Michael Aaron McGrew v. County of San Luis Obispo et al
| California Central District Court | |
| Judge: | Percy Anderson |
| Referred: | Jean P Rosenbluth |
| Case #: | 2:14-cv-07863 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 09, 2014 |
| Terminated: | Jul 09, 2015 |
| Last checked: Sunday May 10, 2015 10:37 PM PDT |
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Defendant
County of San Luis Obispo
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Represented By
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Defendant
Does
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Defendant
Noah Martin
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Represented By
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Defendant
Brian Mollenkopf
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Represented By
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Defendant
Brian Mollenkpof
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Represented By
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Defendant
Sonja O'Donohoe
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Represented By
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Defendant
Ian Parkinson
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Represented By
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Defendant
The San Luis Obispo County Sheriff's Department
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Represented By
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Defendant
Jim Voge
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Represented By
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Plaintiff
Michael Aaron McGrew
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Represented By
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| Docket last updated: 10 hours ago |
| Thursday, July 09, 2015 | ||
| 36 | 36
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Civil Case ~Util - Terminate Deadlines and Hearings
Thu 07/09 3:54 PM
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: The Court has received a "Request for Order of Dismissal of Federal Claims" filed by plaintiff Michael Aaron McGrew, in which Plaintiff requests that his federal claims be dismissed without prejudice. In accordance with that Request, the Court dismisses Plaintiff's federal claims without prejudice. Accordingly, the Court declines to exercise supplemental jurisdiction over the remaining state lawclaims. The Court therefore dismisses the remaining state law claims without prejudice. Pursuant to 28 U.S.C. § 1367(d), this Order acts to toll Plaintiff's statute of limitations on his state law claims for a period of thirty (30) days, unless state law provides for a longer tolling period. (Made JS-6. Case Terminated.) (smo) |
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| 35 | 35
misc
Miscellaneous Document
Thu 07/09 3:16 PM
REQUEST FOR ORDER OF DISMISSAL OF FEDERAL CLAIMS re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,34 (Fisher, David) |
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| Wednesday, July 08, 2015 | ||
| 34 | 34
order
Minutes of In Chambers Order/Directive - no proceeding held
Wed 07/08 2:24 PM
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: Before the Court is a July 8, 2015 letter addressed to the Court that was filed by counsel for plaintiff33 . The Court will not accept any future letters or other communications from the parties that do not comply with the Local Rules. Plaintiff shall, no later than 12:00 p.m. on July 10, 2015, file either a Notice of Dismissal of Federal Claims (indicating if the dismissal of the federal claims is with or without prejudice) or a Notice of Election to Pursue Federal Claims. Should plaintiff file a Notice of Election to Pursue FederalClaims, the parties shall appear at the continued Scheduling Conference on July 20, 2015, at 10:30 a.m. Should plaintiff file a Notice of Dismissal of Federal Claims, the Court will issue an order declining to exercise supplemental jurisdiction over the remaining state law claims and dismissing those claims without prejudice to their being re-filed in state court. No appearance would be necessary at the July 20, 2015 Scheduling Conference if plaintiff dismisses his federal claims.Further violations of the Federal Rules of Civil Procedure, the Local Rules, and the Court's Orders may result in the imposition of sanctions. See document for details. (smo) |
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| 33 | 33
misc
Response
Wed 07/08 12:28 PM
RESPONSE filed by Plaintiff Michael Aaron McGrewto Scheduling Conference,,,, Set/Reset Deadlines/Hearings,,,32 RESPONSE TO COURTS ORDER FOR DISMISSAL (Fisher, David) |
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| Monday, July 06, 2015 | ||
| 32 | 32
minutes
Scheduling Conference ~Util - Set/Reset Deadlines/Hearings
Tue 07/07 1:49 PM
