Tyisha Mitchell v. Daniel J. Kinney et al
| California Central District Court | |
| Judge: | Jesus G Bernal |
| Referred: | Pedro V Castillo |
| Case #: | 2:23-cv-08702 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 12, 2023 |
| Terminated: | Dec 18, 2024 |
| Last checked: Tuesday Apr 09, 2024 1:29 AM PDT |
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Defendant
Daniel J. Kinney
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Represented By
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Defendant
Annette H. Vanos
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Defendant
Judge Sergio C. Tapia, II
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Represented By
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Defendant
Judge Scott A. Steiner
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Represented By
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Defendant
Judge Cherry T. Pham
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Represented By
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Defendant
Consuelo Olmos
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Defendant
Matthew Morgan
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Defendant
Kel Mitchell
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Represented By
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Defendant
Fabiola Mancillas
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Defendant
Joseph Land
1900 Avenue of the Stars Suite 1850
Los Angeles, CA 90067 |
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Defendant
Judge Richard M. King
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Represented By
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Defendant
Steven E. Kenilvort
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Defendant
Does
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Defendant
Nina Shayan Depatie
1925 Century Park E Suite 1700
Los Angeles, CA 90067 |
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Defendant
Commissioner Mary L. Byrne
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Represented By
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Defendant
Adam L. Birozy
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Defendant
Judge Kerry R. Bensinger
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Represented By
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Defendant
Michelle B. Bagneris
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Defendant
All Persons Unknown
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Plaintiff
Tyisha Mitchell
20500 Belshaw Avenue, Suite T1 - 2050
Carson, CA 90746 |
| Docket last updated: 05/02/2025 11:59 PM PDT |
| Friday, March 28, 2025 | ||
| 40 | 40
misc
Mail Returned
Thu 04/03 4:38 PM
Mail Returned addressed to Tyisha Mitchell re Judgment35 (hr) |
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| Tuesday, March 18, 2025 | ||
| 41 | 41
misc
Mail Returned
Thu 04/03 4:41 PM
Mail Returned addressed to Tyisha Mitchell re Notice of Clerical Error (G-11)31 (hr) |
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| 39 | 39
misc
Mail Returned
Wed 03/26 12:59 PM
Mail Returned addressed to Tyisha Mitchell re R&R - Accepting Report and Recommendations34 . (hr) |
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| Thursday, January 23, 2025 | ||
| 38 | 38
misc
Mail Returned
Thu 03/20 5:57 PM
Mail Returned addressed to Tyisha Mitchell re Notice of Report and Recommendation33 (LATE DOCKETING DUE TO CLERICAL ERROR) (jji) |
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| 37 | 37
misc
Mail Returned
Fri 01/24 10:44 AM
Mail Returned addressed to Tyisha Mitchell re Report and Recommendation32 (hr) |
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| 36 | 36
misc
Mail Returned
Fri 01/24 10:43 AM
Mail Returned addressed to Tyisha Mitchell re Order to Show Cause29 (hr) |
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| Wednesday, December 18, 2024 | ||
| 35 | 35
judgmentCV
Judgment
Thu 12/19 1:07 PM
JUDGMENT by Judge Jesus G. Bernal, Related to: R&R - Accepting Report and Recommendations34 . IT IS ADJUDGED that the action is dismissed with prejudice. (MD JS-6, Case Terminated). (et) |
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| 34 | 34
