horowitz-Person to #2 Motion. Attorney Gates, Raymond R. added. (Attachments: #1 Proof of Service)(Gates, Raymond) Modified on 12/22/2020 (Mena-Sanchez, L).
December 21, 2020 Filing 19 RESPONSE by Defendants to #2 Motion, #18 Order to Show Cause, Order on Motion for TRO. (Horan, Stephen) Modified on 12/22/2020 (Mena-Sanchez, L).
December 9, 2020 Filing 18 ORDER signed by District Judge Troy L. Nunley on 12/9/2020 DENYING IN PART without prejudice #10 Motion for TRO with respect to plaintiff's request to enjoin BCPD and Laras enforcement of his special PRCS conditions; GRANTING IN PART #10 Motion for TRO with respect to plaintiff's request to temporarily enjoin Defendants from revealing Plaintiff's identity and to permit Plaintiff and Minors A, B, and C to proceed under pseudonym; and DIRECTING defendants to SHOW CAUSE in writing by 12/21/2020 why an Order for Preliminary Injunction should not be granted pending briefing and disposition of #2 Pseudonym Motion with plaintiff's reply due by 12/28/2020. The TRO shall remain in effect for 28 days or until an order on Plaintiff's request for preliminary injunction issues, whichever is sooner. (Coll, A)
December 8, 2020 Filing 17 SEALED EVENT. (Huang, H)
December 8, 2020 Filing 16 ORDER signed by District Judge Troy L. Nunley on 12/7/2020 SEALING Exhibits 1-5, submitted alongside [10-2] Declaration in Support of Motion for TRO until further order of this Court. (Huang, H)
December 3, 2020 Filing 15 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on December 3, 2020: The Court is in receipt of Defendants Butte County Probation Department and Roxanne Lara's ex parte Application for Extension of time to File Responsive Pleadings. (ECF No. #13 .) Having reviewed the Application and declaration of counsel filed in support thereof, and good cause appearing, the Court hereby GRANTS the Application as follows: Defendants Butte County Probation Department and Roxanne Lara shall have until January 11, 2021, to submit an answer or other responsive pleading to Plaintiffs Complaint. This Order is not applicable to Defendant Dawn Horowitz-Person, who did not join the instant request and has not appeared in this matter. The Court further clarifies a point of confusion that was apparent from Defendants' filing: Plaintiffs' Motion to Proceed Under Pseudonyms and to Redact or Seal Identifying Documents (ECF No. #2 ) is currently set for hearing on January 7, 2021. (See ECF No. #7 .) At this time, no hearing date has been set for Plaintiffs' ex parte Motion for Temporary Restraining Order. (TEXT ONLY ENTRY) (Krueger, M)
December 1, 2020 Filing 14 OPPOSITION by John Doe to #13 Ex Parte Application. (Lund, Susannah)
November 30, 2020 Filing 13 EX PARTE APPLICATION for EXTENSION of TIME by Butte County Probation Department, Roxanne Lara. Attorney Horan, Stephen E. added. (Horan, Stephen) Modified on 12/1/2020 (Coll, A).
November 25, 2020 Filing 12 SUMMONS RETURNED EXECUTED: Roxanne Lara served on 11/23/2020. (Lund, Susannah)
November 24, 2020 Filing 11 AMENDED #11 AFFIDAVIT of Attempt to Notice Defendants by John Doe. (Lund, Susannah) Modified on 11/25/2020 (Kastilahn, A).
November 18, 2020 Filing 10 MOTION for TEMPORARY RESTRAINING ORDER by John Doe. (Attachments: #1 Memorandum, #2 Affidavit of Irreparable Harm, #3 Notice of Request to Seal Documents, #4 Affidavit of Attempt to Notice Defendants, #5 Proposed Order for TRO, #6 Proposed Order Setting Hearing for Preliminary Injunction)(Lund, Susannah)
November 18, 2020 Filing 9 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/18/2020: Pursuant to the Notice of Voluntary Dismissal (EC No. #8 ), Plaintiff Richard Roe (on behalf of Minor A, Minor B, and Minor C) is hereby DISMISSED without prejudice. (Text Only Entry) (Krueger, M)
November 18, 2020 Filing 8 NOTICE of VOLUNTARY DISMISSAL by Richard Roe, on behalf of Minors A, B, and c only. (Lund, Susannah) Modified on 11/20/2020 (Benson, A.).
November 18, 2020 Filing 7 NOTICE of MOTION HEARING on #2 Motion to Proceed Under Pseudonyms; Redact or Seal by John Doe, Richard Roe. Motion Hearing SET for 1/7/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Lund, Susannah) Modified on 11/19/2020 (Mena-Sanchez, L).
November 18, 2020 Filing 6 SUMMONS RETURNED EXECUTED: Dawn Horowitz-Person served on 11/16/2020. (Lund, Susannah) Modified on 11/19/2020 (Mena-Sanchez, L).
November 18, 2020 Filing 5 SUMMONS RETURNED EXECUTED: Butte County Probation Department served on 11/12/2020. (Lund, Susannah) Modified on 11/19/2020 (Mena-Sanchez, L).
November 10, 2020 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.)
November 10, 2020 Filing 3 SUMMONS ISSUED as to *Butte County Probation Department, Dawn Horowitz-Person, Roxanne Lara* with answer to complaint due within *21* days. Attorney *Susannah Mary Lund* *Law Office of Susannah M. Lund* *702 Mangrove Ave., Suite 320* *Chico, CA 95926*. (Benson, A.)
November 10, 2020 Filing 2 MOTION TO PROCEED UNDER PSEUDONYMS and to REDACT OR SEAL IDENTIFYING DOCUMENTS by John Doe, Richard Roe. (Attachments: #1 Declaration of John Doe, #2 Declaration of Richard Roe, #3 Proposed Order)(Lund, Susannah)
November 9, 2020 Filing 1 COMPLAINT against All Defendants by John Doe, Richard Roe. Attorney Lund, Susannah Mary added. (Filing fee $ 400, receipt number 0972-9231009) (Attachments: #1 Civil Cover Sheet)(Lund, Susannah)

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Defendant: Butte County Probation Department
Represented By: Stephen E. Horan
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Defendant: Roxanne Lara
Represented By: Stephen E. Horan
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Defendant: Dawn Horowitz-Person
Represented By: Raymond R. Gates
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Plaintiff: John Doe
Represented By: Susannah Mary Lund
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Plaintiff: Richard Roe
Represented By: Susannah Mary Lund
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