(PS) Olson v. Puckett et al
| Kimberly R. Olson |
| Robert Puckett, Sr., Clint Dingman, Michelle Hanson, Melissa Tulledo, Hornbrook Community Services District and Bruce's Towing/Radiator and Dismantling |
| 2:2021cv01482 |
| August 18, 2021 |
| US District Court for the Eastern District of California |
| Dennis M Cota |
| Kimberly J Mueller |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.
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Filing 46
EXHIBITS to [45-1] Declaration of J. Scott Donald by Clint Dingman, et al. (Donald, J.) Modified on 10/15/2021 (Huang, H).
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Filing 45
RESPONSE to #40 Objections to Findings and Recommendations by Clint Dingman, et al. (Attachments: #1 Declaration, #2 Proof of Service)(Donald, J.) Modified on 10/15/2021 (Huang, H).
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Filing 44
FIRST AMENDED COMPLAINT against Bruce's Towing/Radiator and Dismantling, Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo by Kimberly R. Olson. (Rodriguez, E)
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Filing 43
CERTIFICATE of SERVICE by Kimberly R. Olson re #40 Objections to Findings and Recommendations, #41 Declaration, #42 Declaration. (Rodriguez, E)
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Filing 42
DECLARATION of Kimberly R. Olson in support of #29 Objections to Findings and Recommendations. (Rodriguez, E)
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Filing 41
DECLARATION of Marci Buttram in support of #29 Objections to Findings and Recommendations. (Rodriguez, E)
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Filing 40
OBJECTIONS to #29 FINDINGS and RECOMMENDATIONS and REQUEST FOR DISCOVERY by Plaintiff Kimberly R. Olson. (Rodriguez, E)
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Filing 39
NOTICE of APPEARANCE by Jeffrey Chiao on behalf of Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo. Attorney Chiao, Jeffrey added. (Chiao, Jeffrey)
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Filing 38
ORDER signed by Magistrate Judge Dennis M. Cota on 09/23/21 VACATING the 01/05/22 Scheduling Conference pending resolution of Defendants' amended motion to dismiss. (Benson, A.)
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SERVICE BY MAIL: #38 Order served on Kimberly R. Olson. (Benson, A.)
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Filing 37
REQUEST FOR ENTRY OF DEFAULT DECLINED as to Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo. The clerk hereby declines to enter #33 Request for Entry of Default filed by Kimberly R. Olson due to pending Motion to Dismiss. (TEXT ONLY) (Mena-Sanchez, L)
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SERVICE BY MAIL: 37 Clerk's Decline of Entry of Default, served on Kimberly R. Olson. (Mena-Sanchez, L)
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Filing 36
TRANSCRIPT of Proceedings held on 09/14/2021, before Magistrate Judge Dennis M. Cota, filed by ECRO Danielle Weisel on behalf of Crystal Thomas, Echo Reporting, Inc., Phone number 916-930-4072 E-mail dweisel@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/15/2021. Redacted Transcript Deadline set for 10/22/2021. Release of Transcript Restriction set for 12/20/2021. (Weisel, D)
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Filing 35
NOTICE OF LODGING DOCUMENT(S) IN PAPER by Kimberly R. Olson: HCSD bylaws. (Mena-Sanchez, L)
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Filing 34
NOTICE OF LODGING DOCUMENT(S) IN PAPER by Kimberly R. Olson: HCSD operation policies. (Mena-Sanchez, L)
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Filing 33
REQUEST FOR ENTRY OF DEFAULT as to Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo by Kimberly R. Olson. (Mena-Sanchez, L)
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Filing 32
MEMORANDUM by Kimberly R. Olson re (#24) Motion Hearing. (Reader, L)
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Filing 31
AMENDED #30 MOTION to DISMISS by Clint Dingman, et al., Motion Hearing set for 11/3/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Points and Authorities)(Donald, J.)
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Filing 30
MOTION to DISMISS by Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo. Motion Hearing set for 11/3/2021 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Points and Authorities in Support of Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. Pr. 12(b)(6), #2 Declaration of J. Scott Donald in Support of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. Proc. 12(B)(6))(Donald, J.)
