Zuegel v. Mountain View Police Department (MVPD) et al
Plaintiff: James R. Zuegel
Defendant: Officer Ward, City of Mountain View, Mountain View Police Department (MVPD), Detective Garcia, Employees of MVPD and Detective Moore
Case Number: 5:2017cv03249
Filed: June 6, 2017
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Virginia K DeMarchi
Referring Judge: Beth Labson Freeman
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2018 Opinion or Order Filing 59 ORDER DISMISSING WITHOUT LEAVE TO AMEND BANE ACT CLAIM FOR LACK OF SUBJECT MATTER JURISDICTION. Signed by Judge Beth Labson Freeman on 11/20/2018. (blflc2S, COURT STAFF) (Filed on 11/20/2018)
November 9, 2018 Filing 58 Supplemental Brief Regarding Subject Matter Jurisdiction over Bane Act Claim filed byCity of Mountain View, Employees of MVPD, Garcia, Moore, Mountain View Police Department (MVPD), Ward. (Khan, Saman) (Filed on 11/9/2018)
November 9, 2018 Filing 57 Supplemental Brief re Article III Standing filed byJames R. Zuegel. (Grayson, Violet) (Filed on 11/9/2018)
October 26, 2018 Opinion or Order Filing 56 ORDER GRANTING IN PART AND DENYING IN PART #45 DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT. Supplemental briefing due November 9, 2018. Signed by Judge Beth Labson Freeman on 10/26/2018.(blflc2S, COURT STAFF) (Filed on 10/26/2018)
October 17, 2018 Filing 55 Letter from Violet Elizabeth Grayson . (Grayson, Violet) (Filed on 10/17/2018)
October 17, 2018 Opinion or Order Filing 54 ORDER STRIKING #52 PLAINTIFFS LETTER BRIEF POST RULE 12(B)(6). Signed by Judge Beth Labson Freeman on 10/17/2018. (blflc2S, COURT STAFF) (Filed on 10/17/2018)
October 17, 2018 Filing 53 Supplemental Brief Regarding Motion to Dismiss Second Amended Complaint filed byCity of Mountain View, Employees of MVPD, Garcia, Moore, Mountain View Police Department (MVPD), Ward. (Khan, Saman) (Filed on 10/17/2018)
October 16, 2018 Filing 52 Letter Post Rule 12(b)(6) Hearing. (Grayson, Violet) (Filed on 10/16/2018)
September 27, 2018 Filing 51 Minute Entry for proceedings held before Judge Beth Labson Freeman:Motion Hearing held on 9/27/2018 re #45 Second MOTION to Dismiss filed by Garcia, Mountain View Police Department (MVPD), Moore, Ward, City of Mountain View. Oral Argument Heard; Written Order to be issued.Total Time in Court: Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Violet Elizabeth Grayson. Defendant Attorney: Saman Khan, Jon Heaberlin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 9/27/2018)
September 26, 2018 Filing 50 TRANSCRIPT ORDER for proceedings held on 02/08/2018 before Judge Beth Labson Freeman by City of Mountain View, Employees of MVPD, Garcia, Moore, Mountain View Police Department (MVPD), Ward, for Court Reporter Summer Fisher. (Khan, Saman) (Filed on 9/26/2018)
August 23, 2018 Filing 49 REPLY (re #45 Second MOTION to Dismiss ) filed byCity of Mountain View, Garcia, Moore, Mountain View Police Department (MVPD), Ward. (Heaberlin, Jon) (Filed on 8/23/2018)
August 9, 2018 Filing 48 OPPOSITION/RESPONSE (re #45 Second MOTION to Dismiss ) filed byJames R. Zuegel. (Grayson, Violet) (Filed on 8/9/2018)
July 9, 2018 Opinion or Order Filing 47 ORDER GRANTING #46 STIPULATION TO EXTEND BRIEFING SCHEDULE RE: #45 MOTION TO DISMISS SECOND AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 7/9/2018. (blflc2S, COURT STAFF) (Filed on 7/9/2018)
July 6, 2018 Filing 46 STIPULATION WITH PROPOSED ORDER re Briefing Schedule filed by James R. Zuegel. (Grayson, Violet) (Filed on 7/6/2018)
