B. et al v. City of Oakland et al
| Zelda B., Brian A Thomas, Cynthia M., Racheal D Colston, Phyllis A Thomas and Charles A Thomas |
| City of Oakland, Oakland Unified School District and Larichea Smith |
| 4:2021cv07078 |
| September 13, 2021 |
| US District Court for the Northern District of California |
| Donna M Ryu |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 28 CLERK'S NOTICE: The court has received Plaintiffs' Petition for Relief from Claim Notice Requirement #4 and finds that the matter is appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b). Accordingly, the 11/17/2021 hearing on the motion is hereby VACATED. The court will issue a written order on the motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 11/9/2021) |
| Filing 27 Renotice motion hearing re #25 MOTION to Dismiss or, alternatively, for more definite statement for January 13, 2021 at 1:00 p.m. filed byOakland Unified School District. (Related document(s) #25 ) (Mishook, David) (Filed on 11/9/2021) |
| Reset Hearing as to #25 Motion to Dismiss or, alternatively, for more definite statement: Motion Hearing reset to 1/13/2022 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 11/9/2021) |
| Filing 26 CLERK'S NOTICE: Defendant Oakland Unified School District's Motion to Dismiss or, alternatively, for more definite statement #25 was noticed for hearing on a date that is not an available hearing date on Magistrate Judge Donna M. Ryu's calendar. The 1/6/2022 01:00 PM hearing date is VACATED. Defendant Oakland Unified School District shall re-notice (not re-file) the motion for a hearing in compliance with Local Rule 7-2(a) and Judge Ryu's Standing Order. The briefing schedule remains in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 11/8/2021) |
| Filing 25 MOTION to Dismiss or, alternatively, for more definite statement filed by Oakland Unified School District. Motion Hearing set for 1/6/2022 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 11/19/2021. Replies due by 11/26/2021. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Mishook, David) (Filed on 11/5/2021) |
| Filing 24 NOTICE of Appearance by David Reis Mishook (Mishook, David) (Filed on 11/5/2021) |
| Filing 23 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Oakland Unified School District.. (Combs, Roy) (Filed on 11/5/2021) |
| Filing 22 SECOND 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 11/19/2021. (amg, COURT STAFF) (Filed on 11/5/2021) |
| Filing 21 REPLY (re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] ) Plaintiffs' Reply Brief filed byCharles A Thomas. (Price, Pamela) (Filed on 11/3/2021) |
| Filing 20 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/4/2021. (mllS, COURT STAFF) (Filed on 10/21/2021) |
| Filing 19 REPLY (re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] ) AMENDED DENIAL AND OPPOSITION TO PETITION FOR RELIEF FROM CLAIM NOTICE filed byOakland Unified School District. (Combs, Roy) (Filed on 10/20/2021) |
| Filing 18 OPPOSITION/RESPONSE (re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] ) DENIAL AND OPPOSITION TO PETITION FOR RELIEF FROM CLAIM NOTICE filed byOakland Unified School District. (Combs, Roy) (Filed on 10/20/2021) |
Filing 17
ORDER granting #15 Ex Parte Application to enlarge the deadlines for Defendants' Opposition and Plaintiffs' Reply Brief for #4 Plaintiffs' Petition for Relief from Claim Notice Requirement: from 9/27/2021 until 10/20/2021 for any Oppositions; from 10/4/2021 to 11/3/2021 for any Reply Brief. Motions terminated: #15 Ex Parte Application for Order Enlarging Deadlines. Signed by Magistrate Judge Donna M. Ryu on 9/29/2021. (ig, COURT STAFF) (Filed on 9/29/2021)
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| Filing 16 Proposed Order re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] , #15 Ex Parte Application re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] , 14 Clerk's Notice Setting Zoom Hearing.,,,, 11 Clerk's Notice,, #13 Renotice motion hearing for Order Enlarging Deadli, 11 Clerk's Notice,, #13 Renotice motion hearing Enlarging Deadlines for Oppositions and Reply Briefs by Charles A Thomas. (Price, Pamela) (Filed on 9/24/2021) |
