Eulitt v. City of San Diego
Plaintiff: Sandy A. Eulitt
Defendant: City of San Diego
Case Number: 3:2018cv02721
Filed: December 3, 2018
Court: US District Court for the Southern District of California
Presiding Judge: Anthony J Battaglia
Referring Judge: Cathy Ann Bencivengo
2 Judge: William V Gallo
3 Judge: Janis L Sammartino
4 Judge: Nita L Stormes
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 3601
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2021 Filing 63 CERTIFICATE OF SERVICE by City of San Diego re #62 Reply - Other, Amended Declaration of Service (Guess, Steven) (jrm).
February 16, 2021 Filing 62 REPLY - Other re #50 MOTION to Dismiss Plaintiff Sandy A. Eulitt and all Tenants of all RV Parks in San Diego Since 1968s Third Amended Complaint Reply In Support of Defendant City of San Diegos Motion to Dismiss Plaintiff Sandy A. Eulitt and all Tenants of all RV Parks in San Diego Since 1968s Third Amended Complaint filed by City of San Diego. (Attachments: #1 Proof of Service)(Guess, Steven)(jrm).
January 31, 2021 Filing 61 RESPONSE in Opposition re #50 MOTION to Dismiss Plaintiff Sandy A. Eulitt and all Tenants of all RV Parks in San Diego Since 1968s Third Amended Complaint filed by Sandy A. Eulitt. (Attachments: #1 Memo of Points and Authorities, #2 Affidavit, #3 Proof of Service)(Eulitt, Sandy)
December 7, 2020 Filing 60 Minute Order for proceedings held before Judge Anthony J. Battaglia: Status Hearing held on 12/7/2020. The Court finds as moot #54 Ex Parte MOTION to Continue Hearing on Defendant Motion to Dismiss filed by Sandy A. Eulitt. The Court grants #55 MOTION for Extension of Time to File Response/Reply filed by Sandy A. Eulitt. Plaintiff to file response to #50 MOTION to Dismiss by 1/31/2021. Defendant's reply due by 2/16/2021. The Court will set a motion hearing after the motion is fully briefed, if needed. (Court Reporter/ECR Amanda LeGore). (Plaintiff Attorney Sandy Eulitt).(Defendant Attorney Steven Guess). (no document attached) (lrf)
December 7, 2020 Filing 59 DECLARATION re #58 Supplemental Document, 57 Order,, Terminate Hearings,, Set Hearings, by Plaintiff Sandy A. Eulitt. (Attachments: #1 Proof of Service POS for Plaintiff Declaration dated 12/07/2020, #2 Proof of Service POS for Plaintiff Supplemental Pleading dated 12/02/2020)(Eulitt, Sandy)
December 2, 2020 Filing 58 SUPPLEMENTAL DOCUMENT by Sandy A. Eulitt re #54 Ex Parte MOTION to Continue Hearing on Defendant Motion to Dismiss, #55 Ex Parte MOTION for Extension of Time to File Answer Opposition to Motion to Dismiss . (Eulitt, Sandy)
November 30, 2020 Opinion or Order Filing 57 ORDER BY JUDGE BATTAGLIA, Telephonic Status Hearing is rescheduled for 12/7/2020 at 3:15 PM in Courtroom 4A before Judge Anthony J. Battaglia. Parties should call 888-273-3658 and use access code: 5050565 at the time of the conference.(no document attached) (sc)
November 30, 2020 Opinion or Order Filing 56 ORDER BY JUDGE BATTAGLIA, Scheduling a telephonic Status Hearing for 12/3/2020 at 2:00 PM to discuss Plaintiff's continued request for continuances (Doc. Nos. 55 and 54) and her lack of showing of good cause for the continued request. The parties should call 888-273-3658 and use 5050565 as the access code at 2:00 p.m. (no document attached) (sc)
November 27, 2020 Filing 55 Ex Parte MOTION for Extension of Time to File Answer Opposition to Motion to Dismiss by Sandy A. Eulitt. (Attachments: #1 Proof of Service)(Eulitt, Sandy) Modified event type on 12/7/2020 (lrf).
