Esparza v. Perdue et al
| Jose Manuel Esparza |
| Sec., USDA Sonny Perdue, Muhammad Adil Chaudhry, Yudhbir Sharma and Frank Gillis |
| 4:2018cv07131 |
| November 23, 2018 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Jeffrey S White |
| American with Disabilities - Employment |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 35 Letter from Jose Manuel Esparza. (Attachments: #1 Envelope)(cjlS, COURT STAFF) (Filed on 1/9/2019) |
| Filing 34 Revision by Jose Manuel Esparza. (cjlS, COURT STAFF) (Filed on 12/18/2018) |
Filing 33
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 12/10/18. (Certificate of Service Attached) Case Management Statement due by 2/15/2019. Initial Case Management Conference set for 2/22/2019 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 12/10/2018)
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Filing 32
ORDER REASSIGNING CASE. Case reassigned to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on December 10, 2018. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service)(cjlS, COURT STAFF) (Filed on 12/10/2018)
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Filing 31
ORDER RELATING CASE to 09-cv-00449 JSW. Signed by Judge Jeffrey S. White on 12/7/18. All Parties are instructed that all future filings in any reassigned case are to bear the initials of the newly assigned judge (JSW) immediately after the case number. Any case management conference in any reassigned case will be rescheduled by the Court. Unless otherwise ordered, any dates for hearing noticed motions are vacated and must be re-noticed by the moving party before the newly assigned judge. (Attachments: #1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 12/10/2018)
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| Filing 30 NOTICE of Substitution of Counsel by Adrienne Zack (Zack, Adrienne) (Filed on 12/6/2018) |
| Filing 29 Judicial Referral for Purpose of Determining Relationship of Cases re 3:09-cv-00449-JSW. Signed by Judge Laurel Beeler on 12/5/2018. (Attachments: #1 Certificate/Proof of Service)(ejkS, COURT STAFF) (Filed on 12/5/2018) |
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Filing 28
NOTICE AND ORDER. As set forth in the attached notice and order, (1) Mr. Esparza does not need to resubmit his prior filings with the court here, (2) because Mr. Esparza is representing himself, the court provides him notice about available legal resources, and (3) the court notifies Mr. Esparza that this case will be reassigned to a district judge. Signed by Judge Laurel Beeler on 12/5/2018. (Attachments: #1 Certificate/Proof of Service, #2 Pro Se Handbook, #3 Self Help Flyer)(ejkS, COURT STAFF) (Filed on 12/5/2018)
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| Filing 27 CLERK'S NOTICE. The court files on the docket the attached letter and declination to proceed before a magistrate judge that it received from plaintiff Jose Manuel Esparza. (lblc1S, COURT STAFF) (Filed on 12/5/2018) |
| Filing 26 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 12/10/2018. (Attachments: #1 Certificate/Proof of Service) (ejkS, COURT STAFF) (Filed on 11/26/2018) |
| Filing 25 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 2/ 14/2019. Initial Case Management Conference set for 2/21/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 11/23/2018) |
| Filing 24 Case transferred in from District of California Eastern; Case Number 2:18-cv-00154. Original file certified copy of transfer order and docket sheet received. Modified on 11/26/2018 (fabS, COURT STAFF). |
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Filing 23
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/13/2018 TRANSFERRING this matter to the United States District Court, Northern District of California. CASE CLOSED. (Zignago, K.)
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| SERVICE BY MAIL: #23 Order served on Jose Manuel Esparza. (Zignago, K.) |
| Filing 22 REPLY by Sonny Perdue re #20 Response. (Attachments: #1 Proof of Service)(Olsen, Edward) |
| Filing 21 EXHIBIT by Jose Manuel Esparza re #20 Response. (Zignago, K.) |
| Filing 20 RESPONSE by Jose Manuel Esparza to #19 Supplement. (Coll, A) |
| Filing 19 SUPPLEMENT by Sonny Perdue re #18 Order. (Attachments: #1 Declaration of Edward A. Olsen, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Proof of Service)(Olsen, Edward) |
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Filing 18
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/30/18, ORDERING that by 9/5/2018 defendants shall file a supplemental brief with the court regarding plaintiff's prior case in the Northern District and the appropriate venue for plaintiff's current case. Plaintiff's response, if any, to defendants' briefing shall be filed with the court no later than 10/5/2018. Defendants' reply, if any, shall be filed with the court no later than 10/12/2018. (Kastilahn, A)
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| SERVICE BY MAIL: #18 Order served on Jose Manuel Esparza. (Kastilahn, A) |
