Johnson v. Neotit et al

Johnson v. Neotit et al

Plaintiff:	Leslie Johnson
Defendant:	George A Neotti, Akbari, Liptscher, George Neotit, Silva, Akabara, Lipshir, Espinoza, S Laming, Does 1 through 5, inclusive and Jane Does
Case Number:	3:2009cv01568
Filed:	July 14, 2009
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	David H Bartick
Referring Judge:	Roger T Benitez
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 pr Prisoner Civil Rights
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on July 5, 2012. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 5, 2012	Filing 61 ORDER DISMISSING ACTION without Prejudice. Signed by Judge Roger T. Benitez on 7/3/2012.(All non-registered users served via U.S. Mail Service)(knb)
June 12, 2012	Filing 60 ORDER TO SHOW CAUSE: Order to Show Cause Brief due by 7/3/2012. Signed by Judge Roger T. Benitez on 06/11/2012.(All non-registered users served via U.S. Mail Service)(ag)(jrd)
April 16, 2012	Filing 59 Mail Returned as Undeliverable. re #58 Order, Add and Terminate Judges, Terminate Deadlines and Hearings, Terminate Motion and R&R Deadlines/Hearings. Mail sent to Leslie Johnson. (skh)
April 5, 2012	Filing 58 TRANSFER ORDER: Judge Louisa S. Porter is no longer assigned to the case and Judge David H. Bartick is now assigned for all further proceedings. All pending dates currently scheduled before Magistrate Judge Louisa S. Porter are to be rescheduled to the calendar of Judge David H. Bartick as previously set. Any dates set before any district judge remain unchanged. The new case number is 09cv1568-BEN(DHB). Signed by Judge Barry Ted Moskowitz on 4/4/12.(All non-registered users served via U.S. Mail Service)(ecs)
March 6, 2012	Filing 57 ORDER Granting #55 Motion for Extension of Time. Plaintiff shall file a Second Amended Complaint on or before April 6, 2012. Signed by Magistrate Judge Louisa S Porter on 3/6/2012. (All non-registered users served via U.S. Mail Service)(knb)(jrd)
February 22, 2012	Filing 56 Mail Returned as Undeliverable re #54 Notice of Document Discrepancies (Yellow Discrepancy), Mail sent to Leslie Johnson (knb)
January 31, 2012	Filing 55 MOTION for Extension of Time to proceed with case by Leslie Johnson. Filed nunc pro tunc 1/20/12. (skh)
January 31, 2012	Filing 54 Notice of Document Discrepancies by Magistrate Judge Louisa S Porter Accepting Document: Notice and REquest for an Extension of Time from Leslie Johnson. 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: no deadline in the case to extend. 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)(skh)(jrd)
August 29, 2011	Filing 53 NOTICE to the Court & Clerk's File of Lien of Attachment by Operation of Law to be Recorded Hereto, and to be Non Retractable in This Case by Leslie Johnson. Filed Nunc Pro Tunc 8/23/2011. (All non-registered users served via U.S. Mail Service)(skh) (cap).
August 29, 2011	Filing 52 Notice of Document Discrepancies by Magistrate Judge Louisa S Porter Accepting Document: Notice to the Court & Clerk's File of Lien of Attachment by Operation of Law to be Recorded Hereto, and to be Non Retractable in This Case from Leslie Johnson. Non-compliance with local rule(s), OTHER: L.R. 77.2, request not grantable by the Clerk w/o further direction of the Judge. 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)(skh) (cap).
August 8, 2011	Filing 51 ORDER: (1) Adopting Report and Recommendation; (2) Denying Defendants' Motion to Strike Portion of the First Amended Complaint; (3) Granting in Part and Denying in Part Defendants' Motion to Dismiss the First Amended Complaint (Doc. Nos. #38 , #50 ). Plaintiff is granted forty-five (45) days from the date of this Order to file a Second Amended Complaint. Signed by Judge Roger T. Benitez on 8/8/2011. (All non-registered users served via U.S. Mail Service)(knh)(jrd)
July 13, 2011	Filing 50 REPORT AND RECOMMENDATION for an Order Denying Defendants' Motion to Strike Portions of Plaintiff's First Amended Complaint and Granting in Part and Denying in Part Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Doc. No. #38 ).Objections to R&R due by 8/5/2011, Replies due by 8/19/2011. Signed by Magistrate Judge Louisa S Porter on 7/13/2011.(All non-registered users served via U.S. Mail Service)(knh)
May 20, 2011	Filing 49 RESPONSE in Support re #38 MOTION to Dismiss Plaintiff's Amended Civil Complaint, and/or Strike Portions Thereof; Memorandum of Points and Authorities In Support filed by Akbari, Espinoza, Liptscher, Silva. (Attachments: #1 Proof of Service)(Farag, Shareef) (knh).
