American News and Information Services, Inc. et al v. Gore et al
| American News and Information Services, Inc., James C. Playford and Edward A. Peruta |
| Jan Caldwell, William D. Gore, Thomas Seiver, County of San Diego, William Lansdowne, John Doe 1-10, San Diego County Sheriffs Department, Jesse Allensworth, Bonnie Dumanis, James Breneman, Michael Proctor, San Diego Police Department, Brendan Cook, City of San Diego and San Diego County District Attorney's Office |
| 3:2012cv02186 |
| September 6, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Roger T Benitez |
| Karen S Crawford |
| Civil Rights: Other |
| 42 U.S.C. § 1983 cv |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2018. A more recent docket listing may be available from PACER.
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Filing 108
ORDER of USCA as to #103 Notice of Appeal to 9th Circuit, filed by James C. Playford, Edward A. Peruta, American News and Information Services, Inc. We previously withdrew submission of this appeal and stayed all further proceedings pending the outcome of Lozman v. City of Rivera Beach, 681 F. Appx 746 (11th Cir. 2017), cert granted, 138 S. Ct. 447. Although the Supreme Court has now decided Lozman, 138 S. Ct. 1945 (2018), the Court has since granted certiorari in a second case, Bartlett v. Nieves, 712 F. Appx 613 (9th Cir. 2017), cert granted, 2018 WL 1023097 (U.S. June 28, 2018), which is expected to decide whether probable cause defeats a First Amendment retaliatory-arrest claim against a law enforcement officer under 42 U.S.C. 1983. Because the resolution of this case may depend on the outcome of Bartlett, all further proceedings in this case shall remain stayed pending final action by the Supreme Court in Bartlett. This case shall remain administratively closed pending further order of the USCA. Counsel shall notify the USCA following a decision in Bartlett. (akr)
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Filing 107
ORDER of USCA as to #103 Notice of Appeal to 9th Circuit, filed by James C. Playford, Edward A. Peruta, American News and Information Services, Inc. Because the resolution of this appeal may depend on the outcome of Lozman v. City of Riviera Beach, 681 F. Appx 746 (11th Cir. 2017), cert. granted, 138 S. Ct. 447, we withdraw submission of this appeal and stay all further proceedings pending the resolution of Lozman. The Clerk is directed to administratively close this docket, pending further order. Counsel shall notify the USCA following the decision in Lozman. (akr)
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| Filing 106 TRANSCRIPT DESIGNATION AND ORDERING FORM by American News and Information Services, Inc., Edward A. Peruta, James C. Playford for proceedings held on 06/24/2013 re #103 Notice of Appeal to 9th Circuit. (Attachments: #1 Declaration)(Baird, Rachel). (Main Document 106 replaced on 6/27/2016 with document in which the court name in the caption is corrected to read "Southern District" instead of "Northern District." Correction made by deputy clerk.) (akr). |
| Filing 105 USCA Time Schedule Order as to #103 Notice of Appeal to 9th Circuit, filed by James C. Playford, Edward A. Peruta, American News and Information Services, Inc. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 6/27/2016 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 7/25/2016.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr) |
| Filing 104 USCA Case Number 16-55770 for #103 Notice of Appeal to 9th Circuit, filed by James C. Playford, Edward A. Peruta, American News and Information Services, Inc. (akr) |
| Filing 103 NOTICE OF APPEAL to the 9th Circuit as to #63 Order, #74 Order, #101 Order, by American News and Information Services, Inc., Edward A. Peruta, James C. Playford. (Filing fee $ 505 receipt number 0974-9099282.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Declaration of Service)(Baird, Rachel). (Modified on 5/26/2016: Edited docket text re linked Orders and re attachment #1.) (akr). |
| Filing 102 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court grant summary judgment to Defendants Gore, Caldwell, and the County on Plaintiff's remaining claims for First Amendment retaliation and failure to train.(knb) |
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Filing 101
