Malloy et al v. County of Santa Cruz
| Malloy, Michael Malloy, Ami Malloy, L. S. Malloy and E. S. Malloy |
| County of Santa Cruz, City of Scotts Valley, Officer Michael Birly, Carolyn Strage, Wendell Stamps, Yooni Pomper, Erin Burton, Stephanie Vicotti, Angelica Glass, Judy Yokel, Cecilia Espinoza and Beatrice Monjarez |
| 5:2016cv05135 |
| September 6, 2016 |
| US District Court for the Northern District of California |
| San Jose Office |
| Santa Cruz |
| Edward J Davila |
| Howard R Lloyd |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2017. A more recent docket listing may be available from PACER.
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Filing 92
ORDER GRANTING #91 STIPULATION TO DISMISS. Signed by Judge Edward J. Davila on 10/20/2017. The Clerk shall close this file.(ejdlc2S, COURT STAFF) (Filed on 10/20/2017)
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| Filing 91 MOTION to Dismiss REQUEST FOR DISMISSAL WITH PREJUDICE; PROPOSED ORDER filed by Ami Malloy. Responses due by 11/3/2017. Replies due by 11/13/2017. (Wells, Kathleen) (Filed on 10/20/2017) |
| Filing 90 RESPONSE TO ORDER TO SHOW CAUSE by County of Santa Cruz . (Rodriguez, Jose) (Filed on 10/20/2017) |
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Filing 89
ORDER TO SHOW CAUSE RE: SETTLEMENT. Order to Show Cause Hearing set for 10/26/2017 10:00 AM. Show Cause Response due by 10/19/2017. Signed by Judge Edward J. Davila on 8/28/2017. (ejdlc1S, COURT STAFF) (Filed on 8/28/2017)
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Filing 88
ORDER GRANTING #86 REQUEST FOR ORDER RE: MINORS' COMPROMISE. Signed by Judge Edward J. Davila on 8/24/2017. (ejdlc2S, COURT STAFF) (Filed on 8/24/2017)
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| Filing 87 Minute Entry for proceedings held before Hon. Edward J. Davila: Status Conference held on 8/24/2017. The parties confirmed this matter settled via Mediation. No further issues remain. Defendants have no objection to the Minor's Compromise. The Court will approve the proposed Order for Minor's Compromise. Plaintiff Attorney: Kathleen Wells via telephone. Defendant Attorney: Omar Rodriguez. Total Time in Court:10:05-10:08am(3 Mins.) Court Reporter: Irene Rodriguez. This is a text-only Minute Entry (amkS, COURT STAFF) (Date Filed: 8/24/2017) |
| Filing 86 Consent MOTION for Settlement (HEARING WAIVED) filed by Ami Malloy. Responses due by 9/6/2017. Replies due by 9/13/2017. (Wells, Kathleen) (Filed on 8/23/2017) |
| Filing 85 STATUS REPORT DEFENDANTS STATUS STATEMENT DISCLOSURES by County of Santa Cruz. (Rodriguez, Jose) (Filed on 8/17/2017) |
| Filing 84 CLERK'S NOTICE SETTING STATUS CONFERENCE. Please take NOTICE that a Status Conference has been set for 8/24/2017 at 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Status Statement due by 8/17/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 8/14/2017) |
| Filing 83 Certification of ADR Session by Mediator Claudia Leed: I hereby certify that the parties in this matter held a Mediation session on August 10, 2017. The case settled. Mediation is complete. (af, COURT STAFF) (Filed on 8/11/2017)This is a text-only entry generated by the court. There is no document associated with this entry. |
| Filing 82 ***PLEASE DISREGARD. DOCKETED IN ERROR***ADR Remark: The mediation set for 8/10/2017, was take OFF CALENDAR. (af, COURT STAFF) (Filed on 8/11/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) Modified on 8/11/2017 (af, COURT STAFF). |
| Set/Reset Hearing Mediation Hearing set for 8/10/2017 10:00 AM., at the U.S. District Court, 280 So. First Street, San Jose, CA 95113. (af, COURT STAFF) (Filed on 8/9/2017) |
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Filing 81
ORDER GRANTING #80 STIPULATION OF DISMISSAL OF CITY OF SCOTTS VALLEY AND OFFICER MICHAEL BIRLEY. Signed by Judge Edward J. Davila on 7/5/2017. (ejdlc2S, COURT STAFF) (Filed on 7/5/2017)
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| Filing 80 STIPULATION WITH PROPOSED ORDER for Dismissal of Defendants City of Scotts Valley and Michael Birley, only filed by Michael Birly, City of Scotts Valley. (Thompson, Ryan) (Filed on 6/30/2017) |
