Williams v. Department of Fair Employment and Housing (DFEH) et al
Kelton Williams |
Department of Fair Employment and Housing (DFEH), Phyllis W. Cheng, Olophius E. Perry, Lottie Woodruff, Mary Bonilla, Timothy Muscat, Elizabeth Ramirez, Cathy Ray, Monica Rea, Mark Albert, Claudia Quintanilla, Karrie Maeda, Alex Durbin, American Specialty Health Group a California Corporation doing business as American Specialty Health Networks, Inc. and United States of America |
3:2013cv00038 |
January 8, 2013 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Michael M Anello |
Barbara Lynn Major |
Civil Rights: Other |
42 U.S.C. § 1983 cv |
Plaintiff |
Docket Report
This docket was last retrieved on November 4, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 123 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Defendant ASH is the sole remaining Defendant. Because the arbitration award disposes of all remaining claims against Defendant ASH, the Court Dismisses the complaint in that action.(vam)(jrd) |
Filing 122 ORDER Granting Defendant American Specialty Health Inc.'s Unopposed Motion to Confirm Arbitration Award and to Dismiss Complaint #118 . The Clerk of Court is instructed to terminate the above-captioned case. Signed by Judge Michael M. Anello on 11/4/2014. (vam)(jrd) |
Filing 121 CERTIFICATE OF SERVICE by Kelton Williams re #120 Notice (Other) Statement of Non-Opposition (Williams, Kelton) (vam). |
Filing 120 NOTICE by Kelton Williams re #118 MOTION to Confirm Arbitration and Dismiss Complaint Statement of Non-Opposition (Williams, Kelton) Modified on 10/29/2014-QC mailer sent re missing POS (vam). |
Filing 119 NOTICE of Appearance by J Rod Betts on behalf of American Specialty Health Group (Attachments: #1 Proof of Service)(Betts, J) (vam). |
Filing 118 MOTION to Confirm Arbitration and Dismiss Complaint by American Specialty Health Group. (Attachments: #1 Proof of Service)(Betts, J)Attorney J Rod Betts added to party American Specialty Health Group(pty:dft) Modified on 10/14/2014-Attorney QC sent for atty to file notice of appearance (vam). Modified on 11/4/2014 (vam). |
Filing 117 STATUS REPORT REGARDING ARBITRATION by American Specialty Health Group. (Attachments: #1 Proof of Service)(Betts, J) (vam). |
Filing 116 Minute Order Requiring Status Update. Counsel for Defendant American Specialty Health Group shall provide the Court with a letter report regarding the status of the arbitration on or before June 13, 2014. IT IS SO ORDERED by Judge Michael M. Anello on 6/5/2014. (no document attached) (kfg) |
Filing 115 ORDER Regarding DFEH Defendants' Motion to Dismiss #107 . The Court Grants in Part and Denies in Part the DFEH Defendants motion to dismiss for insufficient services of process; and Grants the motion to dismiss for failure to state a claim as to Defendants Cheng and Bonilla. Defendants Mark Albert, Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, and Lottie Woodruff are Dismissed from this action without prejudice for insufficient service of process. Plaintiff's claims against Defendants Cheng and Bonilla are Dismissed for failure to state a claim and without leave to amend. Signed by Judge Michael M. Anello on 6/4/2014. (vam) |
Filing 114 Minute Order Taking Motion Under Submission: Defendants' #107 MOTION to Dismiss is currently set for hearing on May 12, 2014. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, the May 12, 2014 hearing is VACATED; no appearances are required. SO ORDERED by Judge Michael M. Anello on 5/6/2014. (All non-registered users served via U.S. Mail Service)(no document attached) (cmm) |
Filing 113 REPLY to Response to Motion re #107 MOTION to Dismiss for Failure to State a Claim in Re-Served Second Amended Complaint filed by Mark Albert, Mary Bonilla, Phyllis W. Cheng, Department of Fair Employment and Housing (DFEH), Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff. (Attachments: #1 Proof of Service)(Cleesattle, Jodi) (vam). |
Filing 112 RESPONSE in Opposition re #107 MOTION to Dismiss for Failure to State a Claim , by DFEH Defednants (Re-Served SAC) filed by Kelton Williams. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit, #5 Exhibit)(Williams, Kelton)(vam). |
