Schutza v. Lamden et al
| Scott Schutza |
| Does 1-10, Carol A. Lamden Corby and William E. Lamden |
| 3:2017cv02562 |
| December 26, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jill L Burkhardt |
| M James Lorenz |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Defendant |
Docket Report
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Filing 33
ORDER Granting Joint Motion to Dismiss [ECF No. #32 ]. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court hereby grants the parties' joint motion to dismiss and dismisses with prejudice this action as to all parties upon the parties' request. Each party shall bear their own attorneys' fees, costs, and expenses. Signed by Judge M. James Lorenz on 6/20/2019. (lrf) (jao).
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| Filing 32 Joint MOTION to Dismiss case with prejudice by Scott Schutza. (Attachments: #1 Proof of Service)(Carson, Chris)Attorney Chris Carson added to party Scott Schutza(pty:pla) (sjt). |
| Filing 31 MANDATE of USCA dismissing the appeal as to #19 Notice of Appeal to the 9th Circuit filed by Scott Schutza. (akr) |
| Filing 30 NOTICE of Settlement by Scott Schutza (Attachments: #1 Proof of Service)(Carson, Chris) (QC mailer sent atty has not appeared for this party)(sjt). |
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Filing 29
ORDER of USCA as to #19 Notice of Appeal to the 9th Circuit filed by Scott Schutza. The USCA has received and reviewed the parties' responses to the November 15, 2018 order to show cause. The USDC's September 14, 2018 order declining to exercise supplemental jurisdiction over appellant's state-law claim and dismissing that claim without prejudice is not appealable as a "final decision" that ends the litigation because appellant was allowed to proceed with his federal-law claim. The USDC's order is not appealable under the collateral order doctrine because appellant may seek review of the order following the entry of final judgment. Finally, the USDC did not direct entry of judgment on appellant's state-law claim under Federal Rule of Civil Procedure 54(b). For those reasons, the USCA lacks jurisdiction over this appeal. Dismissed. (akr)
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Filing 28
ORDER of USCA as to #19 Notice of Appeal to 9th Circuit filed by Scott Schutza. It appears that the USDC's order challenged in this appeal may not have disposed of the action as to all claims and all parties. Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the USCA. (akr)
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Filing 27
Minute Order by Magistrate Judge Jill L. Burkhardt: In light of the Order staying this case (ECF No. #26 ), the 11/14/2018 Early Neutral Evaluation Conference (see ECF No. #18 ) is hereby VACATED. Within 5 calendar days of the stay being lifted, the parties SHALL place a joint call to Judge Burkhardt's chambers and leave a voicemail message providing 3 mutually agreeable dates within 30 days of the stay being lifted to reschedule the ENE. (mjg)
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Filing 26
ORDER Granting Joint Motion to Stay Proceedings Pending Plaintiff's Appeal [ECF No. #25 ]. Case stayed until the resolution of Plaintiff's appeal to the Ninth Circuit. The parties shall notify the Court once the Ninth Circuit has decided the interlocutory appeal. Signed by Judge M. James Lorenz on 11/9/2018. (lrf)
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| Filing 25 Joint MOTION to Stay Pending Appeal by Scott Schutza. (Valenti, Matthew)(QC mailer sent re: missing signature certification, certificate of service) (sjt). |
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Filing 24
Minute Order by Magistrate Judge Jill L. Burkhardt: The parties' joint Early Neutral Evaluation Statement was due to the Court by 11/7/2018. (ECF No. #18 .) The Court is not in receipt of the parties' joint Statement. The Court hereby orders that the parties shall LODGE their joint Statement via e-mail at efile_Burkhardt@casd.uscourts.gov no later than tomorrow, 11/9/2018, at 9:00 AM, unless a motion to stay has been filed. The parties shall address why their joint Statement is being lodged after the court-ordered deadline. The parties shall also consult and ensure that their joint Statement complies with Judge Burkhardt's Civil Chambers Rules and the Court's 10/4/2018 Order (ECF No. #18 ). (mjg)
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Filing 23
Minute Order by Magistrate Judge Jill L. Burkhardt: Plaintiff's Early Neutral Evaluation Statement was due to the Court by 10/24/2018. (ECF No. #18 .) The Court is not in receipt of Plaintiff's Statement. The Court hereby orders that Plaintiff shall LODGE his statement via e-mail at efile_Burkhardt@casd.uscourts.gov no later than tomorrow, 10/30/2018, at 4:00 PM. Plaintiff's Statement shall address why it is being lodged after the court-ordered deadline. Plaintiff shall also consult and ensure that his Statement complies with Judge Burkhardt's Civil Chambers Rules and the Court's 10/4/2018 Order (ECF No. #18 .) (mjg)
