Rose v. City of Suisun City et al

California Eastern District Court
Judge:	Dale A Drozd
Referred:	Carolyn K Delaney
Case #:	2:21-cv-02214
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1441 Petition for Removal- Personal Injury

Case Filed:	Dec 01, 2021
Terminated:	Apr 02, 2025
Case in other court:	Solano Superior Court, FCS057055

Last checked: Monday May 30, 2022 2:33 AM PDT

Defendant Amtrak
Defendant City of Suisun City	Represented By Danielle K. Lewis Selman Breitman LLP contact info
Plaintiff Nickolas G. Rose 4501 Pampas Ave. Oakland, CA 94619	Represented By Joel David Siegel Snr Denton Us LLP contact info Joel H. Siegal Joel Siegel contact info Richard L. Richardson Siegal And Richardson LLP contact info

	GPO Jan 05 2022 ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/05/2022 GRANTING Substitution of Attorney 5. Joel H. Siegal and Richard L. Richardson added as counsel for the Plaintiff.(Streeter, J)
	GPO Aug 10 2022 ORDER signed by District Judge Troy L. Nunley on 8/8/22 GRANTING 3 Defendant's Motion to Dismiss as follows: Defendant's Motion to Dismiss Count One is GRANTED with leave to amend; Defendant's Motion to Dismiss Count Two is GRANTED without leave to amend; and Defendant's Motion to Dismiss Count Three is GRANTED with leave to amend. Plaintiff may file an amended complaint within 30 days of the electronic filing date of this Order. Defendant's responsive pleading is due within 21 days of the electronic filing date of Plaintiff's amended complaint. (Kastilahn, A)
	GPO Oct 14 2022 ORDER signed by District Judge Dale A. Drozd on 10/13/2022 SUBSTITUTING Attorney Vincent Castillo (Allen Glaessner Hazelwood & Werth LLP) for Vincent Castillo (Castillo, Moriarty, Tran & Robinson). (Spichka, K.)
	GPO Oct 14 2022 ORDER signed by District Judge Dale A. Drozd on 10/13/2022 SUBSTITUTING Attorney Alexei Offill-Klein (Allen Glaessner Hazelwood & Werth LLP) for Alexei Offill-Klein (Castillo, Moriarty, Tran & Robinson). (Spichka, K.)
	GPO Apr 16 2024 ORDER signed by District Judge Dale A. Drozd on 04/15/2024 GRANTING 35 Defendants Motion for Judgment without leave to amend. Defendants Amtrak and Union Pacific Railroad Company have been terminated from this action. The Clerk of the Court shall enter Judgment for Defendants Amtrak and Union Pacific Railroad Company. (Nair, C)

