| Court: | casd |
| Docket #: | 3:14-cv-01142 |
| Case Name: | Ervin v. San Diego, County of et al |
| PACER case #: | 442071 |
| Date filed: | 2014-05-06 |
| Date terminated: | 2017-07-14 |
| Date of last filing: | 2014-05-06 |
| Assigned to: | Judge William Q. Hayes |
| Referred to: | Magistrate Judge Bernard G. Skomal |
| Case Cause: | 42:1983cv Civil Rights Act - Civil Action for Deprivation of Rights |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| John L. Ervin Plaintiff 4141 Worsch Way San Diego, CA 92130 (408) 387-2935 PRO SE ALLOWED TO E-FILE |
John Lawrence Ervin |
| San Diego, County of Defendant |
Christina Isabel Vilaseca David L Brodie |
| Does 1-10 inclusive Defendant TERMINATED: 04/01/2015 |
|
| Brenda Daly Defendant individually |
Christina Isabel Vilaseca |
| Robert Lough Defendant individually and through his official capacity as grievance officer for San Diego County |
|
| Debra Zanders-Willis Defendant individually and through her official capacity as head of Child Welfare Services for San Diego County |
Christina Isabel Vilaseca |
| Kamala Harris Defendant Attorney General, in her official capacity as Attorney General of the State of California TERMINATED: 06/21/2016 |
Mark R. Beckington Michael Glenn Witmer Ryan Marcroft |
| DOES 2-10 inclusive Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-05-06 | 1 | 0 | Complaint | COMPLAINT with Jury Demand against County of San Diego and Does 1-10 inclusive, (Filing fee $400 receipt number CAS062488), filed by John L. Ervin. (Attachments: # 1 Cover Sheet).The new case number is 3:14-cv-1142-WQH-BGS. Judge William Q. Hayes and Magistrate Judge Bernard G. Skomal are assigned to the case. (Ervin, John)(dls) (cap). (Entered: 05/06/2014) | 2014-05-08 15:53:31 | 19cec1cf2675b973b6ee760c3d6599a95030d65f |
| 1 | 1 | Cover Sheet | ||||
| 2014-05-06 | 2 | 0 | Summons Issued | 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. (dls) (Entered: 05/06/2014) | ||
| 2014-05-19 | 3 | 0 | SUMMONS Returned Executed by John L. Ervin. San Diego, County of served. (mdc) Modified on 5/20/2014 - Copy was not mailed to the filing pro se party. (mdc) (Entered: 05/20/2014) | |||
| 2014-05-28 | 4 | 0 | MOTION to Stay the Action, MOTION to Dismiss for Failure to State a Claim by San Diego, County of. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit, # 3 Proof of Service)(Brodie, David)Attorney David L Brodie added to party San Diego, County of(pty:dft) (Entered: 05/28/2014) | |||
| 2014-06-12 | 5 | 0 | NOTICE of Appearance by Christina Isabel Vilaseca on behalf of San Diego, County of (Attachments: # 1 Proof of Service)(Vilaseca, Christina)Attorney Christina Isabel Vilaseca added to party San Diego, County of(pty:dft) (Entered: 06/12/2014) | |||
| 2014-06-17 | 6 | 0 | Notice of Document Discrepancies Accepting Document: Opposition to Motion to Stay or in the Alternative to Dismiss from John L. Ervin. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely, OTHER: Only attorneys may use the "s/" signature. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge William Q. Hayes on 6/16/2014. (All non-registered users served via U.S. Mail Service.) (mdc) (Entered: 06/17/2014) | |||
| 2014-06-17 | 7 | 0 | RESPONSE in Opposition, filed as Opposition, re Doc. 4 MOTION to Stay the Action, MOTION to Dismiss for Failure to State a Claim filed by John L. Ervin. NUNC PRO TUNC 6/16/2014, per Doc. 6 . (mdc) Modified on 6/17/2014 - Copy was not mailed to the filing pro se party. (mdc) (Entered: 06/17/2014) | |||
