Bass v. County of San Diego et al
| Robert Curtis Bass Inc. and Robert Curtis Bass |
| County of San Diego, State of California, San Diego Superior Court, San Diego District Attorney's Office, San Diego County Sheriff's Department, -, State Bar of California, California Department of Corrections and Rehabilitation, Bonnie Dumanis, Fiona Khalil, Joseph Cargel, William Kolender, Matthew Cate, Richard J. Donovan Correctional Facility, California Institute for Men, Matthew Martel, D Norris, Dorothy Dotson, Loretta Blake, James McGruder, Michael Smolesky, California State Prison, Joseph Muga, Martin O'Neal and Jacqueline Chandler |
| 3:2008cv02135 |
| December 5, 2008 |
| US District Court for the Southern District of California |
| Anti-Trust Office |
| San Diego |
| Michael M Anello |
| Nita L Stormes |
| Anti-Trust |
| 15 U.S.C. § 0025 Clayton Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2010. A more recent docket listing may be available from PACER.
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Filing 127
ORDER of USCA as to #121 Notice of Appeal, filed by Robert Curtis Bass. On January 21, 2010, the USCA ordered appellant, within 21 days, to pay the filing fees and to show cause why the judgment in this appeal should not be summarily affirmed. The order warned appellant that failure to pay the fees and to show cause would result in the automatic dismissal of the appeal by the Clerk of the Court. The USCA is in receipt of appellant's January 28, 2010 filing; however,that filing does not comply with the USCA's January 21, 2010 order to show cause. To date, appellant has not complied with the USCA's January 21, 2010 order. Accordingly, this appeal is dismissed for failure to prosecute. This order served on the USDC shall act as and for the mandate of the USCA. (akr)
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Filing 126
ORDER of USCA as to #121 Notice of Appeal, filed by Robert Curtis Bass. Appellant's motion to proceed in forma pauperis is denied because the USCA finds that the appeal is frivolous. Within 21 days after the date of this order, appellant shall pay $455.00 to the USDC as the docketing and filing fees for this appeal and file proof of payment with the USCA. Failure to pay the fees will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute, regardless of further filings. No motions for reconsideration, clarification, or modification of the denial of appellant's in forma pauperis status shall be filed or entertained. If appellant pays the fees as required and files proof of such payment in the USCA, appellant shall simultaneously show cause why the judgment challenged in this appeal should not be summarily affirmed. If appellant elects to show cause, a response may be filed within 10 days after service of appellant's filing. If appellant pays the fees but fails to file a response to this order, the USCA Clerk shall dismiss this appeal for failure to prosecute. If the appeal is dismissed for failure to comply with this order, the USCA Clerk shall not file or entertain any motion to reinstate the appeal that is not accompanied by proof of payment of the docketing and filing fees and a response to the order to show cause. Briefing is suspended pending further order of the USCA. (akr)
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Filing 125
ORDER denying 122 Motion for Leave to Appeal in forma pauperis. In this case, Plaintiff has failed to submit the required affidavit declaring that he is unable to pay the required fee. Thus, the Court denies Plaintiff's motion to proceed IFP on appeal. Signed by Judge Michael M. Anello on 11/5/2009. (cc: Appeals Clerk, USCA)(All non-registered users served via U.S. Mail Service)(leh) (jrl).
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| Filing 124 USCA Time Schedule Order as to #121 Notice of Appeal, filed by Robert Curtis Bass. (akr) |
| Filing 123 USCA Case Number 09-56723 for #121 Notice of Appeal, filed by Robert Curtis Bass. (akr) |
| Filing 122 MOTION for Leave to Appeal in forma pauperis, by Robert Curtis Bass. (Motion included in #121 Notice of Appeal pleading). (akr) |
| Filing 121 NOTICE OF APPEAL t/w Motion to Proceed In Forma Pauperis as to #114 Clerk's Judgment, #118 Order Denying Plaintiff's Ex Parte Application for Leave to File a Motion for Reconsideration, by Robert Curtis Bass. DEEMED FILED ON 9/14/2009 PER #120 ORDER OF USCA IN USCA CASE NO. 09-72917. (Filing Fee: Not Paid, IFP Motion submitted). (Attachments: #1 Lodgment 1, #2 Lodgment 2, #3 Lodgment 3, #4 USCA Order in Case No. 09-72917). (Notice of Appeal electronically transmitted to US Court of Appeals). (akr) |
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Filing 120
ORDER of USCA in USCA Case No. 09-72917. The petition for a writ of mandamus manifests an intent to appeal in USDC case No. 08-cv-02135-MMA. Accordingly, the petition is construed as a notice of appeal. The USCA Clerk shall transfer the petition to the clerk of the USDC for docketing as a notice of appeal. The notice of appeal shall be deemed filed in the USDC on 9/14/2009. (akr)
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| Filing 119 USCA Case Number 09-72917 for Petition for Writ of Mandamus filed by Robert Curtis Bass. (akr) |
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Filing 118
ORDER Denying Plaintiff's #117 Ex Parte Application for Leave to File a Motion for Reconsideration Pursuant to Fed.R.Civ.P. 60(b). Signed by Judge Michael M. Anello on 9/8/09. (All non-registered users served via U.S. Mail Service).(mkz) (jrl).