Filing 111 MANDATE of USCA dismissing the appeal for lack of jurisdiction as to #100 Notice of Appeal to 9th Circuit, filed by Kelton Williams. (akr) |
Filing 110 ORDER Granting #108 Plaintiff's Ex Parte Motion for Extension of Time to File An Opposition to #107 MOTION to Dismiss for Failure to State a Claim . Responses due by 4/28/2014. Replies due by 5/5/2014. Motion Hearing reset for 5/12/2014 02:30 PM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 4/7/2014. (kcm)(jrd) |
Filing 109 RESPONSE in Opposition re #108 Ex Parte MOTION for Extension of Time to File Response re #107 MOTION to Dismiss for Failure to State a Claim (SAC) by the DFEH Defendants filed by Mark Albert, Mary Bonilla, Phyllis W. Cheng, Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff. (Attachments: #1 Declaration, #2 Proof of Service)(Cleesattle, Jodi) (vam). |
Filing 108 Ex Parte MOTION for Extension of Time to File Response re #107 MOTION to Dismiss for Failure to State a Claim (SAC) by the DFEH Defendants by Kelton Williams. (Attachments: #1 Declaration, #2 Proof of Service)(Williams, Kelton) (kcm). Modified Event to Response instead of Answer (kcm). |
Filing 107 MOTION to Dismiss for Failure to State a Claim by Mark Albert, Mary Bonilla, Phyllis W. Cheng, Department of Fair Employment and Housing (DFEH), Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Griselda Ballesteros, #3 Proof of Service)(Cleesattle, Jodi) (vam). |
Filing 106 Summons Returned Unexecuted by Kelton Williams as to Lottie Woodruff. (Attachments: #1 Exhibit)(Williams, Kelton) (vam). |
Filing 105 SUMMONS Returned Executed by Kelton Williams. Phyllis W. Cheng served. (Attachments: #1 Proof of Service, #2 Proof of Service, #3 Proof of Service, #4 Proof of Service, #5 Proof of Service, #6 Proof of Service)(Williams, Kelton) (vam). |
Filing 104 CERTIFICATE OF SERVICE by Kelton Williams re #58 Amended Complaint, Second Amended Complaint, Summons as to Defendants Cheng, Rea, & Bonilla, SUMMONS Returned Executed by Kelton Williams. Phyllis W. Cheng served. (Attachments: #1 Proof of Service, #2 Proof of Service, #3 Proof of Service, #4 Proof of Service, #5 Proof of Service, #6 Proof of Service, #7 Proof of Service)(Williams, Kelton) (vam). |
Filing 103 ORDER of USCA as to #100 Notice of Appeal to 9th Circuit, filed by Kelton Williams. A review of the record demonstrates that the USCA lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. Consequently, this appeal is dismissed for lack of jurisdiction. All pending motions are denied as moot. Dismissed. (akr) |
Filing 102 USCA Time Schedule Order as to #100 Notice of Appeal to 9th Circuit, filed by Kelton Williams. (akr) |
Filing 101 USCA Case Number 14-55153 for #100 Notice of Appeal to 9th Circuit, filed by Kelton Williams. (akr) |
Filing 100 NOTICE OF APPEAL to the 9th Circuit as to #98 Order Granting Defendants' Motion to Dismiss for Failure to State a Claim, by Kelton Williams. IFP Status. (Document originally e-filed at document #99 on 1/23/2014. Document has been re-docketed by the USDC Clerk using the "Notice of Appeal" event. Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
Filing 99 DOCUMENT RE-DOCKETED AT DOCUMENT #100 BY THE USDC CLERK: NOTICE by Kelton Williams re #98 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, Notice of Civil Appeal, as to Defendants Olophius E. Perry, Karrie Maeda, United States. (Attachments: #1 Proof of Service)(Williams, Kelton). Modified on 1/24/2014 to note that this document has been re-docketed at document #100 by the USDC Clerk as a "Notice of Appeal." File date of the "Notice of Appeal" is 1/23/2014. (akr). |
Filing 98 ORDER Granting Defendants' Motion to Dismiss for Failure to State a Claim #90 . This Order disposes of all claims against Defendants Maeda, Perry and United States. Accordingly, the Clerk of Court is instructed to terminate Defendants Maeda, Perry and United States as parties to this action. All claims against Defendant ASH are stayed pending arbitration. Plaintiff must effect service of process on the DFEH Employees in their individual capacities no later than February 28, 2014 or risk dismissal of his claims against the DFEH Employees. Signed by Judge Michael M. Anello on 1/21/2014. (vam) |
