Declue et al v. County of Alameda et al
Plaintiff: Alan Declue and D.D.
Defendant: Michael Harris, County of Alameda, Office of the Distrct Attorney, County of Alameda, Bertha Cuellar, Paul Giacometti, City of Livermore, Nancy O'Malley, Family Law Services, Terra Firma Diversion/Educational Services, Valerie Declue, Superior Court of Alameda Hayward Hall of Justice and Office of the District Attorney, County of Alameda
Case Number: 4:2020cv05808
Filed: August 18, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Phyllis J Hamilton
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Filing 58 Letter Brief filed byAlan DeClue. (DeClue, Alan) (Filed on 10/15/2020)
October 13, 2020 Filing 57 CLERK'S NOTICE VACATING MOTION HEARINGS. You are hereby notified that the hearings re #12 Motion for Temporary Restraining Order and/or Injunction, #14 Motion to Dismiss, and #17 Motion to Dismiss are VACATED. The matters are taken under submission on the papers. In the event that the court determines that oral argument is necessary, the court will issue a notice to the parties with instructions on the hearing procedure at a future date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 10/13/2020)
October 8, 2020 Filing 56 OPPOSITION/RESPONSE (re #17 MOTION to Dismiss ) as to Livermore Defendants filed byAlan DeClue. (Attachments: #1 Exhibit)(DeClue, Alan) (Filed on 10/8/2020)
October 7, 2020 Filing 55 REPLY (re #17 MOTION to Dismiss ) filed byCity of Livermore, Paul Giacometti, Michael Harris. (Gordon, Seth) (Filed on 10/7/2020)
October 7, 2020 Filing 54 REPLY (re #14 MOTION to Dismiss Plaintiffs' Complaint ) filed byCounty of Alameda, Nancy O'Malley, Office of the District Attorney, County of Alameda. (MacKay, Raymond) (Filed on 10/7/2020)
October 5, 2020 Filing 53 CERTIFICATE OF SERVICE by Alan DeClue as to County Defendants (DeClue, Alan) (Filed on 10/5/2020)
October 5, 2020 Filing 52 OPPOSITION/RESPONSE (re #14 MOTION to Dismiss Plaintiffs' Complaint ) as to County Defendants filed byAlan DeClue. (Attachments: #1 Declaration, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(DeClue, Alan) (Filed on 10/5/2020)
October 2, 2020 Filing 51 Clerk's DECLINATION OF DEFAULT as to Defendant Bertha Cuellar. (Related documents(s) #48 )(jlmS, COURT STAFF) (Filed on 10/2/2020)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)
September 30, 2020 #Electronic filing error. Incorrect event used. [err101] The correct event is Notice of Joinder. Corrected by Clerk's Office. No further action is necessary. Re: #50 MOTION for Joinder filed by Nancy O'Malley, Office of the District Attorney, County of Alameda, County of Alameda (jmlS, COURT STAFF) (Filed on 9/30/2020)
September 30, 2020 Filing 50 Notice of Joinder filed by County of Alameda, Nancy O'Malley, Office of the District Attorney, County of Alameda. (MacKay, Raymond) (Filed on 9/30/2020) Modified on 10/1/2020 (jmlS, COURT STAFF).
