U.S. District Court
California Northern District (San Jose)
CIVIL DOCKET FOR CASE #: 5:17-cv-03385-SV
California Northern District (San Jose)
CIVIL DOCKET FOR CASE #: 5:17-cv-03385-SV
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Lininger v. Pfleger et al Assigned to: Magistrate Judge Susan van Keulen Referred to: Magistrate Judge Virginia K. DeMarchi (Settlement) Demand: $1,000,000,000
Cause: 28:1331 Federal Question:
Other Civil Rights
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Date Filed: 06/12/2017
Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
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Plaintiff
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Stacy Lininger
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represented by
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Steve J Andre
Attorney at Law 26080 Carmel Rancho Blvd. 200B Carmel, CA 93923-8736 (831)624-5786 Email: stevenjandre@hotmail.com ATTORNEY TO BE NOTICED |
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V. |
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Defendant
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Sergeant Ronald Pfleger
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represented by
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Ryan M. Thompson
Law Office of Vincent P. Hurley 38 Seascape Village Aptos, CA 95003 831-661-4800 Fax: 831-661-4804 Email: rthompson@hurleylaw.com ATTORNEY TO BE NOTICED |
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Defendant
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City of Carmel
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represented by
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Ryan M. Thompson
(See above for address) ATTORNEY TO BE NOTICED |
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Defendant
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District Attorney Flippo Dean
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represented by
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William Merrill Litt
Office of the County Counsel County of Monterey 168 W. Alisal Street, 3rd Floor Salinas, CA 93901-2439 (831) 755-5045 Fax: (831) 755-5283 Email: littwm@co.monterey.ca.us LEAD ATTORNEY ATTORNEY TO BE NOTICED |
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Date Filed
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#
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Docket Text
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06/12/2017
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06/12/2017
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2
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Case assigned to Magistrate Judge
Susan van Keulen.
Counsel for plaintiff or the removing party is responsible
for serving the Complaint or Notice of Removal, Summons and the assigned
judge's standing orders and all other new case documents upon the opposing parties.
For information, visit E-Filing A New Civil Case at
http://cand.uscourts.gov/ecf/caseopening.
Standing orders can be downloaded from the court's web
page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be
issued and returned electronically. Counsel is required to send chambers a
copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling
order will be sent by Notice of Electronic Filing (NEF) within two business
days. Consent/Declination due by 6/26/2017. (haS, COURT STAFF) (Filed on
6/12/2017) (Entered: 06/12/2017)
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06/12/2017
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Initial Case Management Scheduling
Order with ADR Deadlines: Case Management Statement due by 9/5/2017. Initial
Case Management Conference set for 9/12/2017 09:30 AM in Courtroom 6, 4th
Floor, San Jose. (cv, COURT STAFF) (Filed on 6/12/2017) (Entered: 06/12/2017)
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06/12/2017
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Summons Issued as to City of
Carmel, Flippo Dean, Ronald Pfleger. (cv, COURT STAFF) (Filed on 6/12/2017)
(Entered: 06/12/2017)
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06/27/2017
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CLERK'S NOTICE Re: Consent or
Declination: Plaintiff shall file a consent or declination to proceed before
a magistrate judge by 7/11/2017. Please note that any party is free to
withhold consent to proceed before a magistrate judge without adverse
substantive consequences. Form is attached and also available at:
http://cand.uscourts.gov/civilforms. (ofr, COURT STAFF) (Filed on 6/27/2017)
(Entered: 06/27/2017)
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07/10/2017
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CONSENT/DECLINATION to Proceed
Before a US Magistrate Judge by Stacy Lininger.. (Andre, Steve) (Filed on
7/10/2017) (Entered: 07/10/2017)
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08/04/2017
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ADR Certification (ADR L.R. 3-5 b)
of discussion of ADR options (Litt, William) (Filed on 8/4/2017)
(Entered: 08/04/2017)
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08/04/2017
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CONSENT/DECLINATION to Proceed
Before a US Magistrate Judge by Flippo Dean.. (Litt, William) (Filed on
8/4/2017) (Entered: 08/04/2017)
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08/09/2017
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ANSWER to Complaint with Jury
Demand byCity of Carmel, Ronald Pfleger. (Thompson, Ryan) (Filed on
8/9/2017) (Entered: 08/09/2017)
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08/09/2017
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CLERK'S NOTICE Re: Consent or
Declination: Defendants Sergeant Ronald Pfleger and City of Carmel shall file
a consent or declination to proceed before a magistrate judge by 8/23/2017.
