Dia v. County of San Diego et al
| Ihab Gamil Dia |
| Jason Ferguson, County of San Diego and Sean Gallagher |
| 3:2018cv02676 |
| November 26, 2018 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Ruben B Brooks |
| 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 January 28, 2021. A more recent docket listing may be available from PACER.
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Filing 62
Mail Returned as Undeliverable re 55 Notice of Hearing - Bill of Costs. Mail sent to Ihab Gamil Dia. (bta)
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Filing 61
Mail Returned as Undeliverable re #53 Judgment. Mail sent to Ihab Gamil Dia. (bta)
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Filing 60
Mail Returned as Undeliverable re #59 Costs Taxed. Mail sent to Ihab Gamil Dia. (bta)
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Filing 59
Costs Taxed in the amount of $3,109.78 against Ihab Gamil Dia. (All non-registered users served via U.S. Mail Service.) (akr)
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Filing 58
Mail Returned as Undeliverable re #51 Order on Motion to Dismiss, Order on Report and Recommendation. Mail sent to Ihab Gamil Dia. (bta)
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Filing 57
Mail Returned as Undeliverable re #47 Show Cause Hearing Settlement Conference, Set Hearings. Mail sent to Ihab Gamil Dia. (bta)
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Filing 56
Mail Returned as Undeliverable re #50 Settlement Conference. Mail sent to Ihab Gamil Dia. (bta)
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Filing 55
NOTICE of Hearing on Bill of Costs re #54 Bill of Costs filed by County of San Diego, Jason Ferguson, Sean Gallagher: Hearing set for 12/22/2020 at 01:30 PM. Any opposition or responsive pleading is due 12/18/2020. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call and then contact Angela Rowland at (619) 557-6368 at the time of the hearing. The parties requesting the Bill of Costs hearing are to make the necessary arrangements with the institution to have the Plaintiff appear telephonically for this hearing. (Copy of this Notice of Hearing and of Local Civil Rule 54.1 mailed to Plaintiff.) (no document attached) (akr)
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Filing 54
BILL OF COSTS submitted by Defendants County of San Diego, Jason Ferguson, Sean Gallagher in the amount of $3,583.78. Hearing set for 12/22/2020 at 01:30 PM. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Notice of Appearance to Tax Costs, #6 Memo of Points and Authorities, #7 Declaration, #8 Proof of Service)(Lenert, Ronald). (akr).
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Filing 53
JUDGMENT: Following dismissal without prejudice of Plaintiff Ihab Gamil Dias claims by the Court, IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered for Defendants on all claims in the Complaint. Signed by Judge Roger T. Benitez on 12/1/2020.(All non-registered users served via U.S. Mail Service)(mme)(jrd)
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Filing 52
Mail Returned as Undeliverable re #48 Order. Mail sent to Ihab Gamil Dia. (bta)
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Filing 51
ORDER: (1) Adopting re #43 Report and Recommendation; and (2) Dismissing Action Without Prejudice. Defendants Motion #33 for Terminating Sanctions is therefore denied. However, Plaintiffs continued non-compliance with Orders of this Court warrants dismissal of this case without prejudice. Signed by Judge Roger T. Benitez on 11/9/2020. (All non-registered users served via U.S. Mail Service)(mme)
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Filing 50
Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: The telephonic settlement conference set for November 4, 2020, at 8:30 a.m. did not go forward because Plaintiff failed to appear. (Plaintiff Attorney Failed to appear).(Defendant Attorney Ronald Lenert). (Plaintiff served via U.S. Mail Service at George Bailey Detention Facility 446 Alta Rd San Diego, CA 92158; and 1510 Melrose Avenue, Apt. 131 Vista, CA 92083)(mme)
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Filing 49
Mail Returned as Undeliverable re #47 Show Cause Hearing, Settlement Conference, Set Hearings. Mail sent to Ihab Gamil Dia. (bta)
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Filing 48
