Scarlett v. Coughlin et al
| Sidney Theodore Scarlett |
| Patrick Coughlin and United States |
| 4:2022cv06992 |
| November 8, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| P.I.: Other |
| 28 U.S.C. § 1442 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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| #Electronic filing error. REMINDER: Case division and case location information are incorrect. In the future, please be sure that the case number is correctly reflected on you r documents as Oakland Division and the case number should be 4:22-cv-06992-HSG. No further action is necessary Re: #27 Certificate of Service filed by United States (jrs, COURT STAFF) (Filed on 12/28/2022) |
| Reset Hearing as to #6 MOTION to Dismiss, See Docket No. #26 : Motion Hearing set for 4/20/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 12/27/2022) |
| Filing 27 CERTIFICATE OF SERVICE by United States re #26 Notice (Other) Defendants Notice of Hearing on Re-Noticed Motion to Dismiss (Brakebill, Kenneth) (Filed on 12/27/2022) |
| Filing 26 NOTICE by United States NOTICE OF HEARING OF DEFENDANTS RE-NOTICED MOTION TO DISMISS (Brakebill, Kenneth) (Filed on 12/27/2022) |
| Filing 25 ***DISREGARD, TO BE RE-FILED.** NOTICE by United States NOTICE OF HEARING OF DEFENDANTS RENOTICED MOTION TO DISMISS (Brakebill, Kenneth) (Filed on 12/27/2022) Modified on 12/27/2022 (ndr, COURT STAFF). |
| Filing 24 CERTIFICATE OF SERVICE by United States re #23 Notice (Other) (Brakebill, Kenneth) (Filed on 12/22/2022) |
| Filing 23 NOTICE by United States RE-NOTICE OF DEFENDANTS MOTION TO DISMISS (PURSUANT TO ECF NO. 22) (Brakebill, Kenneth) (Filed on 12/22/2022) |
| Filing 22 CLERK'S NOTICE RE DOCKET NOS. #20 AND #6 . (ndr, COURT STAFF) (Filed on 12/22/2022)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 21 CERTIFICATE OF SERVICE by United States re #20 Notice (Other) (Brakebill, Kenneth) (Filed on 12/22/2022) |
| Filing 20 Re-Notice of Motion and Motion to Dismiss by United States. (Brakebill, Kenneth) (Filed on 12/22/2022) Modified on 12/22/2022 (cjl, COURT STAFF). |
| Filing 19 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE RE DOCKET NO. #17 . Case Management Statement due by 2/7/2023. Initial Case Management Conference set for 2/14/2023 02:00 PM. The 2/14/2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. 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: 888-808-6929Access Code: 6064255The 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. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.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. (ndr, 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) |
| Filing 18 CERTIFICATE OF SERVICE by United States Re: ECF17 & Standing Orders (Brakebill, Kenneth) (Filed on 12/21/2022) |
| Filing 17 Case reassigned to Judge Haywood S Gilliam, Jr. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (jrs, COURT STAFF) (Filed on 12/20/2022) Modified on 12/20/2022 (jrs, COURT STAFF). (jrs, COURT STAFF). |
Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Caseload Rebalancing Judge 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 Judge The Clerk on 12/19/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 12/19/2022)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 15 This case will be randomly assigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (jrs, COURT STAFF) (Filed on 12/19/2022) |
| Filing 14 REQUEST for Reassignment of Case to a District Court Judge. Re: Dkt. No. #6 . Signed by Judge Nathanael M. Cousins on 12/19/2022. (lmh, COURT STAFF) (Filed on 12/19/2022)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) |
| Filing 13 MOTION to Stay re #6 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES, MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Sidney Theodore Scarlett. Responses due by 12/29/2022. Replies due by 1/5/2023. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(anj, COURT STAFF) (Filed on 12/15/2022) Modified on 12/19/2022 (jrs, COURT STAFF). |
| Filing 12 SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Case 5:22-cv-05436 BLF with 5:22-cv-06992 NC. Signed by Judge Nathanael M. Cousins on 12/5/2022. (lmh, COURT STAFF) (Filed on 12/5/2022)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 11 NOTICE OF PLAINTIFF SCARLETT Concerning Non-response to Motion to Dismiss; Extending Briefing and Hearing Schedule. Re: Dkt. No. #6 . Deadline to file response to motion is extended to 12/15/2022. United States' reply is due 14 days after opposition is filed. Hearing on motion is moved from 1/4/2023, to 1/18/2023, at 01:00 PM by zoom video. Scarlett is to file consent or declination form by 12/15/2022. Signed by Judge Nathanael M. Cousins on 12/2/2022. (Attachments: #1 Consent/Declination form)(lmh, COURT STAFF) (Filed on 12/2/2022)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 10 CERTIFICATE OF SERVICE by United States re #9 Consent/Declination to Proceed Before a US Magistrate Judge Proof of Service (Brakebill, Kenneth) (Filed on 12/1/2022) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States.. (Brakebill, Kenneth) (Filed on 12/1/2022) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge by 11/22/2022. 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. (lmh, COURT STAFF) (Filed on 11/15/2022)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 7 CERTIFICATE OF SERVICE by United States re #5 Initial Case Management Scheduling Order with ADR Deadlines, Proof of Service re ECF5 (Brakebill, Kenneth) (Filed on 11/15/2022) |
| Filing 6 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES filed by United States. Motion Hearing set for 1/4/2023 01:00 PM before Magistrate Judge Nathanael M. Cousins. Responses due by 11/29/2022. Replies due by 12/6/2022. (Brakebill, Kenneth) (Filed on 11/15/2022) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/1/2023. Initial Case Management Conference set for 2/8/2023 10:00 AM in San Jose, Courtroom 5, 4th Floor. (jml, COURT STAFF) (Filed on 11/15/2022)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 CERTIFICATE OF SERVICE by United States re 3 Case Assigned by Intake,, Proof of Service re ECF3 & Standing Orders (Brakebill, Kenneth) (Filed on 11/9/2022) |
| Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/23/2022. (jrs, COURT STAFF) (Filed on 11/9/2022) |
| Filing 2 CERTIFICATE OF SERVICE by United States re #1 Notice of Removal, Proof of Service re ECF1 (Brakebill, Kenneth) (Filed on 11/8/2022) |
| Filing 1 NOTICE OF REMOVAL of Civil Action from Santa Clara County Superior Court, Small Claims. Their case number is 22SC087891. (). Filed byUnited States. (Attachments: #1 Exhibit ExA-StCt Complaint, #2 Exhibit ExB-StCt Amended Complaint, #3 Exhibit ExC-10.31.2022 StCt Order, #4 Civil Cover Sheet Civil Cover Sheet)(Brakebill, Kenneth) (Filed on 11/8/2022) |
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