Brockman v. County of San Diego et al
| Chanda Brockman and Juan Carlos Lomeli |
| County of San Diego, Jason Marcusen, Deputy Green #7131, Deputy Phongkhammy #0184, Sergeant Allister #7026, Does 1 through 30, District Attorney Summer Stephan and Deputy District Attorney Jill Lindberg |
| 3:2022cv00512 |
| April 13, 2022 |
| US District Court for the Southern District of California |
| Jill L Burkhardt |
| Gonzalo P Curiel |
| Barbara Lynn Major |
| Dana M Sabraw |
| Andrew G Schopler |
| Civil Rights: Other |
| 28 U.S.C. § 1441 fa Removal - Civil Rights - False Arrest |
| Both |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 41
Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (Z)Mandatory Settlement Conference held on 6/7/2023. Case did not settle. (Plaintiff Attorney Brian Kelly Cline, Robert J. Pecora). (Defendant Attorney Ronald Lenert). (no document attached) (bll)
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Filing 40
ORDER OF TRANSFER. Judge Gonzalo P. Curiel is no longer assigned. Case reassigned to District Judge Andrew G. Schopler 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 22cv512-AGS-BLM. Signed by Judge Gonzalo P. Curiel on 3/17/23.(jmo)
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Filing 39
Order Resetting Mandatory Settlement Conference. Videoconference Mandatory Settlement Conference reset for 6/7/2023 at 09:30 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 3/15/23.(jmo)
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Filing 38
Order Granting Joint Motion for Protective Order (ECF No. #37 ). Signed by Magistrate Judge Barbara Lynn Major on 1/26/23. (jmo)
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Filing 37
Joint MOTION for Protective Order by County of San Diego, Deputy Green #7131, Jason Marcusen, Sergeant Allister #7026. (Attachments: #1 Proof of Service)(Lenert, Ronald) (jmo).
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Filing 36
Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Mandatory Settlement Conference set for 5/24/2023 at 09:30 AM before Magistrate Judge Barbara Lynn Major. Proposed Pretrial Order due by 4/5/2024. Final Pretrial Conference set for 4/12/2024 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Magistrate Judge Barbara Lynn Major on 1/19/23.(jmo)
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Filing 35
Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (Z)Early Neutral Evaluation Conference held on 1/18/2023. Case did not settle. (Z)Case Management Conference held on 1/18/2023. Order to follow. (Plaintiff Attorney Brian Kelly Cline). (Defendant Attorney Ronald Lenert). (no document attached) (bll)
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Filing 34
REPORT of Rule 26(f) Planning Meeting. (Cline, Brian) (jmo).
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Filing 33
NOTICE of Withdrawal of Individual Attorney and of Reassignment of Case to New Lead Attorney Within the Office of County Counsel by County of San Diego, Deputy Green #7131, Jason Marcusen, Sergeant Allister #7026 (Attachments: #1 Proof of Service)(Lenert, Ronald)Attorney Ronald Lenert added to party County of San Diego(pty:dft), Attorney Ronald Lenert added to party Deputy Green #7131(pty:dft), Attorney Ronald Lenert added to party Jason Marcusen(pty:dft), Attorney Ronald Lenert added to party Sergeant Allister #7026(pty:dft) (jmo).
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Filing 32
Notice and Order for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 1/18/2023 at 01:30 PM before Magistrate Judge Barbara Lynn Major. Case Management Conference set for 1/18/2023 at 01:30 PM before Magistrate Judge Barbara Lynn Major. Joint Discovery Plan due 1/6/2023. Signed by Magistrate Judge Barbara Lynn Major on 12/12/22.(jmo)
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Filing 31
Defendants' ANSWER to #30 Amended Complaint, by Jason Marcusen, County of San Diego, Deputy Green #7131, Sergeant Allister #7026. (Attachments: #1 Proof of Service)(O'Sullivan, Matthew) (jmo).
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Filing 30
AMENDED COMPLAINT with Jury Demand Consolidated Amended Complaint against County of San Diego, Deputy Green #7131, Jason Marcusen, Sergeant Allister #7026, filed by Juan Carlo Lomeli, Chanda Brockman. (Attachments: #1 Proof of Service) (Cline, Brian) **QC Mailer sent 11/29/2022 for counsel to request new summons if necessary. Atty did not request when filing and not automatic in removal cases** (jmo).