MINUTE ORDER: On October 6, 2020, the Court issued a minute order reflecting Plaintiffs failure to appear at a telephonic Order to Show Cause hearing and settlement conference scheduled for October 6, 2020, at 8:30 a.m. At approximately 4:30 p.m. on October 6, 2020, an individual who identified himself as Leon called Judge Brooks's chambers and left a voice mail message on Plaintiffs behalf. Judge Brookss law clerk returned Leon's call the following morning. Leon stated that he is a freelance legal assistant and is assisting Plaintiff with this case. He claimed that Plaintiff was experiencing coronavirus symptoms, had been told to isolate for fourteen days, and missed the Order to Show Cause hearing because he is not allowed to be in public. Leon stated that he (Leon) was supposed to dial into the October 6, 2020 telephonic hearing on Plaintiffs behalf but forgot to do so because he was busy with other matters. Leon also advised that a motion for a continuance of the Order to Show Cause hearing was going to be filed by the end of the day (on October 7, 2020); nothing has been filed as of the date of this order. Signed by Magistrate Judge Ruben B. Brooks on 10/13/2020.(All non-registered users served via U.S. Mail Service)(sxa)
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Filing 47
Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: On September 10, 2020, the Court issued an Order to Show Cause [ECF No. 42]. A telephonic hearing on the Order to Show Cause and a settlement conference were scheduled for October 6, 2020, at 8:30 a.m. Plaintiff failed to appear. Plaintiff also failed to file a response to the Order to Show Cause by the deadline of September 22, 2020. A telephonic settlement conference is set for November 4, 2020, at 8:30 a.m. The Court directs that a copy of this order be mailed to Plaintiff at the address he used prior to his incarceration (listed below) as well as his current docket address at the George F. Bailey Detention Facility. Plaintiff is again reminded that Civil Local Rule 83.11(b) requires him to keep the court and opposing parties advised as to his current address. The failure to do so may result in the case being dismissed for failure to prosecute. (Plaintiff Attorney Failed to appear).(Defendant Attorney Ronald Lenert).(Plaintiff served via U.S. Mail Service at George Bailey Detention Facility 446 Alta Rd San Diego, CA 92158; and 1510 Melrose Avenue, Apt. 131 Vista, CA 92083)(mme)(jrd)
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Filing 46
Mail Returned as Undeliverable re #43 REPORT AND RECOMMENDATION re #33 MOTION to Dismiss filed by County of San Diego, Jason Ferguson, Sean Gallagher. Mail sent to Ihab Gamil Dia. (bta)
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Filing 45
Mail Returned as Undeliverable re #41 Settlement Conference, Set Hearings. Mail sent to Ihab Gamil Dia. (bta)
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Filing 44
Mail Returned as Undeliverable re #42 Order to Show Cause. Mail sent to Ihab Gamil Dia. (bta)
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Filing 43
REPORT AND RECOMMENDATION re Defendant's #33 MOTION to Dismiss filed by County of San Diego, Jason Ferguson, Sean Gallagher Objections to R&R due by 10/2/2020 Replies due by 10/13/2020. Signed by Magistrate Judge Ruben B. Brooks on 09/18/2020.(All non-registered users served via U.S. Mail Service)(mme)
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Filing 42
ORDER TO SHOW CAUSE. Plaintiff failed to comply with the Courts August 12, 2020 order requiring him to appear for the September 10, 2020 telephonic settlement conference. Accordingly, Plaintiff is ORDERED to appear by telephone before the Honorable Ruben B. Brooks on October 6, 2020, at 8:30 a.m. to show cause why sanctions, including dismissal of this action, should not be imposed. Plaintiff must file a response to the order to show cause by September 22, 2020. Defendants may file an optional reply by September 29, 2020. Signed by Magistrate Judge Ruben B. Brooks on 9/10/2020. (Plaintiff served via U.S. Mail Service at George Bailey Detention Facility 446 Alta Rd San Diego, CA 92158; and 1510 Melrose Avenue, Apt. 131 Vista, CA 92083)(mme)
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Filing 41
Minute Order. for proceedings held before Magistrate Judge Ruben B. Brooks:A telephonic settlement conference was held. Plaintiff failed to appear. The Court will separately issue anorder to show cause.A further telephonic settlement conference is set for October 6, 2020, at 8:30 a.m. The parties should accessthe Courts teleconference line using the following information:Dial-in Number: 877-336-1829Access Code: 1944316Security Code: if prompted, bypass security codePlaintiff and counsel for Defendants are required to appear. Failure to attend or obtain proper excuse will beconsidered grounds for sanctions, including dismissal of this action.The Court directs that a copy of this order be mailed to Plaintiff at the address he used prior to his incarceration (listed below) as well as his current docket address at the George F. Bailey Detention Facility. Plaintiff is again reminded that Civil Local Rule 83.11(b) requires him to keep the court and opposing parties advised as to his current address. The failure to do so will result in the case being dismissed for failure to prosecute. (Plaintiff Attorney Failed to Appear).(Defendant Attorney Ronald Lenart, Matthew O'Sullivan). ).(Plaintiff served via U.S. Mail Service at George Bailey Detention Facility 446 Alta Rd San Diego, CA 92158; and 1510 Melrose Avenue, Apt. 131 Vista, CA 92083)(mme)
