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10-528 - (PS) Whitsitt v. City of Tracy et al


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10-528 - (PS) Whitsitt v. City of Tracy et al
May 17, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 05/16/11 ORDERING that the 2 Motion to Proceed IFP is GRANTED; plf has a cognizable claim against dft Hicks; Clerk to send plf summons, USM form and copy of the 1 complaint; w/i 30 days plf is to complete and submit said forms to the USM and, w/i 10 days thereafter, file with the Court a statement stating said docs were submitted to the USM. (Benson, A.)
June 20, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/17/11 DENYING 6 Motion for Reconsideraton; pltf shall submit service documents to the USM within 30 days; pltf shall file a declaration that forms were submitted to USM within 10 days; USM to serve process on dft Brett Hicks within 30 days. (cc USM) (Michel, G)
August 9, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 8/8/2011 ORDERING that the Clerk return to Pltf the summons and USM-285 form Pltf submitted to the Clerk. Within 30 days, Pltf shall submit to the USM a completed USM-285 form, a completed summons, and the number of copies of the endorsed complaint and of this order required by the USM. Pltf to file a declaration with this court that said documents have been submitted. The Clerk to serve a copy of this order on the USM. (USM served) (Zignago, K.)
October 11, 2011
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[VACATED per 13] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/7/11 RECOMMENDING that this action be dismissed without prejudice. Complaint 1 referred to Judge John A. Mendez. Within14 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Kastilahn, A) Modified on 11/2/2011 (Becknal, R).
November 2, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/1/11 ORDERING that the findings and recommendations 10 are VACATED; and w/i 21 days of this order, plaintiff shall file with this court a declaration stating the date on which he submitted the required documents for service of process to the US Marshal. Failure to file the declaration in a timely manner may result in an order imposing appropriate sanctions. (Becknal, R)
April 2, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/30/12 ORDERING that plaintiff's 3/22/12 motion for an extension of time 17 is granted; The hearing of defendant's pending motion on 4/13/12, is vacated, and reset for 5/11/12, at 10:00 a.m., at the US District Court, 501 I Street, Sacramento, CA, in Courtroom No. 27. Any party may appear at the hearing telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the courtroom deputy, at (916) 930-4128, no later than 48 hours before the hearing; Plaintiff shall file and serve his opposition, if any, to defendant's motion to dismiss not less than seventeen (17) days prior to the hearing if service is by mail and fourteen (14) days prior to the hearing if the motion is served personally. (Becknal, R)
May 25, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/24/12 ORDERING that Defendant's 3/13/12 MOTION to Dismiss 17 is GRANTED; Plaintiff's 3/24/10 Complaint 1 is DISMISSED; Plaintiff is granted thirty days from the date of service of this order to file an amended complaint. If Plaintiff elects to file an amended complaint, Defendant Hicks need to file a responsive pleading pending the court's review of Plaintiffs amended complaint pursuant to 28 U.S.C. ยง 1915. (Mena-Sanchez, L)
May 25, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/24/12 ORDERING that Within 30 days of the date of service of this order, defendant Hicks shall either: (a) show good cause why he failed to waive service, or (2) pay to the USM Service the costs of personal service reflected on the USM-285 form associated with the service of defendant Hicks. If defendant Hicks chooses to pay the costs rather than show good cause, he shall promptly notify the court of such payment. The Clerk of Court shall serve a copy of this order on the USM Marshals Service.(Mena-Sanchez, L)
October 22, 2012
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ORDER DIRECTING CLERK TO SEND MATERIALS FOR SERVICE signed by Magistrate Judge Dale A. Drozd on 10/19/2012 ORDERING The Clerk of the Court is directed to issue process and to send plaintiff an instruction sheet for service of process by the United States Marshal, 1 ea USM-285 form, summons form, and an endorsed copy of plaintiff's amended complaint #28; within 30 days after this order is served, plaintiff shall submit to the USM a properly completed USM-285 form, a properly completed summons form, and the number of copies of the endorsed amended complaint and of this order required by Within 10 days after submitting the required materials to the USM Service, plaintiff shall file with this court a declaration stating the date on which he submitted the required documents to the USM; Failure to file the declaration in a timely manner may result in an order imposing appropriate sanctions; within 30 days after receiving the necessary materials from plaintiff, the USM is directed to serve process on defendant City of Tracy, without prepayment of costs; the Clerk of the Court is directed to serve a copy of this order on the USM. (Reader, L)