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Filing 29
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 09/17/21 RECOMMENDING that the #3 Motion for Preliminary Injunction be granted to the extent HCSD must provide Olson with water in compliance with internal rules and all other applicable state and local laws. HCSD be ordered to return Olson's water meter and attach a flow restrictor to it, limiting Olson's household to 200 gallons of water per day, or whatever generally applicable use restrictions HCSD enacts in order to conserve water. HCSD provide all required time periods between any notice of violation and any adverse action not covered by the order granting injunctive relief. HCSD be permitted to take regular readings of Olson's water meter and undertake any routine or emergency maintenance necessary. Olson be ordered not to tamper with or obstruct her water meter or the attached flow regulator, except to the extent an emergency situation requires maintenance of the meter. Olson should further be ordered to comply with all lawful directives from law enforcement, including orders to remove illegal obstructions to her water meter. Olson should further be ordered not to interfere with HCSD officials undertaking lawful, routine duties concerning her water meter. Olson be ordered to comply with all HCSD restrictions, including usage limits and restrictions on outdoor watering via the HCSD water system. That this order takes the form of a Preliminary Injunction, in force until such time as the District Court addresses the applicability of a permanent injunction, or alternatively, denies further injunctive relief. Referred to Judge Kimberly J. Mueller; Objections to F&Rs due within 14 days. (Benson, A.)
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Filing 28
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/17/2021: The court is in receipt of Defendants' Motion to Dismiss, ECF No. #27 . The motion, as filed, is defective. Defendants are directed to comply with Local Rules 302(c)(21) and 230(a) and re-notice the motion before the assigned Magistrate Judge. Accordingly, the 11/19/2021 Motion Hearing set before Chief District Judge Kimberly J. Mueller is VACATED. (Text Only Entry)(Schultz, C)
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SERVICE BY MAIL and EMAIL: #29 Findings and Recommendations served on Kimberly R. Olson. (Benson, A.)
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SERVICE BY MAIL: Minute Order, filed at ECF No. 28 , served on Kimberly R. Olson. (Schultz, C)
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Filing 27
MOTION to DISMISS by Clint Dingman et al. Motion Hearing set for 11/19/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Points and Authorities, #2 Declaration of J. Scott Donald)(Donald, J.) Modified on 9/17/2021 (Coll, A).
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Filing 26
DECLARATION of Robert Puckett, Sr. in support of #17 Opposition. (Donald, J.) Modified on 9/17/2021 (Coll, A).
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Filing 25
TRANSCRIPT REQUEST by Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo for proceedings held on 09/14/2021 before Judge Cota. Court Reporter ECRO Jonathan Anderson. (Donald, J.)
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Filing 24
MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis M. Cota: MOTION HEARING held on 9/14/2021. The motion for temporary restraining order was submitted after oral argument. Plaintiff Kimberly Olson telephonically present. Defendants' Counsel J. Scott Donald present. (Pine, C)
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SERVICE BY MAIL: 24 Motion Hearing, served on Kimberly R. Olson. (Pine, C)
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Filing 23
CERTIFICATE of SERVICE by Kimberly R. Olson re #21 Exhibit, #20 Reply, #22 Declaration. (Rodriguez, E)
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Filing 22
DECLARATION of Randall Scheimer in re #3 Motion for TRO. (Rodriguez, E)
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Filing 21
EXHIBITS in support of #20 Reply to Opposition by Kimberly R. Olson . (Rodriguez, E)
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Filing 20
REPLY to #17 Opposition by Kimberly R. Olson . (Rodriguez, E)
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Filing 18
ORDER signed by Magistrate Judge Dennis M. Cota on 9/8/21 DENYING #17 Request for an Extension of Time. Defendants shall be prepared to present to the Court their arguments at the September 14, 2021, hearing, which remains on calendar as scheduled. The Clerk of the Court is directed to serve a copy of this order on Plaintiff by email. (Kaminski, H)
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Filing 17
OPPOSITION by Clint Dingman, et al., to #3 Motion for TRO. Attorney Donald, J. Scott added. (Attachments: #1 Declaration of Clint Dingman, #2 Declaration of J. Scott Donald, #3 Declaration of Melissa Tuelledo, #4 Declaration of Michele Hanson, #5 Declaration of Robert Puckett, Sr.)(Donald, J.) Modified on 9/7/2021 (Benson, A.).