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| Filing 117 Ex Parte MOTION for Leave to File Motion for Relief from Judgment or Order Pursuant to Rule 60(b) re: #114 Clerk's Judgment by Robert Curtis Bass. Nunc Pro Tunc to 9/1/2009. (leh) Modified on 9/3/2009 to edit text(leh). |
| Filing 116 Notice of Document Discrepancy by Judge Michael M. Anello Accepting Document: Ex Parte Motion and Declaration in Support of Motion for Relief from a Judgment from Robert Curtis Bass. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Case Closed. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (leh) |
| Filing 115 Notice of Document Discrepancy by Judge Michael M. Anello Rejecting Document: Notice of Motion and Motion for Relief From Judgment from Robert Curtis Bass. Non-compliance with local rule(s), OTHER: Case Closed; Failure to Comply with teh Court's Civil Chamber's Rule which requires an Ex Parte Motion for Leave to File a Rule 60(b) Motion. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. (All non-registered users served via U.S. Mail Service).(leh) |
| Filing 114 CLERK'S JUDGMENT: IT IS SO ORDERED AND ADJUDGED that the Court hereby Grants Defendants Motions to Dismiss and Dismisses Plaintiffs federal claims with prejudice and without leave to amend and dismisses his state law claims without prejudice. The Court also Dismisses Plaintiffs federal claims against the various Defendants who have not yet appeared in this action with prejudice and without leave to amend and dismisses his state law claims without prejudice. (All non-registered users served via U.S. Mail Service).(leh) (kaj). |
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Filing 113
ORDER Granting Defendants' Motions to Dismiss re: #28 , #59 , #96 , #109 , #22 . For the reasons stated herein, the Court hereby GRANTS Defendants Motions to Dismiss and Dismisses Plaintiffs federal claims with prejudice and without leave to amend and dismisses his state law claims without prejudice. The Court also Dismisses Plaintiffs federal claims against the various Defendants who have not yet appeared in this action with prejudice and without leave to amend and dismisses his state law claims without prejudice. This order disposes of all claims. The Clerk of Court shall terminate the case. Signed by Judge Michael M. Anello on 8/25/2009. (All non-registered users served via U.S. Mail Service).(leh)(kaj).
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Filing 112
Motions Submitted #96 MOTION to Dismiss First Amended Complaint, ORDER Setting Hearing on Motion #96 MOTION to Dismiss First Amended Complaint : Pursuant to Civil Local Rule 7.1(d)(1), the Court finds the matter suitable for submission on the papers. Accordingly, Court hereby VACATES the hearing set for August 31, 2009, and no appearances are required. Signed by Judge Michael M. Anello on 8/25/2009. (All non-registered users served via U.S. Mail Service).(af)
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| Filing 111 NOTICE of Joinder of Claims of Defendant Khalil's Motion to Dismiss and Response in Opposition filed by Plaintiff Regarding Defendant Cargel's Motion to Dismiss, Along with Consolidating Motion Hearing Dates, by Robert Curtis Bass (pdc) |
| Filing 110 REPLY to Response to Motion re #96 MOTION to Dismiss First Amended Complaint filed by Joseph Cargel. (Hill, Morris) (leh). |
| Filing 109 MOTION to Dismiss First Amended Complaint by Fiona Khalil. (Attachments: #1 Memo of Points and Authorities, #2 Notice Of Lodgment Combined With Request For Judicial Notice (With Exhibit A))(Hill, Morris)(leh). |
| Filing 108 CERTIFICATE OF SERVICE re Summons on First Amended Complaint by Robert Curtis Bass. CEO/Warden, Centinela State Prison served on 08/07/09. (CEO/Warden, Centinela State Prison not a separate party on the docket.) (lao) |
| Filing 107 CERTIFICATE OF SERVICE re Summons on First Amended Complaint by Robert Curtis Bass. Case Records Supervisor, Centinela State Prison served on 08/07/09. (Case Records Supervisor, Centinela State Prison not a separate party on the docket (lao) |
| Filing 106 CERTIFICATE OF SERVICE re Summons on First Amended Complaint by Robert Curtis Bass. Case Records Manager, Centinela State Prison served on 08/07/09. (Case Records Manager, Centinela State Prison not a separate party on the docket.) (lao) |
