Thompson v. Lamke, et al
| Linda Thompson |
| Dr. John Yee, San Diego County Dept. of Aging and Independent Services, City of El Cajon City Manager, Gene Lamke, San Diego Housecall, San Diego County Health and Human Services Agency, Chase Care Center, Inc., City of El Cajon Police Department, State of California Bureau of Medical Fraud, Sharp Mesa Vista Hospital, Donna Duncan, San Diego County Health & Human Service Agency of Aging and Independent Services, State of California, California Highway Patrol, California State Senator Joel Anderson's Office, Department of Justice State of California, City of El Cajon Mayor, Kaiser Hospital, California State Senator Joel Anderson, City of El Cajon, Dr. Robert Carlson, Dr. Howell, San Diego County, Church of Scientology, Dr. Markman, Perry Moore, San Diego County Board of Supervisor and Stenford Yee |
| 6:2014cv00963 |
| June 13, 2014 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Thomas M Coffin |
| Insurance |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 65 MANDATE of USCA for the 9th Circuit, USCA # 15-35271, re Notice of Appeal #62 . The judgment of this Court, entered July 30, 2015, takes effect this date. This constitutes the formal mandate of this Court. (ljb) |
Filing 64
Order of USCA for the 9th Circuit USCA # 15-35271 re Notice of Appeal #62 . The judgment of the district court is affirmed, all pending motions are denied as moot and this appeal is dismissed. (ljb)
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| Filing 63 Notice of Change of Address and Other Contact Information Filed by California Highway Patrol (Baxter, Douglas) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal, #62 . Case Appealed to 9th Circuit Case Number 15-35271 assigned. (ljb) |
| Filing 62 Notice of Appeal to the 9th Circuit from Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Change/Transfer Venue, Order on motion for extension of time, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Findings & Recommendation, Order on motion for reconsideration, #59 , Judgment #60 . Filing fee in amount of $505 collected; Receipt No. ORX600009650 issued. Filed by Linda Thompson. (ljb) |
| Filing 61 Clerk's Notice of Mailing to Linda Thompson regarding Order #59 and Judgment #60 . (cp) |
| Filing 58 Mail Returned - Undeliverable: Findings & Recommendation: Re: #28 , #27 , #24 , #47 , #48 sent to Plaintiff Linda Thompson returned as undeliverable. (ljb) |
| Filing 60 Judgment: This action is dismissed without prejudice pursuant to 28 U.S.C 1406(a). Signed on 3/30/2015 by Judge Michael J. McShane. (cp) |
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Filing 59
OPINION AND ORDER: This Court ADOPTS Judge Coffins Finding and Recommendation #48 in full. Defendants motions to dismiss #23 , #24 , #25 , #33 , #44 , and #47 are GRANTED. Plaintiffs remaining motions #27 , #28 , #29 , #54 , and #55 are DENIED. Signed on 3/30/2015 by Judge Michael J. McShane. (cp) Modified to add "opinion" to docket entry on 4/1/2015 (ljb).
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| Filing 57 Response to Objections to Findings & Recommendation. Response of Defendant Chase Care Center, Inc. to Plaintiff's Specific Written Objections and Recommendation Related document(s): #56 Objections to Findings & Recommendation,. Filed by Chase Care Center, Inc.. (Valentine, Jamie) |
| Filing 56 Specific Written Objections & Recommendation to Findings & Recommendation: Motion for Extension of Time #28 , Motion to Change or Transfer Venue #27 , Motion to Dismiss Plaintiff's First Amended Complaint #24 , Motion to Dismiss for Lack of Jurisdiction #47 , Motion to Dismiss #48 . Filed by Linda Thompson. (kf) |
| Filing 55 Motion for Reconsideration for Case to be Filed with Redaction of Names. Filed by Linda Thompson. (ljb) |
| Filing 54 Motion for Reconsideration of Order on Motion for Appointment of Counsel #6 . Filed by Linda Thompson. (ljb) |
| Filing 53 Notice of Change of Address. Filed by Linda Thompson (ljb) |
| Filing 50 Clerk's Notice of Mailing to Linda Thompson regarding Findings & Recommendation #48 , Findings & Recommendation Referred 49 . (plb) |
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Filing 49
