Sussman et al v. San Diego Police Dept. et al
| Nancy Sussman and Michael Sussman Estate Thereof by and Thru his Special Administer for the Estate |
| CHP Office Parra, Board of Registered Nursing, Officer Jordan, DMV Director Gordon, Brent, Discrimination, Violation of Due Process, False Arrest, SDPD Chief David Nieslt, San Diego Police Dept., Joel Johnson, Dr Prakish Bhabia M.D., Officer Tharp, Esperanza Martinez City Attorney Office, Nicole Mondecelo, Alfonso Martinez, Officers 1-400, California Highway Patrol Dept of Motor Vehicles, Anders Holthaus, Detective Curtis, Offiers Pickard, Wendy Patrick, Officer Highhorse, Summer Stephen in her Role as District Attorney and Individually, AllState Insurance Company, Bay View Hospital, Chief Watson, Shelley Zimmerman, Mary Johnson, Mara Elliot, Kenneth So, Gregory Pollack, Esperanza Martinez, Ryan Scott, City Attorney Office and Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital |
| 3:2020cv01085 |
| June 15, 2020 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Cathy Ann Bencivengo |
| Linda Lopez |
| Bernard G Skomal |
| Assault Libel & Slander |
| 28 U.S.C. § 1331 dp |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.
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Filing 62
MOTION to Dismiss for Failure to State a Claim First Amended Complaint by Wendy Patrick, Summer Stephen in her Role as District Attorney and Individually. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Ortiz, Robert)Attorney Robert A Ortiz added to party Wendy Patrick(pty:dft), Attorney Robert A Ortiz added to party Summer Stephen in her Role as District Attorney and Individually(pty:dft)
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Filing 61
MOTION to Dismiss First Amended Complaint by CHP Office Parra. (Baxter, Douglas)
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Filing 60
MOTION to Dismiss for Failure to State a Claim by Alfonso Martinez, Esperanza Martinez. (Attachments: #1 Memo of Points and Authorities Points and Authorities in Support of Defendants Alfonso Martinez and Esperanza Martinezs Rule 12(b)(6) Motion to Dismiss Plaintiffs First Amended Complaint and Concurrent Anti-SLAPP Motion Pursuant to CCP 425.16 to Dismiss State Law Claims, or, in the Alternative, Rule 12(e) Motion for a More Definite Statement, #2 Request for Judicial Notice Request for Judicial Notice in Support of Defendants Alfonso Martinez and Esperanza Martinezs Rule 12(b)(6) Motion to Dismiss Plaintiffs First Amended Complaint and Concurrent Anti-SLAPP Motion Pursuant to CCP 425.16 to Dismiss State Law Claims, or, in the Alternative, Rule 12(e) Motion for a More Definite Statement, #3 Proof of Service Certificate of Service)(Konoske, Gregory) (anh).
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Filing 59
ORDER Setting Briefing Schedule on Motions to Dismiss [Doc. Nos. #55 , #56 #57 ]. Signed by Judge Cathy Ann Bencivengo on 8/11/2020.(All non-registered users served via U.S. Mail Service)(anh)
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Filing 58
Corporate Disclosure Statement by AllState Insurance Company. No Corporate Parents/Interested Parties. (Attachments: #1 Proof of Service)(Warren, Andrea) (anh).
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Filing 57
MOTION to Dismiss for Failure to State a Claim (on Plaintiffs' Fifth and Ninth Cause of Actions) by AllState Insurance Company. (Attachments: #1 Request for Judicial Notice in Support of Motion to Dismiss, #2 Proof of Service)(Warren, Andrea) (anh).
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Filing 56
MOTION to Dismiss Plaintiffs Nancy Sussman And Michael Sussman Estates Thereof By And Thru His Special Administer For The Estates First Amended Complaint Or, In The Alternative, Motion For A More Definite Statement by City Attorney Office, Mara Elliot, Officer Jordan, SDPD Chief David Nieslt, San Diego Police Dept., Ryan Scott, Shelley Zimmerman. (Attachments: #1 Memo of Points and Authorities In Support Of The Specially Appearing San Diego Defendants Motion To Dismiss Plaintiffs Nancy Sussman And Michael Sussman Estates Thereof By And Thru His Special Administer For The Estates First Amended Complaint Or, In The Alternative, Motion For A More Definite Statement, #2 Proof of Service)(Guess, Steven) (anh).
