The Estate of Carlos Escobar Mejia et al v. Archambeault et al
| Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar and Rosa Escobar |
| James Dobson, Josheph Roemmich, Roes 1 through 50, Gregory Archambeault, DOES 1 through 50, Corecivic of Tennessee LLC, Christopher LaRose and United States of America |
| 3:2020cv02454 |
| December 16, 2020 |
| U.S. District Court for the Southern District of California |
| Michael M Anello |
| Karen S Crawford |
| M James Lorenz |
| Civil Rights: Other |
| 28 U.S.C. § 1331 b Fed. Question: Bivens Act |
| Defendant |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
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Filing 67
Order Granting Joint Motion to Stay Discovery as to Gregory Archambeault and James Dobson. Signed by Magistrate Judge Karen S. Crawford on 10/7/22. (jmo)
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Filing 66
Joint MOTION to Stay Discovery as to Defendants Archambeault and Dobson by Gregory Archambeault, James Dobson. (Quast, Paul) (dlg).
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Filing 65
NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation set for 11/10/2022 02:00 PM before Magistrate Judge Karen S. Crawford. Case Management Conference set for 11/10/2022 02:00 PM before Magistrate Judge Karen S. Crawford. Joint Discovery Plan due 11/3/2022. Signed by Magistrate Judge Karen S. Crawford on 9/12/2022.(exs) (jrm).
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Filing 64
Defendant's DEMAND for Trial by Jury by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich. (Keene, Dana) (exs).
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Filing 63
Corecivic Defedants' ANSWER to #29 Plaintiff's Amended Complaint, by Christopher LaRose, Corecivic of Tennessee LLC, Josheph Roemmich.(Keene, Dana) (exs).
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Filing 62
United States' ANSWER to #29 Amended Complaint, Second Amended Complaint by United States of America.(Cordero, Ernest) (exs).
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Filing 61
ORDER granting #60 Motion for Extension of Time to Answer. The CoreCivic Defendants shall have until September 9, 2022, to answer Plaintiffs' Second Amended Complaint. Signed by Judge M. James Lorenz on 8/19/2022. (fth)
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Filing 60
MOTION for Extension of Time to File Answer by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich. (Keene, Dana) (fth).
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Filing 59
ORDER Granting Joint Motion for Extension of Time for Defendant United States to Answer Second Amended Complaint re #58 Motion for Extension of Time to Answer re #29 Amended Complaint. United States of America answer due 9/9/2022. Signed by Judge M. James Lorenz on 8/11/2022. (smy1)(jrd)
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Filing 58
Joint MOTION for Extension of Time to File Answer re #29 Amended Complaint, Second Amended Complaint by United States of America. (Cordero, Ernest) (smy1).
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Filing 57
ORDER Granting in Part and Denying in Part Defendant Corecivic's Partial Motion to Dismiss Plaintiff's Second Amended Complaint #34 Motion to Dismiss. Signed by Judge M. James Lorenz on 8/5/2022. (smy1)(jrd)
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Filing 56
ORDER granting #47 Motion to Dismiss for Lack of Jurisdiction. The Bane Act claim is dismissed without prejudice insofar as it is premised on violations of the United States Constitution against the United States. The Plaintiff's demand for attorneys' fees under the Bane Act in the Prayer for Relief, is STRICKEN in light of Plaintiff's non-opposition to Defendant's request. Signed by Judge M. James Lorenz on 8/3/2022. (fth)
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Filing 55
NOTICE of Supplemental Authority by Gregory Archambeault, James Dobson re #52 MOTION to Dismiss for Failure to State a Claim (Quast, Paul) (fth).
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Filing 54
REPLY to Response to Motion re #52 MOTION to Dismiss for Failure to State a Claim filed by Gregory Archambeault, James Dobson. (Quast, Paul) (fth).
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Filing 53
RESPONSE in Opposition re #52 MOTION to Dismiss for Failure to State a Claim filed by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Proof of Service)(Yoo, Julia) QC Mailer - Attorney Not Associated with Party (fth).
