Tovar, Sr. et al v. City of San Jose
| D.T.M., David Tovar, Sr., J.M. and D.T. |
| San Jose, City Of San Jose, Mauricio Jimenez, Topui Fonua, Alvaro Lopez, James Soh, Hans Jorgensen and Mark Johnston |
| 5:2021cv02497 |
| April 7, 2021 |
| 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 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 53
ANSWER to Amended Complaint Dft Soh's Answer to Plfs Second Amended Complaint byJames Soh. (Clouse, Maren) (Filed on 5/2/2022)
|
|
Filing 52
ANSWER to Amended Complaint Dft Jorgensen's Answer to Plfs Second Amended Complaint byHans Jorgensen. (Clouse, Maren) (Filed on 5/2/2022)
|
|
Filing 51
ANSWER to Amended Complaint Dft Fonua's Answer to Plfs Second Amended Complaint byTopui Fonua. (Clouse, Maren) (Filed on 5/2/2022)
|
|
Filing 50
ANSWER to Amended Complaint Dft Johnston's Answer to Plfs Second Amended Complaint byMark Johnston. (Clouse, Maren) (Filed on 5/2/2022)
|
|
Filing 49
ANSWER to Amended Complaint Dft Jimenez' Answer to Plfs Second Amended Complaint byMauricio Jimenez. (Clouse, Maren) (Filed on 5/2/2022)
|
|
Filing 48
ANSWER to Amended Complaint Dft Lopez' Answer to Plfs Second Amended Complaint byAlvaro Lopez. (Clouse, Maren) (Filed on 5/2/2022)
|
|
Filing 47
WAIVER OF SERVICE Returned Executed filed by Hans Jorgensen. Service waived by Hans Jorgensen waiver sent on 4/4/2022, answer due 6/3/2022; Topui Fonua waiver sent on 4/4/2022, answer due 6/3/2022; Mauricio Jimenez waiver sent on 4/4/2022, answer due 6/3/2022; Mark Johnston waiver sent on 4/4/2022, answer due 6/3/2022; Alvaro Lopez waiver sent on 4/4/2022, answer due 6/3/2022; James Soh waiver sent on 4/4/2022, answer due 6/3/2022. (Attachments: #1 Waiver of Service of Summons - Fonua, #2 Waiver of Service of Summons - Jimenez, #3 Waiver of Service of Summons - Johnston, #4 Waiver of Service of Summons - Lopez, #5 Waiver of Service of Summons - Soh)(Clouse, Maren) (Filed on 4/4/2022)
|
|
Filing 46
Answer to Amended Complaint #45 Amended Complaint, City of San Jose's Answer to Plaintiffs' Second Amended Complaint byCity Of San Jose. (Clouse, Maren) (Filed on 1/27/2022)
|
|
Filing 45
SECOND AMENDED COMPLAINT for Damages; Jury Trial Demanded against City Of San Jose, Mauricio Jimenez, Topui Fonua, Alvaro Lopez, James Soh, Hans Jorgensen, Mark Johnston. Filed by David Tovar, Sr., J.M., D.T.M., D.T.. (Buelna, Patrick) (Filed on 1/13/2022) Modified on 1/19/2022 (gba, COURT STAFF).