MINUTES OF Scheduling Conference held before Judge Percy Anderson,. Cause called; appearances made. A scheduling conference is not held at this time. Court and counsel confer about the appropriate venue for this action. For reasons stated on the record, the Court grants plaintiffs oral motion to dismiss without prejudice defendant Ian Parkinson, in his individual capacity. The Court orders plaintiff to notify the Court by no later than July 8, 2015 of his decision to dismiss without prejudice the federal claims in this action. If dismissed, the Court may decline to exercisesupplemental jurisdiction over the remaining state law claims which would result inplaintiff refiling his state law claims in state court within the 30-day toll period.Court continues the scheduling conference to Monday, July 20, 2015 at 10:30 a.m. Court Reporter: Miranda Algorri. (pj) |
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| Wednesday, July 01, 2015 | ||
| 31 | 31
order
Leave
Thu 07/02 2:19 PM
ORDER RE: EX PARTE APPLICATION TO EXCUSE TRIAL COUNSEL DOUGLAS C. SMITH, ESQ. FROM APPEARANCE AT THE JULY 6, 2015 SCHEDULING CONFERENCE by Judge Percy Anderson: GOOD CAUSE APPEARING, it is ordered that: 1. Trial counsel, Douglas C. Smith, Esq. is excused from appearing at the July 6, 2015 Scheduling Conference, and Christopher A. McIntire,Esq. will appear in place of Mr. Smith and on behalf of Defendants.30 . (pj) |
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motion
Leave
Wed 07/01 12:23 PM
EX PARTE APPLICATION to Excuse Trial Counsel Douglas C. Smith, Esq. From Appearance At The July 6, 2015 Scheduling Conference filed by Defendants County of San Luis Obispo, Noah Martin( individual capacity), Noah Martin(San Luis Obispo County Sheriff Deputy, official capacity), Brian Mollenkopf, Brian Mollenkpof, Sonja O'Donohoe( individual capacity), Sonja O'Donohoe(San Luis Obispo County Sheriff Detective, official capacity), Ian Parkinson( individual capacity), Ian Parkinson(San Luis Obispo County Sheriff, official capacity), Jim Voge(San Luis Obispo County Sheriff Department Commander, official capacity), Jim Voge( individual capacity). (Smith, Douglas) |
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Att: 1
Declaration of Douglas C. Smith, Esq.,
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Att: 2
Declaration of Christopher A. McIntire, Esq.,
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Att: 3
Proposed Order
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| Monday, June 29, 2015 | ||
| 29 | 29
misc
Disclosure
Mon 06/29 4:04 PM
INITIAL DISCLOSURE of FED.R.CIV.P.26(a)(1)(B) Initial Disclosures for Exchange with Counsel re Order,, Set/Reset Hearing,27 , Report,28 filed by Plaintiff Michael Aaron McGrew(Fisher, David) |
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Att: 1
Proof of Service
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| Friday, June 19, 2015 | ||
| 28 | 28
misc
Report
Fri 06/19 4:17 PM
FED. R. CIV. P. 26 JOINT REPORT of COUNSEL filed by Defendants County of San Luis Obispo, Noah Martin, Noah Martin, Brian Mollenkopf, Brian Mollenkpof, Sonja O'Donohoe, Sonja O'Donohoe, Ian Parkinson, Ian Parkinson, Jim Voge, Jim Voge. (Smith, Douglas) |
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| Tuesday, May 12, 2015 | ||
| 27 | 27
order
Order ~Util - Set/Reset Hearings
Thu 05/14 10:56 AM
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson: Scheduling Conference set for 7/6/2015 at 10:30 AM before Judge Percy Anderson. Counsel shall meet at least 21 days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than 14 days before the Scheduling Conference. (gk) |
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| Monday, May 11, 2015 | ||
| 26 | 26
notice
Certificate/Notice of Interested Parties
Mon 05/11 4:37 PM
NOTICE of Interested Parties filed by Defendants County of San Luis Obispo, Noah Martin( individual capacity), Noah Martin(San Luis Obispo County Sheriff Deputy, official capacity), Brian Mollenkopf, Brian Mollenkpof, Sonja O'Donohoe( individual capacity), Sonja O'Donohoe(San Luis Obispo County Sheriff Detective, official capacity), Ian Parkinson( individual capacity), Ian Parkinson(San Luis Obispo County Sheriff, official capacity), Jim Voge(San Luis Obispo County Sheriff Department Commander, official capacity), Jim Voge( individual capacity), (Smith, Douglas) |
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| 25 | 25
answer
Answer to Complaint
Mon 05/11 4:35 PM
ANSWER to Complaint (Attorney Civil Case Opening)1 JURY DEMAND. filed by Defendants County of San Luis Obispo, Noah Martin( individual capacity), Noah Martin(San Luis Obispo County Sheriff Deputy, official capacity), Brian Mollenkopf, Brian Mollenkpof, Sonja O'Donohoe( individual capacity), Sonja O'Donohoe(San Luis Obispo County Sheriff Detective, official capacity), Ian Parkinson( individual capacity), Ian Parkinson(San Luis Obispo County Sheriff, official capacity), Jim Voge(San Luis Obispo County Sheriff Department Commander, official capacity), Jim Voge( individual capacity).(Smith, Douglas) |
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| Monday, April 27, 2015 | ||
| 24 | 24
order
Minutes of In Chambers Order/Directive - no proceeding held
Tue 04/28 10:20 AM
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court is plaintiff's response to this Court's 3/25/2015 Order to Show Cause Regarding Dismissal for Lack of Prosecution21 . The Order to Show Cause15 is hereby discharged. Court Reporter: Not Reported. (gk) |
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| Thursday, April 23, 2015 | ||
| 23 | 23
order
Dismiss Case