| 2014-06-23 | 8 | 0 | REPLY to Response to Motion re 4 MOTION to Stay the Action MOTION to Dismiss for Failure to State a Claim Reply Memorandum of Points and Authorities In Support of Defendant County of San Diego's Motion to Stay the Action, or In the Alternative, Dismiss Plaintiff's Complaint [FRCP 12(b)(6)] filed by San Diego, County of. (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (Entered: 06/23/2014) | |||
| 2014-07-21 | 9 | 0 | ORDER: The Motion to Stay the Action, or in the Alternative, Dismiss Plaintiff's Complaint is granted as follows. (Doc. 4 ). The Court stays this action pending final resolution of the related action pending in San Diego County Superior Court. Defendant shall file a status report regarding the state-court action ninety (90) days from the date of this Order, and every ninety (90) days thereafter until the state-court action has concluded. The Clerk of the Court shall administratively close this action without prejudice to any party and with leave to be reopened by the Court upon notification that the state-court action has concluded. Signed by Judge William Q. Hayes on 7/21/2014. (All non-registered users served via U.S. Mail Service.) (mdc) (Entered: 07/21/2014) | |||
| 2014-09-22 | 10 | 0 | NOTICE of Change of Address by John L. Ervin. (mdc) Modified on 9/23/2014 - Updated docket address; copy of this filing was not mailed to the filing pro se party. (mdc) (Entered: 09/23/2014) | |||
| 2014-09-22 | 11 | 0 | NOTICE Of Conclusion Of The Related State Action And REQUEST TO REOPEN THE CASE by John L. Ervin. (mdc) Modified on 9/23/2014 - Copy was not mailed to the filing pro se party. (mdc) (Entered: 09/23/2014) | |||
| 2014-09-22 | 12 | 0 | CERTIFICATE OF SERVICE, filed as Declaration of Service, by John L. Ervin re Doc. 10 Notice of Change of Address, Doc. 11 Notice Of Conclusion Of The Related State Action And Request to Reopen the Case, Motion Seeking Leave to Electronically File. (mdc) Modified on 9/23/2014 - Copy was not mailed to the filing pro se party. (mdc) (Entered: 09/23/2014) | |||
| 2014-09-24 | 13 | 0 | Notice of Document Discrepancies Accepting Document: Motion Seeking Leave to Electronically File Documents With Court's CM/ECF System from John L. Ervin. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by chambers of Judge William Q. Hayes on 9/23/2014. (All non-registered users served via U.S. Mail Service.) (mdc) (Entered: 09/24/2014) | |||
| 2014-09-24 | 14 | 0 | MOTION for Leave to Electronically File Documents by John L. Ervin. NUNC PRO TUNC 9/22/2014 per Doc. 13 . (mdc) Modified on 9/24/2014 - Copy was not mailed to the filing pro se party. (mdc) (Entered: 09/24/2014) | |||
| 2014-09-24 | 15 | 0 | ORDER: Plantiff's Request to Reopen (Doc. 11 ) will be treated as a Motion. Defendant shall have seven (7) days to file a response, and Plaintiff shall have seven (7) days to file a Reply. Plaintiff's Motion Seeking Leave to Electronically File Documents with Court's CM/ECF System (Doc. 14 ) is granted. Signed by Judge William Q. Hayes on 9/24/2014. (All non-registered users served via U.S. Mail Service.) (mdc) (Entered: 09/24/2014) | |||
| 2014-10-01 | 16 | 0 | RESPONSE in Opposition re 11 MOTION (Request) to Reopen the Case filed by San Diego, County of. (Attachments: # 1 Exhibit, # 2 Proof of Service)(Vilaseca, Christina) (mdc) (Entered: 10/01/2014) | |||
