Nielsy v. County of San Diego et al
Samy Nielsy |
Supreme Court of San Diego, County of San Diego, David Nisleit, Does 1 to 5 of the San Diego Harbor Police, City of San Diego, San Diego Police Dept., San Diego Sheriff's Department, Does 1 to 5 of the California High Way Patrol, Elias Estrada, Peter Doft, Peter Deddeh, Kevin Faulconer, San Diego Harbor Police, Nicole Patchinco, Does 1 to 10 of the San Diego Sheriff's Department, Does 1 to 5 of the County of San Diego, Does 1 to 10 of the San Diego Supreme Court, Does 1 to 10 of the San Diego Police Dept., Kevin Moyna, California High Way Patrol, Vanessa Ross and Superior Court of San Diego |
3:2018cv02910 |
December 31, 2018 |
US District Court for the Southern District of California |
Karen S Crawford |
Barry Ted Moskowitz |
Civil Rights: Other |
42 U.S.C. § 1983 cv Civil Rights Act - Civil Action for Deprivation of Rights |
Plaintiff |
Docket Report
This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.
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Filing 67 Mail Returned as Undeliverable re #54 Clerk's Judgment. Mail sent to Samy Nielsy. (bta) |
Filing 66 Mail Returned as Undeliverable re #53 Order Dismissing Case. Mail sent to Samy Nielsy. (bta) |
Filing 65 Mail Returned as Undeliverable re #52 Order. Mail sent to Samy Nielsy. (bta) |
Filing 64 Mail Returned as Undeliverable re #50 Order on Motion to Dismiss for Failure to State a Claim. Mail sent to Samy Nielsy. (bta) |
Filing 63 Mail Returned as Undeliverable re 49 Order, Motions Submitted. Mail sent to Samy Nielsy. (bta) |
Filing 62 Mail Returned as Undeliverable re #48 Notice (Other. Mail sent to Samy Nielsy. (bta) |
Filing 61 Mail Returned as Undeliverable re #47 Notice (Other). Mail sent to Samy Nielsy. (bta) |
Filing 60 Mail Returned as Undeliverable re #46 Notice (Other). Mail sent to Samy Nielsy. (bta) |
Filing 59 Mail Returned as Undeliverable re #45 Notice and Order of Document Discrepancies. Mail sent to Samy Nielsy. (bta) |
Filing 58 Mail Returned as Undeliverable re #44 Notice of Appearance. Mail sent to Samy Nielsy. (bta) |
Filing 57 Mail Returned as Undeliverable re #43 Notice (Other. Mail sent to Samy Nielsy. (bta) |
Filing 56 Mail Returned as Undeliverable re #42 Jury Demand. Mail sent to Samy Nielsy. (bta) |
Filing 55 Mail Returned as Undeliverable re #41 Notice and Order of Document Discrepancies. Mail sent to Samy Nielsy. (bta) |
Filing 54 CLERK'S JUDGMENT. Plaintiff has failed to replead or otherwise communicate with this Court. Upon due consideration, this action is hereby DISMISSED WITHOUT PREJUDICE and the Clerk shall close this case.(All non-registered users served via U.S. Mail Service)(sxa) |
Filing 53 ORDER DISMISSING CASE Without Prejudice. Signed by Judge Barry Ted Moskowitz on 7/24/2020.(All non-registered users served via U.S. Mail Service)(sxa) |
Filing 52 ORDER Extending Deadline for Plaintiff to Replead. Plaintiff shall file his second amended complaint on or before 07/17/2020. Signed by Judge Barry Ted Moskowitz on 6/10/2020.(All non-registered users served via U.S. Mail Service)(sxa) |
Filing 51 Mail Returned as Undeliverable re #50 Order on Motion to Dismiss for Failure to State a Claim. Mail sent to Samy Nielsy. (bta) |
