| Court: | pawd |
| Docket #: | 2:09-cv-01432 |
| Case Name: | THOMPSON et al v. WILLIAMS et al |
| PACER case #: | 94550 |
| Date filed: | 2009-10-27 |
| Date terminated: | 2013-08-19 |
| Assigned to: | Nora Barry Fischer |
| Referred to: | Lisa Pupo Lenihan |
| Case Cause: | 42:1983pr Prisoner Civil Rights |
| Nature of Suit: | 555 Prisoner Civil Rights (Prison Condition) |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| JAMES S. THOMPSON Plaintiff |
JAMES S. THOMPSON |
| EUNICE THOMPSON LEAKE Plaintiff TERMINATED: 07/23/2012 |
EUNICE THOMPSON LEAKE |
| DAVID LEAKE Plaintiff TERMINATED: 07/23/2012 |
DAVID LEAKE |
| OFFICER WILLIAMS Defendant Probation Officer |
Marie Milie Jones |
| JESSICA WELCH Defendant Probation Officer |
Marie Milie Jones |
| FAYETTE COUNTY ADULT PROBATION OFFICE Defendant TERMINATED: 06/05/2013 |
Marie Milie Jones |
| COUNTY OF FAYETTE Defendant TERMINATED: 06/05/2013 |
Marie Milie Jones |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-10-27 | 1 | 0 | MOTION for Leave to Proceed in forma pauperis by JAMES S. THOMPSON. (Attachments: # 1 Complaint, # 2 Authorization by Prisoner, # 3 District Judge Option, # 4 Motion for Service, # 5 Envelope) (tt) (Entered: 10/27/2009) | |||
| 2009-11-03 | 2 | 0 | ORDER GRANTING 1 Motion for Leave to Proceed in forma pauperis and the clerk is directed to file the complaint. Signed by Judge Lisa Pupo Lenihan on 11/03/2009. (Attachments: # 1 Exhibit Authorization Form) (jmb) (Entered: 11/03/2009) | |||
| 2009-11-04 | 3 | 0 | COMPLAINT against WILLIAMS, UNKNOWN FEMALE PROBATION OFFICER, FAYETTE COUNTY ADULT PROBATION OFFICE, COUNTY OF FAYETTE filed by JAMES S. THOMPSON. (ept) (Entered: 11/04/2009) | |||
| 2009-11-04 | 4 | 0 | Authorization permitting withdrawal of prison account funds to pay filing fee by JAMES S. THOMPSON. (ept) (Entered: 11/04/2009) | |||
| 2009-11-04 | 5 | 0 | DISTRICT JUDGE OPTION by JAMES S. THOMPSON to have this case randomly assigned to a U.S. District Judge. (ept) (Entered: 11/04/2009) | |||
| 2009-11-04 | 6 | 0 | MOTION for authorization from the Court to obtain service of process of complaint upon Defendants without prepayment of the fees for Marshal Service by JAMES S. THOMPSON. (ept) (Entered: 11/04/2009) | |||
| 2009-11-05 | 7 | 0 | ORDER that Plaintiff's Motion for Authorization from the Court to Obtain Service of Process of Complaint Upon Defendants Without Prepayment of the Fees for Marshal Service (Doc. No. 6 ) is DENIED AS MOOT. IT IS FURTHER ORDERED that Plaintiff provide the Court with a U.S. Marshal 285 form as well as a Notice of Lawsuit and Waiver of Service of Summons form for each named defendant no later than November 27, 2009. IT IS FURTHER ORDERED that failure to provide service forms for each named defendant by November 27, 2009, may result in a recommendation that this case be dismissed for failure to follow a Court order and/or failure to prosecute. IT IS FURTHER ORDERED that the Clerk of Court provide the Plaintiff with a U.S. Marshal 285 form as well as a Notice of Lawsuit and Waiver of Service of Summons form for each named defendant in this case. Signed by Judge Lisa Pupo Lenihan on 11/05/2009. (jmb) (Entered: 11/05/2009) | |||
| 2009-11-17 | 8 | 0 | ORDER TO SHOW CAUSE why Mrs. Eunice Thompson-Leake and Mr. David Leake should not be dismissed as plaintiffs no later than 12/7/2009. Signed by Judge Lisa Pupo Lenihan on 11/17/2009. (jmb) (Entered: 11/17/2009) | |||
