Barber v. City of Elk Grove et al
| James Barber |
| Elk Grove Police Department, Cody Nguyen, Bryan Gates and City of Elk Grove |
| 2:2024cv01913 |
| July 12, 2024 |
| U.S. District Court for the Eastern District of California |
| Allison Claire |
| Troy L Nunley |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on February 5, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 REPLY by City of Elk Grove, Elk Grove Police Department, Bryan Gates, Cody Nguyen re #6 Opposition to Motion. (Bittner, William) |
| Filing 7 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on August 16, 2024: On August 5, 2024, the Court ordered Plaintiff's counsel to show cause as to why he should not be sanctioned for failing to file a timely opposition to Defendants' pending motion to dismiss. (ECF No. 5.) The Court also ordered Plaintiff to file an opposition or statement of non-opposition. (Id.) On August 12, 2024, Plaintiff filed an opposition as ordered but did not respond to the Court's order to show cause regarding sanctions. Plaintiff's counsel's failure to respond to the order to show cause is not well-taken, and the Court cautions counsel to follow the Court's orders in the future. However, based on Plaintiff's filing of an opposition, the Court DISCHARGES the order to show cause. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 6 OPPOSITION by James Barber to #4 Motion to Dismiss. (Attachments: #1 Declaration of James Barber) (Baric, Steven) Modified on 8/13/2024 (Krueger, M). |
| Filing 5 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/5/2024 ORDERING Counsel for Plaintiff to SHOW CAUSE, in writing, no later than 8/12/2024 as to why he should not be sanctioned in the amount of $250 for failure to timely file an opposition or a statement of non-opposition to Defendants' Motion to Dismiss (ECF No. #4 ), pursuant to Local Rule 230(c) effective 8/7/2023. Plaintiff shall file an opposition to the motion, or statement of non-opposition by 8/12/2024. Failure to file an opposition to the motion will be deemed a statement of non-opposition thereto and may result in a recommendation that Defendants' motion be granted. Defendants may file a reply brief to Plaintiff's opposition, if any, in accordance with Local Rule 230(d). The motion will then stand SUBMITTED without oral argument. If Plaintiff intends to file an amended complaint, no response necessary. The Hearing set for 9/5/2024 is VACATED. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 4 MOTION to DISMISS by Defendants. Motion Hearing SET for 9/5/2024 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities) (Bittner, William) Modified on 7/22/2024 (Mena-Sanchez, L). |
| Filing 3 CERTIFICATE / PROOF of SERVICE by City of Elk Grove, Elk Grove Police Department, Bryan Gates, Cody Nguyen. (Bittner, William) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 24CV010155 by All Defendants. (Filing fee $ 405, receipt number ACAEDC-11630345) (Attachments: #1 Civil Cover Sheet) (Bittner, William) |
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