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Filing 40
Mail Returned as Undeliverable re #36 Settlement Conference, Set Hearings. Mail sent to Ihab Gamil Dia. (bta)
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Filing 39
Mail Returned as Undeliverable re #34 Order Referring Motion. Mail sent to Ihab Gamil Dia. (bta)
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Filing 38
Mail Returned as Undeliverable re #35 Order Setting Briefing Schedule. Mail sent to Ihab Gamil Dia. (bta)
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Filing 37
Mail Returned as Undeliverable re #34 Order Referring Motion. Mail sent to Ihab Gamil Dia. (bta)
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Filing 36
Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:A telephonic settlement conference was held. Plaintiff failed to appear. Counsel for Defendants advised that Plaintiff was released from custody on July 22, 2020, and did not leave any contact information or a forwarding address.A further telephonic settlement conference is set for September 10, 2020, at 8:30 a.m. Plaintiff and counsel for Defendants are required to appear. Failure to attend or obtain proper excuse will be considered grounds for sanctions.The Court directs that a copy of this order be mailed to Petitioner at the address he used prior to his incarceration (listed below) as well as his current docket address at the George F. Bailey Detention Facility. Petitioner should note that Civil Local Rule 83.11(b) requires him to keep the court and opposing parties advised as to his current address. (Plaintiff Failed to appear).(Defendant Attorney Ronald Lenert; Matthew OSullivan).(Plaintiff served via U.S. Mail Service at George Bailey Detention Facility 446 Alta Rd San Diego, CA 92158; and 1510 Melrose Avenue, Apt. 131 Vista, CA 92083)(mme)
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Filing 35
Minute Order. On July 28, 2020, Defendants filed a motion for terminating sanctions [ECF No. #33 ]. On July 30, 2020, District Judge Benitez referred this matter to Magistrate Judge Brooks for a report and recommendation [ECF No. #34 ]. Plaintiffs opposition to the motion shall be filed on or before August 25, 2020. Defendants reply shall be filed on or before September 1, 2020. The matter is calendared for hearing on September 8, 2020, at 10:30 a.m.Unless the Court directs otherwise in advance, the motion will decided on the papers without oral argument and no personal appearances on the hearing date should be made.(Plaintiff served via U.S. Mail Service at George Bailey Detention Facility 446 Alta Rd San Diego, CA 92158; and 1510 Melrose Avenue, Apt. 131 Vista, CA 92083) (mme)
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Filing 34
ORDER REFERRING MOTION For Terminating Sanctions to Magistrate Judge: #33 MOTION to Dismiss filed by County of San Diego, Jason Ferguson, Sean Gallagher. Signed by Judge Roger T. Benitez on 7/30/2020. Motions set before Ruben B. Brooks.(Plaintiff served via U.S. Mail Service at George Bailey Detention Facility 446 Alta Rd San Diego, CA 92158; and 1510 Melrose Avenue, Apt. 131 Vista, CA 92083 (mme).
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Filing 33
MOTION to Dismiss by County of San Diego, Jason Ferguson, Sean Gallagher. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion to Dismiss, #2 Notice of Lodgment in Support of Defendants' Motion to Dismiss, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proof of Service)(Lenert, Ronald) (mme).
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Filing 32
SUPPLEMENTAL DOCUMENT by Ihab Gamil Dia re #26 MOTION for Extension of Time to Complete Discovery. (All non-registered users served via U.S. Mail Service)(mme)
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Filing 31
ORDER Granting In Part #26 Plaintiff's Motion for Extension; Denying #26 Plaintiff's Request for an Order Compelling Defendants' Counsel to Recuse; and Granting In Part #28 Defendant's Request to Continue Deadlines; AMENDED Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Telephonic Settlement Conference set for 8/12/2020 08:30 AM before Magistrate Judge Ruben B. Brooks. Memorandum of Contentions of Fact and Law due by 2/16/2021. Proposed Pretrial Order due by 3/8/2021. Final Pretrial Conference set for 3/15/2021 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Ruben B. Brooks on 6/18/2020. (All non-registered users served via U.S. Mail Service)(mme)
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Filing 30
REPLY to Response to Motion re #28 Ex Parte MOTION to Continue Deadlines filed by County of San Diego, Jason Ferguson, Sean Gallagher. (Attachments: #1 Proof of Service)(Lenert, Ronald) (mme).