| 2009-11-18 | 9 | 0 | ORDER ENTERED that the United States Marshal is directed to mail a copy of the Complaint (Doc. No. 3 ), notice of lawsuit and request for waiver of service of summons, and waiver, and this order to each defendant as directed by plaintiff. Cost of service shall be advanced by the United States. The defendants are requested to waive service pursuant to Rule4(d). Signed by Judge Lisa Pupo Lenihan on 11/18/2009. (jmb) (Entered: 11/18/2009) | |||
| 2009-12-02 | 10 | 0 | MOTION to Issue Order to Serve Identified Defendant Jessica Welch, Probation Officer with Copy of Complaint by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 12/02/2009) | |||
| 2009-12-02 | 11 | 0 | MOTION for Extension of Time to File Response/Reply as to 8 Order to Show Cause by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 12/02/2009) | |||
| 2009-12-07 | 12 | 0 | Authorization permitting withdrawal of prison account funds to pay filing fee by JAMES S. THOMPSON. (Attachments: # 1 Envelope) (ept) (Entered: 12/07/2009) | |||
| 2009-12-28 | 13 | 0 | NOTICE of Change of Address by JAMES S. THOMPSON (Attachments: # 1 Envelope) (gmp) (Entered: 12/28/2009) | |||
| 2009-12-28 | 14 | 0 | MOTION to Suspend Indefinitely Further Procedural Action Due to Plaintiff's Severe Mental Illness and Mental Health Committment to Torrance State Hospital by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibit A, # 2 Envelope) (ept) Modified on 12/29/2009. (jsp) (Entered: 12/28/2009) | |||
| 2009-12-30 | 15 | 0 | ORDER indicating that Plaintiff JAMES S. THOMPSON's "Motion to Suspend Indefinitely Further Procedural Action Due to Plaintiff's Severe Mental Illness and Mental Health Commitment to Torrance State Hospital," (Docket No. 14 ), wherein he requests that the present matter be stayed pending his interment at Torrance State Hospital 14 is GRANTED; That the Clerk mark the above-captioned case closed, that this action shall be re-opened upon motion by the Plaintiff and, that nothing contained in this Order shall be considered a dismissal or disposition of this action. Signed by Judge Nora Barry Fischer on 12/30/2009. (bdk) (Entered: 12/30/2009) | |||
| 2009-12-31 | 16 | 0 | NOTICE of Appearance by Marie Milie Jones on behalf of WILLIAMS, JESSICA WELCH, FAYETTE COUNTY ADULT PROBATION OFFICE, COUNTY OF FAYETTE. (Jones, Marie) (Entered: 12/31/2009) | |||
| 2010-01-08 | 17 | 0 | WAIVER OF SERVICE Returned Executed by JAMES S. THOMPSON. WILLIAMS waiver sent on 11/23/2009, answer due 1/22/2010. (ept) (Entered: 01/08/2010) | |||
| 2010-01-11 | 18 | 0 | NOTICE OF INABILITY to effectuate service filed by U. S. Marshal as to JESSICA WELCH with proposed order. (ept) (Entered: 01/11/2010) | |||
| 2010-01-11 | 19 | 0 | NOTICE OF INABILITY to effectuate service filed by U. S. Marshal as to FAYETTE COUNTY ADULT PROBATION OFFICE with proposed order. (ept) (Entered: 01/11/2010) | |||
| 2010-01-11 | 20 | 0 | NOTICE OF INABILITY to effectuate service filed by U. S. Marshal as to COUNTY OF FAYETTE with proposed order. (ept) (Entered: 01/11/2010) | |||
| 2012-05-30 | 21 | 0 | MOTION to Lift Stay by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 05/30/2012) | |||