June 26, 2018 Filing 45 Second MOTION to Dismiss filed by City of Mountain View, Garcia, Moore, Mountain View Police Department (MVPD), Ward. Motion Hearing set for 9/27/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 7/10/2018. Replies due by 7/17/2018. (Attachments: #1 (Points and Authorities), #2 Proposed Order)(Heaberlin, Jon) (Filed on 6/26/2018)
June 7, 2018 Opinion or Order Filing 44 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by Judge Executive Committee on 6/7/2018. (cv, COURT STAFF) (Filed on 6/7/2018)
May 31, 2018 Filing 43 AMENDED COMPLAINT (Second Amended Complaint) against All Defendants. Filed byJames R. Zuegel. (Grayson, Violet) (Filed on 5/31/2018)
May 7, 2018 Opinion or Order Filing 42 ORDER GRANTING #41 STIPULATION EXTENDING TIME TO FILE AND RESPOND TO AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 5/7/2018. (blflc2S, COURT STAFF) (Filed on 5/7/2018)
May 7, 2018 Filing 41 Proposed Order Extending Time to File Amended Complaint, and for Defendants' Response to Same by James R. Zuegel. (Grayson, Violet) (Filed on 5/7/2018)
April 19, 2018 Opinion or Order Filing 40 ORDER GRANTING WITH LEAVE TO AMEND IN PART AND WITHOUT LEAVE TO AMEND IN PART #19 DEFENDANTS' MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 4/19/2018. (blflc2S, COURT STAFF) (Filed on 4/19/2018)
March 1, 2018 Filing 39 Transcript of Proceedings held on 02/08/2018, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #38 Transcript Order ) Release of Transcript Restriction set for 5/30/2018. (Related documents(s) #38 ) (Fisher, Summer) (Filed on 3/1/2018)
February 13, 2018 Filing 38 TRANSCRIPT ORDER before Judge Beth Labson Freeman by James R. Zuegel, for Court Reporter Summer Fisher. (Grayson, Violet) (Filed on 2/13/2018)
February 13, 2018 Opinion or Order Filing 37 ORDER GRANTING #36 STIPULATION REGARDING CASE SCHEDULE. Signed by Judge Beth Labson Freeman on 2/13/2018. (blflc2S, COURT STAFF) (Filed on 2/13/2018)
February 13, 2018 Filing 36 STIPULATION WITH PROPOSED ORDER (Regarding Case Schedule) filed by City of Mountain View, Garcia, Moore, Ward. (Heaberlin, Jon) (Filed on 2/13/2018)
February 13, 2018 Filing 35 TRANSCRIPT ORDER for proceedings held on 2/8/2018 before Judge Beth Labson Freeman by James R. Zuegel, for Court Reporter FTR - San Jose. (Grayson, Violet) (Filed on 2/13/2018)
February 8, 2018 Opinion or Order Filing 34 CASE MANAGEMENT ORDER re 33 Case Management Conference - Initial, Last Day to Hear Dispositive Motions set for 7/02/2020 09:00 AM. Final Pretrial Conference set for 9/17/2020 01:30 PM. Jury Selection set for 10/16/2020, 10/19/2020 09:00 AM. Jury Trial set for 10/19/2020, 10/20/2020, 10/21/2020, 10/22/2020, 10/23/2020, 10/26/2020, 10/27/2020, 10/28/2020, 10/29/2020, and 10/30/2020 09:00 AM before Judge Beth Labson Freeman.Signed by Judge Beth Labson Freeman on 2/8/2018. (tshS, COURT STAFF) (Filed on 2/8/2018)
February 8, 2018 Filing 33 Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 2/8/2018.Total Time in Court: 7 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Violet Grayson. Defendant Attorney: Jon Heaberlin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 2/8/2018)
February 8, 2018 Filing 32 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 2/8/2018 re #19 MOTION to Dismiss filed by Garcia, Mountain View Police Department (MVPD), Moore, Employees of MVPD, Ward, City of Mountain View. Total Time in Court: 38 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Violet Grayson. Defendant Attorney: Jon Heaberlin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 2/8/2018)
January 30, 2018 Filing 31 ADR Remark: ADR Phone Conference held on 1/30/2018 by Howard Herman. (cmf, COURT STAFF) (Filed on 1/30/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.)
