| Court: | cacd |
| Docket #: | 2:15-cv-09818 |
| Case Name: | Travis Middleton v. Santa Barbara Police Department et al |
| PACER case #: | 636443 |
| Date filed: | 2015-12-22 |
| Assigned to: | Judge Stephen V. Wilson |
| Referred to: | Magistrate Judge Alicia G. Rosenberg |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Travis Middleton Plaintiff |
Travis Middleton |
| Santa Barbara Police Department Defendant |
Tom R Shapiro |
| City of Santa Barbara Defendant |
Tom R Shapiro |
| Camerino Sanchez Defendant in his official capacity |
Tom R Shapiro |
| Camerino Sanchez Defendant in his official capacity |
Tom R Shapiro |
| Officer Freytag Defendant individually |
Tom R Shapiro |
| Officer B. Jensen Defendant individually |
Tom R Shapiro |
| Officer Chung Defendant individually |
Tom R Shapiro |
| Denise DeBellefueille Defendant individually |
|
| Lee Carter Defendant individually |
Lisa A Rothstein |
| John Jane Doe court clerk Defendant in his her official capacity |
|
| John Jane Doe court clerk Defendant in his her official capacity |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-12-22 | 1 | 0 | COMPLAINT against defendants Lee Carter, Chung, City of Santa Barbara, Denise DeBellefueille, Freytag, B. Jensen, John Jane Doe court clerk(individually), John Jane Doe court clerk(in his her official capacity), Camerino Sanchez(individually), Camerino Sanchez(in his official capacity), Santa Barbara Police Department.Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg,(Filing fee $ 400 paid), Jury Demand, filed by plaintiff Travis Middleton. (esa) (Entered: 12/23/2015) | 2016-07-19 20:28:00 | 79e0bb360e29e4a3d6576add896c8b165e0b885e | |
| 2015-12-22 | 2 | 0 | 21 DAY Summons issued re Complaint 1 as to defendants Lee Carter, Chung, City of Santa Barbara, Denise DeBellefueille, Freytag, B. Jensen, John Jane Doe court clerk(individually), John Jane Doe court clerk(in his her official capacity), Camerino Sanchez(individually), Camerino Sanchez(in his official capacity), Santa Barbara Police Department. (esa) (Entered: 12/23/2015) | |||
| 2015-12-22 | 3 | 0 | CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Plaintiff Travis Middleton. (esa) (Entered: 12/23/2015) | |||
| 2015-12-22 | 4 | 0 | NOTICE OF CONSTITUTIONAL CHALLENGE AND QUESTION filed by plaintiff Travis Middleton. (esa) (Entered: 12/23/2015) | |||
| 2015-12-22 | 5 | 0 | NOTICE OF LODGING EXHIBIT H (audio disc) filed by plaintiff Travis Middleton (esa) (Entered: 12/23/2015) | |||
| 2015-12-22 | 6 | 0 | NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and referred to Magistrate Judge Alicia G. Rosenberg. (esa) (Entered: 12/23/2015) | |||
| 2016-01-07 | 7 | 0 | ORDER RE: CIVIL RIGHTS CASE by Magistrate Judge Alicia G. Rosenberg. This case has been referred to Magistrate Judge Alicia G. Rosenberg for pre-trial proceedings. All future pleadings shall be addressed to Marine Pogosyan, Clerk to Magistrate Judge Rosenberg, United States Courthouse, 312 North Spring Street, Los Angeles, California 90012. Plaintiff is advised of the following requirements for the preparation and submission of all future documents in connection with this case. (See Order for Further Details) (kl) (Entered: 01/07/2016) | |||
| 2016-02-04 | 8 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Chung, City of Santa Barbara, Freytag, B. Jensen, Camerino Sanchez(individually), Camerino Sanchez(in his official capacity), Santa Barbara Police Department. Motion set for hearing on 3/8/2016 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion, # 2 Proposed Order) (Attorney Tom R Shapiro added to party Chung(pty:dft), Attorney Tom R Shapiro added to party City of Santa Barbara(pty:dft), Attorney Tom R Shapiro added to party Freytag(pty:dft), Attorney Tom R Shapiro added to party B. Jensen(pty:dft), Attorney Tom R Shapiro added to party Camerino Sanchez(pty:dft), Attorney Tom R Shapiro added to party Camerino Sanchez(pty:dft), Attorney Tom R Shapiro added to party Santa Barbara Police Department(pty:dft)) (Shapiro, Tom) (Entered: 02/04/2016) | |||
| 2016-02-04 | 9 | 0 | REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case 8 filed by Defendants Chung, City of Santa Barbara, Freytag, B. Jensen, Camerino Sanchez, Camerino Sanchez, Santa Barbara Police Department. (Shapiro, Tom) (Entered: 02/04/2016) | |||