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Filing 29
Order: (1) Granting Motion to Dismiss Doe Defendants; (2) Denying Motion to Dismiss 1st, 3rd, and 5th Claims for Relief; (3) Granting in Part Motion to Dismiss 4th Claim for relief; and (4) Granting Motion to Dismiss 2nd and 6th Claims for Relief (ECF No. #18 ). Amendments to the Complaint must be submitted within thirty (30) days of this Order. Signed by Judge Gonzalo P. Curiel on 10/27/22. (jmo)(per Chambers only docket in Lead case)
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Filing 28
Order (1) Granting Motion to Dismiss Doe Defendants and Deputy Phongkhammy; (2) Denying Motion to Dismiss 1st, 3rd, and 5th Claims for Relief; (3) Granting in Part Motion to Dismiss 4th Claim for Relief; and (4) Granting Motion to Dismiss 2nd, 6th and 7th Claims for Relief (ECF No. #16 ). Amendments to the Complaint must be submitted within thirty (30) days of this Order. Signed by Judge Gonzalo P. Curiel on 10/27/22. (jmo)
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Filing 27
Order Vacating Motion Hearing and Take Matters Under Submission (ECF Nos. #16 , #18 ) M. Signed by Judge Gonzalo P. Curiel on 10/19/22.(jmo)
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Filing 26
REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego, Deputy District Attorney Jill Lindberg, Deputy Green #7131, Deputy Phongkhammy #0184, District Attorney Summer Stephan, Jason Marcusen, Sergeant Allister #7026. (Attachments: #1 Proof of Service)(O'Sullivan, Matthew) (jmo).
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Filing 25
REPLY to Response to Motion re #16 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego, Deputy District Attorney Jill Lindberg, Deputy Green #7131, Deputy Phongkhammy #0184, District Attorney Summer Stephan, Jason Marcusen, Sergeant Allister #7026. (Attachments: #1 Proof of Service)(O'Sullivan, Matthew) (jmo).
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Filing 24
NOTICE of Withdrawal of ECF No. 22 by Chanda Brockman re #22 Response in Opposition to Motion (Cline, Brian)(jmo).
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Filing 23
RESPONSE in Opposition re #16 MOTION to Dismiss for Failure to State a Claim filed by Chanda Brockman. (Cline, Brian) **QC mailer 9/8/2022 re timeliness of filing** (jmo).
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Filing 22
**DOCUMENT WITHDRAWN BY FILER PER #24 **RESPONSE in Opposition re #16 MOTION to Dismiss for Failure to State a Claim filed by Chanda Brockman. (Cline, Brian) QC mailer sent on 9/7/2022 for wrong case number in caption. (alns). Modified on 9/8/2022 (jmo).
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Filing 21
RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim filed by Juan Carlo Lomeli. (Attachments: #1 Request for Judicial Notice Plaintiff's)(Cline, Brian) (alns).
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Filing 20
ORDER Granting Joint Motion to Continue Briefing Schedule (ECF No. #19 ). Any opposition shall be filed on or before 9/6/2022. Any reply shall be filed on or before 9/20/2022. The hearing date on this matter remains unchanged and will be held on 10/21/2022, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 7/29/2022. (jrm)
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Filing 19
Joint MOTION to Continue the Briefing Schedule Related to Defendants' Motions to Dismiss [ECF No.'s 16, 18] by Chanda Brockman, Juan Carlo Lomeli. (Cline, Brian)(jrm).
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Filing 18
MOTION to Dismiss for Failure to State a Claim by County of San Diego, Deputy District Attorney Jill Lindberg, Deputy Green #7131, Deputy Phongkhammy #0184, District Attorney Summer Stephan, Jason Marcusen, Sergeant Allister #7026. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, #2 Declaration of Matthew P. O'Sullivan in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, #3 Request for Judicial Notice in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, #4 Proof of Service)(O'Sullivan, Matthew) (jrm).
