Forsythe et al v. Mukasey et al
Plaintiff: James W. Forsythe and Earlene Forsythe
Defendant: Michael Mukasey, Michael Leavitt, Andrew C. Von Eschenbach, Mark Gunderson, Robert Perlstein and John Zelinsky
Case Number: 3:2008cv05160
Filed: November 13, 2008
Court: US District Court for the Northern District of California
Office: Civil Rights: Other Office
County: XX US, Outside State
Presiding Judge: Edward M. Chen
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 42:1983 Civil Rights Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 25, 2010 Opinion or Order Filing 95 CLERK'S JUDGMENT : Dr. Gundersons motion to dismiss is hereby GRANTED, and the Second Amended Complaint is, as against said defendant, hereby DISMISSED without prejudice. The Court has previously dismissed the Forsythes claims against all other defendants. (tl, COURT STAFF) (Filed on 1/25/2010)
January 20, 2010 Opinion or Order Filing 94 ORDER GRANTING DEFENDANT GUNDERSON'S MOTION TO DISMISS; DISMISSING CLAIMS AGAINST GUNDERSON WITHOUT PREJUDICE; VACATING HEARING. Signed by Judge Maxine M. Chesney on January 20, 2010. (mmclc1, COURT STAFF) (Filed on 1/20/2010)
November 30, 2009 Opinion or Order Filing 92 ORDER GRANTING FEDERAL DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT; VACATING DECEMBER 4, 2009 HEARING. The claims alleged against the Federal Defendants are dismissed without leave to amend. Signed by Judge Maxine M. Chesney on November 30, 2009. (mmclc1, COURT STAFF) (Filed on 11/30/2009)
September 30, 2009 Opinion or Order Filing 80 ORDER. The Case Management Conference is continued from November 13, 2009 to January 29, 2010. The deadline for defendant Gunderson to respond to plaintiffs' Second Amended Complaint is October 13, 2009. Signed by Judge Maxine M. Chesney on September 30, 2009. (mmclc1, COURT STAFF) (Filed on 9/30/2009)
September 21, 2009 Opinion or Order Filing 78 ORDER APPROVING STIPULATION TO ENLARGE TIME FOR FEDERAL DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT. The Federal Defendants will have until October 13, 2009 to file a responsive pleading to the Second Amended Complaint. Signed by Judge Maxine M. Chesney on September 21, 2009. (mmclc1, COURT STAFF) (Filed on 9/21/2009)
September 4, 2009 Opinion or Order Filing 71 ORDER GRANTING PLAINTIFFS' MOTION FOR ENLARGEMENT OF TIME TO FILE SECOND AMENDED COMPLAINT. Plaintiffs shall file their Second Amended Complaint no later than September 15, 2009. Defendants shall file their responsive pleading no later than October 5, 2009. Signed by Judge Maxine M. Chesney on September 4, 2009. (mmclc1, COURT STAFF) (Filed on 9/4/2009)
August 14, 2009 Opinion or Order Filing 69 ORDER GRANTING FEDERAL DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT; DEFERRING RULING ON DEFENDANT GUNDERSON'S MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE. The First, Second, Third, Fourth, Seventh, Eighth, Ninth, Tent h, Eleventh, and Twelfth Claims for Relief, as alleged against the United States, are dismissed without prejudice. The Fifth and two Sixth Claims for Relief, as alleged against the United States, are dismissed with prejudice. All claims alleged again st Dr. Perlstein are dismissed without prejudice. The First, Third, Fourth, Seventh, Eighth, Ninth, Tenth, and Eleventh Claims for Relief, as alleged against Agent Zelinsky, are dismissed with prejudice. The Fifth and two Sixth Claims for Relief, as alleged against Agent Zelinsky, are dismissed with leave to amend; no later than September 4, 2009, the Forsythes shall file any Second Amended Complaint. The Court defers ruling on Dr. Gunderson's motion to dismiss. The Case Management Conference is continued from August 28, 2009 to November 13, 2009; a Joint Case Management Statement shall be filed no later than November 6, 2009. Signed by Judge Maxine M. Chesney on August 14, 2009.(mmclc1, COURT STAFF) (Filed on 8/14/2009)
June 19, 2009 Opinion or Order Filing 62 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. In light of the pending motions to dismiss, the Case Management Conference, currently scheduled for June 26, 2009, is continued to August 28, 2009. A Joint Case Management Statement shall be filed no later than August 21, 2009. Signed by Judge Maxine M. Chesney on June 19, 2009. (mmclc1, COURT STAFF) (Filed on 6/19/2009)