| 2012-06-05 | 22 | 0 | ORDER indicating that upon consideration of Plaintiff JAMES S. THOMPSON's "Motion to Lift Stay of Civil Action: 09-1432" 21 , which this Court construes as a Motion to Re-Open Civil Action No. 09-1432, this Court having previously closed this matter upon granting said Plaintiff's "Motion to Suspend Indefinitely Further Procedural Action Due to Plaintiff's Severe Mental Illness and Mental Health Commitment to Torrance State Hospital" 14 wherein he requested that the present matter be stayed pending his interment at Torrance State Hospital, it is hereby ordered that Plaintiff's Motion 21 is granted; that the Clerk mark the above-captioned case as re-opened. Signed by Judge Nora Barry Fischer on 6/5/12. (jg) (Entered: 06/05/2012) | |||
| 2012-06-13 | 23 | 0 | MOTION for Order to Direct Defendants to Answer Civil Suit by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 06/13/2012) | |||
| 2012-07-03 | 24 | 0 | MOTION to Preclude Plaintiff's Criminal Record From Being Used Against Him by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 07/03/2012) | |||
| 2012-07-10 | 25 | 0 | MOTION to exclude plaintiff's criminal record from being used against him at trial by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibit, # 2 Envelope) (ept) (Entered: 07/10/2012) | |||
| 2012-07-17 | 26 | 0 | MOTION to remove plaintiffs Eunice Thompson-Leake and Mr. David Leake as plaintiffs by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 07/17/2012) | |||
| 2012-07-24 | 27 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by COUNTY OF FAYETTE, FAYETTE COUNTY ADULT PROBATION OFFICE, JESSICA WELCH, WILLIAMS. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Jones, Marie) (Entered: 07/24/2012) | 2013-08-31 22:21:26 | 1e349ced3f9a5cdc10c989abd74e4ef0cbf0b5ac | |
| 27 | 1 | Proposed Order | ||||
| 2012-07-24 | 28 | 0 | BRIEF in Support re 27 Motion to Dismiss for Failure to State a Claim filed by COUNTY OF FAYETTE, FAYETTE COUNTY ADULT PROBATION OFFICE, JESSICA WELCH, WILLIAMS. (Jones, Marie) (Entered: 07/24/2012) | |||
| 2012-08-22 | 29 | 0 | ORDER that plaintiff shall either file a response and brief in opposition to the motion, or file an amended complaint, no later than September 12, 2012. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 08/22/2012. (jmb) (Entered: 08/22/2012) | |||
| 2012-09-04 | 30 | 0 | AMENDED COMPLAINT against COUNTY OF FAYETTE, FAYETTE COUNTY ADULT PROBATION OFFICE, JESSICA WELCH, WILLIAMS, filed by JAMES S. THOMPSON. (Attachments: # 1 Exhibit, # 2 Envelope) (ept) (Entered: 09/04/2012) | |||
| 2012-09-04 | 31 | 0 | MOTION for Order to relieve plaintiff of filing more than one document and to excuse plaintiff from the need to serve additional paper copies on each defendant by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibit, # 2 Envelope) (ept) (Entered: 09/04/2012) | |||
| 2012-09-10 | 32 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by COUNTY OF FAYETTE, FAYETTE COUNTY ADULT PROBATION OFFICE, JESSICA WELCH, WILLIAMS. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Jones, Marie) Modified to re-open the motion on 12/6/2012. (jmb) (Entered: 09/10/2012) | |||
| 2012-09-10 | 33 | 0 | BRIEF in Support re 32 Motion to Dismiss for Failure to State a Claim, filed by COUNTY OF FAYETTE, FAYETTE COUNTY ADULT PROBATION OFFICE, JESSICA WELCH, WILLIAMS. (Jones, Marie) (Entered: 09/10/2012) | |||
| 2012-09-21 | 34 | 0 | MOTION for an Order to file a new Amended 3 Complaint by JAMES S. THOMPSON. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (jv) (Entered: 09/24/2012) | |||
| 2012-09-24 | 35 | 0 | MOTION for the Order of a Deposition for Defendants Officer Williams and Officer Welch by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 09/24/2012) | |||