order
R&R - Accepting Report and Recommendations
Thu 12/19 12:57 PM
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Jesus G. Bernal for Report and Recommendation (Issued)32 . IT THEREFORE IS ORDERED that Judgment be entered dismissing this action with prejudice. (et) |
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| Monday, November 04, 2024 | ||
| 33 | 33
reportrecommend
Notice of Report and Recommendation
Mon 11/04 2:11 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge David T. Bristow. Objections to R&R due by 11/18/2024. (san) |
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Att: 1
Report and Recommendation
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| 32 | 32
reportrecommend
Report and Recommendation (Issued)
Mon 11/04 2:09 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge David T. Bristow1 . IT IS THEREFORE RECOMMENDED that the District Court issue an Order: (1) Accepting this Report and Recommendation; and (2) directing that Judgment be entered dismissing this action with prejudice. [See document for details.] (san) |
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| Friday, September 27, 2024 | ||
| 31 | 31
notice
Clerical Error (G-11)
Fri 09/27 4:23 PM
NOTICE OF CLERICAL ERROR Re: Order to Show Cause30 . Due to clerical error, the Order to Show Cause at docket entry 30 is a duplicate of the Order to Show Cause at docket entry 29. Therefore, please disregard docket entry 30. (hr) |
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| 30 | 30
2
pgs
order
Order to Show Cause
Fri 09/27 3:34 PM
[SEE NOTICE OF CLERICAL ERROR31 ] (IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING FIRST AMENDED COMPLAINT by Magistrate Judge David T. Bristow. Plaintiff's response is due no later than October 18, 2024. (see document for further details) (hr) Modified on 9/27/2024 (hr) |
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| 29 | 29
2
pgs
order
Order to Show Cause
Fri 09/27 3:32 PM
ORDER TO SHOW CAUSE REGARDING FIRST AMENDED COMPLAINT by Magistrate Judge David T. Bristow. Plaintiff is ORDERED to show cause why this action should not be dismissed for lack of prosecution and failing to comply with the Court's order. Plaintiff may alternatively file a First Amended Complaint to discharge this Order to Show Cause. Plaintiff's response is due no later than October 18, 2024. Plaintiff is hereby cautioned that failing to comply with this Order to Show Cause will result in the recommendation that this action be dismissed for failure to prosecute and failure to comply with the Court's orders. IT IS SO ORDERED. [See Order for details.] (san) |
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| Friday, September 06, 2024 | ||
| 28 | 28
order
Dismiss Case as Frivolous
Fri 09/06 1:37 PM
ORDER DENYING MOTION TO DEEM PLAINTIFF A VEXATIOUS LITIGANT by Magistrate Judge David T. Bristow: denying9 MOTION to Dismiss Case as Frivolous. The Court does not findthat Plaintiff's actions are frivolous or harassing for purposes of declaring her a vexatious litigant. Therefore, the Motion is DENIED. (see document for further details). (et) |
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| Tuesday, August 20, 2024 | ||
| 27 | 27
order
R&R - Accepting Report and Recommendations
Wed 08/21 1:48 PM
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Jesus G. Bernal for MOTION to Dismiss13 , MOTION to Dismiss10 , MOTION to Dismiss5 , MOTION to Dismiss8 , MOTION to Dismiss11 . Plaintiff is hereby ordered, if she still desires to pursue this action, to file a First Amended Complaint within thirty (30) days of the date of this Order accepting the Report and Recommendation remedying the deficiencies discussed in the Report and Recommendation. (see document for further details) (hr) |
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Att: 1
Attachment
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| Wednesday, July 31, 2024 | ||
| 26 | 26
order
Minutes of In Chambers Order/Directive - no proceeding held
Wed 07/31 2:05 PM
MINUTE (IN CHAMBERS) NOTICE THAT MOTION TO DEEM PLAINTIFF A VEXATIOUS LITIGANT (DOCKET NO. 9) IS UNDER SUBMISSION by Magistrate Judge David T. Bristow, re: MOTION9 . As of today's date, the Court has not received Plaintiff's Opposition to the Motion, and Plaintiff has not requested an extension of time to file her Opposition. Therefore, the matter is now under submission. (hr) |
