O'Shea v. County of San Diego et al
| Mary B. O'Shea |
| DOES 1 through 50, Erica Lee and County of San Diego |
| 3:2019cv01243 |
| July 5, 2019 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Barbara Lynn Major |
| Civil Rights: Other |
| 42 U.S.C. § 1983 bv |
| Defendant |
Docket Report
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Filing 17
ORDER granting Plaintiff's #16 Ex Parte Motion to Continue Hearing Date on Defendant's Motion to Dismiss. Briefing is complete on Defendant's #3 motion to dismiss and no oral argument is set for the motion, therefore, there is no need to continue the hearing date. Court will defer ruling on Defendant's motion for 30 days. Signed by Judge Cynthia Bashant on 8/22/2019. (jah)
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| Filing 16 Ex Parte MOTION to Continue Hearing Date re #3 Motion to Dismiss for Failure to State a Claim by Mary B. O'Shea. (Attachments: #1 Declaration of Mark-Robert Bluemel)(Bluemel, Mark-Robert). Modified on 8/22/2019 - Corrected text (jah). |
| Filing 15 Certificate of Service by Mary B. O'Shea. (Attachments: #1 Certificate of Service of Proof of Service)(Bluemel, Mark-Robert) QC email, missing motion documents. Attorney should withdraw and refile with all documents (dlg). Modified on 8/22/2019 - Attached pdf is not a Motion. Motion and judge association termed . Corrected text to match pleading (jah). |
| Filing 13 Proof of Service on defendant Erica Lee by Mary B. O'Shea. (Bluemel, Mark-Robert). Modified on 8/20/2019 - Pdf is not a Motion, but is Executed Summons. QC Email sent to withdraw entry and refile using correct event. Motion and judge association termed (jah). |
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Filing 14
ORDER granting County's #6 Motion to Quash Service of Process. Court quashes the service of process on Erica Lee in Draper, Utah. Plaintiff is granted 30 days from the date of this Order to serve the correct Erica Lee. Signed by Judge Cynthia Bashant on 8/19/2019. (jah)
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| Filing 12 REPLY to Response to Motion re #3 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego. (Attachments: #1 Declaration of Jeffrey Miyamoto, #2 Proof of Service)(Miyamoto, Jeffrey). (jah). |
| Filing 11 NOTICE of Lack of Opposition by County of San Diego re #6 MOTION to Quash Service of Process on Erica Lee for Insufficient Service of Process (Attachments: #1 Proof of Service)(Miyamoto, Jeffrey). (jah). |
| Filing 10 DECLARATION of Mary B. O'Shea re #9 Response in Opposition to Motion re #3 MOTION to Dismiss for Failure to State a Claim by Mary B. O'Shea. (Bluemel, Mark-Robert). Modified on 8/14/2019 - Wrong event, not a Motion. QC Email sent. Motion and judge association termed. Corrected text and added document link (jah). |
| Filing 9 RESPONSE in Opposition re #3 MOTION to Dismiss for Failure to State a Claim filed by Mary B. O'Shea. (Bluemel, Mark-Robert). (jah). |
| Filing 8 NOTICE of Appearance by Mark-Robert Bluemel on behalf of Mary B. O'Shea. (Bluemel, Mark-Robert). Attorney Mark-Robert Bluemel added to party Mary B. O'Shea (pty:pla). Modified on 8/8/2019 - Wrong event, not a motion. QC Email sent. Motion and judge association termed. Corrected text (jah). |
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Filing 7
Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Rejecting Document: Proof of Service/Declaration of Mary B. O'Shea, from Plaintiff Mary B. O'Shea. Non-compliance with local rule(s), OTHER: Plaintiff has already filed this document #5 . Duplicate filing not permitted, Rejected document was returned to the filer. Signed by Judge Cynthia Bashant on 7/18/2019. (All non-registered users served via U.S. Mail Service) (jah) (Additional attachment(s) added on 7/19/2019: #1 Rejected Document) (jah).
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| Filing 6 MOTION to Quash Service of Process on Erica Lee for Insufficient Service of Process by County of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Erica Lee, #3 Declaration of Jeffrey Miyamoto, #4 Proof of Service)(Miyamoto, Jeffrey). (jah). |
| Filing 5 DECLARATION of Mary B. O'Shea Regarding Service by Plaintiff Mary B. O'Shea. NUNC PRO TUNC 7/15/2019. (All non-registered users served via U.S. Mail Service) (jah) |
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Filing 4
Notice of Document Discrepancies and Order Thereon by Judge Cynthia Bashant Accepting Document: Declaration of Mary B. O'Shea, from Plaintiff Mary B. O'Shea. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: Civ. L. Rule 5.1.j. - Improper title missing name, address, telephone. Nunc Pro Tunc 7/15/2019. (All non-registered users served via U.S. Mail Service)(jah)
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| Filing 3 MOTION to Dismiss for Failure to State a Claim by County of San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A to Request for Judicial Notice, #4 Proof of Service)(Miyamoto, Jeffrey). (jah). |
| Filing 2 CERTIFICATE OF SERVICE: Notice to Adverse Party and State Court of Removal of State Court Action to Federal Court by County of San Diego re #1 Notice of Removal, (Attachments: #1 Exhibit A, #2 Proof of Service)(Miyamoto, Jeffrey). Modified on 7/8/2019 - Wrong event. QC Email sent. Corrected text (jah). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California - County of San Diego, case number 37-2019-00024239-CU-CR-CTL filed by DOES 1 through 50, Erica Lee, County of San Diego (Filing fee $ 400 receipt number 0974-12692801). (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Service)The new case number is 3:19-cv-1243-BAS-BLM. Judge Cynthia Bashant and Magistrate Judge Barbara Lynn Major are assigned to the case.(smd) (jao). |
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