Lilly et al v. University of California- San Diego et al
| Brian Lilly, Sr. and Brenda Lilly |
| University of California- San Diego, Board of Regents of University of California, Geoff Bond, Katie McGann and Earl W. Edwards |
| 3:2021cv01703 |
| September 30, 2021 |
| US District Court for the Southern District of California |
| Michael S Berg |
| Todd W Robinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 d Civil Rights (Death) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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Filing 45
ORDER granting #43 Joint Motion To Extend Time to Respond to Second Amended Complaint. Responses due by 12/16/2022. Signed by Judge Todd W. Robinson on 12/05/2022. (cxl1)
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| Filing 44 NOTICE by Brenda Lilly, Brian Lilly, Sr re 42 Order,, Set Deadlines, (Attachments: #1 Exhibit A - Redline Second Amended Complaint)(Miltenberg, Andrew) (cxl1). |
| Filing 43 Joint MOTION for Extension of Time to File Response/Reply to Second Amended Complaint by Earl W. Edwards, Katie McGann, University of California- San Diego. (Attachments: #1 [Proposed] Order)(Evenstad, Amy) QC mailer-Proposed orders should not be attached. (cxl1). |
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Filing 42
ORDER Pursuant to the undersigned's Standing Order on Civil Cases, see Civil Standing Order III.A.5, a redline version of Plaintiff's Second Amended Complaint is due by December 2, 2022, showing how the amended pleading differs from the First Amended Complaint. Signed by Judge Todd W. Robinson on 11/28/2022.(no document attached) (seh)
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| Filing 41 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Brian Lilly, Sr, Brenda Lilly. (Miltenberg, Andrew) (fth). |
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Filing 40
ORDER granting #39 Joint Motion for Extension of Time to Amend #14 Amended Complaint. Plaintiffs' Second Amended Complaint is due on or before November 23, 2022. Signed by Judge Todd W. Robinson on 11/1/2022. (fth)
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| Filing 39 Joint MOTION for Extension of Time to Amend #14 Amended Complaint, #1 Complaint, by Brenda Lilly, Brian Lilly, Sr. (Lewis, Nicholas) (fth). |
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Filing 38
ORDER: 1) Vacating Early Neutral Evaluation Conference 2) Denying #37 as Moot Joint Stipulation and Request to Continue the Early Neutral Evaluation Conference and to Excuse Personal Attendance. Signed by Magistrate Judge Michael S. Berg on 10/21/2022. (exs)
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| Filing 37 Joint Stipulation and Request to Continue the Early Neutral Evaluation Conference and to Excuse Personal Attendance by the Individual Defendants (Lewis, Nicholas) (exs). |
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Filing 36
ORDER (1) Granting Bond's Motion To Dismiss; (2) Granting Board OfRegents, Mcgann, And Edwards' Motion To Dismiss; And (3) Denying Defendants' Motion To Strike (ECF Nos. #17 , #18 , #28 ). Plaintiff MAY FILE an amended complaint curing the deficiencies outlined in this Order within fourteen (14) days of the electronic docketing of this Order. Signed by Judge Todd W. Robinson on 10/19/2022. (fth)
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| Filing 35 JOINT DISCOVERY PLAN by Board of Regents of University of California (Evenstad, Amy) (fth). |
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Filing 34
NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 10/25/2022 09:30 AM before Magistrate Judge Michael S. Berg. Joint Discovery Plan due 10/18/2022. Signed by Magistrate Judge Michael S. Berg on 9/26/2022. (fth)
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| Filing 33 REPORT of Rule 26(f) Planning Meeting. (Evenstad, Amy) (fth). |
| Filing 32 REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim Per FRCP 12(b)(1) and (6) Further Reply ISO Re Incorporation by Reference of Email as Extrinsic Evidence filed by Geoff Bond. (Attachments: #1 Proof of Service in support of Motion to Dismiss For Lack of Jurisdiction and Failure to State A Claim)(Winet, Randall) (fth). |
