Cavanaugh et al v. County of San Diego et al
| Shane Cavanaugh and The Estate of Richard Boulanger |
| County of San Diego, Michael Pacheco, Sheriff Bill Gore, Stanley Dixon, Kevin Kamoss, Brett Germain, Joseph Reyes, Does 6 through 50, Does 8 through 50 and James Parent |
| 3:2018cv02557 |
| November 7, 2018 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Karen S Crawford |
| Linda Lopez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 bv Bivens Non-Prisoner |
| Both |
Docket Report
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This docket was last retrieved on February 9, 2022. A more recent docket listing may be available from PACER.
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Filing 82
MANDATE of USCA affirming the decision of the USDC as to #75 Notice of Appeal to the 9th Circuit filed by The Estate of Richard Boulanger, Shane Cavanaugh. (akr)
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Filing 81
MINUTE ORDER OF TRANSFER. Magistrate Judge Linda Lopez is no longer assigned. Case randomly reassigned to Magistrate Judge Karen S. Crawford for all further proceedings. The new case number is 18cv2557 BEN (KSC).(no document attached) (jcj)
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Filing 80
ORDER of USCA as to #75 Notice of Appeal to the 9th Circuit filed by The Estate of Richard Boulanger, Shane Cavanaugh. The petition for rehearing en banc filed on January 5, 2022 is denied. (akr)
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Filing 79
Costs Taxed in amount of $12,435.65 against Plaintiffs Shane Cavanaugh, an individual and as personal representative of the Estate of Richard Boulanger; the Estate of Richard Boulanger. (jms)
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Filing 78
TRANSCRIPT DESIGNATION AND ORDERING FORM by Shane Cavanaugh: No transcripts designated re #75 Notice of Appeal to the 9th Circuit. (Brown, William). (Modified on 12/17/2020: Added text noting that no transcripts have been designated.) (akr).
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Filing 77
USCA Time Schedule Order as to #75 Notice of Appeal to the 9th Circuit filed by The Estate of Richard Boulanger, Shane Cavanaugh. (akr)
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Filing 76
USCA Case Number 20-56311 for #75 Notice of Appeal to the 9th Circuit filed by The Estate of Richard Boulanger, Shane Cavanaugh. (akr)
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Filing 75
NOTICE OF APPEAL to the 9th Circuit as to #69 Clerk's Judgment by Shane Cavanaugh, The Estate of Richard Boulanger. (Filing fee $ 505 receipt number ACASDC-15019372.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: #1 Representation Statement, #2 Proof of Service)(Brown, William). (Modified on 12/9/2020: Edited docket text re attachment #1. Added name of filer.) (akr).
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Filing 74
NOTICE of Hearing - Bill of Costs, re #70 Bill of Costs, filed by Joseph Reyes, County of San Diego, James Parent, Kevin Kamoss, Stanley Dixon, Bill Gore : Hearing set for 12/10/2020 is hereby VACATED. Hearing RESET for 12/30/2020 at 10:00AM. All parties are to appear telephonically for this Bill of Costs hearing and are directed to join on a conference call, then contact Jennifer Simmons (619) 321-0251 at the time of the hearing. (no document attached) (jms)
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Filing 73
Objection to Bill of Costs re #70 Bill of Costs, filed by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (tcf).
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Filing 72
NOTICE of Appearance co-counsel WILLIAM J. BROWN III by Evan Willis on behalf of Shane Cavanaugh, The Estate of Richard Boulanger (Willis, Evan) (mme).
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Filing 71
NOTICE of Hearing - Bill of Costs, re #70 Bill of Costs, filed by Joseph Reyes, County of San Diego, James Parent, Kevin Kamoss, Stanley Dixon, Bill Gore : Hearing set for 12/10/2020 at 09:00AM. Any opposition or responsive pleading due 12/3/2020. All parties are to appear telephonically for this Bill of Costs hearing and are directed to join on a conference call, then contact Jennifer Simmons - 619-321-0251 at the time of the hearing. (no document attached) (jms)
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Filing 70
BILL OF COSTS submitted by Defendants County of San Diego, Stanley Dixon, Bill Gore, Kevin Kamoss, James Parent, Joseph Reyes in the amount of $ 24,242.40. Hearing set for 12/10/2020 at 09:00AM. (Attachments: #1 Notice of Appearance to Tax Costs, #2 Memo of Points and Authorities in Support of Defendants' Bill of Costs, #3 Declaration of Fernando Kish in Support of Defendants' Bill of Costs, #4 Proof of Service)(Kish, Juan) (mme).
