Marin v. Eidgahy et al

Plaintiff: Mel M. Marin
Defendant: Saeid Eidgahy, Candice Klingbeil, Ann Geller, Elizabeth Armstrong, Constance M. Carroll, Peter Z. Schiesche, Mary Schwandt, Maria Nieto Senour and Rich Grosch
Case Number: 3:2010cv01906
Filed: September 14, 2010
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Presiding Judge: Michael M. Anello
Referring Judge: Ruben B. Brooks
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1983 Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 15, 2012 67 Opinion or Order of the Court ORDER Granting 60 Motion to Dismiss Plaintiff's Third Amended Complaint. The Court Grants Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint in its entirety. The Court finds that any further amendment of Plaintiff� 39;s claims would be futile. Accordingly, Plaintiff's case is Dismissed with Prejudice. The Clerk of this Court shall enter judgment against Plaintiff and terminate the case. Signed by Judge Michael M. Anello on 10/15/2012. (All non-registered users served via U.S. Mail Service)(leh)
March 19, 2012 58 Opinion or Order of the Court ORDER: Granting in Part and Denying in part 36 Motion to Dismiss Second Amended Complaint; granting 49 Motion for Leave to File Third Amended Complaint; Denying 49 Motion for Reconsideration; Granting in Part and Denying in Part 50 Motion to Dismiss Second Amended Complaint; and Denying 55 Motion to Strike. In sum, Plaintiff may file a third amended complaint to (1) amend his First Amendment retaliation claim against Defendant Klingbeil (2) amend his common law negligence claim ag ainst Defendants Eidgahy, Geller, Armstrong, McGrath, Carroll, Schiesche, Schwandt, Senour, and Grosch for failure to train and supervise Klingbeil; and (3) state a claim for injunctive relief, only. Plaintiff may not allege any new claims nor add a ny new defendants in his third amended complaint. Plaintiff shall file his third amended complaint by 4/16/2012. The Clerk of Court is instructed to terminate Defendants, the District and the Board of Trustees, as they are immune from suit. Signed by Judge Michael M. Anello on 3/19/2012. (All non-registered users served via U.S. Mail Service)(leh)
June 17, 2011 31 Opinion or Order of the Court ORDER: Granting 22 Motion to Dismiss filed by Defendants; and Denying as Moot 25 Motion to File Second Amended Complaint. The Court orders that Plaintiff is granted 30 days from the date this Order is filed to file a Second Amended Complaint which cures all the deficiencies. Signed by Judge Michael M. Anello on 6/17/2011. (All non-registered users served via U.S. Mail Service)(leh)
January 18, 2011 9 Opinion or Order of the Court ORDER Granting 7 Motion for Leave to Proceed in forma pauperis and Granting 8 Motion for Reconsideration as to 5 Clerk's Judgment. The Court orders Plaintiffs motion for reconsideration of the judgment entered on 12/2/2010 is Granted and t he Clerk of Court is instructed to Vacate the judgment andreopen the case file. Plaintiff's amended motion for leave to proceed IFP is Granted. Signed by Judge Michael M. Anello on 1/18/2011. (Pro Per Package Prepared) (All non-registered users served via U.S. Mail Service)(leh)
September 15, 2010 4 Opinion or Order of the Court ORDER: Denying 2 Motion for Leave to Proceed in forma pauperis ; denying 3 Motion for TRO and Preliminary Injunction. It is hereby ordered that Plaintiff's motion to proceed IFP is denied. Plaintiff shall pay the $350 filing fee within fourteen days of the date of this order or this action shall be dismissed. In the absence of an operative complaint, Plaintiff's Motion for a TRO and Preliminary Injunction is denied. Signed by Judge Michael M. Anello on 9/15/2010. (All non-registered users served via U.S. Mail Service)(leh)

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Search for this case: Marin v. Eidgahy et al
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Plaintiff: Mel M. Marin
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Defendant: Saeid Eidgahy
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Defendant: Candice Klingbeil
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Defendant: Ann Geller
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Defendant: Elizabeth Armstrong
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Defendant: Constance M. Carroll
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Defendant: Peter Z. Schiesche
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Defendant: Mary Schwandt
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Defendant: Maria Nieto Senour
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Defendant: Rich Grosch
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