Filing 50 ORDER Requiring Plaintiff to Replead and Denying Without Prejudice Defendant's Motion to Dismiss Plaintiff's First Amended Complaint with Leave to Amend. [ECF NOS. #22 #23 #24 #25 #26 ]. The Court Orders Plaintiff to amend his First Amended Complaint by filing a Second Amended Complaint that includes all of his allegations in one document on or before 06/15/2020. Signed by Judge Barry Ted Moskowitz on 5/8/2020. (All non-registered users served via U.S. Mail Service)(sxa) (rmc). |
Filing 48 NOTICE of Change of Handling Attorney of Defendants Nicole Pacheco and Sofia Mosqueda by Nicole Patchinco (Vanden Heuvel, Tim)Attorney Tim Jude Vanden Heuvel added to party Nicole Patchinco(pty:dft) (jpp). |
Filing 47 NOTICE of Change of Attorney by City of San Diego, Elias Estrada, Kevin Faulconer, Kevin Moyna, David Nisleit, San Diego Police Dept. (Attachments: #1 Proof of Service)(Poplin, Jennifer) (sjm). |
Filing 46 ACCEPTED NUNC PRO TUNC 8/30/2019: NOTICE of Rogatory Appointment by Samy Nielsy (All non-registered users served via U.S. Mail Service)(sjm) |
Filing 45 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc 8/30/2019 : Notice of Rogatory Appointment, from Plaintiff Samy Nielsy. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Signed by Judge Barry Ted Moskowitz on 9/9/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 44 NOTICE of Appearance by Lucy Ann Manfre on behalf of City of San Diego, Elias Estrada, Kevin Faulconer, Kevin Moyna, David Nisleit, San Diego Police Dept. (Attachments: #1 Proof of Service)(Manfre, Lucy) (sjm). |
Filing 43 NOTICE Disassociation of Counsel by City of San Diego, Elias Estrada, Kevin Faulconer, Kevin Moyna, David Nisleit, San Diego Police Dept. (Attachments: #1 Proof of Service)(Manfre, Lucy)Attorney Lucy Ann Manfre added to party City of San Diego(pty:dft), Attorney Lucy Ann Manfre added to party Elias Estrada(pty:dft), Attorney Lucy Ann Manfre added to party Kevin Faulconer(pty:dft), Attorney Lucy Ann Manfre added to party Kevin Moyna(pty:dft), Attorney Lucy Ann Manfre added to party David Nisleit(pty:dft), Attorney Lucy Ann Manfre added to party San Diego Police Dept.(pty:dft) (sjm). |
Filing 42 ACCEPTED NUNC PRO TUNC 5/30/2019: DEMAND for Trial; Change of Address by Jury by Samy Nielsy. (All non-registered users served via U.S. Mail Service)(sjm) |
Filing 41 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc 5/30/2019 : Jury Demand; Change of Address, from Plaintiff Samy Nielsy. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.2 - Missing Proof of Service. Signed by Judge Barry Ted Moskowitz on 6/3/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 49 MINUTE ORDER, Motions Submitted #24 MOTION to Dismiss for Failure to State a Claim , #25 MOTION to Dismiss with Prejudice, #23 MOTION to Dismiss for Failure to State a Claim , #26 MOTION to Dismiss for Failure to State a Claim , #22 MOTION to Dismiss for Failure to State a Claim Amended Complaint (no document attached) (rfm) |
Filing 40 NOTICE of Appearance by Jennifer Marie Martin on behalf of Vanessa Ross (Attachments: #1 Proof of Service)(Martin, Jennifer)Attorney Jennifer Marie Martin added to party Vanessa Ross(pty:dft) (ag). |
Filing 39 NOTICE of No Filing of Any Opposition to Defendants Nichole Pacheco and Sofia Mosqueda's Motion to Dismiss by Nicole Patchinco re #26 MOTION to Dismiss for Failure to State a Claim (Price, William) (ag). |
Filing 38 NOTICE of No Filing of any Opposition to Defendants' Motion to Dismiss by City of San Diego, Elias Estrada, Kevin Faulconer, Kevin Moyna, David Nisleit, San Diego Police Dept. re #24 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Proof of Service)(Poplin, Jennifer) (sjm). |