| 2012-10-16 | 36 | 0 | MOTION for Leave to File a Second Amended Complaint by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope) (ept) (Entered: 10/16/2012) | |||
| 2012-10-18 | 37 | 0 | SECOND AMENDED COMPLAINT against COUNTY OF FAYETTE, FAYETTE COUNTY ADULT PROBATION OFFICE, JESSICA WELCH, WILLIAMS, filed by JAMES S. THOMPSON. (ept) Modified on 10/31/2012. (tt) (Entered: 10/18/2012) | 2013-08-31 22:25:17 | 03b692b4a70c289b55b28c685c7648c30d38bdd8 | |
| 2012-11-09 | 38 | 0 | RESPONSE to Motion re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by JAMES S. THOMPSON. (Attachments: # 1 Envelope) (ept) (Entered: 11/09/2012) | |||
| 2012-12-05 | 39 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint by COUNTY OF FAYETTE, FAYETTE COUNTY ADULT PROBATION OFFICE, JESSICA WELCH, WILLIAMS. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Jones, Marie) (Entered: 12/05/2012) | |||
| 2013-04-22 | 40 | 0 | MOTION to rule on Motion to Dimiss re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by WILLIAMS, JESSICA WELCH, FAYETTE COUNTY ADULT PROBATION OFFICE, COUNTY OF FAYETTE by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 04/22/2013) | |||
| 2013-04-25 | 41 | 0 | RESPONSE to Motion re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by JAMES S. THOMPSON. (Attachments: # 1 Envelope) (ept) (Entered: 04/25/2013) | |||
| 2013-05-03 | 42 | 0 | REPORT AND RECOMMENDATION re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by WILLIAMS, JESSICA WELCH, FAYETTE COUNTY ADULT PROBATION OFFICE, and COUNTY OF FAYETTE, 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by WILLIAMS, JESSICA WELCH, FAYETTE COUNTY ADULT PROBATION OFFICE, and COUNTY OF FAYETTE recommending that the Motion to Dismiss at ECF Nos. 32 & 39 be GRANTED except as it relates to the claim of punitive damages against the individual Defendants Officer Williams and Jessica Welch in their personal capacities. Objections to R&R due by 5/20/2013. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/03/2013. (vad) (Entered: 05/03/2013) | |||
| 2013-05-17 | 43 | 0 | OBJECTIONS to 42 Report and Recommendation filed by JESSICA WELCH, WILLIAMS. (Jones, Marie) (Entered: 05/17/2013) | |||
| 2013-06-05 | 44 | 0 | MEMORANDUM ORDER indicating that the Motion to Dismiss (ECF Nos. 32 & 39 ) is granted except as it relates to the claim of punitive damages against the individual Defendants Officer Williams and Jessica Welch in their personal capacities; that the Report and Recommendation (ECF No. 42 ) of Chief Magistrate Judge Lenihan, dated 5/3/13, is adopted as the Opinion of the Court. Signed by Judge Nora Barry Fischer on 6/5/13. (jg) (Entered: 06/05/2013) | 2013-08-31 23:00:19 | 07ef42adcb3a85df6d5052327c6d8ce4a0d56810 | |
| 2013-06-10 | 45 | 0 | REPLY to 43 Objections to Report and Recommendation filed by JAMES S. THOMPSON. (Attachments: # 1 Envelope) (ept) (Entered: 06/10/2013) | |||
| 2013-06-11 | 46 | 0 | ORDER indicating that upon consideration of Plaintiff JAMES S. THOMPSON's "Reply to Defendants' Objection to Report and Recommendation" (Docket No. 45 ), filed in the above captioned matter on 6/10/13, subsequent to the Court's Order overruling Defendants' objections to the Report and Recommendation of Chief Magistrate Judge Lisa Pupo Lenhian (Docket No. 44 ) and adopting same as the Opinion of the Court, it is hereby ordered that Plaintiff's Reply 45 is denied, as moot. Signed by Judge Nora Barry Fischer on 6/11/13. (jg) (Entered: 06/11/2013) | |||
