Brian McMillan v. Doug Cirbo et al
| California Central District Court | |
| Judge: | Serena R Murillo |
| Referred: | John D Early |
| Case #: | 8:25-cv-00425 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 05, 2025 |
| Last checked: Saturday Apr 19, 2025 2:07 AM PDT |
|
Defendant
Doug Cirbo
|
Represented By
|
|
Defendant
City of Lake Forest
|
Represented By
|
|
Defendant
Robert Pequeno
|
Represented By
|
|
Defendant
Debra Rose
|
Represented By
|
|
Defendant
Mark Tettemer
|
Represented By
|
|
Defendant
Scott Voigts
|
Represented By
|
|
Defendant
Benjamin Yu
|
Represented By
|
|
Defendant
Does
|
|
|
Plaintiff
Brian McMillan
|
Represented By
|
| Docket last updated: 5 hours ago |
| Wednesday, April 23, 2025 | ||
| 33 | 33
service
Service of Summons and Complaint Returned Executed (21 days)
Wed 04/23 11:09 AM
PROOF OF SERVICE Executed by Plaintiff Brian McMillan, upon Defendant Service of the Summons and Complaint were executed upon Doug Cirbo, Mark Tettemer, Scott Voigts, Robert Pequeno, Benjamin Yu, Debra Rose, City of Lake Forest in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy (Flyer, David) |
|
| 32 | 32
order
Initial Order Setting R26 Scheduling Conference - form only
Wed 04/23 9:32 AM
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Serena R. Murillo: Rule 26 Meeting Report due by 8/14/2025. Scheduling Conference set for 8/28/2025 at 2:00 p.m. (mku) |
|
| Wednesday, April 16, 2025 | ||
| 31 | 31
motion
Dismiss (cause or other)
Wed 04/16 8:23 PM
NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Robert Pequeno, Debra Rose, Mark Tettemer, Scott Voigts, Benjamin Yu, Doug Cirbo, City of Lake Forest. Motion set for hearing on 7/3/2025 at 01:30 PM before Judge Serena R. Murillo. (Attorney Alexander Michael Brand added to party Robert Pequeno(pty:dft), Attorney Alexander Michael Brand added to party Debra Rose(pty:dft), Attorney Alexander Michael Brand added to party Mark Tettemer(pty:dft), Attorney Alexander Michael Brand added to party Scott Voigts(pty:dft), Attorney Alexander Michael Brand added to party Benjamin Yu(pty:dft), Attorney Alexander Michael Brand added to party Doug Cirbo(pty:dft), Attorney Alexander Michael Brand added to party City of Lake Forest(pty:dft)) (Brand, Alexander) |
|
|
Att: 1
Memorandum of Points and Authorities in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 2
Declaration of Evelyn Blanco in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 3
Exhibit 1 to Declaration of Evelyn Blanco in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 4
Exhibit 2 to Declaration of Evelyn Blanco in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 5
Exhibit 3 to Declaration of Evelyn Blanco in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 6
Exhibit 4 to Declaration of Evelyn Blanco in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 7
Exhibit 5 to Declaration of Evelyn Blanco in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 8
Exhibit 6 to Declaration of Evelyn Blanco in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 9
Request for Judicial Notice in Support of Motion to Dismiss First Amended Complaint,
|
||
|
Att: 10
Proposed Order Granting Motion to Dismiss First Amended Complaint
|
||
| Thursday, March 27, 2025 | ||
| 30 | 30
service
Proof of Service (subsequent documents)
Thu 03/27 11:33 AM
PROOF OF SERVICE filed by Plaintiff Brian McMillan, re Initial Order upon Filing of Complaint - form only28 , Summons Issued,,29 , Amended Complaint/Petition26 served on 03/27/2025. (Flyer, David) |
|
| Wednesday, March 26, 2025 | ||
| 29 | 29
service
Summons Issued
Wed 03/26 6:01 PM