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Filing 55
MOTION to Dismiss for Failure to State a Claim by Gregory Pollack, Kenneth So. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice Part 1 of 2, #3 Request for Judicial Notice Part 2 of 2)(Green, Matthew) (anh).
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Filing 54
MINUTE ORDER: In light of the amended complaint [Doc. No. #53 ], the pending motions to dismiss the original complaint [Doc. Nos. #33 , #34 , #36 , #40 , #41 , #48 , #49 ] and related request for oral argument [Doc. No. #45 are DENIED AS MOOT. It is SO ORDERED. (All non-registered users served via U.S. Mail Service)(anh)
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Filing 53
AMENDED COMPLAINT with Jury Demand against AllState Insurance Company, Bay View Hospital, Board of Registered Nursing, Brent, CHP Office Parra, California Highway Patrol Dept of Motor Vehicles, Chief Watson, City Attorney Office, DMV Director Gordon, Detective Curtis, Discrimination, Violation of Due Process, False Arrest, Dr Prakish Bhabia M.D., Mara Elliot, Anders Holthaus, Joel Johnson, Mary Johnson, Alfonso Martinez, Esperanza Martinez, Michael Sussman Estate Thereof by and Thru his Special Administer for the Estate, Nicole Mondecelo, Officer Highhorse, Officer Jordan, Officer Tharp, Officers 1-400, Offiers Pickard, Wendy Patrick, Gregory Pollack, Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital, SDPD Chief David Nieslt, San Diego Police Dept., Ryan Scott, Kenneth So, Summer Stephen in her Role as District Attorney and Individually, Shelley Zimmerman, filed by Nancy Sussman. (anh)
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Filing 52
CERTIFICATE OF SERVICE Filed by Plaintiff Nancy Sussman re: Service of Amended Summons. (anh)
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Filing 51
ORDER Denying #47 Plaintiff's Ex Parte Motion for Recusal of the Magistrate Judge. Signed by Magistrate Judge Linda Lopez on 7/20/20. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 50
CERTIFICATE OF SERVICE by CHP Office Parra re #49 MOTION to Dismiss Complaint (Baxter, Douglas) (anh).
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Filing 49
MOTION to Dismiss Complaint by CHP Office Parra. (Baxter, Douglas)Attorney Douglas E Baxter added to party CHP Office Parra(pty:dft) (anh).
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Filing 48
MOTION to Dismiss Plaintiffs Nancy Sussman And Michael Sussman Estates Thereof By And Thru His Special Administer For The Estates Complaint by City Attorney Office, Mara Elliot, Officer Jordan, SDPD Chief David Nieslt, San Diego Police Dept., Ryan Scott, Shelley Zimmerman. (Attachments: #1 Memo of Points and Authorities in Support of Specially Appearing San Diego Defendants' Motion to Dismiss, #2 Proof of Service)(Guess, Steven)Attorney Steven Ray Guess added to party City Attorney Office(pty:dft), Attorney Steven Ray Guess added to party Mara Elliot(pty:dft), Attorney Steven Ray Guess added to party Officer Jordan(pty:dft), Attorney Steven Ray Guess added to party SDPD Chief David Nieslt(pty:dft), Attorney Steven Ray Guess added to party San Diego Police Dept.(pty:dft), Attorney Steven Ray Guess added to party Ryan Scott(pty:dft), Attorney Steven Ray Guess added to party Shelley Zimmerman(pty:dft) (anh).
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Filing 46
NOTICE of Appearance by Andrea Warren on behalf of AllState Insurance Company (Attachments: #1 Proof of Service Proof of Service)(Warren, Andrea)Attorney Andrea Warren added to party AllState Insurance Company(pty:dft) (anh).
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Filing 47
MOTION for Recusal by Nancy Sussman. (anh)
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Filing 44
ANSWER to #1 Complaint, with Jury Demand by Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital.(Swann, Thomas)Attorney Thomas C. Swann added to party Prime Healthcare Paradise Valley, LLC dba Paradise Valley Hospital(pty:dft) (anh).
