Caraccioli v. Burnett et al.

Plaintiff: Franco Caraccioli
Defendant: DOES 1-10, Jonathan Junker, San Diego Police Dept., Edwin Garrette, Jeffrey Swett, Samuel Cote, Rebecca Klink, James Burnett, Justin Featherly, Thomas McGrath, Jon Goebel, John Horvath, Joel Mendoza and K-9 Officers 1-2
Case Number: 3:2017cv00981
Filed: May 10, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Bernardino
Presiding Judge: William V Gallo
Referring Judge: Dana M Sabraw
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983pr
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2019 Filing 53 NOTICE of Appearance by Gary D. Leasure in place of Le-Mai Dam by Gary D Leasure on behalf of James Burnett, Samuel Cote, Justin Featherly, Edwin Garrette, Jon Goebel, John Horvath, Jonathan Junker, Rebecca Klink, Thomas McGrath, Joel Mendoza, Jeffrey Swett (Attachments: #1 Proof of Service)(Leasure, Gary)Attorney Gary D Leasure added to party James Burnett(pty:dft), Attorney Gary D Leasure added to party Samuel Cote(pty:dft), Attorney Gary D Leasure added to party Justin Featherly(pty:dft), Attorney Gary D Leasure added to party Edwin Garrette(pty:dft), Attorney Gary D Leasure added to party Jon Goebel(pty:dft), Attorney Gary D Leasure added to party John Horvath(pty:dft), Attorney Gary D Leasure added to party Jonathan Junker(pty:dft), Attorney Gary D Leasure added to party Rebecca Klink(pty:dft), Attorney Gary D Leasure added to party Thomas McGrath(pty:dft), Attorney Gary D Leasure added to party Joel Mendoza(pty:dft), Attorney Gary D Leasure added to party Jeffrey Swett(pty:dft) (jms).
January 9, 2019 Filing 52 REPLY to Response to Motion re #46 MOTION to Dismiss for Failure to State a Claim filed by James Burnett, Samuel Cote, Justin Featherly, Edwin Garrette, Jon Goebel, John Horvath, Jonathan Junker, Rebecca Klink, Thomas McGrath, Joel Mendoza, Jeffrey Swett. (Attachments: #1 Proof of Service)(Dam, Le-Mai) (jms).
December 27, 2018 Opinion or Order Filing 50 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Barbara Lynn Major Accepting Document Nunc Pro Tunc 12/24/2018: Opposition to Motion to Dismiss, from Plaintiff Franco Caraccioli. Non-compliance with local rule(s), OTHER: Civ. L. Rule 5.1(j) - Incorrect case number on document; Not timely per Order #47 . Signed by Magistrate Judge Barbara Lynn Major on 12/27/2018.(sjm)
December 24, 2018 Filing 51 RESPONSE in Opposition re #46 MOTION to Dismiss for Failure to State a Claim filed by Franco Caraccioli. (sjm)
November 21, 2018 Filing 49 REPLY to Response to Motion re #32 MOTION to Dismiss for Failure to State a Claim filed by James Burnett, Samuel Cote, Justin Featherly, Edwin Garrette, Jon Goebel, John Horvath, Jonathan Junker, Rebecca Klink, Thomas McGrath, Joel Mendoza, Jeffrey Swett. (Attachments: #1 Proof of Service)(Dam, Le-Mai) (jms). Modified on 11/28/2018 to change document association (aef).
November 15, 2018 Filing 48 RESPONSE in Opposition re #32 MOTION to Dismiss for Failure to State a Claim filed by Franco Caraccioli. (jms) Modified on 11/28/2018 to change document association (aef).