| 2014-10-02 | 17 | 0 | REPLY to Response to Motion re 11 MOTION (Request) to Reopen the Case filed by John L. Ervin. (Attachments: # 1 Declaration, # 2 Proof of Service)(Ervin, John) (mdc) (Entered: 10/02/2014) | |||
| 2014-10-03 | 18 | 0 | REPLY - Other re 17 Reply to Response to Motion Request for Judicial Notice filed by John L. Ervin. (Ervin, John) (mdc) (Entered: 10/03/2014) | |||
| 2014-10-08 | 19 | 0 | OBJECTION by San Diego, County of re 18 Reply - Other to Plaintiff's Request for Judicial Notice in Support of Motion to Reopen Case. (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (jpp). (Entered: 10/08/2014) | |||
| 2014-10-09 | 20 | 0 | RESPONSE re 19 Objection Response to Objection with State Judgment filed by John L. Ervin. (Ervin, John) (jpp). (Entered: 10/09/2014) | |||
| 2014-10-10 | 21 | 0 | ORDER denying 11 request to Reopen Case without prejudice. Signed by Judge William Q. Hayes on 10/10/2014. (jpp) (Entered: 10/10/2014) | |||
| 2014-11-26 | 22 | 0 | NOTICE by John L. Ervin State Case Concluded and REQUEST TO REOPEN THE CASE (Attachments: # 1 Proof of Service)(Ervin, John) (kas). Modified on 11/28/2014 to edit text (kas). (Entered: 11/26/2014) | |||
| 2014-12-02 | 23 | 0 | RESPONSE in Opposition re 22 MOTION to Reopen Case Defendant County of San Diego's Opposition to Plaintiff's Request to Reopen the Case filed by San Diego, County of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proof of Service)(Vilaseca, Christina) (mdc) (Entered: 12/02/2014) | |||
| 2014-12-12 | 24 | 0 | MINUTE ORDER: Plaintiff shall file any reply to Defendant's Opposition to Plaintiff's Request to Reopen the Case 23 by Friday, December 19, 2014. Judge William Q. Hayes on 12/12/2015.(no document attached) (smr) (Entered: 12/12/2014) | |||
| 2014-12-19 | 25 | 0 | REPLY to Response to Motion re 22 MOTION to Reopen Case filed by John L. Ervin. (Attachments: # 1 Declaration, # 2 Proof of Service)(Ervin, John) (mdc) (Entered: 12/19/2014) | |||
| 2015-01-07 | 26 | 0 | ORDER: The "Plaintiff's Notice of State Proceedings Ended" (Doc. 22 ) is denied without prejudice. Signed by Judge William Q. Hayes on 1/7/2015. (mdc) (Entered: 01/08/2015) | |||
| 2015-01-27 | 27 | 0 | MOTION TO REOPEN CASE, MOTION FOR LEAVE TO AMEND - Originally filed as NOTICE by John L. Ervin State Proceedings Ended (Ervin, John) (mdc) Added MOTION on 2/4/2015, per Order (Doc. 28 ); edited dkt text to reflect motions. (mdc) (Entered: 01/27/2015) | |||
| 2015-02-03 | 28 | 0 | ORDER: The Court construes Plaintiff's Notice of State Proceedings Ended (Doc. 27 ) as a motion to reopen the case and a motion for leave to amend. Defendant County of San Diego shall file any response on or before 2/17/2015 and Plaintiff shall file any reply on or before 2/24/2015. Signed by Judge William Q. Hayes on 2/3/2015. (mdc) (Entered: 02/04/2015) | |||
| 2015-02-10 | 29 | 0 | RESPONSE in Opposition re 27 MOTION to Reopen CaseMOTION for Leave to Amend filed by San Diego, County of. (Vilaseca, Christina) (Entered: 02/10/2015) | |||
| 2015-02-13 | 30 | 0 | ORDER: Plaintiff's Motion to Reopen (Doc. 27 -1) is granted. Plaintiff's Motion for Leave to Amend (Doc. 27 -2) is denied. Plaintiff may file a Motion for Leave to Amend which complies with Local Rule 15.1 within thirty (30) days of the date this Order is issued or the Court will proceed with Plaintiff's Complaint (Doc. 1 ) as the operative pleading. Signed by Judge William Q. Hayes on 2/13/2015. (mdc) (Entered: 02/13/2015) | |||