May 11, 2011	Filing 48 RESPONSE in Opposition re #38 MOTION to Dismiss Plaintiff's Amended Civil Complaint, and/or Strike Portions Thereof; Memorandum of Points and Authorities In Support filed by Leslie Johnson. Nunc pro tunc 5/5/11. (ecl)
May 11, 2011	Filing 47 Notice of Document Discrepancies by Magistrate Judge Louisa S Porter Accepting Document: Plaintiff's Response in Opposition to Defendants Motion to Dismiss the Amended Complaint and/or Strike Portions Thereof from Leslie Johnson. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. 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)(ecl)
April 18, 2011	Filing 46 ORDER Granting Plaintiff's #45 Ex Parte Motion for Extension of Time.Plaintiff shall file an opposition to Defendants' Motion to Dismiss Plaintiff's Amended Complaint and/or Strike Portions Thereof on or before May 2, 2011. Signed by Magistrate Judge Louisa S Porter on 4/18/2011. (All non-registered users served via U.S. Mail Service)(knh) (cap).
April 11, 2011	Filing 45 MOTION for Extension of Time of 30 Days to File Response/Reply as to #38 MOTION to Dismiss by Leslie Johnson. (ecl)
March 16, 2011	Filing 44 ORDER Granting Plaintiff #43 Ex Parte Motion for Extension of Time. Plaintiff shall file an opposition to Defendants' Motion to Dismiss Plaintiff's Amended Complaint and/or Strike Portions Thereof on or before April 6, 2011. Signed by Magistrate Judge Louisa S Porter on 3/16/2011. (All non-registered users served via U.S. Mail Service)(knh)(mam).
March 15, 2011	Filing 43 MOTION for Extension of Time of Thirty Calendar Days to File Response/Reply as to #38 MOTION to Dismiss Plaintiff's Amended Civil Complaint, and/or Strike Portions Thereof; Memorandum of Points and Authorities In Support by Leslie Johnson. (ecl)
February 28, 2011	Filing 42 ORDER Regarding Plaintiff's Opposition to Defendants' Motion to Dismiss Plaintiff's Amended Complaint and/or Strike Portions Thereof. Plaintiff shall file an opposition to Defendants' Motion to Dismiss Plaintiff's Amended Complaint and/or Strike Portions Thereof on or before March 21, 2011. If Plaintiff seeks an extension of time to file an opposition to Defendants' Motion to Dismiss Plaintiff's Amended Complaint and/or Strike Portions Thereof, he shall file a motion for extension of time on or before March 21, 2011. Signed by Magistrate Judge Louisa S Porter on 2/28/2011.(All non-registered users served via U.S. Mail Service)(knh)(jrd).
January 19, 2011	Filing 41 NOTICE by Akbari, Espinoza, Liptscher, Silva of Designation of Counsel (Attachments: #1 Certificate of Service, #2 Proof of Service)(Ramirez, Eugene) (ecl).
January 18, 2011	Filing 40 ORDER setting hearing on #38 Motion to Dismiss. (Opposition due by 2/11/2011, Reply due by 2/22/2011. Motion Hearing set for 2/28/2011 02:00 PM before Magistrate Judge Louisa S Porter.) Signed by Magistrate Judge Louisa S Porter on 1/18/11.(All non-registered users served via U.S. Mail Service)(lao) (av1).
January 14, 2011	Filing 39 NOTICE by Akbari, Espinoza, Liptscher, Silva OF CHANGE OF FIRM NAME (Attachments: #1 Certificate of Service, #2 Proof of Service)(Ramirez, Eugene) Atty notified not to use all caps in future filings (ecl).
January 14, 2011	Filing 38 MOTION to Dismiss Plaintiff's Amended Civil Complaint, and/or Strike Portions Thereof; Memorandum of Points and Authorities In Support by Akbari, Espinoza, Liptscher, Silva. (Attachments: #1 Memo of Points and Authorities, #2 Certificate of Service, #3 Proof of Service)(Farag, Shareef) (ecl).