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| Tuesday, July 09, 2024 | ||
| 25 | 25
reportrecommend
Notice of Report and Recommendation
Tue 07/09 12:40 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge David T. Bristow and Lodging of Proposed Judgment and Order. Objections to R&R due by 7/23/2024 (dc) |
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| 24 | 24
reportrecommend
Report and Recommendation (Issued)
Tue 07/09 12:39 PM
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge David T. Bristow. (dc) |
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| 23 | 23
order
Minutes of In Chambers Order/Directive - no proceeding held
Tue 07/09 12:31 PM
MINUTE ORDER IN CHAMBERS ORDER RE OPPOSITION TO MOTION TO DEEM PLAINTIFF A VEXATIOUS LITIGANT (DOCKET NO.9 ) by Magistrate Judge David T. Bristow: Plaintiff is ORDERED to file an Opposition to the Motion by no later than Wednesday, July 24, 2024. Any Reply to the Opposition shall be filed within ten (10) days of receipt of the Opposition. Under Central District Local Rule 7-12, the failure to file a required document, or the failure to file it within the deadline, may be deemed consent to the granting of the Motion. (dc) |
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| Monday, February 26, 2024 | ||
| 22 | 22
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Motion Hearing and R&R Deadlines
Mon 02/26 1:04 PM
MINUTE (IN CHAMBERS) ORDER RE PLAINTIFFS 1st AMENDEDCOMPLAINT [DKT. #21 ] by Magistrate Judge David T. Bristow: the Court hereby STRIKES the FAC from the docket. The Court will also exercise its discretion to provide plaintiff an opportunity to oppose the pending motions to dismiss. Any oppositions must be filed on or before March 22, 2024. The Court will thereafter take this matter under submission on the date any oppositions are filed or become due. (et) |
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| Thursday, February 22, 2024 | ||
| 21 | 21
othcmp
Amended Complaint
Fri 02/23 9:20 AM
FIRST AMENDED COMPLAINT against Defendants All Persons Unknown, Michelle B. Bagneris, Kerry R. Bensinger, Adam L. Birozy, Mary L. Byrne, Nina Shayan Depatie, Does, Steven E. Kenilvort, Richard M. King, Daniel J. Kinney, Joseph Land, Fabiola Mancillas, Kel Mitchell, Matthew Morgan, Consuelo Olmos, Cherry T. Pham, Scott A. Steiner, Sergio C. Tapia, II, Annette H. Vanos, amending Complaint1 , filed by Plaintiff Tyisha Mitchell(hr) |
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Att: 1
Part 2
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| Friday, January 12, 2024 | ||
| 20 | 20
respm
Motion Related Document
Fri 01/12 1:34 PM
NOTICE OF NON-RECEIPT OF OPPOSITION TO JUDICIAL DEFENDANTS MOTION TO DISMISS re NOTICE OF MOTION AND MOTION to Dismiss Case 5 filed by Defendants Kerry R. Bensinger, Mary L. Byrne, Richard M. King, Cherry T. Pham, Scott A. Steiner, Sergio C. Tapia, II. (Frazier-Krane, Lindsay) |
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| Wednesday, January 10, 2024 | ||
| 19 | 19
respm
Non-Opposition to Motion
Fri 01/12 10:09 AM
NOTICE OF NON-OPPOSITION TO MOTION TO DISMISS, re: MOTION to Dismiss10 , JOINT MOTION to Dismiss11 , filed by Defendants Nina Shayan Depatie, Joseph Land. (hr) |
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| 18 | 18
respm
Non-Opposition to Motion
Wed 01/10 4:56 PM
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 8 , NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous 9 filed by Defendant Kel Mitchell. (Steinberg, Ira) |
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| 17 | 17
notice
Notice (Other)
Wed 01/10 2:20 PM
Notice of Non-Receipt of Opposition to Defendant Kinney's Motion to Dismiss filed by defendant Daniel J. Kinney. (Guterres, Tomas) |
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| Thursday, November 30, 2023 | ||
| 16 | 16
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Hearings
Fri 12/01 12:54 PM
