Simon v. Cumba
Plaintiff: Phillip Walter Simon
Defendant: Deborah A. Cumba
Case Number: 3:2025cv00107
Filed: January 16, 2025
Court: U.S. District Court for the Southern District of California
Presiding Judge: Cathy Ann Bencivengo
Referring Judge: Michael S Berg
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 14, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2025 Filing 27 NOTICE OF APPEAL to the 9th Circuit as to #24 Clerk's Judgment, #23 Order on Motion to Dismiss by Phillip Walter Simon. ( Filing fee $ 605 receipt number ACASDC-19696825.) (Simon, Phillip)
March 7, 2025 Filing 26 OBJECTION by Phillip Walter Simon re #24 Clerk's Judgment, #23 Order on Motion to Dismiss . (Simon, Phillip)
March 7, 2025 Filing 25 OBJECTION by Phillip Walter Simon re #24 Clerk's Judgment, #23 Order on Motion to Dismiss . (Simon, Phillip)
March 6, 2025 Filing 24 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Plaintiffs lawsuits are dismissed with prejudice pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Case Closed. (anh)
March 6, 2025 Opinion or Order Filing 23 ORDER Dismissing Cases With Prejudice. Signed by Judge Cathy Ann Bencivengo on 3/6/2025. (anh)
March 6, 2025 Filing 22 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 3/6/2025 re #18 MOTION for Recusal Cathy Ann Bencivengo filed by Phillip Walter Simon. Case dismissed with prejudice. Court to issue written order.(Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Phillip Walter Simon, Pro Se). (Defendant Attorney Patrick Good). (All non-registered users served via U.S. Mail Service)(no document attached) (ave)
March 4, 2025 Filing 21 OBJECTION by Phillip Walter Simon re #19 Order on Motion for Miscellaneous (Other 1), Order on Motion to Disqualify Counsel, Order on Motion for Recusal . (Attachments: #1 Declaration)(Simon, Phillip)
March 4, 2025 Filing 20 MINUTE ORDER: The parties are instructed to dial in to the following teleconference at 10:00 AM on March 6, 2025. Number: 619-657-0677. Conference ID: 344 551 423#.(anh)
March 4, 2025 Opinion or Order Filing 19 ORDER Denying Motion for Recusal [Doc. Nos. #16 , #17 , #18 ]. Signed by Judge Cathy Ann Bencivengo on 3/4/2025. (anh)
March 3, 2025 Filing 18 MOTION for Recusal Cathy Ann Bencivengo by Phillip Walter Simon. (Attachments: #1 Declaration)(Simon, Phillip)
March 3, 2025 Filing 17 MOTION to Disqualify Counsel State Attorneys by Phillip Walter Simon. (Attachments: #1 Declaration Declaration)(Simon, Phillip)
March 3, 2025 Filing 16 MOTION Ex Parte APP for Telephonic Appearance re #11 Order Setting Hearing on Motion by Phillip Walter Simon. (Simon, Phillip)
February 25, 2025 Filing 15 OBJECTION by Phillip Walter Simon re #14 Order on Motion for Entry of Default . (Simon, Phillip) (anh).
February 24, 2025 Opinion or Order Filing 14 ORDER Dismissing Request for Entry of Default [Doc. No. #13 ]. Signed by Judge Cathy Ann Bencivengo on 2/24/2025. (anh)
February 24, 2025 Filing 13 MOTION for Entry of Default Deborah A. Cumba by Phillip Walter Simon. (Simon, Phillip) (anh).
February 24, 2025 Filing 12 RESPONSE in Opposition re #10 MOTION to Dismiss Complaint with Prejudice filed by Phillip Walter Simon. (Attachments: #1 Declaration Decl ISO Plaintiff)(Simon, Phillip)(anh).
February 14, 2025 Opinion or Order Filing 11 ORDER Setting Hearing. Signed by Judge Cathy Ann Bencivengo on 2/14/2025.(anh)
February 13, 2025 Filing 10 MOTION to Dismiss Complaint with Prejudice by Deborah A. Cumba. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice with Exhibits A-B, #3 Declaration of Carmela E. Duke, #4 Proof of Service)(Duke, Carmela)Attorney Carmela E. Duke added to party Deborah A. Cumba(pty:dft) (anh).
February 6, 2025 Opinion or Order Filing 9 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE, re #7 Notice of Related Case. Case reassigned to Judge Cathy Ann Bencivengo and Magistrate Judge Michael S. Berg for all further proceedings. District Judge Benjamin J. Cheeks, Magistrate Judge Daniel E. Butcher no longer assigned to case. Create association to 3:24-cv-01665-CAB-MSB. The new case number is 25-cv-107-CAB-MSB. Signed by Judge Cathy Ann Bencivengo on 1/30/2025. Signed by Judge Benjamin J. Cheeks on 1/30/2025.(All non-registered users served via U.S. Mail Service)(dim) (Main Document 9 replaced on 2/6/2025) (dim).
January 31, 2025 Filing 8 OBJECTION by Phillip Walter Simon re #7 Notice of Related Case (Simon, Phillip)
January 30, 2025 Filing 7 NOTICE OF RELATED CASE(S) of case(s) 24-cv-01665-CAB-MSB. (dim)
January 30, 2025 Filing 6 SUMMONS Returned Executed by Phillip Walter Simon. Deborah A. Cumba served. (Simon, Phillip)
January 29, 2025 Filing 5 MINUTE ORDER OF TRANSFER. District Judge Andrew G. Schopler is no longer assigned. Case reassigned to District Judge Benjamin J. Cheeks for all further proceedings. The new case number is 25cv0107-BJC-DEB.(no document attached) (mef) (jmo).
January 23, 2025 Opinion or Order Filing 4 ORDER (AGS): Plaintiff's motion seeking to file documents in this case electronically (ECF #2 ) is granted. All further notices will be sent by e-mail after plaintiff properly registers for electronic filing. Signed by District Judge Andrew G. Schopler on 01/23/2025. (All non-registered users served via U.S. Mail Service)(no document attached) (mxa) ***E-file instructions sent to plaintiff via e-mail*** (exs).
January 17, 2025 Filing 3 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. (yxc)(sjt).
January 17, 2025 Filing 2 MOTION for Leave to Electronically File Documents by Phillip W. Simon. (yxc) (sjt).
January 17, 2025 Filing 1 COMPLAINT with Jury Demand against Deborah A. Cumba ( Filing fee $ 405 receipt number 158501.), filed by Phillip W. Simon. (Attachments: #1 Civil Cover Sheet, #2 Receipt, #3 Envelope)The new case number is 3:25-cv-107-AGS-DEB. Judge Andrew G. Schopler and Magistrate Judge Daniel E. Butcher are assigned to the case.(yxc) (sjt).

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Defendant: Deborah A. Cumba
Represented By: Carmela E. Duke
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Plaintiff: Phillip Walter Simon
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