Cannon v. San Francisco Police Department et al
| Lady Benjamin Cannon |
| San Francisco Police Department, San Francisco Sheriff's Department, City and County of San Francisco, Captain David Maron, Margaret Baumgartner, Captain Sanford, Charles Jadallah, Rena Provencio, Andrew Watters, David Wiseblood, Jim McClain, Everal Thompson, Eviction Defense Collaborative, Bledsoe, Diestel, Treppa & Crane LLP, Davis Riley, Carlos Jato, Law Office of Carlos Jatto, Daniel Berko, Jason Hain, Ryan Murphy and Kavin Williams |
| 3:2022cv06778 |
| November 2, 2022 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Susan Illston |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 JUDGMENT (Illston, Susan) (Filed on 5/4/2023)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 44 CLERK'S NOTICE VACATING INITIAL CASE MANAGEMENT CONFERENCE: The Initial Case Management Conference set for 2/24/2023 is VACATED and will be rescheduled as needed if an Amended Complaint and Answer are filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Filed on 1/25/2023)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 43
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND AND DENYING AS MOOT DEFENDANT WATTERS' MOTIONS finding as moot #32 Ex Parte Application #32 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #33 MOTION to Dismiss for Lack of Jurisdiction , #34 MOTION for More Definite Statement , #35 MOTION to Strike #10 Opposition/Response to Motion , #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #12 MOTION for More Definite Statement , #13 MOTION to Strike #10 Opposition/Response to Motion , #18 Amended MOTION for More Definite Statement , #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #21 MOTION to Dismiss for Lack of Jurisdiction ; finding as moot #33 Motion to Dismiss for Lack of Jurisdiction; finding as moot #34 Motion for More Definite Statement; finding as moot #35 Motion to Strike #32 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #33 MOTION to Dismiss for Lack of Jurisdiction , #34 MOTION for More Definite Statement , #35 MOTION to Strike #10 Opposition/Response to Motion , #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #12 MOTION for More Definite Statement , #13 MOTION to Strike #10 Opposition/Response to Motion , #18 Amended MOTION for More Definite Statement , #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #21 MOTION to Dismiss for Lack of Jurisdiction ; finding as moot #6 Ex Parte Application #32 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #33 MOTION to Dismiss for Lack of Jurisdiction , #34 MOTION for More Definite Statement , #35 MOTION to Strike #10 Opposition/Response to Motion , #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #12 MOTION for More Definite Statement , #13 MOTION to Strike #10 Opposition/Response to Motion , #18 Amended MOTION for More Definite Statement , #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #21 MOTION to Dismiss for Lack of Jurisdiction ; finding as moot #12 Motion for More Definite Statement; finding as moot #13 Motion to Strike #32 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #33 MOTION to Dismiss for Lack of Jurisdiction , #34 MOTION for More Definite Statement , #35 MOTION to Strike #10 Opposition/Response to Motion , #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #12 MOTION for More Definite Statement , #13 MOTION to Strike #10 Opposition/Response to Motion , #18 Amended MOTION for More Definite Statement , #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #21 MOTION to Dismiss for Lack of Jurisdiction ; finding as moot #18 Motion for More Definite Statement; finding as moot #19 Motion to Strike #32 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #33 MOTION to Dismiss for Lack of Jurisdiction , #34 MOTION for More Definite Statement , #35 MOTION to Strike #10 Opposition/Response to Motion , #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #12 MOTION for More Definite Statement , #13 MOTION to Strike #10 Opposition/Response to Motion , #18 Amended MOTION for More Definite Statement , #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #21 MOTION to Dismiss for Lack of Jurisdiction ; finding as moot #21 Motion to Dismiss for Lack of Jurisdiction. (Illston, Susan) (Filed on 1/24/2023)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 42 CLERK'S NOTICE VACATING MOTION HEARINGS. The Motion to Dismiss #33 , Motion for More Definite Statement #34 and Motion to Strike #35 Hearings, which have been noticed for Friday 1/27/2023, will be decided on papers submitted without oral argument. Accordingly, the hearings are hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Filed on 1/23/2023)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 41 OPPOSITION/RESPONSE (re #33 MOTION to Dismiss for Lack of Jurisdiction , #21 MOTION to Dismiss for Lack of Jurisdiction ) filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/31/2022) |