Docket last updated: 05/02/2025 11:59 PM PDT

Wednesday, April 02, 2025
49		49 order Judgment Wed 04/02 9:36 AM JUDGMENT dated 4/2/2025 pursuant to order signed by District Judge Dale A. Drozd on 4/1/2025 in favor of City of Suisun City. (Deputy Clerk RRB) Related: [-]
48		48 6 pgs order Order ~Util - Terminate Civil Case ~Util - Add and Terminate Parties Order on Motion for Judgment Wed 04/02 9:35 AM ORDER signed by District Judge Dale A. Drozd on 4/1/2025 GRANTING the42 motion for judgment on the pleadings filed by defendant City of Suisun City as to all claims asserted against it, without leave to amend. CASE CLOSED. (Deputy Clerk RRB) Related: [-]
Wednesday, November 20, 2024
47		47 respm Statement of Non-Opposition Wed 11/20 4:09 PM STATEMENT of NON-OPPOSITION by Nickolas G. Rose to42 Motion for Judgment,. (Siegal, Joel) Related: [-]
Tuesday, November 19, 2024
46		46 order Minute Order Tue 11/19 12:47 PM MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 11/19/2024: Having considered plaintiff's45 response, the 44 order to show cause why this action should not be dismissed due to plaintiff's failure to prosecute is hereby DISCHARGED. (Buzo, P) Related: [-]
Monday, November 18, 2024
45		45 respm Statement of Non-Opposition Mon 11/18 12:13 PM STATEMENT of NON-OPPOSITION by Nickolas G. Rose to42 Motion for Judgment,. (Richardson, Richard) Related: [-]
Tuesday, November 12, 2024
44		44 order Minute Order ~Util - 1 Terminate Deadlines and Hearings Tue 11/12 11:36 AM MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 11/12/2024: Pursuant to Local Rule 230(c), because defendant City of Suisun City filed a motion for judgment on the pleadings on 10/11/2024, plaintiff's deadline to file either an opposition or a statement of non-opposition to the pending motion was on 10/25/2024. Plaintiff has failed to comply with the Local Rules in this regard. On 11/4/2024, defendant City of Suisun City filed a43 reply identifying this failure. Notably, plaintiff has not filed any response to this43 filing either. Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE , by no later than 11/18/2024, why this action should not be dismissed due to plaintiff's failure to comply with this court's Local Rules and apparent failure to prosecute this action. Plaintiff is cautioned that failure to respond to this order to show cause may result in dismissal. In addition, the hearing on the pending42 motion set for 11/19/2024 is hereby VACATED, to be reset at a later date if the court determines that oral argument is needed. (Buzo, P) Related: [-]
Monday, November 04, 2024
43		43 misc Reply Mon 11/04 4:05 PM REPLY by City of Suisun City re42 Motion for Judgment,. (Lewis, Danielle) Related: [-]
Friday, October 11, 2024
42		42 motion Judgment Fri 10/11 3:48 PM MOTION for JUDGMENT On The Pleadings by City of Suisun City. Motion Hearing set for 11/19/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Lewis, Danielle) Related: [-]
		Att: 1 Memorandum Memorandum of Points and Authorities In Support of Defendant City of Suisun City's Motion for Judgment on the Pleadings,
		Att: 2 Declaration Danielle K. Lewis In Support of Defendant City of Suisun City's Motion for Judgment on the Pleadings
Wednesday, April 17, 2024
41		41 answer Answer to Complaint Wed 04/17 6:31 PM ANSWER by City of Suisun City.(Lewis, Danielle) Related: [-]
Tuesday, April 16, 2024
40		40 order Judgment Tue 04/16 11:01 AM JUDGMENT dated 04/16/2024 pursuant to order signed by District Judge Dale A. Drozd on 04/15/2024 in favor of Amtrak and Union Pacific Railroad Company against Nickolas G. Rose. (Nair, C) Related: [-]
39		39 9 pgs order Order ~Util - Add and Terminate Parties Order on Motion for Judgment Tue 04/16 10:59 AM ORDER signed by District Judge Dale A. Drozd on 04/15/2024 GRANTING35 Defendants Motion for Judgment without leave to amend. Defendants Amtrak and Union Pacific Railroad Company have been terminated from this action. The Clerk of the Court shall enter Judgment for Defendants Amtrak and Union Pacific Railroad Company. (Nair, C) Related: [-]
Wednesday, November 15, 2023
38		38 misc Reply Wed 11/15 4:54 PM REPLY BRIEF by Amtrak, Union Pacific Railroad Company in Support of Motion for Judgment on the Pleadings re37 Opposition to Motion. (Offill-Klein, Alexei) Modified on 11/16/2023 Related [+] Related: [-] ader, L
Monday, November 13, 2023
37		37 respm Opposition to Motion Mon 11/13 3:36 PM OPPOSITION by Nickolas G. Rose to35 Motion for Judgment,. (Siegal, Joel) Related: [-]
36		36 order Minute Order ~Util - Motions Submitted/Under Advisement Order on Motion for Judgment Mon 11/13 1:32 PM MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 11/13/2023: Pursuant to Local Rule 230(g), the pending35 Motion is SUBMITTED without oral argument. Accordingly, the hearing set for 12/5/2023 is VACATED, to be reset at a later date if the court determines that oral argument is needed.(Buzo, P) Related: [-]
