M.P. et al v. County of San Joaquin et al
| California Eastern District Court | |
| Judge: | Kimberly J Mueller |
| Case #: | 2:23-cv-00245 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Feb 08, 2023 |
| Last checked: Saturday Aug 12, 2023 5:46 AM PDT |
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Defendant
Paula Aleyda Aragon De Gonzalez
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Represented By
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Defendant
Mary M. Cendana
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Represented By
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Defendant
County of San Joaquin
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Represented By
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Defendant
Patrick Withrow
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Represented By
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Plaintiff
Roy McCollum
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Represented By
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Plaintiff
M. P.
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Represented By
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GPO
May 10 2023
ORDER signed by Magistrate Judge Allison Claire on 05/09/23 ORDERING plaintiffs' counsel submit a supplemental declaration in compliance with Local Rule 202(c) within 7 days of this order. (Licea Chavez, V) |
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GPO
May 10 2023
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 5/10/23 ORDERING defendants to SHOW CAUSE in writing within 10 days of this order why they have not filed their consent/decline forms. Submission of the forms will automatically discharge this order. Failure to file the forms or show good cause may result in sanctions. (Kastilahn, A) |
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GPO
May 15 2023
ORDER signed by Magistrate Judge Allison Claire on 5/12/2023 GRANTING 9 Motion to Appoint Roy McCollum as guardian ad litem for his minor grandchild, plaintiff M.P. (Perdue, C.) |
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GPO
May 19 2023
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 05/18/23 EXTENDING date to 06/19/23 for defendants County of San Joaquim, Withrow, De Gonzales and Cendana to file their response to the Complaint. (Benson, A.) |
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GPO
Jun 22 2023
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 6/22/2023 APPROVING IN PART 23 Stipulation. Defendants shall file their response to 1 Complaint by 7/31/2023. If County Defendants elect to file any response other than an answer, Plaintiff shall have 30 days from the filed date to file their opposition. (Donati, J) |
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GPO
Jun 23 2023
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 6/22/2023. (Perdue, C.) |
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GPO
Aug 01 2023
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/31/23 GRANTING 27 Stipulation. Defendants need not file a response to Plaintiffs' Complaint on 7/31/23. Plaintiffs may have until 9/15/23 to file a First Amended Complaint and County Defendants shall file their response 30 days later. The Initial Scheduling Conference is RE-SET to 11/16/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Kastilahn, A) |
| Docket last updated: 05/16/2025 11:59 PM PDT |
| Wednesday, May 14, 2025 | ||
| 40 | 40
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Wed 05/14 3:57 PM
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 5/14/2025: The Settlement Conference on 6/10/2025 is RESET for 12/9/2025 at 10:00 AM via Zoom before Magistrate Judge Sean C. Riordan. Each party is required to have an individual with full settlement authority present. At least seven (7) days prior to the conference, 12/2/2025, the parties are DIRECTED to submit confidential settlement conference statements to chambers via email at scrorders@caed.uscourts.gov by 5:00 p.m. PT. Such statements shall not be filed with the Clerk, however, each party shall e-file a one-page document entitled "Notice of Submission of Confidential Settlement Conference Statement". See Local Rule 270(d). Furthermore, the Pre-settlement Conference on 6/5/2025 is RESET for 12/4/2025 at 2:30 PM, to be conducted through Zoom. The lead attorney from each side is required to attend the Pre-settlement Conference. The parties will receive instructions closer to the hearing date on how to appear. (Deputy Clerk SH) |
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| Friday, March 28, 2025 | ||
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pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 03/28 12:05 PM
ORDER signed by Senior District Judge Kimberly J. Mueller on 03/26/25 RESETTING the deadlines as follows: Fact Discovery: 11/14/25; Settlement Conference 12/09/25; Expert Disclosures: 01/16/26; Rebuttal Experts: 02/20/26; Expert Discovery: 04/17/26; Dispositive Motions: 06/15/26. (Deputy Clerk VLC) |
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4
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings
Fri 03/28 8:47 AM