| Filing 105 CERTIFICATE OF SERVICE re Summons on First Amended Complaint by Robert Curtis Bass. Case Records Manager, California Institute for Men served on 08/07/09. (Summons on First Amended Complaint as to California Institute for Men previously filed - see entry #100 .) (lao) |
| Filing 104 CERTIFICATE OF SERVICE re Summons on First Amended Complaint by Robert Curtis Bass. Case Records Supervisor, California Institute for Men served on 08/07/09. (Summons on First Amended Complaint as to California Institute for Men previously filed - see entry #100 .) (lao) |
| Filing 103 SUMMONS on First Amended Complaint Returned Executed by Robert Curtis Bass. California State Prison served on 8/7/2009, answer due 8/27/2009. (lao) |
| Filing 102 SUMMONS on First Amended Complaint Returned Executed by Robert Curtis Bass. William Kolender served on 8/7/2009, answer due 8/27/2009. (lao) |
| Filing 101 SUMMONS on First Amended Complaint Returned Executed by Robert Curtis Bass. Richard J. Donovan Correctional Facility served on 8/7/2009, answer due 8/27/2009. (lao) |
| Filing 100 SUMMONS Returned Executed on First Amended Complaint by Robert Curtis Bass. California Institute for Men served on 8/7/2009, answer due 8/27/2009. (lao) |
| Filing 99 SUMMONS on First Amended Complaint Returned Executed by Robert Curtis Bass. Fiona Khalil served on 7/24/2009, answer due 8/13/2009. (mjj) |
| Filing 98 REPLY in Opposition to re #95 Notice of Joinder of Defendants to Defendant Chandler's Previously Filed Motion to Dismiss Plaintiff's First Amended Complaint filed by Robert Curtis Bass. (leh) |
| Filing 97 RESPONSE in Opposition re #96 MOTION to Dismiss First Amended Complaint filed by Robert Curtis Bass. (leh) (leh). Modified on 7/24/2009 to attach correct doc(leh). |
| Filing 96 MOTION to Dismiss First Amended Complaint by Joseph Cargel. (Attachments: #1 Memo of Points and Authorities, #2 Notice Of Lodgment Combined With Request For Judicial Notice (With Exhibit "A"))(Hill, Morris)(leh). |
| Filing 95 NOTICE of Joinder by Matthew Cate, Matthew Martel, Joseph Muga, Martin O'Neal, Jacqueline Chandler In Defendant Chandler's Previously-Filed Motion to Dismiss Plaintiff's First Amended Complaint (Antley, Suzanne) Modified on 7/22/2009, atty contacted re: unregistered s/ user (leh). |
| Filing 94 SUMMONS Returned Executed by Robert Curtis Bass. Joseph Muga served on 7/2/2009, answer due 7/22/2009. (leh) |
| Filing 93 SUMMONS Returned Executed by Robert Curtis Bass. Martin O'Neal served on 7/2/2009, answer due 7/22/2009. (leh) |
| Filing 92 SUMMONS Returned Executed by Robert Curtis Bass. Matthew Cate served on 7/2/2009, answer due 7/22/2009. (leh) |
| Filing 91 SUMMONS Returned Executed by Robert Curtis Bass. Joseph Cargel served on 7/2/2009, answer due 7/22/2009. (leh) |
| Filing 90 Motions Submitted #59 MOTION to Dismiss by District Attorney Bonnie Dumanis. Pursuant to Local Rule 7.1(d)(1), the Court finds the matter suitable for submission on the papers. Accordingly, no oral argument is required. Signed by Judge Michael M. Anello on 6/30/2009. (All non-registered users served via U.S. Mail Service).(af) |
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Filing 89
ORDER of USCA in USCA Case No. 09-71855. Petitioner has not demonstrated that this case warrants the intervention of the USCA by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. The motion to proceed in forma pauperis is denied as moot. No motions for reconsideration, rehearing, clarification, or any other submissions shall be filed or entertained in this closed docket. (akr)
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| Filing 88 USCA Case Number 09-71855 for Petition for Writ of Mandamus filed by Robert Curtis Bass. (akr) |
| Filing 87 SUMMONS Returned Executed on First Amended Complaint by Robert Curtis Bass. (leh) |
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Filing 86
ORDER denying #84 Ex Parte Motion for Leave to File a Motion for Reconsideration. The Court has decided that Plaintiff should not be permitted to utilize the Court's electronic docketing system, and has expressed its reason for doing so. Accordingly, the Court hereby denies Plaintiff's ex parte motion for leave to file a motion for reconsideration. Signed by Judge Michael M. Anello on 6/12/2009. (All non-registered users served via U.S. Mail Service).(leh)(jrl).
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Filing 85
ORDER denying #82 Motion to Strike.. Signed by Judge Michael M. Anello on 6/12/2009. (All non-registered users served via U.S. Mail Service).(leh) (jrl).
