Watkins et al v. City Of San Jose et al
| Sharon Watkins, Sylvia Buchanan, Deviny Buchanan and L.W. |
| City of San Jose, Ryan Dote and James Soh |
| 5:2015cv05786 |
| December 17, 2015 |
| US District Court for the Northern District of California |
| San Jose Office |
| Santa Clara |
| Susan van Keulen |
| Lucy H Koh |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on September 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 61 MANDATE of USCA as to #55 Notice of Appeal. filed by Sharon Watkins, L.W., Sylvia Buchanan, Deviny Buchanan. The judgment of this Court, entered July 26, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (bwS, COURT STAFF) (Filed on 9/26/2019) |
Filing 60
ORDER of USCA as to #55 Notice of Appeal, filed by Sharon Watkins, L.W., Sylvia Buchanan, Deviny Buchanan. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED (Doc. 37). (bwS, COURT STAFF) (Filed on 9/18/2019)
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| Filing 59 USCA Memorandum Disposition as to #55 Notice of Appeal, filed by Sharon Watkins, L.W., Sylvia Buchanan, Deviny Buchanan. AFFIRMED. FILED AND ENTERED JUDGMENT. (Attachments: #1 Dissent)(dhmS, COURT STAFF) (Filed on 7/29/2019) |
| Filing 58 FILED CLERK ORDER of USCA as to #55 Notice of Appeal, filed by Sharon Watkins, L.W., Sylvia Buchanan, Deviny Buchanan. The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Therefore, this case is ordered submitted without oral argument on Thursday, October 11, 2018, in San Francisco, California. (dhmS, COURT STAFF) (Filed on 9/25/2018) |
| USCA Notice of Oral Argument on Thursday, October 11, 2018 - 9:30 am - Courtroom 3 - San Francisco CA. re #55 Notice of Appeal (dhmS, COURT STAFF) (Filed on 7/30/2018) |
| Filing 57 Costs Taxed in amount of $ 4992.36 against Plaintiffs. (tshS, COURT STAFF) (Filed on 10/19/2017) |
| Filing 56 USCA Case Number 17-16100 Ninth Circuit Court of Appeals for #55 Notice of Appeal, filed by Sharon Watkins, L.W., Sylvia Buchanan, Deviny Buchanan. The schedule is set as follows: Mediation Questionnaire due on 06/02/2017. Transcript ordered by 06/26/2017. Transcript due 07/24/2017. Appellants Deviny Buchanan, Sylvia Buchanan and L. W. opening brief due 09/05/2017. Appellees City of San Jose, Ryan Dote and James Soh answering brief due 10/02/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. (dhmS, COURT STAFF) (Filed on 5/30/2017) |
| Filing 55 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Deviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins. Appeal of Order #53 , Order on Motion for Summary Judgment #52 (Appeal fee of $505 receipt number 0971-11421602 paid.) (Dawson, James) (Filed on 5/25/2017) |
| Filing 54 BILL OF COSTS by City of San Jose, Ryan Dote, James Soh. Objections due by 5/31/2017 (Johnson, Ardell) (Filed on 5/17/2017) |
| Filing 53 JUDGMENT. Signed by Judge Lucy H. Koh on May 4, 2017. (lhklc1, COURT STAFF) (Filed on 5/4/2017) |
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Filing 52
ORDER by Judge Lucy H. Koh Granting #44 Motion for Summary Judgment. (lhklc1, COURT STAFF) (Filed on 5/4/2017)
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| Filing 51 CLERK'S NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion for Summary Judgment (ECF No. #44 ) before Judge Lucy H. Koh previously noticed for 4/27/17 at 1:30 PM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 4/27/17 hearing is VACATED. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 4/25/2017) |
| Filing 50 REPLY (re #44 MOTION for Summary Judgment ) DEFENDANTS REPLY TO PLAINTIFFS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT filed byCity of San Jose, Ryan Dote, James Soh. (Attachments: #1 Declaration DECLARATION OF MAREN J. CLOUSE IN SUPPORT OF REPLY TO PLAINTIFFS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT)(Clouse, Maren) (Filed on 3/30/2017) |