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Filing 69
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: The Joint Motion to Dismiss Defendants Brett Germain and Michael Pacheco, ECF No. 61, is GRANTED. Defendant's Motion to Dismiss Plaintiffs' SAC is GRANTED as follows: All Defendants are dismissed to the extent they are sued in their official capacity. All Doe Defendants are dismissed for want of prosecution pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiffs' first claim for relief for wrongful death under 42 U.S.C. 1983 is DISMISSED WITH PREJUDICE as it is not a cognizable claim under Section 1983, which only allows for survival actions. Plaintiffs' second claim for relief ( deliberate indifference to medical needs), third claim for relief (loss of familial relationship), fourth claim for relief (failure to properly train), and fifth claim for relief (Monell liability) are DISMISSED WITH PREJUDICE for failure to plead facts that could state a plausible claim for relief. Plaintiffs' sixth claim for relief for a survival action is also DISMISSED WITH PREJUDICE because Mr. Cavanaugh has failed to show he (1) is the successor in interest and (2) complied with the claim-filing requirements of the CGCA. Defendants' Motion to Strike is DENIED as moot. (Attachments: #1 1)(mme)(jrd)
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Filing 68
ORDER Granting: (1) Defendant's Motion #56 Plaintiff's Second Amended Complaint With Prejudice; (2) Joint Motion #61 to Dismiss Defendants Brett Germain and Michael Pacheco. Signed by Judge Roger T. Benitez on 11/12/2020. (mme)(jrd)
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Filing 67
ORDER Granting In Part and Denying In Part #65 Defendants' Ex Parte Motion to Continue Pretrial Motions Deadline. The current November 9, 2020 deadline to file pretrial motions is VACATED. On or before November 10, 2020, Defendants shall obtain a motion hearing date for their motion for summary judgment. The filing deadline will be a minimum of twenty-eight days prior to the noticed motion hearing date, pursuant to Civil Local Rule7.1(e)(1). Signed by Magistrate Judge Linda Lopez on 11/9/2020. (mme)
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Filing 66
RESPONSE in Opposition re #65 Ex Parte MOTION to Continue Pretrial Motions Deadlines filed by The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 65
Ex Parte MOTION to Continue Pretrial Motions Deadlines by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, James Parent, Joseph Reyes. (Attachments: #1 Declaration of Fernando Kish in Support of Defendants' Ex Parte Motion to Continue Pretrial Motions Deadline, #2 Proof of Service)(Kish, Juan) (mme).
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Filing 64
Minute Order issued by the Honorable Roger T. Benitez: Submitting #56 MOTION to Dismiss for Failure to State a Claim . Court to issue written Order. Motion Hearing date is hereby vacated. (no document attached) (gxr)
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Filing 63
REPLY to Response to Motion re #56 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego, Stanley Dixon, Bill Gore, Kevin Kamoss, James Parent, Joseph Reyes. (Attachments: #1 Proof of Service)(Kish, Juan) (sxa).
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Filing 62
ORDER Granting In Part and Denying In Part #58 Defendants' Ex Parte Motion to Continue or Vacate All Remaining Pretrial Motion Deadlines and Mandatory Settlement Conference While Defendants' Motion to Dismiss is Pending. Final Pretrial Conference set for 3/8/2021 10:30 AM before Judge Roger T. Benitez. Mandatory Settlement Conference set for 1/20/2021 09:30 AM before Magistrate Judge Linda Lopez. Signed by Magistrate Judge Linda Lopez on 10/5/2020. (mme)
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Filing 61
Joint MOTION to Dismiss Party to Dismiss Defendants Michael Pacheco and Brett Germaine by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 60
RESPONSE in Opposition re #58 Ex Parte MOTION to Continue or Vacate All Remaining Pretrial Motion Deadlines and Mandatory Settlement Conference While Defendants' Motion to Dismiss is Pending filed by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (anh).