Filing 97 Minute Order Taking Matter Under Submission. Defendants' #90 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Jurisdiction are currently set for hearing before the Court on January 21, 2014. The Court finds these matters suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, the January 21, 2014 hearing is VACATED; no appearances are required. IT IS SO ORDERED by Judge Michael M. Anello on January 15, 2014. (no document attached) (kfg) |
Filing 96 REPLY to Response to Motion re #90 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Karrie Maeda, Olophius E. Perry, United States of America. (Attachments: #1 Proof of Service)(Gardner, Leslie) (vam). |
Filing 95 NOTICE by Kelton Williams re #93 Response in Opposition to Motion, Letter to Hon. Michael Anello & Counsel for All Defendants (Williams, Kelton) (vam). |
Filing 94 ORDER Substituing United States of America as Defendant in Place of Defendants Maeda and Perry as the Plaintiff's State Law Claims Only #89 . The Court Substitutes the United States of America as the named defendant in place of Defendants Karrie Maeda and Olophius Perry as to the state law claims only. However, pursuant to 28 U.S.C. 2679(b)(2), Defendants Maeda and Perry remain named defendants with respect to Plaintiff's constitutional, RICO, and civil rights claims. Signed by Judge Michael M. Anello on 1/10/2014.(vam) |
Filing 93 RESPONSE in Opposition re #90 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Olophius Perry, Karrie Maeda, & the United States filed by Kelton Williams. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Williams, Kelton) (vam). |
Filing 92 ORDER Granting Plaintiff's Ex Parte Motion to Extend Time for Service of Process #91 . Plaintiff must effect service of process on the DFEH Employees in their individual capacities in compliance with Federal Rule of Civil Procedure 4 no later than 2/28/2014 or risk dismissal under Rule 4(m). Signed by Judge Michael M. Anello on 1/2/2014. (vam) |
Filing 91 Ex Parte MOTION Extension of Time (Service of Process) re #58 Amended Complaint, DFEH Defendants by Kelton Williams. (Attachments: #1 Declaration, #2 Proof of Service)(Williams, Kelton) (vam). |
Filing 90 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Karrie Maeda, Olophius E. Perry. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit, #3 Proof of Service)(Gardner, Leslie) |
Filing 89 NOTICE by Karrie Maeda, Olophius E. Perry re #88 Notice (Other) of Substitution of United States for Defendants Maeda and Perry with respect to state law claims (Attachments: #1 Proof of Service)(Gardner, Leslie) |
Filing 88 NOTICE by Karrie Maeda, Olophius E. Perry of Certification of Scope of Employment (Attachments: #1 Proof of Service)(Gardner, Leslie) |
Filing 87 ORDER Regarding Defendants' Motion to Dismiss for Insufficient Service of Process #73 . The Court Grants in Part and Denies in Part the motion to dismiss for insufficient service of process and Quashes service of process on the DFEH employees. The Court also Dismisses the Title VI claim against Defendant Cheng in her individual capacity with prejudice. Signed by Judge Michael M. Anello on 12/17/2013. (vam) |
Filing 86 ORDER Granting #84 Ex Parte Motion for an Order Extending Time to Respond. Defendant Maeda shall file a response to the Second Amended Complaint no later than December 20, 2013. Signed by Judge Michael M. Anello on 11/27/2013. (rlu)(jrd) |
Filing 85 DECLARATION re #84 Ex Parte MOTION for Extension of Time to File Response to Plaintiff's second amended complaint by Defendant Karrie Maeda. (Attachments: #1 Proof of Service)(Gardner, Leslie) (vam). |
Filing 84 Ex Parte MOTION for Extension of Time to File Response to Plaintiff's second amended complaint by Karrie Maeda. (Attachments: #1 Proof of Service)(Gardner, Leslie) (vam). |