| 2013-06-11 | 47 | 0 | MOTION for Extension of Time to File by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibit, # 2 Envelope) (ept) (Entered: 06/11/2013) | |||
| 2013-06-11 | 48 | 0 | REPLY to 43 Objections to Report and Recommendation, filed by JAMES S. THOMPSON. (Attachments: # 1 Envelope) (ept) (Entered: 06/11/2013) | |||
| 2013-06-18 | 49 | 0 | ORDER indicating that upon consideration of Plaintiff's "Motion for an Enlargement of Time to File of Record his Exhibit in Support of His Reply to Defendants' Objection to Report and Recommendation" 47 and his "Reply to Defendants' Objection to Report and Recommendation" 48 , filed in the above captioned matter on 6/11/13, subsequent to the Court's Order overruling Defendants' objections to the Report and Recommendation of Chief Magistrate Judge Lisa Pupo Lenhian 44 and adopting same as the Opinion of the Court, it is hereby ordered that Plaintiff's Motion 47 is denied, as moot. Signed by Judge Nora Barry Fischer on 6/18/13. (jg) (Entered: 06/18/2013) | |||
| 2013-06-19 | 50 | 0 | ANSWER to 37 Amended Complaint and Affirmative Defenses by JESSICA WELCH, WILLIAMS. (Jones, Marie) (Entered: 06/19/2013) | |||
| 2013-06-28 | 51 | 0 | MOTION to preclude plaintiff's criminal history and current record from being used against him at trial by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Envelope) (ept) (Entered: 06/28/2013) | |||
| 2013-07-02 | 52 | 0 | CASE MANAGEMENT ORDER: No later than August 2, 2013, the defendant(s) shall provide plaintiff with the following: Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(I); all documents in possession of the remaining defendants concerning the alleged illegal search in question. Plaintiff shall, no later than August 15, 2013, advise the court of any further discovery, if any, he deems necessary for the prosecution of this case. He may not submit requests for discovery to the defendant(s) without leave of court. Discovery will close October 1, 2013. Defendants are permitted to conduct discovery within the boundaries of the federal rules. Defendants are advised that, pursuant to the federal rules, specifically Federal Rule 30(a)(2)(B), leave of court must be obtained ifthe deponent is confined in prison. All dispositive motions and briefs in support thereof must be filed by November 1, 2013. Responses are due December 2, 2013. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 07/01/2013. (jmb) (Entered: 07/02/2013) | |||
| 2013-07-25 | 53 | 0 | MOTION for Leave to Submit Requests for Interrogatories to Defts' Officer Williams and Jessica Welch by JAMES S. THOMPSON. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Interrogatories, # 2 Envelope) (plh) (Entered: 07/25/2013) | |||
| 2013-08-07 | 54 | 0 | MOTION to Appoint Counsel by JAMES S. THOMPSON. Motion referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibits in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Envelope) (ept) (Entered: 08/07/2013) | |||
| 2013-08-19 | 55 | 0 | ORDER ENTERED directing that pursuant to 28 USC 1915(e)(1) and the court order of 3/24/1999 at Misc. 99-95, the Clerk of Court is directed to request a lawyer to consider entering an appearance on behalf of the plaintiff, Clerk is to mark CASE CLOSED. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 08/19/2013. (jmb) (Entered: 08/19/2013) |