Jordan Nicholas Sukut v. County of San Bernadino et al
California Central District Court | |
Judge: | William D Keller |
Referred: | Stephanie S Christensen |
Case #: | 5:23-cv-01480 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 42:1983 Civil Rights Act |
Case Filed: | Jul 26, 2023 |
Last checked: Monday Jan 22, 2024 12:46 AM PST |
Defendant
Kevin Blakeslee
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Defendant
Ryan Brown
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Defendant
Mazin Casey
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Defendant
County of San Bernadino
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Represented By
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Defendant
Does
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Defendant
Jon Escalante
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Defendant
Leonard Hernandez
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Defendant
San Bernardino County Flood Control District
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Represented By
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Defendant
Luther Snoke
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Defendant
Lawrence White
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Plaintiff
Jordan Nicholas Sukut
199 Madera Drive
Sandpoint, ID 83864 |
Docket last updated: 12/19/2024 11:59 PM PST |
Friday, December 06, 2024 | ||
35 | 35
textonly
Text Only Scheduling Notice
Fri 12/06 10:52 AM
RESET DEADLINES per Scheduling and Case Management Order34 - Discovery deadline previously set in error. Discovery cut-off 8/13/2025. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tsn) |
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34 | 34
order
Scheduling Order ~Util - Set/Reset Deadlines/Hearings
Fri 12/06 10:46 AM
SCHEDULING AND CASE MANAGEMENT ORDER by Magistrate Judge Stephanie S. Christensen. Set deadlines Status Report due by 4/7/2025. Amended Pleadings due by 4/17/2025. Discovery cut-off 9/12/2025. Motions due by 10/27/2025. SEE ORDER FOR FURTHER INFORMATION AND DEADLINES. (tsn) |
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Wednesday, December 04, 2024 | ||
33 | 33
answer
Answer to Complaint
Wed 12/04 4:58 PM
ANSWER to Amended Complaint,12 JURY DEMAND. DEFENDANTS SAN BERNARDINO COUNTY'S AND SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL filed by DEFENDANTS County of San Bernadino, San Bernardino County Flood Control District.(Jewell, Michael) |
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Tuesday, November 26, 2024 | ||
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textonly
Generic Text Only Entry
Tue 11/26 8:29 AM
Set Deadlines per ECF 30: Answer to First Amended Complaint due by December 4, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tsn) |
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Wednesday, November 20, 2024 | ||
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order
Strike Dismiss Case
Mon 11/25 4:24 PM
FOR COURT USE ONLY: STATISTICAL CORRECTION Granting in part13 MOTION and document is stricken. Granting in part14 MOTION to Dismiss Case re30 Order (es) |
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30 | 30
order
R&R - Accepting Report and Recommendations
Mon 11/25 4:17 PM
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge William D. Keller for Report and Recommendation (Issued),28 IT IS THEREFORE ORDERED that: (1) The Report is ACCEPTED and adopted as the Court's own findings and conclusions; (2) County Defendants' Motion to Dismiss (Docket No.14 ) is GRANTED IN PART; Plaintiff's state-law claims are dismissed without prejudice to any state court action he may be entitled to pursue; (3) County Defendants Motion to Strike (Docket No.13 ) is GRANTED IN PART consistent with the Report; (4) To the extent Plaintiff requests counsel, the request is DENIED for the reasons stated in the Report (see Docket No. 28 at 15 n.1O); (5) Defendant Hernandez is DISMISSED from this action without prejudice for Plaintiffs failure to serve him; and (6) this action shall proceed on the FAC as to Plaintiffs federal constitutional claims only as limited by the Report regarding Defendants' Motion to Strike. (es) |
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Friday, August 02, 2024 | ||
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respoth
Objection to Report and Recommendation
Fri 08/02 1:47 PM
OBJECTION to Report and Recommendation (Issued),28 Objections to Report and Recommendation of U.S. Magistrate Judge; Declaration of Michael E. Jewell filed by Defendants County of San Bernadino, San Bernardino County Flood Control District.(Jewell, Michael) |
