Gallagher v. San Diego Unified Port District et al

Plaintiff: John Gallagher
Defendant: San Diego Unified Port District and DOES
Case Number: 3:2008cv00886
Filed: May 19, 2008
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Ruben B. Brooks
Presiding Judge: Irma E. Gonzalez
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: Americans with Disabilities Act
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
August 22, 2014 107 Opinion or Order of the Court CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED the Districts motion for summary judgment, under Nassars but-for causation standard, is granted.Judgment is entered in favor of Defendant and against Plaintiff.(cge) (Main Document 107 replaced on 8/22/2014 - incorrect pdf image, NEF regenerated) (cge).
June 3, 2014 103 Opinion or Order of the Court ORDER:(1) granting Plaintiff's Rule 56(d) Request for Further Discovery; and (2) Continuing Defendant's 91 Motion for Summary Judgment filed by San Diego Unified Port District. Plaintiff has sixty (60) days from the date of this Order to complete discovery and briefing in support of his opposition to the Motion for Summary Judgment. The District may file any response fourteen (14) days after that. Signed by Judge Anthony J. Battaglia on 6/2/14.(cge)
May 13, 2014 100 Opinion or Order of the Court ORDER Requesting Supplemental Declaration. Plaintiff must file his supplemental declaration within ten (10) days from the date of this Order. The District may then file objections within ten (10) days of Plaintiff's declaration. Signed by Judge Anthony J. Battaglia on 5/13/14.(cge)
April 14, 2014 96 Opinion or Order of the Court ORDER: (1) Establishing Causation Standard For Plaintiff's ADA Retaliation Claim; and (2) Requesting Supplemental Briefing re 91 MOTION for Summary Judgment filed by San Diego Unified Port District. Plaintiff's supplemental briefing due 4/30/14. If the Plaintiff files supplemental briefing, the District may file a supplemental brief in response, if it so chooses, on or before 5/9/14. Signed by Judge Anthony J. Battaglia on 4/14/14.(cge)(jrd)
September 8, 2011 80 Opinion or Order of the Court ORDER denying 79 Motion for Reconsideration. Signed by Judge Anthony J. Battaglia on 09/08/11. (All non-registered users served via U.S. Mail Service)(cge)
July 27, 2011 69 Opinion or Order of the Court ORDER granting Defendant's 64 Motion for Summary Judgment, terminating this case. The Clerk of the Court shall enter Judgment in favor of Defendants and against Plaintiff. Signed by Judge Anthony J. Battaglia on 07/22/11. (All non-registered users served via U.S. Mail Service)(cge)
August 31, 2009 43 Opinion or Order of the Court ORDER granting w/ prejudice City of Coronado's 36 Motion to Dismiss. Granting in part and denying in part San Diego Unified Port District's 38 Motion to Dismiss and granting in part and denying in part 38 Motion to Strike. Court finds that Pla successfully alleged 1) claim for discrimination under the ADA, premised only upon the Port's denial of an A-9 anchorage permit, and 2) claim for retaliation under the ADA, also based on the denial of the A-9 achorage permit. All remai ning claims in the Third Amended Complaint against the Port are dismissed w/ prejudice. The Port's request for judicial notice is granted in part. The Part's request for judicial notice of each exhibit not expressly discussed is denied as moot. Court strikes Pla's claims for punitive damages. Court denies as moot the Port's motion to strike any damages claims from causes of action that have been dismissed. Signed by Judge Irma E. Gonzalez on 8/31/2009. (jah) (jrl).
April 7, 2009 34 Opinion or Order of the Court ORDER denying Plaintiff's 29 Motion for Reconsideration of Court's 27 Order Granting in Part Dft San Diego Port District's Motion to Dismiss Second Amended Complaint. Signed by Judge Irma E. Gonzalez on 4/6/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).
February 6, 2009 27 Opinion or Order of the Court ORDER granting Dft City of Coronado's 16 Motion to Dismiss; granting in part and denying in part Dft San Diego Port District's 17 Motion to Dismiss. Pla may file a Third and Final Amended Complaint w/in 30 days from the date of this Ord er. Court dismisses Pla's claim w/ prejudice, insofar as it alleges discrimination based on the Port's 2006 revision of UPDC 4.36. Court dismisses Pla's 42 USC 1983 cause of action w/ prejudice as it alleges a 1983 violation on the bas is of the Port's revision of UPDC 4.36. Court grants in part and denies in part the Port's request for judicial notice. Court denies as moot the Port District's request for judicial notice of each exhibit not expressly discussed. Court denies as moot the City of Coronado's request for judicial notice, and denies as moot Pla's request for judicial notice. Signed by Judge Irma E. Gonzalez on 2/6/2009. (All non-registered users served via U.S. Mail Service).(jah). Modified on 2/9/2009 - Corrected file date (jah).

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Plaintiff: John Gallagher
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Defendant: San Diego Unified Port District
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