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| Filing 22 NOTICE of Appearance by Matthew D. Valenti on behalf of Scott Schutza (Attachments: #1 Proof of Service)(Valenti, Matthew)Attorney Matthew D. Valenti added to party Scott Schutza(pty:pla) (anh). |
| Filing 21 USCA Time Schedule Order as to #19 Notice of Appeal to 9th Circuit filed by Scott Schutza. (akr) |
| Filing 20 USCA Case Number 18-56338 for #19 Notice of Appeal to 9th Circuit filed by Scott Schutza. (akr) |
| Filing 19 NOTICE OF APPEAL to the 9th Circuit as to #15 Order Granting In Part and Denying In Part Defendants' Motions to Dismiss, by Scott Schutza. (Filing fee $ 505 receipt number 0974-11774718.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Civil Appeals Docketing Statement with attached: (1) Order being appealed; and (2) Representation List)(Handy, Russell). (Modified on 10/10/2018: Edited docket text re linked Order.) (akr). |
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Filing 18
NOTICE AND ORDER for In-Person Early Neutral Evaluation Conference. An Early Neutral Evaluation with parties present will be held in person on 11/14/2018 at 9:00 AM in the Chambers of Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 10/4/2018.(jdt)
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| Filing 17 ANSWER to #1 Complaint, by Carol A. Lamden Corby. (Attachments: #1 Proof of Service Corby POS re Corby Answer)(Shelton, Charles) (anh). |
| Filing 16 ANSWER to #1 Complaint, with Jury Demand by William E. Lamden. (Attachments: #1 Proof of Service of Lamden's Answer to Complaint)(Watts, Daniel) (anh). |
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Filing 15
ORDER Granting In Part and Denying In Part Defendants' Motions to Dismiss [ECF Nos. #9 , #10 ]. Signed by Judge M. James Lorenz on 9/14/2018. (lrf)
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| Filing 14 REPLY to Response to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Carol A. Lamden Corby. (Attachments: #1 Proof of Service Corby POS re Corby Reply Brief ISO Corby MTD)(Shelton, Charles) (sjt). |
| Filing 13 RESPONSE in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , #9 MOTION to Dismiss for Failure to State a Claim filed by Scott Schutza. (Attachments: #1 Proof of Service)(Carson, Chris) (sjt). |
| Filing 12 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by William E. Lamden. (Attachments: #1 Proof of Service)(Watts, Daniel)(sjt). |
| Filing 11 RESPONSE in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , #9 MOTION to Dismiss for Failure to State a Claim filed by Scott Schutza. (Attachments: #1 Proof of Service)(Price, Dennis) (sjt). |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Carol A. Lamden Corby. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration, #4 Proof of Service)(Shelton, Charles) (sjt). |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by William E. Lamden. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A to Request for Judicial Notice, #4 Proof of Service)(Watts, Daniel) (sjt). |
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Filing 8
ORDER granting #7 Joint Motion for Extension of Time to Answer. The deadline for Defendant to respond shall be extended to May 10, 2018. Signed by Judge M. James Lorenz on 4/24/2018. (sjt)
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| Filing 7 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Carol A. Lamden Corby. (Shelton, Charles)Attorney Charles E. Shelton, II added to party Carol A. Lamden Corby(pty:dft)(QC mailer sent re: wrong atty signed, missing proof of service) (sjt). |
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer. Defendants shall have until April 30, 2018 to respond to Plaintiffs complaint. Signed by Judge M. James Lorenz on 4/11/2018. (sjt)
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| Filing 5 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by William E. Lamden. (Attachments: #1 Proof of Service)(Watts, Daniel)Attorney Daniel Thomas Watts added to party William E. Lamden(pty:dft) (sjt). |
| Filing 4 WAIVER OF SERVICE Returned Executed by Scott Schutza, as to William E. Lamden. (Grace, Phyl) (sjt). |
| Filing 3 SUMMONS Returned Executed by Scott Schutza. Carol A. Lamden Corby served. (Masanque, Isabel Rose) (sjt). |
| 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. (lrc)(jrd) |
| Filing 1 COMPLAINT Against Does 1-10, William E. Lamden, Carol A. Lamden Corby ( Filing fee $ 400 receipt number 0974-10755484.), filed by Scott Schutza. (Attachments: #1 Civil Cover Sheet)The new case number is 3:17-cv-2562-L-JLB. Judge M. James Lorenz and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Masanque, Isabel Rose)(lrc)(jrd) |
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