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Att: 1 Exhibit Exhibit A - Request for Dismissal, Filed 3-26-2024 | ||
Friday, July 12, 2024 | ||
28 | 28
reportrecommend
Report and Recommendation (Issued)
Sat 07/13 4:07 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Stephanie S. Christensen Re NOTICE OF MOTION AND MOTION to Strike (F. R. CIV. P. 12(f)); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL Amended Complaint,12 13 , NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (FED. R. CIV. P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL 14 (tsn) |
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27 | 27
reportrecommend
Notice of Report and Recommendation
Sat 07/13 4:04 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Stephanie S. Christensen. Objections to R&R due by 8/2/2024 (tsn) |
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Wednesday, May 15, 2024 | ||
26 | 26
respm
Joinder (Motion Related)
Wed 05/15 3:58 PM
JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (FED. R. CIV. P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL 14 filed by Defendants County of San Bernadino, San Bernardino County Flood Control District. (Jewell, Michael) |
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25 | 25
respm
Joinder (Motion Related)
Wed 05/15 3:57 PM
JOINDER in NOTICE OF MOTION AND MOTION to Strike (F. R. CIV. P. 12(f)); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL Amended Complaint,12 13 filed by Defendants County of San Bernadino, San Bernardino County Flood Control District. (Jewell, Michael) |
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Monday, March 18, 2024 | ||
24 | 24
cs_rasgn
Transferring Case (CV-29)
Tue 03/19 10:47 AM
ORDER TRANSFERRING CIVIL ACTION pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. ORDER case transferred from Judge Andre Birotte Jr to the calendar of Judge William D. Keller for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:23-cv-01480-WDK (SSC). Signed by Judge Andre Birotte Jr. (et) |
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Thursday, February 29, 2024 | ||
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order
Order
Thu 02/29 10:06 AM
ORDER by Magistrate Judge Stephanie S. Christensen - The Court is in receipt of Plaintiff's Response to the Order to Show Cause21 and Request for an Extension of Time to Complete Service on Defendant Leonard Hernandez22 . In Plaintiff's Response to the Order to Show Cause, Plaintiff Jordan Nicolas Sukut, voluntarily dismisses defendants Ryan Brown, Jon Escalante, Lawrence White, Mazin Casey and Kevin Blakeslee. The Court shall terminate defendants Brown, Escalante, White, Casey and Blakeslee on the docket as of February 27, 2024. The Court further GRANTS Plaintiff's request to complete service on defendant Leonard Hernandez. Plaintiff shall file proof of service on Defendant Hernandez no later than April 15, 2024. The Order to Show Cause is discharged. IT IS SO ORDERED. THIS IS A TEXT ONLY ORDER. NO PDF IS ATTACHED. (tsn) |
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Tuesday, February 27, 2024 | ||
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notice
Notice (Other)
Wed 02/28 3:56 PM
NOTICE 1) Update on Service Attempt Regarding Defendant Hernandez filed by Plaintiff Jordan Nicholas Sukut (es) |
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misc
Response
Wed 02/28 3:55 PM
RESPONSE to Order 1) Cause for Failure to Serve and Notice of Dismissal 2) Additional Evidence and Witness20 filed by Plaintiff Jordan Nicholas Sukut (es) |
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Tuesday, February 06, 2024 | ||
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pgs
order
Order
Tue 02/06 3:12 PM
(IN CHAMBERS) Order to Show Cause Re: Failure to Serve Defendants by Magistrate Judge Stephanie S. Christensen. Plaintiff is ORDERED TO SHOW CAUSE, in writing, by February 27, 2024, why the Unserved Defendants should not be dismissed from this action for Plaintiff's failure to serve them with the summons and complaint as required by Rule 4. In the event Plaintiff wishes to voluntarily dismiss any or all of these the Unserved Defendants from this action, Plaintiff may complete and return the enclosed Notice of Dismissal form, CV-09, by February 27, 2024, indicating which defendants he intends to dismiss. (tsn) |
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Att: 1 CV-09 - Notice of Dismissal | ||
Tuesday, January 09, 2024 | ||
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respm
Reply (Motion related)
Tue 01/09 1:42 PM
REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (FED. R. CIV. P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL 14 filed by Defendants County of San Bernadino, San Bernardino County Flood Control District. (Jewell, Michael) |
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18 | 18
respm
Reply (Motion related)
Tue 01/09 1:39 PM
REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE OF MOTION AND MOTION to Strike (F. R. CIV. P. 12(f)); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL Amended Complaint,12 13 filed by Defendants County of San Bernadino, San Bernardino County Flood Control District. (Jewell, Michael) |
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Tuesday, January 02, 2024 | ||
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respm
Response in Opposition to Motion
Wed 01/03 7:39 AM
OPPOSITION to 1) NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (FED. R. CIV. P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL 14 , 2) NOTICE OF MOTION AND MOTION to Strike (F. R. CIV. P. 12(f)); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL Amended Complaint,12 13 3) Update on Service for Individual Defendants filed by Plaintiff Jordan Nicholas Sukut. (es) |
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Thursday, November 30, 2023 | ||
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order
Order
Thu 11/30 8:20 AM
ORDER by Magistrate Judge Stephanie S. Christensen, re NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (FED. R. CIV. P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL 14 , NOTICE OF MOTION AND MOTION to Strike (F. R. CIV. P. 12(f)); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL Amended Complaint,12 13 - The Court is in receipt of Defendants' Motion to Strike and Motion to Dismiss, filed on November 28, 2023 (ECF 13, 14). In response to the motions, the Court VACATES the motion hearings scheduled for January 12, 2024 and sets the following briefing schedule: any opposition shall be filed and served no later than January 2, 2024, and any reply shall be filed and served no later than January 9, 2024. The matters will thereafter be taken under submission. IT IS SO ORDERED. (THIS IS A TEXT ONLY ORDER. NO PDF ATTACHED). (tsn) |
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Wednesday, November 29, 2023 | ||
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notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Wed 11/29 12:40 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (FED. R. CIV. P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL 14 , NOTICE OF MOTION AND MOTION to Strike (F. R. CIV. P. 12(f)); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL Amended Complaint,12 13 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Proposed document was not submitted or was not submitted as a separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) |
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Tuesday, November 28, 2023 | ||
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motion
Dismiss Case
Tue 11/28 11:21 AM
NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED (FED. R. CIV. P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL filed by Defendants County of San Bernadino, San Bernardino County Flood Control District. Motion set for hearing on 1/12/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Exhibit A - I to MOTION TO DISMISS, #2 Declaration OF SOPHIA SALAS IN SUPPORT OF DEFENDANT SAN BERNARDINO COUNTYS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED, #3 Exhibit A - B to DECLARATION OF SOPHIA S. SALAS) (Jewell, Michael) |
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13 | 13
motion
Strike
Tue 11/28 11:03 AM
NOTICE OF MOTION AND MOTION to Strike (F. R. CIV. P. 12(f)); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL E. JEWELL Amended Complaint,12 filed by Defendants County of San Bernadino, San Bernardino County Flood Control District. Motion set for hearing on 1/12/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attorney Michael E Jewell added to party County of San Bernadino(pty:dft), Attorney Michael E Jewell added to party San Bernardino County Flood Control District(pty:dft)) (Jewell, Michael) |
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Att: 1 Exhibit Exhibits A - F to Motion to Strike | ||
Tuesday, November 14, 2023 | ||
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othcmp
Amended Complaint
Tue 11/14 6:18 PM
FIRST AMENDED COMPLAINT against Defendants Kevin Blakeslee, Ryan Brown, Mazin Casey, County of San Bernadino, Does 1 through 10, Jon Escalante, Leonard Hernandez, San Bernardino County Flood Control District, Luther Snoke, Lawrence White amending Complaint - 1 , filed by Plaintiff Jordan Nicholas Sukut. (et) |