Filing 37 NOTICE Of Lack Of Opposition To Defendant Vanessa Ross Motion To Dismiss Amended Complaint by Vanessa Ross (Attachments: #1 Proof of Service)(Katz, Alexa) (sjm). |
Filing 36 REPLY - Other re #25 MOTION to Dismiss with Prejudice filed by Peter Deddeh, Peter Doft, Superior Court of San Diego. (Attachments: #1 Proof of Service)(Washington, Susanne) (sjm). |
Filing 35 ** DOCUMENT STRICKEN PER ORDER #34 ** ACCEPTED NUNC PRO TUNC 4/12/2019: CORPORATE DENIAL AFFIDAVIT by Plaintiff Samy Nielsy. (All non-registered users served via U.S. Mail Service)(sjm) (Additional attachment(s) added on 4/25/2019: # 1 Affidavit) (sjm). (Main Document 35 replaced on 4/25/2019) (sjm). Modified on 4/25/2019 (sjm). |
Filing 34 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc 4/12/2019: Corporate Denial Affidavit, from Plaintiff Samy Nielsy. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Supplemental documents require court order, OTHER: Civ.L. Rule 5.2 - Missing Proof of Service. Signed by Judge Barry Ted Moskowitz on 4/25/2019.(All non-registered users served via U.S. Mail Service)(sjm) (Additional attachment(s) added on 4/25/2019: Stricken Document #1 Affidavit) (sjm). Modified on 4/25/2019 (sjm). |
Filing 33 ACCEPTED NUNC PRO TUNC 4/12/2019: MOTION Demand For Validation Of Subscribed Oath of Office and Notice by Samy Nielsy. (sjm) |
Filing 32 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc 4/12/2019 : Demand For Validation Of Subscribed Oath of Office and Notice, from Plaintiff Samy Nielsy. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Supplemental documents require court order, OTHER: Civ.L. Rule 5.2 - Missing Proof of Service. Signed by Judge Barry Ted Moskowitz on 4/25/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 31 ORDER STRIKING FROM THE DOCKET SUMMONSES RETURNED EXECUTED LISTING NON-PARTIES re #28 Summons Returned Executed (11); #29 Order to Show Cause. Signed by Judge Barry Ted Moskowitz on 4/25/2019.(All non-registered users served via U.S. Mail Service)(sjm) (Additional attachment(s) added on 4/25/2019: #1 Stricken Document - Summons Returned Executed (11)) (sjm). |
Filing 30 ORDER SETTING PARAMETERS FOR SUBMISSION OF MOTION TO DISMISS BRIEFING ECF Nos #22 , #23 , #24 , #25 , #26 . Motion Hearing set for 5/10/2019 11:00 AM before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 3/14/2019.(All non-registered users served via U.S. Mail Service)(sjm) Modified on 3/15/2019 (sjm). |
Filing 29 ORDER TO SHOW CAUSE WHY SUMMONSES RETURNED EXECUTED LISTING NON-PARTIES SHOULD NOT BE STRICKEN FROM THE DOCKET. The Court grants Plaintiff 30 days to show cause, if any, why the summonses listing non-parties should not be stricken from the docket. Signed by Judge Barry Ted Moskowitz on 3/14/2019.(All non-registered users served via U.S. Mail Service)(sjm) Modified on 3/15/2019 (sjm). |
Filing 28 ** DOCUMENT STRICKEN PER ORDER #31 ** SUMMONS Returned Executed(11) by Samy Nielsy. (sjm) (Main Document 28 replaced on 4/25/2019) (sjm). |
Filing 27 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc February 22, 2019: (11)Summons Returned Executed, from Plaintiff Samy Nielsy. Non-compliance with local rule(s), OTHER: Members identified on 11 Summons returned executed are not listed as parties to the action in either the Complaint or the Amended Complaint. Signed by Judge Barry Ted Moskowitz on 3/14/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 26 MOTION to Dismiss for Failure to State a Claim by Nicole Patchinco. (Attachments: #1 Memo of Points and Authorities In Support of Defendants Pacheco and Mosqueda's Motion to Dismiss First Amended Complaint)(Price, William)Attorney William Russell Price added to party Nicole Patchinco(pty:dft) (sjm). |