Order referring Motions #23 , #24 , #25 , #27 , #28 , #29 , #33 , #44 and #47 and Findings and Recommendation #48 to Judge Michael J. McShane. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 48 Findings & Recommendation: Motions to Dismiss #'s #23 , #24 , #25 , #33 , #44 and #47 should be granted. All other pending motions should be denied as moot and this action should be dismissed. Objections to the Findings and Recommendation are due by 3/12/2015. Signed on 2/23/2015 by Magistrate Judge Thomas M. Coffin. (plb) |
| Filing 52 Mail Returned - Undeliverable: Order on motion for extension of time to answer a Complaint/Petition 39 sent to Linda Thompson returned as undeliverable. (ljb) |
| Filing 51 Mail Returned - UNCLAIMED: Documents returned by the Court to Linda Thompson returned marked as unclaimed. (ljb) |
| Filing 47 Motion to Dismiss for Lack of Jurisdiction . Filed by City of El Cajon City Manager, City of El Cajon Mayor, City of El Cajon, City of El Cajon Police Department(Chief Jim Redman), City of El Cajon Police Department. (Attachments: #1 Certificate of Service) (Mitchell, Carrie) |
| Filing 46 Notification of CM/ECF Account for Attorney Larry T. Pleiss (appearing Pro Hac Vice). Your login is: ltpleiss. Go to #the CM/ECF login page to set your password. (ljb) |
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Filing 45
ORDER: Granting Motion for Leave to Appear Pro Hac Vice of Larry T. Pleiss for Chase Care Center, Inc. Application Fee in amount of $100 collected. Receipt No. ORX600009488 issued. Signed on 1/30/15 by Magistrate Judge Thomas M. Coffin. (ljb)
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| Filing 44 Motion to Dismiss for Lack of Jurisdiction Motion of Defendants, Chase Care Center, Inc. to Dismiss Plaintiff's First Amended Complaint; and, Memorandum of Points and Authorities in Support Thereof. Filed by Chase Care Center, Inc.. (Valentine, Jamie) |
| Filing 43 Motion for Leave to Appear Pro Hac Vice for Attorney Larry T. Pleiss . Filing fee in the amount of $100 collected; Receipt No.: ORX600009488. Filed by Chase Care Center, Inc.. (Valentine, Jamie) |
| Filing 42 Notification of CM/ECF Account for Attorney Carrie L. Mitchell (appearing Pro Hac Vice). Your login is: clmitchell. Go to #the CM/ECF login page to set your password. (ljb) |
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Filing 41
ORDER: Granting Motion for Leave to Appear Pro Hac Vice of Carrie L. Mitchell for City of El Cajon,Carrie L. Mitchell for City of El Cajon City Manager,Carrie L. Mitchell for City of El Cajon Mayor,Carrie L. Mitchell for City of El Cajon Police Department,Carrie L. Mitchell for City of El Cajon Police Department. Application Fee in amount of $100 collected. Receipt No. 0979-3962212 issued. Signed on 1/28/15 by Magistrate Judge Thomas M. Coffin. (ljb)
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| Filing 40 Clerk's Notice of Mailing to Linda Thompson regarding Order on motion for extension of time to answer a Complaint 39 . (plb) |
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Filing 39
ORDER: Granting Motion for Extension of Time to Answer #36 . Defendant Chase Care Center, Inc.'s Answer is due by 2/25/2015. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 38 Corporate Disclosure Statement . Filed by Chase Care Center Center, Inc.. (Valentine, Jamie) |
| Filing 37 Declaration of Jamie E. Valentine in Support of Unopposed Motion to Enlarge Time to File Answer. Filed by Chase Care Center Center, Inc.. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #36 .) (Valentine, Jamie) |
| Filing 36 Unopposed Motion for Extension of Time to Answer . Filed by Chase Care Center Center, Inc.. (Valentine, Jamie) |
| Filing 35 Response in Opposition to Motion to Change or Transfer Venue #27 . Filed by California State Senator Joel Anderson, California State Senator Joel Anderson's Office. (Jenkins, Cara) |
| Filing 34 Response in Opposition to Plaintiff's Motion to Request Late Submission of First Amended Complaint; to Motion for Extension of Time #29 . Filed by California State Senator Joel Anderson, California State Senator Joel Anderson's Office. (Jenkins, Cara) |
| Filing 33 Motion to Dismiss Motion by Defendant State of California (by and Through the California Department of Justice/Bureau of Medi-cal Fraud and Elder Abuse) to Dismiss Plaintiff's First Amended Complaint. Filed by State of California Bureau of Medical Fraud, Department of Justice State of California. (Baxter, Douglas) |