January 26, 2018 Reset Hearings and Deadlines re #30 Order: #19 MOTION to Dismiss . Initial Case Management Conference set for 2/8/2018 11:00 AM in San Jose, Courtroom 3, 5th Floor. Case Management Statement due by 2/1/2018. Motion Hearing set for 2/8/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (tshS, COURT STAFF) (Filed on 1/26/2018)
January 25, 2018 Opinion or Order Filing 30 ORDER RESETTING HEARING ON DEFENDANTS' MOTION TO DISMISS TO FEBRUARY 8, 2018 AT 9:00 A.M.; RESETTING INITIAL CASE MANAGEMENT CONFERENCE TO FEBRUARY 8, 2018 AT 11:00 A.M. Signed by Judge Beth Labson Freeman on 1/25/2018. (blflc2S, COURT STAFF) (Filed on 1/25/2018)
January 25, 2018 Filing 29 Letter re Scheduling of Appearance. (Grayson, Violet) (Filed on 1/25/2018)
January 24, 2018 Reset Deadlines and Hearings re #28 Order: Initial Case Management Conference set for 2/1/2018 11:00 AM. Case Management Statement due by 1/25/2018. Motion Hearing set for 2/1/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (tshS, COURT STAFF) (Filed on 1/24/2018)
January 24, 2018 Opinion or Order Filing 28 ORDER RESETTING HEARING ON #19 DEFENDANTS' MOTION TO DISMISS TO FEBRUARY 1, 2018 AT 9:00 A.M.; RESETTING CASE MANAGEMENT CONFERENCE TO FEBRUARY 1, 2018 AT 11:00 A.M. Signed by Judge Beth Labson Freeman on 1/24/2018. (blflc2S, COURT STAFF) (Filed on 1/24/2018)
January 4, 2018 Filing 27 CASE MANAGEMENT STATEMENT (Joint, with Rule 26f Report) filed by City of Mountain View, Garcia, Moore, Ward. (Heaberlin, Jon) (Filed on 1/4/2018)
January 3, 2018 Filing 26 ADR Clerk's Notice Setting ADR Phone Conference on January 30, 2018 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. (cmf, COURT STAFF) (Filed on 1/3/2018)
January 3, 2018 Filing 25 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Heaberlin, Jon) (Filed on 1/3/2018)
December 21, 2017 Filing 24 Letter from Violet Elizabeth Grayson re Footnote 1 of Defendants' Reply on Rule 12 Motion. (Grayson, Violet) (Filed on 12/21/2017)
December 18, 2017 Filing 23 REPLY (re #19 MOTION to Dismiss ) filed byCity of Mountain View, Garcia, Moore, Ward. (Heaberlin, Jon) (Filed on 12/18/2017)
December 8, 2017 Filing 22 OPPOSITION/RESPONSE (re #19 MOTION to Dismiss ) filed byJames R. Zuegel. (Grayson, Violet) (Filed on 12/8/2017)
October 31, 2017 Opinion or Order Filing 21 ORDER GRANTING #20 STIPULATION EXTENDING BRIEFING SCHEDULE FOR MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 10/31/2017. (blflc2S, COURT STAFF) (Filed on 10/31/2017)
October 30, 2017 Filing 20 STIPULATION WITH PROPOSED ORDER re #19 MOTION to Dismiss (Extending Briefing Time by One Week) filed by James R. Zuegel. (Grayson, Violet) (Filed on 10/30/2017)
October 27, 2017 Filing 19 MOTION to Dismiss filed by City of Mountain View, Employees of MVPD, Garcia, Moore, Mountain View Police Department (MVPD), Ward. Motion Hearing set for 2/8/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Responses due by 12/1/2017. Replies due by 12/11/2017. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit "A", #4 Exhibit "B", #5 Proposed Order)(Heaberlin, Jon) (Filed on 10/27/2017)
October 24, 2017 Filing 18 AMENDED COMPLAINT against All Defendants. Filed byJames R. Zuegel. (Grayson, Violet) (Filed on 10/24/2017)
October 23, 2017 Filing 17 COMPLAINT Redacted Per Court Order against All Defendants. Filed byJames R. Zuegel. (Grayson, Violet) (Filed on 10/23/2017)
October 18, 2017 Opinion or Order Filing 16 ORDER GRANTING IN PART AND DENYING IN PART #14 PLAINTIFF'S MOTION TO PROCEED UNDER PSEUDONYM, CHANGE CASE CAPTION, AND REDACT SURNAME ON PRIVACY GROUNDS. Signed by Judge Beth Labson Freeman on 10/18/2017. (blflc2S, COURT STAFF) (Filed on 10/18/2017)
October 9, 2017 Filing 15 OPPOSITION/RESPONSE (re #14 MOTION Proceed Under Pseudonym, Redaction, Change of Caption ) filed byCity of Mountain View, Garcia, Moore, Mountain View Police Department (MVPD), Ward. (Attachments: #1 Declaration, #2 Exhibit "A", #3 Exhibit "B")(Heaberlin, Jon) (Filed on 10/9/2017)
September 26, 2017 Filing 14 MOTION Proceed Under Pseudonym, Redaction, Change of Caption filed by James R. Zuegel. Motion Hearing set for 2/8/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Beth Labson Freeman. Responses due by 10/10/2017. Replies due by 10/17/2017. (Attachments: #1 Exhibit Redacted Documents)(Grayson, Violet) (Filed on 9/26/2017)
September 22, 2017 Opinion or Order Filing 13 ORDER GRANTING #11 STIPULATION RE SERVICE AND APPEARANCE OF DEFENDANTS, CONTINUANCE OF CASE MANAGEMENT CONFERENCE, AND SCHEDULING FRCP 12(B)(6) MOTION; VACATING #9 ORDER TO SHOW CAUSE. Signed by Judge Beth Labson Freeman on 9/22/2017. (blflc2S, COURT STAFF) (Filed on 9/22/2017)