May 14, 2009 Opinion or Order Filing 52 ORDER AFFORDING PLAINTIFFS LEAVE TO FILE NOTICE IN RESPONSE TO CERTIFICATION FILED MAY 8, 2009. The Court affords the Forsythes leave to file, no later than May 26, 2009, a notice stating whether they intend to contest the certification filed May 8, 2009. In the event the Forsythes file a timely notice stating their intent to contest the certification, the Forsythes shall file, no later than June 22, 2009, supplemental opposition, and the Federal Defendants, no later than July 13, 2009, shall file any supplemental reply. Signed by Judge Maxine M. Chesney on May 14, 2009. (mmclc1, COURT STAFF) (Filed on 5/14/2009)
May 1, 2009 Opinion or Order Filing 50 ORDER VACATING MAY 8, 2009 HEARING. Signed by Judge Maxine M. Chesney on May 1, 2009. (mmclc1, COURT STAFF) (Filed on 5/1/2009)
April 28, 2009 Opinion or Order Filing 49 ORDER CONTINUING HEARING ON DEFENDANT GUNDERSON'S MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE. The hearing on Dr. Gunderson's motion to dismiss is continued from May 1, 2009 to May 8, 2009. The Case Management Conference, currently scheduled for May 1, 2009, is continued to June 26, 2009; a Joint Case Management Statement shall be filed no later than June 19, 2009. Signed by Judge Maxine M. Chesney on April 28, 2009. (mmclc1, COURT STAFF) (Filed on 4/28/2009)
April 14, 2009 Opinion or Order Filing 43 ORDER APPROVING STIPULATION TO EXTEND TIME TO FILE OPPOSITION TO DEFENDANT'S MOTOIN TO DISMISS. The deadline for plaintiffs to file opposition to defendant Gunderson's motion to dismiss is extended to April 15, 2009. Signed by Judge Maxine M. Chesney on April 14, 2009. (mmclc1, COURT STAFF) (Filed on 4/14/2009)
March 19, 2009 Opinion or Order Filing 31 ORDER DENYING AS MOOT FEDERAL DEFENDANTS' MOTION TO DISMISS INITIAL COMPLAINT; DENYING AS MOOT STIPULATION TO MODIFY BRIEFING SCHEDULE AND CONTINUE HEARING. Signed by Judge Maxine M. Chesney on March 19, 2009. (mmclc1, COURT STAFF) (Filed on 3/19/2009)
March 18, 2009 Opinion or Order Filing 30 ORDER DIRECTING PLAINTIFFS TO SUBMIT CHAMBERS COPIES IN COMPLIANCE WITH GENERAL ORDER 45 AND THE COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on March 18, 2009. (mmclc1, COURT STAFF) (Filed on 3/18/2009)
February 17, 2009 Opinion or Order Filing 24 ORDER GRANTING DEFENDANT GUNDERSON'S MOTION TO DISMISS; DISMISSING COMPLAINT WITH LEAVE TO AMEND; CONTINUING CASE MANAGEMENT CONFERENCE; VACATING HEARING. The complaint is, as against Dr. Gunderson, dismissed with leave to amend. Any First Amend ed Complaint shall be filed no later than March 6, 2009. The Case Management Conference is continued from February 20, 2009 to May 1, 2009; a Joint Case Management Statement shall be filed no later than April 24, 2009. Signed by Judge Maxine M. Chesney on February 17, 2009. (mmclc1, COURT STAFF) (Filed on 2/17/2009)
January 7, 2009 Opinion or Order Filing 14 ORDER EXTENDING TIME FOR FEDERAL DEFENDANTS TO FILE RESPONSIVE PLEADING. The federal defendants shall have until February 26, 2009 to file a responsive pleading. Signed by Judge Maxine M. Chesney on January 7, 2009. (mmclc1, COURT STAFF) (Filed on 1/7/2009)
January 6, 2009 Opinion or Order Filing 13 ORDER RE: TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION TO DISMISS. Pursuant to the parties' stipulation, plaintiff's opposition to defendant Mark Gunderson, M.D.'s motion to dismiss shall be filed no later than January 9, 2009. Signed by Judge Maxine M. Chesney on January 6, 2009. (mmclc1, COURT STAFF) (Filed on 1/6/2009)
December 22, 2008 Opinion or Order Filing 10 ORDER DIRECTING DEFENDANT MARK GUNDERSON TO SUBMIT CHAMBERS COPY IN COMPLIANCE WITH GENERAL ORDER 45 AND THE COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on December 22, 2008. (mmclc1, COURT STAFF) (Filed on 12/22/2008)
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Plaintiff: James W. Forsythe
Represented By: Marie C. Mirch
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Plaintiff: Earlene Forsythe
Represented By: Marie C. Mirch
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Defendant: Michael Mukasey
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Defendant: Michael Leavitt
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Defendant: Andrew C. Von Eschenbach
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Defendant: Mark Gunderson
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Defendant: Robert Perlstein
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Defendant: John Zelinsky
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