ORDER Granting Defendants' #95 Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 4/28/2016. (knb)
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| Filing 100 REPLY to Response to Motion re #95 MOTION for Summary Judgment filed by Jan Caldwell, County of San Diego, William D. Gore. (Attachments: #1 Declaration Of Jan Caldwell (Supplemental), #2 Proof of Service)(Chapin, James) |
| Filing 99 DECLARATION re #98 Response in Opposition to Motion, Defendants' Motion for Summary Judgment by Plaintiff James C. Playford. (Baird, Rachel) (nbp) |
| Filing 98 RESPONSE in Opposition re #95 MOTION for Summary Judgment filed by James C. Playford. (Attachments: #1 Declaration James C. Playford and Edward A. Peruta, #2 Exhibit Deposition of Jan Caldwell, #3 Exhibit Examiner.com Article, #4 Exhibit Surf School Photograph, #5 Exhibit American News Court Media Credentials, #6 Exhibit American News Secret Service Media Credentials, #7 Exhibit Deputy Ward Report)(Baird, Rachel) (nbp) |
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Filing 97
ORDER Granting #96 Request for Continuance and Issuing Briefing Schedule. Motion Hearing continued to 5/3/2016 09:30 AM before Judge Roger T. Benitez re #95 Motion for Summary Judgment. Responses due by 4/15/2016, Replies due by 4/22/2016. Signed by Judge Roger T. Benitez on 4/7/2016. (knb)
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| Filing 96 MOTION to Continue April 22, 2016, Hearing on Defendants' Motion for Summary Judgment by James C. Playford. (Attachments: #1 Declaration)(Baird, Rachel) (knb). |
| Filing 95 MOTION for Summary Judgment by Jan Caldwell, County of San Diego, William D. Gore. (Attachments: #1 Memo of Points and Authorities, #2 Separate Statement Of Undisputed Material Facts, #3 Declaration Of Jan Caldwell, #4 Declaration Of Jeff Duckworth, #5 Declaration Of Thomas Seiver, #6 Notice Of Lodgment Combined With Request For Judicial Notice And Attached Exhibit A, #7 Exhibit Exhibits B, C, D)(Chapin, James) |
| Filing 94 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: A Mandatory Settlement Conference (MSC) was held on 3/21/2016. The case did not settle at the MSC. Defendants shall contact the law clerk of Magistrate Judge Karen S. Crawford within three (3) court days of receiving a non-dispositive ruling on defendants Motion for Summary Judgment.(no document attached) (jmw) |
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Filing 93
ORDER Denying #90 Joint Motion to Extend Deadlines. Signed by Magistrate Judge Karen S. Crawford on 2/12/2016. (knb)
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| Filing 92 MOTION to Withdraw #89 MOTION for Extension of Time to Complete Discovery and for Extension of All Deadlines by James C. Playford. (Attachments: #1 Declaration)(Baird, Rachel) |
| Filing 91 MOTION to Withdraw #88 MOTION for Extension of Time to Complete Discovery and for Extension of All Deadlines by James C. Playford. (Attachments: #1 Declaration)(Baird, Rachel) |
| Filing 90 Joint MOTION for Extension of Time to Complete Discovery and Extend All Deadlines by James C. Playford. (Attachments: #1 Declaration)(Baird, Rachel) |
| Filing 89 MOTION for Extension of Time to Complete Discovery and for Extension of All Deadlines by James C. Playford. (Attachments: #1 Declaration)(Baird, Rachel) |
| Filing 88 MOTION for Extension of Time to Complete Discovery and for Extension of All Deadlines by Edward A. Peruta. (Attachments: #1 Declaration)(Baird, Rachel) |
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Filing 87
ORDER Granting #86 Motion to Withdraw Richard A. Williams as Attorney of Record. Signed by Judge Roger T. Benitez on 1/11/2016. (knb)
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| Filing 86 MOTION to Withdraw as Attorney by Richard Williams by James C. Playford. (Attachments: #1 Declaration)(Williams, Richard) (knb). |
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Filing 85
ORDER Approving Pro Hac Vice as to Rachel Baird. Signed by Judge Roger T. Benitez on 12/3/2015.(vam)
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| Filing 84 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Attachments: #1 Declaration Service)(Baird, Rachel) (vam). |
| Filing 83 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Attachments: #1 Declaration Service)(Baird, Rachel) (ag). |
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Filing 82
