Ballester v. Boucek et al
| Eleanor Ballester |
| Leah Boucek, Michael T. Smyth, Benjamin Yip, Puja Arun Sachdev, Samuel Martinette, Mark Heinrich, Does 1-10, inlcude and Does 1-10, include |
| 3:2023cv01839 |
| October 5, 2023 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Jill L Burkhardt |
| Karen S Crawford |
| Ruth Bermudez Montenegro |
| Civil Rights: Other |
| 42 U.S.C. § 1983 bv Bivens Non-Prisoner |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2024. A more recent docket listing may be available from PACER.
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Filing 25
NON Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim MOTION to Strike #1 Complaint,, MOTION for Sanctions filed by Benjamin Yip. (Grebing, Charles) (jpp).
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Filing 24
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim , MOTION to Strike #1 Complaint,, , MOTION for Sanctions by Benjamin Yip. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Notice of Lodgment, #4 Proof of Service)(Grebing, Charles)Attorney Charles R. Grebing added to party Benjamin Yip(pty:dft)
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Filing 23
MOTION to Dismiss for Failure to State a Claim by Leah Boucek, Michael T. Smyth. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Goode, Patrick)Attorney Patrick Joseph Goode, II added to party Michael T. Smyth(pty:dft) (jpp).
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Filing 22
MOTION to Dismiss PLAINTIFF'S COMPLAINT by Puja Arun Sachdev. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Howard, Benjamin)Attorney Benjamin John Howard added to party Puja Arun Sachdev(pty:dft) (jpp).
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Filing 21
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE, re #13 Notice of Related Case. Case reassigned to District Judge Ruth Bermudez Montenegro and Magistrate Judge Jill L. Burkhardt for all further proceedings. Judge Cynthia Bashant, Magistrate Judge Karen S. Crawford no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:23-cv-01730-RBM-JLB. The new case number is 23-cv-01839-RBM-JLB. Signed by Judge Cynthia Bashant on 10/24/2023. Signed by Judge Ruth Bermudez Montenegro on 10/23/2023.(mjw)
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Filing 20
Order Granting Ex Parte Motion to File Documents Under Seal (ECF No. #15 ) and Denying Motion to Shorten Time as Moot (ECF No. #16 ). Signed by Judge Cynthia Bashant on 10/19/23. (All non-registered users served via U.S. Mail Service)(jmo)
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Filing 19
Proof of Service re: #18 filed by Samuel Martinette. (mjw)
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Filing 17
Request for Judicial Notice. Motion to Dismiss with Prejudice Under Federal Rules of Civil Procedures 12(b)6., by Mark Heinrich. (mjw)
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Filing 18
Declaration of Administrative Error re #14 Request for Judicial Notice. Motion to Dismiss with Prejudice Under Federal Rules of Civil Procedures 12(b)6 by Defendant Samuel Martinette. (All non-registered users served via U.S. Mail Service)(mjw)
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Filing 16
Ex Parte MOTION to Shorten Time for Provisionally Restrict Public Access by Leah Boucek. (Attachments: #1 Proof of Service)(Goode, Patrick) (mjw).
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Filing 15
MOTION to Seal a Previously Filed Document Doc. Nos. 3-2 & 6 by Leah Boucek. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Patrick J. Goode II with Exhibits A-E, #3 Proof of Service)(Goode, Patrick)Attorney Patrick Joseph Goode, II added to party Leah Boucek(pty:dft) (mjw).
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Filing 14
Request for Judicial Notice. Motion to Dismiss with Prejudice Under Federal Rules of Civil Procedures 12(b)6., by Samuel Martinette. (jmo)
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Filing 13
NOTICE OF RELATED CASE(S) by Leah Boucek, Michael T. Smyth of case(s) 23cv1730; 23cv1854 . (Attachments: #1 Proof of Service)(Goode, Patrick) (mjw).
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Filing 12
NOTICE OF RELATED CASE(S) of case(s) 23cv1765-WQH-DEB. (All non-registered users served via U.S. Mail Service)(jmo)
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Filing 11
SUMMONS Returned Executed by Eleanor Ballester. Michael T. Smyth served. (mjw)
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Filing 10
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 will be mailed to plaintiffs not receiving notice electronically. (ggv)
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Filing 9
SUMMONS Returned Executed by Eleanor Ballester. Benjamin Yip served. (mjw)
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Filing 8
SUMMONS Returned Executed by Eleanor Ballester. Puja Arun Sachdev served. (mjw)
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Filing 7
SUMMONS Returned Executed by Eleanor Ballester. Samuel Martinette served. (mjw)
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Filing 6
SEALED. SUMMONS Returned Executed by Eleanor Ballester. Leah Boucek served. (mjw) Modified on 10/20/2023 to seal per court order #20 (jmo).
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Filing 5
SUMMONS Returned Executed Mark Heinrich served. (mjw)
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Filing 4
MOTION for Leave to Electronically File Documents by Eleanor Ballester. (ggv)
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Filing 3
MOTION for Ex-Parte Application to Set Aside Void Judgment by Eleanor Ballester. (Attachments: #1 Declaration In Support of Emergency Ex-Parte Application to Voice Judgment, #2 Memorandum of Points and Authorities In Support of Emergency Ex-Parte Application for Motion to Set Aside Void Judgment, #3 Exhibits)(ggv)
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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. (ggv)
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Filing 1
COMPLAINT with Jury Demand against Leah Boucek, Does 1-10, inlcude, Mark Heinrich, Samuel Martinette, Puja Arun Sachdev, Michael T. Smyth, Benjamin Yip ( Filing fee $ 402 receipt number 148659.), filed by Eleanor Ballester. (Attachments: #1 Civil Cover Sheet, #2 Receipt)The new case number is 3:23-cv-1839-BAS-KSC. Judge Cynthia Bashant and Magistrate Judge Karen S. Crawford are assigned to the case. (Ballester, Eleanor)(ggv) Modified on 10/6/2023 to correct defendant's name (ggv).
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