| Filing 32 Response in Opposition Plaintiff's Motion to File an Amended Complaint After the Deadline Established by the Court to Motion for Extension of Time #29 . Filed by Perry Moore, San Diego County, San Diego County Board of Supervisor, San Diego County Dept. of Aging and Independent Services, San Diego County Health & Human Service Agency of Aging and Independent Services, San Diego County Health and Human Services Agency. (Purcell, Thomas) |
| Filing 31 Supplemental Certificate of Service by Perry Moore, San Diego County, San Diego County Board of Supervisor, San Diego County Dept. of Aging and Independent Services, San Diego County Health & Human Service Agency of Aging and Independent Services of Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction and Lack of Venue #23 Filed by Perry Moore, San Diego County, San Diego County Board of Supervisor, San Diego County Dept. of Aging and Independent Services, San Diego County Health & Human Service Agency of Aging and Independent Services. (Purcell, Thomas) |
| Filing 30 Supplemental Certificate of Service by California Highway Patrol of Motion to Dismiss Plaintiff's First Amended Complaint #24 Filed by California Highway Patrol. (Baxter, Douglas) |
| Filing 29 Motion to Request Late Submission of First Amended Complaint. Filed by Linda Thompson. (kf) |
| Filing 28 Motion to Request Late Process Service. Filed by Linda Thompson. (kf) |
| Filing 27 Motion to Change or Transfer Venue. Filed by Linda Thompson. (kf) |
| Filing 26 Notice of Change of Address. Filed by Linda Thompson (kf) |
| Filing 25 Motion to Dismiss for Failure to State a Claim , Motion to Dismiss for Lack of Jurisdiction and Improper Venue. Filed by California State Senator Joel Anderson, California State Senator Joel Anderson's Office. (Attachments: #1 Attachment Declaration of Lori Brown) (Jenkins, Cara) |
| Filing 24 Motion to Dismiss Plaintiff's First Amended Complaint. Filed by California Highway Patrol. (Baxter, Douglas) |
| Filing 23 Motion to Dismiss for Failure to State a Claim , Motion to Dismiss for Lack of Jurisdiction and Lack of Venue. Filed by San Diego County Health and Human Services Agency, San Diego County Health & Human Service Agency of Aging and Independent Services, San Diego County Board of Supervisor, San Diego County Dept. of Aging and Independent Services, Perry Moore, San Diego County. (Purcell, Thomas) |
| Filing 22 Clerk's Notice of Mailing to Linda Thompson regarding Order on motion for extension of time to answer a Complaint/Petition, Order on motion for reconsideration 21 . (plb) |
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Filing 21
ORDER: Granting Motion for Extension of Time to Answer #20 . Defendants City of El Cajon, City of El Cajon City Manager, City of El Cajon Mayor, City of El Cajon Police Department and City of El Cajon Police Department's answers are due by 2/9/2015. Granting Motion for Reconsideration #15 to the extent that all future filings shall refer to the minor child of plaintiff by the child's initials only. Ordered by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 20 Unopposed Motion for Extension of Time to Answer Complaint. Filed by City of El Cajon City Manager, City of El Cajon Mayor, City of El Cajon, City of El Cajon Police Department(Chief Jim Redman), City of El Cajon Police Department. (O'Kasey, Karen) |
| Filing 19 Motion for Leave to Appear Pro Hac Vice for Attorney Carrie L. Mitchell . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3962212. Filed by City of El Cajon, City of El Cajon City Manager, City of El Cajon Mayor, City of El Cajon Police Department(Chief Jim Redman), City of El Cajon Police Department. (O'Kasey, Karen) |
| Filing 18 Summons Returned Executed as to California Highway Patrol served on 12/19/2014, answer due on 1/9/2015. Filed by Linda Thompson. (kf) |
| Filing 17 Summons Issued as to Robert Carlson, Department of Justice State of California, State of California Bureau of Medical Fraud. (jk) |
| Filing 16 Proof of Service of summons (filed without summons or case cover page) on 12/17/14 as to defendants County of San Diego, Dept of Aging and Independent Services, City of El Cajon and City of El Cajun Police Department by Linda Thompson. Filed by Linda Thompson. (ljb) |