Tuesday, October 31, 2023
35		35 motion Judgment Tue 10/31 4:08 PM MOTION for JUDGMENT on the Pleadings by Amtrak, Union Pacific Railroad Company. Attorney Laughlin, John added. Motion Hearing set for 12/5/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd.(Laughlin, John) Related: [-]
		Att: 1 Declaration of John Laughlin,
		Att: 2 Proposed Order
Tuesday, January 03, 2023
34		34 notice Notice (Other) Tue 01/03 4:36 PM NOTICE OF CHANGE IN COUNSEL CONTACT INFORMATION by City of Suisun City. (Lewis, Danielle) Related: [-]
Friday, October 14, 2022
33		33 1 pgs order Order Fri 10/14 11:19 AM ORDER signed by District Judge Dale A. Drozd on 10/13/2022 SUBSTITUTING Attorney Alexei Offill-Klein (Allen Glaessner Hazelwood & Werth LLP) for Alexei Offill-Klein (Castillo, Moriarty, Tran & Robinson). (Spichka, K.) Related: [-]
32		32 1 pgs order Order Fri 10/14 11:18 AM ORDER signed by District Judge Dale A. Drozd on 10/13/2022 SUBSTITUTING Attorney Vincent Castillo (Allen Glaessner Hazelwood & Werth LLP) for Vincent Castillo (Castillo, Moriarty, Tran & Robinson). (Spichka, K.) Related: [-]
Thursday, October 13, 2022
31		31 notice Notice of Interested Parties Thu 10/13 11:09 AM NOTICE OF INTERESTED PARTIES by Union Pacific Railroad Company. Attorney Castillo, Vincent added. (Castillo, Vincent) Related: [-]
30		30 notice Notice of Interested Parties Thu 10/13 11:07 AM NOTICE OF INTERESTED PARTIES by Amtrak. Attorney Castillo, Vincent added. (Castillo, Vincent) Related: [-]
Tuesday, October 11, 2022
29		29 answer Answer to Complaint Tue 10/11 11:29 AM ANSWER with Jury Demand by Union Pacific Railroad Company. Attorney Offill-Klein, Alexei N. added.(Offill-Klein, Alexei) Related: [-]
28		28 answer Answer to Complaint Tue 10/11 11:28 AM ANSWER with Jury Demand by Amtrak.(Offill-Klein, Alexei) Related: [-]
Friday, September 30, 2022
27		27 misc Substitution of Attorney - Proposed Fri 09/30 3:57 PM SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Amtrak. (Offill-Klein, Alexei) Related: [-]
26		26 misc Substitution of Attorney - Proposed Fri 09/30 3:55 PM SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Amtrak. (Castillo, Vincent) Related: [-]
Tuesday, September 27, 2022
25		25 misc Stipulation Tue 09/27 11:14 AM STIPULATION re18 Amended Complaint to Extend Responsive Pleading Deadline by Amtrak. Attorney Offill-Klein, Alexei N. added. (Offill-Klein, Alexei) Related: [-]
Monday, September 26, 2022
		order Minute Order Mon 09/26 1:59 PM MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/26/2022: Pursuant to the parties'23 Stipulation, plaintiff shall file its second amended complaint within seven (7) days from the date of entry of this order, and defendant shall file a response to plaintiff's second amended complaint no later than twenty-one (21) days after the filing of the second amended complaint. (Buzo, P) Related: [-]
Friday, September 23, 2022
23		23 misc Stipulation and Proposed Order Fri 09/23 4:37 PM STIPULATION and PROPOSED ORDER for Leave to File Second Amended Complaint by Nickolas G. Rose. (Siegal, Joel) Related: [-]
Tuesday, September 20, 2022
		order Minute Order Tue 09/20 12:23 PM MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 9/20/2022. On 9/16/2022, plaintiff and defendant City of Suisun City filed a21 Stipulation to extend the time for defendant City of Suisun City to respond to the19 First Amended Complaint. Pursuant to the21 stipulation, and good cause appearing, defendant City of Suisun City's responsive pleading deadline to the19 first amended complaint is hereby extended to 9/30/2022.(Buzo, P) Related: [-]
Friday, September 16, 2022
21		21 misc Stipulation and Proposed Order Fri 09/16 3:21 PM STIPULATION and PROPOSED ORDER for Extending Time to Respond to First Amended Complaint by City of Suisun City. (Lewis, Danielle) Related: [-]
Friday, September 02, 2022
20		20 service Summons Fri 09/02 8:54 AM SUMMONS ISSUED as to Union Pacific Railroad Company with answer to complaint due within 21 days. Attorney Joel H. Siegal Siegal & Richardson, LLP 436 14th Street, Suite 1106 Oakland, California 94612. (Zignago, K.) Related: [-]
Friday, August 26, 2022
19		19 cmp Amended Complaint Fri 08/26 10:51 AM FIRST AMENDED COMPLAINT against All Defendants by Nickolas G. Rose.(Siegal, Joel) Related: [-]
18		18 cmp Amended Complaint Fri 08/26 10:48 AM FIRST AMENDED COMPLAINT against Nickolas G. Rose by Nickolas G. Rose.(Siegal, Joel) Related: [-]
Thursday, August 25, 2022
17		17 order DAD Standing Order Thu 08/25 2:21 PM STANDING ORDER signed by District Judge Dale A. Drozd on 08/25/22. (Benson, A.) Related: [-]
16		16 1 pgs misc Order Reassigning District Judge Thu 08/25 2:21 PM ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge Troy L. Nunley to * District Judge Dale A. Drozd* for all further proceedings. (Benson, A.) Related: [-]
Wednesday, August 10, 2022