ORDER signed by Magistrate Judge Sean C. Riordan on 03/27/25 SETTING a Settlement Conference to 6/10/2025 at 10:00 AM in Courtroom 27 (SCR) before Magistrate Judge Sean C. Riordan, via ZOOM and DIRECTING parties to submit a confidential settlement conference no later than 06/03/25 to Magistrate Judge Riordan. (Deputy Clerk VLC) |
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| Tuesday, March 25, 2025 | ||
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 03/25 11:17 AM
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 3/25/2025: The parties are hereby notified that a Settlement Conference is SET for 6/10/2025 at 10:00 AM before Magistrate Judge Sean C. Riordan. The Settlement Conference will take place by Zoom. Each party is required to have an individual with full settlement authority present. At least seven (7) days prior to the conference, 6/3/2025, the parties are DIRECTED to submit confidential settlement conference statements to chambers via email at scrorders@caed.uscourts.gov by 5:00 p.m. PT. Such statements shall not be filed with the Clerk, however, each party shall e-file a one-page document entitled "Notice of Submission of Confidential Settlement Conference Statement". See Local Rule 270(d). Furthermore, a Pre-settlement Conference is SET for 6/5/2025 at 2:30 PM, conducted through Zoom. The lead attorney from each side is required to attend the Pre-settlement Conference. The parties will receive instructions closer to the hearing date on how to appear. (Deputy Clerk SH) |
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misc
Stipulation and Proposed Order
Tue 03/25 9:24 AM
STIPULATION and PROPOSED ORDER Extending Scheduling Order Deadlines re35 Scheduling Order,, by Roy McCollum, M. P.. (Helm, Thomas) |
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| Wednesday, October 23, 2024 | ||
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order
Scheduling Order
Wed 10/23 1:38 PM
STIPULATION AND SCHEDULING ORDER signed by Senior District Judge Kimberly J. Mueller on 10/23/2024 EXTENDING Scheduling Order Dates: Fact Discovery by 5/15/2025; Settlement Conference on 6/10/2025; Expert Disclosures by 7/17/2025; Exchange of Rebuttal Expert Witnesses by 8/21/2025; All Expert Discovery by 10/20/2025; Dispositive Motions filed by 12/15/2025; and assigning Magistrate Judge Sean C. Riordan for the settlement conference. (Becknal, R.) |
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| Tuesday, October 15, 2024 | ||
| 34 | 34
misc
Stipulation and Proposed Order
Tue 10/15 2:09 PM
STIPULATION and PROPOSED ORDER for to Extend Scheduling Order Deadlines re 33 Scheduling Conference,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,, by Paula Aleyda Aragon De Gonzalez, Mary M. Cendana, County of San Joaquin, Patrick Withrow. (Whitefleet, John) |
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| Thursday, November 16, 2023 | ||
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minutes
Scheduling Conference ~Util - 1 Set/Reset Deadlines and Hearings
Thu 11/16 3:19 PM
MINUTES for Scheduling Conference held (via videoconference) before Chief District Judge Kimberly J. Mueller on 11/16/2023, and FRCP 16 ORDER: Plaintiffs' Counsel, Kennedy Helm, present. Defendants; Counsel, John Whitefleet and Nikki Dow, present. The court and counsel discussed case scheduling. After careful consideration of the parties' comments, and confirming that initial disclosures as required by Federal Rule of Civil Procedure 26(a) have been completed the court ORDERS the following pre-trial case schedule: Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 11/30/2023; fact discovery shall be completed by 11/15/2024; expert disclosures shall be completed by 1/17/2025; rebuttal expert witnesses shall be exchanged by 2/21/2025; all expert discovery shall be completed by 4/18/2025; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be filed by 6/13/2025, and noticed for a hearing on the earliest available law and motion date in accordance with Local Rule 230(a). Motions regarding discovery shall be noticed before the Magistrate Judge, as provided by Local Rule 302(c). Except as otherwise provided in this order, no further joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 60910 (9th Cir. 1992). After consideration of the parties' comments related to settlement, the court will refer the matter to a settlement conference before a randomly assigned magistrate judge with the settlement conference to be completed by 12/10/2024. Magistrate Judge Deborah L. Barnes is randomly assigned. The parties shall contact Courtroom Deputy Shelly Her at (916) 930-4128 to schedule a Settlement Conference before Judge Barnes. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's civil standing order, located on the court's webpage for Judge Mueller are incorporated by reference into this Rule 16 order. SO ORDERED. Court Reporter: ECRO: Otilia Rosales. (Text Only Entry) (Francel, M.) |
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| Thursday, November 02, 2023 | ||
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misc
Status Report
Thu 11/02 2:53 PM
JOINT STATUS REPORT by Roy McCollum, M. P.. (Helm, Thomas) |
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| Thursday, October 12, 2023 | ||
| 31 | 31
answer
Answer to Complaint
Thu 10/12 1:18 PM