| 2015-02-17 | 31 | 0 | Ex Parte MOTION (Application) for Temporary Restraining Order RE: CACI listing by John L. Ervin. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Ervin, John) Modified on 2/18/2015 - Added "Application" to docket text. (mdc). Added second MOTION for Temporary Restraining Order, MOTION for Permanent Injunction on 3/3/2015. (mdc) (Entered: 02/17/2015) | |||
| 2015-02-18 | 32 | 0 | NOTICE by San Diego, County of re 31 Ex Parte MOTION (Application) for Temporary Restraining Order RE: CACI listing (Vilaseca, Christina) (mdc) (Entered: 02/18/2015) | |||
| 2015-02-20 | 33 | 0 | MOTION to Amend/Correct First Amended Complaint by John L. Ervin. (Attachments: # 1 Declaration, # 2 First Amended Complaint, # 3 FIrst Amended Complaint - Redline, # 4 Proof of Service)(Ervin, John) (mdc) (Entered: 02/20/2015) | |||
| 2015-03-03 | 34 | 0 | ORDER: Plaintiff's request for "[a] temporary restraining order which compels [D]efendant County to request from California's Department of Justice the removal of [P]laintiff's name from the Child Abuse Central Index" is denied. (Doc. 31 -1). Plaintiff's request for "[a] temporary restraining order which enjoins the County from submitting [P]laintiff's name to the CACI pending further orders of the Court" is denied. (Doc. 31 -2). The motion for permanent injunction (Doc. 31 -3) remains pending. Defendants shall file any response to Plaintiff's motion for permanent injunction by 3/16/2015. Plaintiff shall file any reply by 3/23/2015. Signed by Judge William Q. Hayes on 3/3/2015. (mdc) (Entered: 03/03/2015) | |||
| 2015-03-09 | 35 | 0 | RESPONSE in Opposition re 33 MOTION to Amend/Correct First Amended Complaint filed by San Diego, County of. (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (rlu). (Entered: 03/09/2015) | |||
| 2015-03-09 | 36 | 0 | REPLY to Response to Motion re 33 MOTION to Amend/Correct First Amended Complaint filed by John L. Ervin. (Attachments: # 1 Proof of Service)(Ervin, John) (sjt). (Entered: 03/09/2015) | |||
| 2015-03-16 | 37 | 0 | RESPONSE in Opposition re 31 Ex Parte MOTION (Application) for Temporary Restraining Order RE: CACI listing MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by San Diego, County of. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proof of Service)(Vilaseca, Christina) (mdc) (Entered: 03/16/2015) | |||
| 2015-03-23 | 38 | 0 | REPLY to Response to Motion re 31 Ex Parte MOTION (Application) for Temporary Restraining Order RE: CACI listing MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by John L. Ervin. (Attachments: # 1 Proof of Service)(Ervin, John) (mdc) (Entered: 03/23/2015) | |||
| 2015-03-26 | 39 | 0 | ORDER: The Motion for Leave to File First Amended Complaint is granted. (Doc. 33 ). Plaintiff shall file a first amended complaint within twenty (20) days of the date this order is filed. Plaintiff's Motion for Permanent Injunction (Doc. 31 -3) is denied without prejudice. Signed by Judge William Q. Hayes on 3/26/2015. (mdc) (Entered: 03/27/2015) | |||
| 2015-04-01 | 40 | 0 | AMENDED COMPLAINT with Jury Demand First Amended Complaint for Prospective Relief and Damages against All Defendants, filed by John L. Ervin.New Summons Requested. (Ervin, John) Modified on 4/2/2015 - Summons was issued; docket was updated to reflect named parties. (mdc) (Entered: 04/01/2015) | |||
| 2015-04-02 | 41 | 0 | Summons Issued on the First Amended Complaint (Doc. 40 ). Pro se plaintiff, allowed to electronically filed, receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P. and LR 4.1. (mdc) (Entered: 04/02/2015) | |||