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Filing 29
Supplement document by Ihab Gamil Dia re #26 MOTION for Extension. (mme)
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Filing 28
Ex Parte MOTION to Continue Deadlines by County of San Diego, Jason Ferguson, Sean Gallagher. (Attachments: #1 Declaration of Ronald Lenert in Support of Defendants' Request to Continue Deadlines, #2 Proof of Service)(Lenert, Ronald) (mme).
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Filing 27
Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:A telephonic settlement conference was held. Plaintiff and counsel for Defendants each requested an extension of the deadlines in the scheduling order [ECF No. 14]. Plaintiff requested that the dates be extended for one year; Defendants seek an 8-month continuance. The Court informed the parties that a motion to extend dates would be needed prior to considering each requestfor an extension. Plaintiff advised that in February 2020, he submitted a request to continue dates. The Court reviewed the docket during the conference and noted that a letter from Plaintiff had been received by the Clerks Office on February 6, 2020, and was forwarded to the district judges chambers via discrepancy order but had not been filed onto the docket. After the conference call was concluded, the Court contacted the district judges chambers and was later advised that it had Plaintiffs February letter and that it would be accepted for filing. The letter, which among other things includes a request to continue the dates in the schedule for 1-2 years, has now been filed onto thecourts docket as a motion for extension. (See ECF No. 26.) Defendants shall file a response to all the items addressed in Plaintiffs letter on or before May 29, 2020. Plaintiff shall file a reply on or before June 8, 2020.Defendants shall file their motion to extend dates on or before May 29, 2020. Plaintiff shall file any opposition on or before June 8, 2020. Defendants reply is due on or before June 12, 2020. A telephonic attorneys-only settlement conference is set for August 12, 2020, at 8:30 a.m. The parties shall usethe Courts teleconference line using the same call-in information previously provided. Counsel for Defendants shall arrange and coordinate Plaintiffs appearance. (Plaintiff Attorney Ihab Gamil Dia (pro se)).(Defendant Attorney Ronald Lenert; Matthew OSullivan). (All non-registered users served via U.S. Mail Service)(mme)
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Filing 26
MOTION for Extension by Ihab Gamil Dia. Nunc Pro Tunc 2/6/2020 (mme)
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Filing 25
Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting Document: Letter, from Plaintiff Ihab Gamil Dia. Non-compliance with local rule(s), OTHER: Ex parte communication is prohibited.. Nunc Pro Tunc 2/6/2020. Signed by Judge Roger T. Benitez on 5/19/2020.(All non-registered users served via U.S. Mail Service)(mme)
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Filing 24
Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Telephonic Settlement Conference held on 1/15/2020. Plaintiff indicated that he intends to proceed pro se and seek an extension of the deadlines in the scheduling order. A telephonic attorneys-only settlement conference is set for May 19, 2020, at 8:30 a.m. Counsel for Defendants shall initiate the call to the Court. (Plaintiff Attorney Ihab Gamil Dia (pro se)).(Defendant Attorney Ronald Lenert). (All non-registered users served via U.S. Mail Service)(mme)
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Filing 23
Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks: Settlement Conference held on 11/13/2019, Telephonic attorneys-only Settlement Conference set for 1/15/2020 08:30 AM before Magistrate Judge Ruben B. Brooks.)(Plaintiff Attorney Ihab Gamil Dia (pro se). (Defendant Attorney Ronald Lenert). (All non-registered users served via U.S. Mail Service - mailed to updated address)(mme)
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Filing 22
Minute Order for telephonic proceedings held before Magistrate Judge Ruben B. Brooks: Denying #18 Motion to Continue; Telephonic attorneys- only Settlement Conference set for 11/13/2019 08:30 AM before Magistrate Judge Ruben B. Brooks. Plaintiff is required to participate and must provide an updated telephone number to Defendants' counsel prior to the conference. Counsel for Defendants shall initiate the call to the Court. (All non-registered users served via U.S. Mail Service to: 1510 Melrose Avenue, Apt. 131, Vista, CA 92083)(mme)
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Filing 21
Minute Entry by Magistrate Judge Ruben B. Brooks. Telephonic attorneys-only Settlement Conference continued to 9/25/2019 08:30 AM before Magistrate Judge Ruben B. Brooks. (jrm) (jao)
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Filing 19
ORDER Granting Motion to Withdraw as Counsel; Granting #16 Motion for Leave to File Under Seal. Accordingly, good cause appearing, Mr. Munsell's motion is granted. Plaintiff shall have 45 days from the date of this Order to obtain new counsel. If Plaintiff does not respond to this Order within 45 days, the Court will deem Plaintiff as proceeding pro se. The Court directs the Clerk of Court to serve a copy of this Order on Plaintiff. Signed by Judge Roger T. Benitez on 8/1/2019. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 18
MOTION to Continue Deadlines in Scheduling Order by Ihab Gamil Dia. (Attachments: #1 Proposed Order)(Munsell, Clyde) QC Email: Proposed Order.(anh).
