Muhmoud v. City Of San Jose et al
| Mustafa Muhmoud |
| Blage Zelalich, Richard Doyle, Shannon Smyth-Mendoza, Swenson Development Management, Inc., Dean Whipple, Christopher Creech, Rick Galea, Market Street Partners SJ, LLC, Leo Prescott, Market Street Partners, LLC, Barry Swenson, Forrest Cerrato, Kevin Balak, Paul Messier, Santa Clara Valley Transit Authority, Christian Hagen, City Of San Jose and Todd Rothbard |
| 5:2020cv08808 |
| December 11, 2020 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Edward J Davila |
| 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 20, 2023. A more recent docket listing may be available from PACER.
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Filing 66
Order finding as moot #35 Motion to Dismiss, granting Plaintiff's countermotion #57 for leave to file a first amended complaint. Signed by Judge Edward J. Davila on 5/16/2022. Case Management Statement due by 7/5/2022. Initial Case Management Conference set for 7/14/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor.(ejdlc2, COURT STAFF) (Filed on 5/16/2022)
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Filing 65
NOTICE of Appearance by Raerani Reddy (Reddy, Raerani) (Filed on 5/13/2022)
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Filing 64
CLERKS NOTICE CONVERTING HEARINGS TO ZOOM HEARINGS. Hearings on #35 Motion to Dismiss and #57 Counter-Motion for Leave to Amend Complaint set for 5/19/2022 at 9:00 AM will be held via Videoconference Only before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails - including main speaker and party represented - must be sent to the Courtroom Deputy at EJDcrd@cand.uscourts.gov no later than Monday, May 16, 2022, at 12:00 pm.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 5/13/2022)
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Filing 63
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kreger, Brian) (Filed on 5/13/2022)
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Filing 62
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Romak, Christina) (Filed on 5/12/2022)
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Filing 61
OPPOSITION/RESPONSE (re #57 Counter Motion ) Plaintiff's Reply in Support of Countermotion for Leave to Amend (Dkt. 57) filed per Court Order (Dkt. 60) filed byMustafa Muhmoud. (Romak, Christina) (Filed on 5/5/2022)
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Filing 60
Order Approving #59 Stipulation to Align Hearing Dates on City Defendants' Motion to Dismiss and Plaintiff's Countermotion for Leave to Amend *AS MODIFIED*. Both motions will be heard on May 19, 2022. Plaintiff may file a reply to the countermotion no later than May 5, 2022. Signed by Judge Edward J. Davila on 4/15/2022. (ejdlc3, COURT STAFF) (Filed on 4/15/2022)
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Set/Reset Hearing re #35 Motion to Dismiss and #57 Counter-Motion for Leave to Amend Complaint: Motion Hearings set for 5/19/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (crr, COURT STAFF) (Filed on 4/15/2022)
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Filing 59
STIPULATION WITH PROPOSED ORDER TO ALIGN HEARING DATES ON CITY DEFENDANTS MOTION TO DISMISS AND PLAINTIFFS COUNTERMOTION FOR LEAVE TO AMEND (CIV. L.R. 6-2) filed by Mustafa Muhmoud. (Attachments: #1 Declaration DECLARATION OF CHRISTINA ROMAK IN SUPPORT OF STIPULATION TO ALIGN HEARING DATES ON CITY DEFENDANTS MOTION TO DISMISS AND PLAINTIFFS COUNTERMOTION FOR LEAVE TO AMEND (CIV. L.R. 6-2))(Romak, Christina) (Filed on 4/14/2022)
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Filing 58
REPLY (re #35 MOTION to Dismiss ) to Plaintiff's Opposition to Motion to Dismiss filed byCity Of San Jose, Christopher Creech, Rick Galea, Paul Messier, Leo Prescott, Dean Whipple, Blage Zelalich. (Kreger, Brian) (Filed on 4/12/2022)
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Filing 57
OPPOSITION/RESPONSE (re #35 MOTION to Dismiss ) and Countermotion for Leave to File First Amended Complaint filed byMustafa Muhmoud. (Attachments: #1 Declaration)(Dhadialla, Karan) (Filed on 4/1/2022)
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Filing 56
Order Granting #55 Stipulation. Opposition brief is due 4/1/2022. Reply brief is due 4/12/2022. Signed by Judge Edward J. Davila on 2/18/2022. (ejdlc3, COURT STAFF) (Filed on 2/18/2022)
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Filing 55
STIPULATION WITH PROPOSED ORDER for Extension of Time on Briefing Deadlines Regarding City Defendants' Motion to Dismiss filed by Mustafa Muhmoud. (Sanders, Natalie) (Filed on 2/18/2022)
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Filing 54
NOTICE of Appearance by Natalie Kathleen Sanders (Sanders, Natalie) (Filed on 1/25/2022)
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Filing 53
NOTICE of Appearance by Karan Singh Dhadialla (Dhadialla, Karan) (Filed on 1/25/2022)
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Filing 52
NOTICE of Appearance by Peter H. Kang (Kang, Peter) (Filed on 1/25/2022)
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Filing 51
ORDER appointing counsel for Plaintiff. Signed by Judge Edward J. Davila on January 19, 2022. (ejdlc2, COURT STAFF) (Filed on 1/19/2022)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 50
CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 1/27/2022 is HEREBY CONTINUED to 6/2/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 5/23/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Filed on 1/3/2022)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 49