SCHEDULING ORDER: Mandatory Settlement Conference set for 3/21/2016 02:30 PM in chambers before Magistrate Judge Karen S. Crawford. Memorandum of Contentions of Fact and Law due by 5/31/2016. Proposed Pretrial Order due by 6/20/2016. Final Pretrial Conference set for 6/27/2016 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Karen S. Crawford on 7/15/2015.(knb)
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| Filing 81 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: a telephonic Case Management Conference was held on 7/9/2015. Scheduling Order to issue. (Plaintiff Attorney Rachel Baird). (Defendant Attorney James Chapin). (no document attached) (kxl) |
| Filing 80 NOTICE of Change of Hearing as to DATE AND TIME: due to an unexpected conflict in the Court's calendar, the telephonic Case Management Conference previously set for Friday 7/10/2015 at 10:00 AM is RESCHEDULED to Thursday 7/9/2015 at 02:00 PM before Magistrate Judge Karen S. Crawford. (no document attached) (kxl) |
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Filing 79
ORDER following Early Neutral Evaluation Conference, Setting Rule 26 Compliance, and Notice of Telephonic Case Management Conference ( Joint Proposed Discovery due by 6/29/2015, Telephonic Case Management Conference set for 7/10/2015 10:00 AM before Magistrate Judge Karen S. Crawford). Signed by Magistrate Judge Karen S. Crawford on 5/26/2015.(kcm)
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| Filing 78 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: an Early Neutral Evaluation Conference was held on 5/21/2015. The case did not settle. Order setting initial dates to issue. (Plaintiff Attorneys Rachel Baird, Richard Williams). (Defendant Attorneys Carra Rhamy, James Chapin). (no document attached) (kxl) |
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Filing 77
ORDER granting #76 Motion to Excuse Appearance of Sheriff William Gore and Jan Caldwell at Early Neutral Evaluation Conference. Signed by Magistrate Judge Karen S. Crawford on 5/5/2015. (kcm)
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| Filing 76 Ex Parte MOTION to Excuse Appearance of William D. Gore and Jan Caldwell at Early Neutral Evaluation, Scheduled for May 21, 2015 by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Proof of Service)(Chapin, James) (kcm). |
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Filing 75
NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 5/21/2015 02:30 PM in chambers before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 4/13/2015.(knb)
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Filing 74
ORDER Granting #65 Motion to Dismiss Third Amended Complain as to Defendants Allensworth, Breneman, and Proctor. Signed by Judge Roger T. Benitez on 4/10/2015. (knb)
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Filing 73
ORDER Denying Plaintiffs' #72 Motion for Early Neutral Evaluation (ENE) and Case Management Conference (CMC). Signed by Magistrate Judge Karen S. Crawford on 3/26/2015. (knb)
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| Filing 72 MOTION ENE and CMC by James C. Playford. (Attachments: #1 Declaration of Service)(Williams, Richard) (knb). |
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Filing 71
ORDER Granting Unopposed Motion To Strike (Re Doc. #66 ): Defendants moved to strike certain allegations in the Third Amended Complaint. Paragraphs 8-11 and 50-75 are stricken. Signed by Judge Roger T. Benitez on 11/19/2014. (mdc)
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| Filing 70 Minute Order issued by the Honorable Roger T. Benitez: Submitting #66 MOTION to Strike #64 Amended Complaint, Notice of Motion and Motion to Strike Allegations in the Third Amended Complaint, #65 MOTION to Dismiss for Failure to State a Claim Notice of Motion and Motion to Dismiss Third Amended Complaint as to Defendats Allensworth, Breneman and Proctor. Court to issue written Order. Motion Hearing date of 11/24/2014 10:30AM is hereby vacated. (no document attached) (gxr) |
| Filing 69 REPLY to Response to Motion re #65 MOTION to Dismiss for Failure to State a Claim Notice of Motion and Motion to Dismiss Third Amended Complaint as to Defendants Allensworth, Breneman and Proctor Reply Memorandum of Points and Authorities In Support of Motion to Dismiss Third Amended Complaint as to Defendants Allensworth, Breneman and Proctor filed by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Proof of Service)(Chapin, James) (knb) |