| 2015-04-22 | 42 | 0 | MOTION to File Documents Under Seal (With attachments)(Vilaseca, Christina) Mailer sent re: lodged proposed docs on 4/23/2015 (jao). (Entered: 04/22/2015) | |||
| 2015-04-22 | 43 | 0 | MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction by Brenda Daly, San Diego, County of, Debra Zanders-Willis. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proof of Service)(Vilaseca, Christina) (mdc) (Entered: 04/22/2015) | |||
| 2015-04-23 | 44 | 0 | NOTICE by John L. Ervin re 42 MOTION to File Documents Under Seal Intent to oppose application (Attachments: # 1 Proof of Service)(Ervin, John) (mdc) (Entered: 04/23/2015) | |||
| 2015-04-23 | 45 | 0 | MINUTE ORDER: Pursuant to Defendant's Motion to File Documents Under Seal 42 , Plaintiff shall file any response by Thursday, April 30, 2015. Judge William Q. Hayes. (no document attached) (smr) (Entered: 04/23/2015) | |||
| 2015-04-23 | 46 | 0 | [Filed as Sealed Document on 5/14/2015] SEALED LODGED Proposed Document re: 42 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Vilaseca, Christina) (sjt). (Main Document 46 replaced on 5/14/2015) (jao). (Entered: 04/23/2015) | |||
| 2015-04-29 | 47 | 0 | RESPONSE in Opposition re 42 MOTION to File Documents Under Seal filed by John L. Ervin. (Attachments: # 1 Declaration)(Ervin, John) (mdc) (Entered: 04/29/2015) | |||
| 2015-05-04 | 48 | 0 | MINUTE ORDER: IT IS HEREBY ORDERED that Defendants shall file a reply to Plaintiffs Opposition to Defendant Countys Request to Lodge a Portion of the Administrative Record Under Seal 47 , addressing the issue of whether the subject document has been disclosed to Plaintiff, by May 6, 2015. Judge William Q. Hayes on 5/4/2015.(no document attached) (smr) (Entered: 05/04/2015) | |||
| 2015-05-06 | 49 | 0 | REPLY to Response to Motion re 42 MOTION to File Documents Under Seal filed by Brenda Daly, San Diego, County of, Debra Zanders-Willis. (Attachments: # 1 Exhibit Ex. 2 to Ex Parte re lodgment under seal, # 2 Proof of Service)(Vilaseca, Christina) (jpp). (Entered: 05/06/2015) | |||
| 2015-05-13 | 50 | 0 | RESPONSE to Motion re 43 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by John L. Ervin. (Ervin, John) (Entered: 05/13/2015) | |||
| 2015-05-14 | 51 | 0 | ORDER Granting 42 Motion to File Documents Under Seal. Signed by Judge William Q. Hayes on 5/13/2015. (jao) (Entered: 05/14/2015) | |||
| 2015-05-18 | 53 | 0 | MOTION to Dismiss Plaintiff's First Amended Complaint by Kamala Harris. (Attachments: # 1 Request for Judicial Notice)(Witmer, Michael)Attorney Michael Glenn Witmer added to party Kamala Harris(pty:dft) (dls). (Entered: 05/18/2015) | |||
| 2015-05-20 | 54 | 0 | REPLY to Response to Motion re 43 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction filed by Brenda Daly, San Diego, County of, Debra Zanders-Willis. (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (jao). (Entered: 05/20/2015) | |||
| 2015-05-22 | 55 | 0 | NOTICE of Joinder by Kamala Harris re 54 Reply to Response to Motion, 43 MOTION to Dismiss for Failure to State a Claim and for Lack of Jurisdiction (Witmer, Michael) (mdc) (Entered: 05/22/2015) | |||
| 2015-05-22 | 56 | 0 | NOTICE by Kamala Harris of Unavailability of Counsel (Witmer, Michael) (mdc) (Entered: 05/22/2015) | |||
| 2015-06-14 | 57 | 0 | RESPONSE in Opposition re 53 MOTION to Dismiss Plaintiff's First Amended Complaint filed by John L. Ervin. (Ervin, John) (mdc) (Entered: 06/14/2015) | |||