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Filing 59
RESPONSE in Opposition re #56 MOTION to Dismiss for Failure to State a Claim filed by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 58
Ex Parte MOTION to Continue or Vacate All Remaining Pretrial Motion Deadlines and Mandatory Settlement Conference While Defendants' Motion to Dismiss is Pending by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, James Parent, Joseph Reyes. (Attachments: #1 Declaration of Sylvia S. Aceves in Support of Defendants' Ex Parte Motion to Continue or Vacate Pretrial Motion Deadlines and Mandatory Settlement Conference While Defendants' Motion to Dismiss is Pending, #2 Proof of Service)(Aceves, Sylvia)Attorney Sylvia Soliman Aceves added to party James Parent(pty:dft) (mme).
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Filing 57
Minute Order by Magistrate Judge Linda Lopez: Plaintiff's attorney contacted chambers to schedule a discovery dispute conference call regarding pretrial dates and deadlines set in the scheduling order. If the parties are not in agreement regarding amending deadlines, then the Court directs the parties to follow the procedure set forth in Judge Lopez's Chambers Rules Section III.C. A discovery dispute conference call is not necessary in this instance. Signed by Magistrate Judge Linda Lopez on 9/25/2020.(fk1)
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Filing 56
MOTION to Dismiss for Failure to State a Claim by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, James Parent, Joseph Reyes. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint and to Strike Portions Thereof, #2 Proof of Service)(Kish, Juan)Attorney Juan Fernando Kish added to party James Parent(pty:dft) (mme).
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Filing 55
AMENDED COMPLAINT with Jury Demand SECOND AMENDED COMPLAINT against All Defendants, filed by The Estate of Richard Boulanger, Shane Cavanaugh. (Willis, Evan) (mme).
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Filing 54
ORDER : (1) Grants in Part and Denies in Part Plaintiff's Motion for Leave to File Second Amended Complaint ' (2) Denying as Moot Defendant's Motion to Dismiss Plaintiff's First Amended Complaint, or Strike Portions Thereof [Doc. Nos. #32 #33 ]. Signed by Judge Roger T. Benitez on 8/24/2020. (anh) Modified on 8/25/2020 (anh).
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Filing 53
ORDER Granting #52 Joint Motion to Modify Scheduling Order Regulating Expert Discovery. Signed by Magistrate Judge Linda Lopez on 8/12/2020. (mme)
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Filing 52
Joint MOTION for Extension of Time to Complete Discovery by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service)(Aceves, Sylvia) (mme).
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Filing 51
ORDER Granting #49 Joint Motion to Modify Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Signed by Magistrate Judge Linda Lopez on 6/22/2020. (mme)
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Filing 50
ORDER Re: #47 Defendant's Motion for an Order Compelling the Deposition of Non-Party Judy Lambert and Modifying the Scheduling Order. The Court GRANTS Defendants Motion to Compel and ORDERS Ms. Lambert to comply with the subpoena. Defendants are ORDERED to serve a copy of this Order on Ms. Lambert on or before June 22, 2020 and to remotely complete the deposition of Ms. Lambert conference on or before June 29, 2020. Signed by Magistrate Judge Linda Lopez on 06/18/2020. (mme)
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Filing 49
Joint MOTION to Modify Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service)(Aceves, Sylvia) (mme).
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Filing 48
STATUS REPORT by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service)(Aceves, Sylvia) (mme).
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Filing 47
MOTION to Compel by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion for an Order (1) Compelling the Deposition of Non-Party Judy Lambert and (2) Modifying the Scheduling Order for the Limited Purpose of Completing the Deposition of Non-Party Judy Lambert, #2 Proof of Service)(Aceves, Sylvia) (mme).