| Filing 17 MINUTES (Text Only) for proceedings before Magistrate Judge Carolyn K. Delaney: MOTION HEARING re Motion to Dismiss #11 held on 8/29/2018. Arguments heard. Defendants' to submit supplemental brief within 7 days; Plaintiff has 30 days thereafter to file response; Defendants' have 7 days thereafter for reply. After briefing received, matter will be considered submitted. Plaintiffs Counsel Pro Se present. Defendants Counsel Edward Olsen present. Court Reporter/CD Number: ECRO. (Streeter, J) |
| SERVICE BY MAIL: 17 Minutes served on Jose Manuel Esparza. (Streeter, J) |
| Filing 16 REPLY by Sonny Perdue to RESPONSE to #11 Motion to Dismiss. (Attachments: #1 Proof of Service)(Olsen, Edward) |
| Filing 15 RESPONSE by Jose Manuel Esparza to 14 Minute Order resetting Motion hearing. (Mena-Sanchez, L) |
| Filing 14 MINUTE ORDER Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 7/26/2018: Presently pending before the court is defendants' motion to dismiss (ECF No. #11 ). Pursuant to Local Rule 230(c), "[o]pposition, if any, to the granting of [a] motion shall be in writing and shall be filed and served not less than fourteen (14) days preceding the noticed (or continued) hearing date." That deadline has passed without action by plaintiff. However, in light of plaintiff's pro se status, the court postpones the hearing on this motion and grants plaintiff an extension to file an opposition. Accordingly, IT IS HEREBY ORDERED THAT: (1) The hearing on defendants' motion to dismiss (ECF No. #11 ) set for August 1, 2018 is VACATED and RESET for August 29, 2018 at 10:00 a.m. in Courtroom 24. (2) Plaintiff shall file any opposition by August 15, 2018. (Streeter, J) |
| SERVICE BY MAIL: 14 Minute Order served on Jose Manuel Esparza. (Streeter, J) |
| Filing 13 REPLY by Sonny Perdue re #11 Motion to Dismiss. (Attachments: #1 Proof of Service)(Olsen, Edward) |
| Filing 12 MINUTE ORDER (Text Only) issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 06/21/2018: In light of defendants' pending motion to dismiss (ECF No. #11 ), the Initial Scheduling Conference set for August 22, 2018 is hereby VACATED. (Streeter, J) |
| Filing 11 MOTION to DISMISS by Sonny Perdue. Attorney Olsen, Edward A. added. Motion Hearing set for 8/1/2018 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Memorandum, #2 Declaration of Edward A. Olsen, #3 Declaration of Valerie J. Neris-Blankenship, #4 Declaration of Joseph Abbott, #5 Proof of Service) (Olsen, Edward) |
| SERVICE BY MAIL: 12 Minute Order served on Jose Manuel Esparza. (Streeter, J) |
| Filing 10 SUMMONS RETURNED EXECUTED: Muhammad Adil Chaudhry served on 5/24/2018. (York, M) |
| Filing 9 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Jose Manuel Esparza. (York, M) |
| Filing 8 SUMMONS RETURNED EXECUTED: Frank Gillis served on 5/24/2018; Sonny Perdue served on 5/16/2018; and Yudhbir Sharma served on 5/24/2018. (York, M) |
| Filing 7 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 8/22/2018 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Consent Form) (Kastilahn, A) |
| Filing 6 SUMMONS ISSUED as to *Muhammad Adil Chaudhry, Frank Gillis, Sonny Perdue, Yudhbir Sharma* with answer to complaint due within *21* days. *Jose Manuel Esparza* *1216 Port Chelsea Circle* *Lodi, CA 95240*. (Kastilahn, A) |
| SERVICE BY MAIL: #7 Civil New Case Documents for KJM, #6 Summons served on Jose Manuel Esparza. (Kastilahn, A) |
| Filing 5 MINUTE ORDER by Courtroom Deputy K. Owen for Magistrate Judge Carolyn K. Delaney on 3/15/2018: Good cause appearing, the findings and recommendations issued March 13, 2018 (ECF No. #4 ) are hereby vacated. For the reasons set forth in the February 22, 2018 order and plaintiff having paid the filing fee, plaintiff's motion to proceed in forma pauperis (ECF No. #2 ) is denied. So ordered. (TEXT ONLY ENTRY) (Owen, K) |
| SERVICE BY MAIL: 5 Minute Order served on Jose Manuel Esparza. (Owen, K) |
| Filing 4 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/13/2018 RECOMMENDING that #2 Motion to Proceed IFP be denied and this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Fabillaran, J) |
| SERVICE BY MAIL: #4 Findings and Recommendations served on Jose Manuel Esparza. (Fabillaran, J) |
| RECEIPT number #CAE200088326 $400.00 fbo Jose Manuel Esparza by Jose Manuel Esparza on 3/1/2018. (Previously not docketed in case, ERROR by Clerks Office) (Donati, J) |
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Filing 3
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/22/2018 DIRECTING Plaintiff to submit the appropriate fees to the Clerk of the Court within 14 days of this order. Plaintiff is cautioned that failure to pay the appropriate fees will result in a recommendation that #2 Motion to Proceed IFP be denied and the instant action be dismissed without prejudice. (Fabillaran, J)
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| SERVICE BY MAIL: #3 Order served on Jose Manuel Esparza. (Fabillaran, J) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Jose Manuel Esparza. (Kastilahn, A) |
| Filing 1 COMPLAINT against all Defendants by Jose Manuel Esparza. (Attachments: #1 Civil Cover Sheet)(Kastilahn, A) |
| APPLICATION TO PROCEED IFP filed - Action Required. (Kastilahn, A) |
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