Sinsukthaworn et al v. City of Calistoga et al
| Kochagorn Sinsukthaworn and James Hopkins |
| City of Calistoga, City of St. Helena, County of Napa, California Highway Patrol, City of Napa, NAPA COUNTY SHERIFFS OFFICE, NAPA COUNTY DISTRICT ATTORNEYS OFFICE, Napa Police Department, Napa Special Investigations Bureau (N.I.S.B.), NAPA COUNTY PROBATION DEPARTMENT, ST. HELENA POLICE DEPARTMENT, CALISTOGA POLICE DEPARTMENT and FRANK WALSH |
| 3:2022cv04644 |
| August 11, 2022 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Jacqueline Scott Corley |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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Filing 25
ORDER by Judge Jacqueline Scott Corley granting #5 Motion to Dismiss; granting #9 Motion to Dismiss; granting #11 Motion to Dismiss. Amended complaint due by October 21, 2022. (ahm, COURT STAFF) (Filed on 9/26/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 24 REPLY (re #9 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) ) filed byCity of Calistoga, City of St. Helena. (Pohle, Taylor) (Filed on 9/8/2022) |
| Filing 23 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Hopkins.. (Sinsukthaworn, Kochagorn) (Filed on 8/25/2022) |
| Filing 22 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kochagorn Sinsukthaworn.. (Sinsukthaworn, Kochagorn) (Filed on 8/25/2022) |
| Filing 21 CLERK'S NOTICE REGARDING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/3/2022. Initial Case Management Conference reset for 11/10/2022 at 1:30 p.m. before Judge Jacqueline Scott Corley 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/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 11/9/2022.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/. (This is a text-only entry generated by the court . There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 8/23/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 20 CLERK'S NOTICE RESETTING MOTION HEARING DATE. Set/Reset Deadlines as to #11 MOTION to Dismiss , #9 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6), #5 MOTION to Dismiss . Motion Hearing reset for 9/29/2022 at 9:00 a.m. before Judge Jacqueline Scott Corley 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/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 9/28/2022.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/. (ahm, COURT STAFF) (Filed on 8/23/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)A copy of this notice mailed to Plaintiffs on 8/23/2022 & emailed to Plaintiffs on 8/23/2022. |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to 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 Clerk on 08/22/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 8/22/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 18 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ejk, COURT STAFF) (Filed on 8/22/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Highway Patrol.. (Lucas, Quintin) (Filed on 8/22/2022) |
| Filing 16 Remark: Spoke to Pro Se Plaintiffs re: consent/declination. Emailed copy of ECF 7 to icg420farm@outlook.com. (ejk, COURT STAFF) (Filed on 8/22/2022) |
| Filing 15 ANSWER to Complaint with Jury Demand byCounty of Napa, NAPA COUNTY DISTRICT ATTORNEYS OFFICE, NAPA COUNTY PROBATION DEPARTMENT, NAPA COUNTY SHERIFFS OFFICE, Napa Special Investigations Bureau (N.I.S.B.), FRANK WALSH. (Allen, Dale) (Filed on 8/19/2022) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by County of Napa, NAPA COUNTY DISTRICT ATTORNEYS OFFICE, NAPA COUNTY PROBATION DEPARTMENT, NAPA COUNTY SHERIFFS OFFICE, Napa Special Investigations Bureau (N.I.S.B.), FRANK WALSH.. (Allen, Dale) (Filed on 8/19/2022) |
| Filing 13 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #11 MOTION to Dismiss set for 9/29/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 9/1/2022. Replies due by 9/8/2022. 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.can d.uscourts.gov/lb 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/. (This is a text-only entry generated by t he court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 8/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 12 CLERK'S NOTICE Re: Consent or Declination: Defendant City of Napa shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 8/25/2022. (ejk, COURT STAFF) (Filed on 8/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 11 MOTION to Dismiss filed by City of Napa. Motion Hearing set for 9/29/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/1/2022. Replies due by 9/8/2022. (Attachments: #1 Proposed Order)(Allen, Dale) (Filed on 8/18/2022) |
| Filing 10 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #9 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) set for 9/29/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 9/1/2022. Replies due by 9/8/2022. 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/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadca sting 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/< /A<. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 8/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 9 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) filed by City of Calistoga, City of St. Helena. Motion Hearing set for 9/29/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/1/2022. Replies due by 9/8/2022. (Attachments: #1 Proposed Order, #2 Exhibit Request for Judicial Notice)(Pohle, Taylor) (Filed on 8/18/2022) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City of Calistoga, City of St. Helena.. (Pohle, Taylor) (Filed on 8/18/2022) |
| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 8/25/2022. (ejk, COURT STAFF) (Filed on 8/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 6 CLERK'S NOTICE RESETTING MOTION HEARING: Motion Hearing #5 MOTION to Dismiss previously set for 9/22/2022 is reset to 9/29/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 9/1/2022. Replies due by 9/8/2022. 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/lb 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/. (ejk, COURT STA FF) (Filed on 8/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 5 MOTION to Dismiss filed by California Highway Patrol. Motion Hearing set for 9/22/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 9/1/2022. Replies due by 9/8/2022. (Attachments: #1 Supplement Memorandum in Support of Motion to Dismiss, #2 Proposed Order Granting Motion to Dismiss, #3 Certificate/Proof of Service by U.S. Mail)(Lucas, Quintin) (Filed on 8/18/2022) |
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Filing 4
NOTICE AND ORDER: The attached notice and order notifies the plaintiff of resources available, attaches the district's handbook for litigants who do not have a lawyer, includes a flyer for contacting the court's help desk and instructs the plaintiff about serving the defendants. Signed by Judge Laurel Beeler on 08/12/2022. (Attachments: #1 Self Help Flyer, #2 Pro Se Handbook)(ejk, COURT STAFF) (Filed on 8/12/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/3/2022. Initial Case Management Conference set for 11/10/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (cv, COURT STAFF) (Filed on 8/11/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 2 Case assigned to Magistrate Judge Laurel Beeler. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/25/2022. (cv, COURT STAFF) (Filed on 8/11/2022) |
| Filing 1 NOTICE OF REMOVAL OF ACTION PURSUANT TO 28 U.S.C. 1441 from Napa County Superior Court. Their case number is Napa County Superior Court. (Filing fee $402 receipt number ACANDC-17435035). Filed byCity of Calistoga, City of St. Helena. (Attachments: #1 Civil Cover Sheet)(Pohle, Taylor) (Filed on 8/11/2022) |
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