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Filing 16
REQUEST FOR ACCOMMODATION - ADA re #12 Order by Kimberly R. Olson. (Rodriguez, E)
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Filing 15
SUMMONS RETURNED EXECUTED: Clint Dingman served on 8/26/2021, answer due 9/16/2021; Michelle Hanson served on 8/26/2021, answer due 9/16/2021; Hornbrook Community Services District served on 8/26/2021, answer due 9/16/2021; Robert Puckett, Sr served on 8/26/2021, answer due 9/16/2021; Melissa Tulledo served on 8/26/2021, answer due 9/16/2021. (Rodriguez, E)
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Filing 14
NOTICE OF COMPLIANCE re #8 Order and SUBMISSION OF COMPLETED SUMMONS RETURNS by Kimberly R. Olson. (Rodriguez, E)
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Filing 13
CERTIFICATE of SERVICE by Kimberly R. Olson re #4 Declaration, #3 Motion for TRO. (Kastilahn, A)
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Filing 12
ORDER signed by Magistrate Judge Dennis M. Cota on 08/26/21 ORDERING Defendants to SHOW CAUSE in writing by 5:00 p.m. on 09/03/21, why Plaintiff's #3 Motion for preliminary injunctive relief should not be granted; Plaintiff may file a reply by 5:00 p.m. on 09/08/21; the matter is SET for hearing 9/14/2021 at 01:00 PM in Redding (DMC) before Magistrate Judge Dennis M. Cota; the Court sua sponte authorizes Plaintiff to appear by telephone; to avoid unnecessary expense to Plaintiff, the Court will initiate Plaintiff's telephonic appearance. Plaintiff's failure to be available at the time the Court initiates the telephone call shall be deemed waiver of the right to be heard and the matter will be submitted on the papers without oral argument. Defendants or their counsel shall appear in person unless prior approval for a telephonic appearance is granted. Clerk to serve by mail this order and the Court's docket sheet on Defendants at: P.O. Box 29, Hornbrook, CA, 96044 and email Defendants at: hornbrookcsd@gmail.com. Clerk to serve by email this order and the Court's docket sheet on Plaintiff at: kimberlyrenee@yahoo.com. (Benson, A.)
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SERVICE BY MAIL and EMAIL: #12 Order and Docket served on Kimberly R. Olson at kimberlyrenee@yahoo.com. and Defendants at P.O. Box 29, Hornbrook, CA, 96044 and at hornbrookcsd@gmail.com. (Benson, A.)
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Filing 11
CERTIFICATE of SERVICE by Kimberly R. Olson re #3 Motion for TRO. (Kastilahn, A)
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Filing 10
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/5/2022 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. (Attachments: #1 Consent Form) (Benson, A.)
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Filing 9
SUMMONS ISSUED as to *Bruce's Towing/Radiator and Dismantling, Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo* with answer to complaint due within *21* days. Attorney *Kimberly R. Olson* *P.O. Box 243* *Hornbrook, CA 96044*. (Benson, A.)
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Filing 8
ORDER signed by Magistrate Judge Dennis M. Cota on 08/23/21 that service is appropriate for service by the U.S. Marshal without pre-payment of costs; Clerk to issue summons, new case documents, and scheduling order and send plaintiff 6 USM-285 forms, summons and copy of complaint. Plaintiff shall complete and submit service documents to the USM within 15 days and file a statement with the court regarding the submission of documents within 20 days. USM is directed to serve process within 90 days. (Benson, A.)
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Filing 7
ORDER signed by Magistrate Judge Dennis M. Cota on 08/23/21 ORDERING Plaintiff to serve a copy of her #3 Motion for preliminary injunctive relief and #4 supporting declaration on all defendants no later than 5:00 p.m. 08/25/21 and then plaintiff shall file a copy of a proof of service of her motion and supporting declaration on all defendants no later than 5:00 p.m. on 08/31/21. (Benson, A.)
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Filing 6
ORDER signed by Magistrate Judge Dennis M. Cota on 08/23/21 GRANTING #2 Motion to Proceed IFP; plaintiff's complaint, and service thereof by USM if appropriate, will be addressed separately. (Benson, A.)
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SERVICE BY MAIL: #6 Order on IFP, #7 Order, #8 Order, #9 Summons, #10 Civil New Case Documents for KJM, 6 USM-285 forms and #1 Complaint served on Kimberly R. Olson. Because of service deadline in #7 Order, Orders #6 , #7 , #8 orders emailed to plaintiff at: kimberlyrenee@yahoo.com. (Benson, A.)
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Filing 5
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 8/20/2021: Plaintiff's Motion for a Temporary Restraining Order, ECF No. #3 , is REFERRED to Magistrate Judge Dennis M. Cota. (Text Only Entry)(Schultz, C)
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SERVICE BY MAIL: Minute Order filed at ECF No. 5, served on Kimberly R. Olson. (Schultz, C)
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APPLICATION TO PROCEED IFP filed - Court Action Required. (Rodriguez, E)
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Filing 4
DECLARATION of Kimberly R. Olson IN SUPPORT re: #3 Motion for TRO. (Rodriguez, E)
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Filing 3
MOTION for TEMPORARY RESTRAINING ORDER by Kimberly R. Olson. (Rodriguez, E)
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Filing 2
MOTION to PROCEED IN FORMA PAUPERIS by Kimberly R. Olson. (Rodriguez, E)
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Filing 1
COMPLAINT against Bruce's Towing/Radiator and Dismantling, Clint Dingman, Michelle Hanson, Hornbrook Community Services District, Robert Puckett, Sr, Melissa Tulledo by Kimberly R. Olson. (Attachments: #1 Civil Cover Sheet)(Rodriguez, E) Modified on 8/19/2021 (Rodriguez, E).
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