Thompson v. City of San Jose
| Mark Thompson, Rachelle Imus, Jeffrey P. Echivarov, John Ortiz, Jason Imus, Cherly Imas, Jeffrey P. Echivaria, Sara Hope, Cheryl Imus, Mariena Acosta, Gabriella Aguirre, Gregory Blackwell, Elijah Cantu, Dulce Chavez, Miguel Cruz Najera, Sarah Lee Cummings, Rosemarie Estrada Pineda, Donald Farr, III, Anthony Garza, Patricia Gonzales, Ryan Hope, Julio Cesar Magana Gonzales, Samuel Robinson, Luciano Rosales and Nichole Schlosser |
| City of San Jose, Sandra Murillo, Vanessa Barretta, Hoopes, Sauleda, Paul Perrera, San Jose Police Department and Cinberg |
| 5:2022cv07186 |
| November 16, 2022 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Edward J Davila |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 38 CLERK'S NOTICE SETTING HEARING. PLEASE TAKE NOTICE that a Status Conference has been set for 2/16/2023 10:00 AM in-person, in San Jose, Courtroom 4, 5th Floor 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 1/13/2023)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 33 Mail sent to Jeffrey Echivaria returned as undeliverable. (lsk, COURT STAFF) (Filed on 1/13/2023) |
| Filing 32 Mail sent to Dulce Chavez returned as undeliverable. (lsk, COURT STAFF) (Filed on 1/13/2023) Modified on 1/13/2023 (lsk, COURT STAFF). |
| Filing 37 Mail sent to Sara Hope returned as undeliverable. (lsk, COURT STAFF) (Filed on 1/12/2023) |
| Filing 36 Mail sent to Ryan Hope returned as undeliverable. (lsk, COURT STAFF) (Filed on 1/12/2023) |
| Filing 35 Mail sent to John Ortiz returned as undeliverable. (lsk, COURT STAFF) (Filed on 1/12/2023) |
| Filing 34 Mail sent to Rachelle Imus returned as undeliverable. (lsk, COURT STAFF) (Filed on 1/12/2023) |
| Filing 31 Transcript of Proceedings held on November 29, 2022, before Judge Jacqueline Scott Corley. Court Reporter/Transcriber Diane E. Skillman, telephone number 925-899-2812, skillmandi@aol.com. 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. Release of Transcript Restriction set for 4/10/2023. (Skillman, Diane) (Filed on 1/9/2023) |
| Filing 30 SUMMONS Returned Executed as to City of San Jose. City of San Jose served on 1/5/2023, answer due 1/26/2023. (lsk, COURT STAFF) (Filed on 1/6/2023) |
Filing 29
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings re #24 Related Case Order. Judge Jacqueline Scott Corley no longer assigned to case. Reassignment Order signed by Clerk on 12/29/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 12/29/2022)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)
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Filing 28
RELATED CASE ORDER. Signed by Judge Edward J. Davila on 12/28/2022. (crr, COURT STAFF) (Filed on 12/28/2022)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 27 Mail sent to Sara Hope returned as undeliverable re 15 Clerk's Notice. (far, COURT STAFF) (Filed on 12/22/2022) |
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Filing 26
ORDER RE PRODUCTION OF TRANSCRIPT FROM DIGITAL RECORDING. Signed by Judge Jacqueline Scott Corley on 12/8/2022. (ahm, COURT STAFF) (Filed on 12/8/2022)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 25 USM Acknowledgment of Receipt of Service re #12 (ecg, COURT STAFF) (Filed on 12/7/2022) |
| Filing 24 REQUEST for a Transcript for November 29th Hearing with IFP by Cheryl Imus. (gba, COURT STAFF) (Filed on 12/6/2022) |
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Filing 23
ORDER by Judge Jacqueline Scott Corley granting #8 Motion for Leave to Proceed in forma pauperis; granting #9 Motion for Leave to Proceed in forma pauperis; granting #10 Motion for Leave to Proceed in forma pauperis. (ahm, COURT STAFF) (Filed on 12/6/2022)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)
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| Received one USB drive re #17 OPPOSITION/RESPONSE. (wsn, COURT STAFF) (Filed on 11/30/2022) |
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Filing 22
ORDER DISSOLVING NOVEMBER 16, 2022 TEMPORARY RESTRAINING ORDER. Signed by Judge Jacqueline Scott Corley on 11/29/2022. (ahm, COURT STAFF) (Filed on 11/29/2022)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)
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Filing 21
ORDER CONSOLIDATING CASES. Signed by Judge Jacqueline Scott Corley on 11/29/2022. (ahm, COURT STAFF) (Filed on 11/29/2022)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)
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| Filing 20 Minute Entry for proceedings held before Judge Jacqueline Scott Corley: Motion Hearing held and recorded by Zoom videoconference on 11/29/2022 on (6 in 3:22-cv-07186-JSC) Plaintiffs' Motion for Temporary Restraining Order. (Zoom Recording Time: 11:02-11:45)(ahm, COURT STAFF) (Date Filed: 11/29/2022) Modified on 12/8/2022: Matter transcribed by Diane Skillman. (rjd, COURT STAFF). |
| Filing 19 Judicial Referral for Purpose of Determining Relationship of Cases re 22-cv-07481-JST. Signed by Judge Jon S. Tigar on November 29, 2022. (mll, COURT STAFF) (Filed on 11/29/2022)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 18 MOTION to Consolidate Cases and Hearing for TRO. Responses due by 12/12/2022. Replies due by 12/19/2022. (gba, COURT STAFF) (Filed on 11/28/2022) |