Filing 83 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Cathy Ray served. (vam) |
Filing 82 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Claudia Quintanilla served. (vam) |
Filing 81 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Mary Bonilla served. (vam) |
Filing 80 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Elizabeth Ramirez served. (vam) |
Filing 79 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Karrie Maeda served. (vam) |
Filing 78 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Olophius E. Perry served. (vam) |
Filing 77 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Lottie Woodruff served. (vam) |
Filing 76 Minute Order Taking Matter Under Submission: Defendants' #73 MOTION to Dismiss for Failure to State a Claim is currently set for hearing before the Court on December 2, 2013. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, the December 2, 2013 hearing is VACATED; no appearances are required. IT IS SO ORDERED by Judge Michael M. Anello on November 26, 2013. (no document attached) (kfg) |
Filing 75 REPLY to Response to Motion re #73 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint filed by Mark Albert, Mary Bonilla, Phyllis W. Cheng, Department of Fair Employment and Housing (DFEH), Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff. (Attachments: #1 Proof of Service)(Cleesattle, Jodi) (vam). |
Filing 74 RESPONSE in Opposition re #73 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint ,As To The DFEH Defendants, filed by Kelton Williams. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Williams, Kelton) (vam). |
Filing 73 MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Mark Albert, Mary Bonilla, Phyllis W. Cheng, Department of Fair Employment and Housing (DFEH), Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Cleesattle, Jodi) (vam). |
Filing 72 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Mark Albert served. (vam) |
Filing 71 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Timothy Muscat served. (vam) |
Filing 70 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Monica Rea served. (vam) |
Filing 69 Second Amended Complaint SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Amended Complaint) by Kelton Williams. Phyllis W. Cheng served. (vam) |
Filing 68 ORDER denying without prejudice #67 Motion for Disclosure of Grand Jury Testimony, Grand Jury Documents, Grand Jury Colloquy, and FBI Investigative Records to Rule as Premature. Plaintiff may re-file his motion once Defendants have filed their answer and the Court has opened discovery. Signed by Magistrate Judge Barbara Lynn Major on 10/1/2013. (yeb) |
Filing 67 MOTION for Disclosure Grand Jury Testimony, Documents, Colloquy, FBI records by Kelton Williams. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Williams, Kelton) (aef). |
Filing 66 ORDER Granting Joint Motion to Stay Pending Arbitration All Claims Against Defendant American Speciality Health, Inc. #65 . The Court Stays pending arbitration all claims asserted against Defendant American Specialty Health, Inc. in the Second Amended Complaint. Signed by Judge Michael M. Anello on 9/24/2013. (vam)(jrd) |
Filing 65 Joint MOTION to Stay All Claims Against American Specialty Health, Inc. Pending Arbitration by American Specialty Health Group. (Theobald, Tyler) (vam). |
Filing 64 MINUTE ORDER OF RECUSAL. Judge Irma E. Gonzalez is no longer assigned. Case reassigned to Judge Michael M. Anello for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 13CV0038-MMA(BLM).(All non-registered users served via U.S. Mail Service)(no document attached) (nsp) |
Filing 63 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. (Attachments: #1 IFP Letter) (Summons were mailed to Plaintiff with IFP Package) (jah) |
Filing 62 ORDER Directing U.S. Marshal to Effect Service of Second Amended Complaint Pursuant to F.R.Cv.P. 4(c)(3) and U.S.C. 1915(d): Granting Plaintiff's #59 Ex Parte Motion for US Marshals to Effect Service of Second Amended Complaint. Clerk is directed to issue a summons. USMS shall serve Second Amended Complaint and summons upon Dfts. Dfts shall respond to the Second Amended Complaint within time providied by the applicable provisions of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Barbara Lynn Major on 9/17/2013. (IFP Package prepared and mailed to Plaintiff)(jah)(jrd) |
