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18-524 - Gregory v. Fresno County, et al


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18-524 - Gregory v. Fresno County, et al
May 16, 2018
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Order GRANTING Defendant Department of Justices Motion for an Extension of Time to respond to the complaint; Order directing Clerk of Court to terminate Plaintiffs Motion for 0-day Extension of Time, signed by Magistrate Judge Stanley A. Boone on 5/16/2018. (Filing Deadline: 6/25/2018) (Rosales, O)
June 12, 2018
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ORDER GRANTING STATE DEFENDANTS' REQUEST TO EXCEED PAGE LIMIT IN CONNECTION WITH MOTION TO DISMISS signed by Chief Judge Lawrence J. O'Neill on June 12, 2018. (Munoz, I)
July 9, 2018
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ORDER REQUIRING COUNSEL'S PERSONAL APPEARANCE FOR AUGUST 15, 2018 HEARING. Signed by Magistrate Judge Stanley A. Boone on 7/9/2018. (Hernandez, M)
July 19, 2018
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ORDER Denying Plaintiff's 35 36 Requests to Exceed the Page Limits for their Opposition to Defendants' Motions to Dismiss signed by Magistrate Judge Stanley A. Boone on 07/19/2018. (Flores, E)
August 2, 2018
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ORDER DISREGARDING OPPOSITION AND REQUEST FOR JUDICIAL NOTICE AND STRIKING PLAINTIFFS OPPOSITIONS TO DEFENDANTS MOTIONS TO DISMISS FOR VIOLATION OF COURT ORDER. IT IS HEREBY ORDERED that: Plaintiffs notice of judicial notice of additional facts discovered (ECF No. 39) and opposition to State Defendants motion to dismiss (ECF No. 40) are DISREGARDED; Plaintiffs opposition to County of Fresno, Lisa Smittcamp and Jeffrey Dupras Defendants motion to dismiss (ECF No. 41) and Plaintiffs opposition to State Defendants motion to dismiss (ECF No. 43) are STRICKEN FROM THE RECORD; Plaintiffs shall file oppositions that comply with the page limitations set forth in the July 19, 2018 order by noon on August 6, 2018; Defendants reply, if any, shall be filed on or before August 10, 2018; and If Plaintiffs fail to file oppositions in compliance with this order, Defendants motions to dismiss shall be deemed unopposed. Signed by Magistrate Judge Stanley A. Boone on 8/2/2018. (Hernandez, M)
September 6, 2018
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FINDINGS and RECOMMENDATIONS -Based on the foregoing, IT IS HERBY RECOMMENDED that:1. The County Defendants motion to dismiss, filed July 3, 2018, be GRANTED on the ground that Plaintiffs have failed to state a cognizable claim against Defendants Fresno County, Lisa Smittcamp, and Jeffrey Dupras;2. The claims against the County Defendants be DISMISSED with prejudice as barred by the statute of limitations;3. The State Defendants motion to dismiss, filed June 27, 2018, be GRANTED IN PART AND DENIED IN PART as follows:a. State Defendants motion for the Court to abstain under Younger be GRANTED and this action be STAYED until the completion of the state proceedings in People v. WWSG, No. RG17856929 (Alameda Superior Court);b. State Defendants motion to dismiss the eighth cause of action for injunctive relief as barred by the Anti-Injunction Act be DENIED;c. County Defendants motion to dismiss the cause of action for injunctive relief without leave to amend as it is not an independent cause of action be GRANTED;d. The claims for damages against the Department of Justice and Registry of Charitable Trusts and State Defendants in their official capacities be DISMISSED WITHOUT LEAVE TO AMEND as barred by the Eleventh Amendment; e. The freedom of speech, freedom of association, and retaliation claims in violation of the First Amendment be DISMISSED for failure to state a claim;f. Plaintiffs claims alleging violations of the Fourth, Fifth, Sixth, and Ninth Amendments be DISMISSED WITHOUT LEAVE TO AMEND for failure to state a claim;g. State Defendants motion to dismiss the Fourteenth Amendment due process claims against Defendant Eller based upon the failure to provide a hearing; and against Defendant Mossler for issuing penalties without notice be DENIED;h. Plaintiffs stigma-plus claim against Defendant Eller be DISMISSED WITHOUT LEAVE TO AMEND on the ground that he is entitled to qualified immunity for the documents issued and posting them on the Registry of Charitable Trusts website;i. State Defendants motion to dismiss be GRANTED as to all remaining Fourteenth Amendment claims for failure to state a claim;j. State Defendants motion to dismiss the abuse of process claims under section 1983 be GRANTED for failure to state a claim;k. Plaintiffs state law privacy claim be DISMISSED for failure to state a claim;l. Defendants Kim, Ibanez, Harris, Becerra, Garcia be DISMISSED from this action on the ground that they are entitled to absolute prosecutorial immunity or qualified immunity for the actions alleged in the complaint;m. State Defendants motion to dismiss all state law claims accruing before August 20, 2017 be GRANTED;n. All causes of action based on the May 2015 cease and desist letter be DISMISSED WITH PREJUDICE as barred by the statute of limitations;4. Plaintiffs be granted the opportunity to file an amended complaint or notify the Court that they are willing to proceed on the cognizable claims once the stay of this action is lifted; and5. Any amended complaint shall not exceed twenty-five (25) pages in length. This page limit includes any exhibits incorporated by reference. IT IS FURTHER ORDERED that any objections to this findings and recommendations may not exceed 25 pages in length. THE MATTER IS REFERRED TO CHIEF, U.S. DISTRICT JUDGE LAWRENCE J. O'NEILL. Signed by Magistrate Judge Stanley A. Boone on 9/6/2018. (Hernandez, M)
September 11, 2018
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ORDER GRANTING PLAINTIFFS REQUEST FOR AN EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS AND VACATING OCTOBER 9, 2018 SCHEDULING CONFERENCE. IT IS HEREBY ORDERED that: Plaintiffs request of for an extension of time to file objections to the findings and recommendations is GRANTED; Plaintiffs objections shall be filed on or before October 4, 2018; and The October 9, 2018 scheduling conference is VACATED to be reset at a later date. Signed by Magistrate Judge Stanley A. Boone on 9/11/2018. (Hernandez, M)
November 9, 2018
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ORDER to SHOW CAUSE re: Res Judicata Effect of State Court Jury Verdict,signed by Chief Judge Lawrence J. O'Neill on 11/9/18. Show Cause Response due by 11/30/2018. (Martin-Gill, S)