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Filing 52
MOTION to Dismiss for Failure to State a Claim by Gregory Archambeault, James Dobson. (Quast, Paul)Attorney Paul C. Quast added to party Gregory Archambeault(pty:dft), Attorney Paul C. Quast added to party James Dobson(pty:dft) (fth).
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Filing 51
NOTICE of Certification of Scope of Employment by United States of America (Cordero, Ernest) (jpp).
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Filing 50
WAIVER OF SERVICE Returned Executed by Rosa Escobar, Juan Antonio Escobar, Maribel Escobar, as to United States of America. (Attachments: #1 Waiver of Service Executed)(Iredale, Eugene) (jpp).
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Filing 49
REPLY to Response to Motion re #47 MOTION to Dismiss for Lack of Jurisdiction Second Amended Complaint filed by United States of America. (Cordero, Ernest) (jpp).
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Filing 48
RESPONSE in Opposition re #34 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Proof of Service)(Iredale, Eugene) (jpp).
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Filing 47
MOTION to Dismiss for Lack of Jurisdiction Second Amended Complaint by United States of America. (Cordero, Ernest)Attorney Ernest Cordero, Jr added to party United States of America(pty:dft) (jpp).
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Filing 46
PRO HAC APPROVED: Daniel P Struck appearing for Defendants Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich (no document attached) (rmc)
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Filing 45
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16337111.) (Application to be reviewed by Clerk.) (Struck, Daniel) (rmc).
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Filing 44
REPLY to Response to Motion re #34 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich. (Keene, Dana)(jpp).
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Filing 43
ORDER granting #39 extension of time to file an opposition to Corecivic's motion to dismiss Plaintiff's Second Amended Complaint. Signed by Judge M. James Lorenz on 11/16/2021. (jpp)
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Filing 42
RESPONSE to Motion re #39 Ex Parte MOTION for Extension of Time to File an Opposition to Defendant CoreCivic's Motion to Dismiss Plaintiff's Second Amended Complaint filed by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich. (Keene, Dana) (jpp).
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Filing 41
CERTIFICATE OF SERVICE by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia re #39 Ex Parte MOTION for Extension of Time to File an Opposition to Defendant CoreCivic's Motion to Dismiss Plaintiff's Second Amended Complaint, #40 Response in Opposition to Motion (Iredale, Eugene) (jpp).
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Filing 40
RESPONSE in Opposition re #34 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Iredale, Eugene) (jpp).
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Filing 39
Ex Parte MOTION for Extension of Time to File an Opposition to Defendant CoreCivic's Motion to Dismiss Plaintiff's Second Amended Complaint by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Declaration)(Iredale, Eugene) (jpp).
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Filing 38
Minute Order by Judge M. James Lorenz: Pursuant to Civil Local Rule 7.1.d.1, the court takes #34 MOTION to Dismiss Plaintiffs' Second Amended Complaint, under submission and vacates the 11/22/2021 hearing date. Written order to follow.(no document attached) (gac)
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Filing 37
MINUTE ORDER OF TRANSFER. Judge Jeffrey T. Miller is no longer assigned. Case reassigned to Judge M. James Lorenz for all further proceedings. The new case number is 20cv2454-L-KSC.(no document attached) (sjt)
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Filing 36
ORDER (1) Recusing from Case and (2) Requesting Reassignment. Judge Janis L. Sammartino is no longer assigned to this case. The case is reassigned to Judge Jeffrey T. Miller for all further proceedings. The pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 20-cv-02454-JM-KSC. Signed by Judge Janis L. Sammartino on 10/25/2021. (tcf)
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Filing 35
MINUTE ORDER OF TRANSFER. Judge Michael M. Anello is no longer assigned. Case reassigned to Judge Janis L. Sammartino for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 20cv2454-JLS-KSC.(no document attached) (sjt)
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Filing 34
MOTION to Dismiss Plaintiffs' Second Amended Complaint by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich. (Keene, Dana) (tcf).
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Filing 33
SUMMONS Returned Executed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar. United States of America served. (Iredale, Eugene) (tcf).
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Filing 32
NOTICE OF WITHDRAWAL OF DOCUMENT by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia Withdrawal of Doc. 31. (Attachments: #1 Proof of Service Proof of Service of Plaintiff's Withdrawal of Doc 31)(Iredale, Eugene) (tcf).