| Filing 49 OPPOSITION/RESPONSE (re #44 MOTION for Summary Judgment ) filed byDeviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins. (Attachments: #1 Declaration of Gregg Dietz in Support of MSJ, #2 Declaration of JJB in Support of MSJ, #3 Exhibit 1 of JJB Declaration, #4 Exhibit 2 of JJB Declaration, #5 Exhibit 3 of JJB Declaration, #6 Exhibit 4 of JJB Declaration, #7 Exhibit 5 of JJB Declaration, #8 Exhibit 6 of JJB Declaration, #9 Exhibit 7 of JJB Declaration, #10 Exhibit 8 of JJB Declaration, #11 Exhibit 9 of JJB Declaration, #12 Exhibit 10 of JJB Declaration)(Dawson, James) (Filed on 3/23/2017) |
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Filing 48
ORDER by Judge Lucy H. Koh Granting #47 Stipulation. (lhklc1S, COURT STAFF) (Filed on 3/20/2017)
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| Filing 47 STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINES FOR EXPERT DISCOVERY filed by City of San Jose. (Johnson, Ardell) (Filed on 3/13/2017) |
| Filing 46 EXHIBITS re #44 MOTION for Summary Judgment , #45 Proposed Order Manual Filing Notification filed byCity of San Jose, Ryan Dote, James Soh. (Related document(s) #44 , #45 ) (Johnson, Ardell) (Filed on 3/9/2017) |
| Filing 45 Proposed Order re #44 MOTION for Summary Judgment by City of San Jose, Ryan Dote, James Soh. (Johnson, Ardell) (Filed on 3/9/2017) |
| Filing 44 MOTION for Summary Judgment filed by City of San Jose, Ryan Dote, James Soh. Motion Hearing set for 4/27/2017 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 3/23/2017. Replies due by 3/30/2017. (Attachments: #1 Declaration Maren Clouse, #2 Declaration Raul Corral, #3 Declaration Ryan Dote, #4 Declaration James Soh, #5 Declaration Barry Witt)(Johnson, Ardell) (Filed on 3/9/2017) |
| Filing 43 **CLERK'S NOTICE REGARDING THE NEXT CASE MANAGEMENT CONFERENCE** Pursuant to this Notice, the 2/8/2017 further CMC is HEREBY CONTINUED to 5/24/2017 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text only docket entry, there is no document associated with this notice.) (ofr, COURT STAFF) (Filed on 2/4/2017) |
| Filing 42 CASE MANAGEMENT STATEMENT UPDATED JOINT filed by City of San Jose. (Clouse, Maren) (Filed on 2/1/2017) |
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Filing 41
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Susan van Keulen for all further discovery proceedings. Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by Executive Committee on 1/20/2017. (ofr, COURT STAFF) (Filed on 1/20/2017)
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Filing 40
ORDER by Judge Lucy H. Koh Granting #39 Stipulation. (lhklc1, COURT STAFF) (Filed on 11/15/2016)
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| Filing 39 STIPULATION WITH PROPOSED ORDER Stipulation and Proposed Order Directing Release of Cell Phone Records filed by City of San Jose, Ryan Dote, James Soh. (Clouse, Maren) (Filed on 11/14/2016) |
| Filing 38 **CLERK'S NOTICE REGARDING THE NEXT CASE MANAGEMENT CONFERENCE BEFORE THE HON. LUCY H. KOH** Pursuant to this Notice, the 10/26/2016 Further CMC is continued to 2/8/2017 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. 7 days before the next CMC, the Parties must jointly file an updated Case Management Conference Statement, per Civil L.R. 16-10(d). (This is a text-only notice; there is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 10/25/2016) |
| Filing 37 NOTICE of Change In Counsel by Nicholas Garrett Emanuel Notice of Reassignment of Counsel (Emanuel, Nicholas) (Filed on 10/24/2016) |
| Filing 36 JOINT CASE MANAGEMENT STATEMENT Updated Joint Subsequent Case Managment Conference Statement filed by City of San Jose, Ryan Dote, James Soh. (Clouse, Maren) (Filed on 10/24/2016) |
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Filing 35
Order Directing Parties to File a Joint Case Management Statement. Signed by Judge Lucy H. Koh on 10/21/16. (lhklc2, COURT STAFF) (Filed on 10/21/2016)
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| Filing 34 STATUS REPORT Joint Settlement Status Report by Deviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins. (Emanuel, Nicholas) (Filed on 9/21/2016) |