Please note that any party is free to withhold consent to proceed before a
magistrate judge without adverse substantive consequences. Form is attached
and also available at: http://cand.uscourts.gov/civilforms. (ofr, COURT
STAFF) (Filed on 8/9/2017) (Entered: 08/09/2017)
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08/11/2017
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MOTION to Dismiss Pursuant
to FRCP 12(b)(6) filed by Flippo Dean. Motion Hearing set for
9/26/2017 10:00 AM in Courtroom 6, 4th Floor, San Jose before Magistrate
Judge Susan van Keulen. Responses due by 8/25/2017. Replies due by 9/1/2017.
(Attachments: # 1 Request for Judicial Notice, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Litt,
William) (Filed on 8/11/2017) (Entered: 08/11/2017)
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08/11/2017
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CLERK'S NOTICE SETTING DEADLINE
FOR DEFENDANTS SERGEANT RONALD PFLEGER AND CITY OF CARMEL TO SUBMIT A CONSENT
OR DECLINATION TO PROCEED BEFORE A U.S. MAGISTRATE JUDGE: At filing, this
matter was randomly assigned to United States Magistrate Judge Susan van
Keulen for all purposes including trial. A hearing has been scheduled for
Tuesday, September 26, 2017 at 10:00 AM. Pursuant to 28 U.S.C. section 636,
the magistrate judge cannot decide this motion unless all parties consent to
proceed before Judge Susan van Keulen. Defendants Sergeant Ronald Pfleger and
City of Carmel shall file a consent or declination to proceed before a
magistrate judge by 8/18/2017. Please note that any party is free to withhold
consent to proceed before a magistrate judge without adverse substantive
consequences. Form is attached and also available at:
http://cand.uscourts.gov/civilforms. (ofrS, COURT STAFF) (Filed on 8/11/2017)
(Entered: 08/11/2017)
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08/11/2017
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CONSENT/DECLINATION to Proceed
Before a US Magistrate Judge by City of Carmel, Ronald Pfleger.. (Thompson,
Ryan) (Filed on 8/11/2017) (Entered: 08/11/2017)
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08/11/2017
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14
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CLERK'S NOTICE RESETTING SEPTEMBER
12, 2017 INITIAL CASE MANAGEMENT CONFERENCE AND SEPTEMBER 26, 2017 11 MOTION TO DISMISS HEARING. 9/26/2017 11Motion to Dismiss Hearing is reset to
9/28/2017 at 9:30 AM (SPECIAL SET) in Courtroom 6, 4th Floor San Jose before
Magistrate Judge Susan van Keulen. 9/12/2017 Initial Case Management Conference
is reset to 10/12/2017 at 9:30 AM (SPECIAL SET) in Courtroom 6, 4th Floor,
San Jose before Magistrate Judge Susan van Keulen. (This is a
text-only entry generated by the court. There is no document associated with
this entry (ofr, COURT STAFF) (Filed on 8/11/2017) (Entered: 08/11/2017)
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08/22/2017
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STIPULATION WITH PROPOSED
ORDER TO CONTINUE DEFENDANT FLIPPO'S FRCP 12(b)(6) MOTION TO DISMISS filed
by Flippo Dean. (Litt, William) (Filed on 8/22/2017) (Entered: 08/22/2017)
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08/22/2017
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STIPULATION AND ORDER TO CONTINUE
DEFENDANT FLIPPO'S FRCP 12(b)(6) MOTION TO DISMISS,
granting-as-modified 15 . Signed by Magistrate Judge Susan van
Keulen on 8/22/2017. (ofr, COURT STAFF) (Filed on 8/22/2017) (Entered:
08/22/2017)
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08/22/2017
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17
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CLERK'S NOTICE RESETTING OCTOBER
12, 2017 INITIAL CASE MANAGEMENT CONFERENCE: 10/12/2017 Initial Case
Management Conference is hereby reset to 11/7/2017 at 9:30 AM in Courtroom 6,
4th Floor, San Jose before Magistrate Judge Susan van Keulen. Joint Case
Management Statement due by 10/31/2017. (This is a text-only entry
generated by the court. There is no document associated with this entry.) (ofr,
COURT STAFF) (Filed on 8/22/2017) (Entered: 08/22/2017)
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08/22/2017
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ADR Certification (ADR L.R. 3-5 b)
of discussion of ADR options (Thompson, Ryan) (Filed on 8/22/2017)
(Entered: 08/22/2017)
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08/22/2017
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ADR Certification (ADR L.R. 3-5 b)
of discussion of ADR options (Thompson, Ryan) (Filed on 8/22/2017) (Entered:
08/22/2017)
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08/22/2017
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STIPULATION and Proposed Order
selecting Early Neutral Evaluation by Flippo Dean filed by Flippo Dean.