MINUTE (IN CHAMBERS) ORDER: (1) SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTIONS TO DISMISS; AND (2) TAKING HEARINGS OFF CALENDAR by Magistrate Judge David T. Bristow, re: MOTION to Dismiss8 , MOTION to Dismiss9 , MOTION to Dismiss10 , MOTION to Dismiss11 , Joinder12 , MOTION to Dismiss13 , Proof of Service15 . The Court finds that the matters raised by the Motions are capable of resolution without a hearing and hereby takes the December 18, 2023 and January 22, 2024 hearings OFF CALENDAR. The Court sets the following briefing schedule on the Motions: Monday, January 1, 2024: Deadline for Plaintiff to file an Opposition or a Statement of Non-Opposition; Wednesday, January 10, 2024: Deadline for the Judicial Defendants to file an optional Reply, if necessary. (see document for further details) (hr) |
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| Monday, November 27, 2023 | ||
| 15 | 15
service
Proof of Service (subsequent documents)
Mon 11/27 4:52 PM
SERVICE UNDER FRCP 5(b)(2)(D) filed by defendant Daniel J. Kinney, re NOTICE OF MOTION AND MOTION to Dismiss Complaint for Preliminary and Permanent Injunction, and Damages 13 served on 11/27/2023. (Guterres, Tomas) |
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| Wednesday, November 22, 2023 | ||
| 14 | 14
cs_rasgn
Chief Magistrate Judge Transferring Case (non-consent)
Wed 11/22 3:37 PM
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 23-142 by Magistrate Judge Karen L. Stevenson. Pursuant to the recommended procedure adopted by the Court for the Creation of Calendar of Magistrate Judge David T. Bristow, this case is transferred from the calendar of Magistrate Judge Pedro V. Castillo to the calendar of Magistrate Judge David T. Bristow for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation 2:23-cv-08702 JGB(DTB) absent further order of the Court. (rn) |
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| 13 | 13
motion
Dismiss (cause or other)
Wed 11/22 2:25 PM
NOTICE OF MOTION AND MOTION to Dismiss Complaint for Preliminary and Permanent Injunction, and Damages filed by Defendant Daniel J. Kinney. Motion set for hearing on 1/22/2024 at 09:00 AM before Judge Jesus G. Bernal. (Attorney Tomas A Guterres added to party Daniel J. Kinney(pty:dft)) (Guterres, Tomas) |
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| Wednesday, November 15, 2023 | ||
| 12 | 12
respm
Joinder (Motion Related)
Thu 11/16 5:20 PM
JOINDER to Defendant Kel Mitchell's Motion to Deem Plaintiff Vexatious Litigant, re: MOTION to Dismiss Case as Frivolous9 , filed by Defendants Nina Shayan Depatie, Joseph Land. (hr) |
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| 11 | 11
motion
Dismiss (cause or other)
Thu 11/16 5:15 PM
JOINT MOTION to Dismiss Plaintiff's Civil Rights Complaint filed by Defendants Nina Shayan Depatie, Joseph Land. Motion set for hearing on 12/18/2023 at at 9:00 AM before Judge Jesus G. Bernal. (hr) |
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Att: 1
Lodged Proposed Order
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| 10 | 10
notice
Notice (Other)
Thu 11/16 5:11 PM
NOTICE of Motion and Motion to Dismiss Plaintiff's Civil Rights Complaint filed by Defendants Nina Shayan Depatie, Joseph Land. (hr) |
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| 9 | 9
motion
Dismiss Case as Frivolous
Wed 11/15 5:57 PM
NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous filed by Defendant Kel Mitchell. Motion set for hearing on 12/18/2023 at 09:00 AM before Judge Jesus G. Bernal. (Steinberg, Ira) |
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Att: 1
Defendant Kel Mitchell's Request for Judicial Notice In Support of Motion to Deem Plaintiff Vexatious Litigant,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Exhibit K,
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Att: 13
Exhibit L,
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Att: 14
Exhibit M,
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Att: 15
Exhibit N,
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Att: 16
Exhibit O,
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Att: 17
Exhibit P,
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Att: 18
Proposed Order
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| 8 | 8
motion
Dismiss Case
Wed 11/15 4:54 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Kel Mitchell. Motion set for hearing on 12/18/2023 at 09:00 AM before Judge Jesus G. Bernal. (Attorney Ira M Steinberg added to party Kel Mitchell(pty:dft)) (Steinberg, Ira) |