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| Filing 84 Ex Parte MOTION for Leave to File Motion for Reconsideration by Robert Curtis Bass. (Attachments: #1 Memo of Points and Authorities)(leh) |
| Filing 83 REPLY to Response to Motion re #59 MOTION to Dismiss by District Attorney Bonnie Dumanis (First Amended Complaint) filed by Bonnie Dumanis. (Hill, Morris) (leh). |
| Filing 82 MOTION to Strike Defendants' #53 Reply to Opposition to Motion by Robert Curtis Bass. Nunc Pro Tunc to 6/5/2009. (leh) |
| Filing 81 Notice of Document Discrepancy by Judge Michael M. Anello Accepting Document: Motion to Strike Defendants' Reply to Opposition to Motion from Robert Curtis Bass. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (All non-registered users served via U.S. Mail Service).(leh) |
| Filing 80 Notice of Document Discrepancy by Judge Michael M. Anello Rejecting Document: Motion to Reconsider Granting Utilization of CM/ECF Electronic Filing System from Robert Curtis Bass. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Failure to Comply with Chambers Rules. Must first file ex parte motion for leave to file motion for reconsideration. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer (All non-registered users served via U.S. Mail Service).(leh) |
| Filing 79 Summons Issued on First Amended Complaint as to Bonnie Dumanis, Fiona Khalil, Joseph Cargel, William Kolender, Matthew Cate, Richard J. Donovan Correctional Facility, California Institute for Men, Matthew Martel, D Norris, Dorothy Dotson, Loretta Blake, James McGruder, Michael Smolesky, California State Prison, Joseph Muga, Martin O'Neal, Jacqueline Chandler. (leh) |
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Filing 78
ORDER denying #70 Ex Parte Motion to Vacate a Void Judgment ; granting in part and denying in part #72 Motion to Substitute Party; denying as moot #73 Motion to Vacate Order; and Lifting the Stay in this Case. The Court permits the substitution of Robert Curtis Bass, individual appearing pro se, in place of ROBERT CURTIS BASS, INCORPORATED. Plaintiff's request to file electronically is denied. The Court having found good cause, hereby lifts the stay in this case. Based on the foregoing, the Motion to Vacate the Order staying his case is denied as moot. The Court hereby orders that Defendant may submit a reply to the third motion to dismiss by 6/12/2009. The Court advises Plaintiff that the order issued by this Court on February 25, 2009, doc #69 which prohibits Plaintiff from contacting the Courts Chambers and the Clerks Office by telephone and/or corresponding with the Court remains in effect.Signed by Judge Michael M. Anello on 6/2/2009. (All non-registered users served via U.S. Mail Service).(leh) (jrl).
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| Filing 77 MANDATE of USCA summarily affirming the decision of the USDC as to #10 Notice of Appeal. (akr) |
| Filing 76 Notice of Document Discrepancy by Judge Michael M. Anello Rejecting Document: Letter Re: Pending Status of Case from ROBERT CURTIS BASS, INCORPORATED. Non-compliance with local rule(s), OTHER: Per Administrative Policies & Procedures Section 2: Judges' e_file email addresses are not to be utilized to communicate with the Court unless otherwise permitted; LR 83.9 - Attorneys or parties to any action shall refrain from writing letters to the Judge, or otherwise communicating with the Judge unless opposing counsel is present. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer (All non-registered users served via U.S. Mail Service).(leh) |
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Filing 75
ORDER of USCA as to #10 Notice of Appeal. A review of the record and the response to the USCA's order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. Accordingly, we summarily affirm the USDC's 11/25/2008 order denying preliminary injunctive relief for failure to satisfy Federal Rule of Civil Procedure 65(b). We also summarily affirm that portion of the USDC's 12/5/2008 order denying as moot the motion to reconsider the denial of preliminary injunctive relief. Affirmed. (USCA Mandate expected to follow). (akr)
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| Filing 74 DECLARATION in Support re #73 Ex Parte MOTION to Vacate #65 Order Staying Case, #72 Ex Parte MOTION to Substitute Parties by Plaintiff ROBERT CURTIS BASS, INCORPORATED. (leh) |
| Filing 73 Ex Parte MOTION to Vacate #65 Order Staying Case by ROBERT CURTIS BASS, INCORPORATED. (Attachments: #1 Memo of Points and Authorities)(leh) |
| Filing 72 Ex Parte MOTION to Substitute Parties by ROBERT CURTIS BASS, INCORPORATED. (Attachments: #1 Memo of Points and Authorities)(leh) |
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Filing 71
ORDER of USCA as to #10 Notice of Appeal. The scope of this appeal is limited to review of the 11/25/2008 order denying preliminary injunctive relief and of the portion of the 12/5/2008 order denying as moot the motion to reconsider the denial of preliminary injunctive relief. The USDC's 12/5/2008 dismissal of the complaint with leave to amend is not a final or appealable order. The USDC's 12/5/2008 judgment dismissing certain defendants is not final or appealable because it was not certified pursuant to FRCP 54(b). A review of the record reflects that appellant is attempting to appear pro se on behalf of a corporation. A corporation must be represented by counsel. Within 21 days after the filing date of this order, appellant shall retain counsel who shall file a notice of appearance with the USCA. A new briefing schedule shall be established upon compliance with this order. A review of the record reflects that this case may be appropriate for summary disposition under Ninth Circuit Rule 3-6(b) because the USDC did not abuse its discretion in denying appellant's motion for preliminary injunctive relief. If appellant complies with this order to retain counsel, appellant shall simultaneously show cause why summary disposition is not appropriate. A response may be filed within 8 days after service of the memorandum. Failure to comply with this order shall result in the automatic dismissal of this appeal by the USCA Clerk for failure to prosecute. Appellant's emergency motion to vacate the USDC's 2/23/2009 order is denied. To the extent appellant requests relief by way of a petition for writ of mandamus, the request is denied. (akr)
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| Filing 70 Ex Parte MOTION to Vacate a Void Judgment re: #65 Order Staying Case by ROBERT CURTIS BASS, INCORPORATED. (Attachments: #1 Memo of Points and Authorities)(leh) |
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Filing 69
ORDER Re: Contact with the Court: It is ordered that Mr. Bass shall cease contacting Chambers and the Clerk's Office by telephone and/or corresponding with the Court. Failure to comply with this Order and the Civil Local Rules shall result in sanctions being imposed upon Plaintiff, which may include dismissal of the action. Signed by Judge Michael M. Anello on 2/25/2009. (All non-registered users served via U.S. Mail Service).(leh) (jrl).
