Hellard v. City of San Rafael et al
| James Hellard |
| City of San Rafael, Lynn Murphy, Carl Huber and California Department of Transportation (Caltrans) |
| 4:2022cv02001 |
| March 29, 2022 |
| US District Court for the Northern District of California |
| Kandis A Westmore |
| Jeffrey S White |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 REPLY (re #21 MOTION to Dismiss for Lack of Jurisdiction)filed by City of San Rafael. (Attachments: #1 Certificate/Proof of Service Proof of Service)(von Loewenfeldt, Michael) (Filed on 5/16/2022) Modified on 5/17/2022 (kkp, COURT STAFF). |
| Filing 37 REPLY (re #22 MOTION to Dismiss ) filed by California Department of Transportation (Caltrans). (Attachments: #1 Certificate/Proof of Service)(Madrosen, Ian) (Filed on 5/16/2022) Modified on 5/17/2022 (kkp, COURT STAFF). |
Filing 36
ORDER CONTINUING HEARING ON #21 , #22 MOTIONS TO DISMISS, VACATING CASE MANAGEMENT CONFERENCE, AND INSTRUCTIONS TO PARTIES RE #25 , #26 , #28 PLAINTIFFS MOTIONS. Signed by Judge Jeffrey S. White on May 9, 2022. Motion Hearing set for 7/8/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (dts, COURT STAFF) (Filed on 5/9/2022)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 35 CERTIFICATE OF SERVICE to San Rafael by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 34 CERTIFICATE OF SERVICE to Cal Trans by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 33 Declaration of Dawn Hellard in Support of TRO and Motion filed byJames Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 32 Declaration of Kyla Hellard in Support of Motion for Order to Show Cause for Contempt and Support of TRO filed by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) Modified on 5/9/2022 (cjl, COURT STAFF). |
| Filing 31 Declaration of Michael Clark in Support of Motion for Order to Show Cause for Contempt and Support of TRO filed by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 30 Declaration of Timishe J. Rachal filed by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 29 Declaration of Robbie Powelson in Support of #26 MOTION for Sanctions, #25 MOTION to Strike filed by James Hellard. (Related document(s) #26 , #25 ) (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 28 MOTION for Leave to Amend filed by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 27 Proposed Order re #26 MOTION to Sanctions Carl Huber for Perjury by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 26 MOTION to Sanctions Carl Huber for Perjury filed by James Hellard. Responses due by 5/20/2022. Replies due by 5/27/2022. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 25 MOTION to Strike the Declaration of Carl Huber for Perjury filed by James Hellard. Responses due by 5/20/2022. Replies due by 5/27/2022. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 24 OPPOSITION/RESPONSE (re #22 MOTION to Dismiss ) filed byJames Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 23 OPPOSITION/RESPONSE (re #21 MOTION to Dismiss for Lack of Jurisdiction ) filed by James Hellard. (cjl, COURT STAFF) (Filed on 5/6/2022) |
| Filing 22 MOTION to Dismiss for lack of Jurisdiction and Failure to State a Claim filed by California Department of Transportation (Caltrans). Motion Hearing set for 6/3/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 5/9/2022. Replies due by 5/16/2022. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Madrosen, Ian) (Filed on 4/25/2022) Modified on 4/26/2022 (jml, COURT STAFF). |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by City of San Rafael, Carl Huber, Lynn Murphy. Motion Hearing set for 6/3/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 5/9/2022. Replies due by 5/16/2022. (Attachments: #1 Declaration Lynn Murphy, #2 Declaration Robert Cleland, #3 Proposed Order, #4 Certificate/Proof of Service)(von Loewenfeldt, Michael) (Filed on 4/25/2022) Modified on 4/26/2022 (jml, COURT STAFF). |
| Filing 20 ***DISREGARD DUPLICATE, SEE DOCKET ENTRY #19 *** Certificate of Interested Entities by Lynn Murphy (von Loewenfeldt, Michael) (Filed on 4/25/2022) Modified on 4/26/2022 (cjl, COURT STAFF). |
| Filing 19 Certificate of Interested Entities by Carl Huber, Lynn Murphy. (von Loewenfeldt, Michael) (Filed on 4/25/2022) Modified on 4/26/2022 (cjl, COURT STAFF). |
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Filing 18
ORDER by Judge Jeffrey S. White Denying #3 MOTION FOR TEMPORARY RESTRAINING ORDER. (dts, COURT STAFF) (Filed on 4/19/2022)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)