November 27, 2020 Filing 54 Ex Parte MOTION to Continue Hearing on Defendant Motion to Dismiss by Sandy A. Eulitt. (Attachments: #1 Proof of Service)(Eulitt, Sandy)
October 29, 2020 Opinion or Order Filing 53 ORDER granting #52 Motion for Extension of Time to File Response/Reply as to 51 Order Setting Briefing Schedule. Plaintiff is granted an extension until 11/27/2020 in which to file her opposition to the Motion to Dismiss. Defendant has until December 4, 2020 in which to file a reply. No further extensions of time will be granted absent extraordinary circumstances. (All non-registered users served via U.S. Mail Service)(no document attached) (sc)
October 25, 2020 Filing 52 MOTION for Extension of Time to File Response/Reply as to 51 Order Setting Briefing Schedule, by Sandy A. Eulitt. (Attachments: #1 Proof of Service)(Eulitt, Sandy)
October 22, 2020 Opinion or Order Filing 51 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #50 MOTION to Dismiss Plaintiff Sandy A. Eulitt and all Tenants of all RV Parks in San Diego Since 1968s Third Amended Complaint : Responses due by 11/5/2020; Replies due by 11/12/2020; sur-replies will not be accepted. Motion Hearing set for 1/14/2021 at 2:00 PM before Judge Anthony J. Battaglia.(All non-registered users served via U.S. Mail Service)(no document attached) (sc)
October 21, 2020 Filing 50 MOTION to Dismiss Plaintiff Sandy A. Eulitt and all Tenants of all RV Parks in San Diego Since 1968s Third Amended Complaint by City of San Diego. (Attachments: #1 Memo of Points and Authorities in Support of Defendant City of San Diegos Motion to Dismiss Plaintiff Sandy A. Eulitt and all Tenants of all RV Parks in San Diego Since 1968s Third Amended Complaint, #2 Proof of Service Proof of Service)(Guess, Steven) (jrm).
October 7, 2020 Filing 49 AMENDED COMPLAINT with Jury Demand against City of San Diego, filed by Sandy A. Eulitt. (Attachments: #1 Proof of Service, #2 Exhibit)New Summons Requested. (Eulitt, Sandy)
September 23, 2020 Opinion or Order Filing 48 ORDER granting #47 Motion for Extension of Time to Amend Third Amended Complaint. This is Plaintiff's third request for an extension of time to amend her Third Amended Complaint. In the Court's previous Order granting extension, the Court indicated that no further extensions would be granted absent extraordinary circumstances. The Court will grant Plaintiff an additional two weeks in which to file her Third Amended Complaint to October 7, 2020. No further extensions will be granted. (All non-registered users served via U.S. Mail Service)(no document attached) (sc)
September 17, 2020 Filing 47 MOTION for Extension of Time to Amend #42 Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Motion for Order,,,, Order on Motion for Miscellaneous (Other 2),,,, Order on Motion for Miscellaneous (Other 1),,, by Sandy A. Eulitt. (Attachments: #1 Proof of Service)(Eulitt, Sandy)
August 19, 2020 Opinion or Order Filing 46 ORDER Granting Extension of Time to Respond (Doc. No. #45 ). Plaintiff's Third Amended Complaint is due on or before 9/18/2020. Signed by Judge Anthony J. Battaglia on 8/19/2020. (jrm)
August 13, 2020 Filing 45 Ex Parte MOTION for Extension of Time to Amend #42 Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Motion for Order,,,, Order on Motion for Miscellaneous (Other 2),,,, Order on Motion for Miscellaneous (Other 1),,, by Sandy A. Eulitt. (Attachments: #1 Proof of Service)(Eulitt, Sandy)
July 1, 2020 Opinion or Order Filing 44 ORDER BY JUDGE BATTAGLIA: Granting #43 Motion for Extension of Time to File. Plaintiff is granted an extra 45 days from the date of this Order in which to file her Third Amended Complaint. (All non-registered users served via U.S. Mail Service)(no document attached) (sc)