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| Filing 68 NOTICE of Filing Fee Received from Plaintiff ROBERT CURTIS BASS, INCORPORATED. Filing fee: $ 350.00, Receipt #160383, Paid on 2/24/2009. (leh) |
| Filing 67 OBJECTION to #65 District Judge's Order Staying Case Pending Procurement of Counsel by ROBERT CURTIS BASS, INCORPORATED. (leh) |
| Filing 66 USCA Appeal Fees received ($455, Receipt No. 160384) re #10 Notice of Appeal. (cc: US Court of Appeals). (The following documents also sent to US Court of Appeals re USCA Case Number 08-57001: US District Court docket sheet and #65 ORDER Staying Case Pending Plaintiff's Procurement of Counsel and Payment of $350 Filing Fee). (akr) |
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Filing 65
ORDER STAYING CASE Pending Plaintiff's Procurement of Counsel and Payment of the $350 Filing Fee: Plaintiff's in forma pauperis status and pro se status are revoked. Plaintiff must procure licensed legal representation and pay the $350 court filing fee by March 23, 2009. Mr. Robert Curtis Bass may no longer participate as a legal representative in this case. The Case is stayed pending Plaintiff's procurement of legal counsel and payment of the $350 filing fee and will be dismissed if Plaintiff fails to comply with this Order by March 23, 2009. Signed by Judge Michael M. Anello on 2/23/09. (pdc) (jrl).
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| Filing 64 CERTIFICATE OF SERVICE by ROBERT CURTIS BASS, INCORPORATED re #63 Response in Opposition to Motion, Certificate of Service (Bass, Robert)(leh). |
| Filing 63 RESPONSE in Opposition re #59 MOTION to Dismiss by District Attorney Bonnie Dumanis Notice Of Motion in Opposition filed by ROBERT CURTIS BASS, INCORPORATED. (Attachments: #1 Memo of Points and Authorities Memorandum of Points & Authorities in Suppor Of)(Bass, Robert)(leh). |
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Filing 62
ORDER granting #55 Request to Correct: Having considered the motion, and Plaintiff's assertions that the above-entitled action was filed originally on behalf of Robert Curtis Bass, Inc., a corporation, and not Robert Curtis Bass, an individual, the Court, having found good cause, GRANTS Plaintiff's request and HEREBY ORDERS the substitution of "Robert Curtis Bass, Inc." as Plaintiff in place of "Robert Curtis Bass." The Clerk of the Court shall modify the docket to reflect "Robert Curtis Bass, Inc." in place of "Robert Curtis Bass." IT IS SO ORDERED. Signed by Judge Michael M. Anello on 02/20/2009. (af)
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Filing 61
ORDER VACATING Hearing on Motion #28 MOTION to Dismiss Plaintiff's First Amended Complaint, #22 MOTION to Dismiss First Amended Complaint. Motions Submitted #28 MOTION to Dismiss Plaintiff's First Amended Complaint, #22 MOTION to Dismiss First Amended Complaint. Pursuant to Civil Local Rule 7.1(d)(1), the Court finds the matters suitable for submission on the papers. Accordingly, the February 20, 2009 hearing on the motions is hereby VACATED and no oral argument will be held. Signed by Judge Michael M. Anello on 2/17/2009. (af)
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| Filing 60 NOTICE by County of San Diego, Bonnie Dumanis re #59 MOTION to Dismiss by District Attorney Bonnie Dumanis (Notice of Motion) (Hill, Morris) (leh). |
| Filing 59 MOTION to Dismiss by District Attorney Bonnie Dumanis by County of San Diego, Bonnie Dumanis. (Hill, Morris)(leh). |
| Filing 58 OBJECTION by Robert Curtis Bass re 57 Order,. (Attachments: #1 Proof of Service Certificate of Service)(Bass, Robert) (leh). |
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Filing 57
ORDER regarding Plaintiff's MOTION to Amend First Amended Complaint #55 . Pursuant to the Court's prior instruction, Plaintiff must file the proposed second amended complaint as an exhibit to the motion. Plaintiff shall title the document "Exhibit A in support of Motion to Amend First Amended Complaint." Signed by Judge Michael M. Anello on 2/10/2009. (af)
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| Filing 56 CERTIFICATE OF SERVICE by Robert Curtis Bass re #55 Motion to Amend Certificate of Service (Bass, Robert) (leh). |
| Filing 55 MOTION to Amend First Amended Complaint by Robert Curtis Bass re #54 Order (Attachments: #1 Memo of Points and Authorities In Support of Motion to Amend to Correct Administrative Error)(Bass, Robert) Modified on 2/10/2009, changed event; edited text (leh). |
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Filing 54
ORDER Re: Changes in Docket Information by Plaintiff Robert Curtis Bass. The Court conducted a search of the State Bar of California, which revealed Plaintiff is not at attorney licensed by the State of California. Plaintiff cannot represent himself as such. Accordingly, the docket has been changed to reflect Plaintiff's status as pro se and removed references to Plaintiff as an "Attorney in Fact." Should Plaintiff continue to represent himself as an attorney in this case, the Court may issue court-initiated sanctions. Signed by Judge Michael M. Anello on 2/9/2009. (leh)