| 2015-06-22 | 58 | 0 | REPLY to Response to Motion re 53 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Kamala Harris. (Witmer, Michael) (dlg). (Entered: 06/22/2015) | |||
| 2015-08-04 | 59 | 0 | NOTICE by Kamala Harris of Unavailability of Counsel (Witmer, Michael) (Entered: 08/04/2015) | |||
| 2015-08-31 | 60 | 0 | ORDER: This Order constitutes notice to Plaintiff that the Court will dismiss this action without prejudice with respect to Defendant Robert Lough on 9/22/2015, unless, before that date, Plaintiff files either: (1) proof that service of the Summons and Complaint was timely effectuated upon Defendant Robert Lough within 120 days after filing of the Complaint, or (2) a declaration under penalty of perjury showing good cause for failure to timely serve Defendant Robert Lough, accompanied by a motion for leave to serve process outside of the 120-day period. Signed by Judge William Q. Hayes on 8/31/2015. (mdc) (Entered: 08/31/2015) | |||
| 2015-09-24 | 61 | 0 | ORDER granting 43 Motion to Dismiss for Failure to State a Claim; granting 53 Motion to Dismiss. Plaintiff's First Amended Complaint is dismissed without prejudice and with leave to file a motion to file an amended complaint. Pursuant to Rule 15, any motion to file an amended complaint must be accompanied by a copy of the proposed amended pleading. Signed by Judge William Q. Hayes on 9/24/2015. (kcm) (Entered: 09/24/2015) | |||
| 2015-09-30 | 62 | 0 | MINUTE ORDER: If Plaintiff wishes to file an amended complaint, Plaintiff shall file a Motion for Leave to Amend on or before October 30, 2015. Plaintiff must obtain a hearing date pursuant to the Local Rules of Civil Procedure before filing any motion for leave to amend. In the event no motion is filed, the Court will close the case. Judge William Q. Hayes. (All non-registered users served via U.S. Mail Service)(no document attached) (smr) (Entered: 09/30/2015) | |||
| 2015-10-01 | 63 | 0 | ORDER: Plaintiff s claims against Defendant Robert Lough are dismissed without prejudice. If Plaintiff wishes to file an amended complaint, Plaintiff shall file a Motion for Leave to Amend on or before 10/30/2015. Plaintiff must obtain a hearing date pursuant to the Local Rules of Civil Procedure before filing any motion for leave to amend. In the event no motion is filed, the Court will close the case. Signed by Judge William Q. Hayes on 10/1/2015. (mdc) (Entered: 10/02/2015) | |||
| 2015-10-15 | 64 | 0 | NOTICE by Brenda Daly, San Diego, County of, Debra Zanders-Willis Notice of Unavailability of Counsel (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (kcm). (Entered: 10/15/2015) | |||
| 2015-10-16 | 65 | 0 | ***DOCUMENT WITHDRAWN Per ECF Doc. 69 ***Ex Parte MOTION for Extension of Time to File Pending Completion of Underlying State Case by John L. Ervin. (Attachments: # 1 Declaration)(Ervin, John) (kcm). (Entered: 10/16/2015) | |||
| 2015-10-16 | 66 | 0 | NOTICE by Brenda Daly, San Diego, County of, Debra Zanders-Willis re 65 Ex Parte MOTION for Extension of Time to File Pending Completion of Underlying State Case Notice of Intent to Oppose Plaintiff's Ex Parte Request to Extend Deadline to Seak Leave to Amend the First Amended Complaint (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (kcm). (Entered: 10/16/2015) | |||
| 2015-10-30 | 67 | 0 | MOTION to Amend/Correct by John L. Ervin. (Attachments: # 1 Redlined SAC, # 2 SAC)(Ervin, John) (kcm). (Entered: 10/30/2015) | |||