July 1, 2020 Filing 43 Ex Parte MOTION for Extension of Time to File Third Amended Complaints by Sandy A. Eulitt. (Attachments: #1 Proof of Service POS for Motion for Extension of Time to File)(Eulitt, Sandy)
May 20, 2020 Opinion or Order Filing 42 ORDER (1) Granting Defendant City of San Diego's Motion to Dismiss Plaintiff's Second Amended Complaint; and (2) Denying Joint Motion Regarding Plaintiff Sandy Eulitt's Request for Medical Extension as Moot (Doc. Nos. #34 , #41 ). Defendant's motion to dismiss is granted and the joint motion regarding Plaintiff's request for medical extension is denied as moot. But appearing that amendment would not be futile for Plaintiff's Equal Protection Clause claim, Fair Housing Act claim, and ADA claim, the Court grants Plaintiff leave to amend as to those claims only. Plaintiff is to file an amended complaint consistent with this order within 45 days of this Order, or risk having this case dismissed with prejudice for failure to prosecute. Signed by Judge Anthony J. Battaglia on 5/20/2020. (jrm)
February 10, 2020 Filing 41 Joint MOTION for Order , Joint MOTION Regarding Plaintiff Sandy Eulitt's Request for Medical Extension, MOTION by City of San Diego. (Attachments: #1 Proof of Service)(Guess, Steven) Modified on 2/11/2020 to correct docket text (jrm).
February 3, 2020 Opinion or Order Filing 40 ORDER OF RECUSAL. Judge Janis L. Sammartino is no longer assigned. Case reassigned to Judge Anthony J. Battaglia for all further proceedings. The new case number is 18CV2721-AJB(WVG). Signed by Judge Janis L. Sammartino on 2/03/2020.(jpp).
September 24, 2019 Opinion or Order Filing 39 ORDER vacating hearing on #34 and #38 and taking the matters under submission without oral argument. Signed by Judge Janis L. Sammartino on 9/23/2019.(All non-registered users served via U.S. Mail Service)(jpp)
September 23, 2019 Filing 38 Joint MOTION to Continue Motion to Dismiss by City of San Diego. (Attachments: #1 Proof of Service)(Guess, Steven) (jpp).
September 19, 2019 Filing 37 REPLY - Other re #35 Response in Opposition to Motion, #34 MOTION to Dismiss for Failure to State a Claim and Motion to Strike Supplemental Amicus Curiae Brief filed by City of San Diego. (Attachments: #1 Proof of Service)(Guess, Steven) (jpp).
September 12, 2019 Filing 36 NOTICE of Forthcoming Medical Unavailability of Party by Sandy A. Eulitt (Eulitt, Sandy) (jpp).
September 11, 2019 Filing 35 RESPONSE in Opposition re #34 MOTION to Dismiss for Failure to State a Claim filed by Sandy A. Eulitt. (Attachments: #1 Memo of Points and Authorities, #2 Supplement, #3 Affidavit, #4 Proof of Service)(Eulitt, Sandy) (jpp).
July 29, 2019 Filing 34 MOTION to Dismiss for Failure to State a Claim by City of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Guess, Steven) (jpp).
July 26, 2019 Opinion or Order Filing 33 ORDER denying #2 Plaintiffs' Motion for temporary restraining order. Signed by Judge Janis L. Sammartino on 7/26/2019. (All non-registered users served via U.S. Mail Service)(jpp)
July 22, 2019 Filing 32 NOTICE of Change of Attorney Within the Office of the City Attorney by City of San Diego (Attachments: #1 Proof of Service)(Guess, Steven)Attorney Steven Ray Guess added to party City of San Diego(pty:dft) (jpp).
July 22, 2019 Opinion or Order Filing 31 ORDER denying as moot #26 Defendant's Motion to Dismiss. Signed by Judge Janis L. Sammartino on 7/22/2019. (All non-registered users served via U.S. Mail Service)(jpp)
July 15, 2019 Filing 30 SUMMONS Returned Executed by Sandy A. Eulitt. City of San Diego served. (Eulitt, Sandy) (jpp).