December 15, 2010	Filing 37 ORDER Granting Defendants' #36 Ex Parte Motion for Extension of Time. The Defendants shall file a responsive pleading to Plaintiff's First Amended Complaint on or before January 14, 2011. Signed by Magistrate Judge Louisa S Porter on 12/15/2010. (All non-registered users served via U.S. Mail Service)(knh)(jrl).
December 13, 2010	Filing 36 Ex Parte MOTION for Extension of Time to File Responsive Pleading to Plaintiff's First Amended Complaint by Akbari, Espinoza, Liptscher, Silva. (Attachments: #1 Declaration Of Eugene P. Ramirez, #2 Certificate of Service, #3 Proof of Service)(Ramirez, Eugene) (ecl).
December 13, 2010	Filing 35 NOTICE by Akbari, Espinoza, Liptscher, Silva of Change of Handling Attorney (Attachments: #1 Certificate of Service, #2 Proof of Service)(Ramirez, Eugene) (ecl).
December 1, 2010	Filing 34 First AMENDED COMPLAINT with Jury Demand against Akbari, John DOES, Jane Does, Espinoza, Liptscher, Silva, filed by Leslie Johnson. (ecl)(mam).
November 9, 2010	Filing 33 Notice of Document Discrepancy and Order Thereon by Judge Roger T. Benitez Rejecting Document: First Amended Complaint from Plaintiff Leslie Johnson. Non-compliance with local rule(s), OTHER: Order #31 expressly denies Plaintiff to file a First Amended Complaint against George A. Neotti. 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 Roger T. Benitez on 11/9/2010.(All non-registered users served via U.S. Mail Service)(knh)(mam).
October 29, 2010	Filing 32 STRICKEN per #33 Notice of Document Discrepancy and Order Thereon. Modified to Strike on 11/10/2010 (knh). (Main Document 32 replaced on 11/10/2010) (knh).
October 19, 2010	Filing 31 ORDER Granting #30 Extension of Time. Plaintiff shall have until and including November 8, 2010 to file his first amended complaint. Signed by Judge Roger T. Benitez on 10/19/2010. (All non-registered users served via U.S. Mail Service)(knh)(av1).
October 14, 2010	Filing 30 MOTION for Extension of Time of 15 Days to File First Amended Complaint by Leslie Johnson. (ecl)
September 29, 2010	Filing 29 ORDER granting #28 Extension of Time. Plaintiff shall have until and including 10/11/2010 to his First Amended Complaint. Signed by Judge Roger T. Benitez on 9/29/10. (All non-registered users served via U.S. Mail Service)(lao) (Main Document 29 replaced on 9/30/2010) (lao). (jrl).
September 27, 2010	Filing 28 MOTION for Extension of Time in the Amount of Fifteen Days to File a First Amended Complaint by Leslie Johnson. (ecl)
August 31, 2010	Filing 27 ORDER Dismissing All Claims Against Defendant S Laming without Prejudice. Signed by Judge Roger T. Benitez on 8/31/2010.(All non-registered users served via U.S. Mail Service)(knh)(mam).
July 26, 2010	Filing 26 ORDER TO SHOW CAUSE Why Case Should Not be Dismissed Against Defendant S. Laming. The Court will provide Plaintiff with additional time to provide the Court with accurate and current location of Defendant Laming so that the U.S. Marshal will be able to effect service upon her. Plaintiff must provide this information to the Court no later than August 20, 2010. Signed by Judge Roger T. Benitez on 7/23/2010.(All non-registered users served via U.S. Mail Service)(knh) (av1).
July 26, 2010	Filing 25 ORDER Granting #24 Motion to for Leave to File a First Amended Complaint. Plaintiff is granted leave to file a First Amended Complaint against Defendants Silva, Akabara, Lipshir, and Espinoza only. Plaintiff must file such First Amended Complaint no later than September 24, 2010. This Order renders moot Defendants' #11 Motion to Dismiss, the pending #23 Report and Recommendations, and Plaintiff's #24 request for more time to respond to the Report and Recommendation. The Court also Denies Plaintiff's Request for Appointment of Counsel. Signed by Judge Roger T. Benitez on 7/23/2010. (All non-registered users served via U.S. Mail Service)(knh) (av1).