21 DAY Summons Issued re First Amended Complaint26 as to Defendants Doug Cirbo, City of Lake Forest, Robert Pequeno, Debra Rose, Mark Tettemer, Scott Voigts, Benjamin Yu.. (jp) |
|
|
Att: 1
Summon issued on 1st AC as to Mark Tettemer,
|
||
|
Att: 2
Summon issued on 1st AC as to Scott Volgts,
|
||
|
Att: 3
Summon issued on 1st AC as to Robert Pequeno,
|
||
|
Att: 4
Summon issued on 1st AC as to Benjamin Yu,
|
||
|
Att: 5
Summon issued on 1st AC as to Debra Rose,
|
||
|
Att: 6
Summon issued on 1st AC as to City of Lake Forest
|
||
| 28 | 28
order
Initial Order upon Filing of Complaint - form only
Wed 03/26 10:29 AM
CIVIL STANDING ORDER upon filing of the complaint by Judge Serena R. Murillo. (mku) |
|
| Tuesday, March 25, 2025 | ||
| 27 | 27
notice
Summons Request
Tue 03/25 12:04 PM
Request for Clerk to Issue Summons on Amended Complaint/Petition26 filed by Plaintiff Brian McMillan.(Flyer, David) |
|
|
Att: 1
Summons on FAC Mark Tettemer,
|
||
|
Att: 2
Summons on FAC Scott Voigts,
|
||
|
Att: 3
Summons on FAC Robert Pequeno,
|
||
|
Att: 4
Summons on FAC Benjamin Yu,
|
||
|
Att: 5
Summons on FAC Debra Rose,
|
||
|
Att: 6
Summons on FAC City of Lake Forest
|
||
| 26 | 26
othcmp
Amended Complaint/Petition
Tue 03/25 11:45 AM
FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Brian McMillan(Flyer, David) |
|
| Monday, March 24, 2025 | ||
| 25 | 25
service
Proof of Service (subsequent documents)
Mon 03/24 3:47 PM
PROOF OF SERVICE filed by Plaintiff Brian McMillan, re Summons Issued (Attorney Civil Case Opening),22 of Amended Summonses served on 03/21/2025. (Flyer, David) |
|
| 24 | 24
service
Service of Summons and Complaint Returned Executed (21 days)
Mon 03/24 2:32 PM
PROOF OF SERVICE Executed by Plaintiff Brian McMillan, upon Defendant Doug Cirbo served on 3/11/2025, answer due 4/1/2025; Robert Pequeno served on 3/11/2025, answer due 4/1/2025; Debra Rose served on 3/11/2025, answer due 4/1/2025; Mark Tettemer served on 3/11/2025, answer due 4/1/2025; Scott Voigts served on 3/11/2025, answer due 4/1/2025; Benjamin Yu served on 3/11/2025, answer due 4/1/2025. Service of the Summons and Complaint were executed upon Doug Cirbo, Mark Tettemer, Scott Voigts, Robert Pequeno, Benjamin Yu, Debra Rose in compliance with statute not specified by substituted service at business address and by also mailing a copy(Flyer, David) |
|
|
Att: 1
Proof of Service Mark Tettemer,
|
||
|
Att: 2
Proof of Service Scott Voigts,
|
||
|
Att: 3
Proof of Service Robert Pequeno,
|
||
|
Att: 4
Proof of Service Benjamin Yu,
|
||
|
Att: 5
Proof of Service Debra Rose
|
||
| 23 | 23
service
Service of Summons and Complaint Returned Executed (21 days)
Mon 03/24 2:21 PM
PROOF OF SERVICE Executed by Plaintiff Brian McMillan, upon Defendant City of Lake Forest served on 3/11/2025, answer due 4/1/2025. Service of the Summons and Complaint were executed upon Thy Merritt, Assistant City Clerk in compliance with statute not specified by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy (Flyer, David) |
|
| Thursday, March 20, 2025 | ||
| 22 | 22
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/21 9:25 AM
AMENDED 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants Doug Cirbo, City of Lake Forest, Robert Pequeno, Debra Rose, Mark Tettemer, Scott Voigts, Benjamin Yu. (jp) |
|
|
Att: 1
Summon issued as to Mark Tettemer,
|
||
|
Att: 2
Summon issued as to Scott Volgts,
|
||
|
Att: 3
Summon issued as to Robert Pequeno,
|
||
|
Att: 4
Summon issued as to Benjamin Yu,
|
||
|
Att: 5
Summon issued as to Debra Rose,
|
||
|
Att: 6
Summon issued as to City of Lake Forest
|
||
| Monday, March 17, 2025 | ||
| 21 | 21
notice
Summons Request
Mon 03/17 3:44 PM