Filing 61 CERTIFICATE OF SERVICE re #59 Ex Parte Motion by Kelton Williams (Williams, Kelton). Modified on 9/17/2013 - Added link to Motion served. Edited text (jah). |
Filing 60 CERTIFICATE OF SERVICE by Kelton Williams re #58 Second Amended Complaint, (Williams, Kelton). Modified on 9/17/2013 - Removed duplicate text (jah). |
Filing 59 Ex Parte MOTION Request for US Marshals to Effect Service of Second Amended Complaint re #58 Amended Complaint, by Kelton Williams. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Williams, Kelton). (jah). |
Filing 58 SECOND AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Kelton Williams. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proof of Service) New Summons Requested. (Williams, Kelton). Modified on 9/17/2013 - Remove duplicate text (jah). |
Filing 57 ORDER Denying Plaintiff's #56 Ex Parte Motion For Service of Second Amended Complaint by U.S. Marshals As Premature. Plaintiff's motion is denied as premature. Once Plaintiff files the Second Amended Complaint, he may re-file his motion for Court's consideration. Signed by Magistrate Judge Barbara Lynn Major on 9/9/2013.(jah)(jrd) |
Filing 56 Ex Parte MOTION for Service of Process of Second Amended Complaint by U.S. Marshals by Kelton Williams (Attachments: #1 Proof of Service)(Williams, Kelton). Modified on 9/9/2013 - Wrong event, should be Motion. QC Email sent to Filer re ECF Manual Section 2.g. Ok per Chambers to change to motion (jah). |
Filing 55 ORDER: Granting #44 Motion to Dismiss; Granting #51 Motion to Dismiss for Failure to State a Claim; and Granting Leave to Amend. It is hereby ordered that Plaintiff's claims against Defendants in their individual capacities are dismissed without prejudice. Plaintiff's RICO, 1981, 1983, 1985, and 1986, and supplemental state law claims against the EEOC and DFEH Defendants in their official capacities are Dismissed with Prejudice. Plaintiff's Title VI claims against Defendants DFEH and Cheng in her official capacity are Dismissed without Prejudice. Plaintiff is granted leave to file by 9/30/2013 a Second Amended Complaint as to only the claims dismissed without prejudice. Signed by Judge Irma E. Gonzalez on 8/21/2013. (leh) |
Filing 54 ORDER Judge Irma E. Gonzalez, Motions Submitted #51 MOTION to Dismiss for Failure to State a Claim and Insufficient Service of Process and the Court will prepare a written order. Motion Hearing scheduled for 7/30/13 is vacated.(no document attached) (tkl) |
Filing 53 REPLY to Response to Motion re #51 MOTION to Dismiss for Failure to State a Claim and Insufficient Service of Process filed by Karrie Maeda, Olophius E. Perry. (Attachments: #1 Proof of Service)(Gardner, Leslie). (jah). |
Filing 52 RESPONSE in Opposition re #51 MOTION to Dismiss for Failure to State a Claim and Insufficient Service of Process filed by Kelton Williams. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit)(Williams, Kelton). Modified on 7/15/2013 - Removed duplicate text (jah). |
Filing 51 MOTION to Dismiss for Failure to State a Claim and Insufficient Service of Process by Karrie Maeda, Olophius E. Perry. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Gardner, Leslie). (jah). |
Filing 50 ORDER Judge Irma E. Gonzalez, Motions Submitted #44 MOTION to Dismiss First Amended Complaint and the Court will prepare a written order. Motion Hearing scheduled for 6/10/13 is vacated.(no document attached) (tkl) |
Filing 49 REPLY to Response to Motion re #44 MOTION to Dismiss First Amended Complaint filed by Mark Albert, Mary Bonilla, Phyllis W. Cheng, Department of Fair Employment and Housing (DFEH), Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff. (Attachments: #1 Proof of Service)(Cleesattle, Jodi). (jah). |
Filing 48 SUMMONS Returned Executed by Kelton Williams. All Defendants served. (Attachments: #1 Proof of Service)(Williams, Kelton). (jah). |