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Att: 1
Request for Judicial Notice In Support of Defendant Kel Mitchell's Motion to Dismiss Plaintiff's Complaint,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Proposed Order
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| Tuesday, November 07, 2023 | ||
| 7 | 7
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines and Hearings
Tue 11/07 6:00 PM
MINUTE (IN CHAMBERS) ORDER: (1) SETTING BRIEFING SCHEDULE ON JUDICIAL DEFENDANTS' MOTION TO DISMISS; AND (2) TAKING HEARING OFF CALENDAR by Magistrate Judge Pedro V. Castillo, re: MOTION to Dismiss5 . The Court finds that the matters raised by the MTD are capable of resolution without a hearing and hereby takes the December 12, 2023 hearing OFF CALENDAR. The Court sets the following briefing schedule on the MTD: Tuesday, November 28, 2023: deadline for Plaintiff to file an Opposition or a Statement of Non-Opposition; Friday, December 8, 2023: deadline for the Judicial Defendants to file an optional Reply, if necessary. (see document for further details) (hr) |
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| Monday, November 06, 2023 | ||
| 6 | 6
misc
For Judicial Notice
Mon 11/06 3:18 PM
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case 5 filed by Defendants Kerry R. Bensinger, Mary L. Byrne, Richard M. King, Cherry T. Pham, Scott A. Steiner, Sergio C. Tapia, II. (Frazier-Krane, Lindsay) |
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| 5 | 5
motion
Dismiss Case
Mon 11/06 3:16 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Kerry R. Bensinger, Mary L. Byrne, Richard M. King, Cherry T. Pham, Scott A. Steiner, Sergio C. Tapia, II. Motion set for hearing on 12/12/2023 at 10:00 AM before Magistrate Judge Pedro V. Castillo. (Attorney Lindsay N Frazier-Krane added to party Kerry R. Bensinger(pty:dft), Attorney Lindsay N Frazier-Krane added to party Mary L. Byrne(pty:dft), Attorney Lindsay N Frazier-Krane added to party Richard M. King(pty:dft), Attorney Lindsay N Frazier-Krane added to party Cherry T. Pham(pty:dft), Attorney Lindsay N Frazier-Krane added to party Scott A. Steiner(pty:dft), Attorney Lindsay N Frazier-Krane added to party Sergio C. Tapia, II(pty:dft)) (Frazier-Krane, Lindsay) |
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Att: 1
Proposed Order
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| Wednesday, October 18, 2023 | ||
| 4 | 4
notice
Notice of Reference to US Magistrate Judge (CV-25) - optional html form
Wed 10/18 5:20 PM
NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and referred to Magistrate Judge Pedro V. Castillo. (et) |
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| Thursday, October 12, 2023 | ||
| 3 | 3
notice
Certificate/Notice of Interested Parties
Wed 10/18 5:18 PM
CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Tyisha Mitchell. (et) |
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| 2 | 2
service
Summons Issued
Wed 10/18 5:17 PM
21 DAY Summons Issued re Complaint - 1 as to Defendants Michelle B. Bagneris, Kerry R. Bensinger, Adam L. Birozy, Mary L. Byrne, Nina Shayan Depatie, Steven E. Kenilvort, Richard M. King, Daniel J. Kinney, Joseph Land, Fabiola Mancillas, Kel Mitchell, Matthew Morgan, Consuelo Olmos, Cherry T. Pham, Scott A. Steiner, Sergio C. Tapia, II, Annette H. Vanos. (et) |
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| 1 | 1
cmp
Complaint - (Referred)
Wed 10/18 5:13 PM
CIVIL RIGHTS COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION AND DAMAGES filed against Defendants All Persons Unknown, Michelle B. Bagneris, Kerry R. Bensinger, Adam L. Birozy, Mary L. Byrne, Nina Shayan Depatie, Does 1 Through 10, Inclusive, Steven E. Kenilvort, Richard M. King, Daniel J. Kinney, Joseph Land, Fabiola Mancillas, Kel Mitchell, Matthew Morgan, Consuelo Olmos, Cherry T. Pham, Scott A. Steiner, Sergio C. Tapia, II, Annette H. Vanos. Case assigned to Judge Jesus G. Bernal and referred to Magistrate Judge Pedro V. Castillo. (Filing fee$402 PAID.), filed by Plaintiff Tyisha Mitchell. (et) |
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Att: 1
Civil Cover Sheet
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