ORDER terminating #44 Motion for Extension of Time to File Response/Reply re #44 ; granting #45 Motion to Appoint Counsel ; granting #46 Motion for Extension of Time to File Response/Reply (REVISED Request). Signed by Judge Edward J. Davila on December 29, 2021. (ejdlc2, COURT STAFF) (Filed on 12/29/2021)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 48
NOTICE of Appearance by Brian Stuart Kreger (Kreger, Brian) (Filed on 12/2/2021)
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Filing 47
OPPOSITION/RESPONSE (re #46 Third MOTION for Extension of Time to File Response/Reply to motion by February 25 2022 (REVISED Request) ) City Defendants' Non-Opposition to Plaintiff's Third Request for Extension to Respond to City Defendant's Motion to Dismiss filed byCity Of San Jose, Christopher Creech, Rick Galea, Paul Messier, Leo Prescott, Dean Whipple. (Chow, Yue-Han) (Filed on 12/1/2021)
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Filing 46
(REVISED Request) Third MOTION for Extension of Time to File Response/Reply to motion by February 25 2022 filed by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 12/1/2021) Modified on 12/1/2021 (kmg, COURT STAFF).
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Filing 45
Second MOTION to Appoint Counsel for Pro Bono Program filed by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 12/1/2021)
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Filing 44
Third MOTION for Extension of Time to File Response/Reply to motion filed by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 12/1/2021)
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***Set/Reset Deadlines per ECF #43 Order: as to #35 Motion to Dismiss. Responses due by 11/30/2021. Replies due by 12/28/2021. Motion to Dismiss Hearing set for 1/27/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 10/14/2021)
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Filing 43
Order Granting #41 Motion for Extension of Time to File Response to #35 Motion to Dismiss. Responses due by 11/30/2021. Replies due by 12/28/2021. Signed by Judge Edward J. Davila on 10/14/2021. (ejdlc2S, COURT STAFF) (Filed on 10/14/2021)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 42
OPPOSITION/RESPONSE (re #41 Second MOTION for Extension of Time to File Response/Reply to Motion ) Non-Opposition to Extension filed byCity Of San Jose, Christopher Creech, Rick Galea, Paul Messier, Leo Prescott, Dean Whipple, Blage Zelalich. (Chow, Yue-Han) (Filed on 10/1/2021)
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Filing 41
Second MOTION for Extension of Time to File Response/Reply to Motion filed by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 10/1/2021)
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Filing 40
Order Granting #38 Motion for Extension of Time to File Response re #35 MOTION to Dismiss . Response due by 9/30/2021. Reply due by 10/7/2021. Signed by Judge Edward J. Davila on 08/31/2021. (ejdlc2S, COURT STAFF) (Filed on 8/31/2021)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) Modified on 8/31/2021 (ejdlc2S, COURT STAFF).
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Filing 39
MOTION for Extension of Time to File Response/Reply Non-Opposition to 1 month extension filed by City Of San Jose, Christopher Creech, Rick Galea, Paul Messier, Leo Prescott, Dean Whipple, Blage Zelalich. (Chow, Yue-Han) (Filed on 8/30/2021)
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Filing 38
First MOTION for Extension of Time to File Response/Reply to Motion to Dismiss filed by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 8/30/2021)
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Filing 37
CLERK'S NOTICE CONTINUING DEADLINE/HEARING AND SETTING MOTION HEARING. Please take NOTICE that the Motion #35 to Dismiss Hearing is set for 12/9/2021 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. The Initial Case Management Conference set for 8/26/2021 is HEREBY CONTINUED to 1/27/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 1/18/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 8/17/2021)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 36
Request for Judicial Notice re #35 MOTION to Dismiss filed byCity Of San Jose, Christopher Creech, Rick Galea, Paul Messier, Leo Prescott, Dean Whipple, Blage Zelalich. (Related document(s) #35 ) (Chow, Yue-Han) (Filed on 8/16/2021)
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Filing 35
MOTION to Dismiss filed by City Of San Jose, Christopher Creech, Rick Galea, Paul Messier, Leo Prescott, Dean Whipple, Blage Zelalich. Responses due by 8/30/2021. Replies due by 9/7/2021. (Attachments: #1 Declaration of Joy Rodriguez, #2 Declaration Yue-Han Chow)(Chow, Yue-Han) (Filed on 8/16/2021)
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Filing 34
ANSWER to Complaint with Jury Demand byKevin Balak, Santa Clara Valley Transit Authority, Shannon Smyth-Mendoza. (North, Richard) (Filed on 8/12/2021)
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Filing 33
CASE MANAGEMENT STATEMENT 2 filed by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 7/21/2021)
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Filing 32
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mustafa Muhmoud.. (Attachments: #1 Declaration Mustafa Muhmoud)(Muhmoud, Mustafa) (Filed on 7/1/2021)
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Filing 31
STATUS REPORT re Service by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 6/17/2021)
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Filing 30
Summons Issued as to Dean Whipple. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 29
Summons Issued as to Santa Clara Valley Transit Authority. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 28
Summons Issued as to Swenson Development Management, Inc.. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 27