| Filing 68 RESPONSE in Opposition re #65 MOTION to Dismiss for Failure to State a Claim Notice of Motion and Motion to Dismiss Third Amended Complaint as to Defendats Allensworth, Breneman and Proctor filed by James C. Playford. (Attachments: #1 Declaration)(Williams, Richard) (knb). |
| Filing 67 ANSWER to #64 Amended Complaint, Answer of Defendants William D. Gore, Jan Caldwell, County of San Diego and San Diego Sheriff's Department by San Diego County Sheriffs Department, Brendan Cook, Thomas Seiver, James Breneman, Bonnie Dumanis, Jesse Allensworth, William D. Gore, County of San Diego, Michael Proctor, Jan Caldwell. (Attachments: #1 Proof of Service)(Chapin, James) (knb). |
| Filing 66 MOTION to Strike #64 Amended Complaint, Notice of Motion and Motion to Strike Allegations in the Third Amended Complaint by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Memo of Points and Authorities In Support of Motion to Strike Allegations in the Third Amended Complaint, #2 Proof of Service)(Chapin, James) (knb). |
| Filing 65 MOTION to Dismiss for Failure to State a Claim Notice of Motion and Motion to Dismiss Third Amended Complaint as to Defendants Allensworth, Breneman and Proctor by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Memo of Points and Authorities In Support of Motion to Dismiss Third Amended Complaint as to Defendants Allensworth, Breneman and Proctor, #2 Proof of Service)(Chapin, James) (knb). |
| Filing 64 Third AMENDED COMPLAINT with Jury Demand against Jesse Allensworth, James Breneman, Jan Caldwell, County of San Diego, William D. Gore, Michael Proctor, filed by James C. Playford. (Attachments: #1 Declaration Service) (Williams, Richard) (knb). |
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Filing 63
ORDER: (1) Granting in Part and Denying in Part County Defendants' #56 Motion to Dismiss; (2) Granting City's #54 Motion to Dismiss; (3) Denying as Moot City's #55 Motion to Strike as Moot. Playford may file an amended complaint amending his seventh claim by 10/6/2014. If he elects not to amend this claim, County Defendants shall file an Answer to the remaining claims by 10/17/2014. Signed by Judge Roger T. Benitez on 9/17/2014. (knb)
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| Filing 62 Minute Order issued by the Honorable Roger T. Benitez: Submitting #56 MOTION to Dismiss for Failure to State a Claim ; Submitting #54 MOTION to Dismiss for Failure to State a Claim ; Submitting #55 MOTION to Strike #53 Amended Complaint . Court to issue written Order. Motion Hearing date of 03/10/2014 10:30AM is hereby vacated. (no document attached) (gxr) |
| Filing 61 REPLY to Response to Motion re #56 MOTION to Dismiss for Failure to State a Claim filed by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Chapin, James) (knb). |
| Filing 60 REPLY to Response to Motion re #55 MOTION to Strike #53 Amended Complaint filed by City of San Diego, William Lansdowne. (Attachments: #1 Proof of Service)(Zlotnick, Kristin) (knb). |
| Filing 59 REPLY to Response to Motion re #54 MOTION to Dismiss for Failure to State a Claim filed by City of San Diego, William Lansdowne. (Attachments: #1 Proof of Service)(Zlotnick, Kristin) (knb). |
| Filing 58 RESPONSE in Opposition re #56 MOTION to Dismiss for Failure to State a Claim filed by American News and Information Services, Inc., Edward A. Peruta, James C. Playford. (Attachments: #1 Declaration)(Williams, Richard)(knb). |
| Filing 57 RESPONSE in Opposition re #54 MOTION to Dismiss for Failure to State a Claim , #55 MOTION to Strike #53 Amended Complaint filed by American News and Information Services, Inc., Edward A. Peruta, James C. Playford. (Attachments: #1 Declaration)(Williams, Richard) |
| Filing 56 MOTION to Dismiss for Failure to State a Claim by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Memo of Points and Authorities, #2 Notice of Lodgment Combined with Request for Judicial Notice, #3 Proof of Service)(Chapin, James) (knb). |
| Filing 55 MOTION to Strike #53 Amended Complaint by City of San Diego, William Lansdowne. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Zlotnick, Kristin) (knb). |
