Martinez v. City Of Gilroy et al
Plaintiff: Jesus Martinez
Defendant: Diana Barrett, Robert Zuniga, City Of Gilroy and Lamonte Toney
Case Number: 5:2019cv02358
Filed: May 1, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Lucy H Koh
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Filing 16 **CLERK'S NOTICE** Hearing for #15 MOTION to Dismiss Portions of Plaintiff's Complaint Pursuant to FRCP 12(b)(6) is CONTINUED from August 15, 2019 to October 17, 2019 at 1:30 PM in San Jose, California, Courtroom 8, 4th Floor before the Honorable Lucy H. Koh. The August 15, 2019 hearing date was not cleared with the Courtroom Deputy Clerk prior to filing. Please see the Honorable Lucy H. Koh's Scheduling Notes at https://www.cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 7/3/2019)
July 1, 2019 Filing 15 MOTION to Dismiss Portions of Plaintiff's Complaint Pursuant to FRCP 12(b)(6) filed by Diana Barrett, City Of Gilroy, Lamonte Toney, Robert Zuniga. Motion Hearing set for 8/15/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 7/15/2019. Replies due by 7/22/2019. (Attachments: #1 Proposed Order)(Blechman, Noah) (Filed on 7/1/2019)
June 7, 2019 Filing 14 WAIVER OF SERVICE Returned Executed filed by Jesus Martinez. Service waived by Robert Zuniga waiver sent on 5/31/2019, answer due 7/30/2019. (York, Darrell) (Filed on 6/7/2019)
June 7, 2019 Filing 13 WAIVER OF SERVICE Returned Executed filed by Jesus Martinez. Service waived by Lamonte Toney waiver sent on 5/31/2019, answer due 7/30/2019. (York, Darrell) (Filed on 6/7/2019)
June 7, 2019 Filing 12 WAIVER OF SERVICE Returned Executed filed by Jesus Martinez. Service waived by Diana Barrett waiver sent on 6/3/2019, answer due 8/2/2019. (York, Darrell) (Filed on 6/7/2019)
June 7, 2019 Filing 11 SUMMONS Returned Executed by Jesus Martinez. City Of Gilroy served on 5/17/2019, answer due 6/7/2019. (York, Darrell) (Filed on 6/7/2019)
June 3, 2019 Filing 10 **CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to Hon. Lucy H. Koh, an Initial Case Management Conference is set for August 14, 2019 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due 7 days prior. 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 H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.)(kedS, COURT STAFF) (Filed on 6/3/2019)
May 31, 2019 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to to case. Reassignment Order signed by Clerk on 5/31/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/31/2019)
May 31, 2019 Filing 8 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 5/31/2019)
May 31, 2019 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of Gilroy.. (Blechman, Noah) (Filed on 5/31/2019)
May 1, 2019 Filing 6 Summons Issued as to Diana Barrett, City Of Gilroy, Lamonte Toney, Robert Zuniga. (sfbS, COURT STAFF) (Filed on 5/1/2019)
May 1, 2019 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/24/2019. Initial Case Management Conference set for 7/31/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 5/1/2019)
May 1, 2019 Filing 4 Case assigned to 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. 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 5/15/2019. (as, COURT STAFF) (Filed on 5/1/2019)
May 1, 2019 Filing 3 Proposed Summons. (York, Darrell) (Filed on 5/1/2019)
May 1, 2019 Filing 2 Certificate of Interested Entities by Jesus Martinez (York, Darrell) (Filed on 5/1/2019)
May 1, 2019 Filing 1 COMPLAINT against Diana Barrett, City Of Gilroy, LAMONTE TONEY, Robert Zuniga.(Filing fee $400, receipt number 0971-13306219.) Filed byJesus Martinez. (Attachments: #1 Civil Cover Sheet)(York, Darrell) (Filed on 5/1/2019) Modified on 5/1/2019 (as, COURT STAFF).

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Defendant: Diana Barrett
Represented By: Noah G. Blechman
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Defendant: Robert Zuniga
Represented By: Noah G. Blechman
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Defendant: City Of Gilroy
Represented By: Noah G. Blechman
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Defendant: Lamonte Toney
Represented By: Noah G. Blechman
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Plaintiff: Jesus Martinez
Represented By: Darrell Jon York
Represented By: Sarah Lou Ann Garvey
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