| Filing 40 OPPOSITION/RESPONSE (re #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #35 MOTION to Strike #10 Opposition/Response to Motion , #13 MOTION to Strike #10 Opposition/Response to Motion ) filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/31/2022) |
| Filing 39 OPPOSITION/RESPONSE (re #12 MOTION for More Definite Statement , #18 Amended MOTION for More Definite Statement , #34 MOTION for More Definite Statement ) filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/31/2022) |
| Filing 38 OPPOSITION/RESPONSE (re #32 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff ) This final one should be correct filed byLady Benjamin Cannon. (Attachments: #1 Exhibits attached to Complaint)(Cannon, Lady Benjamin) (Filed on 12/31/2022) |
| Filing 37 OPPOSITION/RESPONSE (re #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff ) USE THIS ONE filed by Lady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/31/2022) Modified on 1/3/2023 (kmg, COURT STAFF). |
| Filing 36 OPPOSITION/RESPONSE (re #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff ) filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/31/2022) |
| Filing 35 MOTION to Strike #10 Opposition/Response to Motion filed by Andrew Watters. Motion Hearing set for 1/27/2023 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 1/4/2023. Replies due by 1/11/2023. (Watters, Andrew) (Filed on 12/21/2022) |
| Filing 34 MOTION for More Definite Statement filed by Andrew Watters. Motion Hearing set for 1/27/2023 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 1/4/2023. Replies due by 1/11/2023. (Watters, Andrew) (Filed on 12/21/2022) |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew Watters. Motion Hearing set for 1/27/2023 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 1/4/2023. Replies due by 1/11/2023. (Attachments: #1 Exhibit Request for Judicial Notice)(Watters, Andrew) (Filed on 12/21/2022) |
| Filing 32 Ex Parte Application for appointment of guardian ad litem for Plaintiff filed by Andrew Watters. (Watters, Andrew) (Filed on 12/21/2022) |
| Filing 31 INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT: Parties are instructed to review the attached pdf. All Motions which have been filed should be renoticed for a Friday at 10 a.m. ALL BRIEFING SCHEDULES REMAIN THE SAME AS ASSIGNED AT ORIGINAL FILING OF DOCUMENTS.Joint Case Management Statement due by 2/17/2023. Initial Case Management Conference set for 2/24/2023 at 02:30 PM - Videoconference Only. 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/si 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/. Case Management Statement due by 2/17/2023. Initial Case Management Conference set for 2/24/2023 02:30 PM in San Francisco, - V ideoconference Only. (ec, COURT STAFF) (Filed on 12/21/2022)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 30
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Judge James Donato 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 12/21/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/21/2022)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 29
ORDER OF RECUSAL. Signed by Judge James Donato on 12/20/2022. (lrc, COURT STAFF) (Filed on 12/20/2022)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 28 OPPOSITION/RESPONSE (re #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #21 MOTION to Dismiss for Lack of Jurisdiction , #12 MOTION for More Definite Statement , #13 MOTION to Strike #10 Opposition/Response to Motion , #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff, #18 Amended MOTION for More Definite Statement ) OPPOSITION TO MOT TO DISMISS AND TO THE OTHER UNINTELIGIBLE MOTIONS FROM WATTERS filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/20/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #19 Amended MOTION to Strike #10 Opposition/Response to Motion , #13 MOTION to Strike #10 Opposition/Response to Motion ) DEC IN SUPPORT filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/18/2022) |
| Filing 26 OPPOSITION/RESPONSE (re #12 MOTION for More Definite Statement , #18 Amended MOTION for More Definite Statement ) DECLARATION OF LADY BENJMAIN CANNON, A.S.C.E. IN SUPPORT filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 12/18/2022) |
| Filing 25 NOTICE of Voluntary Dismissal of DANIEL BERKO, CARLOS JATO, and LAW OFFICES OF CARLOS JATO by Lady Benjamin Cannon (Cannon, Lady Benjamin) (Filed on 12/18/2022) |
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Filing 24
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 2/23/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 2/16/2023. Signed by Judge James Donato on 12/9/2022. (lrc, COURT STAFF) (Filed on 12/9/2022)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 23
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Judge Vince Chhabria 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 12/8/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 12/8/2022)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 22
