Herrera v. County of San Benito
| Rosario Herrera |
| County of San Benito |
| 5:2024cv01133 |
| February 23, 2024 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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Filing 20
ORDER GRANTING Motion to Enlarge Time to File a Second Amended Complaint. Re: ECF #19 . In regard to Plaintiff's pending motion for permissive joinder (ECF 18), Defendant's opposition due 4/23/2024. Plaintiff's reply due 4/30/2024. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/10/2024)
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| Reset Deadlines as to #18 Motion for Joinder (Permissive). Opposition due by 4/23/2024. Reply due by 4/30/2024. (lmh, COURT STAFF) (Filed on 4/10/2024) |
| Filing 19 MOTION for Extension of Time to Amend #18 MOTION for Joinder (Permissive), 17 Order on Motion to Dismiss,,,, filed by Rosario Herrera. (Attachments: #1 Declaration with Stipulation as Exhibit)(Walker, Jeffrey) (Filed on 4/8/2024) |
| Filing 18 MOTION for Joinder (Permissive) filed by Rosario Herrera. (Attachments: #1 Declaration Jeffrey S. Walker, #2 Proposed Order Granting Joinder)(Walker, Jeffrey) (Filed on 4/8/2024) |
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Filing 17
Order granting #7 Motion to Dismiss, with Leave to Amend, entered by Magistrate Judge Nathanael M. Cousins. This Order finds that the operative complaint (First Amended Complaint) does not satisfy Fed. R. Civ. P. 8(a)(2) in that it does not contain a short and plain statement of the claim showing that the pleader is entitled to relief. The complaint is conclusory and lacks sufficient facts and clarity of legal theory as to under what role plaintiff is presenting her claims, whether as an individual or on behalf of the estate, and against what specific defendant. Under Fed. R. Civ. P. 15(a)(2) the Court should freely give leave to amend when justice so requires. Here, the Court finds that justice requires granting leave to amend, as curing the deficiencies is possible. A Second Amended Complaint may be filed by April 17, 2024. It may not add any parties without advance leave of Court. Defendant's request for Judicial Notice No. 1 is denied (raises issues outside the pleadings; FRE 201; and not needed) and Nos. 2 and 3 granted. The April 10 hearing is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Filing 16 CLERK'S NOTICE. In response to the filings at Dkt. Nos. #13 and #15 , the Clerk is directed to temporarily lock from public viewing the Defendant's filings at Dkts. [7-1] and [7-2]. The reason is for good cause under FRCP 5.2(e)(2) to protect private personal information disclosed about the plaintiff. The Court will issue further orders about the admissibility of these materials. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/22/2024) |
| Filing 15 Request for Judicial Notice re #13 Opposition/Response to Motion REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S REQUEST FOR JUDICIAL NOTICE filed byCounty of San Benito. (Related document(s) #13 ) (Jimerson, Curtis) (Filed on 3/21/2024) |
| Filing 14 REPLY (re #7 MOTION to Dismiss ) TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS filed byCounty of San Benito. (Jimerson, Curtis) (Filed on 3/21/2024) |
| Filing 13 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss ) filed byRosario Herrera. (Walker, Jeffrey) (Filed on 3/14/2024) |
| Filing 12 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss ) filed byRosario Herrera. (Walker, Jeffrey) (Filed on 3/14/2024) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rosario Herrera.. (Walker, Jeffrey) (Filed on 3/7/2024) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by County of San Benito.. (Jimerson, Curtis) (Filed on 3/7/2024) |
| Filing 9 CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 3/7/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/29/2024) |
| Filing 8 CLERK'S NOTICE. OSC in Dkt. No. #5 satisfied by OSC response in Dkt. No. #6 . OSC resolved. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/29/2024) |
| Filing 7 MOTION to Dismiss filed by County of San Benito. Motion to Dismiss Hearing set for 4/10/2024 11:00 AM in San Jose, Courtroom 5, 4th Floor. Responses due by 3/14/2024. Replies due by 3/21/2024. (Attachments: #1 Declaration of Curtis Jimerson in Support of Motion to Dismiss, #2 Request for Judicial Notice, #3 Proposed Order Proposed Order)(Jimerson, Curtis) (Filed on 2/29/2024) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by County of San Benito Joint Response to OSC Re Removal (ECF 1). (Jimerson, Curtis) (Filed on 2/29/2024) |
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Filing 5
ORDER TO SHOW CAUSE RE: REMOVAL. Re: ECF #1 . The Court ORDERS the parties to file a joint statement addressing the issue of Herrera's waiver by 3/1/2024. Signed by Judge Nathanael M. Cousins on 2/26/2024. (lmh, COURT STAFF) (Filed on 2/26/2024)
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| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/22/2024. Initial Case Management Conference set for 5/29/2024 10:00 AM in San Jose, Courtroom 5, 4th Floor. (krp, COURT STAFF) (Filed on 2/26/2024) |
| Filing 3 CERTIFICATE OF SERVICE by County of San Benito re #1 Notice of Removal, (Jimerson, Curtis) (Filed on 2/23/2024) |
| 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/8/2024. (cv, COURT STAFF) (Filed on 2/23/2024) |
| Filing 1 NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. 1441(A)(FEDERAL QUESTION from San Benito County Superior Court. Their case number is CU-23-00246. (). Filed by County of San Benito. (Attachments: #1 Civil Cover Sheet, #2 Notice to Adverse Party of Removal, #3 Declaration Declaration of Curtis E. Jimerson)(Jimerson, Curtis) (Filed on 2/23/2024) |
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| Plaintiff: Rosario Herrera | |
| Represented By: | Jeffrey S. Walker |
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| Defendant: County of San Benito | |
| Represented By: | Curtis Eugene Jimerson |
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