|
|
Filing 44
NOTICE of Change of Address by Patrick Matthew Buelna (Buelna, Patrick) (Filed on 1/11/2022)
|
|
Filing 43
ORDER GRANTING IN PART Plaintiffs' Motion for Attorneys' Fees. Re: ECF #34 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 1/6/2022)
|
|
Filing 42
NOTICE of Appearance by Ty Clarke (Clarke, Ty) (Filed on 12/30/2021)
|
|
Filing 41
REPLY (re #34 MOTION for Attorney Fees ) filed byD.T.M., J.M., David Tovar, Sr.. (Attachments: #1 Declaration of Patrick Buelna)(Buelna, Patrick) (Filed on 12/29/2021)
|
|
Filing 40
Order granting #19 Motion to Dismiss. Signed by Judge Edward J. Davila on December 28, 2021.Should Plaintiffs choose to file an amended complaint, they must do so by January 13, 2022. (ejdlc2, COURT STAFF) (Filed on 12/28/2021)
|
|
Filing 39
OPPOSITION/RESPONSE (re #34 MOTION for Attorney Fees ) City of San Jose's Opp to Motion for Attorney Fees filed byCity Of San Jose. (Attachments: #1 Declaration of Maren J. Clouse ISO CSJ's Opp to Motion for Attorney Fees)(Clouse, Maren) (Filed on 12/21/2021)
|
|
Filing 38
Order granting #37 Stipulation. Signed by Judge Edward J. Davila on December 17, 2021. (ejdlc2, COURT STAFF) (Filed on 12/17/2021)
|
|
Filing 37
STIPULATION WITH PROPOSED ORDER to Grant Plaintiffs Leave to File Second Amended Complaint filed by D.T.M., J.M., David Tovar, Sr.. (Buelna, Patrick) (Filed on 12/16/2021)
|
|
Filing 36
Order granting #35 Stipulation. Signed by Judge Edward J. Davila on December 15, 2021.(ejdlc2, COURT STAFF) (Filed on 12/15/2021)
|
|
Filing 35
STIPULATION WITH PROPOSED ORDER to Amend Deadline for Pleading Amendments filed by D.T.M., J.M., David Tovar, Sr.. (Buelna, Patrick) (Filed on 12/14/2021)
|
|
Filing 34
MOTION for Attorney Fees filed by David Tovar, Sr.. Motion Hearing set for 1/12/2022 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 12/22/2021. Replies due by 12/29/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of Patrick Buelna, #5 Declaration of Adante Pointer)(Buelna, Patrick) (Filed on 12/8/2021)
|
|
Filing 33
ORDER DENYING Defendant's Request for a Further Protective Order. Re: ECF #32 . Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 11/24/2021)
|
|
Filing 32
Second Discovery Letter Brief filed by D.T.M., J.M., David Tovar, Sr.. (Buelna, Patrick) (Filed on 11/23/2021)
|
|
Filing 31
Order Granting #30 Stipulation to Move Deadline to File Amended Complaint. Signed by Judge Edward J. Davila on 10/13/2021. (ejdlc3S, COURT STAFF) (Filed on 10/13/2021)
|
|
Filing 30
STIPULATION WITH PROPOSED ORDER to Extend Deadline to Amend the Pleadings filed by D.T.M., J.M., David Tovar, Sr.. (Buelna, Patrick) (Filed on 10/13/2021)
|
|
Filing 29
STIPULATED PROTECTIVE ORDER for Standard Litigation. Signed by Judge Nathanael M. Cousins on 10/7/2021. (lmh, COURT STAFF) (Filed on 10/7/2021) (Additional attachment(s) added on 10/12/2021: #1 STAMPED Protective Order) (lmh, COURT STAFF).
|
|
Filing 28
STIPULATION WITH PROPOSED ORDER for Protective Order filed by D.T.M., J.M., David Tovar, Sr.. (Buelna, Patrick) (Filed on 10/7/2021)
|
|
Filing 27
ORDER DENYING Defendant's Motion for a Protective Order. Re: ECF #22 . Signed by Judge Nathanael M. Cousins. (lmhS, COURT STAFF) (Filed on 9/24/2021)
|
|
Filing 26
REPLY (re #19 MOTION to Dismiss CSJ's Partial Motion to Dismiss Complaint ) CSJ's Reply in Further Support of Partial Motion to Dismissal filed byCity Of San Jose. (Clouse, Maren) (Filed on 9/17/2021)
|
|
Filing 25
CLERK'S NOTICE VACATING the Discovery Hearing set for 9/15/2021 before Judge Nathanael M. Cousins re #20 Joint Letter Brief and #22 Defendant's Motion for Protective Order. The Court finds the motions suitable for hearing without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/14/2021)
|
|
Filing 24
OPPOSITION/RESPONSE (re #19 MOTION to Dismiss CSJ's Partial Motion to Dismiss Complaint ) filed byD.T.M., J.M., David Tovar, Sr.. (Buelna, Patrick) (Filed on 9/10/2021)
|
|
Filing 23
OPPOSITION/RESPONSE (re #22 MOTION for Protective Order ) filed byDavid Tovar, Sr.. (Attachments: #1 Declaration of David Tovar, Sr.)(Buelna, Patrick) (Filed on 9/10/2021)
|
|
Filing 22
MOTION for Protective Order filed by City Of San Jose. Motion Hearing set for 9/15/2021 11:00 AM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/10/2021. (Attachments: #1 Declaration of Boren ISO CSJ's Proposed Protective Order, #2 Proposed Order Proposed Protective Order)(Clouse, Maren) (Filed on 9/2/2021)
|
|
Filing 21
CLERKS NOTICE SETTING ZOOM HEARING. Please take notice the Joint Discovery Letter Brief Regarding Defendants' Rule 26 Initial Disclosures, Dkt. #20 , is set for hearing on 9/15/2021, at 11:00 AM before Magistrate Judge Nathanael M. Cousins. Eefendants granted leave by 9/7 to file proposed protective order and declarations in support, and plaintiffs to respond by 9/10. 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/nc 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.) (lmh, COURT STAFF) (Filed on 8/30/2021).