| Filing 31 REPLY - Other re #27 Reply to Response to Motion to Dismiss by Defendant Bond and Briefing on Incorporation By Reference Issue Raised By The Honorable Court filed by Brenda Lilly, Brian Lilly, Sr. (Lewis, Nicholas) (fth). |
| Filing 30 Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 6/30/2022 re MOTION to Dismiss for Failure to State a Claim Per FRCP 12(b)(1) and (6) #17 filed by Geoff Bond. MOTION to Dismiss for Failure to State a Claim of Portions of Plaintiffs First Amended Complaint; MOTION to Strike the Request for Punitive Damages #18 filed by Board of Regents of University of California, Earl W. Edwards, University of California- San Diego, Katie McGann. Motions taken under submission; written order to follow. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Nicholas Lewis). (Defendant Attorney Randall Winet, Stephen Harber). (no document attached) (jao) |
| Filing 29 RESPONSE to Motion re #28 MOTION to Strike #25 Response in Opposition to Motion to Dismiss filed by Brenda Lilly, Brian Lilly, Sr. (Lewis, Nicholas) (fth). |
| Filing 28 MOTION to Strike #25 Response in Opposition to Motion to Dismiss by University of California- San Diego. (Evenstad, Amy) (fth). |
| Filing 27 REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim Per FRCP 12(b)(1) and (6) filed by Geoff Bond. (Attachments: #1 Proof of Service)(Winet, Randall) (fth). |
| Filing 26 REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim of Portions of Plaintiffs First Amended Complaint MOTION to Strike the Request for Punitive Damages filed by University of California- San Diego. (Evenstad, Amy) (fth). |
| Filing 25 RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim Per FRCP 12(b)(1) and (6) filed by Brenda Lilly, Brian Lilly, Sr. (Lewis, Nicholas) (fth). |
| Filing 24 NOTICE OF WITHDRAWAL OF DOCUMENT by Brenda Lilly, Brian Lilly, Sr re #22 Response in Opposition to Motion filed by Brenda Lilly, Brian Lilly, Sr. . (Lewis, Nicholas) (fth). |
| Filing 23 RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim Per FRCP 12(b)(1) and (6) filed by Brenda Lilly, Brian Lilly, Sr. (Miltenberg, Andrew) QC Mailer - Document contains wrong s/ (fth). |
| Filing 22 ***DOCUMENT WITHDRAWN PER #24 NOTICE*** RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim of Portions of Plaintiffs First Amended Complaint MOTION to Strike the Request for Punitive Damages filed by Brenda Lilly, Brian Lilly, Sr. (Lewis, Nicholas) (fth). Modified on 6/28/2022 to withdraw document (fth). |
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Filing 21
ORDER Granting Motion ToExtend Time To Respond ToMotions To Dismiss FirstAmended Complaint (ECF No. #19 ). Plaintiffs SHALL FILE a Response to Defendants Motions to Dismiss on or before June 2, 2022. Defendants MAY FILE Replies in Further Support of Defendants' Motions to Dismiss on or before June 16, 2022. The hearing on the Motions to Dismiss is RESET to June 30, 2022 at 1:30 p.m. Signed by Judge Todd W. Robinson on 5/26/2022. (fth)
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Filing 20
MINUTE ORDER denying as moot #11 Motion for Extension of Time to Answer re #11 Joint MOTION for Extension of Time to File Answer and/or Any Responsive Pleading to Plaintiff's Complaint. Signed by Judge Todd W. Robinson on 5/25/2022. (no document attached) (err)
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| Filing 19 Joint MOTION for Extension of Time to File Answer by Brenda Lilly, Brian Lilly, Sr. (Attachments: #1 Proposed Order)(Lewis, Nicholas) QC Mailer - Proposed orders should not be attached. (fth). |
| Filing 18 MOTION to Dismiss for Failure to State a Claim of Portions of Plaintiffs First Amended Complaint, MOTION to Strike the Request for Punitive Damages by Board of Regents of University of California, Earl W. Edwards, Katie McGann, University of California- San Diego. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Evenstad, Amy)Attorney Amy Arseneaux Evenstad added to party Earl W. Edwards(pty:dft), Attorney Amy Arseneaux Evenstad added to party Katie McGann(pty:dft) (fth). |