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Filing 46
ORDER Following Discovery Conference on June 10, 2020; ORDER Issuing Briefing Schedule. Defendant shall file a Motion to Compel on or before June 12, 2020. Defendant shall serve a copy of this order and the Motion to Compel on third-party Ms. Lambert by June 15, 2020 and file a certificate of service. Upon review of Motion to Compel, the Court will issue a further briefing scheduleif necessary. Upon completion of the briefing, the Court will take the matter under submission pursuant to Civil Local Rule 7.1(d)(1) and no personal appearances will be required. Signed by Magistrate Judge Linda Lopez on 6/11/2020.(mme)
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Filing 45
ORDER Granting #44 Joint Motion to Modify Scheduling Order for the Purpose of Completion of Jail Cell Inspection. Signed by Magistrate Judge Linda Lopez on 5/28/2020. (mme)
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Filing 44
Joint MOTION for Extension of Time to Complete Discovery For The Purpose of Completing Jail Inspection by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 43
ORDER Following Discovery Conference on May 6, 2020. Signed by Magistrate Judge Linda Lopez on 5/7/2020.(mme)
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Filing 42
Minute Entry for proceedings held before Magistrate Judge Linda Lopez: Discovery Conference held on 5/6/2020. Order to follow. (Plaintiff Attorney Evan Willis, John T. Richards). (Defendant Attorney Sylvia Soliman Aceves, Juan Fernando Kish). (no document attached) (fk1)
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Filing 41
ORDER Granting #40 Joint Motion to Modify Scheduling Order Regulating Discovery and Other Pretrial Proceedings. Signed by Magistrate Judge Linda Lopez on 3/19/2020. (mme)
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Filing 40
Joint MOTION for Extension of Time to Complete Discovery by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 39
NOTICE of Change of Address by Evan Willis (Willis, Evan)(mme).
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Filing 38
Minute Order issued by the Honorable Roger T. Benitez: Submitting #32 MOTION to Amend/Correct #31 Amended Complaint , #33 MOTION to Dismiss Plaintiffs' First Amended Complaint and To Strike Portions Thereof. Court to issue written Order. Motion Hearing date of 12/9/2019 is hereby vacated. (no document attached) (gxr)
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Filing 37
REPLY to Response to Motion re #32 MOTION to Amend/Correct #31 Amended Complaint Plaintiffs' REPLY to Defendants' Opposition to Plaintiffs' Motion for Leave to file Second Amended Complaint; Declaration of Evan Willis in Support Thereof, Exhibits in Support of Declaration of Evan Willis filed by Shane Cavanaugh, The Estate of Richard Boulanger. (Attachments: #1 EXHIBITS A-C to Declaration of Evan Willis, #2 Proof of Service)(Willis, Evan) (tcf).
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Filing 36
REPLY to Response to Motion re #33 MOTION to Dismiss Plaintiffs' First Amended Complaint and To Strike Portions Thereof filed by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service)(Kish, Juan) (tcf).
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Filing 35
RESPONSE in Opposition re #32 MOTION to Amend/Correct #31 Amended Complaint filed by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Declaration of Fernando Kish In Support Of Defendants' Opposition to Plaintiffs' Motion for Leave to File Second Amended Complaint, #2 Proof of Service)(Kish, Juan) (mme).
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Filing 34
RESPONSE in Opposition re #33 MOTION to Dismiss Plaintiffs' First Amended Complaint and To Strike Portions Thereof filed by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 33
MOTION to Dismiss Plaintiffs' First Amended Complaint and To Strike Portions Thereof by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Memo of Points and Authorities In Support of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and To Strike Portions Thereof, #2 Proof of Service)(Kish, Juan) (mme).
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Filing 32
MOTION to Amend/Correct #31 Amended Complaint by Shane Cavanaugh, The Estate of Richard Boulanger. (Attachments: #1 EXHIBIT A - SECOND AMENDED COMPLAINT, #2 EXHIBIT B - SECOND AMENDED COMPLAINT W/ REDLINE, #3 Proof of Service)(Willis, Evan) (mme).
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Filing 31
AMENDED COMPLAINT with Jury Demand FIRST AMENDED COMPLAINT against All Defendants, filed by The Estate of Richard Boulanger, Shane Cavanaugh. (Willis, Evan) (tcf).
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Filing 30
ORDER Granting #20 Motion to Appoint Shane Cavanaugh as Successor-In-Interest to the Estate of Richard Boulanger. Signed by Judge Roger T. Benitez on 10/10/2019. (mme) (jao).
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Filing 29
ORDER Granting #24 Joint Motion for Leave to File First Amended Complaint. Plaintiffs shall file their First Amended Complaint within seven (7) days of the date of this Order. Signed by Judge Roger T. Benitez on 10/10/2019. (mme) (jao).
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Filing 28
Minute Order issued by the Honorable Roger T. Benitez: Submitting #17 MOTION to Amend/Correct Complaint. Court to issue written Order. Motion Hearing date of 9/30/2019 is hereby vacated. (no document attached) (gxr)
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Filing 27
ORDER re: #26 Entering Joint Motion for Protective Order. Signed by Magistrate Judge Linda Lopez on 09/17/2019. (mme)
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Filing 26
Joint MOTION for Protective Order by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service)(Kish, Juan) (mme).