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Filing 43
ORDER setting Briefing Schedule on Motions to Dismiss [Doc. Nos. #33 #34 #36 #40 #41 ]. Signed by Judge Cathy Ann Bencivengo on 7/14/2020.(All non-registered users served via U.S. Mail Service)(anh)
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Filing 42
NOTICE of Appearance of Counsel by Phillip Edmond Stephan on behalf of Dr Prakish Bhabia M.D. (Attachments: #1 Proof of Service)(Stephan, Phillip)Attorney Phillip Edmond Stephan added to party Dr Prakish Bhabia M.D.(pty:dft) (anh).
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Filing 41
Amended MOTION to Amend/Correct #40 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted by Gregory Pollack, Kenneth So. (Green, Matthew) (anh).
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Filing 45
Request for Oral Argument by Nancy Sussman. (anh)
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Filing 40
MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted by Gregory Pollack, Kenneth So. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice Part 1, #3 Request for Judicial Notice Part 2)(Green, Matthew)Attorney Matthew L Green added to party Gregory Pollack(pty:dft), Attorney Matthew L Green added to party Kenneth So(pty:dft) (anh).
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Filing 39
Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Rejecting Document: Ex parte letter, from Plaintiff Nancy Sussman. Non-compliance with local rule(s), OTHER: Ex Parte communication is prohibited., Rejected document was returned to the filer. Signed by the chambers of Judge Cathy Ann Bencivengo on 7/10/2020.(All non-registered users served via U.S. Mail Service)(anh) (Additional attachment(s) added on 7/10/2020: #1 Rejected Document) (anh).
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Filing 38
CERTIFICATE OF SERVICE by Nancy Sussman (anh)
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Filing 37
CERTIFICATE OF SERVICE by AllState Insurance Company re #36 MOTION to Dismiss (Klee, Peter) (anh).
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Filing 36
MOTION to Dismiss by AllState Insurance Company. (Attachments: #1 Request for Judicial Notice iso Allstate's Motion to Dismiss, #2 Exhibit Exhibit A iso Allstate's Motion to Dismiss, #3 Proof of Service)(Klee, Peter)Attorney Peter H. Klee added to party AllState Insurance Company(pty:dft) (anh).
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Filing 35
Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Rejecting Document: Ex parte letter, from Plaintiff Nancy Sussman. Non-compliance with local rule(s), OTHER: Ex Parte Communication with the Judge is Prohibited, Rejected document was returned to the filer. Signed by the chambers of Judge Cathy Ann Bencivengo on 7/7/2020.(All non-registered users served via U.S. Mail Service)(anh) (Additional attachment(s) added on 7/7/2020: #1 Rejected Document) (anh).
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Filing 34
MOTION to Dismiss Plaintiffs Complaint and Concurrent Anti-slapp Motion Pursuant to Ccp 425.16 to Dismiss State Law Claims, Or, in the Alternative, Rule 12(e) Motion for a More Definite Statement by Alfonso Martinez and Esperanza Martinez . (Attachments: #1 Memo of Points and Authorities POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS ALFONSO MARTINEZ AND ESPERANZA MARTINEZS RULE 12(B)(6) MOTION TO DISMISS PLAINTIFFS COMPLAINT AND CONCURRENT ANTI-SLAPP MOTION PURSUANT TO CCP 425.16 TO DISMISS STATE LAW CLAIMS, OR, IN THE ALTERNATIVE, RULE 12(E) MOTION FOR A MORE DEFINITE STATEMENT, #2 Request for Judicial Notice REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS ALFONSO MARTINEZ AND ESPERANZA MARTINEZS RULE 12(B)(6) MOTION TO DISMISS PLAINTIFFS COMPLAINT AND CONCURRENT ANTI-SLAPP MOTION PURSUANT TO CCP 425.16 TO DISMISS STATE LAW CLAIMS, OR, IN THE ALTERNATIVE, RULE 12(E) MOTION FOR A MORE DEFINITE STATEMENT, #3 Proof of Service)(Konoske, Gregory)Attorney Gregory P Konoske added to party Alfonso Martinez(pty:dft) (anh). Modified to add filer Esperanza Martinez on 7/8/2020 (anh).
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Filing 33
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Dr Prakish Bhabia M.D.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Souther, Matthew)Attorney Matthew Ryan Souther added to party Dr Prakish Bhabia M.D.(pty:dft) (anh).