September 30, 2020 Filing 49 OPPOSITION/RESPONSE (re #12 Emergency MOTION for Temporary Restraining Order and/or Injunction ) filed byCity of Livermore, Paul Giacometti, Michael Harris. (Gordon, Seth) (Filed on 9/30/2020)
September 24, 2020 Filing 48 Second MOTION for Default Judgment by the Clerk as to Bertha Cuellar filed by Alan DeClue. (DeClue, Alan) (Filed on 9/24/2020)
September 23, 2020 Filing 47 Clerk's DECLINATION OF DEFAULT as to Defendants: County of Alameda, Office of the District Attorney, County of Alameda, Nancy O'Malley, City of Livermore, Michael Harris, Craig Giacometti erroneously named as Paul Giacometti, Family Law Services, Terra Firma Diversion/Educational Services, and Valerie Declue. (Related documents(s) #45 , #31 , #20 , #21 , #39 , #24 , #26 , #19 , #43 , #27 , #33 , #25 , #41 , #29 , #35 , #22 , #37 )(jlmS, COURT STAFF) (Filed on 9/23/2020)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)
September 23, 2020 Filing 46 Clerk's Notice of ENTRY OF DEFAULT as to Defendant Bertha Cuellar (Related documents(s) #26 )(jlmS, COURT STAFF) (Filed on 9/23/2020)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)
September 22, 2020 Filing 45 MOTION for Default Judgment by the Clerk as to Valerie DeClue filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 44 ***DISREGARD, DUPLICATE OF DOCKET #27 ***MOTION for Entry of Default Valerie DeClue filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 43 MOTION for Default Judgment by the Clerk as to Bertha Cuellar filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 42 ***DISREGARD, DUPLICATE OF DOCKET #26 ***MOTION for Entry of Default Bertha Cuellar filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 41 MOTION for Default Judgment by the Clerk as to Craig Giacometti filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 40 ***DISREGARD, DUPLICATE OF DOCKET #25 ***MOTION for Entry of Default Craig Giacometti filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 39 MOTION for Default Judgment by the Clerk as to Michael Harris filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 38 ***DISREGARD, DUPLICATE OF DOCKET ENTRY #24 *** MOTION for Entry of Default Michael Harris filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 37 MOTION for Default Judgment by the Clerk as to City of Livermore filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 36 ***DISREGARD, DUPLICATE OF DOCKET #23 ***MOTION for Entry of Default City of Livermore filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 35 MOTION for Default Judgment by the Clerk as to Family Law Services filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 34 ***DISREGARD, DUPLICATE OF DOCKET #22 ***MOTION for Entry of Default Family Law Services filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 33 MOTION for Default Judgment by the Clerk as to Nancy OMalley filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 32 ***DISREGARD, DUPLICATE OF DOCKET ENTRY #21 ***MOTION for Entry of Default Nancy OMalley filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 31 MOTION for Default Judgment by the Clerk as to District Attorney filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 30 ***DISREGARD, DUPLICATE OF DOCKET ENTRY #20 ***MOTION for Entry of Default District Attorney filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 Filing 29 MOTION for Default Judgment by the Clerk as to Alameda County filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020)
September 22, 2020 Filing 28 ***DISREGARD, DUPLICATE OF DOCKET #19 ***MOTION for Entry of Default Alameda County filed by Alan DeClue. (DeClue, Alan) (Filed on 9/22/2020) Modified on 9/22/2020 (kcS, COURT STAFF).
September 22, 2020 #Electronic filing error. Incorrect event used. [err101] The correct event is Motion for Entry of Default. The correct event can be found at: Civil Events > Motions and Related Filings > Motions - General > Entry of Default. Corrected by Clerk's Office. No further action is necessary. Re: #23 First MOTION for Default Judgment by the Clerk as to City of Livermore filed by Alan DeClue, #20 First MOTION for Default Judgment by the Clerk as to District Attorney filed by Alan DeClue, #21 First MOTION for Default Judgment by the Clerk as to Nancy O'Malley filed by Alan DeClue, #25 First MOTION for Default Judgment by the Clerk as to Craig Giacometti filed by Alan DeClue, #22 First MOTION for Default Judgment by the Clerk as to Family Law Services filed by Alan DeClue, #24 First MOTION for Default Judgment by the Clerk as to Michael Harris filed by Alan DeClue, #26 First MOTION for Default Judgment by the Clerk as to Terra Firma Bertha Cuellar filed by Alan DeClue, #19 First MOTION for Default Judgment by the Clerk as to filed by Alan DeClue, #27 First MOTION for Default Judgment by the Clerk as to Valerie DeClue filed by Alan DeClue (jmlS, COURT STAFF) (Filed on 9/22/2020)
September 21, 2020 Filing 27 MOTION for Entry of Default as to Valerie DeClue filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 26 MOTION for Entry of Default as to Terra Firma Bertha Cuellar filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 25 MOTION for Entry of Default as to Craig Giacometti filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 24 MOTION for Entry of Default as to Michael Harris filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 23 MOTION for Entry of Default as to City of Livermore filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 22 MOTION for Entry of Default as to Family Law Services filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 21 MOTION for Entry of Default as to Nancy O'Malley filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 20 MOTION for Entry of Default as to District Attorney filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 21, 2020 Filing 19 MOTION for Entry of Default as to filed by Alan DeClue. (Attachments: #1 Proposed Order)(DeClue, Alan) (Filed on 9/21/2020) Modified on 9/22/2020 (jmlS, COURT STAFF).