15		15 7 pgs order Order on Motion to Dismiss Wed 08/10 10:07 AM ORDER signed by District Judge Troy L. Nunley on 8/8/22 GRANTING3 Defendant's Motion to Dismiss as follows: Defendant's Motion to Dismiss Count One is GRANTED with leave to amend; Defendant's Motion to Dismiss Count Two is GRANTED without leave to amend; and Defendant's Motion to Dismiss Count Three is GRANTED with leave to amend. Plaintiff may file an amended complaint within 30 days of the electronic filing date of this Order. Defendant's responsive pleading is due within 21 days of the electronic filing date of Plaintiff's amended complaint. (Kastilahn, A) Related: [-]
Thursday, February 03, 2022
14		14 respm Reply to Response to Motion Thu 02/03 10:46 AM REPLY by City of Suisun City to RESPONSE to3 Motion to Dismiss. (Lewis, Danielle) Modified on 2/3/2022 (Kaminski, H) Related: [-]
Thursday, January 13, 2022
		order Minute Order ~Util - Motions Submitted/Under Advisement Thu 01/13 7:47 AM MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/13/2022: On the Court's own motion, Defendant's Motion to Dismiss (ECF No.3 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 2/10/2022 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Defendant may still file a reply brief in accordance with Local Rule 230(d) and the 2/10/2022 date. (TEXT ONLY ENTRY) (Krueger, M) Related: [-]
Wednesday, January 12, 2022
12		12 respm Opposition to Motion Wed 01/12 4:34 PM OPPOSITION by Nickolas G. Rose to3 Motion to Dismiss,. (Siegal, Joel) Related: [-]
Monday, January 10, 2022
11		11 adr Consent to VDRP Mon 01/10 9:14 AM CONSENT to VDRP by Nickolas G. Rose.(Siegal, Joel) Related: [-]
10		10 misc Consent/Decline of U.S. Magistrate Judge Jurisdiction Mon 01/10 9:13 AM CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Siegal, Joel) Related: [-]
Wednesday, January 05, 2022
8		8 misc Civil New Case Documents for TLN Wed 01/05 2:45 PM CIVIL NEW CASE DOCUMENTS ISSUED; (Donati, J) Related: [-]
		Att: 1 Consent Form,
		Att: 2 VDRP
6		6 2 pgs order Order ~Util - Add and Terminate Attorneys Wed 01/05 1:31 PM ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/05/2022 GRANTING Substitution of Attorney5 . Joel H. Siegal and Richard L. Richardson added as counsel for the Plaintiff.(Streeter, J) Related: [-]
5		5 misc Substitution of Attorney - Proposed Wed 01/05 9:47 AM SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Nickolas G. Rose. (Siegal, Joel) Related: [-]
		order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Motion to Dismiss Wed 01/05 2:05 PM MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Carolyn K. Delaney on 01/05/2021: The Court has granted the substitution of attorneys Joel H. Siegel and Richard L. Richardson as counsel for plaintiff who was previously proceeding pro se in this case (ECF No.5 ). Pursuant to Local Rule 302(c)(21), the case is referred back to the assigned District Judge, Troy L Nunley and the Pro Se designation is removed. All previously scheduled deadlines and hearing dates before Magistrate Judge Carolyn K. Delaney are VACATED.(Streeter, J) Related: [-]
		order Minute Order ~Util - Set/Reset Motion Hearing Wed 01/05 3:09 PM MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/5/2022: In light of the order referring this case back to District Judge Troy L. Nunley, the Hearing on Defendant City of Suisun City's Motion to Dismiss (ECF No.3 ) is hereby RESET for 2/10/2022 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. All briefing shall be filed in accordance with Local Rule 230 and the new hearing date. (TEXT ONLY ENTRY) (Krueger, M) Related: [-]
Tuesday, January 04, 2022
4		4 notice Notice (Other) Tue 01/04 11:46 AM NOTICE of Substitution of Attorney by Nickolas G. Rose. Attorney Siegal, Joel H. added. (Siegal, Joel) Related: [-]
Wednesday, December 08, 2021
3		3 motion Dismiss Wed 12/08 2:42 PM MOTION to DISMISS by City of Suisun City. Motion Hearing set for 1/26/2022 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.(Lewis, Danielle) Related: [-]
		Att: 1 Points and Authorities,
		Att: 2 Request for Judicial Notice,
		Att: 3 Proposed Order,
		Att: 4 Proof of Service
Wednesday, December 01, 2021
2		2 misc Civil New Case Documents for TLN Wed 12/01 5:14 PM CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 5/4/2022 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Mena-Sanchez, L) Related: [-]
		Att: 1 Consent Form
1		1 15 pgs notice Notice of Removal Wed 12/01 1:09 PM NOTICE of REMOVAL from Solano Superior Court, case number FCS057055 by City of Suisun City.(Filing fee $ 402, receipt number ACAEDC-9952760) (Lewis, Danielle) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proof of Service
		service Service by Mail Wed 12/01 5:15 PM SERVICE BY MAIL:2 Civil New Case Documents for TLN served on Nickolas G Rose. (Mena-Sanchez, L) Related: [-]

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