November 7, 2018 Opinion or Order Filing 47 ORDER Setting Briefing Schedule. (Re ECF #46 ) This Order sets out a briefing schedule for the motion to dismiss as follows: Plaintiff shall file and serve his opposition on or before December 21, 2018. Defendants shall file and serve their reply brief no later than January 9, 2019. Unless otherwise directed by the Court, the motion will be deemed submitted for decision on the papers as of the date the reply is either filed or was due to be filed. Signed by Magistrate Judge William V. Gallo on 11/7/2018.(aef)
November 7, 2018 Filing 46 MOTION to Dismiss for Failure to State a Claim by James Burnett, Samuel Cote, Justin Featherly, Edwin Garrette, Jon Goebel, John Horvath, Jonathan Junker, Rebecca Klink, Thomas McGrath, Joel Mendoza, Jeffrey Swett. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Proof of Service)(Dam, Le-Mai)Attorney Le-Mai Phuong Dam added to party Samuel Cote(pty:dft), Attorney Le-Mai Phuong Dam added to party Justin Featherly(pty:dft), Attorney Le-Mai Phuong Dam added to party Edwin Garrette(pty:dft), Attorney Le-Mai Phuong Dam added to party Jon Goebel(pty:dft), Attorney Le-Mai Phuong Dam added to party John Horvath(pty:dft), Attorney Le-Mai Phuong Dam added to party Jonathan Junker(pty:dft), Attorney Le-Mai Phuong Dam added to party Rebecca Klink(pty:dft), Attorney Le-Mai Phuong Dam added to party Thomas McGrath(pty:dft), Attorney Le-Mai Phuong Dam added to party Joel Mendoza(pty:dft) (jms).
November 6, 2018 Opinion or Order Filing 45 ORDER on Joint Stipulation Regarding Service of Defendant Jeffrey Swett. The Second Amended Complaint in the above-captioned matter will be deemed served on Defendant Jeffrey Swett on November 5, 2018. Signed by Judge Dana M. Sabraw on 11/6/2018. (aef)
November 6, 2018 Filing 44 Joint MOTION Stipulation Re Service of Jeffrey Swett by Jeffrey Swett. (Attachments: #1 Proof of Service)(Dam, Le-Mai)Attorney Le-Mai Phuong Dam added to party Jeffrey Swett(pty:dft) (aef).
October 24, 2018 Filing 43 Summons Returned Executed (USM 285) by Franco Caraccioli as to Joel Mendoza. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 42 Summons Returned Executed (USM 285) by Franco Caraccioli as to Thomas McGrath. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 41 Summons Returned Executed (USM 285) by Franco Caraccioli as to Rebecca Klink. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 40 Summons Returned Executed (USM 285) by Franco Caraccioli as to Jonathan Junker. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 39 Summons Returned Executed (USM 285) by Franco Caraccioli as to John Horvath. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 38 Summons Returned Executed (USM 285) by Franco Caraccioli as to Jon Goebel. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 37 Summons Returned Executed (USM 285) by Franco Caraccioli as to Edwin Garrette. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 36 Summons Returned Executed (USM 285) by Franco Caraccioli as to Justin Featherly. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 35 Summons Returned Executed (USM 285) by Franco Caraccioli as to Samuel Cote. (aef) Modified on 11/6/2018 to add date of service (aef).
October 24, 2018 Filing 34 Summons Returned Unexecuted (USM 285) by Franco Caraccioli as to Jeffrey Swett. (aef)
October 5, 2018 Opinion or Order Filing 33 ORDER Setting Briefing Schedule. (Re ECF #32 ) Plaintiff shall file and serve his opposition on or before November 8, 2018. Defendants shall file and serve their reply brief no later than November 21, 2018. Unless otherwise directed by the Court, the motion will be deemed submitted for decision on the papers as of the date the reply is either filed or was due to be filed. Signed by Magistrate Judge William V. Gallo on 10/5/2018.(aef)
October 5, 2018 Filing 32 MOTION to Dismiss for Failure to State a Claim by James Burnett. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Request for Judicial Notice, #4 Exhibit, #5 Exhibit, #6 Proof of Service)(Dam, Le-Mai) (aef).