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| Filing 17 CLERK'S NOTICE VACATING HEARING ON #3 MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (dts, COURT STAFF) (Filed on 4/18/2022)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 16 PROOF OF SERVICE re #3 OPPOSITION to MOTION for Temporary Restraining Order and Preliminary Injunction filed by California Department of Transportation (Caltrans). (Madrosen, Ian) (Filed on 4/12/2022) Modified on 4/13/2022 (cjl, COURT STAFF). |
| Filing 15 SUMMONS Returned Executed California Department of Transportation (Caltrans) served on 4/4/2022, answer due 4/25/2022; City of San Rafael served on 4/4/2022, answer due 4/25/2022; Carl Huber served on 4/4/2022, answer due 4/25/2022; Lynn Murphy served on 4/4/2022, answer due 4/25/2022. (cjl, COURT STAFF) (Filed on 4/11/2022) |
| Filing 14 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order and Preliminary Injunction ) filed byCalifornia Department of Transportation (Caltrans). (Attachments: #1 Certificate/Proof of Service Proof of Service)(Madrosen, Ian) (Filed on 4/8/2022) |
| Filing 13 OPPOSITION/RESPONSE (re #3 MOTION for Temporary Restraining Order and Preliminary Injunction) filed by City of San Rafael. (Attachments: #1 Declaration Carl Huber, #2 Declaration Deputy Fire Chief Sinnott, #3 Declaration Lynn Murphy, #4 Exhibit A, #5 Exhibit B, #6 Declaration City Clerk Lara, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Proposed Order Denying Injunction, #13 Certificate/Proof of Service on Plaintiff)(von Loewenfeldt, Michael) (Filed on 4/8/2022) Modified on 4/11/2022 (cjl, COURT STAFF). |
| Filing 12 ACKNOWLEDGEMENT OF RECEIPT OF SERVICE DOCUMENTS as to #11 Summons Issued by the U.S. Marshals Service. (cjl, COURT STAFF) (Filed on 4/1/2022) |
| Filing 11 Summons Issued as to California Department of Transportation (Caltrans), City of San Rafael, Carl Huber, Lynn Murphy. (Attachments: #1 USM-285, #2 USM-285, #3 USM-285, #4 USM-285)(cjl, COURT STAFF) (Filed on 3/31/2022) |
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Filing 10
ORDER SETTING BRIEFING SCHEDULE AND HEARING ON #3 MOTION FOR TEMPORARY RESTRAINING ORDER AND INSTRUCTIONS RE SERVICE ON DEFENDANTS. Signed by Judge Jeffrey S. White on March 31, 2022. Response due by 4/8/2022. Reply due by 4/15/2022. Motion Hearing set for 4/22/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (dts, COURT STAFF) (Filed on 3/31/2022)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 9
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on March 31, 2022. Case Management Statement due by 6/24/2022. Initial Case Management Conference set for 7/1/2022 11:00 AM in Oakland, Courtroom 5, 2nd Floor. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (dts, COURT STAFF) (Filed on 3/31/2022)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 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Kandis A. Westmore 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 the Clerk on March 30, 2022. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 3/30/2022)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 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (bns, COURT STAFF) (Filed on 3/30/2022)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
ORDER by Magistrate Judge Kandis A. Westmore Granting #2 Motion for Leave to Proceed in forma pauperis. (bns, COURT STAFF) (Filed on 3/30/2022)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 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/21/2022. Initial Case Management Conference set for 6/28/2022 01:30 PM in Oakland, - To be determined. (cjl, COURT STAFF) (Filed on 3/29/2022)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 4 NOTICE Regarding Resources Available to Pro Se Litigants. (cjl, COURT STAFF) (Filed on 3/29/2022) |
| Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by James Hellard. (Attachments: #1 Proposed Order)(cjl, COURT STAFF) (Filed on 3/29/2022) Modified on 3/30/2022 (cjl, COURT STAFF). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by James Hellard. (cjl, COURT STAFF) (Filed on 3/29/2022) |
| Filing 1 COMPLAINT (no process) against California Department of Transportation (Caltrans), City of San Rafael, Carl Huber, Lynn Murphy. Filed by James Hellard. Consent/Declination due by 4/12/2022. (Attachments: #1 Civil Cover Sheet)(cjl, COURT STAFF) (Filed on 3/29/2022) |
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