| 2016-02-04 | 10 | 0 | NOTICE of Interested Parties filed by Defendants Chung, City of Santa Barbara, Freytag, B. Jensen, Camerino Sanchez(individually), Camerino Sanchez(in his official capacity), Santa Barbara Police Department, (Shapiro, Tom) (Entered: 02/04/2016) | |||
| 2016-02-05 | 11 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Defendant Lee Carter filed by Defendant Lee Carter. Motion set for hearing on 3/8/2016 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Exhibit 1-Order on Removal, # 2 Proposed Order on Motion to Dismiss) (Attorney Lisa A Rothstein added to party Lee Carter(pty:dft)) (Rothstein, Lisa) (Entered: 02/05/2016) | |||
| 2016-02-05 | 12 | 0 | Corrected NOTICE OF MOTION AND MOTION to Correct NOTICE OF MOTION AND MOTION to Dismiss Defendant Lee Carter 11 (only corrected proposed order on Motion to Dismiss Carter filed by Defendant Lee Carter. Motion set for hearing on 3/8/2016 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Rothstein, Lisa) (Entered: 02/05/2016) | |||
| 2016-02-05 | 13 | 0 | NOTICE of Interested Parties filed by Defendant Lee Carter, identifying Travis Middleton, Santa Barbara Police Department, Camerino Sanchez, Officer Freytag, Officer B. Jensen, Officer Chung, Denise Debellefueille, and Lee Carter. (Rothstein, Lisa) (Entered: 02/05/2016) | |||
| 2016-02-05 | 14 | 0 | MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg re: NOTICE OF MOTION AND MOTION to Dismiss Defendant Lee Carter 11 (only corrected proposed order on Motion to Dismiss Carter 12 , NOTICE OF MOTION AND MOTION to Dismiss Case 8 . BRIEFING SCHEDULE. On February 4, 2016 and February 5, 2016, Defendants filed motions to dismiss the complaint. IT IS HEREBY ORDERED that: 1. Plaintiff shall file an opposition on or before March 7, 2016. 2. Defendants may file a reply within 14 days of service of the opposition. 3. The hearing date of March 8, 2016 at 10:00 a.m., is VACATED. Unless otherwise ordered, the court will take the motion under submission without oral argument as of the date the reply is due. (mp) (Entered: 02/05/2016) | |||
| 2016-02-11 | 15 | 0 | PROOF OF SERVICE Executed by Plaintiff Travis Middleton, upon Defendant Lee Carter served on 2/9/2016, answer due 3/1/2016. Service of the Summons and Complaint were executed upon Martin G. McKenzie, Chief of Litigation in compliance with statute not specified by method of service not specified. Original Summons returned. (kl) (Entered: 02/11/2016) | |||
| 2016-02-11 | 16 | 0 | PROOF OF SERVICE Executed by Plaintiff Travis Middleton, upon Defendant John Jane Doe court clerk (individually) served on 2/9/2016, answer due 3/1/2016; John Jane Doe court clerk( in his her official capacity) served on 2/9/2016, answer due 3/1/2016. Service of the Summons and Complaint were executed upon Jackie Cisse, Judicial Assistant, Santa Barbara Superior Court in compliance with statute not specified by method of service not specified. Original Summons returned. (kl) (Entered: 02/11/2016) | |||
| 2016-03-02 | 17 | 0 | PLAINTIFF'S REFUSAL FOR FRAUD filed by Plaintiff Travis Middleton. (kl) (Entered: 03/03/2016) | |||
| 2016-03-10 | 18 | 0 | REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case 8 filed by Defendants Chung, City of Santa Barbara, Freytag, B. Jensen, Camerino Sanchez, Camerino Sanchez, Santa Barbara Police Department. (Shapiro, Tom) (Entered: 03/10/2016) | |||
| 2016-03-15 | 19 | 0 | MINUTE (IN CHAMBERS) ORDER RE BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS OR IN THE ALTERNATIVE SUMMARY JUDGMENT by Magistrate Judge Alicia G. Rosenberg. On March 2, 2016, Plaintiff Travis Middleton filed a document entitled "Plaintiff's Refusal for Fraud." (Dkt. No. 17 .) It appears that the document included an "Application/Motion for Judgment on the Pleadings or in the Alternative Summary Judgment Pursuant to Fed. R. Civ. P. 12(c), 56(c) & UCC 1-103.6," hereinafter referred to as "Motion." (Dkt. No. 17 at 66-74.) The Clerk is directed to create a separate docket entry for the Motion with a filing date of March 2, 2016. IT IS HEREBY ORDERED that Defendants may file a response within 14 days after entry of this order. Plaintiff may file a reply brief within 14 days after service of Defendants' response. Unless otherwise ordered, the matter will be taken under submission after the time for filing the reply brief has lapsed. (kl) (Entered: 03/15/2016) | |||