| Filing 79 Pre MED phone conference scheduled on June 20, 2017, at 10:00 AM. Parties should contact Mediator's office as soon as possible to confirm availability. (af, COURT STAFF) (Filed on 6/14/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 78 ADR Clerk's Notice Appointing Claudia Leed as Mediator. (af, COURT STAFF) (Filed on 6/9/2017) |
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Filing 77
ORDER GRANTING #57 DEFENDANTS' MOTION TO DISMISS AND #58 DEFENDANTS' MOTION TO STRIKE. Signed by Judge Edward J. Davila on 5/19/2017. The 5/25/2017 hearing is VACATED. No appearance necessary. (ejdlc2S, COURT STAFF) (Filed on 5/19/2017)
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Filing 76
ORDER GRANTING #59 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Edward J. Davila on 5/19/2017. (ejdlc2S, COURT STAFF) (Filed on 5/19/2017)
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| Filing 75 NOTICE of Appearance by Ryan M. Thompson (Thompson, Ryan) (Filed on 5/19/2017) |
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Filing 73
Order by Magistrate Judge Howard R. Lloyd granting #72 Stipulated Protective Order, as modified by the court. (hrllc3S, COURT STAFF) (Filed on 2/3/2017)
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Filing 74
CASE MANAGEMENT ORDER (SEE ORDER FOR SPECIFIC DEADLINES): the Case Management Conference scheduled for 2/9/2017 is VACATED - NO APPEARANCE NECESSARY and the parties are ordered to comply with the schedule set forth in the order. Trial Setting Conference set for 3/7/2019 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Trial Setting Conference Statement due by 2/25/2019. Anticipated Dispositive Motion Hearing set for 10/25/2018 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 2/2/2017. (amkS, COURT STAFF) (Filed on 2/2/2017)
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| Filing 72 STIPULATION WITH PROPOSED ORDER (FOR PROTECTIVE ORDER) filed by Michael Birly, City of Scotts Valley. (Ostrander, Rachel) (Filed on 2/2/2017) |
| Filing 71 CASE MANAGEMENT STATEMENT JOINT filed by Michael Birly, City of Scotts Valley. (Ostrander, Rachel) (Filed on 2/2/2017) |
| Filing 70 REPLY (re #57 MOTION to Dismiss ) filed byMichael Birly, City of Scotts Valley. (Ostrander, Rachel) (Filed on 1/17/2017) |
| Filing 69 Statement of Non-Opposition re #59 Administrative Motion to File Under Seal filed byAmi Malloy. (Related document(s) #59 ) (Wells, Kathleen) (Filed on 1/10/2017) |
| Filing 68 Statement of Non-Opposition re #58 MOTION to Strike #1 Complaint, filed byAmi Malloy. (Related document(s) #58 ) (Wells, Kathleen) (Filed on 1/10/2017) |
| Filing 67 Statement of Non-Opposition re #60 Request for Judicial Notice, filed byAmi Malloy. (Related document(s) #60 ) (Wells, Kathleen) (Filed on 1/10/2017) |
| Filing 66 OPPOSITION/RESPONSE (re #57 MOTION to Dismiss ) filed byAmi Malloy. (Wells, Kathleen) (Filed on 1/10/2017) |
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Filing 65
ORDER granting #63 Motion for Extension of Time to File Response/Reply re #57 MOTION to Dismiss , #58 MOTION to Strike #1 Complaint . Responses due by 1/10/2017. Replies due by 1/17/2017. Signed by Judge Edward J. Davila on 12/8/2016.(ejdlc1S, COURT STAFF) (Filed on 12/8/2016)
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| Filing 64 Statement of Non-Opposition filed byMichael Birly, City of Scotts Valley. (Ostrander, Rachel) (Filed on 12/7/2016) |
| Filing 63 First MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Strike #1 Complaint, , #57 MOTION to Dismiss ; Proposed Order filed by Michael Malloy. (Wells, Kathleen) (Filed on 12/6/2016) |
| Filing 62 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 2/2/2017. Initial Case Management Conference set for 2/9/2017 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 11/25/2016) |
| Filing 61 Proposed Order re #59 Administrative Motion to File Under Seal by Michael Birly, City of Scotts Valley. (Ostrander, Rachel) (Filed on 11/23/2016) |