September 24, 2018 Opinion or Order Filing 31 ORDER Granting #23 Motion to Set Aside Default. It is HEREBY ORDERED that Defendant Burnett's motion to set aside the entry of default (Doc. No. 23) is GRANTED. The Clerk of Court shall vacate the entry of default entered on August 27, 2018. The time for all named defendants to file a responsive pleading to the First Amended Complaint is extended to October 5, 2018. Signed by Magistrate Judge William V. Gallo on 9/24/2018. (All non-registered users served via U.S. Mail Service)(aef)
September 21, 2018 Filing 30 RESPONSE in Opposition re #23 MOTION to Set Aside Default (FRCP 55(C)) filed by Franco Caraccioli. (jms)
September 21, 2018 Opinion or Order Filing 29 ORDER Granting Joint Stipulation for Service by Email for Defendant James Burnett. Signed by Judge Dana M. Sabraw on 9/21/2018. (All non-registered users served via U.S. Mail Service)(anh)
September 13, 2018 Filing 28 Joint MOTION for Service by E-Mail for Defendant James Burnett by Franco Caraccioli. (aef)
September 13, 2018 Filing 27 SUMMONS Returned Executed by Franco Caraccioli. James Burnett served. (aef)
September 13, 2018 Filing 26 Amended 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. IFP packet mailed to Plaintiff. (Attachments: #1 IFP Letter)(jms)
September 10, 2018 Filing 25 Second AMENDED COMPLAINT with Jury Demand against James Burnett, Samuel Cote, Justin Featherly, Edwin Garrette, Jon Goebel, John Horvath, Jonathan Junker, Rebecca Klink, Thomas McGrath, Joel Mendoza, Jeffrey Swett, filed by Franco Caraccioli.New Summons Requested. (jms)
September 6, 2018 Opinion or Order Filing 24 ORDER setting briefing schedule for #23 MOTION to Set Aside Default (FRCP 55(C)) filed by James Burnett. Plaintiff's opposition due 9/21/18. Defendant's reply due 9/28/18. Copy of motion provided to Plaintiff via U.S. Mail by Court.(All non-registered users served via U.S. Mail Service)(ajf)
September 6, 2018 Filing 23 MOTION to Set Aside Default (FRCP 55(C)) by James Burnett. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Set Aside Default, #2 Declaration in Support of Defedant James Burnett's Notice of Motion and Motion to Set Aside Default, #3 Proof of Service)(Dam, Le-Mai)Attorney Le-Mai Phuong Dam added to party James Burnett(pty:dft)(jms).
August 27, 2018 Filing 22 CERTIFICATE OF SERVICE by Franco Caraccioli re #19 Request for Entry of Clerk Default. (aef)
August 27, 2018 Opinion or Order Filing 21 ORDER: 1) Granting #16 Motion to Amend and 2) Directing U.S. Marshal to effect Service of Second Amended Complaint upon each named Defendant pursuant to 28 U.S.C. 1915(d) and Fed. R. Civ. P. 4(c)(3). The Court GRANTS Plaintiff's Motion to Amend (ECF No. 16) and grants Plaintiff leave to file a Second Amended Complaint on or before September 19, 2018. Once Plaintiff has filed the Second Amended Complaint, the Court DIRECTS the Clerk of Court to issue summonses as to the Plaintiff's Second Amended Complaint upon all defendants named therein and forward them to Plaintiff along with a blank U.S. Marshal Form 285 for each named defendant. Signed by Magistrate Judge William V. Gallo on 8/27/2018. (All non-registered users served via U.S. Mail Service)(aef)
August 27, 2018 Filing 20 ***DEFAULT VACATED PER ECF #31 *** - Clerk's ENTRY OF DEFAULT as to James Burnett. (All non-registered users served via U.S. Mail Service)(aef) Modified on 9/24/2018 to vacate default (aef).
August 17, 2018 Filing 19 Request for Entry of Clerk Default against James Burnett. (All non-registered users served via U.S. Mail Service)(aef)
August 17, 2018 Opinion or Order Filing 18 Notice of Document Discrepancies and Order Thereon by Magistrate Judge William V. Gallo Accepting Document: Request to Enter Default, from Plaintiff Franco Caraccioli. 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: Civ.L. Rule 5.2 - Missing Proof of Service. Nunc Pro Tunc 8/6/2018. Signed by Magistrate Judge William V. Gallo on 8/17/2018.(All non-registered users served via U.S. Mail Service)(aef)
July 9, 2018 Filing 17 SUMMONS Returned Executed by Franco Caraccioli. James Burnett served. (aef)
May 31, 2018 Filing 16 MOTION for Leave to Amend Complaint to Add or Join Defendants pursuant to March 16, 2018 Order by Franco Caraccioli. (aef)
May 15, 2018 Filing 15 NOTICE of Change of Address by Franco Caraccioli. (All non-registered users served via U.S. Mail Service)(aef)
April 16, 2018 Filing 14 Mail Returned as Undeliverable re #12 Order Granting Motion for Leave to Proceed in forma pauperis. Mail sent to Franco Caraccioli. (aef)
March 16, 2018 Filing 13 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)(jjg)
