Promise Public Schools, Inc. v. San Jose Unified School District et al
| Promise Public Schools, Inc. |
| Carla Collins, Teresa Castellanos, Jose Magana, Nancy Albarran, Stephen McMahon, Kimberly Meek, San Jose Unified School District and Brian Wheatley |
| 3:2020cv08555 |
| December 3, 2020 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Nathanael M Cousins |
| Contract: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 25 REPLY (re #20 Amended MOTION to Dismiss Notice of Motion and Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss, #19 MOTION to Dismiss Federal Rule of Civil Procedure 12(B)(6) ) filed bySan Jose Unified School District. (Yeh, John) (Filed on 1/26/2021) |
| Filing 24 OPPOSITION/RESPONSE (re #20 Amended MOTION to Dismiss Notice of Motion and Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss ) filed byPromise Public Schools, Inc.. (Attachments: #1 Objection to SJUSD's RJBN, #2 Objections to Dec of S. McMahon, #3 RJN ISO, #4 Proof of Service)(Smith, John) (Filed on 1/14/2021) |
| Filing 23 CLERK'S NOTICE RESETTING MOTION TO DISMISS HEARING AND VACATING THE HEARING SET FOR FEBRUARY 4, 2021. Motion Hearing reset for 2/11/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.)This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than February 9, 2021 at 3:00 PM PST.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 2/11/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAF F) (Filed on 1/4/2021) |
Filing 22
STIPULATION AND ORDER to Enlarge Time to Respond to Motion to Dismiss by Judge Charles R. Breyer: Granting #21 Stipulation. (lsS, COURT STAFF) (Filed on 1/4/2021)
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| Set/Reset Deadlines as to #20 Amended MOTION to Dismiss Notice of Motion and Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss. Responses due by 1/14/2021. Replies due by 1/26/2021. Motion Hearing set for 2/11/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 1/4/2021) |
| Filing 21 STIPULATION WITH PROPOSED ORDER Stipulated Req to Enlarge Time to Resp to Mtn to Dismiss filed by Promise Public Schools, Inc.. (Slabach, S) (Filed on 12/23/2020) |
| Filing 20 Amended MOTION to Dismiss Notice of Motion and Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss filed by San Jose Unified School District. Motion Hearing set for 2/4/2021 10:00 AM before Judge Charles R. Breyer. Responses due by 1/5/2021. Replies due by 1/12/2021. (Yeh, John) (Filed on 12/22/2020) |
| Filing 19 MOTION to Dismiss Federal Rule of Civil Procedure 12(B)(6) filed by San Jose Unified School District. Motion Hearing set for 2/4/2021 10:00 AM in Do Not Use Videoconference Only before Judge Charles R. Breyer. Responses due by 1/4/2021. Replies due by 1/11/2021. (Attachments: #1 Declaration Declaration of Stephen McMahon in Support of Defendants' Motion to Dismiss, #2 Appendix Defendants' Request for Judicial Notice in Support of Motion to Dismiss, #3 Proposed Order [Proposed] Order Defendants' Motion to Dismiss, #4 Certificate/Proof of Service Certificate of Service)(Yeh, John) (Filed on 12/18/2020) |
| Filing 18 CLERK'S NOTICE: A Joint Case Management Statement due by 3/26/2021. Initial Case Management Conference set for 4/2/2021 at 8:30 AM in San Francisco - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 12/18/2020) |
| Filing 17 Case Reassigned to Judge Judge Charles R. Breyer.. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 12/18/2020) |
| Filing 16 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 12/18/2020) |
| Filing 15 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/17/2020) |
| Filing 14 CERTIFICATE OF SERVICE by San Jose Unified School District re #13 Consent/Declination to Proceed Before a US Magistrate Judge (Yeh, John) (Filed on 12/17/2020) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by San Jose Unified School District.. (Yeh, John) (Filed on 12/17/2020) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Promise Public Schools, Inc... (Slabach, S) (Filed on 12/17/2020) |
| Filing 11 CERTIFICATE OF SERVICE by San Jose Unified School District re #1 Notice of Removal, (Attachments: #1 Notice to Adverse Party in State Court)(Aker, Gregory) (Filed on 12/7/2020) |
| Filing 10 CERTIFICATE OF SERVICE by San Jose Unified School District re #1 Notice of Removal, (Aker, Gregory) (Filed on 12/4/2020) |
| Filing 9 AMENDED COMPLAINT for Damages against Nancy Albarran, Stephen McMahon, San Jose Unified School District. Filed byPromise Public Schools, Inc.. (Slabach, S) (Filed on 12/4/2020) |
| Filing 8 Certificate of Interested Entities by Promise Public Schools, Inc. Certification of Interested Entities or Persons (Slabach, S) (Filed on 12/4/2020) |
| Filing 7 AMENDED DOCUMENT by Promise Public Schools, Inc.. First Amended Complaint for Damages. (Slabach, S) (Filed on 12/4/2020) |
| #Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety as Amended Complaint. Re: #7 Amended Document filed by Promise Public Schools, I nc. (sfbS, COURT STAFF) (Filed on 12/4/2020) |
| Filing 6 CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge 12/17/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/3/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/24/2021. Initial Case Management Conference set for 3/3/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 12/3/2020) |
| Filing 4 Certificate of Interested Entities by San Jose Unified School District re #1 Notice of Removal, (Aker, Gregory) (Filed on 12/3/2020) |
| Filing 3 NOTICE of Pendency of Other Action or Proceeding by San Jose Unified School District (Aker, Gregory) (Filed on 12/3/2020) Modified on 12/3/2020 (sfbS, COURT STAFF). |
| Filing 2 Case assigned to Judge Nathanael M. Cousins. 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 12/17/2020. (asS, COURT STAFF) (Filed on 12/3/2020) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 20CV370954. (Filing fee $402 receipt number 0971-15269212). Filed bySan Jose Unified School District. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Aker, Gregory) (Filed on 12/3/2020) |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #3 Notice of Pendency of Other Action Involving Sa me Patent filed by San Jose Unified School District (sfbS, COURT STAFF) (Filed on 12/3/2020) |
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