(Litt, William) (Filed on 8/22/2017) (Entered: 08/22/2017)
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08/30/2017
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ORDER REFERRING CASE to Early
Neutral Evaluation, granting 20 . Deadline: 90 days from the date of
this order. Signed by Magistrate Judge Susan van Keulen on 8/30/2017. (ofr,
COURT STAFF) (Filed on 8/30/2017) (Entered: 08/30/2017)
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09/05/2017
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OPPOSITION to MOTION TO DISMISS
(re 11 MOTION to Dismiss Pursuant to FRCP
12(b)(6) filed by defendant Dean Flippo filed by Stacy Lininger. (Andre,
Steve) (Filed on 9/5/2017) Modified on 9/6/2017 (bwS, COURT STAFF). (Entered:
09/05/2017)
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09/06/2017
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PLAINTIFF'S OPPOSITION TO MOTION
TO DISMISS FILED BY DEFENDANT DEAN FLIPPO (re 11 MOTION to Dismiss Pursuant to FRCP 12(b)(6)
) filed by Stacy Lininger. (Andre, Steve) (Filed on 9/6/2017) Modified on
9/7/2017 (bwS, COURT STAFF). (Entered: 09/06/2017)
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09/06/2017
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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE TIME FOR FILING OPPOSITION AND REPLY REGARDING DEFENDANT FLIPPOS
FRCP 12(b)(6) MOTION TO DISMISS re 11 MOTION to Dismiss Pursuant to FRCP
12(b)(6) filed by Stacy Lininger. (Andre, Steve) (Filed on 9/6/2017) Modified
on 9/7/2017 (bwS, COURT STAFF). (Entered: 09/06/2017)
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09/07/2017
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STIPULATION AND ORDER TO CONTINUE
TIME FOR FILING OPPOSITION AND REPLY REGARDING DEFENDANT FLIPPO'S FRCP
12(b)(6) MOTION TO DISMISS, granting 24 . Signed by Magistrate Judge Susan van
Keulen on 9/7/2017. (ofr, COURT STAFF) (Filed on 9/7/2017) (Entered:
09/07/2017)
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09/14/2017
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STIPULATION WITH PROPOSED
ORDER (Protective Order) filed by City of Carmel, Ronald
Pfleger. (Thompson, Ryan) (Filed on 9/14/2017) (Entered: 09/14/2017)
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09/14/2017
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ADR Clerk's Notice Appointing
Patrick Robbins as ENE Evaluator. (af, COURT STAFF) (Filed on 9/14/2017)
(Entered: 09/14/2017)
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09/19/2017
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09/22/2017
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STIPULATED PROTECTIVE ORDER,
granting Docket No. 26 . Signed by Magistrate Judge Susan van
Keulen on 9/22/2017. (ofr, COURT STAFF) (Filed on 9/22/2017) (Entered:
09/22/2017)
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10/24/2017
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30
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Minute Entry for proceedings held
before Magistrate Judge Susan van Keulen: Hearing held on 10/24/2017 re 11 MOTION to Dismiss Pursuant to FRCP
12(b)(6) filed by Flippo Dean. Counsel present oral arguments. The Court
takes matter under submission; written order to be issued. FTR Time: 10:00 to
10:36 (36 mins.) For Plaintiff(s): Steve Andre. For Defendant(s): William
Litt. (This is a text-only entry generated by the court. There is no
document associated with this entry.) (ofr, COURT STAFF) (Date
Filed: 10/24/2017) (Entered: 10/24/2017)
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10/26/2017
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31
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CLERK'S NOTICE VACATING NOVEMBER
7, 2017 INITIAL CASE MANAGEMENT CONFERENCE: Please take notice that the
Initial Case Management Conference presently set for 11/7/2017 at 9:30 AM
before Magistrate Judge Susan van Keulen is hereby vacated. The Court will
reschedule Initial Case Management Conference at a future date. (This
is a text-only entry generated by the court. There is no document associated
with this entry.) (ofr, COURT STAFF) (Filed on 10/26/2017) (Entered:
10/26/2017)
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11/06/2017
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11/13/2017
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11/13/2017
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MOTION for Reconsideration Notice
of Motion filed by Stacy Lininger. (Andre, Steve) (Filed on
11/13/2017) (Entered: 11/13/2017)
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11/14/2017
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Set/Reset Hearing ENE Hearing set
for 11/27/2017 09:30 AM., at the U.S. District Court, 280 So. First Street,
San Jose, CA 95113. (af, COURT STAFF) (Filed on 11/14/2017) (Entered:
11/14/2017)
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11/17/2017
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ORDER GRANTING LEAVE TO FILE
MOTION FOR RECONSIDERATION AND SETTING BRIEFING SCHEDULE: The Court directs
defendants to file a response to Plaintiff's motion for reconsideration
(ECF 33 ) on or before 12/8/2017. Plaintiff may
file a reply by 12/15/2017. The Court will take the matter under submission
without oral argument. In the order granting Defendant's motion to dismiss,
the Court set a deadline for Plaintiff to file an amended complaint by
11/28/2017. ECF 32 at 12. That deadline is vacated, and
the Court will set a new date after ruling on the motion for reconsideration.