July 15, 2019 Filing 29 SECOND AMENDED COMPLAINT by Sandy A. Eulitt. Amendment to #1 Complaint, Second Amended Complaint. (Attachments: #1 Exhibit Exhibits to Accompany Second Amended Complaint, #2 Exhibit Exhibit 1 to Accompany Second Amended Complaint)(Eulitt, Sandy). Modified on 7/16/2019 to edit text, efiling is an Amended Complaint, efiled as an amended document. (jpp).
June 10, 2019 Opinion or Order Filing 28 ORDER denying as moot #22 Defendant's Motion to Dismiss. Signed by Judge Janis L. Sammartino on 06/10/2019. (All non-registered users served via U.S. Mail Service)(jpp)
May 29, 2019 Filing 27 NOTICE of Change of Address by Sandy A. Eulitt (Attachments: #1 Proof of Service POS for Notice of Change of Address)(Eulitt, Sandy) (jpp).
May 16, 2019 Filing 26 MOTION to Dismiss for Failure to State a Claim Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint by City of San Diego. (Attachments: #1 Memo of Points and Authorities ISO Motion to Dismiss First Amended Complaint, #2 Proof of Service)(Von Wilpert, Marni) (jpp).
May 6, 2019 Filing 25 AFFIDAVIT of Service for Proof of Service served on Marni von Wilpert on May 5, 2019, filed by Sandy A. Eulitt. (Eulitt, Sandy) (jpp).
May 5, 2019 Filing 24 FIRST AMENDED COMPLAINT by Sandy A. Eulitt. Amendment to #1 Complaint, Amended Complaint. (Eulitt, Sandy) (jpp). M
April 23, 2019 Filing 23 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order Defendant's Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction filed by City of San Diego. (Attachments: #1 Proof of Service)(Von Wilpert, Marni) (jpp).
April 23, 2019 Filing 22 MOTION to Dismiss for Failure to State a Claim Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's Complaint by City of San Diego. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss, #2 Proof of Service)(Von Wilpert, Marni) (jpp).
April 16, 2019 Opinion or Order Filing 21 ORDER: (1) Granting #14 Defendant's Motion to Set Aside Default; and (2) Denying as moot #13 Plaintiffs' motion for default judgment. Signed by Judge Janis L. Sammartino on 4/16/2019. (All non-registered users served via U.S. Mail Service)(jpp)
April 3, 2019 Filing 20 Default Judgment for Sum Certain by Sandy A. Eulitt. Nunc Pro Tunc 3/1/2019. (aef)
April 3, 2019 Opinion or Order Filing 19 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: Default Judgment for Sum Certain, from Plaintiff Sandy A. Eulitt. Non-compliance with local rule(s), FRCvP 15 - Supplemental documents require court order. Nunc Pro Tunc 3/1/2019. Signed by Judge Janis L. Sammartino on 4/3/2019.(aef)
March 4, 2019 Opinion or Order Filing 18 ORDER vacating hearing on #13 and #14 set for 3/07/2019 and taking the motions under submission without oral argument. Signed by Judge Janis L. Sammartino on 3/04/2019.(All non-registered users served via U.S. Mail Service)(jpp)
February 28, 2019 Filing 17 REPLY to Response to Motion re #14 MOTION to Set Aside Default Notice of Motion and Motion to Set Aside Default and Opposition to Default Judgment Pursuant to F.R.C.P. 55(c) City of San Diego's Reply to Plaintiffs' Opposition to Defendant's Motion to Set Aside Default Judgment filed by City of San Diego. (Attachments: #1 Declaration Supplemental Declaration of Marni von Wilpert in Support of Its Reply to Plaintiffs' Opposition to Motion to Set Aside Default Judgment, #2 Exhibit 1, #3 Exhibit 2, #4 Proof of Service)(Von Wilpert, Marni) (jpp).