ORDER OF RECUSAL. Signed by Judge Vince Chhabria on 12/8/2022. (knm, COURT STAFF) (Filed on 12/8/2022)
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| Filing 21 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew Watters. Motion Hearing set for 1/12/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/19/2022. Replies due by 12/27/2022. (Attachments: #1 Exhibit Request for Judicial Notice)(Watters, Andrew) (Filed on 12/5/2022) |
| Filing 20 AMENDED COMPLAINT AS ORDERED against All Defendants. Filed byLady Benjamin Cannon. (Attachments: #1 Exhibit Exhibits attached to Complaint)(Cannon, Lady Benjamin) (Filed on 12/4/2022) |
| Set Deadlines/Hearings: (tshlc1, COURT STAFF) (Filed on 11/21/2022) |
| Filing 19 Amended MOTION to Strike #10 Opposition/Response to Motion filed by Andrew Watters. Motion Hearing set for 1/12/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/5/2022. Replies due by 12/12/2022. (Watters, Andrew) (Filed on 11/21/2022) |
| Filing 18 Amended MOTION for More Definite Statement filed by Andrew Watters. Motion Hearing set for 1/12/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/5/2022. Replies due by 12/12/2022. (Watters, Andrew) (Filed on 11/21/2022) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Thomas S. Hixson 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 11/21/22. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 11/21/2022)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 16 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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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. (tshlc1, COURT STAFF) (Filed on 11/21/2022)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 15 NOTICE of Voluntary Dismissal Of claims against CHARLES JADALLAH based on conduct prior to oct 07 2022 by Lady Benjamin Cannon (Cannon, Lady Benjamin) (Filed on 11/21/2022) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lady Benjamin Cannon.. (Cannon, Lady Benjamin) (Filed on 11/20/2022) |
| Filing 13 MOTION to Strike #10 Opposition/Response to Motion filed by Andrew Watters. Motion Hearing set for 12/29/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 12/5/2022. Replies due by 12/12/2022. (Watters, Andrew) (Filed on 11/20/2022) |
| Filing 12 MOTION for More Definite Statement filed by Andrew Watters. Motion Hearing set for 12/29/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 12/5/2022. Replies due by 12/12/2022. (Watters, Andrew) (Filed on 11/20/2022) |
| Filing 11 COMPLAINT EXHIBITS against All Defendants. Filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 11/19/2022) |
| Filing 10 OPPOSITION/RESPONSE (re #6 Ex Parte Application for appointment of guardian ad litem for Plaintiff ) filed byLady Benjamin Cannon. (Cannon, Lady Benjamin) (Filed on 11/19/2022) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Andrew Watters.. (Watters, Andrew) (Filed on 11/10/2022) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Defendant Andrew Watters shall file a consent or declination to proceed before a magistrate judge by 11/14/2022. 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. (Party/parties were also notified via telephone or email.) (This is a te xt-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 11/7/2022)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 7
ORDER by Judge Thomas S. Hixson granting #3 Motion for Leave to Proceed in forma pauperis; finding as moot #4 Motion for Leave to Proceed in forma pauperis. Amended complaint due 12/5/2022. (tshlc1, COURT STAFF) (Filed on 11/7/2022)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 6 Ex Parte Application for appointment of guardian ad litem for Plaintiff filed by Andrew Watters. (Watters, Andrew) (Filed on 11/6/2022) |
| Filing 5 Proposed Summons. (hdj, COURT STAFF) (Filed on 11/2/2022) |
| Filing 4 MOTION for Leave to Proceed without prepaying of fees filed by Lady Benjamin Cannon. (hdj, COURT STAFF) (Filed on 11/2/2022) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Lady Benjamin Cannon. (hdj, COURT STAFF) (Filed on 11/2/2022) |
| Filing 2 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/26/2023. Initial Case Management Conference set for 2/2/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (hdj, COURT STAFF) (Filed on 11/2/2022)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 1 COMPLAINT against Margaret Baumgartner, Daniel Berko, Bledsoe, Diestel, Treppa & Crane LLP, City and County of San Francisco, Eviction Defense Collaborative, Jason Hain, Charles Jadallah, Carlos Jato, Law Office of Carlos Jatto, David Maron, Jim McClain, Ryan Murphy, Rena Provencio, Davis Riley, San Francisco Police Department, San Francisco Sheriff's Department, Sanford, Everal Thompson, Andrew Watters. Filed byLady Benjamin Cannon. Consent/Declination due by 11/16/2022. (Attachments: #1 Civil Cover Sheet)(hdj, COURT STAFF) (Filed on 11/2/2022) |
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