| Filing 33 CERTIFICATION OF ENE Session 9/15/2016, conducted by Evaluator David A. Levy. Case not settled, ENE complete. (af, COURT STAFF) (Filed on 9/16/2016) |
| Set/Reset Hearing ENE Hearing set for 9/15/2016 10:00 AM., at the Federal Courthouse, 280 S. First Street, San Jose, CA 95113. (af, COURT STAFF) (Filed on 7/25/2016) |
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Filing 32
CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on July 21, 2016. (lhklc1, COURT STAFF) (Filed on 7/21/2016)
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| ECF calendar updated, re #32 : Further Case Management Conference set for 10/26/2016 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. (sms, COURT STAFF) (Filed on 7/21/2016) |
| Filing 31 JOINT CASE MANAGEMENT STATEMENT filed by Deviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins. (Emanuel, Nicholas) (Filed on 7/20/2016) |
| Filing 30 Pre ENE phone conference scheduled on Thursday, July 14, 2016, at 2:00 PM. City Attorney will set up the conference call and provided call-in information to parties. (af, COURT STAFF) (Filed on 7/13/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 29 ADR Clerk's Notice Appointing David A. Levy as ENE Evaluator. (af, COURT STAFF) (Filed on 7/7/2016) |
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Filing 28
ORDER by Judge Lucy H. Koh granting #27 Stipulation selecting Early Neutral Evaluation. (lhklc1, COURT STAFF) (Filed on 6/27/2016)
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| Filing 27 STIPULATION and Proposed Order selecting Early Neutral Evaluation by Deviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins filed by Deviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins. (Emanuel, Nicholas) (Filed on 6/27/2016) |
| Filing 26 ADR Remark: ADR Phone Conference held by Howard Herman on 6/15/2016. (af, COURT STAFF) (Filed on 6/17/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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Filing 25
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Howard R. Lloyd for referral purposes. Magistrate Judge Paul Singh Grewal no longer assigned to the case. Signed by the Executive Committee on June 6, 2016. (cjlS, COURT STAFF) (Filed on 6/6/2016)
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| Filing 24 ADR Remark: The ADR Phone Conference scheduled on 6/15/2016, shall now commence at 2:00 PM Pacific time. The call-in information remains the same. This is a text only docket entry; there is no document associated with this notice. (af, COURT STAFF) (Filed on 6/1/2016) |
| Filing 23 ADR Remark: The ADR Phone Conference that was scheduled on 6/1/2016, has been rescheduled to 6/15/2016, at 10:30 AM Pacific time. The call-in information remains the same. This is a text only docket entry; there is no document associated with this notice. (af, COURT STAFF) (Filed on 5/27/2016) |
| Filing 22 NOTICE by City of San Jose, Ryan Dote, James Soh Notice of Additional Counsel for Service (Clouse, Maren) (Filed on 5/23/2016) |
| Filing 21 ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, June 1, 2016, at 10:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 5/18/2016) |
| ECF calendar updated, re #20 : L/D for hearing on dispositive motions set for 4/27/2017 at 1:30 PM; Final Pretrial Conference set for 7/20/2017 at 1:30 PM; and 10-day jury trial set for 8/7/2017 at 9:00 AM. All matters to take place in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (sms, COURT STAFF) (Filed on 4/20/2016) |
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Filing 20
CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on April 20, 2016. (lhklc1, COURT STAFF) (Filed on 4/20/2016)