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| Filing 53 REPLY to Response to Motion re #22 MOTION to Dismiss First Amended Complaint filed by County of San Diego. (Hill, Morris) (leh). |
| Filing 52 SUMMONS Returned Executed by Robert Curtis Bass. (Bass, Robert) Modified on 2/9/2009, Document Already filed See Doc 51 (leh). |
| Filing 51 SUMMONS Returned Executed by Robert Curtis Bass. Matthew Martel served on 1/28/2009, answer due 2/17/2009. (Bass, Robert) (leh). |
| Filing 50 SUMMONS Returned Executed by Robert Curtis Bass. Bonnie Dumanis served on 1/27/2009, answer due 2/17/2009. (Attachments: #1 Proof of Service Proof of Process Server)(Bass, Robert) (leh). |
| Filing 49 CERTIFICATE OF SERVICE by Robert Curtis Bass re #48 Notice (Other) CERTIFICATE OF SERVICE (Bass, Robert) (leh) |
| Filing 48 NOTICE by Robert Curtis Bass DEMAND FOR JURY TRIAL (Attachments: #1 Notice DEMAND FOR JURY TRIAL)(Bass, Robert) (leh). |
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Filing 47
ORDER denying #41 Motion for Reconsideration of Denial Of Entry of Default Judgment. Plaintiff has failed to meet the requirements in submitting his motion to reconsider to the Court. Accordingly, Plaintiff's motion to reconsider is hereby denied. Signed by Judge Michael M. Anello on 1/30/2009. (leh)
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| Filing 46 NOTICE of Joinder by Matthew Martel, Jacqueline Chandler in Defendant J. Chandler's Previously-Filed Motion to Dismiss Plaintiff's First Amended Complaint (Antley, Suzanne) (leh). |
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Filing 45
ORDER granting #39 Ex Parte Motion to Consolidate Hearing Dates. Accordingly, the hearing on Defendant Chandler's Motion to Dismiss Plaintiff's First Amended Complaint (Docket #28) is reset before the Honorable Michael M. Anello on 2/20/2009 at 2:30 PM in Courtroom 5. Signed by Judge Michael M. Anello on 1/27/2009. (leh)
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| Filing 44 CERTIFICATE OF SERVICE by Robert Curtis Bass re #43 Response in Opposition to Motion, Certificate of Service (Notice of Motion & Motion in Opposition) (Bass, Robert) (leh). |
| Filing 43 RESPONSE in Opposition re #28 MOTION to Dismiss Plaintiff's First Amended Complaint Motion in Opposition to Dismiss filed by Robert Curtis Bass. (Attachments: #1 Memo of Points and Authorities Motion in Opposition to Dismiss)(Bass, Robert) (leh). |
| Filing 42 CERTIFICATE OF SERVICE by Robert Curtis Bass re #41 Notice (Other) Certificate of Service Motion for Reconsideration (Bass, Robert)(leh). |
| Filing 41 NOTICE and MOTION for Reconsideration of Entry of Default Judgement by Robert Curtis Bass (Attachments: #1 Memo of Points and Authorities Motion for Reconsideration)(Bass, Robert) Modified on 1/27/2009 to edit text; fix event (leh). |
| Filing 40 CERTIFICATE OF SERVICE by Robert Curtis Bass Certificate of Service Ex Parte Motion to Consolidate (Joinder) (Bass, Robert) (leh). |
| Filing 39 Ex Parte MOTION to Consolidate Hearing Dates Along with Denying Consent to have US Magistrate Decide Dispositive and Non-Dispositive Matters by Robert Curtis Bass. (Attachments: #1 Memo of Points and Authorities Ex Parte Motion to Consolidate (Joinder))(Bass, Robert) Modified on 1/27/2009 to edit text; fix event (leh). |
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Filing 38
Notice of Document Discrepancy and Order Thereon by Judge Michael M. Anello Rejecting Document: Motion to Consolidate Hearing Dates and Denying Consent to have US Magistrate Decide Dispositive Matters; Response in Opposition to Motion from Plaintiff Robert Curtis Bass. Non-compliance with local rule, OTHER: Plaintiff improperly submitted Motion to Consolidate Hearing Dates and Denying Consent with Response in Opposition to Motion re #28 Motion to Dismiss. Must be separate entries. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Michael M. Anello on 1/12/2009. (leh)
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Filing 37
ORDER Denying Plaintiff's Request for Entry of Default Judgment re #34 MOTION Request for Entry of Default filed by Robert Curtis Bass. Although the caption indicated that Plaintiff is requesting an entry of default, Plaintiff refers throughout the document as it being a request for entry of default judgment. Accordingly, Plaintiff's request for entry of default judgment is hereby denied. Signed by Judge Michael M. Anello on 1/12/2009. (leh)
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| Filing 36 Affidavit of Damages and Claims by Robert Curtis Bass. Nunc Pro Tunc to 12/30/2008. (leh) |