Signed by Magistrate Judge Susan van Keulen on 11/17/2017. (ofr, COURT STAFF)
(Filed on 11/17/2017) (Entered: 11/17/2017)
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12/08/2017
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12/15/2017
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12/21/2017
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ORDER GRANTING PLAINTIFF'S MOTION
FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32 . Signed by Magistrate Judge Susan van
Keulen on 12/21/2017. (ofr, COURT STAFF) (Filed on 12/21/2017) (Entered:
12/21/2017)
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01/22/2018
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AMENDED COMPLAINT against
defendants Filed by Stacy Lininger. (Andre, Steve) (Filed on 1/22/2018)
Modified on 1/23/2018 (cv, COURT STAFF). (Entered: 01/22/2018)
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02/02/2018
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40
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Certification of ADR Session by
Evaluator Patrick D. Robbins: I hereby certify that the parties in this
matter held an ENE session on November 27, 2017. The case did not settle.
Further facilitated discussions are not expected. ENE is complete. (This
is a text-only entry generated by the court. There is no document associated
with this entry.) (af, COURT STAFF) (Filed on 2/2/2018) (Entered:
02/02/2018)
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02/05/2018
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ANSWER to Amended
Complaint byCity of Carmel, Ronald Pfleger. (Thompson, Ryan) (Filed on
2/5/2018) (Entered: 02/05/2018)
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02/05/2018
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First MOTION to Dismiss Amended
Complaint Pursuant FRCP Rule 12(b)(6); Memorandum of Points & Authorities filed
by Flippo Dean. Motion Hearing set for 3/20/2018 10:00 AM in San Jose,
Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses
due by 2/20/2018. Replies due by 2/27/2018. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3Certificate/Proof of Service)(Litt, William)
(Filed on 2/5/2018) (Entered: 02/05/2018)
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02/20/2018
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OPPOSITION/RESPONSE (re 42 First MOTION to Dismiss Amended
Complaint Pursuant FRCP Rule 12(b)(6); Memorandum of Points & Authorities ) filed
byStacy Lininger. (Andre, Steve) (Filed on 2/20/2018) (Entered: 02/20/2018)
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02/27/2018
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REPLY (re 42 First MOTION to Dismiss Amended
Complaint Pursuant FRCP Rule 12(b)(6); Memorandum of Points & Authorities ) filed
byFlippo Dean. (Litt, William) (Filed on 2/27/2018) (Entered: 02/27/2018)
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02/27/2018
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CERTIFICATE OF SERVICE by Flippo
Dean re 44 Reply to
Opposition/Response (Litt, William) (Filed on 2/27/2018) (Entered:
02/27/2018)
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03/20/2018
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46
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Minute Entry for proceedings held
before Magistrate Judge Susan van Keulen.