July 19, 2010	Filing 24 MOTION for Leave to Amend #1 Complaint, and for Good Cause Justification Thereof or, in the Alternative, MOTION for Extension of 30 Days Time to File Objections to #23 REPORT AND RECOMMENDATION by Leslie Johnson. (ecl)
July 1, 2010	Filing 23 REPORT AND RECOMMENDATION that Defendants' #11 Motion to Dismiss be Granted. Objections to R&R due on or before 7/26/2010. Any reply to the objections shall be served and filed no later than 14 days after being served with the objections. Signed by Magistrate Judge Louisa S Porter on 7/1/2010.(All non-registered users served via U.S. Mail Service)(knh)(jrl).
May 14, 2010	Filing 22 REPLY to Response to Motion re #11 MOTION to Dismiss Plaintiff's Complaint or Strike Portions Thereof; Memorandum of Points and Authorities in Support filed by Akabara, Espinoza, Lipshir, Silva. (Coleman, Susan) Atty notified to refile document using matching login and s/ signature (ecl).
May 10, 2010	Filing 21 RESPONSE in Opposition re #11 MOTION to Dismiss Plaintiff's Complaint or Strike Portions Thereof; Memorandum of Points and Authorities in Support filed by Leslie Johnson. NUNC PRO TUNC 4/30/10 PER #20 Order. (knh) Modified to correct text on 5/12/2010 (knh) (mam).
May 10, 2010	Filing 20 ORDER Accepting Document, Directing that Document be Filed, and Modifying Briefing Schedule. Plaintiff's Opposition shall be filed nunc pro tunc to date received. Defendants shall file a reply to Plaintiff's opposition on or before May 14, 2010. Defendants' motion shall be heard on May 21, 2010 at 4:00 p.m. Signed by Magistrate Judge Louisa S Porter on 5/10/2010.(All non-registered users served via U.S. Mail Service)(knh)(mam).
April 5, 2010	Filing 19 ORDER Granting #18 Motion for Extension of Time and Setting New Briefing Schedule. Plaintiff shall file an opposition to the motion on or before April 16, 2010. Defendants shall file a reply to Plaintiffs opposition on or before April 30, 2010. Defendants' motion shall be heard on May 7, 2010 at 2:00 p.m. Without further court order, no appearances are required at that hearing. Signed by Magistrate Judge Louisa S Porter on 4/5/2010. (All non-registered users served via U.S. Mail Service)(knh)(mam).
April 1, 2010	Filing 18 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiff's Complaint or Strike Portions Thereof; Memorandum of Points and Authorities in Support by Leslie Johnson. (Attachments: #1 Declaration, #2 Proof of Service)(ecl)
April 1, 2010	Filing 17 NOTICE of Appearance by Mitchell A. Wrosch on behalf of Akabara, Espinoza, Lipshir, Silva (Attachments: #1 Certificate of Service, #2 Proof of Service)(Wrosch, Mitchell) (ecl).
March 15, 2010	Filing 16 ORDER granting Extension of Time and Setting New Briefing Schedule: Plaintiff shall file an opposition to the motion to dismiss on or before 3/31/10, reply due 4/14/10. Defendants motion shall be heard on 4/21/10 at 2:00 PM. Defendants motion shall be deemed submitted on the papers at that time. Signed by Magistrate Judge Louisa S Porter on 3/15/10 (All non-registered users served via U.S. Mail Service) (asw). (jrl).
March 5, 2010	Filing 15 MOTION for Extension of Time to File Response/Opposition by Leslie Johnson. (Attachments: #1 Declaration, #2 Proof of Service)(ecl)
February 3, 2010	Filing 14 ORDER granting #13 Motion for Extension of Time and Setting New Briefing Schedule: Responses/Opposition to Motion to Dismiss due by 3/1/2010. Replies due by 3/15/2010. Defendants motion shall be heard on 3/22/10 at 2:00 PM. Signed by Magistrate Judge Louisa S Porter on 2/3/10. (All non-registered users served via U.S. Mail Service)(asw) (jrl).
February 1, 2010	Filing 13 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiff's Complaint or Strike Portions Thereof; Memorandum of Points and Authorities in Support by Leslie Johnson. (Attachments: #1 Declaration, #2 Proof of Service)(ecl)
December 29, 2009	Filing 12 ORDER Setting Hearing on Motion to Dismiss: Responses/Opposition due by 1/29/2010, Replies due by 2/12/2010., Motion Hearing set for 2/19/2010 02:00 PM before Magistrate Judge Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 12/29/09.(All non-registered users served via U.S. Mail Service)(asw) (jrl).
December 29, 2009	Filing 11 MOTION to Dismiss Plaintiff's Complaint or Strike Portions Thereof; Memorandum of Points and Authorities in Support by Akabara, Espinoza, Lipshir, Silva. (Coleman, Susan) (ecl).
