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14-1595 - (PS) Harrell v. Hornbrook Community Services District, et al.


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14-1595 - (PS) Harrell v. Hornbrook Community Services District, et al.
August 6, 2014
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ORDER signed by Magistrate Judge Gregory G. Hollows on 8/6/2014 ORDERING that Plaintiff's 2 Motion to Proceed IFP is GRANTED. Service is appropriate for the following defendants: Hornbrook Community Services District, Hanson, Brown, Barnes and Winston. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed to serve within ninety days of the date of this order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this court's status order, without prepayment of costs. The Clerk of the Court shall send plaintiff one USM-285 form for each defendant, one summons, a copy of the complaint, an appropriate form for consent to trial by a magistrate judge, and this court's status order. Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. (Zignago, K.)
August 29, 2014
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ORDER signed by Magistrate Judge Gregory G. Hollows on 8/29/14 DENYING 6 Motion to Amend the Complaint without prejudice to its refilling, accompanied by a proposed amended complaint. (Manzer, C)
October 9, 2014
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ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 10/9/2014. Within 21 days, plaintiff is ordered to SHOW CAUSE why case should not be dismissed for failure to serve. (Marciel, M)
December 5, 2014
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ORDER signed by Magistrate Judge Gregory G. Hollows on 12/5/14 ORDERING that the Order to Show Cause, filed 10/9/14, 8, is DISCHARGED. Plaintiff's MOTION to Amend, filed 10/30/14 9 is DENIED, as unnecessary. Service is appropriate for the following defendants: Hornbrook Community Services District, Hanson, Brown, Barnes, Winston, Bowles, Dingman, and Goff. The Clerk is directed to issue forthwith, and the U.S. Marshal is directed to serve within ninety days of the date of this order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this courts status order, without prepayment of costs. The Clerk shall send plaintiff one USM-285 form for each defendant, one summons, a copy of the amended complaint, an appropriate form for consent to trial by a magistrate judge, and this court's status order. The Clerk is directed to serve a copy of this order on the USM, 501 I Street, Sacramento, Ca., 95814, Tel. No. (916) 930-2030.(Mena-Sanchez, L)
March 18, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/17/2015. Plaintiff shall file Statement providing the street addresses for defendants HornbrookCommunity Services District and Ernest Goff within 14 days of this Order. Failure to provide information will result in recommendation that these defendants be dismissed. Plaintiff shall provide his phone number for Court record within 14 days of Order. Clerk directed to serve a copy of Order on U.S. Marshal at 501 I Street in Sacramento, California 95814. [CC: U.S. Marshal Services] (Marciel, M)
April 1, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/31/15 GRANTED IN PART AND DENIED IN PART 18 Motion for Extension. Plaintiff is GRANTED 30 days from the date of this order in which to file an opposition. Defendant's reply, if any, shall be filed within 7 days thereafter. Defendant Winston's 14 Motion to Dismiss and to Strike is VACATED from the calendar for 4/16/15, and will be taken under submission after all briefs are filed. The matter will be re-scheduled for hearing only if the court determines a hearing is necessary. (Meuleman, A) Modified on 4/1/2015 (Meuleman, A).
April 24, 2015
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ORDER granting 23 APPLICATION for Extension of Time signed by Magistrate Judge Gregory G. Hollows on 4/23/15. (Kaminski, H)
May 8, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/7/2015 ORDERING Within 14 days from the date of this order defendants Hornbrook Community Service District, Bowles, Hanson, Brown, Barnes, Dingman and Goff shall pay to the United States Marshal the sum of $316 per defendant, unless within that time any defendant files a written statement showing good cause for his or her failure to waive service; the court does not intend to extend this 14 day period; the Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (Reader, L)
September 10, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 09/09/15 ORDERING that plaintiff's 38 Motion for Early Discovery is DENIED; plaintiff's 45 Motion to Amend the Complaint (Request for Service) is DENIED and the USM's 21 Request for Reimbursement is DENIED and RECOMMENDING that the 14 35 Motions to Dismiss be granted in part and denied in part; referred to Judge Kimberly J. Mueller; Objections to these F&Rs due within 14 days. (Benson, A)
March 22, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 3/22/16 ORDERING that Defendant Winston's motion to dismiss plaintiffs § 1983 claims based on a lack of state action (ECF No. 14) is GRANTED with leave to amend; Defendants Hornbrook Community Services District, Michele Hanson, Patricia Brown, Sharrel Barnes, Julie Bowles, Clint Dingman, and Ernest Goffs motion to dismiss plaintiff's § 1983 claims on the merits (ECF No. 35) is GRANTED with leave to amend; Defendants' motions to dismiss plaintiffs state law claims for failure to comply with the CTCA (ECF Nos. 14, 35) are GRANTED with leave to amend; and Defendants' motions to strike plaintiff's state law claims (anti-SLAPP motions) (ECF Nos. 14, 35) are DENIED without prejudice to renewal if brought as a separate motion after plaintiff amends the complaint. (Becknal, R)
March 28, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 03/28/16 GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint that complies with the requirements of the FRCP, and the Local Rules of Practice. The amended complaint must bear the docket number assigned this case and must be labeled "Second Amended Complaint." Plaintiff must file an original and 2 copies of the amended complaint. Failure to file an amended complaint will result in a recommendation that this action be dismissed. (Jackson, T)
June 9, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/9/16 ORDERING that Defendants shall file a response 20 days from the date this Order is filed to the 59 Second Amended Complaint. (Jackson, T)
July 22, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/21/16 ORDERING that the Clerk shall remove the Plaintiffs 71 Motion for Preliminary Injunction and to Appoint a Receiver from the Court's August 5, 2016 calendar. Any further motions filed in this matter shall be noticed and filed in accordance with the requirements of Local Rule 230. (Kastilahn, A)
August 1, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 8/1/16 ORDERING that the Clerk shall vacate the courts September 22, 2016 hearing on the Motions pending in this case; No further filings will be accepted from any party unless in conformity to the emergency motion procedure outlined herein; All pending matters are under submission to await a formal ruling from the court.(Dillon, M)
September 12, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/12/16 ORDERING plaintiff to SHOW CAUSE within 10 days of receipt of this order why he should not be held in contempt of court for failing to obey a direct order. (Kastilahn, A)
September 20, 2016
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/19/2016 RECOMMENDING that the 59 Second Amended Complaint be dismissed with prejudice and that judgment be entered against the plaintiff; REFERRING this matter to Judge Kimberly J. Mueller; ORDERING that any objections be filed and served within fourteen days. (Michel, G.)