| Filing 54 MOTION to Dismiss for Failure to State a Claim by City of San Diego, William Lansdowne. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Zlotnick, Kristin) (knb). |
| Filing 53 Second AMENDED COMPLAINT against All Defendants, filed by Edward A. Peruta, American News and Information Services, Inc., James C. Playford. (knb) (cap). |
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Filing 52
ORDER: (1) Granting #48 Motion for Leave to File a Second Amended Complaint; and (2) Denying as Moot Motions to Dismiss and Motion to Strike (Docket Nos. #35 , #36 , #37 ). Signed by Judge Roger T. Benitez on 1/13/2014. (knb)
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| Filing 51 Minute Order issued by the Honorable Roger T. Benitez: Submitting #48 MOTION to Amend/Correct . Court to issue written Order. Motion Hearing date of 12/16/2013 10:30AM is hereby vacated. (no document attached) (gxr) |
| Filing 50 RESPONSE in Opposition re #48 MOTION to Amend/Correct filed by City of San Diego, William Lansdowne. (Attachments: #1 Proof of Service)(Zlotnick, Kristin) (knb). |
| Filing 49 RESPONSE in Opposition re #48 MOTION to Amend/Correct filed by Jesse Allensworth, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Chapin, James) (knb). |
| Filing 48 MOTION to Amend/Correct by American News and Information Services, Inc., Edward A. Peruta, James C. Playford. (Attachments: #1 Exhibit Memorandum of Points and Authorities, #2 Exhibit Proposed Second Amended and Supplemental Complaint, #3 Declaration)(Williams, Richard) (knb). |
| Filing 47 NOTICE by American News and Information Services, Inc., Edward A. Peruta, James C. Playford of Intent to File Second Amended Complaint and to Supplement the Pleadings by November 4, 2013 (Williams, Richard) (knb). |
| Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 6/24/2013, before Judge Irma E. Gonzalez. Court Reporter/Transcriber: Frank J. Rangus. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/7/2013. Redacted Transcript Deadline set for 8/19/2013. Release of Transcript Restriction set for 10/15/2013. (akr) |
| Filing 45 Minute Entry: Judge Irma E. Gonzalez hereby recuses from this case. Judge Roger T. Benitez has been randomly assigned to the case. The new case number is 12cv2186 BEN KSC. (no document attached) (cap) |
| Filing 44 Minute Order. for proceedings held before Judge Irma E. Gonzalez: Motion Hearing held on 6/24/2013 re #35 MOTION to Dismiss for Failure to State a Claim filed by City of San Diego, William Lansdowne, #36 MOTION to Strike filed by City of San Diego, William Lansdowne, #37 MOTION to Dismiss Amended Complaint for Failure to State a Claim filed by County of San Diego, James Breneman, Jan Caldwell, San Diego County Sheriffs Department, Michael Proctor, William D. Gore, Bonnie Dumanis, Brendan Cook, Thomas Seiver, Jesse Allensworth. Court to issue written order. (Court Reporter Frank Rangus). (Plaintiff Attorney Rachel Baird, Richard Williams).(Defendant Attorney James Chapin, Kristin Zlotnick). (no document attached) (tkl) |
| Filing 43 Minute Order resetting Hearing on Motion #35 MOTION to Dismiss for Failure to State a Claim, #37 MOTION to Dismiss Amended Complaint for Failure to State a Claim, #36 MOTION to Strike.Motion Hearing set for 6/24/13 at 10:30 AM is reset to 6/24/2013 02:00 PM in Courtroom 4D before Judge Irma E. Gonzalez.(no document attached) (tkl) |
| Filing 42 REPLY to Response to Motion re #37 MOTION to Dismiss Amended Complaint for Failure to State a Claim filed by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Notice Of Lodgment Combined With Request For Judicial Notice)(Chapin, James). (jah). |
| Filing 41 NOTICE of No Opposition to Defendants' Motion re #36 MOTION to Strike filed by City of San Diego, William Lansdowne. (Attachments: #1 Proof of Service)(Zlotnick, Kristin). Modified on 6/18/2013 - Wrong event. QC Email sent to Atty. Edited text (jah). |
| Filing 40 REPLY to Response to Motion re #35 MOTION to Dismiss for Failure to State a Claim filed by City of San Diego, William Lansdowne. (Attachments: #1 Proof of Service)(Zlotnick, Kristin). (jah). |
| Filing 39 RESPONSE in Opposition re #35 MOTION to Dismiss for Failure to State a Claim filed by American News and Information Services, Inc., Edward A. Peruta, James C. Playford. (Attachments: #1 Proof of Service)(Williams, Richard). Modified on 6/11/2013 - Has s/ of different atty. QC Email sent to Atty re ECF signature policy (jah). |