Filing 25 MOTION to Dismiss with Prejudice by Peter Deddeh, Peter Doft, Superior Court of San Diego. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss Amended Complaint with Prejudice, #2 Proof of Service)(Washington, Susanne)Attorney Susanne C Washington added to party Peter Deddeh(pty:dft), Attorney Susanne C Washington added to party Peter Doft(pty:dft), Attorney Susanne C Washington added to party Superior Court of San Diego(pty:dft) (sjm). |
Filing 24 MOTION to Dismiss for Failure to State a Claim by City of San Diego, Elias Estrada, Kevin Faulconer, Kevin Moyna, David Nisleit, San Diego Police Dept.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit, #4 Proof of Service)(Poplin, Jennifer)Attorney Jennifer Poplin added to party City of San Diego(pty:dft), Attorney Jennifer Poplin added to party Elias Estrada(pty:dft), Attorney Jennifer Poplin added to party Kevin Faulconer(pty:dft), Attorney Jennifer Poplin added to party Kevin Moyna(pty:dft), Attorney Jennifer Poplin added to party David Nisleit(pty:dft), Attorney Jennifer Poplin added to party San Diego Police Dept.(pty:dft) (sjm). |
Filing 23 MOTION to Dismiss for Failure to State a Claim by San Diego Harbor Police. (Attachments: #1 Proof of Service)(Liedle, Matthew)Attorney Matthew John Liedle added to party San Diego Harbor Police(pty:dft) (sjm). |
Filing 22 MOTION to Dismiss for Failure to State a Claim Amended Complaint by Vanessa Ross. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Katz, Alexa)Attorney Alexa Faye Katz added to party Vanessa Ross(pty:dft) (sjm). |
Filing 21 SUMMONS Returned Executed by Samy Nielsy. Kevin Faulconer served. (sjm) |
Filing 20 SUMMONS Returned Executed by Samy Nielsy. Peter Deddeh served. (sjm) |
Filing 19 SUMMONS Returned Executed by Samy Nielsy. Peter Doft served. (sjm) |
Filing 18 SUMMONS Returned Executed by Samy Nielsy. Vanessa Ross served. (sjm) |
Filing 17 SUMMONS Returned Executed by Samy Nielsy. David Nisleit served. (sjm) |
Filing 16 SUMMONS Returned Executed by Samy Nielsy. Kevin Moyna served. (sjm) |
Filing 15 SUMMONS Returned Executed by Samy Nielsy. Elias Estrada served. (sjm) |
Filing 14 SUMMONS Returned Executed by Elias Estrada. Nicole Patchinco served. (sjm) |
Filing 13 ORDER GRANTING PLAINTIFF EXTENDED TIME FOR SERVICE OF PROCESS #12 Motion for Extension of Time to File. Plaintiff has an additional sixty days for service of process. Plaintiff must serve the original defendants no later than May 31, 2019 and the new defendants no later than June 21, 2019.. Signed by Judge Barry Ted Moskowitz on 2/19/2019. (All non-registered users served via U.S. Mail Service)(sjm) |
Filing 12 Motion for Extension of Time regarding Summons Returned Unexecuted by Samy Nielsy (Proof of Service Does Not Indicate Which Defendant Was Unable To Be Served and was returned unsigned). |
Filing 11 AMENDED 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 will be mailed to plaintiffs not receiving notice electronically. (sjm) |
Filing 10 Order Striking Declarations as to Defendants California Highway Patrol and San Diego Sherriffs Department ECFs #6 and #8 . Signed by Judge Barry Ted Moskowitz on 2/1/2019.(All non-registered users served via U.S. Mail Service)(sjm) (Additional attachment(s) added on 2/1/2019: # 6 Affidavit CHP, # 8 Affidavit San Diego Sheriffs) (sjm). |
