Gaspar v. McCament, et al
| Pascual Luciano Tomas Gaspar |
| Robert M. Cowan, Elaine Duke and James McCament |
| 3:2018cv02612 |
| November 9, 2018 |
| US District Court for the Southern District of California |
| Cathy Ann Bencivengo |
| Nita L Stormes |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 dj |
| None |
Docket Report
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| Filing 24 Case transferred in from District of North Carolina Eastern; Case Number 5:17-cv-00459. Original file received electronically |
| Filing 25 Judge Cathy Ann Bencivengo and Magistrate Judge Nita L. Stormes assigned to transfer case from Eastern District of North Carolina. (no document attached) (jpp) |
Filing 23
ORDER granting in part and denying in part #20 Motion to Dismiss. Signed by Chief US District Judge Terrence W. Boyle on 11/8/2018. This action is hereby TRANSFERRED in its entirety to the United States District Court for the Southern District of California. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.]
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| Motion Submitted to District Judge Terrence W. Boyle regarding #20 MOTION to Dismiss for Improper Venue, or in the alternative, Motion to Transfer Venue. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 22 RESPONSE in Opposition regarding #20 MOTION to Dismiss for Improper Venue, or in the alternative, Motion to Transfer Venue filed by Pascual Luciano Tomas Gaspar. (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 21 Memorandum in Support regarding #20 MOTION to Dismiss for Improper Venue, or in the alternative, Motion to Transfer Venue filed by Robert M. Cowan, Elaine Duke, James McCament, United States of America. (Ramirez, Roberto) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 20 MOTION to Dismiss for Improper Venue, or in the alternative, Motion to Transfer Venue filed by Robert M. Cowan, Elaine Duke, James McCament, United States of America. (Attachments: #1 Text of Proposed Order) (Ramirez, Roberto) [Transferred from North Carolina Eastern on 11/15/2018.] |
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Filing 19
ORDER denying as moot #11 Motion to Dismiss. Signed by US District Judge Terrence W. Boyle on 6/26/2018. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.]
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| TEXT ORDER granting Defendants' unopposed Motion to Extend Time to Respond #18 . For good cause shown, it is ordered that Defendants shall have up to and including July 25, 2018, within which to respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 6/26/2018. (Hockaday, A.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #18 MOTION for Extension of Time to respond to Plaintiff's complaint. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 18 MOTION for Extension of Time to respond to Plaintiff's complaint filed by Robert M. Cowan, Elaine Duke, James McCament. (Attachments: #1 Text of Proposed Order) (Ramirez, Roberto) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Motion Submitted to US District Judge Terrence W. Boyle regarding #11 MOTION to Dismiss for insufficient service of process. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 17 Certificate of Service filed by Pascual Luciano Tomas Gaspar . (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 16 Summons Issued as to Defendants. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 15 Notice filed by Pascual Luciano Tomas Gaspar Proposed Summons. (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
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Filing 14
ORDER granting #13 Motion for Extension of Time. Plaintiff's #8 Motion for Default Judgment is withdrawn. Plaintiff shall have 30 days from the date of entry of this order to properly serve the U.S. Attorney's Office for the Eastern District of North Carolina. Signed by US District Judge Terrence W. Boyle on 4/8/2018. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.]
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| Notice to Counsel regarding: #13 Motion for Extension of Time. For future filings, pursuant to Local Rule 10.1, all pleadings, motions, and other papers filed with the clerk of court shall be double spaced. No need to refile anything at this time. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Motion Submitted to US District Judge Terrence W. Boyle #13 Consent MOTION for Extension of Time. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 13 Consent MOTION for Extension of Time filed by Pascual Luciano Tomas Gaspar. (Attachments: #1 Text of Proposed Order) (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 12 Memorandum in Support regarding #11 MOTION to Dismiss for insufficient service of process filed by United States of America. (Ramirez, Roberto) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 11 MOTION to Dismiss for insufficient service of process filed by United States of America. (Ramirez, Roberto) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 10 Notice of Appearance filed by Roberto F. Ramirez on behalf of United States of America. (Ramirez, Roberto) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Motion Submitted to US District Judge Terrence W. Boyle: #8 First MOTION for Default Judgment as to Defendants. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 9 SUMMONS Returned Executed by Pascual Luciano Tomas Gaspar. All Defendants. (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 8 First MOTION for Default Judgment as to Defendants filed by Pascual Luciano Tomas Gaspar. (Attachments: #1 Affidavit Declaration of John Mansfield, #2 Exhibit 4, #3 Exhibit 5, #4 Certificate of Service) (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 7 Notice to Plaintiff of Failure to Make Service within 90 Days. (Stouch, L.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 6 Financial Disclosure Statement by Pascual Luciano Tomas Gaspar (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 5 Notice of Appearance filed by John D. Mansfield on behalf of All Plaintiffs. (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 4 Summons Issued as to Robert M. Cowan, Elaine Duke, James McCament. Counsel is reminded to print summons and effect service. (Briggeman, N.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 3 Civil coversheet against All Defendants ( Filing fee $ 400 receipt number 0417-4222993.), filed by Pascual Luciano Tomas Gaspar. (Mansfield, John) Removes 'COMPLAINT' in Docket text on 9/12/2017. Wrong event used. (Briggeman, N.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 2 COMPLAINT Corrected against All Defendants ( Filing fee $ 400 receipt number 0417-4222993.), filed by Pascual Luciano Tomas Gaspar. (Mansfield, John) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Notice to Counsel regarding: #1 Complaint - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. (Rudd, D.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| NOTICE OF DEFICIENCY regarding: #1 Complaint. Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a JS44 Civil Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Pascual Luciano Tomas Gaspar. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Notice to Counsel regarding: #1 Complaint. Counsel did not properly identify exhibits pursuant to section V.E. of the CM/ECF Policies and Procedures Manual. (i.e. "Exhibit 1" is not a sufficient description). Clerk has corrected the exhibits. No action needed at this time. (Rudd, D.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| NOTICE OF DEFICIENCY regarding: #1 Complaint. Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. The signature line should read "/s/ John D. Mansfield". Counsel is directed to refile. (Rudd, D.) [Transferred from North Carolina Eastern on 11/15/2018.] |
| Filing 1 COMPLAINT For Declaratory and Injunctive Relief against All Plaintiffs (Filing fee $400.00 receipt number 0417-4222993), filed by Pascual Luciano Tomas Gaspar. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1- Deferred Action Case Synopsis for Pascual Tomas-Gaspar dated 6/24/2015, #4 Exhibit 2- Notice of Decision on Motion to Reopen and Reconsider dated 3/20/2017, #5 Exhibit 3- Notice of Decision) (Mansfield, John) Modified on 9/12/2017 to clarify docket text regarding exhibits. (Rudd, D.) [Transferred from North Carolina Eastern on 11/15/2018.] |
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