Request for Clerk to Issue Summons on Summons Issued (Attorney Civil Case Opening)20 , Summons Issued (Attorney Civil Case Opening)17 , Summons Issued (Attorney Civil Case Opening)15 , Summons Issued (Attorney Civil Case Opening)18 , Summons Issued (Attorney Civil Case Opening)14 , Summons Issued (Attorney Civil Case Opening)16 , Summons Issued (Attorney Civil Case Opening)19 filed by Plaintiff Brian McMillan.(Flyer, David) |
|
|
Att: 1
Amended Summons Mark Tettemer,
|
||
|
Att: 2
Amended Summons Scott Voigts,
|
||
|
Att: 3
Amended Summons Robert Pequeno,
|
||
|
Att: 4
Amended Summons Benjamin Yu,
|
||
|
Att: 5
Amended Summons Debra Rose,
|
||
|
Att: 6
Amended Summons City of Lake Forest
|
||
| Friday, March 07, 2025 | ||
| 20 | 20
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/07 6:15 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Doug Cirbo. (car) |
|
| 19 | 19
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/07 6:14 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Mark Tettemer. (car) |
|
| 18 | 18
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/07 6:12 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Scott Voigts. (car) |
|
| 17 | 17
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/07 6:10 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Robert Pequeno. (car) |
|
| 16 | 16
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/07 6:09 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Benjamin Yu. (car) |
|
| 15 | 15
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/07 6:08 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Debra Rose. (car) |
|
| 14 | 14
service
Summons Issued (Attorney Civil Case Opening)
Fri 03/07 6:07 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant City of Lake Forest. (car) |
|
| 13 | 13
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Fri 03/07 5:42 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
|
| 12 | 12
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Fri 03/07 5:42 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
|
| 11 | 11
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Fri 03/07 5:41 PM
NOTICE OF ASSIGNMENT to District Judge Serena R Murillo and Magistrate Judge John D. Early. (car) |
|
| Wednesday, March 05, 2025 | ||
| 10 | 10
notice
Summons Request
Wed 03/05 2:48 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 9 | 9
notice
Summons Request
Wed 03/05 2:45 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 8 | 8
notice
Summons Request
Wed 03/05 2:42 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 7 | 7
notice
Summons Request
Wed 03/05 2:38 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 6 | 6
notice
Subpoena Request (AO 88) Summons Request
Wed 03/05 2:34 PM
Request for Clerk to Issue Subpoena filed by Plaintiff Brian McMillan., Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 5 | 5
notice
Summons Request
Wed 03/05 2:23 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 4 | 4
notice
Summons Request
Wed 03/05 2:19 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 3 | 3
notice
Certificate/Notice of Interested Parties
Wed 03/05 1:52 PM
CERTIFICATE of Interested Parties filed by Plaintiff Brian McMillan, identifying Brian McMillan, Doug Cirbo, Mark Tettemer, Scott Voigts, Robert Pequeno, Benjamin Yu, Debra Rose, City of Lake Forest. (Flyer, David) |
|
| 2 | 2
misc
Civil Cover Sheet (CV-71)
Wed 03/05 1:47 PM
CIVIL COVER SHEET filed by Plaintiff Brian McMillan. (Flyer, David) |
|
| 1 | 1
14
pgs
cmp
Complaint (Attorney Civil Case Opening)
Wed 03/05 1:40 PM
COMPLAINT Receipt No: ACACDC-39235251 - Fee: $405, filed by Plaintiff Brian McMillan. (Attorney David R Flyer added to party Brian McMillan(pty:pla))(Flyer, David) |
|