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Filing 17
Order (1) Setting Briefing Schedule and (2) Directing Defendants to Refile Motion to Dismiss in Consolidated Case (ECF No. #16 ). Any opposition shall be filed on or before 8/5/2022. Any reply shall be filed on or before 8/12/2022. A hearing on this matter is scheduled for 10/21/2022 at 1:30 PM in Courtroom 2D.The Court orders Defendants in the Lomeli Matter to refile the pending Motion to Dismiss to the docket in Brockman v. County of San Diego, 22-cv-0512-GPC-BLM. Signed by Judge Gonzalo P. Curiel on 7/25/2022.(jrm)
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Filing 16
MOTION to Dismiss for Failure to State a Claim by County of San Diego, Deputy District Attorney Jill Lindberg, Deputy Green #7131, Deputy Phongkhammy #0184, District Attorney Summer Stephan, Jason Marcusen, Sergeant Allister #7026. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, #2 Declaration of Matthew P. O'Sullivan in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, #3 Request for Judicial Notice in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, #4 Proof of Service)(O'Sullivan, Matthew)Attorney Matthew Patrick O'Sullivan added to party Deputy District Attorney Jill Lindberg(pty:dft), Attorney Matthew Patrick O'Sullivan added to party District Attorney Summer Stephan(pty:dft) (axc).
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Filing 15
CONSOLIDATION ORDER. Cases Consolidated, Member case 22cv684-GPC-BLM. All future docketing will be done in the lead case. Signed by Judge Gonzalo P. Curiel on 7/18/2022.(axc)
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Filing 14
Order Granting Joint Motion for Order Extending Time to File Responsive Pleading or Motion (ECF No. #13 ). Signed by Judge Gonzalo P. Curiel on 7/14/22. (jmo)
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Filing 13
Joint MOTION for Order Providing Defendants with One Week to File Responsive Pleading or Motion by County of San Diego. (O'Sullivan, Matthew) (jmo).
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Filing 12
MINUTE ORDER OF RECUSAL. Chief District Judge Dana M. Sabraw is no longer assigned. Case reassigned to Judge Gonzalo P. Curiel for all further proceedings. The new case number is 22cv512-GPC-BLM.(no document attached) (sjt)
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Filing 11
ORDER denying #9 Joint Motion to Consolidate. Signed by Chief District Judge Dana M. Sabraw on 6/22/2022. (jpp)
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Filing 10
MINUTE ORDER OF RECUSAL. Magistrate Judge Jill L. Burkhardt is no longer assigned. Case reassigned to Magistrate Judge Barbara Lynn Major for all further proceedings. The new case number is 22CV512-DMS-BLM.Motions set before Barbara Lynn Major.(no document attached) (cxt)
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Filing 9
Joint MOTION to Consolidate Cases by Chanda Brockman. (Cline, Brian) (jpp).
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Filing 8
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. (jpp)
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Filing 7
CERTIFICATE OF SERVICE by Chanda Brockman (Cline, Brian) (jpp).
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Filing 6
NOTICE of Party With Financial Interest by Chanda Brockman (Cline, Brian) (jpp).
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Filing 5
AMENDED COMPLAINT with Jury Demand Second Amended against All Defendants, filed by Chanda Brockman.New Summons Requested. (Cline, Brian) (jpp).
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Filing 4
ORDER granting #2 Joint Motion for Order (1) permitting Plaintiff to file a Second Amended Complaint; and (2) Extending Defendants' deadline to answer or otherwise respond to Plaintiff's Second Amended Complaint. Signed by Chief District Judge Dana M. Sabraw on 4/21/2022. (jpp)
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Filing 3
CERTIFICATE OF SERVICE by County of San Diego, Deputy Green #7131, Deputy Phongkhammy #0184, Jason Marcusen, Sergeant Allister #7026 re #1 Notice of Removal, Defendants' Proof of Service of Notice to Adverse Party and State Court of Removal of State Court Action to Federal Court (Attachments: #1 Exhibit A, #2 Proof of Service)(O'Sullivan, Matthew) (jpp).
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Filing 2
Joint MOTION for Extension of Time to File 2nd Amended Complaint and Deadline for Defendant to File Answer by Chanda Brockman. (Cline, Brian) (jpp).
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Filing 1
NOTICE OF REMOVAL With Jury Demand (Filing fee $402.00 receipt number ACASDC-16736889.), filed by County of San Diego, Jason Marcusen, Sergeant Allister #7026, Deputy Phongkhammy #0184, Deputy Green #7131. (Attachments: #1 Civil Cover Sheet, #2 Exhibits, #3 Proof of Service)The new case number is 3:22-cv-512-DMS-JLB. Judge Dana M. Sabraw and Magistrate Judge Jill L. Burkhardt are assigned to the case.(cxt)(jrd)
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