Fri 04/24 11:52 AM
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court denies Defendants County of San Luis Obispo (also erroneously sued as San Luis Obispo County Sheriff's Department), Ian Parkinson, Jim Voge, Noah Martin, Brian Mollenkopf, and Sonja O'Donohoe's Motion to Dismiss18 and discharges the Court's 3/25/2015 Order to Show Cause. Having elected to pursue this action in federal court, the Court expects Plaintiff and his counsel to comply with the Federal Rules of Civil Procedure, the Local Rules, and the Court's orders. Further violations of the Federal Rules of Civil Procedure, the Local Rules, and the Court's orders, or the failure to diligently and expeditiously prosecute this action, will result in the imposition of sanctions. Defendants shall Answer the Complaint by no later than 5/11/2015. Court Reporter: Not Reported. (gk) |
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| Wednesday, April 22, 2015 | ||
| 22 | 22
notice
Notice (Other)
Wed 04/22 1:24 PM
NOTICE of No Opposition to Defendants' Motion to Dismiss for Failure to Timely Serve the Complaint Pursuant to Fed. R. Civ. P. 4(m) filed by Defendants County of San Luis Obispo, Noah Martin( individual capacity), Noah Martin(San Luis Obispo County Sheriff Deputy, official capacity), Brian Mollenkopf, Brian Mollenkpof, Sonja O'Donohoe( individual capacity), Sonja O'Donohoe(San Luis Obispo County Sheriff Detective, official capacity), Ian Parkinson( individual capacity), Ian Parkinson(San Luis Obispo County Sheriff, official capacity), Jim Voge(San Luis Obispo County Sheriff Department Commander, official capacity), Jim Voge( individual capacity). (Smith, Douglas) |
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| Friday, April 03, 2015 | ||
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respm
Response in Opposition to Motion
Fri 04/03 12:13 PM
OPPOSITION RESPONSE TO ORDER TO SHOW CAUSE; TO COURTS ORDER FOR DISMISSAL filed by Plaintiff Michael Aaron McGrew.(Fisher, David) |
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Att: 1
Declaration Declaration of David L. Fisher,
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Att: 2
POS
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respm
Response in Support of Motion
Fri 04/03 11:39 AM
RESPONSE IN SUPPORT of MOTION to Dismiss Case 18 filed by Plaintiff Michael Aaron McGrew. (Fisher, David) |
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| Wednesday, April 01, 2015 | ||
| 19 | 19
notice
Certificate/Notice of Interested Parties
Wed 04/01 3:26 PM
NOTICE of Interested Parties filed by Defendants County of San Luis Obispo, Noah Martin( individual capacity), Noah Martin(San Luis Obispo County Sheriff Deputy, official capacity), Brian Mollenkopf, Brian Mollenkpof, Sonja O'Donohoe( individual capacity), Sonja O'Donohoe(San Luis Obispo County Sheriff Detective, official capacity), Ian Parkinson( individual capacity), Ian Parkinson(San Luis Obispo County Sheriff, official capacity), The San Luis Obispo County Sheriff's Department, Jim Voge(San Luis Obispo County Sheriff Department Commander, official capacity), Jim Voge( individual capacity), (Smith, Douglas) |
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| 18 | 18
motion
Dismiss Case
Wed 04/01 3:25 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants County of San Luis Obispo, Noah Martin( individual capacity), Noah Martin(San Luis Obispo County Sheriff Deputy, official capacity), Brian Mollenkopf, Brian Mollenkpof, Sonja O'Donohoe( individual capacity), Sonja O'Donohoe(San Luis Obispo County Sheriff Detective, official capacity), Ian Parkinson( individual capacity), Ian Parkinson(San Luis Obispo County Sheriff, official capacity), The San Luis Obispo County Sheriff's Department, Jim Voge(San Luis Obispo County Sheriff Department Commander, official capacity), Jim Voge( individual capacity). Motion set for hearing on 5/4/2015 at 01:30 PM before Judge Percy Anderson.(Attorney Douglas C Smith added to party County of San Luis Obispo(pty:dft), Attorney Douglas C Smith added to party Noah Martin(pty:dft), Attorney Douglas C Smith added to party Noah Martin(pty:dft), Attorney Douglas C Smith added to party Brian Mollenkopf(pty:dft), Attorney Douglas C Smith added to party Brian Mollenkpof(pty:dft), Attorney Douglas C Smith added to party Sonja O'Donohoe(pty:dft), Attorney Douglas C Smith added to party Sonja O'Donohoe(pty:dft), Attorney Douglas C Smith added to party Ian Parkinson(pty:dft), Attorney Douglas C Smith added to party Ian Parkinson(pty:dft), Attorney Douglas C Smith added to party The San Luis Obispo County Sheriff's Department(pty:dft), Attorney Douglas C Smith added to party Jim Voge(pty:dft), Attorney Douglas C Smith added to party Jim Voge(pty:dft))(Smith, Douglas) |
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Att: 1
Declaration,
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Att: 2
Proposed Order
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| Monday, March 30, 2015 | ||
| 17 | 17
service
Service of Summons and Complaint Returned Executed (21 days)
Mon 03/30 5:15 PM
PROOF OF SERVICE Executed by Plaintiff Michael Aaron McGrew, upon Defendant All Defendants. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Fisher, David) |