ANSWER with Jury Demand by Paula Aleyda Aragon De Gonzalez, Cynthia Borges-Odell, Teffany Calica, Mary M. Cendana, County of San Joaquin, Marie Daguman, James Farr, Kayla Long, Rita Mananquil, Pablo Marmalejo, Margarita Palomera, Mario Pena, Moris Senegor, Eric Sessions, Kevin Torres, Patrick Withrow. Attorney Whitefleet, John Robert added.(Whitefleet, John) |
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| Monday, September 18, 2023 | ||
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service
Summons
Mon 09/18 10:24 AM
SUMMONS ISSUED as to *Cynthia Borges-Odell, Teffany Calica, Marie Daguman, James Farr, Kayla Long, Rita Mananquil, Pablo Marmalejo, Margarita Palomera, Mario Pena, Moris Senegor, Eric Sessions, Kevin Torres* with answer to complaint due within *21* days. Attorney *Sanjay Stephen Schmidt* *Law Office of Sanjay S. Schmidt* *1388 Sutter St., Suite 810* *San Francisco, CA 94109*. (Benson, A.) |
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| Friday, September 15, 2023 | ||
| 29 | 29
cmp
Amended Complaint
Fri 09/15 11:55 PM
FIRST AMENDED COMPLAINT against All Defendants by M. P., Roy McCollum.(Schmidt, Sanjay) |
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| Tuesday, August 01, 2023 | ||
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order
Stipulation and Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 08/01 11:32 AM
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/31/23 GRANTING27 Stipulation. Defendants need not file a response to Plaintiffs' Complaint on 7/31/23. Plaintiffs may have until 9/15/23 to file a First Amended Complaint and County Defendants shall file their response 30 days later. The Initial Scheduling Conference is RE-SET to 11/16/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Kastilahn, A) |
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| Thursday, July 27, 2023 | ||
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misc
Stipulation and Proposed Order
Thu 07/27 2:22 PM
STIPULATION and PROPOSED ORDER for Filing of First Amended Complaint and Relieving Defendants from Responding to Complaint (ECF No. 25) by Paula Aleyda Aragon De Gonzalez, Mary M. Cendana, County of San Joaquin, Patrick Withrow. (Whitefleet, John) |
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| Friday, June 23, 2023 | ||
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order
Stipulation and Order Protective Order
Fri 06/23 9:07 AM
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 6/22/2023. (Perdue, C.) |
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| Thursday, June 22, 2023 | ||
| 25 | 25
order
Stipulation and Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 06/22 3:06 PM
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 6/22/2023 APPROVING IN PART23 Stipulation. Defendants shall file their response to1 Complaint by 7/31/2023. If County Defendants elect to file any response other than an answer, Plaintiff shall have 30 days from the filed date to file their opposition. (Donati, J) |
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| Friday, June 16, 2023 | ||
| 24 | 24
misc
Stipulation and Proposed Order
Fri 06/16 9:48 AM
STIPULATION and PROPOSED ORDER for Protective Order by Paula Aleyda Aragon De Gonzalez, Mary M. Cendana, County of San Joaquin, Patrick Withrow. (Whitefleet, John) |
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| Tuesday, June 13, 2023 | ||
| 23 | 23
misc
Stipulation and Proposed Order
Tue 06/13 7:19 PM
STIPULATION and PROPOSED ORDER for Extending Time To Respond To Complaint re16 Stipulation and Order by Roy McCollum, M. P.. (Helm, Thomas) |
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| Thursday, May 25, 2023 | ||
| 22 | 22
misc
Civil New Case Documents for KJM
Thu 05/25 3:21 PM
AMENDED CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 10/5/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Mena-Sanchez, L) |
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Att: 1
Standing Order,
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Att: 2
Consent Form,
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Att: 3
VDRP
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misc
Clerk's Notice Reassigning Case
Thu 05/25 3:15 PM
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Kimberly J. Mueller and Magistrate Judge Allison Claire. The new case number is: 2:23-cv-00245-KJM-AC. (Mena-Sanchez, L) |
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| Wednesday, May 24, 2023 | ||
| 20 | 20
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Wed 05/24 2:36 PM
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. (Whitefleet, John) |
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| 19 | 19
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Wed 05/24 2:34 PM
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. (Whitefleet, John) |
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| 18 | 18
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Wed 05/24 2:32 PM
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. (Whitefleet, John) |
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| 17 | 17
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Wed 05/24 2:24 PM
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. (Whitefleet, John) |
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| Friday, May 19, 2023 | ||