|
|
Filing 20
Joint Discovery Letter Brief Regarding Defendants' Rule 26 Initial Disclosures filed by David Tovar, Sr.. (Buelna, Patrick) (Filed on 8/30/2021).
|
|
Filing 19
MOTION to Dismiss CSJ's Partial Motion to Dismiss Complaint filed by City Of San Jose. Motion Hearing set for 1/13/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 9/10/2021. Replies due by 9/17/2021. (Clouse, Maren) (Filed on 8/27/2021)
|
|
***Set Deadlines/Hearings per ECF #18 Order: Amended Pleadings due by 10/15/2021. Close of Expert Discovery due by 11/9/2022. Close of Fact Discovery due by 10/10/2022. Joinder of Parties due by 10/15/2021. Opening Reports due by 9/10/2022. Rebuttal Reports due by 9/24/2022. Dispositive Motion due by 11/9/2022. Dispositive Motion Hearing set for 12/15/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Trial Setting Conference Statement due by 9/12/2022. Trial Setting Conference set for 9/22/2022 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (amkS, COURT STAFF) (Filed on 8/16/2021)
|
|
Filing 18
CASE MANAGEMENT ORDER. Signed by Judge Edward J. Davila on 08/16/2021. (ejdlc2S, COURT STAFF) (Filed on 8/16/2021)
|
|
Filing 17
CASE MANAGEMENT STATEMENT filed by D.T.M., J.M., David Tovar, Sr.. (Buelna, Patrick) (Filed on 8/11/2021)
|
|
Filing 16
CLERKS NOTICE CONVERTING HEARING TO ZOOM HEARING. Initial Case Management Conference set for 8/19/2021 10:00 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom webinar remotely.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 specifying main speaker(s) and emails must be sent to the CRD at EJDcrd@cand.uscourts.gov no later than 8/13/2021 at 2:00 PM PST.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/., Set/Reset Deadlines as to Initial Case M anagement Conference set for 8/19/2021 10:00 AM in San Jose, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 8/11/2021)
|
|
Filing 15
(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 8/9/2021. Initial Case Management Conference set for 8/19/2021 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 7/12/2021)
|
|
Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. 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 case. Reassignment Order signed by Clerk on 7/11/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/12/2021)
|
|
Filing 13
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 7/9/2021)
|
|
Filing 12
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of San Jose.. (Clouse, Maren) (Filed on 7/9/2021)
|
|
Filing 11
NOTICE of Appearance by Maren Jessica Clouse (Clouse, Maren) (Filed on 7/9/2021)
|
|
Filing 10
CLERK'S NOTICE CONTINUING Initial Case Management Conference set for 7/7/2021, to 7/28/2021, at 10:00 AM, by telephone. Case Management Statement due by 7/21/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/28/2021).
|
|
Filing 9
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Buelna, Patrick) (Filed on 6/16/2021)
|
|
Filing 8
AMENDED COMPLAINT (FIRST) against All Defendants. Filed byDavid Tovar, Sr., J.M., D.T.M.. (Buelna, Patrick) (Filed on 6/8/2021)
|
|
Filing 7
CLERK'S NOTICE RE: Consent or Declination. Defendants are requested to file a consent or declination to proceed before a magistrate judge 5/6/2021. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/22/2021)
|
|
Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by D.T.M., J.M., David Tovar, Sr... (Pointer, Adante) (Filed on 4/15/2021)
|
|
Filing 5
Summons Issued as to San Jose. (sfbS, COURT STAFF) (Filed on 4/9/2021)
|
|
Filing 4
Proposed Summons. (Pointer, Adante) (Filed on 4/8/2021)
|
|
Filing 3
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/30/2021. Initial Case Management Conference set for 7/7/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 4/7/2021)
|
|
Filing 2
Case assigned to Magistrate 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 4/21/2021. (mbcS, COURT STAFF) (Filed on 4/7/2021)
|
|
Filing 1
COMPLAINT for Damages against San Jose ( Filing fee $ 402, receipt number 0971-15805225.). Filed byDavid Tovar, Sr., J.M., D.T.M.. (Attachments: #1 Civil Cover Sheet)(Pointer, Adante) (Filed on 4/7/2021)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