| Filing 17 MOTION to Dismiss for Failure to State a Claim Per FRCP 12(b)(1) and (6) by Geoff Bond. (Attachments: #1 Memo of Points and Authorities in support of Motion to Dismiss, #2 Proof of Service of Motion to Dismiss)(Winet, Randall)Attorney Randall L Winet added to party Geoff Bond(pty:dft) (fth). |
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Filing 16
ORDER granting #15 Joint Motion for Extension of Time to Answer. Defendants shall file their response to Plaintiffs First Amended Complaint on or beforeMarch 23, 2022. Signed by Judge Todd W. Robinson on 3/9/2022. (fth)
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| Filing 15 Joint MOTION for Extension of Time to File Answer and/or Any Responsive Pleading to Plaintiff's Complaint by Board of Regents of University of California. (Attachments: #1 Proposed Order)(Evenstad, Amy) (fth). |
| Filing 14 AMENDED COMPLAINT with Jury Demand against Board of Regents of University of California, Geoff Bond, Earl W. Edwards, Katie McGann, University of California- San Diego, filed by Brian Lilly, Sr, Brenda Lilly. (Miltenberg, Andrew) (fth). |
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Filing 13
ORDER granting #12 Joint Motion for Extension of Time to Respond to Initial Complaint. Defendants shall file their response to Plaintiffs' Initial Complaint on or before February 18, 2022. Signed by Judge Todd W. Robinson on 1/19/2022. (fth)
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| Filing 12 Joint MOTION for Extension of Time to File a Responsive Pleading by Agreement and Stipulation of Parties by Board of Regents of University of California. (Evenstad, Amy)Attorney Amy Arseneaux Evenstad added to party Board of Regents of University of California(pty:dft) (fth). |
| Filing 11 Joint MOTION for Extension of Time to File Answer and/or Any Responsive Pleading to Plaintiff's Complaint by University of California- San Diego. (Evenstad, Amy)Attorney Amy Arseneaux Evenstad added to party University of California- San Diego(pty:dft) (dxf). |
| Filing 10 WAIVER OF SERVICE Returned Executed by Brian Lilly, Sr, Brenda Lilly, as to Board of Regents of University of California, Geoff Bond, Earl W. Edwards, Katie McGann, University of California- San Diego. (Attachments: #1 Waiver of Service - Executed - Earl Edwards, #2 Waiver of Service - Executed - Geoff Bond, #3 Waiver of Service - Executed - Katie McGann, #4 Waiver of Service - Executed - UCSD)(Lewis, Nicholas) QC Mailer - wrong PDF attached. Atty filed Notice of a lawsuit instead of the actual waiver (fth). |
| Filing 9 PRO HAC APPROVED: Andrew Todd Miltenberg, Nicholas Evan Lewis appearing for Plaintiffs Brenda Lilly, Brian Lilly, Sr (no document attached) (rmc) |
| Filing 8 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Lewis, Nicholas) (rmc). |
| Filing 7 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Miltenberg, Andrew) (rmc). |
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Filing 6
ORDER Denying the Pro Hac Vice Application of Nicholas E. Lewis, re #4 Request to Appear Pro Hac Vice. Signed by Judge Todd W. Robinson on 10/1/2021.(rmc)
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Filing 5
ORDER Denying the Pro Hac Vice Application of Andrew T. Miltenberg, re #3 Request to Appear Pro Hac Vice. Signed by Judge Todd W. Robinson on 10/1/2021.(rmc)
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| Filing 4 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16183003.) (Application to be reviewed by Clerk.) (Lewis, Nicholas) (rmc). |
| Filing 3 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16183000.) (Application to be reviewed by Clerk.) (Miltenberg, Andrew) (rmc). |
| 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. (sjt) |
| Filing 1 COMPLAINT against Board of Regents of University of California, Geoff Bond, Earl W. Edwards, Katie McGann, University of California- San Diego ( Filing fee $ 402 receipt number ACASDC-16180330). Filed by Brian Lilly, Sr, Brenda Lilly. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-1703-TWR-MSB. Judge Todd W. Robinson and Magistrate Judge Michael S. Berg are assigned to the case. (Stark, Susan)(sjt) |
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