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Filing 31
***Document withdrawn per ECF #32 *** AMENDED DOCUMENT by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar. Amendment to #29 Amended Complaint, Execute Summons. (Iredale, Eugene) QC mailer sent re: wrong event used (tcf). Modified to withdraw on 10/20/2021 (tcf).
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Filing 30
Summons Issued as to Second Amended Complaint. 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. (tcf)
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Filing 29
AMENDED COMPLAINT with Jury Demand Second Amended Complaint against All Defendants, filed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar. (Attachments: #1 Exhibit Declaration of Rosa Escobar Mejia as successor in interest)New Summons Requested. (Iredale, Eugene) (tcf).
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Filing 28
ORDER Granting in Part and Denying in Part #17 Defendants' Motion to Dismiss. In particular, the Court GRANTS the motion and DISMISSES Claims 1, 2, 3, 4, 5, and 6 as described. In their September 17, 2021 status report, Plaintiffs state that they intend to amend their Complaint to add the United States as a defendant pursuant to the Federal Tort Claims Act, 28 U.S.C. 1346, and anticipate doing so on or before 10/8/2021. See Doc. No. #27 at 2. Accordingly, the Court DIRECTS Plaintiffs to file an amended complaint curing all deficiencies noted herein by 10/8/2021. Signed by Judge Michael M. Anello on 9/27/2021. (tcf)
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Filing 27
STATUS REPORT re: exhaustion of administrative claims under FTCA by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Proof of Service)(Jun, Grace) (tcf).
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Filing 26
Minute Order: The Court DIRECTS Plaintiffs to file a status report regarding the status of any pending administrative claims brought pursuant to the Federal Tort Claims Act, 28 U.S.C. 1346, and related to this case on or before September 22, 2021. SO ORDERED by Judge Michael M. Anello on September 15, 2021.(mac)
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Filing 25
Minute Order Taking Motion Under Submission: Defendants' #17 MOTION to Dismiss is currently set for hearing on June 14, 2021. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7.1.d.1. Accordingly, no appearances are required, and the hearing is taken off calendar. SO ORDERED by Judge Michael M. Anello on June 9, 2021. (no document attached) (mxt)
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Filing 24
REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Complaint filed by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich. (Keene, Dana) (tcf).
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Filing 23
RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Complaint filed by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Declaration of Rosa Escobar Mejia as Successor in Interest to Decedent Carlos Escobar Mejia, #2 Proof of Service)(Jun, Grace) (tcf).
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Filing 22
ORDER Granting Plaintiffs' #21 Ex Parte Motion to Extend Opposition Brief Deadline. The Court EXTENDS the deadline for Plaintiffs to file an opposition brief to 5/26/2021. All other dates and deadlines remain unchanged. Signed by Judge Michael M. Anello on 5/24/2021. (ag)
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Filing 21
Ex Parte MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Complaint by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Declaration Grace Jun, #2 Proof of Service)(Jun, Grace) (ag).
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Filing 20
ORDER Granting #19 Joint Motion to Extend Briefing Schedule and to Continue the Hearing on Defendant's Motion to Dismiss. The Court RESETS the hearing date for Defendants' motion to dismiss to 6/14/2021 at 2:30 PM in Courtroom 3D before Judge Michael M. Anello. The Court MODIFIES the briefing schedule on the pending motion: Plaintiffs' opposition brief is due on or before 5/24/2021, and Defendants' reply brief is due on or before 6/7/2021. Signed by Judge Michael M. Anello on 5/5/2021. (tcf)
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Filing 19
Joint MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Complaint by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Proof of Service)(Jun, Grace)Attorney Grace S. Jun added to party Juan Antonio Escobar(pty:pla), Attorney Grace S. Jun added to party Maribel Escobar(pty:pla), Attorney Grace S. Jun added to party Rosa Escobar(pty:pla), Attorney Grace S. Jun added to party The Estate of Carlos Escobar Mejia (pty:pla) (tcf).