January 14, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/11/13 Recommending that this action be dismissed without prejudice. This Findings and Recommendations are submitted to U.S. District Judge John A. Mendez. Objections to this F&R are due within fourteen days. (Mena-Sanchez, L)
January 30, 2013
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ORDER signed by Magistrate Judge Allison Claire on 1/29/2013 ORDERING that the 33 findings and recommendations are VACATED. The Clerk of the Court is directed to issue process and to send plaintiff an instruction sheet for service of process by the United States Marshal, one USM-285 form, one summons form, and an endorsed copy of plaintiff's 28 amended complaint. Within thirty (30) days after this order is served, plaintiff shall submit to the United States Marshal documents for service. Within ten (10) days after submitting the required materials to the United States Marshals Service, plaintiff shall file with this court a declaration stating the date on which he submitted the required documents to the United States Marshal. Within thirty (30) days after receiving the necessary materials from plaintiff,the United States Marshal is directed to serve process on defendant City of Tracy, without prepayment of costs. The Clerk of the Court is directed to serve a copy of this order on the United States Marshal. (Zignago, K.)
May 14, 2013
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ORDER signed by Magistrate Judge Allison Claire on 5/13/13: Status Conference set for 7/10/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Status Reports due no later than 14 days prior to conference. Clerk shall send pltf copies of Consent form; pltf shall serve a copy of this order and consent form on the defendant within 10 days. (Manzer, C)
July 3, 2013
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ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 7/2/13: The July 10, 2013 status conference is vacated until further court order. Plaintiff is directed to show cause in writing within 10 days from the date of this order why sanctions should not be imposed for failure to file a status report. (Kaminski, H)
August 20, 2013
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ORDER signed by Magistrate Judge Allison Claire on 8/19/2013 ORDERING that the 44 Order to Show Cause is VACATED. A Status Conference is set for 9/25/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. The parties shall submit, no later than 14 days before the Status Conference, a status report. (Zignago, K.)
May 19, 2014
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ORDER signed by Magistrate Judge Allison Claire on 5/19/14 DENYING 54 Motion to withdraw deemed admissions. (Manzer, C)
July 16, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/15/14: IT IS HEREBY RECOMMENDED that Defendant's motion for summary judgment 52 be granted. Summary judgment be entered for defendant on plaintiff's "Denial of Post-Tow Hearing" claim pursuant to Federal Rule of Civil Procedure Rule 56. This action be dismissed with prejudice. F&R referred to Judge John A. Mendez. Objections to F&R due within fourteen days. (Kaminski, H)
August 1, 2014
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ORDER signed by Judge John A. Mendez on 7/31/14 ORDERING that the Defendant CITY OF TRACY's Ex Parte Application 62 is GRANTED. The Pre-trial and Trial dates shall be continued as follows: Pre-Trial Statements: 11/14/14; the Final Pretrial Conference set for 11/21/14 at 11:00 AM; and Jury Trial set for 1/26/15 at 09:00 AM. (Becknal, R)
April 6, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/5/16 RECOMMENDING that plaintiff's motion for relief from judgment, ECF No. 66, be DENIED. Referred to Judge John A. Mendez; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
June 23, 2016
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ORDER signed by District Judge John A. Mendez on 6/22/16 ORDERING that the findings and recommendations filed April 6, 2016, are adopted in full; and plaintiff's motion for relief from judgment, ECF No. 66, is DENIED.(Dillon, M)