March 16, 2018 Opinion or Order Filing 12 ORDER Granting #9 Motion for Leave to Proceed in forma pauperis. Granting Motion to Amend and Dismissing Defendants #11 . US Marshal shall effect service of complaint. The Secretary of the Watch Commander of GBDF, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Dana M. Sabraw on 3/16/2018. (All non-registered users served via U.S. Mail Service)(jjg)
January 31, 2018 Filing 11 MOTION to Amend Defendants by Franco Caraccioli. Nunc pro tunc 1/30/2018. (dsn)
January 31, 2018 Opinion or Order Filing 10 Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Motion to Amend Defendants, from Plaintiff Franco Caraccioli. 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. Nunc Pro Tunc January 30, 2018. Signed by the Chambers of Judge Dana M. Sabraw on 1/31/2018.(All non-registered users served via U.S. Mail Service)(dsn)
January 30, 2018 Filing 9 MOTION for Leave to Proceed in forma pauperis by Franco Caraccioli. (dsn)
January 3, 2018 Opinion or Order Filing 8 ORDER Denying #5 Motion to Proceed in forma pauperis pursuant to 28 U.S.C. 1915(a) and Granting #7 Motion Requesting Docket Information. IT IS ORDERED that: Plaintiff's Motion to Proceed IFP (ECF No. 5) is DENIED and the action is again DISMISSED without prejudice for failure to prepay the $400 filing fee required by 28 U.S.C. 1914(a). Plaintiff's Motion Requesting Docket Information (ECF No. 7) is GRANTED and he is hereby informed that he has forty-five (45) days from the date of this Order in which to re-open this case by either: (1) paying the entire $400 statutory and administrative filing fee, or (2) filing a new Motion to Proceed IFP. Signed by Judge Dana M. Sabraw on 1/3/2018. (All non-registered users served via U.S. Mail Service) (IFP form mailed to Plaintiff)(aef) (sjt).
December 5, 2017 Filing 7 MOTION Requesting Docket Information by Franco Caraccioli. Nunc pro tunc 12/4/2017. (dsn)
December 5, 2017 Opinion or Order Filing 6 Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Motion to Request Docket Information, from Plaintiff Franco Caraccioli. 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. Nunc Pro Tunc December 4, 2017 (All non-registered users served via U.S. Mail Service)(dsn)
October 16, 2017 Filing 5 MOTION for Leave to Proceed in forma pauperis by Franco Caraccioli. (dsn)
October 16, 2017 Filing 4 AMENDED COMPLAINT against James Burnette, DOES 1-10, filed by Franco Caraccioli. (dsn)
September 15, 2017 Filing 3 NOTICE of Change of Address by Franco Caraccioli. Order Dismissing Civil Action (ECF No. #2 ) and Docket Sheet sent to Plaintiff's new address. (dsn)
June 19, 2017 Opinion or Order 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: (1) DISMISSES this action sua sponte without prejudice for failure to pay the $400 civil filing and administrative fee or to submit a Motion to Proceed IFP pursuant to 28 U.S.C. 1914(a) and 1915(a); and GRANTS Plaintiff forty-five (45) days leave from the date this Order is filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b) complete and file a Motion to Proceed IFP which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint. Signed by Judge Dana M. Sabraw on 6/19/2017.(All non-registered users served via U.S. Mail Service)(IFP form mailed to Plaintiff)(aef) (sjt).
May 10, 2017 Filing 1 COMPLAINT with Jury Demand against All Defendants (Filing fee $400, not paid, IFP not Filed.), filed by Franco Caraccioli. (Attachments: #1 Civil Cover Sheet)The new case number is 3:17-cv-981-DMS-WVG. Judge Dana M. Sabraw and Magistrate Judge William V. Gallo are assigned to the case.[Case in Screening per 28 USC 1915A] (rlu) (jao).

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Search for this case: Caraccioli v. Burnett et al.
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Defendant: DOES 1-10
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Defendant: Jonathan Junker
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: San Diego Police Dept.
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Defendant: Edwin Garrette
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: Jeffrey Swett
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: Samuel Cote
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: Rebecca Klink
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: James Burnett
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: Justin Featherly
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: Thomas McGrath
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: Jon Goebel
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: John Horvath
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: Joel Mendoza
Represented By: Gary D Leasure
Represented By: Le-Mai Phuong Dam
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Defendant: K-9 Officers 1-2
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Plaintiff: Franco Caraccioli
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