November 30, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/29/2016 GRANTING 115 Motion to Withdraw as Attorney and TERMINATING Attorney Heather Ann Barnes and William A. Munoz; The court sets the Counter-Motion to Disqualify the law firm of Murphy, Pearson, Bradley & Feeney, including Munoz, for hearing on 1/19/2017, at 1:00 p.m. in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; Opposition by any party affected by the above- scheduled counter-motion shall be filed and served no later than 1/5/2017; Replies by the moving and joining parties shall be filed and served no later than 1/12/2017. (Jackson, T)
December 29, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 12/29/2016 ORDERING that the parties shall brief in their oppositions/reply to the counter motion to disqualify counsel, or otherwise be prepared to discuss at hearing (January 19, 2017), whether a severance of defendants Gifford and Barnes into a separate action will rectify any present disqualification issues in this action involving the remaining defendants. All objections regarding the scheduling of the hearing and due date for briefs are overruled. To the extent that logistical problems make it not possible for the moving parties of the counter-motion to file a reply to the opposition, reply points may be made at hearing. All other objections pertinent to the counter-motion will be either be discussed at hearing, and/or adjudicated subsequent to hearing. (Zignago, K.)
March 29, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/29/2017 ORDERING that the 108 findings and recommendations are ADOPTED. Plaintiff is given leave to file a third amended complaint within fourteen (14) days of this order, and the complaint shall not exceed twenty-five pages, including any attachments. If plaintiff's complaint exceeds twenty-five pages, the complaint will be subject to immediate dismissal, with prejudice. This matter is referred back to the magistrate judge, who may of course impose additional requirements on the parties' filings to allow the court's judicious and expeditious handling of the case. Case No. 2:16-cv-0955 TLN AC is reassigned from United States District Judge Troy L. Nunley to the undersigned, and from Magistrate Judge Allison Claire to Magistrate Judge Gregory G. Hollows. The caption on documents filed in the reassigned case shall now be 2:16-cv-0955 KJM GGH. (Zignago, K.)
April 7, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/7/17 ORDERING that plaintiff's Third Amended Complaint shall be due to be filed on or before April 21, 2017. (Becknal, R)
May 1, 2017
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ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 5/1/17: Plaintiff shall show cause, within thirty (30) days of this Order, or no later than May 29, 2017, why his failure to obey the court's order should not result in dismissal of this action. (Kaminski, H)
May 1, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/1/17: 145 Stipulation and Proposed Order is stricken. (Kaminski, H)
May 3, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 5/3/17 ORDERING the plaintiff's request, construed as a 148 motion for reconsideration is DENIED. (Becknal, R)
August 15, 2017
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 8/14/2017 RECOMMENDING that the 59 Second Amended Complaint be dismissed with prejudice pursuant to F.R.Cv.P. Rule 41(b) for failure to obey a court order, or in the alternative, pursuant to F.R.Cv.P. Rule 12(b)(6) for failure to state a claim; REFERRING this matter to Judge Kimberly J. Mueller; ORDERING that any objections be filed within thirty (30) days. (Michel, G.)
November 15, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/17 ORDERING that The Clerk of the Court shall forward this Order to the Ninth Circuit Court of Appeals in response to its Referral Notice, ECF No. 166, for application in Case No 17-17191.(Mena-Sanchez, L)
November 27, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/27/17: The Clerk shall correct RCF No. 176 to reflect that the request was made by defendant Sharrel Barnes. IT IS HEREBY RECOMMENDED that Defendant's request to proceed on appeal in forma pauperis should be DENIED. F&R referred to Judge District Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
December 13, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/13/2017 RECOMMENDING that 171 Request to Proceed on Appeal IFP be denied. Objections due within 14 days after these findings and recommendations are filed. Referred to Judge Kimberly J. Mueller. (Hunt, G)
February 13, 2018
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ORDER signed by Magistrate Judge Gregory G. Hollows on 2/12/18, ORDERING the Clerk to remove the motion indicator from ECF No. 188 and identify it is an information only filing rather than a Motion. (Kastilahn, A)
February 15, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/15/18 Recommending that Attorneys fees in the amount of $24, 629.50, and costs in the amount of $2,987.67, are awarded for Hornbrook and against Plaintiff re 165 Motion for Attorney Fees. These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within twenty-ones days. (Mena-Sanchez, L)
May 10, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 5/10/18 ORDERING that Defendant Roger Gifford's Motion to Proceed IFP status for purposes of appeal 171 is DENIED. (Mena-Sanchez, L)
May 18, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 5/18/2018 DENYING 176 Motion to Proceed IFP. (Hunt, G)
July 25, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 7/24/18, ADOPTING 190 FINDINGS and RECOMMENDATIONS as modified in this Order. It is ORDERED that attorneys' fees in the amount of $24,929.50 and costs in the amount of $2,978.67 are AWARDED to defendant Hornbrook and against plaintiff. (Kastilahn, A) Modified on 7/30/2018 (Kastilahn, A).