Kenney v. San Diego, City of et al
| John B. Kenney |
| San Diego, City of, Federal & Private Contractor Intelligence Community, Security Police-State Industrial Complex Conspirators, San Diego Police Dept (SDPD), Sanders, Lansdowne, Thompson, Lawrence, Stum, Does #1-200, Jan Goldsmith, San Diego Sheriff's Dept, Gore and Does 1-20,000, inclusive |
| 3:2013cv00248 |
| January 30, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| David H. Bartick |
| William Q. Hayes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
723
ORDER: The motion to re-tax, requesting review of the Order taxing costs, filed by Plaintiff John Kenney (ECF No. 706 ) is denied. Signed by Judge William Q. Hayes on 10/10/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Filing
700
ORDER: Federal Rule of Civil Procedure 60(b) does not provide procedural grounds for the relief sought by Plaintiff. Plaintiff's motion for a new bill of costs hearing under Federal Rule of Civil Procedure 60(b) is Denied. (ECF No. 698 ). Signed by Judge William Q. Hayes on 06/22/2018. (ajs)
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Filing
694
ORDER: Plaintiff's motions to alter or amend judgment or, in the alternative, for a new trial are Denied. (ECF Nos. 674 , 675 , 676 , 677 , 678 , 679 ). Signed by Judge William Q. Hayes on 05/31/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Filing
645
ORDER: Plaintiff's ex parte motion to stay is denied. (ECF No. 633 ). The Court retains jurisdiction over this matter. A trial is set on the remaining claims in this case against Defendants Lawrence and Koerber for 03/27/2018 at 9:00 a.m. in Courtroom 14B before Judge William Q. Hayes. Signed by Judge William Q. Hayes on 03/19/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Filing
629
ORDER: The motion for summary judgment filed by Defendants Koerber and Lawrence is Denied.(ECF No. 617 ). The motions for summary judgment filed by Plaintiff are Denied.(ECF No. 618 , 619 , 620 , 621 ). The motions for reconsideration filed by Plaintiff are Denied.(ECF No. 624 , 626 ). Signed by Judge William Q. Hayes on 03/06/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Filing
622
ORDER: The motion for summary judgment filed by the City of San Diego and the San Diego Police Department is Granted. (ECF No. 591 ). It is further Ordered that the parties shall resubmit proposed jury instructions, statement of the case, and verdict forms on or before 03/16/2018. Signed by Judge William Q. Hayes on 02/27/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Filing
499
ORDER: The motion for full or partial summary judgment (Dkt # 461 ) filed by Defendants Kevin Armentano, Steven Eraca, Matthew Koerber, David Mitchell, James Milano, Erick Valdez, Rodolphe Sainte-Agathe, and Craig Shumate is denied in part and grant ed in part. All other claims and parties are dismissed. The parties shall appear for a Pretrial Conference to set a trial date on 7/19/2017 at 02:00 PM in Courtroom 14B before Judge William Q. Hayes. Signed by Judge William Q. Hayes on 6/14/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
441
MINUTE ORDER: For the reasons stated on the record at the Oral Argument Hearing held on 9/8/2016 (Dkt # 438), the Court ruled on Plaintiff's ex parte motions to request a discovery schedule (Dkt # 401) and to compel discovery responses (Dkts # 4 00, 402, 410-21): Dkt # 400 - Granted; Dkt # 401 - Granted in that the Court held the requested Discovery Conference on 9/8/2016, and provided the discovery schedule; Dkt # 402 - Denied without prejudice; Dkt # 407 - Denied; Dkt # 410 - Duplicative o f Dkt # 402 (Denied without prejudice); Dkt # 411 - Denied without prejudice; Dkt # 412 - Denied without prejudice; Dkt # 413 - Denied without prejudice; Dkt # 414 - Denied without prejudice; Dkt # 415 - Denied without prejudice; Dkt # 416 - Denied w ithout prejudice; Dkt # 417 - Denied without prejudice; Dkt # 418 - Denied without prejudice; Dkt # 419 - Denied without prejudice; Dkt # 420 - Denied without prejudice; Dkt # 421 - Denied without prejudice. Magistrate Judge Jill L. Burkhardt on 9/19/2016. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
436
ORDER Denying Defendants' 399 Motion to Dismiss. Thirty (30) days from the date this Order is filed, Plaintiff shall complete service on Defendants Eraca, Mitchell, and Shumate and file proof of service. The Clerk of the Court shall mail Plaintiff a copy of this Order and a copy of ECF Nos. 385 and 388.. Signed by Judge William Q. Hayes on 8/24/16. (All non-registered users served via U.S. Mail Service)(ECF 385 and 388 mailed to Plaintiff. dlg)
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Filing
385
ORDER: The Court will allow substitution of Doe Defendants as requested in the motion to substitute (Dkt # 321 ) - Kevin Armentano, Steven Eraca, Matt Koerber, David Mitchell, James Milano, Rodolphe Sainte-Agathe, Craig Shumate, and Erick Valdez. Pl aintiff is granted 90 days from the date of this order to complete service pursuant the Rule 4 of the Federal Rules of Civil Procedure and to file proof of service in the record. The Clerk of the Court shall issue the proper summons forthwith. The mo tion for summary judgment (Dkt # 330 ) filed by Defendant Lawrence is denied in part and granted in part. The motion for summary judgment (Dkt # 331 ) filed by Defendant Thompson is granted. The motion for summary judgment (Dkt # 332 ) filed by De fendant Stum is granted. The motion for summary judgment (Dkt # 333 ) filed by Defendants City of San Diego and San Diego Police Department is denied in part and granted in part. Signed by Judge William Q. Hayes on 3/29/2016. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