Filing 47 ORDER Denying Without Prejudice Plaintiff's #45 Motion for Assignment of Counsel. Signed by Magistrate Judge Barbara Lynn Major on 4/30/2013. (Plaintiff served electronically via ECF)(jah)(jrd) |
Filing 46 RESPONSE in Opposition re #44 MOTION to Dismiss First Amended Complaint filed by Kelton Williams. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Exhibit, #5 Exhibit)(Williams, Kelton). Modified on 4/30/2013 - Edited to remove duplicative text (jah). |
Filing 45 MOTION to Appoint Counsel by Kelton Williams (Attachments: #1 Exhibit, #2 Proof of Service)(Williams, Kelton). Modified on 4/19/2013 - Wrong event, should be Motion. Extra text added in all caps. QC Email sent to Filer. Changed to Motion and corrected text (jah). |
Filing 44 MOTION to Dismiss First Amended Complaint by Mark Albert, Mary Bonilla, Phyllis W. Cheng, Department of Fair Employment and Housing (DFEH), Timothy Muscat, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff. (Attachments: #1 Memorandum in Support)(Cleesattle, Jodi). Modified on 4/18/2013 - Edited text and attachment descrription (jah). |
Filing 43 ORDER denying as moot Defendants' #32 Motion to Dismiss for Failure to State a Claim and #32 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Irma E. Gonzalez on 4/16/2013. (Plaintiff served electronically via ECF) (jah) |
Filing 42 SUMMONS Returned Executed by Kelton Williams. Karrie Maeda, Olophius E. Perry served. (Attachments: #1 Proof of Service)(Williams, Kelton). (jah). |
Filing 41 ORDER Granting American Specialty Health Group's #19 Motion to Compel Arbitration. Pla's claims against American Specialty are stayed pending arbitration of those claims in accordance w/ the terms of the arbitration agreement. Counsel for American Specialty shall provide Court with a letter report regarding status of the arbitration by 8/5/2013. Pla's claims against Dept. of Fair Employment and Housing and the individual defendants remain active. Signed by Judge Irma E. Gonzalez on 4/15/2013.(Copy of Order served upon Plaintiff electronically via ECF)(jah)(jrd) |
Filing 40 ORDER Judge Irma E. Gonzalez, Motions Submitted #19 MOTION to Compel Arbitration, and the Court will prepare a written order. Motion Hearing scheduled for 4/15/13 is vacated.(All non-registered users served via U.S. Mail Service)(no document attached) (tkl) |
Filing 39 NOTICE re: Rico Case Statement by Kelton Williams re #33 Amended Complaint, (Attachments: #1 Proof of Service)(Williams, Kelton). Modified on 4/5/2013 - Extra text added in all caps. Edited to remove extra caps (jah). |
Filing 38 NOTICE OF WITHDRAWAL OF DOCUMENT re #37 Amended Complaint, filed by Kelton Williams. (Attachments: #1 Proof of Service)(Williams, Kelton). Modified on 4/5/2013 - Edited to remove extra text (jah). |
Filing 37 WITHDRAWN BY FILER ON 4/5/2013 PER NOTICE OF WITHDRAWAL OF DOCUMENT - AMENDED COMPLAINT with Jury Demand RICO CASE STATEMENT against All Defendants, filed by Kelton Williams. (Attachments: #1 Proof of Service) New Summons Requested. (Williams, Kelton). Modified on 4/5/2013 - Wrong event, not a Amended Complaint. QC Email sent to Pro Se filer to withdraw entry and refile with correct event. No summons issued, not an Amended Complaint (jah). Modified on 4/5/2013 - Edited to reflect as withdrawn (jah). |
Filing 36 Notice of Document Discrepancies and Order Thereon by the Chambers of Judge Irma E. Gonzalez: Rejecting Document, from Plaintiff Kelton Williams, re #34 Amended Complaint. Non-compliance with local rule(s), ECF 2(a),(g): Docket entry does not accurately reflect the document filed, OTHER: Attached Pdf is titled as "Order re: RICO Case Statement". Orders are only permitted to be signed and filed by the Judge. 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. (jah) |
Filing 35 Summons on First Amended Complaint 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. (jah) |