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order
Stipulation and Order
Fri 05/19 11:13 AM
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 05/18/23 EXTENDING date to 06/19/23 for defendants County of San Joaquim, Withrow, De Gonzales and Cendana to file their response to the Complaint. (Benson, A.) |
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| Thursday, May 18, 2023 | ||
| 15 | 15
misc
Stipulation and Proposed Order
Thu 05/18 10:10 AM
STIPULATION and PROPOSED ORDER for Extending Time To Respond To Complaint by Roy McCollum, M. P.. (Helm, Thomas) |
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| Monday, May 15, 2023 | ||
| 14 | 14
3
pgs
order
Order Order on Motion to Appoint Guardian/Attorney ad Litem
Mon 05/15 9:29 AM
ORDER signed by Magistrate Judge Allison Claire on 5/12/2023 GRANTING9 Motion to Appoint Roy McCollum as guardian ad litem for his minor grandchild, plaintiff M.P. (Perdue, C.) |
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| Thursday, May 11, 2023 | ||
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misc
Declaration
Thu 05/11 5:19 PM
DECLARATION of T. Kennedy Helm, IV re9 Motion to Appoint Guardian ad Litem,11 Order, Set/Reset Deadlines and Hearings. (Helm, Thomas) |
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| Wednesday, May 10, 2023 | ||
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2
pgs
order
Order to Show Cause
Wed 05/10 11:46 AM
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 5/10/23 ORDERING defendants to SHOW CAUSE in writing within 10 days of this order why they have not filed their consent/decline forms. Submission of the forms will automatically discharge this order. Failure to file the forms or show good cause may result in sanctions. (Kastilahn, A) |
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| 11 | 11
2
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings
Wed 05/10 10:19 AM
ORDER signed by Magistrate Judge Allison Claire on 05/09/23 ORDERING plaintiffs' counsel submit a supplemental declaration in compliance with Local Rule 202(c) within 7 days of this order. (Licea Chavez, V) |
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| Monday, May 08, 2023 | ||
| 10 | 10
misc
Declaration
Mon 05/08 5:21 PM
DECLARATION of Roy McCollum re1 Complaint. (Helm, Thomas) |
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| 9 | 9
motion
Appoint Guardian ad Litem
Mon 05/08 5:12 PM
MOTION to APPOINT GUARDIAN AD LITEM For Minor Plaintiff M.P. by Roy McCollum, M. P..(Helm, Thomas) |
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Att: 1
CONSENT OF NOMINEE ROY MCCOLLUM FOR APPOINTMENT AS GUARDIAN AD LITEM FOR MINOR PLAINTIFF M.P., SUCCESSOR IN INTEREST TO BRITTANY CAITLIN MCCULLUM. (Fed. R. Civ. P. 17(c)),
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Att: 2
[PROPOSED] ORDER GRANTING APPLICATION OF ROY MCCOLLUM FOR APPOINTMENT AS GUARDIAN AD LITEM FOR MINOR PLAINTIFF M.P., SUCCESSOR IN INTEREST TO BRITTANY CAITLIN MCCULLUM
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| Friday, May 05, 2023 | ||
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service
Summons Returned Executed
Fri 05/05 9:17 AM
SUMMONS RETURNED EXECUTED: Patrick Withrow served on 5/1/2023, answer due 5/22/2023. (Helm, Thomas) |
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| 7 | 7
service
Summons Returned Executed
Fri 05/05 9:16 AM
SUMMONS RETURNED EXECUTED: Paula Aleyda Aragon De Gonzalez served on 5/1/2023, answer due 5/22/2023. (Helm, Thomas) |
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| 6 | 6
service
Summons Returned Executed
Fri 05/05 9:15 AM
SUMMONS RETURNED EXECUTED: County of San Joaquin served on 5/1/2023, answer due 5/22/2023. (Helm, Thomas) |
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| 5 | 5
service
Summons Returned Executed
Fri 05/05 9:14 AM
SUMMONS RETURNED EXECUTED: Mary M. Cendana served on 5/1/2023, answer due 5/22/2023. (Helm, Thomas) |
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| 4 | 4
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Fri 05/05 8:59 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. (Helm, Thomas) |
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| Thursday, February 09, 2023 | ||
| 3 | 3
misc
Civil New Case Documents for Magistrate as Presider
Thu 02/09 10:22 AM
CIVIL NEW CASE DOCUMENTS ISSUED; (Benson, A.) |
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Att: 1
Consent Form,
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Att: 2
VDRP
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| 2 | 2
service
Summons
Thu 02/09 10:21 AM
SUMMONS ISSUED as to *Paula Aleyda Aragon De Gonzalez, Mary M. Cendana, County of San Joaquin, Patrick Withrow* with answer to complaint due within *21* days. Attorney *Sanjay Stephen Schmidt* *Law Office of Sanjay S. Schmidt* *1388 Sutter St., Suite 810* *San Francisco, CA 94109*. (Benson, A.) |
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| Wednesday, February 08, 2023 | ||
| 1 | 1
COMPLAINT against All Defendants by M.P., Roy McCollum. Attorney Schmidt, Sanjay Stephen added. (Filing fee $ 402, receipt number ACAEDC-10688900)(Schmidt, Sanjay)
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Att: 1
Civil Cover Sheet
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