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Filing 32
CERTIFICATE OF SERVICE as to Gregory Pollack (anh)
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Filing 31
CERTIFICATE OF SERVICE as to San Diego Police Dept. (anh)
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Filing 30
CERTIFICATE OF SERVICE as to Kenneth So (anh)
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Filing 29
CERTIFICATE OF SERVICE as to Anders Holthaus (anh)
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Filing 28
CERTIFICATE OF SERVICE as to Mara Elliot (anh)
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Filing 27
CERTIFICATE OF SERVICE as to Joel Johnson, Mary Johnson (anh)
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Filing 26
CERTIFICATE OF SERVICE as to Esperanza Martinez City Attorney Office(anh)
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Filing 25
CERTIFICATE OF SERVICE as to Bay View Hospital (anh)
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Filing 24
CERTIFICATE OF SERVICE as to Dr Prakish Bhabia M.D. (anh) Modified on 7/1/2020 (anh).
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Filing 23
CERTIFICATE OF SERVICE as to DMV Director Gordon (anh)
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Filing 22
CERTIFICATE OF SERVICE as to Shelley Zimmerman (anh)
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Filing 21
CERTIFICATE OF SERVICE as to SDPD Chief David Nieslt (anh)
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Filing 20
CERTIFICATE OF SERVICE as to AllState Insurance Company (anh)
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Filing 19
CERTIFICATE OF SERVICE as to CHP Office Parra (anh)
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Filing 18
CERTIFICATE OF SERVICE as to Officer Tharp (anh)
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Filing 17
CERTIFICATE OF SERVICE as to Offiers Pickard (anh)
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Filing 16
CERTIFICATE OF SERVICE as to Brent (anh)
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Filing 15
CERTIFICATE OF SERVICE as to Detective Curtis (anh)
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Filing 14
CERTIFICATE OF SERVICE as to Nicole Mondecelo (anh)
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Filing 13
CERTIFICATE OF SERVICE as to Officer Jordan (anh)
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Filing 12
CERTIFICATE OF SERVICE as to Officer Highhorse (anh) Modified on 7/1/2020 (anh).
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Filing 11
CERTIFICATE OF SERVICE as to Wendy Patrick (anh)
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Filing 10
CERTIFICATE OF SERVICE as to DMV Director Gordon (anh) Modified on 7/1/2020 (anh).
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Filing 9
CERTIFICATE OF SERVICE as to Summer Stephen in her Role as District Attorney and Individually (anh) Modified on 7/1/2020 (anh).
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Filing 8
CERTIFICATE OF SERVICE as to Nicole Mondecelo (anh) Modified on 7/1/2020 (anh).
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Filing 7
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. (smd)
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Filing 6
MINUTE ORDER OF RECUSAL. Magistrate Judge Daniel E. Butcher is no longer assigned. Case randomly reassigned to Magistrate Judge Linda Lopez for all further proceedings. The new case number is 20cv1085 CAB (LL).(All non-registered users served via U.S. Mail Service)(no document attached) (jcj)
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Filing 5
MOTION to Recuse Magistrate Judge Daniel E. Butcher by Nancy Sussman. (anh)
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Filing 4
ORDER OF TRANSFER. Magistrate Judge Bernard G. Skomal is no longer assigned. Case reassigned to Magistrate Judge Daniel E. Butcher for all further proceedings. The new case number is 20-cv-1085-CAB-DEB. Signed by Magistrate Judge Bernard G. Skomal on 6/17/2020.(All non-registered users served via U.S. Mail Service)(anh)
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Filing 3
MINUTE ORDER OF RECUSAL. Judge Michael M. Anello is no longer assigned. Case reassigned to Judge Cathy Ann Bencivengo for all further proceedings. The new case number is 20cv1085-CAB-BGS.(All non-registered users served via U.S. Mail Service)(no document attached) (sjt)
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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. Summons has been provided to plaintiffs not receiving notice electronically. (jmr) (jms).
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Filing 1
COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number CAS122073.), filed by Michael Sussman Estate Thereof by and Thru his Special Administer for the Estate, Nancy Sussman. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-1085-MMA-BGS. Judge Michael M. Anello and Magistrate Judge Bernard G. Skomal are assigned to the case.(jmr) (jms).
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