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Filing 25
NOTICE of Appearance by Sylvia Soliman Aceves on behalf of County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes (Attachments: #1 Proof of Service)(Aceves, Sylvia)Attorney Sylvia Soliman Aceves added to party County of San Diego(pty:dft), Attorney Sylvia Soliman Aceves added to party Stanley Dixon(pty:dft), Attorney Sylvia Soliman Aceves added to party Brett Germain(pty:dft), Attorney Sylvia Soliman Aceves added to party Bill Gore(pty:dft), Attorney Sylvia Soliman Aceves added to party Kevin Kamoss(pty:dft), Attorney Sylvia Soliman Aceves added to party Michael Pacheco(pty:dft), Attorney Sylvia Soliman Aceves added to party Joseph Reyes(pty:dft) (mme).
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Filing 24
Joint Motion For Order Granting Plaintiff's Leave to File First Amended Complaint (NON Opposition) re #17 MOTION to Amend/Correct Complaint - Joint Motion for Order Granting Plaintiffs' Leave to File First Amended Complaint ("FAC") filed by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme). Modified on 10/10/2019 to change event to motion and docket text (mme).
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Filing 23
SCHEDULING ORDER: Mandatory Settlement Conference set for 11/18/2020 09:30 AM before Magistrate Judge Linda Lopez. Final Pretrial Conference set for 1/11/2021 10:30 AM before Judge Roger T. Benitez.. Signed by Magistrate Judge Linda Lopez on 08/27/2019.(mme)
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Filing 22
Minute Order for proceedings held before Magistrate Judge Linda Lopez:An Early Neutral Evaluation Conference was held on 8/26/2019. Case did not settle. A Case Management Conference was held on 8/26/2019. Order to issue. (no document attached) (asm)
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Filing 21
CERTIFICATE OF SERVICE by Shane Cavanaugh, The Estate of Richard Boulanger to Appoint Plaintiff Shane Cavanaugh as Successor-in-Interest to The Estate of Richard Boulanger (Willis, Evan) (mme).
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Filing 20
Ex Parte MOTION for Order to Appoint Plaintiff Shane Cavanaugh as Successor-in-Interest to The Estate of Richard Boulanger by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 19
NOTICE OF WITHDRAWAL OF DOCUMENT- DKT. NO.16 by Shane Cavanaugh, The Estate of Richard Boulanger (Willis, Evan) (mme).
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Filing 18
ORDER Granting #15 Joint Motion to Reschedule Hearing Date for Plaintiff's Motion to File Amended Complaint. Motion Hearing set for 9/30/2019 10:30 PM before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 08/23/2019. (mme)
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Filing 17
MOTION to Amend/Correct Complaint by Shane Cavanaugh, The Estate of Richard Boulanger. (Attachments: #1 Exhibit FIRST AMENDED COMPLAINT, #2 Exhibit redacted version - FAC, #3 Proof of Service Proof of Service)(Willis, Evan) (mme).
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Filing 16
**WITHDRAWN PER ECF #19 ** Ex Parte MOTION for Order to Appoint Plaintiff Shane Cavanaugh as Successor-in-Interest to The Estate of Richard Boulanger by Shane Cavanaugh, The Estate of Richard Boulanger. (Attachments: #1 Declaration Declaration of Shane Cavanaugh in support of Ex Parte Motion for Order to Appoint Successor in Interest, #2 Declaration Declaration of Shane Cavanaugh in support of Ex Parte Motion for Order to Appoint Successor in Interest, #3 Exhibit Certificate of Death of Richard Boulanger, #4 Proof of Service Proof of Service)(Willis, Evan) (mme). Modified on 8/27/2019 (mme).
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Filing 15
Ex Parte MOTION to Continue Motion To Amend Hearing Date from October 7, 2019 to September 30, 2019 by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (mme).
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Willis, Evan) (mme).
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Filing 13
ORDER Excusing Defendant William Gore from Personal Attendance at the Early Neutral Evaluation Conference [ECF No. #12 ]. Signed by Magistrate Judge Linda Lopez on 8/6/2019. (jrm) (jao).