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Thursday, October 26, 2023 | ||
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order
For Order
Thu 10/26 9:25 AM
ORDER by Magistrate Judge Stephanie S. Christensen: granting6 PROOF OF SERVICE, AND GOOD CAUSE FOR EXTENSION. On October 25, 2023, Plaintiff filed what the Court construes as a request for an extension of time to complete service. For good cause shown, the Court GRANTS Plaintiff's request for a 60 day extension to complete service on the remaining defendants. Proof of service on the remaining defendants shall be filed with the Court no later than December 26, 2023. THIS IS A TEXT ONLY ORDER. NO PDF IS ATTACHED. (tsn) |
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Wednesday, October 25, 2023 | ||
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service
Service of Summons and Complaint Returned Executed (21 days)
Thu 10/26 2:21 PM
PROOF OF SERVICE Executed by Plaintiff Jordan Nicholas Sukut, upon Defendant Luther Snoke served on 10/24/2023, answer due 11/14/2023. Service of the Summons and Complaint were executed upon County of San Bernardino, Clerk of the Board of Supervisors in compliance with Federal Rules of Civil Procedure by personal service (es) |
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notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Wed 10/25 5:55 PM
NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Service of Summons and Complaint Returned Executed (21 days),8 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. No case number listed. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Wed 10/25 5:54 PM
PROOF OF SERVICE Executed by Plaintiff Jordan Nicholas Sukut, upon Defendant County of San Bernadino served on 10/24/2023, answer due 11/14/2023. Service of the Summons and Complaint were executed upon County of San Bernardino, Clerk of the Board of Supervisors in compliance with Federal Rules of Civil Procedure by personal service (es) |
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7 | 7
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Wed 10/25 5:50 PM
NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Proof of Service and Good Cause for Extension6 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. No case number listed. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) |
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pgs
motion
Order
Wed 10/25 5:45 PM
PROOF OF SERVICE, AND GOOD CAUSE FOR EXTENSION filed by Plaintiff Jordan Nicholas Sukut. (es) |
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service
Service of Summons and Complaint Returned Executed (21 days)
Wed 10/25 5:41 PM
PROOF OF SERVICE Executed by Plaintiff Jordan Nicholas Sukut, upon Defendant San Bernardino County Flood Control District served on 10/24/2023, answer due 11/14/2023. Service of the Summons and Complaint were executed upon County of San Bernardino, Clerk of the Board of Supervisors in compliance with Federal Rules of Civil Procedure by personal service (es) |
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Friday, July 28, 2023 | ||
4 | 4
notice
Notice of Reference to US Magistrate Judge (CV-25) - optional html form
Fri 07/28 1:28 PM
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and referred to Magistrate Judge Stephanie S Christensen. (et) |
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Wednesday, July 26, 2023 | ||
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notice
Certificate/Notice of Interested Parties
Fri 07/28 1:27 PM
CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Jordan Nicholas Sukut. (et) |
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2 | 2
service
Summons Issued
Fri 07/28 1:26 PM
21 DAY Summons Issued re Complaint - 1 as to Defendants Kevin Blakeslee, Ryan Brown, Mazin Casey, County of San Bernadino, Jon Escalante, Leonard Hernandez, San Bernardino County Flood Control District, Luther Snoke, Lawrence White. (et) |
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1 | 1
cmp
Complaint - (Referred)
Fri 07/28 1:24 PM
COMPLAINT filed against Defendants Kevin Blakeslee, Ryan Brown, Mazin Casey, County of San Bernadino, Does 1 through 10, Jon Escalante, Leonard Hernandez, San Bernardino County Flood Control District, Luther Snoke, Lawrence White. Case assigned to Judge Andre Birotte Jr and referred to Magistrate Judge Stephanie S Christensen.(Filing fee$402 PAID.), filed by Plaintiff Jordan Nicholas Sukut. (et) |
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Att: 1 Civil Cover Sheet |