| Filing 38 RESPONSE in Opposition re #37 MOTION to Dismiss Amended Complaint for Failure to State a Claim filed by American News and Information Services, Inc., Edward A. Peruta, James C. Playford. (Attachments: #1 Proof of Service)(Williams, Richard). Modified on 6/11/2013 - Has s/ of different atty. QC Email sent to Atty re ECF signature policy (jah). |
| Filing 37 MOTION to Dismiss Amended Complaint for Failure to State a Claim by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Memo of Points and Authorities)(Chapin, James). (jah). |
| Filing 36 MOTION to Strike by City of San Diego, William Lansdowne. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Zlotnick, Kristin). (jah). |
| Filing 35 MOTION to Dismiss for Failure to State a Claim by City of San Diego, William Lansdowne. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Zlotnick, Kristin). (jah). |
| Filing 34 NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility, re #33 Amended Complaint, filed by American News and Information Services, Inc. (Do Not Refile the above document. No further actions required) (jah) |
| Filing 33 AMENDED COMPLAINT against All Defendants, filed by American News and Information Services, Inc.. (Attachments: #1 Proof of Service) (Williams, Richard). Modified on 4/16/2013 - Pdf is 12-point Times New Roman. Removed duplicate attachment description. Non-Compliance Notice prepared (jah). |
| Filing 32 NOTICE of Change of Address as to Attorney Rachel M. Baird by Richard A. Williams (Williams, Richard) (Main Document 32 replaced on 4/8/2013) (jah). Modified on 4/8/2013 - - Signed by different atty. No Proof of Service. Pdf was in format not flattened and could be altered. QC Emnail sent to Atty re: ECF signature policy, pdf formatting and to file Proof of Service. Rescanned and flattened pdf so it cannot be altered. Edited text (jah). |
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Filing 31
ORDER granting Defendants' #24 Motion to Dismiss for Failure to State a Claim and #25 Motion to Dismiss. Plaintiffs' claims are dismissed w/o prejudice. Plaintiffs are granted leave to file an amended complaint no later than 21 days after the date of this Order. Signed by Judge Irma E. Gonzalez on 3/25/2013. (jah) (cap).
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Filing 30
ORDER denying Plaintiffs' #27 Motion for Extension of Time to File Response/Reply and #28 Motion for Extension of Time to File Response/Reply. Court vacates the 11/13/2012 hearing and takes Defendants' #24 and #25 Motions to Dismiss under submission. Signed by Judge Irma E. Gonzalez on 11/6/2012. (All non-registered users served via U.S. Mail Service) (jah)
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| Filing 29 NOTICE OF APPEARANCE for Kristin Marie Zlotnick on behalf of William Lansdowne, San Diego Police Department (Attachments: #1 Proof of Service)(Zlotnick, Kristin). Modified on 11/7/2012 - Wrong event. QC Email sent to Atty. Corrected text (jah). |
| Filing 28 MOTION for Extension of Time to File Response/Reply by American News and Information Services, Inc.. (Attachments: #1 Proof of Service Proof of Service)(Williams, Richard) (jpp). |
| Filing 27 MOTION for Extension of Time to File Response/Reply by American News and Information Services, Inc.. (Williams, Richard) (QC Mailer Sent out re: duplicate filing) (sjt). |
| Filing 26 CERTIFICATE OF SERVICE re #25 MOTION to Dismiss Complaint by Defendants City of San Diego, William Lansdowne. (Williams, Robert). Modified on 10/11/2012 - Wrong event. QC Email sent to Atty. Corrected text (jah). |
| Filing 25 MOTION to Dismiss Complaint by City of San Diego, William Lansdowne. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Williams, Robert). Modified on 10/10/2012 - Proof of Service has s/ of staff. QC Email sent to Atty to file Corrected Proof of Service (jah). |
| Filing 24 MOTION to Dismiss for Failure to State a Claim by Jesse Allensworth, James Breneman, Jan Caldwell, Brendan Cook, County of San Diego, Bonnie Dumanis, William D. Gore, Michael Proctor, San Diego County Sheriffs Department, Thomas Seiver. (Attachments: #1 Memo of Points and Authorities, #2 Notice of Lodgment with Request for Judicial Notice)(Chapin, James). Modified on 10/2/2012 - Edited attachment description (jah). |