September 17, 2020 Filing 18 NOTICE of Appearance of Louis A. Leone as Counsel, filed by City of Livermore, Paul Giacometti, Michael Harris (Leone, Louis) (Filed on 9/17/2020) Modified on 9/18/2020 (jlmS, COURT STAFF).
September 17, 2020 Filing 17 MOTION to Dismiss filed by City of Livermore, Paul Giacometti, Michael Harris. Motion Hearing set for 10/28/2020 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 10/1/2020. Replies due by 10/8/2020. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Dismiss)(Gordon, Seth) (Filed on 9/17/2020)
September 14, 2020 Filing 16 CERTIFICATE OF SERVICE by Alan DeClue Proofs of Service of ORDER (Attachments: #1 Certificate/Proof of Service, #2 Certificate/Proof of Service, #3 Certificate/Proof of Service, #4 Certificate/Proof of Service, #5 Certificate/Proof of Service)(DeClue, Alan) (Filed on 9/14/2020)
September 14, 2020 Filing 15 CERTIFICATE OF SERVICE by Alan DeClue Mtn TRO/Injunction and Declaration (Attachments: #1 Certificate/Proof of Service, #2 Certificate/Proof of Service, #3 Certificate/Proof of Service, #4 Certificate/Proof of Service, #5 Certificate/Proof of Service)(DeClue, Alan) (Filed on 9/14/2020)
September 14, 2020 Filing 14 MOTION to Dismiss Plaintiffs' Complaint filed by County of Alameda, Nancy O'Malley, Office of the Distrct Attorney, County of Alameda. Motion Hearing set for 11/4/2020 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 9/28/2020. Replies due by 10/5/2020. (Attachments: #1 Proposed Order)(MacKay, Raymond) (Filed on 9/14/2020)
September 12, 2020 Reset Deadlines as to #12 Motion for Preliminary Injunction. Response due by 9/30/2020. Reply due by 10/7/2020. Motion Hearing set for 10/21/2020 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 9/22/2020)
September 12, 2020 Opinion or Order Filing 13 ORDER RE #12 PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION signed by Judge Phyllis J. Hamilton.(pjhlc2S, COURT STAFF) (Filed on 9/12/2020)
September 11, 2020 Filing 12 Emergency MOTION for Temporary Restraining Order and/or Injunction filed by Alan DeClue. (Attachments: #1 Declaration)(DeClue, Alan) (Filed on 9/11/2020)
September 11, 2020 Filing 11 SUMMONS Returned Executed by Alan DeClue. All Defendants. (Attachments: #1 Certificate/Proof of Service, #2 Certificate/Proof of Service, #3 Certificate/Proof of Service, #4 Certificate/Proof of Service, #5 Certificate/Proof of Service)(DeClue, Alan) (Filed on 9/11/2020)
September 9, 2020 #Electronic filing error. Incorrect PDF attached. [err201] NOTE TO PLAINTIFF: That the case number has been omitted from the pleading. The correct case number is: 4:20- cv-05808-PJH. Please re-file in its entirety Re: #9 Summons Returned Executed, filed by Alan DeClue (jlmS, COURT STAFF) (Filed on 9/9/2020)
September 8, 2020 Filing 10 NOTICE of Change of Address by Alan DeClue (DeClue, Alan) (Filed on 9/8/2020)
September 8, 2020 Filing 9 ***ERRONEOUS ENTRY; PLEASE REFER TO DOCUMENT NO. #11 *** SUMMONS Returned Executed by Alan DeClue. All Defendants. (Attachments: #1 Certificate/Proof of Service Summons Returned Executed, #2 Certificate/Proof of Service Summons Returned Executed, #3 Certificate/Proof of Service Summons Returned Executed, #4 Certificate/Proof of Service Summons Returned Executed, #5 Certificate/Proof of Service Summons Returned Executed)(DeClue, Alan) (Filed on 9/8/2020) Modified on 9/14/2020 (jlmS, COURT STAFF).
