Ortega v. City Of San Jose et al
| Rudy Ortega and Rudy Ortega, Jr |
| City Of San Jose, Jennifer Maguire, Seth Turner, Sandra Murillo, Vanessa Berretta, John Aitken and Home First Services |
| 5:2022cv05040 |
| September 6, 2022 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| Filing 16 CASE MANAGEMENT STATEMENT filed by John Aitken, Vanessa Berretta, City Of San Jose, Jennifer Maguire, Sandra Murillo, Seth Turner. (Clouse, Maren) (Filed on 10/31/2022) |
Filing 15
ORDER re Moving of Plaintiff's Trailer and Storage of Personal Belongings. The City will arrange to move Plaintiff's Trailer by 11am on 9/30/2022 to the agreed-upon location on Seymour St in San Jose and the trailer may remain for 30 days from the date of this Order. The City will store any personal belongings Plaintiff wishes to retain in accordance with the City's policy for storage of such items. Plaintiff will separate the personal belongings he wishes to retain from the items that the City may remove and dispose. Plaintiff must vacate the abatement area following the removal of Plaintiff's trailer and personal belongings. The Parties are further Ordered to provide a Joint Status Report and Dismissal of this matter by October 31, 2022. Signed by Judge Edward J. Davila on 9/29/2022. (crr, COURT STAFF) (Filed on 9/29/2022)A copy of this Order has been e-mailed to Plaintiff and to Counsel for the City of San Jose.
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| Filing 14 Minute Entry for proceedings held before Judge Edward J. Davila: Status Conference held on 9/29/2022.City will move Plaintiff's trailer to new location on Seymour Street no sooner than 11am tomorrow and Plaintiff's trailer may remain at the new location for 30 days. City will provide assistance in storing Plaintiff's personal belongings. Counsel for City to provide Court with proposed order re same. Status Conference set for 9/30/2022 is VACATED. Plaintiff: Rudy Ortega (Pro Se). Defendant Attorney: Gabriel A. Rodriguez. Total Time in Court: 30 min (1:39-2:09 PM). Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 9/29/2022) |
| Filing 13 CLERK'S NOTICE: A Status Conference is set for 9/29/2022 1:30 PM - Telephonic Only - before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 9/29/2022)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) |
| Filing 12 Minute Entry for proceedings held before Judge Edward J. Davila: Status Conference held on 9/26/2022. Further Status Conference set for 9/30/2022 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Defendant may appear telephonically. Plaintiff : Rudy Ortega (Pro Se). Defendant Attorney: Gabriel A. Rodriguez. Total Time in Court: 20 min (1:42-2:02 PM). Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 9/26/2022) |
| Filing 11 SUMMONS Returned Executed Upon Defendant City of San Jose, served on 9/18/2022, answer due 10/11/2022. (tn, COURT STAFF) (Filed on 9/22/2022) |
| Filing 10 SUMMONS Returned Executed Upon Defendants John Aitken, Vanessa Berretta,City Of San Jose, Home First Services, Jennifer Maguire, Sandra Murillo and Seth Turner served on 9/18/2022, answer due 10/11/2022. (tn, COURT STAFF) (Filed on 9/22/2022) |
| Filing 9 Minute Entry for proceedings held before Judge Edward J. Davila: Status Conference held on 9/19/2022. Plaintiff and Defendant to work together in beginning the process of repairing Plaintiff's trailer and identifying location to where trailer may be moved. Further Status Conference set for 9/26/2022 at 1:30 PM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Plaintiff : Rudy Ortega (Pro Se). Defendant Attorney: Gabriel A. Rodriguez. Total Time in Court: 1 hr, 4 min (1:27-2:31 PM). Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 9/19/2022) |
| Filing 8 Minute Entry for proceedings held before Judge Edward J. Davila: Status Conference held on 9/13/2022. Plaintiff will provide City Attorney's Office with bill of sale and registration/transfer documents for Plaintiff's trailer by delivering same to the City Attorney's Office, Attn: Gabriel Rodriguez, at 200 E. Santa Clara St, San Jose, CA, and City Attorney's Office will provide Plaintiff with photo copies of same; City Counsel to request First Home to repair bearings of Plaintiff's trailer and to check crank mechanism for possible repair. Further Status Conference set for September 19, 2022, at 1:00 PM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. City Counsel will provide Court with information on alternative/possible housing information and a location to where any vehicle/trailer would be moved, if necessary, to complete repairs.Plaintiff: Rudy Ortega (Pro Se). Defendant Attorney: Gabriel A. Rodriguez. Total Time in Court: 56 min (1:42-2:38 PM). Court Reporter: Irene Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 9/13/2022) |
| Set/Reset Hearing Status Conference re Motion for Temporary Restraining Order set for 9/13/2022 01:30 PM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (crr, COURT STAFF) (Filed on 9/13/2022) |
| Set Hearing re #6 Order. Motion for Temporary Restraining Order Hearing set for 9/13/2022 at 1:30 PM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (crr, COURT STAFF) (Filed on 9/12/2022) |
| Filing 7 Summons Issued as to John Aitken, Vanessa Berretta, City Of San Jose, Home First Services, Jennifer Maguire, Sandra Murillo, Seth Turner. (Attachments: #1 USM forms)(slh, COURT STAFF) (Filed on 9/8/2022) |
| Service packet sent to San Jose office to be delivered to the U.S. Marshal for service of process (slh, COURT STAFF) (Filed on 9/8/2022) |
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Filing 6
Order Granting #2 IFP; Setting Status Conference re Plaintiff's Application for TRO. Signed by Judge Edward J. Davila on 9/7/2022. (ejdlc3, COURT STAFF) (Filed on 9/7/2022)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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| Remark: On 9/7/2022 at 12:33 PM, ECF Nos. #1 Complaint, #4 Application for TRO and Injunction, #5 Order Setting Initial CMC and ADR Deadlines, and #6 Order Granting IFP and Setting Status Conference re TRO served on the City via email to cao.main@sanjoseca.gov. (crr, COURT STAFF) (Filed on 9/7/2022) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 12/8/2022. Initial Case Management Conference set for 12/15/2022 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. (Attachments: #1 Notice of Eligibilty for Video Recording)(wsn, COURT STAFF) (Filed on 9/6/2022)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) |
| Filing 4 MOTION for Temporary Restraining Order filed by Rudy Ortega. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 9/6/2022) |
| Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rudy Ortega. (wsn, COURT STAFF) (Filed on 9/6/2022) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Rudy Ortega. (wsn, COURT STAFF) (Filed on 9/6/2022) |
| Filing 1 COMPLAINT against John Aitken, Vanessa Berretta, City Of San Jose, Home First Services, Jennifer Maguire, Sandra Murillo, Seth Turner. Filed by Rudy Ortega. Consent/Declination due by 9/20/2022. (Attachments: #1 Civil Cover Sheet)(wsn, COURT STAFF) (Filed on 9/6/2022) |
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