Motion Hearing held on 3/20/2018 re 42 Motion to Dismiss Amended Complaint Pursuant FRCP Rule 12(b)(6) filed by Flippo Dean. Parties present oral arguments. The Court takes matter under submission; written order to be issued. The Court will allow leave to amend if motion to dismiss is granted but will set a condensed schedule. FTR Time: 10:56 to 11:24 (28 mins.) For Plaintiff(s): Steve Andre. For Defendant(s): William Litt. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Date Filed: 3/20/2018) (Entered: 03/20/2018) |
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04/04/2018
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ORDER GRANTING 42 DEFENDANT DEAN FLIPPO'S MOTION TO
DISMISS AMENDED COMPLAINT WITHOUT LEAVE TO AMEND. Signed by Magistrate Judge
Susan van Keulen on 4/4/2018. (ofr, COURT STAFF) (Filed on 4/4/2018)
(Entered: 04/04/2018)
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04/10/2018
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48
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CLERK'S NOTICE SETTING INITIAL
CASE MANAGEMENT CONFERENCE: Initial Case Management Conference is set for
5/15/2018 at 9:30 AM in San Jose, Courtroom 6, 4th Floor before Magistrate
Judge Susan van Keulen. Joint Case Management Statement due by
5/8/2018. (This is a text-only entry generated by the court. There is
no document associated with this entry.)(ofr, COURT STAFF) (Filed on
4/10/2018) (Entered: 04/10/2018)
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04/16/2018
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04/25/2018
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50
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CLERK'S NOTICE RESETTING MAY 15,
2018 INITIAL CASE MANAGEMENT CONFERENCE BEFORE MAGISTRATE JUDGE SUSAN VAN
KEULEN: 5/15/2018 Initial Case Management Conference is reset to 5/22/2018 at
9:30 AM in San Jose, Courtroom 6, 4th Floor, before Magistrate Judge Susan
van Keulen. Joint Case Management Statement due by 5/15/2018.(This is a
text-only entry generated by the court. There is no document associated with
this entry.) (ofr, COURT STAFF) (Filed on 4/25/2018) (Entered:
04/25/2018)
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04/26/2018
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ORDER DENYING 49 LEAVE TO FILE PLAINTIFF'S MOTION FOR
RECONSIDERATION. Signed by Magistrate Judge Susan van Keulen on 4/26/2018.
(ofr, COURT STAFF) (Filed on 4/26/2018) (Entered: 04/26/2018)
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05/15/2018
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JOINT CASE MANAGEMENT
STATEMENT filed by City of Carmel, Ronald Pfleger. (Thompson, Ryan)
(Filed on 5/15/2018) (Entered: 05/15/2018)
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05/15/2018
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NOTICE OF APPEAL to the 9th
Circuit Court of Appeals filed by Stacy Lininger. Appeal of First MOTION for
Reconsideration re 47 Order on Motion to Dismiss 49 , Order on Motion to Dismiss 47 , Order on Motion for
Reconsideration 51 (Appeal fee FEE NOT PAID.) (Andre,
Steve) (Filed on 5/15/2018) (Entered: 05/15/2018)
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05/16/2018
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USCA Case Number 18-15886 9th
circuit court of appeals for 53 Notice of Appeal, filed by Stacy
Lininger. (cv, COURT STAFF) (Filed on 5/16/2018) (Entered: 05/16/2018)
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05/22/2018
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55
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Minute Entry for proceedings held
before Magistrate Judge Susan van Keulen.
Initial Case Management Conference held on 5/22/2018. The court sets the following case schedule: Last Day to Seek Leave to Amend Pleadings: 8/13/2018. Close of Fact Discovery: 1/25/2019. Expert Disclosure: 2/8/2019. Rebuttal Expert Disclosures: 3/1/2019. Close of Expert Discovery: 3/29/2019. Dispositive Motion Filing Deadline: 4/30/2019. Last Day to Hear Dispositive Motions: 6/4/2019 at 10:00 AM in Courtroom 6, 4th Floor, San Jose. Final Pretrial Conference: 7/11/2019 at 9:30 AM in Courtroom 6, 4th Floor, San Jose. Jury Selection/Jury Trial: 8/5/2019 at time TBD in Courtroom 6, 4th Floor, San Jose. Further Case Management Conference: 2/5/2019 at 9:30 AM in Courtroom 6, 4th Floor, San Jose. The court refers this matter to Magistrate Judge Virginia DeMarchi for settlement. Parties to complete settlement conference after close of fact discovery but before hearing on summary judgment motions. Parties may also schedule earlier if necessary. Parties are instructed to contact Judge DeMarchi's Courtroom Deputy Patricia Cromwell at 408-535-5365 to schedule settlement conference. Request for Admissions: limited to 50 per side excluding those directed to document authentication; parties may make a showing for good cause to request additional. FTR Time: 9:40 to 9:50 (10 mins.) For Plaintiff(s): Steve Andre. For Defendant(s): Ryan M. Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Date Filed: 5/22/2018) (Entered: 05/22/2018) |
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05/24/2018
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 PDF with attached Audio File. Court
Date & Time [ 5/22/2018 9:40:32 AM ]. File Size [ 4664 KB ]. Run Time [
00:09:43 ]. (courtspeak). (Entered: 05/24/2018) |
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