Filing 9 ORDER GRANTING PLAINTIFF LEAVE TO FILE AMENDED COMPLAINT re ECF #4 . Signed by Judge Barry Ted Moskowitz on 2/1/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 8 AFFIDAVIT of truth San Diego Sheriffs 2019 filed Nunc Pro Tunc 1/30/2019 by Plaintiff Samy Nielsy. (All non-registered users served via U.S. Mail Service)(sjm) (Main Document 8 replaced on 2/1/2019) (sjm). |
Filing 7 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc 1/30/2019: Affidavit of truth San Diego Sheriffs 2019, from Plaintiff Samy Nielsy. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.2 - Missing Proof of Service. Signed by Judge Barry Ted Moskowitz on 2/1/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 6 AFFIDAVIT of truth to CHP 2019 filed Nunc Pro Tunc 1/30/2019, by Plaintiff Samy Nielsy. (All non-registered users served via U.S. Mail Service)(sjm) (Main Document 6 replaced on 2/1/2019) (sjm). |
Filing 5 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc 1/30/2019 : Affidavit of truth to CHP 2019, from Plaintiff Samy Nielsy. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.2 - Missing Proof of Service. Signed by Judge Barry Ted Moskowitz on 2/1/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
Filing 4 AMENDED COMPLAINT with Jury Demand filed Nunc Pro Tunc, 1/22/2019, against California High Way Patrol, City of San Diego, County of San Diego, Peter Deddeh, Does 1 to 10 of the San Diego Police Dept., Does 1 to 10 of the San Diego Sheriff's Department, Does 1 to 10 of the San Diego Supreme Court, Does 1 to 5 of the California High Way Patrol, Does 1 to 5 of the County of San Diego, Does 1 to 5 of the San Diego Harbor Police, Peter Doft, Elias Estrada, Kevin Faulconer, Kevin Moyna, David Nisleit, Nicole Patchinco, Vanessa Ross, San Diego Harbor Police, San Diego Police Dept., San Diego Sheriff's Department, Supreme Court of San Diego, filed by Samy Nielsy. (sjm) Modified on 2/1/2019 (sjm). |
Filing 3 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Nunc Pro Tunc 1/22/2019: Amended Complaint, from Plaintiff Samy Nielsy for Non-compliance with local rule(s), OTHER: Civ.L. Rule 7.1 or 47.1 - Document is not timely. Signed by Judge Barry Ted Moskowitz on 2/1/2019.(All non-registered users served via U.S. Mail Service)(sjm) |
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. Summons has been provided to plaintiffs not receiving notice electronically. (cdw) |
Filing 1 COMPLAINT with Jury Demand against California High Way Patrol, City of San Diego, County of San Diego, Peter Deddeh, Does 1 to 10 of the San Diego Police Dept., Does 1 to 10 of the San Diego Sheriff's Department, Does 1 to 10 of the San Diego Supreme Court, Does 1 to 5 of the California High Way Patrol, Does 1 to 5 of the County of San Diego, Does 1 to 5 of the San Diego Harbor Police, Peter Doft, Elias Estrada, Kevin Faulconer, Kevin Moyna, David Nisleit, Nicole Patchinco, Vanessa Ross, San Diego Harbor Police, San Diego Police Dept., San Diego Sheriff's Department, Supreme Court of San Diego ( Filing fee $ 400 receipt number 1473), filed by Samy Nielsy. (Attachments: #1 Civil Cover Sheet)The new case number is 3:18-cv-02910-BTM-KSC. Judge Barry Ted Moskowitz and Magistrate Judge Karen S. Crawford are assigned to the case. (Nielsy, Samy)(cdw) |
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