Summons Issued as to Shannon Smyth-Mendoza. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 26
Summons Issued as to Leo Prescott. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 25
Summons Issued as to Market Street Partners SJ, LLC. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 24
Summons Issued as to Christian Hagen. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 23
Summons Issued as to Rick Galea. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 22
Summons Issued as to Richard Doyle. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 21
Summons Issued as to Paul Messier. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 20
Summons Issued as to Forrest Cerrato. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 19
Summons Issued as to Barry Swenson. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 18
Summons Issued as to Kevin Balak. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 17
Summons Issued as to City Of San Jose. (cv, COURT STAFF) (Filed on 6/16/2021)
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Filing 16
Order Granting #10 Motion for Extension of Time to Serve Defendants. Signed by Judge Edward J. Davila on 06/15/2021. (ejdlc2S, COURT STAFF) (Filed on 6/15/2021)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
(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 8/16/2021. Initial Case Management Conference set for 8/26/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor 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 6/15/2021)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 14
Proposed Summons. (Attachments: #1 Balak Summons, #2 B. Swenson Summons, #3 Cerrato Summons, #4 Creech Summons, #5 Doyle Summons, #6 Galea Summons, #7 Hagen Summons, #8 LLC Summons, #9 Prescott Summons, #10 Smyth-Mendoza Summons, #11 Swenson Inc. Summons, #12 VTA Summons, #13 Whipple Summons)(Muhmoud, Mustafa) (Filed on 6/15/2021)
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Filing 13
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. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/15/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 6/15/2021)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 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 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 6/15/2021)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 11
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mustafa Muhmoud.. (Muhmoud, Mustafa) (Filed on 6/14/2021)
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Filing 10
Second MOTION for Extension of Time to File Serve Complaint filed by Mustafa Muhmoud. (Muhmoud, Mustafa) (Filed on 6/14/2021)
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Filing 9
ORDER RE: REFERRAL to Pro Se Program to Appoint Counsel. Muhmoud must serve the defendants and file a consent or declination by 6/14/2021. Signed by Judge Nathanael M. Cousins on 5/13/2021. (Attachments: #1 Consent/Declination form)(lmh, COURT STAFF) (Filed on 5/13/2021)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 8
CLERK'S NOTICE CONTINUING Case Management Conference set for 5/19/2021 to 7/28/2021, at 10:00 AM, by telephone. Updated case management statement due 7/21/2021. (lmh, COURT STAFF) (Filed on 5/13/2021)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 7
CASE MANAGEMENT STATEMENT and Request for Pro Bono Counsel filed by Mustafa Muhmoud. (sfbS, COURT STAFF) (Filed on 5/12/2021)
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Filing 6
Minute Entry for proceedings held before Judge Nathanael M. Cousins. Initial Case Management Conference held on 3/17/2021 by AT&T Conference. Time period to serve defendants with complaint and summons extended to 5/12.Further CMC set for 5/19/2021, at 10:00 AM, with case management update due 5/12. Plaintiff's update to address: whether he has counsel, status of service, and consent/decline to jurisdiction of a magistrate judge. Plaintiff referred to legal help desk for free advice. Plaintiff: Mustafa Muhmoud. Court Reporter: Summer Fisher. Time in Court: 8 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 3/17/2021)
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Filing 5
ORDER RE: Case Management Statement and Pro Se Resources. Signed by Judge Nathanael M. Cousins on 3/15/2021. (Attachments: #1 Consent/Declination Form)(lmh, COURT STAFF) (Filed on 3/15/2021) (Courtesy email sent to Plaintiff) 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 4
SECOND CLERK'S NOTICE RE: Consent or Declination. Plaintiff is requested to file a consent or declination to proceed before a magistrate judge by 3/9/2021. 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 2/23/2021)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 3
CLERK'S NOTICE RE: Consent or Declination. Plaintiff is requested to file a consent or declination to proceed before a magistrate judge 12/30/2020. 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 12/16/2020)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 2
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/10/2021. Initial Case Management Conference set for 3/17/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (bwS, COURT STAFF) (Filed on 12/11/2020)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 1
COMPLAINT for Damages against All Defendants (Filing fee of $ 402 paid, Receipt #54611018564). Filed by Mustafa Muhmoud. (Attachments: #1 Civil Cover Sheet)(bwS, COURT STAFF) (Filed on 12/11/2020) Modified on 12/15/2020 (bwS, COURT STAFF). (Additional attachment(s) added on 12/15/2020: #2 Filing Fee Receipt) (bwS, COURT STAFF).
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