September 22, 2017 ***Set Deadlines/Hearings pursuant to ECF #13 Order: Joint Case Management Statement due by 2/1/2018. Initial Case Management Conference set for 2/8/2018 11:00 AM in Courtroom 3, 5th Floor, San Jose. Responses due by 12/1/2017. Replies due by 12/11/2017. Defendants Anticipated Motion to Dismiss Hearing set for 2/8/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. (amkS, COURT STAFF) (Filed on 9/22/2017)
September 21, 2017 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by James R. Zuegel . (Grayson, Violet) (Filed on 9/21/2017)
September 21, 2017 Filing 11 STIPULATION WITH PROPOSED ORDER (Regarding Service and Appearance of Defendants, Continuance of Case Management Conference, and Scheduling of Potential FRCP 12(b)(6) Motion filed by City of Mountain View, Employees of MVPD, Garcia, Moore, Mountain View Police Department (MVPD), Ward. (Heaberlin, Jon) (Filed on 9/21/2017)
September 13, 2017 Filing 10 AMENDED COMPLAINT against All Defendants. Filed byJames R. Zuegel. (Grayson, Violet) (Filed on 9/13/2017)
September 11, 2017 Opinion or Order Filing 9 ORDER TO SHOW CAUSE. Signed by Judge Beth Labson Freeman on 9/11/2017. (blflc2S, COURT STAFF) (Filed on 9/11/2017)
July 11, 2017 Filing 8 NOTICE of Appearance by Violet Elizabeth Grayson (Grayson, Violet) (Filed on 7/11/2017)
June 22, 2017 Filing 7 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 10/05/2017. Case Management Conference set for 10/12/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. All other deadlines associated with the initial case management conference are adjusted accordingly. 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 www.cand.uscourts.gov/blf This is a text only docket entry, there is no document associated with this notice. (tshS, COURT STAFF) (Filed on 6/22/2017) (tshS, COURT STAFF). (Additional attachment(s) added on 6/27/2017: #1 Certificate/Proof of Service) (tshS, COURT STAFF).
June 21, 2017 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Beth Labson Freeman and Magistrate Judge Howard R. Lloyd remains as the referral judge 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. Signed by Judge Executive Committee on 6/21/17. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service)(cfeS, COURT STAFF) (Filed on 6/21/2017)
June 20, 2017 Filing 5 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. Clerk mailed copy to: James R. Zuegel, 11690 Magdalena Avenue, Los Altos Hils, CA 94024 (pmc, COURT STAFF) (Filed on 6/20/2017)
June 20, 2017 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James R. Zuegel. (dhmS, COURT STAFF) (Filed on 6/20/2017)
June 6, 2017 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/29/2017. Initial Case Management Conference set for 9/5/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose. (Attachments: #1 Standing Order)(dhmS, COURT STAFF) (Filed on 6/6/2017)
June 6, 2017 Filing 2 Summons Issued as to City of Mountain View, Garcia, Moore, Mountain View Police Department (MVPD), Ward. (dhmS, COURT STAFF) (Filed on 6/6/2017)
June 6, 2017 Filing 1 COMPLAINT against City of Mountain View, Employees of MVPD, Garcia, Moore, Mountain View Police Department (MVPD), Ward. Summons issued. Jury demand. (Filing fee $ 400., receipt #54611016920). Filed by James R. Zuegel. Consent/Declination due by 6/20/2017. (Attachments: #1 Civil Cover Sheet)(dhmS, COURT STAFF) (Filed on 6/6/2017) Modified on 10/19/2017 DOCUMENT LOCKED PURSUANT TO ORDER #16(dhmS, COURT STAFF).

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Search for this case: Zuegel v. Mountain View Police Department (MVPD) et al
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Defendant: Officer Ward
Represented By: Jon Allen Heaberlin
Represented By: Saman N Khan
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Defendant: City of Mountain View
Represented By: Jon Allen Heaberlin
Represented By: Saman N Khan
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Defendant: Mountain View Police Department (MVPD)
Represented By: Jon Allen Heaberlin
Represented By: Saman N Khan
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Defendant: Detective Garcia
Represented By: Jon Allen Heaberlin
Represented By: Saman N Khan
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Defendant: Employees of MVPD
Represented By: Jon Allen Heaberlin
Represented By: Saman N Khan
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Defendant: Detective Moore
Represented By: Jon Allen Heaberlin
Represented By: Saman N Khan
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Plaintiff: James R. Zuegel
Represented By: Violet Elizabeth Grayson
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