| 2015-11-02 | 68 | 0 | RESPONSE in Opposition re 65 Ex Parte MOTION for Extension of Time to File Pending Completion of Underlying State Case filed by Kamala Harris. (Witmer, Michael) (kcm). (Entered: 11/02/2015) | |||
| 2015-11-02 | 69 | 0 | NOTICE by John L. Ervin re 65 Ex Parte MOTION for Extension of Time to File Pending Completion of Underlying State Case of Withdrawal (Ervin, John) (kcm). (Entered: 11/02/2015) | |||
| 2015-11-03 | 70 | 0 | Minute Order: Defendants shall file any response to Plaintiff's Motion for Leave to File a Second Amended Complaint (ECF No. 67 ) on or before November 16, 2015. Plaintiff shall file any reply by November 23, 2015. The motion hearing date shall be November 30, 2015. (no document attached) (kcm) (Entered: 11/03/2015) | |||
| 2015-11-16 | 71 | 0 | RESPONSE in Opposition re 67 MOTION to Amend/Correct Plaintiff's Motion For Leave To File Second Amended Complaint filed by Kamala Harris. (Witmer, Michael) (Entered: 11/16/2015) | |||
| 2015-11-16 | 72 | 0 | RESPONSE in Opposition re 67 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Second Amended Complaint filed by San Diego, County of. (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (Entered: 11/16/2015) | |||
| 2015-11-19 | 73 | 0 | RESPONSE in Opposition re 67 MOTION to Amend/Correct SAC filed by John L. Ervin. (Ervin, John) (kcm). (Entered: 11/19/2015) | |||
| 2015-12-18 | 74 | 0 | ORDER: The motion for leave to file a second amended complaint (Dkt # 67 ) is granted. Plaintiffs shall file the second amended complaint attached to the motion within ten (10) days from the date of this Order. Signed by Judge William Q. Hayes on 12/18/2015. (mdc) (Entered: 12/18/2015) | |||
| 2015-12-21 | 75 | 0 | AMENDED COMPLAINT with Jury Demand Second Amended Complaint against Does 1-10 inclusive, Kamala Harris, San Diego, County of, filed by John L. Ervin. (Attachments: # 1 Proof of Service) (Ervin, John) (Entered: 12/21/2015) | |||
| 2015-12-30 | 76 | 0 | Joint MOTION for Extension of Time to File Response/Reply Defendants' Joint Ex Parte Application for Order Extending Time to Respond to Second Amended Complaint; Memorandum of Points and Authorities; Supporting Declaration of Mark R. Beckington by Kamala Harris. (Beckington, Mark)Attorney Mark R. Beckington added to party Kamala Harris(pty:dft) (jao). (Entered: 12/30/2015) | |||
| 2015-12-31 | 77 | 0 | NOTICE by John L. Ervin re 76 Joint MOTION for Extension of Time to File Response/Reply Defendants' Joint Ex Parte Application for Order Extending Time to Respond to Second Amended Complaint; Memorandum of Points and Authorities; Supporting Declaration of Mark R. Beckingt Notice of Intent to Oppose (Ervin, John) (jao). (Entered: 12/31/2015) | |||
| 2016-01-04 | 78 | 0 | ORDER Granting Defendants' Joint Ex Parte Application For Order Extending Time To Respond To Second Amended Complaint (Re Dkt # 76 ): The time for defendants County of San Diego and California Attorney General Kamala D. Harris to file their responses is extended from 1/4/2016 to and through 1/25/2016. Signed by Judge William Q. Hayes on 1/4/2016. (mdc) (Entered: 01/04/2016) | |||
| 2016-01-08 | 79 | 0 | NOTICE by Kamala Harris of Change in Handling Attorney (Marcroft, Ryan)Attorney Ryan Marcroft added to party Kamala Harris(pty:dft) (nbp). (Entered: 01/08/2016) | |||
| 2016-01-25 | 80 | 0 | MOTION to Dismiss Plaintiff's Second Amended Complaint and Notice Thereof by Kamala Harris. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit 1 through 9, # 4 Proof of Service)(Marcroft, Ryan) (Entered: 01/25/2016) | |||
