Doe v. California Highway Patrol et al
Plaintiff: John Doe
Defendant: John I through X Does, Brian Barckely, Paul H. McCarthy, California Highway Patrol and Office of the Attorney General of California
Case Number: 3:2020cv05203
Filed: July 29, 2020
Court: US District Court for the Northern District of California
Presiding Judge: William Alsup
Referring Judge: Alex G Tse
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2020 Filing 20 STIPULATION Dismissal of Action filed by Brian Barckely, California Highway Patrol, Paul H. McCarthy. (Gowe, Michael) (Filed on 9/22/2020)
September 14, 2020 Filing 19 CLERK'S NOTICE CONSOLIDATING HEARINGS. Pursuant to the Stipulation of the parties at #18 , the hearing set for 10/8/2020 as to #15 MOTION to Dismiss DEFENDANT CALIFORNIA HIGHWAY PATROLS NOTICE OF MOTION AND MOTION TO DISMISS UNDER FRCP 12(b)(5) AND 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES is vacated. The Motion Hearing #15 and Initial Case Management Conference are consolidated to 10/29/2020 at 08:00 AM before Judge William Alsup. Responses due by 9/23/2020. Replies due by 9/30/2020. Case Management Statement due 10/22/2020. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 9/14/2020) Modified on 9/14/2020 (amd2S, COURT STAFF).
September 14, 2020 Set/Reset Deadlines as to #15 MOTION to Dismiss DEFENDANT CALIFORNIA HIGHWAY PATROLS NOTICE OF MOTION AND MOTION TO DISMISS UNDER FRCP 12(b)(5) AND 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES. Responses due by 9/23/2020. Replies due by 9/30/2020. Motion Hearing set for 10/29/2020 08:00 AM in San Francisco, Chambers before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 9/14/2020)
September 9, 2020 Filing 18 Defendant California Highway Patrols Amended Notice Of Motion And Stipulation To Hear Defendants Motion To Dismiss Under Frcp 12(B)(5) And 12(B)(6) On October 22, 2020 filed by California Highway Patrol. Motion Hearing set for 10/22/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/23/2020. Replies due by 9/30/2020. (Beatty, Christopher) (Filed on 9/9/2020)
August 26, 2020 Filing 17 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF re #15 DEFENDANT CALIFORNIA HIGHWAY PATROLS MOTION TO DISMISS UNDER FRCP 12(b)(5) AND 12(b)(6), re #16 Declaration in Support filed by California Highway Patrol. (Related document(s) #16 ) (Gowe, Michael) (Filed on 8/26/2020)
August 26, 2020 Filing 16 Declaration of Michael Gowe in Support of #15 DEFENDANT CALIFORNIA HIGHWAY PATROLS NOTICE OF MOTION AND MOTION TO DISMISS UNDER FRCP 12(b)(5) AND 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES DECLARATION OF MICHAEL GOWE IN SUPPORT OF DEFENDANT CALIFORNIA HIGHWAY PATROLS MOTION TO DISMISS UNDER FRCP 12(b)(5) AND 12(b)(6) filed by California Highway Patrol. (Related document(s) #15 ) (Gowe, Michael) (Filed on 8/26/2020)
August 26, 2020 Filing 15 DEFENDANT CALIFORNIA HIGHWAY PATROLS NOTICE OF MOTION AND MOTION TO DISMISS UNDER FRCP 12(b)(5) AND 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed by California Highway Patrol. Motion Hearing set for 10/8/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/9/2020. Replies due by 9/16/2020. (Gowe, Michael) (Filed on 8/26/2020)
August 14, 2020 Opinion or Order Filing 14 ORDER DENYING #3 PLAINTIFF'S MOTION FOR LEAVE TO AMEND TO FILE UNDER SEAL signed by Judge William Alsup.(whalc4, COURT STAFF) (Filed on 8/14/2020)
August 14, 2020 Opinion or Order Filing 13 NOTICE AND ORDER RE PUTATIVE CLASS ACTIONS AND FACTORS TO BE EVALUATED FOR ANY PROPOSED CLASS SETTLEMENT AND PROTOCOL FOR INTERVIEWING PUTATIVE CLASS MEMBERS signed by Judge William Alsup.(whalc4, COURT STAFF) (Filed on 8/14/2020)
August 12, 2020 Filing 12 CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT. The Initial Case Management Conference set for 10/30/2020 at 2:00 PM is advanced to 10/29/2020 at 11:00 AM. Case Management Statement due by 10/22/2020. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 8/12/2020)
August 11, 2020 Opinion or Order Filing 11 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 8/11/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/11/2020)
August 10, 2020 Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 8/10/2020)
August 10, 2020 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Highway Patrol.. (Gowe, Michael) (Filed on 8/10/2020)
August 5, 2020 Filing 8 SUMMONS Returned Executed by John Doe. Office of the Attorney General of California served on 8/5/2020, answer due 8/26/2020. (Nickerson, Bruce) (Filed on 8/5/2020)
August 5, 2020 Filing 7 SUMMONS Returned Executed by John Doe. California Highway Patrol served on 8/5/2020, answer due 8/26/2020. (Nickerson, Bruce) (Filed on 8/5/2020)
July 30, 2020 Filing 6 Summons Issued as to Defendant California Highway Patrol. (tnS, COURT STAFF) (Filed on 7/30/2020)
July 30, 2020 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 10/23/2020. Initial Case Management Conference set for 10/30/2020 at 2:00 PM in San Francisco, Courtroom A, 15th Floor. (tnS, COURT STAFF) (Filed on 7/30/2020)
July 29, 2020 Filing 4 Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/12/2020. (bwS, COURT STAFF) (Filed on 7/29/2020)
July 29, 2020 Filing 3 MOTION FOR LEAVE TO FILE Under Seal filed by John Doe. (Nickerson, Bruce) (Filed on 7/29/2020)
July 29, 2020 Filing 2 Proposed Summons. (Nickerson, Bruce) (Filed on 7/29/2020)
July 29, 2020 Filing 1 CLASS ACTION COMPLAINT FOR FALSE ARREST AND DISCRIMINATORY ENFORCEMENT; JURY TRIAL DEMANDED against Brian Barckely, California Highway Patrol, John I through X Does, Paul H. McCarthy, (Filing Fee: $400.00, receipt number 0971-14748981). Filed by John Doe. (Attachments: #(1) Civil Cover Sheet)(Nickerson, Bruce) (Filed on 7/29/2020) Modified on 7/30/2020 (tnS, COURT STAFF).

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Defendant: John I through X Does
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Defendant: Brian Barckely
Represented By: Michael D. Gowe
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Defendant: Paul H. McCarthy
Represented By: Michael D. Gowe
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Defendant: California Highway Patrol
Represented By: Michael D. Gowe
Represented By: Christopher David Beatty
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Defendant: Office of the Attorney General of California
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Plaintiff: John Doe
Represented By: Bruce William Nickerson
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