December 11, 2009	Filing 10 WAIVER OF SERVICE Returned Executed by Leslie Johnson. Espinoza waiver sent on 10/30/2009, answer due 12/29/2009. (rmm)
December 11, 2009	Filing 9 WAIVER OF SERVICE Returned Executed by Leslie Johnson. Lipshir waiver sent on 10/30/2009, answer due 12/29/2009. (rmm)
December 11, 2009	Filing 8 WAIVER OF SERVICE Returned Executed by Leslie Johnson. Silva waiver sent on 10/30/2009, answer due 12/29/2009. (rmm)
December 11, 2009	Filing 7 WAIVER OF SERVICE Returned Executed by Leslie Johnson. Akabara waiver sent on 10/30/2009, answer due 12/29/2009. (rmm)
November 16, 2009	Filing 6 Summons Returned Unexecuted by Leslie Johnson as to S Laming. (rmm)
October 1, 2009	Filing 5 Summons Issued as to Silva, Akabara, Lipshir, Espinoza, S Laming. (Attachments: #1 IFP Letter)(asw)
October 1, 2009	Filing 4 ORDER granting #3 Motion for Leave to Proceed in forma pauperis, Sua Sponte Dismissing Defendant George Neotit and Directing U.S. Marshal to Effect Service upon Remaining Defendants. The clerk shall issue a summons on remaining Defendants and forward it to Plaintiff along with the U.S. Marshal Form 285, certified copy of this Order, Complaint and Summons. All costs of service shall be advanced by the United States. Signed by Judge Roger T. Benitez on 10/1/09. (IFP Package mailed)(All non-registered users served via U.S. Mail Service). (asw) (jrl).
September 17, 2009	Filing 3 MOTION for Leave to Proceed in forma pauperis by Leslie Johnson. (rmm)
August 4, 2009	Filing 2 ORDER DISMISSING CIVIL ACTION without Prejudice for Failing to Pay Filing Fee Required by 28 U.S.C. 1914(a) and/or Failing to Move to Proceed In Forma Pauperis Pursuant to 28 U.S.C 1915(a): The Court GRANTS Plaintiff 45 days leave from the date this Order is filed to prepay the entire $350 filing fee or complete and file a Motion to Proceed IFP. The Clerk shall provide Plaintiff with the Court's approved Motion and Declaration in Support of Motion to Proceed In Forma Pauperis. If Plaintiff fails to pay the $350 or complete and submit the form within that time, this action shall remain dismissed without prejudice and without further Order of the Court. Signed by Judge Roger T. Benitez on 8/4/09. (All non-registered users served via U.S. Mail Service).(asw) (av1).
July 14, 2009	Filing 1 COMPLAINT against George Neotit, Silva, Akabara, Lipshir, Espinoza, S Laming (Filing fee $ 0. No fee paid, submitted without IFP motion), filed by Leslie Johnson. (Attachments: #1 Memorandum, #2 Civil Cover Sheet)(rmm) (av1).

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Search for this case: Johnson v. Neotit et al
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Defendant: George A Neotti
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Defendant: Akbari
Represented By:	Eugene P Ramirez
Represented By:	Susan E Coleman
Represented By:	Mitchell A. Wrosch
Represented By:	Shareef Farag
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Defendant: Liptscher
Represented By:	Eugene P Ramirez
Represented By:	Shareef Farag
Represented By:	Susan E Coleman
Represented By:	Mitchell A. Wrosch
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Defendant: George Neotit
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Defendant: Silva
Represented By:	Eugene P Ramirez
Represented By:	Shareef Farag
Represented By:	Susan E Coleman
Represented By:	Mitchell A. Wrosch
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Defendant: Akabara
Represented By:	Eugene P Ramirez
Represented By:	Shareef Farag
Represented By:	Susan E Coleman
Represented By:	Mitchell A. Wrosch
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Defendant: Lipshir
Represented By:	Eugene P Ramirez
Represented By:	Shareef Farag
Represented By:	Susan E Coleman
Represented By:	Mitchell A. Wrosch
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Defendant: Espinoza
Represented By:	Eugene P Ramirez
Represented By:	Shareef Farag
Represented By:	Susan E Coleman
Represented By:	Mitchell A. Wrosch
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Defendant: S Laming
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Defendant: Does 1 through 5, inclusive
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Defendant: Jane Does
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Plaintiff: Leslie Johnson
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