| 2016-01-25 | 81 | 0 | MOTION to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint by San Diego, County of. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit, # 4 Proof of Service)(Vilaseca, Christina) (Entered: 01/25/2016) | |||
| 2016-02-15 | 82 | 0 | RESPONSE in Opposition re 80 MOTION to Dismiss Plaintiff's Second Amended Complaint and Notice Thereof filed by John L. Ervin. (Ervin, John) (Entered: 02/15/2016) | |||
| 2016-02-15 | 83 | 0 | RESPONSE in Opposition re 81 MOTION to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by John L. Ervin. (Ervin, John) (Entered: 02/15/2016) | |||
| 2016-02-22 | 84 | 0 | REPLY to Response to Motion re 80 MOTION to Dismiss Plaintiff's Second Amended Complaint and Notice Thereof filed by Kamala Harris. (Attachments: # 1 Proof of Service)(Marcroft, Ryan) (Entered: 02/22/2016) | |||
| 2016-02-22 | 85 | 0 | REPLY to Response to Motion re 81 MOTION to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by San Diego, County of. (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (Entered: 02/22/2016) | |||
| 2016-06-21 | 86 | 0 | ORDER: The motion to dismiss Plaintiff's Second Amended Complaint filed by Defendant Kamala Harris (Dkt # 80 ) is granted. The motion to dismiss Plaintiff's Second Amended Complaint filed by Defendant County of San Diego (Dkt # 81 ) is denied without prejudice to refile within 20 days of an order lifting the stay in this case. This case is stayed until further order of the Court lifting the stay. Any party may request the stay to be lifted at any time. The parties shall file a status report on 9/15/2016. Signed by Judge William Q. Hayes on 6/21/2016. (mdc) (jao). (Entered: 06/22/2016) | |||
| 2016-09-15 | 87 | 0 | STATUS REPORT by San Diego, County of. (Attachments: # 1 Proof of Service, # 2 Exhibit 1, # 3 Exhibit 2)(Vilaseca, Christina) (Entered: 09/15/2016) | |||
| 2016-09-21 | 88 | 0 | MINUTE ORDER: The parties shall file a Status Report on 11/15/2016. Judge William Q. Hayes on 9/21/2016. (no document attached) (mdc) (Entered: 09/21/2016) | |||
| 2016-11-15 | 89 | 0 | STATUS REPORT by San Diego, County of. (Attachments: # 1 Exhibit, # 2 Proof of Service)(Vilaseca, Christina) (mdc.) (Entered: 11/15/2016) | |||
| 2016-11-18 | 90 | 0 | ORDER: The portion of the Court's previous order stating that the case is stayed (Dkt # 86 ) is vacated. Defendant shall have twenty (20) days from the date of this Order to refile the motion to dismiss or to file any other responsive pleading. Signed by Judge William Q. Hayes on 11/18/2016. (mdc) (Entered: 11/18/2016) | |||
| 2016-12-07 | 91 | 0 | MOTION to Dismiss Plaintiff's Second Amended Complaint by San Diego, County of. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Vilaseca, Christina) (dxj). (Entered: 12/07/2016) | |||
| 2017-01-04 | 92 | 0 | RESPONSE in Opposition re 91 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by John L. Ervin. (Ervin, John) (Entered: 01/04/2017) | |||
| 2017-01-09 | 93 | 0 | REPLY - Other re 91 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by San Diego, County of. (Attachments: # 1 Proof of Service)(Vilaseca, Christina) (Entered: 01/09/2017) | |||
| 2017-07-14 | 94 | 0 | ORDER granting 91 Defendant Coun of San Diego's Motion to Dismiss the Second Amended Complaint. Plaintiff shall file any motion for leave to file an amended complaint on or before 8/11/2017 and pursuant to Local Civil Rule 7.1.. Signed by Judge William Q. Hayes on 7/14/2017. (jpp) (jao). (Entered: 07/14/2017) |