February 20, 2019 Filing 16 RESPONSE in Opposition re #13 MOTION for Default Judgment against City of San Diego, #14 MOTION to Set Aside Default Notice of Motion and Motion to Set Aside Default and Opposition to Default Judgment Pursuant to F.R.C.P. 55(c) Motion for Default Judgment not Opposed filed by Sandy A. Eulitt. (Attachments: #1 Supplement Table of Contents, #2 Memo of Points and Authorities, #3 Affidavit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Eulitt, Sandy)
January 24, 2019 Opinion or Order Filing 15 ORDER GRANTING MOTION TO FILE ELECTRONICALLY re #12 Motion for Leave to Electronically File Documents. Signed by Judge Janis L. Sammartino on 1/24/2019. (All non-registered users served via U.S. Mail Service)(sjm) .
January 15, 2019 Filing 14 MOTION to Set Aside Default Notice of Motion and Motion to Set Aside Default and Opposition to Default Judgment Pursuant to F.R.C.P. 55(c) by City of San Diego. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Set Aside Entry of Default, #2 Declaration of Marni Von Wilpert, #3 Proof of Service)(Von Wilpert, Marni)Attorney Marni Lynn Von Wilpert added to party City of San Diego(pty:dft) (jpp).
January 11, 2019 Filing 13 MOTION for Default Judgment against City of San Diego by Sandy A. Eulitt. (jpp)
January 9, 2019 Filing 12 MOTION for Leave to Electronically File Documents by Sandy A. Eulitt. NUNC PRO TUNC 1/08/2019 (jpp)
January 9, 2019 Opinion or Order Filing 11 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: Plaintiffs Motion for Permission to Electronically File Documents, from Plaintiff Sandy A. Eulitt. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 1/08/2019. Signed by Judge Janis L. Sammartino on 1/09/2019.(All non-registered users served via U.S. Mail Service)(jpp)
January 9, 2019 Filing 10 Clerk's ENTRY OF DEFAULT as to City of San Diego (All non-registered users served via U.S. Mail Service)(jpp)
January 8, 2019 Filing 9 Request for Entry of Clerk Default against City of San Diego (jpp)
December 18, 2018 Filing 8 MOTION for Leave to Electronically File Documents by Sandy A. Eulitt. NUNC PRO TUNC 12/14/2018 (jpp)
December 18, 2018 Opinion or Order Filing 7 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: Plaintiffs Motion for Permission to Electronically File Documents, from Plaintiff Sandy A. Eulitt. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 12/14/2018. Signed by Judge Janis L. Sammartino on 12/18/2018.(All non-registered users served via U.S. Mail Service)(jpp)
December 7, 2018 Opinion or Order Filing 6 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Janis L. Sammartino and Magistrate Judge William V. Gallo for all further proceedings. Judge Cathy Ann Bencivengo, Magistrate Judge Nita L. Stormes no longer assigned to case. Create association to 3:18-cv-02032-JLS-WVG. The new case number is 18cv2721-JLS(WVG). Signed by Judge Cathy Ann Bencivengo on 12/6/2018. Signed by Judge Janis L. Sammartino on 12/5/2018.(All non-registered users served via U.S. Mail Service)(rmc)
December 3, 2018 Filing 5 SUMMONS Returned Executed by Sandy A. Eulitt. City of San Diego served. (anh)
December 3, 2018 Filing 4 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 has been provided to plaintiffs not receiving notice electronically. (cdw)
December 3, 2018 Filing 3 DECLARATION OF SERVICE by Sandy A. Eulitt re #1 Complaint, #2 MOTION for Temporary Restraining Order. (cdw) (jao).
December 3, 2018 Filing 2 MOTION for Temporary Restraining Order by Sandy A. Eulitt. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit)(cdw) (jao).
December 3, 2018 Filing 1 COMPLAINT against City of San Diego ( Filing fee $ 400 receipt number CAS107028), filed by Sandy A. Eulitt. (Attachments: #1 Civil Cover Sheet)The new case number is 3:18-cv-02721-CAB-NLS. Judge Cathy Ann Bencivengo and Magistrate Judge Nita L. Stormes are assigned to the case. (Eulitt, Sandy)(cdw) (jao).

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Plaintiff: Sandy A. Eulitt
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Defendant: City of San Diego
Represented By: Marni Lynn Von Wilpert
Represented By: Steven Ray Guess
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