| Filing 15 Ex Parte Application re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] , 14 Clerk's Notice Setting Zoom Hearing.,,,, 11 Clerk's Notice,, #13 Renotice motion hearing for Order Enlarging Deadlines for Oppositions and Reply Briefs filed by Charles A Thomas. (Price, Pamela) (Filed on 9/24/2021) |
| Filing 14 CLERK'S NOTICE SETTING ZOOM HEARING. Hearing on #4 Plaintiffs' motion for relief from the government tort claims filing requirements is set for 11/17/2021 10:00 AM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. 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.uscour ts.gov/dmr 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.) (ig, COURT STAFF) (Filed on 9/22/2021) |
| Filing 13 Renotice motion hearing re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] filed byCharles A Thomas. (Related document(s) #4 ) (Price, Pamela) (Filed on 9/22/2021) |
| Filing 12 Summons Issued as to City of Oakland, Oakland Unified School District, Larichea Smith. (msrS, COURT STAFF) (Filed on 9/20/2021) |
| Filing 11 CLERK'S NOTICE: Plaintiffs' motion for relief from the government tort claims filing requirements #10 was re-noticed for hearing on a date that is not an available hearing date on Magistrate Judge Donna M. Ryu's calendar. The 10/21/2021 01:00 PM hearing date is VACATED. Plaintiffs shall re-notice (not re-file) the motion for a hearing in compliance with Local Rule 7-2(a) and Judge Ryu's Standing Order. The following briefing schedule remains in effect: Opposition due by 9/27/2021 and Reply due by 10/4/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 9/20/2021) |
| Filing 10 Renotice motion hearing re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] filed byCharles A Thomas. (Related document(s) #4 ) (Price, Pamela) (Filed on 9/20/2021) |
| Filing 9 Proposed Summons. (Price, Pamela) (Filed on 9/20/2021) |
| Filing 8 CLERK'S NOTICE: Plaintiffs' motion for relief from the government tort claims filing requirements #4 was noticed for hearing on a date that is not an available hearing date on Magistrate Judge Donna M. Ryu's calendar. The 11/18/2021 01:00 PM hearing date is VACATED. Plaintiffs shall re-notice (not re-file) the motion for a hearing in compliance with Local Rule 7-2(a) and Judge Ryu's Standing Order. Reset Deadlines as to #4 Opposition must be filed & served by 9/27/2021 and Reply must be filed & served by 10/4/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 9/14/2021) Modified on 9/14/2021 (ig, COURT STAFF). |
| Filing 7 Proposed Order re #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] , #5 Declaration in Support, by Zelda B.. (Price, Pamela) (Filed on 9/13/2021) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Charles A Thomas.. (Price, Pamela) (Filed on 9/13/2021) |
| Filing 5 Declaration of Charles A. Thomas, Sr. in Support of #4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] filed byCharles A Thomas. (Attachments: #1 Exhibit Exhibit A - Letter to School, #2 Exhibit Retainer Agreement - Stanley Goff, #3 Exhibit OUSD Complaint Response)(Related document(s) #4 ) (Price, Pamela) (Filed on 9/13/2021) |
| Filing 4 MOTION RELIEF FROM CLAIM NOTICE REQUIREMENT [GOVT. CODE 946.6, 911.6] filed by Zelda B.. Motion Hearing set for 11/18/2021 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 10/28/2021. Replies due by 11/4/2021. (Attachments: #1 Exhibit Exhibit A - City of Oakland Claims, #2 Exhibit Exhibit B - OUSD Claims)(Price, Pamela) (Filed on 9/13/2021) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/8/2021. Initial Case Management Conference set for 12/15/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (msrS, COURT STAFF) (Filed on 9/13/2021) |
| Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. 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 9/27/2021. (mbcS, COURT STAFF) (Filed on 9/13/2021) |
| Filing 1 COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND NEGLIGENCE against All Defendants ( Filing fee $ 402, receipt number 0971-16384574.). Filed byZelda B.. (Attachments: #1 Civil Cover Sheet)(Price, Pamela) (Filed on 9/13/2021) |
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