| Filing 15 Motion for Reconsideration of Order on motion to seal case #13 . Filed by Linda Thompson. (ljb) |
| Filing 14 Clerk's Notice of Mailing to Linda Thompson regarding Order #13 . (plb) |
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Filing 13
ORDER: Granting Motion to Amend Complaint #8 ; Denying as Moot Motion for Extension of Time #9 ; Granting Motion for Extension of Time to Allow for Process Service #10 ; Denying Motion to Seal the Case #11 . Amended Complaint due within seven days from the date of this order and service of process must be completed within sixty days from the date of this order. Signed on 10/17/2014 by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 12 Complaint for Violation of Civil Rights Section 1988, Diversity of Citizenship, Wrongful Death, Negligence, IIED, Fraud Facts Filed by Linda Thompson (Related document(s): Complaint #1 .) (ljb) |
| Filing 11 Motion to File the Case Under Seal. Filed by Linda Thompson. (ljb) |
| Filing 10 Motion for Extension of Time to Allow for Process Service. Filed by Linda Thompson. (ljb) |
| Filing 9 Motion for Extension to Effecting Process of Service and Motion for Case to be Filed under Seal, Motion to Correct Record. Filed by Linda Thompson. (ljb) |
| Filing 8 Motion to Amend/Correct re: Complaint #1 . Filed by Linda Thompson. (ljb) |
| Filing 7 Clerk's Notice of Mailing to Linda Thompson regarding Order on Motion for Appointment of Counsel #6 . (plb) |
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Filing 6
ORDER: Denying Motion for Appointment of Counsel #2 . Signed on 7/14/2014 by Magistrate Judge Thomas M. Coffin. (plb)
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| Filing 5 Summons Issued Electronically as to California Highway Patrol, California State Senator Joel Anderson, California State Senator Joel Anderson's Office, Robert Carlson, Chase Care Center Center, Inc., Church of Scientology, City of El Cajon, City of El Cajon City Manager, City of El Cajon Mayor, City of El Cajon Police Department(Chief Jim Redman), City of El Cajon Police Department, Donna Duncan, Howell, Kaiser Hospital, Gene Lamke, Markman, Perry Moore, San Diego County, San Diego County Board of Supervisor, San Diego County Dept. of Aging and Independent Services, San Diego County Health & Human Service Agency of Aging and Independent Services, San Diego County Health and Human Services Agency, Sharp Mesa Vista Hospital, State of California(Department of Health Licensing and Certification), State of California(Department of Public Health), John Yee. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ljb) |
| Filing 4 Clerk's Notice of Mailing to Linda Thompson regarding Discovery order #3 . (ljb) |
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Filing 3
Notice of Case Assignment to Magistrate Judge Thomas M. Coffin and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/15/2014. Joint Alternate Dispute Resolution Report is due by 11/14/2014. Pretrial Order is due by 11/14/2014. Ordered by Magistrate Judge Thomas M. Coffin. (ljb)
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| Filing 2 Motion for Appointment of Counsel. Filed by Linda Thompson. (ljb) |
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Receipt No. ORX600009062. Jury Trial Requested: Yes. Filed by Linda Thompson against California Highway Patrol, California State Senator Joel Anderson, California State Senator Joel Anderson's Office, Robert Carlson, Chase Care Center Center, Inc., City of El Cajon, City of El Cajon City Manager, City of El Cajon Mayor, City of El Cajon Police Department(Chief Jim Redman), City of El Cajon Police Department, Department of Justice State of California, Donna Duncan, Howell, Kaiser Hospital, Gene Lamke, Markman, Perry Moore, San Diego County, San Diego County Board of Supervisor, San Diego County Dept. of Aging and Independent Services, San Diego County Health & Human Service Agency of Aging and Independent Services, San Diego County Health and Human Services Agency, San Diego Housecall, Sharp Mesa Vista Hospital, State of California(Department of Health Licensing and Certification), State of California(Department of Public Health), State of California Bureau of Medical Fraud, John Yee (Attachments: #1 Civil Cover Sheet). (ljb) |
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