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Filing 17
** Filed as Sealed Document 20 on 8/2/2019 ** SEALED LODGED Proposed Document re: #16 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Munsell, Clyde) (rmc). (Main Document 17 replaced on 8/2/2019) (rmc). Modified on 8/2/2019 to add file date of lodgment (rmc).
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Filing 16
MOTION to File Documents Under Seal (With attachments)(Munsell, Clyde) QC mail sent re e-filing of proposed order (rmc).
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Filing 15
MOTION to File Documents Under Seal (Munsell, Clyde) QC mail sent on 7/2/2019; no lodged proposed document (rmc).
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Filing 14
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: Proposed Pretrial Order due by 9/4/2020. Final Pretrial Conference set for 9/14/2020 10:30 AM before Judge Roger T. Benitez.. Signed by Magistrate Judge Ruben B. Brooks on 5/16/2019.(anh)
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Filing 13
Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference: Settlement Conference set for 8/14/2019 08:00 AM before Magistrate Judge Ruben B. Brooks.. Signed by Magistrate Judge Ruben B. Brooks on 5/16/2019.(anh)
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Filing 12
Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks: Early Neutral Evaluation Conference held on 5/16/2019. A telephonic attorneys-only settlement conference is set for August 14, 2019, at 8:00 a.m. Counsel for Plaintiff shall initiate the call.(anh)
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Filing 11
Minute Entry by Magistrate Judge Ruben B. Brooks: On the Court's own motion, the Early Neutral Evaluation Conference set for 5/15/2019 is reset for 10:00 AM (rather than 8:30 AM as previously scheduled). (no document attached) (cdc)
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Filing 10
ORDER Excusing Defendant Sean Gallagher from Personal Attendance at the Early Neutral Evaluation Conference on May 15, 2019. (ECF No. #8 ) Signed by Magistrate Judge Ruben B. Brooks on 5/13/2019. (tcf)(jrd)
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Filing 9
NON Opposition re #8 Ex Parte MOTION to Excuse Appearance of Sean Gallagher at Early Neutral Evaluation, filed by Ihab Gamil Dia. (Munsell, Clyde) (tcf).
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Filing 8
Ex Parte MOTION to Excuse Appearance of Sean Gallagher at Early Neutral Evaluation, by County of San Diego, Jason Ferguson, Sean Gallagher. (Attachments: #1 Proof of Service)(Lenert, Ronald) (anh).
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Filing 7
NOTICE AND ORDER for Early Neutral Evaluation Conference. Signed by Magistrate Judge Ruben B. Brooks on 3/15/2019.(anh)
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Filing 6
ANSWER to #1 Complaint, with Jury Demand by County of San Diego, Jason Ferguson, Sean Gallagher. (Attachments: #1 Proof of Service)(Lenert, Ronald)Attorney Ronald Lenert added to party County of San Diego(pty:dft), Attorney Ronald Lenert added to party Jason Ferguson(pty:dft), Attorney Ronald Lenert added to party Sean Gallagher(pty:dft) (rmc).
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Filing 5
SUMMONS Returned Executed by Ihab Gamil Dia. County of San Diego served. (Munsell, Clyde) (anh).
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Filing 4
WAIVER OF SERVICE Returned Executed by Ihab Gamil Dia, as to Jason Ferguson. (Munsell, Clyde) (anh).
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Filing 3
WAIVER OF SERVICE Returned Executed by Ihab Gamil Dia, as to Sean Gallagher. (Munsell, Clyde) (anh).
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| 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. (jrm) |
| Filing 1 COMPLAINT with Jury Demand against County of San Diego, Jason Ferguson, Sean Gallagher ( Filing fee $ 400 receipt number 0974-11937101.), filed by Ihab Gamil Dia. (Attachments: #1 civil cover sheet)The new case number is 3:18-cv-02676-BEN-RBB. Judge Roger T. Benitez and Magistrate Judge Ruben B. Brooks are assigned to the case. (Munsell, Clyde)(jrm)(sjt). |
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