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Filing 18
NOTICE of Party With Financial Interest by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich . No Parties With Financial Interest. (Keene, Dana) (tcf).
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Filing 17
MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiffs' First Amended Complaint by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich. (Attachments: #1 Exhibit A, #2 Exhibit B)(Keene, Dana) (tcf).
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Filing 16
Summons Issued as to First Amended Complaint. 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. (tcf)
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Filing 15
AMENDED COMPLAINT with Jury Demand First Amended Complaint against All Defendants, filed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar. (Attachments: #1 Declaration of Rosa Escobar Mejia as successor in interest) New Summons Requested. (Iredale, Eugene) (tcf).
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Filing 14
ORDER Granting #13 Plaintiffs' Motion for Leave to File First Amended Complaint. The Court ORDERS Plaintiffs to file their first amended complaint on or before 4/15/2021. The Court VACATES the hearing on this motion previously set for April 19, 2021 at 2:30 P.M. Signed by Judge Michael M. Anello on 4/8/2021. (tcf)
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Filing 13
MOTION for Leave to File First Amended Complaint, and Notice of Motion by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia. (Attachments: #1 Memo of Points and Authorities, #2 First Amended Complaint (redlined), #3 Proof of Service)(Iredale, Eugene) (tcf).
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Filing 12
SUMMONS Returned Executed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar. Gregory Archambeault served. (Iredale, Eugene) (tcf).
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Filing 11
WAIVER OF SERVICE Returned Executed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar, as to Josheph Roemmich. (Attachments: #1 Proof of Service)(Iredale, Eugene) (tcf).
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Filing 10
WAIVER OF SERVICE Returned Executed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar, as to Christopher LaRose. (Attachments: #1 Proof of Service)(Iredale, Eugene) (tcf).
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Filing 9
WAIVER OF SERVICE Returned Executed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar, as to Corecivic of Tennessee LLC. (Attachments: #1 Proof of Service)(Iredale, Eugene) (tcf).
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Filing 8
NOTICE of Erratum by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia re #1 Complaint,, (Attachments: #1 Proof of Service)(Iredale, Eugene) QC mailer sent re: no provision for Notice of Errata (tcf).
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Filing 7
SUMMONS Returned Executed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar. Corecivic of Tennessee LLC served. (Iredale, Eugene) (tcf).
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Filing 6
Minute Order Declining Low Number Transfer: Plaintiffs filed a #3 NOTICE of Related Case. Upon due consideration and pursuant to Civil Local Rule 40.1, the Court DECLINES to transfer this action. SO ORDERED by Judge Michael M. Anello on December 21, 2020.(no document attached) (mxt)
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Filing 5
NOTICE Re: Notice of Related Case by Corecivic of Tennessee LLC, Christopher LaRose, Josheph Roemmich re #3 Notice of Related Case (Attachments: #1 Exhibit 1 - Response to Notice of Related Case in Alcantara)(Keene, Dana)Attorney Dana M. Keene added to party Corecivic of Tennessee LLC(pty:dft), Attorney Dana M. Keene added to party Christopher LaRose(pty:dft), Attorney Dana M. Keene added to party Josheph Roemmich(pty:dft) (tcf).
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Filing 4
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. (jmr) (jms).
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Filing 3
NOTICE OF RELATED CASE(S) by Juan Antonio Escobar, Maribel Escobar, Rosa Escobar, The Estate of Carlos Escobar Mejia of case(s) 20-cv-756-DMS-AHG re #1 Complaint. (Iredale, Eugene) (tcf).
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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. (jmr)(jms).
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Filing 1
COMPLAINT with Jury Demand against Gregory Archambeault, Corecivic of Tennessee LLC, DOES 1 through 50, James Dobson, Josheph Roemmich, Roes 1 through 50 ( Filing fee $ 402 receipt number ACASDC-15063566.), filed by Rosa Escobar, Juan Antonio Escobar, The Estate of Carlos Escobar Mejia, Maribel Escobar. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1)The new case number is 3:20-cv-2454-MMA-KSC. Judge Michael M. Anello and Magistrate Judge Karen S. Crawford are assigned to the case. (Iredale, Eugene)(jmr)
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