| Filing 35 Notice of Document Discrepancy by Judge Michael M. Anello Accepting Document: Affidavit of Damages and Claims from Robert Curtis Bass. Non-compliance with local rule, OTHER: Missing Certificate of Service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (leh) |
| Filing 34 MOTION - Request and Entry of Default by Robert Curtis Bass. Nunc Pro Tunc to 12/30/2008. (leh) Modified on 1/5/2009 to indicate default was not entered, defendants filed motions to dismiss (leh). |
| Filing 33 Notice of Document Discrepancy by Judge Michael M. Anello Accepting Document: Request and Entry of Default from Robert Curtis Bass. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1 or 47.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing Certificate of Service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. (leh) |
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Filing 32
ORDER denying #14 Motion to Reconsider Dismissed Claims. For the reasons stated herein, the Plaintiff's motion for reconsideration is hereby denied. Signed by Judge Michael M. Anello on 12/30/2008. (leh)
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| Filing 31 DOCUMENT STRICKEN - PURSUANT TO 1/12/2009 ORDER, SEE DOC. 38 - MOTION to Consolidate Hearing Dates and Denying Consent to have US Magistrate decide Dispositive Matters; RESPONSE in Opposition to Motion re #28 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Robert Curtis Bass. (Attachments: # 1 Memorandum Of Points and Authorities, # 2 Supplement Ex Parte Motion to Consolidate Hearing Dates and Denying Consent to Have U.S. Magistrate Decide Dispositive Matters, # 3 Proof of Service)(Bass, Robert) Modified on 1/5/2009 to edit text (leh). Modified on 1/12/2009, Document Stricken per Order on 1/12/2009 (leh) |
| Filing 30 OBJECTION by Jacqueline Chandler to Plaintiff's Request for Entry of Default Judgment (Attachments: #1 Declaration of Suzanne Antley in Support of Defendant Chandler's Opposition to Plaintiff's Request for Entry of Default Judgment)(Antley, Suzanne) (leh). |
| Filing 29 DECLARATION re #28 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendant Jacqueline Chandler. (Antley, Suzanne)(leh). |
| Filing 28 MOTION to Dismiss Plaintiff's First Amended Complaint by Jacqueline Chandler. (Attachments: #1 Memo of Points and Authorities in Support of Defendant Chandler's Motion to Dismiss Plaintiff's First Amended Complaint)(Antley, Suzanne)(leh). |
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Filing 27
ORDER granting #25 Motion/Request to Register with District Court to Utilize CM/ECF Document Filing System. The Court finding good cause hereby grants Plaintiff's request to register on CM/ECF. Plaintiff must register as a user with the Clerk's Office within five days. Signed by Judge Michael M. Anello on 12/30/2008. (All non-registered users served via U.S. Mail Service).(leh)
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| Filing 26 NOTICE of USCA Receipt of Certificate of Record re #10 Notice of Appeal filed by Robert Curtis Bass. USCA Case Number 08-57001. (akr) |
| Filing 25 MOTION/Request to Register with District Court to Utilize CM/ECF Document Filing System by Robert Curtis Bass. (mkz) |
| Filing 24 RESPONSE in Opposition re #22 MOTION to Dismiss First Amended Complaint, filed by Robert Curtis Bass. (Attachments: #1 Memo of Points and Authorities)(mkz) |
| Filing 23 CERTIFICATE OF SERVICE by County of San Diego re #22 MOTION to Dismiss First Amended Complaint (Hill, Morris). Modified on 12/29/2008 - Corrected spelling (jah). |
| Filing 22 MOTION to Dismiss First Amended Complaint by County of San Diego. (Attachments: #1 Memo of Points and Authorities)(Hill, Morris). Modified on 12/29/2008 - Corrected spelling (jah). |
| Filing 21 SUMMONS Returned Executed by Robert Curtis Bass. State of California served on 12/8/2008. (State of California not named on First Amended Complaint) (leh) |
| Filing 20 SUMMONS Returned Executed by Robert Curtis Bass. County of San Diego served on 12/8/2008, answer due 12/29/2008. (leh) |
| Filing 19 SUMMONS Returned Executed by Robert Curtis Bass. Jacqueline Chandler served on 12/8/2008, answer due 12/29/2008. (leh) |
| Filing 18 Certificate of Record transmitted to USCA re #10 Notice of Appeal. (akr) |
| Filing 17 TRANSCRIPT REQUEST by Robert Curtis Bass: No Transcripts Designated re #10 Notice of Appeal. (akr) |
| Filing 16 USCA Time Scheduling Order as to #10 Notice of Appeal filed by Robert Curtis Bass. (akr) |
| Filing 15 USCA Case Number 08-57001 for #10 Notice of Appeal filed by Robert Curtis Bass. (akr) |
| Filing 14 MOTION to Reconsider Dismissed Claims by Robert Curtis Bass re #8 Order Dismissing Claims. Nunc Pro Tunc to 12/8/2008. (leh) |
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Filing 13