| Filing 60 Request for Judicial Notice re #58 MOTION to Strike #1 Complaint, , #57 MOTION to Dismiss filed byMichael Birly, City of Scotts Valley. (Attachments: #1 Proposed Order)(Related document(s) #58 , #57 ) (Ostrander, Rachel) (Filed on 11/22/2016) |
| Filing 59 Administrative Motion to File Under Seal filed by Michael Birly, City of Scotts Valley. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit)(Ostrander, Rachel) (Filed on 11/22/2016) |
| Filing 58 MOTION to Strike #1 Complaint, filed by Michael Birly, City of Scotts Valley. Motion Hearing set for 5/25/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 12/6/2016. Replies due by 12/13/2016. (Attachments: #1 Proposed Order)(Ostrander, Rachel) (Filed on 11/22/2016) |
| Filing 57 MOTION to Dismiss filed by Michael Birly, City of Scotts Valley. Motion Hearing set for 5/25/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 12/6/2016. Replies due by 12/13/2016. (Attachments: #1 Proposed Order)(Ostrander, Rachel) (Filed on 11/22/2016) |
| Filing 56 NOTICE by County of Santa Cruz NOTICE OF NON-AVAILABILITY OF COUNSEL (Rodriguez, Jose) (Filed on 11/21/2016) |
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Filing 55
ORDER granting #54 Stipulation selecting Mediation. Signed by Judge Edward J. Davila on 11/18/2016. (ejdlc1S, COURT STAFF) (Filed on 11/18/2016)
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| Filing 54 STIPULATION and Proposed Order selecting Mediation by Michael Birly, City of Scotts Valley filed by Michael Birly, City of Scotts Valley. (Ostrander, Rachel) (Filed on 11/16/2016) |
| Filing 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Def. M. Birley (Thompson, Ryan) (Filed on 11/14/2016) |
| Filing 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for City of Scotts Valley (Thompson, Ryan) (Filed on 11/14/2016) |
| Filing 51 ANSWER to Complaint with Jury Demand byErin Burton, County of Santa Cruz, Cecilia Espinoza, Angelica Glass, Beatrice Monjarez, Yooni Pomper, Wendell Stamps, Carolyn Strage, Stephanie Vicotti, Judy Yokel. (Rodriguez, Jose) (Filed on 11/7/2016) |
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Filing 50
ORDER granting #2 Motion to Appoint Guardian ad Litem. Signed by Judge Edward J. Davila on 11/4/2016. (ejdlc1S, COURT STAFF) (Filed on 11/4/2016)
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| Filing 49 STIPULATION to Extend Time to Answer filed by Michael Birly, City of Scotts Valley. (Ostrander, Rachel) (Filed on 11/4/2016) |
| Filing 48 Summons Returned Unexecuted as to Angelica Glass. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 47 Summons Returned Unexecuted as to Judy Yokel. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 46 SUMMONS Returned Executed Yooni Pomper served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 45 SUMMONS Returned Executed Erin Burton served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 44 SUMMONS Returned Executed Cecilia Espinoza served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 43 SUMMONS Returned Executed Beatrice Monjarez served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 42 SUMMONS Returned Executed Carolyn Strage served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 41 SUMMONS Returned Executed Stephanie Vicotti served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 40 SUMMONS Returned Executed Michael Birly served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 39 SUMMONS Returned Executed County of Santa Cruz served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 38 SUMMONS Returned Executed Wendell Stamps served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
| Filing 37 SUMMONS Returned Executed by City of Scotts Valley. City of Scotts Valley served on 10/18/2016, answer due 11/8/2016. (dhmS, COURT STAFF) (Filed on 10/27/2016) |
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Filing 36
ORDER REASSIGNING CASE. Case reassigned to Hon. Edward J. Davila for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Howard R. Lloyd remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 10/25/2016. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 10/25/2016)