Filing 34 ORDERED STRICKEN PER 4/3/2013 DISCREPANCY ORDER #36 - AMENDED COMPLAINT filed by Kelton Williams (Williams, Kelton). Modified on 4/3/2013 - Pdf is Order re RICO Case Statement prepared by Plaintiff. Wrong event. Proposed ECF Discrepancy prepared and forwarded to Chambers (jah). Modified on 4/3/2013 - Ordered stricken. Images removed and text edited (jah). (Main Document 34 replaced on 4/3/2013) (jah). |
Filing 33 FIRST AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Kelton Williams. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proof of Service) New Summons Requested. (Williams, Kelton). Modified on 4/3/2013 - Additional added in all caps. Added "First" to text and removed extra text. Summons prepared (jah). |
Filing 32 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Alex Durbin, Karrie Maeda, Olophius E. Perry. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Gardner, Leslie). (jah). |
Filing 31 REPLY to Response to Motion #19 MOTION to Compel Arbitration filed by American Specialty Health Group. (Attachments: #1 Proof of Service)(Theobald, Tyler). Modified on 3/18/2013 - Wrong event. QC Email sent to Atty. Corrected text (jah). |
Filing 30 ORDER Continuing Hearing re: #19 MOTION to Compel Arbitration. Hearing on Dfts' Motion to Compel Arbitration is continued to 4/15/2013 10:30 AM in Courtroom 4D before Judge Irma E. Gonzalez. The briefing schedule remains unchanged. Signed by Judge Irma E. Gonzalez on 3/15/2013. (All non-registered users served via U.S. Mail Service) (jah) |
Filing 29 ORDER Granting Plaintiff's #27 Motion for Leave to File Electronically. Signed by Judge Irma E. Gonzalez on 3/15/2013.(cc: Aty Adm)(All non-registered users served via U.S. Mail Service)(jah)(jrd) |
Filing 28 NOTICE of Subsitution of Counsel by Department of Fair Employment and Housing (DFEH) (Cleesattle, Jodi). (jah). |
Filing 27 MOTION to Allow Electronic Filing by a Party without an Attorney and Supporting Information by Kelton Williams. (knb) |
Filing 26 RESPONSE in Opposition re #19 MOTION to Compel Arbitration filed by Kelton Williams. (knb) |
Filing 25 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Irma E. Gonzalez and Magistrate Judge Barbara Lynn Major for all further proceedings. Judge William Q. Hayes and Magistrate Judge William McCurine, Jr are no longer assigned to this case. Create association to 3:12-cv-03072-IEG-BLM. The new case number is 13CV0038-IEG-BLM. Signed by Judge Irma E. Gonzalez on 2/22/2013. Signed by Judge William Q. Hayes on 2/26/2013. (aef) |
Filing 24 Summons Returned Unexecuted by Kelton Williams as to Alex Durbin. (jao) |
Filing 23 Plaintiff's Statement of NON Opposition re #17 Ex Parte MOTION (Application) for Extension of Time to File Response/Reply filed by Kelton Williams. (jao) |
Filing 22 Plaintiff's Opposition to Notice of Related Cases; Memorandum of Points and Authorities; Declaration of Kelton M. Williams re #20 Notice of Related Case, filed by Kelton Williams. Nunc Pro Tunc 2/20/2013. (jao) |
Filing 21 Notice of Document Discrepancies by Judge William Q. Hayes Accepting Document: Opposition to Notice of Related Cases from Kelton Williams. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by the chambers of Judge William Q. Hayes on 2/21/2013.(All non-registered users served via U.S. Mail Service)(jao). |
Filing 20 NOTICE OF RELATED CASE(S) by American Specialty Health Group of case(s) 12-3072. (Attachments: #1 Proof of Service)(Theobald, Tyler) Modified on 2/19/2013 - Proposed Low Number Order was prepared by JPP; lower-numbered case: 12cv3072-IEG-BLM. (mdc) |
Filing 19 MOTION to Compel Arbitration by American Specialty Health Group. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Tyler Theobald, #3 Exhibit C, #4 Declaration Kristin Hovey, #5 Exhibit A, #6 Declaration of Tyler Theobald, #7 Exhibit B, #8 Proof of Service)(Theobald, Tyler) (mdc). Modified on 3/18/2013 - Edited text (jah). |
Filing 18 MINUTE ORDER: The Ex Parte Motion for Extension of Time for Defendant Department of Fair Employment and Housing to Respond to Plaintiffs Complaint #17 is GRANTED. Defendant Department of Fair Employment and Housing and the named Defendants who are employees and former employees of the Department of Fair Employment and Housing shall respond to Plaintiffs Complaint on or before April 8, 2013. Judge William Q. Hayes on 2/15/2013. (All non-registered users served via U.S. Mail Service)(no document attached) (smr) |