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Filing 12
Joint MOTION to Excuse Appearance of William Gore at Early Neutral Evaluation Conference, by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service Proof of Service)(Kish, Juan) (jrm).
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Filing 11
NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 8/26/2019 10:00 AM before Magistrate Judge Linda Lopez. Case Management Conference set for 8/26/2019 10:00 AM before Magistrate Judge Linda Lopez. Joint Discovery Plan due 8/16/2019. Signed by Magistrate Judge Linda Lopez on 7/17/2019.(anh)
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Filing 10
ORDER denying #4 Plaintiff's Motion to Remand. Signed by Judge Roger T. Benitez on 7/15/2019. (jrm) (jao).
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Filing 9
NOTICE of Appearance by Juan Fernando Kish on behalf of County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes (Attachments: #1 Proof of Service)(Kish, Juan)Attorney Juan Fernando Kish added to party County of San Diego(pty:dft), Attorney Juan Fernando Kish added to party Stanley Dixon(pty:dft), Attorney Juan Fernando Kish added to party Brett Germain(pty:dft), Attorney Juan Fernando Kish added to party Bill Gore(pty:dft), Attorney Juan Fernando Kish added to party Kevin Kamoss(pty:dft), Attorney Juan Fernando Kish added to party Michael Pacheco(pty:dft), Attorney Juan Fernando Kish added to party Joseph Reyes(pty:dft) (anh).
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Filing 8
Minute Order issued by the Honorable Roger T. Benitez: Submitting #4 MOTION to Remand to State Court Superior Court - County of San Diego. Court to issue written Order. Motion Hearing date of 1/14/2019 is hereby vacated. (no document attached) (gxr)
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| Filing 7 REPLY to Response to Motion re #4 MOTION to Remand to State Court Superior Court - County of San Diego filed by Shane Cavanaugh, The Estate of Richard Boulanger. (Willis, Evan) (sjm). |
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Filing 6
ORDER Finding Early Neutral Evaluation Conference and Case Management Conference Inappropriate at this Time. Signed by Magistrate Judge Linda Lopez on 12/10/2018.(anh)
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| Filing 5 RESPONSE in Opposition re #4 MOTION to Remand to State Court Superior Court - County of San Diego filed by County of San Diego, Stanley Dixon, Brett Germain, Bill Gore, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service)(Chapin, James) (anh). |
| Filing 4 MOTION to Remand to State Court Superior Court - County of San Diego by Shane Cavanaugh, The Estate of Richard Boulanger. (Attachments: #1 Notice NTC OF REMAND, #2 Memo of Points and Authorities MEMO PNTS & AUTH, #3 Declaration DECL EVAN + EXHIBITS)(Willis, Evan)Attorney Evan Willis added to party Shane Cavanaugh(pty:pla), Attorney Evan Willis added to party The Estate of Richard Boulanger(pty:pla) (anh). |
| Filing 3 ANSWER to Complaint with Jury Demand by Stanley Dixon, Brett Germain, Kevin Kamoss, Michael Pacheco, Joseph Reyes. (Attachments: #1 Proof of Service)(Chapin, James)Attorney James M Chapin added to party Stanley Dixon(pty:dft), Attorney James M Chapin added to party Brett Germain(pty:dft), Attorney James M Chapin added to party Kevin Kamoss(pty:dft), Attorney James M Chapin added to party Michael Pacheco(pty:dft), Attorney James M Chapin added to party Joseph Reyes(pty:dft) (dlg). |
| Filing 2 NOTICE Defendants Proof Of Service Of Notice To Adverse Party And State Court Of Removal Of State Court Action To Federal Court by County of San Diego, Bill Gore (Attachments: #1 Proof of Service)(Chapin, James) (anh). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of California for the County of San Diego, case number 37-2018-00006943-CU-CR-CTL. ( Filing fee $ 400 receipt number 0974-11880780.), filed by Bill Gore, County of San Diego. (Attachments: #1 Civil Cover Sheet, #2 Declaration of James M. Chapin, #3 Proof of Service, #4 Exhibit A - State Court Complaint, #5 Exhibit B - Amended State Court Complaint)The new case number is 3:18-cv-2557-BEN-LL. Judge Roger T. Benitez and Magistrate Judge Linda Lopez are assigned to the case.(lrc) (sjt). |
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