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| Thursday, March 26, 2015 | ||
| 16 | 16
order
Response By Court to Notice of Deficiencies (G-112B)
Thu 03/26 6:24 PM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Proof of Service of Summons and Complaint filed 3/20/201513 . The document is stricken and counsel is ordered to file an amended or corrected document by 4/1/2015. (gk) |
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| Wednesday, March 25, 2015 | ||
| 15 | 15
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines
Thu 03/26 6:22 PM
MINUTES Of Order to Show Cause Re; Dismissal For Lack Of Prosecution by Judge Percy Anderson: Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 120 days after the complaint is filed. In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before 4/6/2015, why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint. Court Reporter: Not Reported. (gk) |
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| Tuesday, March 24, 2015 | ||
| 14 | 14
notice
Deficiency in Electronically Filed Documents (G-112A)
Tue 03/24 6:07 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service of Summons and Complaint filed 3/20/201513 . The following error(s) was found: Incorrect event selected. The correct event is: Service of Summons and Complaint Returned Executed (21 days). Proof of Service (subsequent documents) event utilized for docketing this filing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
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| Friday, March 20, 2015 | ||
| 13 | 13
service
Proof of Service (subsequent documents)
Fri 03/20 1:01 PM
PROOF OF SERVICE Michael Aaron McGrew, re Summons Issued,12 served on 03/13/15. (Fisher, David) |
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| Thursday, January 29, 2015 | ||
| 12 | 12
service
Summons Issued
Thu 01/29 1:36 PM
21-Day Summons Issued re Complaint1 as to Defendants County of San Luis Obispo, The San Luis Obispo County Sheriff's Department, San Luis Obispo County Sheriff Ian Parkinson, Jim Voge, Noah Martin, Brian Mollenkpof, Sonja O'Donohoe in their official and individual capacities, and Does 1-50, inclusive. (gk) |
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| Wednesday, January 28, 2015 | ||
| 11 | 11
notice
Summons Request
Wed 01/28 10:05 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Summons Request,8 Michael Aaron McGrew.(Fisher, David) |
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Att: 1
Supplement COMPLAINT
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| 10 | 10
notice
Summons Request
Wed 01/28 9:32 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 Michael Aaron McGrew. (Fisher, David) |
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| Tuesday, January 27, 2015 | ||
| 9 | 9
notice
Deficiency in Summons
Tue 01/27 6:34 PM
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint1 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) |
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| Monday, January 26, 2015 | ||
| 8 | 8
notice
Summons Request
Mon 01/26 11:24 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Notice to Parties of Court-Directed ADR Program (ADR-8)3 , Notice of Assignment to United States Judges(CV-18)2 Michael Aaron McGrew.(Fisher, David) |
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Att: 1
Supplement Notice of Interested Parties
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| Wednesday, October 15, 2014 | ||
| 7 | 7
ORDER TO REASSIGN CASE Pursuant General Order 14-03 (identical case) by Judge Virginia A. Phillips, Case Management and Assignment Committee Chair. Case transferred to the calendar of Magistrate Judge Jean P. Rosenbluth for all discovery matters. Case number now reads as CV14-07863 PA (JPRx). (mg)
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| Tuesday, October 14, 2014 | ||
| 6 | 6
STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk)
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| Friday, October 10, 2014 | ||
| 5 | 5
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening)1 . The following error(s) was found: Other error(s) with document(s): Attachments 1 Notice of Interested Parties and 2 Summons should not have been attached. Each document should have been filed separately. You are not required to take any action in response to this notice unless the Court so directs.. (ghap)
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NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening)1 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap)
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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
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| 2 | 2
NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Patrick J. Walsh. (ghap)
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| Thursday, October 09, 2014 | ||
| 1 | 1
COMPLAINT Receipt No: 0973-14596530 - Fee: $400, filed by plaintiff McGrew. (Attorney David L Fisher added to party McGrew(pty:pla))(Fisher, David)
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Att: 1
Notice of Interested Parties,
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Att: 2
Summons
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