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| Filing 19 Minute Entry for proceedings held before Hon. Lucy H. Koh: Initial Case Management Conference held on 4/20/2016 from 2:09-2:15 P.M. A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the Conference. A further Case Management Conference is set for 7/27/2016 at 2:00 P.M. in Courtroom 8, 4th Floor, San Jose. 7-days prior to the next CMC date, the parties shall file an updated Joint Case Management Statement, pursuant to Civil Local Rules 16-10(d). Court Reporter: Lee-Anne Shortridge. Courtroom Deputy: Stacy Sakamoto. Representing Plaintiffs: Attorney Nicholas Garrett Emanuel. Representing Defendants: Attorney Ardell Johnson. (This is a text only Minute Entry; there is no document associated with this entry) (sms, COURT STAFF) (Date Filed: 4/20/2016) |
| Filing 18 JOINT CASE MANAGEMENT STATEMENT filed by Deviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins. (Emanuel, Nicholas) (Filed on 4/13/2016) |
| Filing 17 NOTICE of Change In Counsel by Nkia Desiree Richardson (Richardson, Nkia) (Filed on 4/13/2016) |
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Filing 16
ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul Singh Grewal granting #15 (psglc2, COURT STAFF) (Filed on 3/22/2016)
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| Filing 15 STIPULATION WITH PROPOSED ORDER FOR PROTECTIVE ORDER filed by City of San Jose. (Johnson, Ardell) (Filed on 3/21/2016) |
| Filing 14 **CLERK'S NOTICE FOLLOWING CASE RE-ASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the 3/7/2016 case re-assignment to Judge Lucy Koh, an Initial Case Management Conference is set before her on 4/20/2016 at 2:00 P.M. in Courtroom 8, 4th floor, in San Jose, California. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The Parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy Koh: http://cand.uscourts.gov/lhk. (This is a text only docket entry, there is no document associated with this notice.)(sms, COURT STAFF) (Filed on 3/17/2016) |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned to Hon. Lucy H. Koh l for all further proceedings. Magistrate Judge Paul Singh Grewal remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 3/7/2016. (bwS, COURT STAFF) (Filed on 3/7/2016)
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| Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ofr, COURT STAFF) (Filed on 3/7/2016) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City of San Jose.. (Johnson, Ardell) (Filed on 3/7/2016) |
| Filing 10 Defendant City of San Jose's Answer to Complaint ANSWER to Complaint with Jury Demand byCity of San Jose. (Johnson, Ardell) (Filed on 3/7/2016) |
| Filing 9 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) re #8 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options re document #8 ) (Emanuel, Nicholas) (Filed on 3/1/2016) |
| Filing 8 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Emanuel, Nicholas) (Filed on 3/1/2016) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Deviny Buchanan, Sylvia Buchanan, L.W., Sharon Watkins.. (Emanuel, Nicholas) (Filed on 1/11/2016) |
| Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 1/20/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. Forms are available at: http://cand.uscourts.gov/civilforms. (ofr, COURT STAFF) (Filed on 1/6/2016) |
| Filing 5 Summons Issued as to City of San Jose, Ryan Dote, James Soh. (cv, COURT STAFF) (Filed on 12/17/2015) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/15/2016. Case Management Conference set for 3/22/2016 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 12/17/2015) |
| Filing 3 Case assigned to Magistrate Judge Paul Singh Grewal. 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. by 12/31/2015. (haS, COURT STAFF) (Filed on 12/17/2015) |
| Filing 2 Proposed Summons. (Emanuel, Nicholas) (Filed on 12/17/2015) |
| Filing 1 COMPLAINT against City Of San Jose, San Jose Police Officer James Soh, San Jose Police Officer Ryan Dote ( Filing fee $ 400, receipt number 0971-10072936.). Filed bySharon Watkins, Laniyah Watkins, Deviny Buchanan, Sylvia Buchanan. (Attachments: #1 Civil Cover Sheet)(Emanuel, Nicholas) (Filed on 12/17/2015) |
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