| Filing 17 OPPOSITION/RESPONSE (re #6 MOTION for Temporary Restraining Order ) filed byVanessa Barresa, City of San Jose, Sandra Murillo, Sauleza. (Attachments: #1 Declaration Declaration of James A. Williams, #2 Declaration Declaration of Paul Pereira, #3 Declaration Declaration of K Neumer, #4 Declaration Declaration of Vanessa Beretta, #5 Declaration Declaration of Sandra Murillo, #6 Certificate/Proof of Service Certificate of Service)(Rodriguez, Gabriel) (Filed on 11/28/2022) |
| Filing 16 Minute Entry for proceedings held before Judge Edward J. Davila: Matter called for Status Conference on 11/28/2022. No appearance by pro se Plaintiffs. Hearing not held. Hearing set for 11/29/2022 before Judge Corley remains on calendar.Plaintiffs: No Appearance. Defendant Attorney: Gabriel Rodriguez. Total Time in Court: 8 min (9:10-9:18 AM). 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: 11/28/2022) |
| Filing 15 CLERK'S NOTICE SETTING HEARING: PLEASE TAKE NOTICE that a Status Conference has been set for 11/28/2022 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. This is an in-person conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 11/22/2022)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 14 CLERK'S NOTICE RESCHEDULING MOTION HEARING DATE. Reset Deadlines as to #6 MOTION for Temporary Restraining Order.Replies due by 11/28/2022. Motion Hearing reset for 11/29/2022 at 11:00 a.m. before Judge Jacqueline Scott Corley 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/jsc 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/. (ahm, COURT STAFF) (Filed on 11/18/2022)Any non-CM/ECF Partici pants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 13 NOTICE by Vanessa Barresa, City of San Jose, Sandra Murillo, Sauleza of Briefing Schedule (Rodriguez, Gabriel) (Filed on 11/18/2022) |
| Remark: ECF #14 emailed to parties at the following email addresses: rah94062@gmail.com, markt315@gmail.com, jpechivaria533@gmail.com, and imuscheryl9@gmail.com on 11/18/2022. (ahm, COURT STAFF) (Filed on 11/18/2022) |
| Filing 12 Summons Issued as to City of San Jose. (Attachments: #1 USM-285 Form)(wsn, COURT STAFF) (Filed on 11/16/2022) |
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Filing 11
TEMPORARY RESTRAINING ORDER. Signed by Judge Jacqueline Scott Corley on 11/16/2022. (ahm, COURT STAFF) (Filed on 11/16/2022)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 10 MOTION for Leave to Proceed in forma pauperis filed by Jeffrey P. Echivarov. (far, COURT STAFF) (Filed on 11/16/2022) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Cherly Imas. (far, COURT STAFF) (Filed on 11/16/2022) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Mark Thompson. (far, COURT STAFF) (Filed on 11/16/2022) |
| Filing 7 MOTION that hearing occur via Zoom filed by Jeffrey P. Echivarov, Cherly Imas, Jason Imus, Rachelle Imus, John Ortiz, Mark Thompson. Responses due by 11/30/2022. Replies due by 12/7/2022. (far, COURT STAFF) (Filed on 11/16/2022) |
| Filing 6 MOTION for Temporary Restraining Order filed by Jeffrey P. Echivarov, Cherly Imas, Jason Imus, Rachelle Imus, John Ortiz, Mark Thompson. (Attachments: #1 Proposed Order)(far, COURT STAFF) (Filed on 11/16/2022) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mark Thompson.. (far, COURT STAFF) (Filed on 11/16/2022) |
| Filing 4 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 2/9/2023. Initial Case Management Conference set for 2/16/2023 01:30 PM in San Francisco, Courtroom 08, 19th Floor. (Attachments: #1 Notice of Eligibility for Video Recording)(far, COURT STAFF) (Filed on 11/16/2022)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 3
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley 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. (Attachments: #1 Notice of Eligibility for Video Recording)(sfb, COURT STAFF) (Filed on 11/16/2022)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 2 This case will be randomly assigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (sfb, COURT STAFF) (Filed on 11/16/2022) |
| Filing 1 COMPLAINT against City Of San Jose. Filed byMark Thompson, Rachelle Imus, Jeffrey P. Echivarov, John Ortiz, Jason Imus, Cherly Imas. (cv, COURT STAFF) (Filed on 11/16/2022) (Additional attachment(s) added on 11/16/2022: #1 Civil Cover Sheet) (far, COURT STAFF). |
| Set/Reset Deadlines as to #6 MOTION for Temporary Restraining Order. Responses due by 11/18/2022. Motion Hearing is set for 11/21/2022 at 11:00 a.m. before Judge Jacqueline Scott Corley 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/jsc General Order 58. Persons granted access to court procee dings 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/. (ahm, COURT STAFF) (Filed on 11/16/2022) |
| Remark: ECF #11 emailed to parties at the following email addresses: rah94062@gmail.com, markt315@gmail.com, jpechivaria533@gmail.com, imuscheryl9@gmail.com, and cao.main@sanjoseca.gov on 11/16/2022. (ahm, COURT STAFF) (Filed on 11/16/2022) |
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