Filing 17 Ex Parte MOTION (Application) for Extension of Time to File Response/Reply by Department of Fair Employment and Housing (DFEH). (Attachments: #1 Declaration)(Drcar, Theodore) Modified on 2/14/2013 - Added "Application" to text/motion text. (mdc) |
Filing 16 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Timothy Muscat served. (mdc) Modified on 2/11/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 15 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Mark Albert served. (mdc) Modified on 2/11/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 14 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Phyllis W. Cheng served. (mdc) Modified on 2/11/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 13 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Monica Rea served. (mdc) Modified on 2/11/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 12 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Department of Fair Employment and Housing (DFEH) served. (mdc) Modified on 2/11/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 11 CERTIFICATE OF SERVICE (Form USM-285; Type of Process: Summons & Complaint) re Deft Olophius E. Perry, by Kelton Williams. (Certified, Return Receipt - U.S. Atty Gen, Washington, DC) (mdc) Modified on 2/8/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 10 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Olophius E. Perry served (USAO, San Diego). (mdc) Modified on 2/8/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 9 CERTIFICATE OF SERVICE (Form USM-285; Type of Process: Summons & Complaint) re Deft Karrie Maeda, by Kelton Williams. (Certified, Return Receipt - U.S. Atty Gen, Washington, DC) (mdc) Modified on 2/8/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 8 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Karrie Maeda served (USAO, San Diego). (mdc) Modified on 2/8/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 7 CERTIFICATE OF SERVICE (Form USM-285; Type of Process: Summons & Complaint) re Deft Alex Durbin, by Kelton Williams. (Certified, Return Receipt - U.S. Atty Gen, Washington, DC) (mdc) Modified on 2/8/2013 - A copy was not mailed to the pro se plaintiff. (mdc) |
Filing 6 SUMMONS Returned Executed (Form USM-285; Type of Process: Summons & Complaint) by Kelton Williams. Alex Durbin served (USAO, San Diego). (mdc) Modified on 2/8/2013 - A copy was not mailed to the pro se plaintiff. (mdc) Modified on 2/8/2013 to edit text. (mdc) |
Filing 5 SUMMONS Returned Executed by Kelton Williams. American Specialty Health Group served. (Individual served: Jim Vigneau, Vice President.) (mdc) Modified on 2/1/2013 - A copy was not mailed to pro se plaintiff. (mdc) |
Filing 4 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. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: #1 IFP Letter)(aef) |
Filing 3 ORDER. It is hereby ordered that the Motion to Proceed IFP (ECF No. 2) is granted. US Marshal shall effect service of complaint. Signed by Judge William Q. Hayes on 1/17/2013. (All non-registered users served via U.S. Mail Service)(IFP Package mailed to Plaintiff)(aef)(jrd) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Kelton Williams. (dls) |
Filing 1 COMPLAINT with Jury Demand against Mark Albert, American Specialty Health Group, Mary Bonilla, Phyllis W. Cheng, Department of Fair Employment and Housing (DFEH), Alex Durbin, Karrie Maeda, Timothy Muscat, Olophius E. Perry, Claudia Quintanilla, Elizabeth Ramirez, Cathy Ray, Monica Rea, Lottie Woodruff, IFP Filed, filed by Kelton Williams. (Attachments: #1 Civil Case Cover Sheet).The new case number is 3:13-cv-38-WQH-WMC. Judge William Q. Hayes and Magistrate Judge William McCurine, Jr. are assigned to the case. (Williams, Kelton)(dls) (Main Document 1 replaced on 1/23/2013 to correct image) (dls). |
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