351
ORDER: Plaintiff's Ex Parte Motion (Dkt # 340 ) is granted. Plaintiff's Ex Parte Motions (Dkt #s 341 , 343 ) are denied in part and granted in part. Plaintiff's response to Defendants' motions for summary judgment must be filed by 9/18/2015. Any reply must be filed by 10/9/2015. Plaintiff's Ex Parte Motions (Dkt #s 347 , 349 ) are denied as moot. Signed by Judge William Q. Hayes on 9/3/2015. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
344
ORDER: Plaintiff's Motion for Leave to Amend the First Amended Complaint (Dkt # 320 ) and Plaintiff's "Ex Parte Motion to Substitute 'Doe' Defendants & Motion for Clarification on Whether These Substitutions May Supersede & Replace His Motion To Amend The First Amended Complaint" (Dkt # 321 ) are denied. Signed by Judge William Q. Hayes on 8/25/2015. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
279
ORDER: The Motions for Reconsideration are denied. (Docs. 251 , 253 , 255 ). The Motion to Sever and Dismiss Moving Defendant and All Other Improperly Joined Defendants (Doc. 248 -5) is granted. All remaining Defendants, other than the City Defen dants, are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 21. The Motion to Declare Plaintiff a Vexatious Litigant is denied, and the Motion to Set Aside Default, Motions to Quash Service of Process, and Motions to Dismiss th e First Amended Complaint are denied as moot. (Docs. 190 , 191 , 195 , 200 , 231 , 239 , 245 , 248 , 248 -2, 248 -4, 248 -6, 259 , 263 ). Any further amendment the First Amended Complaint must be done by filing a motion for leave to amen d the First Amended Complaint, accompanied by a copy of the proposed amended pleading. This case is referred to the Magistrate Judge for early neutral evaluation conference and/or case management conference. Signed by Judge William Q. Hayes on 9/25/2014. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
230
ORDER striking proofs of service, ECF Nos. 37-41, 205-227, 42-75, 78, 80, 82 and 84. The Clerks' entries of default are set aside, ECF Nos. 150-163. The Motion to Set Aside Default as to the U.S. Security Associates, Inc. is denied as moot 182 183 . Plaintiff's Ex Parte motion for Clarification 201 is granted in part and denied in part. The Clerk of Court shall mail plaintiff a copy of the Summons issued on the First Amended Complaint. Plaintiff is granted an extension of time of 1 20 days from the date this Order is filed to serve all unserved Defendants named in the First Amended Complaint. No later than 120 days from the date this Order is filed, Plaintiff shall file proof that service of the operative Summons and First Amen ded Complaint was effectuated upon all currently unserved Defendants. If Plaintiff fails to comply with this Order, the Court will dismiss any unserved Defendant(s) without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Signed by Judge William Q. Hayes on 7/2/14. (kas)(copy of summons mailed to plaintiff)
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Filing
228
ORDER. Plaintiff's Motion for Reconsideration 85 is denied, and plaintiff's motion to file exhibits in support of the Motion for Reconsideration 97 is granted. Plaintiff's motions to supplement the First Amended Complaint are grant ed 103 , 104 , 109 . Any further amendment or supplement to the operative pleading must be done by filing a motion for leave to amend the First Amended Complaint, accompanied by a copy of the proposed amended pleading, which shall be entitled " Second Amended Complaint." The Motions to Dismiss 93 , 107 , 110 , 119 , 120 filed by Jacobus, Pettus, Foshag, the City Defendants, and the Federal Defendants are granted. All claims dismissed by this Order are dismissed without prejudice. The default against Pettus 128 is set aside. Signed by Judge William Q. Hayes on 6/30/14. (All non-registered users served via U.S. Mail Service)(kas)
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Filing
33
ORDER: The Motion to Dismiss filed by the City Defendants is granted as follows: the ninth cause of action, the tenth cause of action, and the eleventh cause of action are dismissed as to all City Defendants; to the extent they assert claims against the City Defendants based on the October 14, 2011, November 2, 2011, and December 9-10, 2011 incidents, all state law causes of action are dismissed; the first cause of action against the City and the SDPD is dismissed; all causes of action against S anders, Lansdowne and Goldsmith are dismissed; and the fourth (assault) and fifth (battery) causes of action against Thompson, Lawrence and Stum are dismissed. (Doc. 26 ). The following allegations are stricken from the First Amended Complaint pursu ant to Federal Rule of Civil Procedure 12(f): page 2, line 26 through page 5, line 28; page 32, line 21 through page 33, line 12; page 46, lines 22 through 28; and page 53, lines 4 through 11. The motion to strike the request for punitive damages aga inst the City and the SDPD is granted. The motion for more definite statement pursuant to Federal Rule of Civil Procedure 12(e) is denied. All remaining City Defendants shall file an Answer to the First Amended Complaint no later than fourteen (14) d ays from the date this Order is filed. The Motion to Dismiss filed by the Sheriff's Department is granted. (Doc. 27 ). All claims against the Sheriff's Department and Sheriff William Gore are dismissed. Plaintiff's request for sanctions against the City Defendants and the Sheriff's Department is denied. Signed by Judge William Q. Hayes on 1/28/2014. (Pro se plaintiff was electronically served.) (mdc)
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