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| Filing 35 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. (pmc, COURT STAFF) (Filed on 10/25/2016) |
| Filing 34 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Malloy.. (Wells, Kathleen) (Filed on 10/25/2016) |
| Filing 33 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 10/18/2016. 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. (pmc, COURT STAFF) (Filed on 10/4/2016) |
| Filing 32 Summons Issued as to County of Santa Cruz. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 31 Summons Issued as to City of Scotts Valley. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 30 Summons Issued as to Michael Birly. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 29 Summons Issued as to Carolyn Strage. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 28 Summons Issued as to Wendell Stamps. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 27 Summons Issued as to Yooni Pomper. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 26 Summons Issued as to Erin Burton. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 25 Summons Issued as to Stephanie Vicotti. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 24 Summons Issued as to Angelica Glass. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 23 Summons Issued as to Judy Yokel. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 22 Summons Issued as to Cecilia Espinoza. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
| Filing 21 Summons Issued as to Beatrice Monjarez. (Attachments: #1 USM 285 Form)(dhmS, COURT STAFF) (Filed on 9/14/2016) |
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Filing 20
Order by Magistrate Judge Howard R. Lloyd granting #4 Application to Proceed In Forma Pauperis. (hrllc3S, COURT STAFF) (Filed on 9/8/2016)
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Filing 19
Order by Magistrate Judge Howard R. Lloyd granting #3 Application to Proceed In Forma Pauperis. (hrllc3S, COURT STAFF) (Filed on 9/8/2016)
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| Filing 18 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/29/2016. Case Management Conference set for 12/6/2016 01:30 PM in Courtroom 2, 5th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 9/7/2016) |
| Filing 17 Case assigned to Magistrate Judge Howard R. Lloyd. 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 9/21/2016. (haS, COURT STAFF) (Filed on 9/7/2016) |
| Filing 16 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 15 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 14 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 13 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 12 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 11 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 10 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 9 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 8 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 7 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 6 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Filing 5 Proposed Summons. (Wells, Kathleen) (Filed on 9/7/2016) |
| Electronic filing error. Counsel failed to enter defendants names on to docket and entered incorrect filer information on complaint docket text. Corrected by Clerk's Office. No further action is necessary. Re: #1 Complaint, filed by L. S. Malloy, Ami Malloy, E. S. Malloy, Michael Malloy (dhmS, COURT STAFF) (Filed on 9/7/2016) |
| Filing 4 First Ex Parte Application to Proceed in Forma Pauperis filed by MICHAEL MALLOY. (Wells, Kathleen) (Filed on 9/6/2016) |
| Filing 3 First Ex Parte Application to Proceed In Forma Pauperis filed by AMI MALLOY. (Wells, Kathleen) (Filed on 9/6/2016) |
| Filing 2 First MOTION to Appoint Ad Litem ad Litem Guardian filed by AMI MALLOY. (Wells, Kathleen) (Filed on 9/6/2016) |
| Filing 1 COMPLAINT FOR DAMAGES against All Defendants. Filed by Ami Malloy, Michael Malloy, L.S. Malloy, E.S. Malloy. (Attachments: #1 Civil Cover Sheet)(Wells, Kathleen) (Filed on 9/6/2016) Modified text on 9/7/2016 and corrected filer information (dhmS, COURT STAFF). |
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