| Filing 23 PRO HAC VICE APPOINTED: Rachel M. Baird appearing for Plaintiffs American News and Information Services, Inc., Edward A. Peruta, James C. Playford (ag) Modified on 9/19/2012 to note that all non registered users were mailed a copy of this order (ag). |
| Filing 22 SUMMONS Returned Executed by American News and Information Services, Inc., County of San Diego. County of San Diego served. (Williams, Richard). (jah). |
| Filing 21 SUMMONS Returned Executed by American News and Information Services, Inc.. City of San Diego served. (Williams, Richard). (jah). |
| Filing 20 Declaration of Service by American News and Information Services, Inc.. (Williams, Richard). Modified on 9/20/2012 - Wrong pdf attached, not a Withdrawal of Document. Email sent to Atty. Edited text to match pleading (jah). |
| Filing 19 Declaration of Service by American News and Information Services, Inc.. (Williams, Richard). Modified on 9/20/2012 - Wrong pdf attached, not a Withdrawal of Document. Email sent to Atty. Edited to match pleading (jah). |
| Filing 18 AFFIDAVIT of Service for SUMMONS AND COMPLAINT served on COUNTY OF SAN DIEGO on 9/18/2012, filed by American News and Information Services, Inc.. (Williams, Richard). Modified on 9/19/2012 - Wrong event. QC Email sent to Atty to withdraw entry and refile as Executed Summons using correct event (jah). |
| Filing 17 AFFIDAVIT of Service for SUMMONS AND COMPLAINT served on CITY OF SAN DIEGO on 9/18/2012, filed by American News and Information Services, Inc.. (Williams, Richard). Modified on 9/19/2012 - Wrong event. QC Email sent to Atty to withdraw entry and refile as Executed Summons (jah). |
| Filing 16 SUMMONS Returned Executed by American News and Information, Inc. Edward A. Peruta, James C. Playford. Thomas Seiver served. (Williams, Richard). Modified on 9/18/2012 - Wrong filer selected. QC Email sent to Atty re filer. Corrected entry as to filers (jah). |
| Filing 15 NOTICE OF WITHDRAWAL OF DOCUMENT by American New and Information Services, Inc., James C. Playford, Edward A. Peruta. (Williams, Richard). Modified on 9/18/2012 - Wrong filer selected. Wrong event.Email sent to Atty to file Withdrawal of Document and refile Executed Summons as to William Lansdowne using correct events. Corrected entry as to filers (jah). |
| Filing 14 SUMMONS Returned Executed by William Lansdowne. William Lansdowne served. (Williams, Richard) (knb). |
| Filing 13 SUMMONS Returned Executed by Plaintiffs. Michael Proctor served. (Williams, Richard) Modified on 9/17/2012 to edit filers of doc and text(leh). |
| Filing 12 SUMMONS Returned Executed by Thomas Seiver. Thomas Seiver served. (Williams, Richard) qc email re wrong pdf attached on 9/17/2012 (rlu). |
| Filing 11 SUMMONS Returned Executed by William D. Gore. William D. Gore served. (Williams, Richard) (jao). |
| Filing 10 SUMMONS Returned Executed by Bonnie Dumanis. Bonnie Dumanis served. (Williams, Richard) (jao). |
| Filing 9 SUMMONS Returned Executed by Brendan Cook. Brendan Cook served. (Williams, Richard) (jao). |
| Filing 8 SUMMONS Returned Executed by Jan Caldwell. Jan Caldwell served. (Williams, Richard) (jao). |
| Filing 7 SUMMONS Returned Executed by Plaintiffs. Jan Caldwell served. (Williams, Richard) Modified on 9/18/2012 to edit text(rlu). |
| Filing 6 SUMMONS Returned Executed by plaintiffs. James Breneman served. (Williams, Richard) Modified on 9/17/2012 to edit text (kaj). |
| Filing 5 SUMMONS Returned Executed by plaintiffs. Jesse Allensworth served. (Williams, Richard) Modified on 9/17/2012 to edit text (rlu). |
| Filing 4 SUMMONS Returned Executed filed by James Breneman. James Brenneman served on 9/12/2012. (Williams, Richard) Modified on 9/17/2012 to edit text(leh). |
| Filing 3 AFFIDAVIT of Service for SUMMONS AND COMPLAINT served on JESSE ALLENSWORTH on 9/12/2012, filed by Jesse Allensworth. (Williams, Richard) (knb). |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg) (cap). |
| Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $350 receipt number 0974-5115157), filed by James C. Playford, Edward A. Peruta, American News and Information Services, Inc. (Attachments: #1 Civil Cover Sheet)The new case number is 3:12-cv-2186-IEG-KSC. Judge Irma E. Gonzalez and Magistrate Judge Karen S. Crawford are assigned to the case. (Richard Williams)(dlg) (cap). |
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