September 4, 2020 #Electronic filing error. Incorrect PDF attached. [err201] NOTE TO PLAINTIFF: Civil Local Rule 3-4 Requires a First Page for Each Document Presented for Filing. Please re -file in its entirety. Re: #8 Summons Returned Executed, filed by Alan DeClue (jlmS, COURT STAFF) (Filed on 9/4/2020)
September 3, 2020 Filing 8 SUMMONS Returned Executed by Alan DeClue. All Defendants. Proofs of Service (Attachments: #1 Certificate/Proof of Service, #2 Certificate/Proof of Service, #3 Certificate/Proof of Service, #4 Certificate/Proof of Service, #5 Certificate/Proof of Service)(DeClue, Alan) (Filed on 9/3/2020)
September 1, 2020 Filing 7 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/5/2020. Initial Case Management Conference set for 11/12/2020 at 02:00 PM. (kcS, COURT STAFF) (Filed on 9/1/2020) 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)
August 18, 2020 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/12/2020. Initial Case Management Conference set for 11/19/2020 02:00 PM in Oakland, Courtroom 3, 3rd Floor. (jmlS, COURT STAFF) (Filed on 8/18/2020)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)
August 18, 2020 Filing 5 Summons Issued as to City of Livermore, County of Alameda, Bertha Cuellar, Valerie Declue, Family Law Services, Paul Giacometti, Michael Harris, Nancy O'Malley, Office of the Distrct Attorney, County of Alameda, Superior Court of Alameda Hayward Hall of Justice, Terra Firma Diversion/Educational Services. (jmlS, COURT STAFF) (Filed on 8/18/2020)
August 18, 2020 Filing 4 MOTION for Permission for Electronic Case Filing filed by Alan Declue. (Attachments: #1 Proposed Order)(jmlS, COURT STAFF) (Filed on 8/18/2020)
August 18, 2020 Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alan Declue. (jmlS, COURT STAFF) (Filed on 8/18/2020)
August 18, 2020 Filing 2 ***DISREGARD. FILED IN ERROR BY CLERK.*** MOTION for Leave to Proceed in forma pauperis filed by Alan Declue. (jmlS, COURT STAFF) (Filed on 8/18/2020) Modified on 8/21/2020 (jmlS, COURT STAFF).
August 18, 2020 Filing 1 COMPLAINT against City of Livermore, County of Alameda, Bertha Cuellar, D.D., Valerie Declue, Family Law Services, Paul Giacometti, Michael Harris, Nancy O'Malley, Office of the Distrct Attorney, County of Alameda, Superior Court of Alameda Hayward Hall of Justice, Terra Firma Diversion/Educational Services. Filed by Alan Declue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration, #4 Civil Cover Sheet, #5 Receipt)(jmlS, COURT STAFF) (Filed on 8/18/2020)

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Search for this case: Declue et al v. County of Alameda et al
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Defendant: Michael Harris
Represented By: Louis A. Leone
Represented By: Seth L. Gordon
Represented By: Kelly Joanne Trujillo
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Defendant: County of Alameda
Represented By: Donna Raylene Ziegler
Represented By: Raymond L. MacKay
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Defendant: Office of the Distrct Attorney, County of Alameda
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Defendant: Bertha Cuellar
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Defendant: Paul Giacometti
Represented By: Louis A. Leone
Represented By: Seth L. Gordon
Represented By: Kelly Joanne Trujillo
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Defendant: City of Livermore
Represented By: Louis A. Leone
Represented By: Seth L. Gordon
Represented By: Kelly Joanne Trujillo
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Defendant: Nancy O'Malley
Represented By: Donna Raylene Ziegler
Represented By: Raymond L. MacKay
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Defendant: Family Law Services
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Defendant: Terra Firma Diversion/Educational Services
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Defendant: Valerie Declue
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Defendant: Superior Court of Alameda Hayward Hall of Justice
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Defendant: Office of the District Attorney, County of Alameda
Represented By: Donna Raylene Ziegler
Represented By: Raymond L. MacKay
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Plaintiff: Alan Declue
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Plaintiff: D.D.
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