Discrepancy Order by Judge Michael M. Anello Accepting Document: Motion to Reconsider Dismissed Claims from Plaintiff Robert Curtis Bass, non-compliance with local rule 5.1: Missing time and date on motion and/or supporting documentation, 7.1: Lacking memorandum of points and authorities in support as a separate document. The document is to be filed nunc pro tunc to date received. (All non-registered users served via U.S. Mail Service).(leh)
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| Filing 12 Summons Issued as to County of San Diego, Bonnie Dumanis, Fiona Khalil, Joseph Cargel, William Kolender, Matthew Cate, Richard J. Donovan Correctional Facility, California Institute for Men, Matthew Martel, D Norris, Dorothy Dotson, Loretta Blake, James McGruder, Michael Smolesky, California State Prison, Joseph Muga, Martin O'Neal, Jacqueline Chandler. (leh) |
| Filing 11 FIRST AMENDED COMPLAINT against Bonnie Dumanis, Fiona Khalil, Joseph Cargel, William Kolender, Matthew Cate, Richard J. Donovan Correctional Facility, California Institute for Men, Matthew Martel, D Norris, Dorothy Dotson, Loretta Blake, James McGruder, Michael Smolesky, California State Prison, Joseph Muga, Martin O'Neal, Jacqueline Chandler, County of San Diego, filed by Robert Curtis Bass. (Attachments: #1 Part 2 of Complaint)(leh) |
| Filing 10 NOTICE OF APPEAL as to #9 Clerk's Judgment, by Robert Curtis Bass. (Filing Fee: No Fee Required). (akr) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #10 Notice of Appeal. (akr) |
| Filing 9 CLERK'S JUDGMENT: IT IS SO ORDERED AND ADJUDGED that the State of California, Superior Court of California-Central Division, the State Bar of California, the California Department of Corrections and Rehabilitation, the Richard J. Donovan Correctional Institute, and Centinela State Prison are entitled to sovereign immunity, Plaintiffs claims under 42 U.S.C. 1981 and 1994 and 18 U.S.C. 1589 against these Defendants are hereby DISMISSED with prejudice and without leave to amend.(All non-registered users served via U.S. Mail Service).(leh) |
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Filing 8
ORDER granting #2 Motion for Leave to Proceed in forma pauperis; Dismissing Complaint Sua Sponte; and denying as moot #7 Motion for Reconsideration. For reasons stated, the Court hereby grants Plaintiff's motion to proceed IFP and Sua Sponte Dismisses the action pursuant to 28 U.S.C. 1915(e)(2). If he so chooses, Plaintiff may file an amended complaint as to the remaining defendants, fixing the defects noted herein. Plaintiff must file the amended complaint no later than 45 days from the date of this order. Because the Complaint has been dismissed sua sponte, Defendant's pending motion to reconsider is denied as moot. Signed by Judge Michael M. Anello on 12/5/2008. (All non-registered users served via U.S. Mail Service). (Per Chambers request Clerk's Judgment issued as to certain defendants)(leh)
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| Filing 7 MOTION to Reconsider Request for Preliminary Injunctive Relief and Temporary Restraining Order by Robert Curtis Bass. Nunc Pro Tunc to 11/26/2008. (leh) |
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Filing 6
Discrepancy Order by Judge Michael M. Anello accepting document: Motion to Reconsider Request for Preliminary Injunctive Relief and Temporary Restraining Order from Plaintiff Robert Curtis Bass, non-compliance with local rule 5.1: Missing time and date on motion and/or supporting documentation. The document is to be filed nunc pro tunc to date received. (All non-registered users served via U.S. Mail Service).(leh)
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Filing 5
ORDER denying #4 Request for Preliminary Injunction and Request for Temporary Restraining Order. Because Plaintiff has failed to satisfy the procedural requirement of Rule 65(b), the Request for Preliminary Injunctive Relief and Temporary Restraining Order is denied. Signed by Judge Michael M. Anello on 11/25/2008. (All non-registered users served via U.S. Mail Service).(leh)
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| Filing 4 Request for Preliminary Injunctive Relief; and Request for Temporary Restraining Order by Robert Curtis Bass. (leh) |
| Filing 3 NOTICE of Change of Address by Robert Curtis Bass. (leh) |
| Filing 2 MOTION and Declaration under penalty of perjury in support of motion to Proceed in forma pauperis by Robert Curtis Bass. (smy) |
| Filing 1 COMPLAINT with Jury Demand against California Department of Corrections and Rehabilitation, County of San Diego, State Of California, San Diego Superior Court, San Diego District Attorney's Office, San Diego County Sheriff's Department, State Bar of California, filed by Robert Curtis Bass. IFP motion pending.(smy) (kaj). |
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