| 2016-03-02 | 20 | 0 | APPLICATION/MOTION FOR JUDGMENT ON THE PLEADINGS OR IN THE ALTERNATIVE SUMMARY JUDGMENT filed by Plaintiff Travis Middleton. (kl) (Entered: 03/15/2016) | |||
| 2016-03-22 | 21 | 0 | MEMORANDUM in Opposition to APPLICATION for Judgment on the Pleadings 20 or in the alternative, Summary Judgment filed by Defendant Lee Carter. (Rothstein, Lisa) (Entered: 03/22/2016) | |||
| 2016-03-23 | 22 | 0 | MEMORANDUM in Opposition to APPLICATION for Judgment on the Pleadings 20 or in the Alternative Summary Judgment filed by Defendants Chung, City of Santa Barbara, Freytag, B. Jensen, Camerino Sanchez, Camerino Sanchez, Santa Barbara Police Department. (Shapiro, Tom) (Entered: 03/23/2016) | |||
| 2016-03-23 | 23 | 0 | APPLICATION for Clerk to Enter Default against Defendants Lee Carter, Chung, City of Santa Barbara, Freytag, B. Jensen, John Jane Doe court clerk (individually), John Jane Doe court clerk (in his her official capacity), Camerino Sanchez (individually), Camerino Sanchez (in his official capacity), Santa Barbara Police Department filed by Plaintiff Travis Middleton. (kl) (Entered: 03/25/2016) | |||
| 2016-03-30 | 24 | 0 | REPLY IN SUPPORT OF APPLICATION/MOTION FOR JUDGMENT ON THE PLEADINGS 20 filed by Plaintiff Travis Middleton. (kl) (Entered: 03/31/2016) | |||
| 2016-03-31 | 25 | 0 | MINUTES (IN CHAMBERS) by Judge Stephen V. Wilson: denying 23 APPLICATION for Clerk to Enter Default. PLAINTIFF'S APPLICATION FOR DEFAULT. On March 2, 2016, Plaintiff filed his pending Motion For Judgment On The Pleadings. Defendant Lee Carter filed an opposition on March 22, 2016 (Dkt. No. 21), and the City of Santa Barbara and the City-affiliated defendants filed an opposition on the following day. (Dkt. No. 22.) The only defendant for whom a proof of service is on file who did not respond to the motion is "John/Jane Doe Court Clerk." (See Dkt. No. 16.) Now before the Court is Plaintiff's Application For Default, bearing a signature date of March 21, 2016 a day or two before Defendants filed their oppositions. (Dkt. No. 23.) For the foregoing reasons, the Court DENIES Plaintiff's application. (mp) (Entered: 03/31/2016) | |||
| 2016-04-22 | 26 | 0 | CONSTRUCTIVE ORDER APPLICATION / MOTION FOR JUDGMENT ON THE PLEADINGS OR IN THE ALTERNATIVE SUMMARY JUDGMENT filed by Plaintiff Travis Middleton. (kl) (Entered: 04/25/2016) | |||
| 2016-05-31 | 27 | 0 | VERIFIED PETITION FOR WRIT OF MANDAMUS PURSUANT TO 28 U.S.C. SECTION 1651(b), UCC 1-103.6 filed by Plaintiff Travis Middleton. (mp) (Entered: 06/02/2016) | |||
| 2016-07-11 | 28 | 0 | REPORT AND RECOMMENDATION issued by Magistrate Judge Alicia G. Rosenberg Re APPLICATION for Judgment on the Pleadings 20 , PETITION for Writ of Mandamus 27 , NOTICE OF MOTION AND MOTION to Dismiss Defendant Lee Carter 11 , Corrected NOTICE OF MOTION AND MOTION to Correct NOTICE OF MOTION AND MOTION to Dismiss Defendant Lee Carter 11 (only corrected proposed order on Motion to Dismiss Carter 12 , NOTICE OF MOTION AND MOTION to Dismiss Case 8 . The court submits this Report and Recommendation to the Honorable Stephen V. Wilson, United States District Judge, pursuant to 28 U.S.C. ยง 636 and General Order No. 05-07 of the United States District Court for the Central District of California. For the reasons set forth below, the magistrate judge recommends the disposition set forth in the Report and Recommendation. For the reasons discussed above, it is recommended that the district court issue an order (1) accepting this Report and Recommendation; (2) granting the motion to dismiss filed by the City Defendants; (3) granting the motion to dismiss filed by defendant Carter; (4) denying Plaintiff's motion for judgment on the pleadings or in the alternative for summary judgment; (5) denying Plaintiff's mandamus petition; (6) dismissing the Complaint without leave to amend; (7) and ordering that judgment be entered dismissing this action without prejudice. (See Order for details.) (mp) (Entered: 07/11/2016) | |||
| 2016-07-11 | 29 | 0 | NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 8/3/2016. A party may respond to another party's Objections within 14 days after being served with a copy of the Objections. (Attachments: # 1 Report and Recommendation) (mp) (Entered: 07/11/2016) | |||
| 2016-08-04 | 30 | 0 | PLAINTIFF'S REFUSAL FOR FRAUD PURSUANT TO FED. R. CIV. P. 12(b), UCC 1-103.6 OBJECTION to Report and Recommendation (Issued) 28 filed by Plaintiff Travis Middleton.(mp) (Entered: 08/05/2016) |