Case: Dunsmore v. State of California

Dunsmore v. State of California, et al

Dunsmore v. State of California, et al.

U.S. Court of Appeals for the Ninth Circuit

Dunsmore v. State of California, et al.

U.S. Court of Appeals for the Ninth Circuit

Dunsmore v. State of California, et al.

Dunsmore v. San Diego County Sheriff's Department

Jeff McDonald, Kelly Davis

Tessa Bialek and Margo Schlanger

COMPLAINT With Jury Demand Against State of California, San Diego County, San Diego Sheriffs Dept., Dept of Corrections, Xavier Beccera, Gore, Attorney General, filed by Darryl Dunsmore. ($400.00 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: # 1 Civil Cover Sheet)The new case number is 3:20-cv-406-AJB-WVG. Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo are assigned to the case.[Case in Screening per 28 USC 1915] (jms)(jrd) (Entered: 03/03/2020)

ORDER DISMISSING Civil Action for Failing to Prepay Filing Fees Required by 28 U.S.C. § 1914(a) or File a Motion to Proceed In Forma Pauperis. Signed by Judge Anthony J. Battaglia on 3/5/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Entered: 03/05/2020)

MOTION for Leave to Proceed in forma pauperis by Darryl Dunsmore. (jms) (Entered: 03/24/2020)

Order: (1) Granting Motion to Proceed in Forma Pauperis (ECF No. 3 ); and (2) Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C. § 1915A(b). The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Anthony J. Battaglia on 4/6/2020. (All non-registered users and Watch Commander served via U.S. Mail Service t/w Complaint form)(jrm) Modified docket text on 4/20/2020 (jrm). (Entered: 04/07/2020)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion to Proceed to IFP, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Moot. Duplicate of Motion to Proceed IFP filed 3/23/2020 (ECF No. 3 ) was granted on 4/6/20 (ECF No. 4 ). Complaint was dismissed per 28 USC § 1915(e) & 1915A on 4/6/20. To proceed, Plaintiff must file Amended Complaint within 45 days of 4/6/20 Order. Rejected document was returned to the filer. Signed by the Chambers of Judge Anthony J. Battaglia on 4/14/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Additional attachment(s) added on 4/14/2020: # 1 Rejected Document) (jrm). (Entered: 04/14/2020)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for Appointment of Counsel, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed Civ.L. Rule 7.1 or 47.1 - Lacking memorandum of points and authorities in support as a separate document; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation. Signed by the Chambers of Judge Anthony J. Battaglia on 6/8/2020.(jrm) (Additional attachment(s) added on 6/9/2020: # 1 Rejected Document) (jrm). (Entered: 06/09/2020)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion for Extension of Time to File First Amended Complaint, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed per Order dated 4/6/2020 (ECF 4). Nunc Pro Tunc 6/19/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 6/22/2020.(All non-registered users served via U.S. Mail Service)(jms) (Entered: 06/22/2020)

MOTION for Extension of Time to File to File First Amended Complaint by Darryl Dunsmore. Nunc Pro Tunc 6/19/2020(jms) (Entered: 06/22/2020)

ORDER BY JUDGE BATTAGLIA: GRANTING 8 Motion for Extension of Time to File First Amended Complaint. Plaintiff is granted an additional 45 days from the date of this order in which to file an amended complaint. (All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 06/22/2020)

Order on Motion for Extension of Time to File

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for Intervention, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Civ.L. Rule 7.1 or 47.1 - Lacking memorandum of points and authorities in support as a separate document; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation; Complaint was dismissed per 28 USC § 1915(e) & 1915A on 4/6/20. To proceed, Plaintiff must file Amended Complaint, Rejected document was returned to the filer. Signed by the Chambers of Judge Anthony J. Battaglia on 6/29/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Additional attachment(s) added on 6/29/2020: # 1 Rejected Document) (jrm). (Entered: 06/29/2020)

***Document Stricken per Order 18 ** AMENDED COMPLAINT with Jury Demand against Attorney General, Xavier Beccera, Jackie Burden, Dept of Corrections, John Doe, Michael Garcia, Gore, Newsom, OAC, San Diego County, San Diego Sheriffs Dept., Sipperly, State of California, filed by Darryl Dunsmore. (jms) Modified to Strike on 7/23/2020 (jrm). (Main Document 11 replaced on 7/23/2020) (jrm). (Entered: 07/02/2020)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Declaration by Ken Karan and Exhibits, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Filer not a party to the case. Nunc Pro Tunc 7/10/2020. Signed by Judge Anthony J. Battaglia on 7/17/2020.(All non-registered users served via U.S. Mail Service)(dsn) (Entered: 07/17/2020)

Declaration by Ken Karan and Exhibits, by Plaintiff Darryl Dunsmore. Nunc pro tunc 7/10/2020. (dsn) (Entered: 07/17/2020)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Declaration, from Plaintiff Darryl Dunsmore. Document to be filed as "Motion to Strike Amended Complaint". Non-compliance with local rule(s), OTHER: S.D. Cal. CivLR 7.1.f.1: Document requests relief from Court but is not in motion format. Nunc Pro Tunc 7/13/2020. Signed by the chambers of Judge Anthony J. Battaglia on 7/17/2020.(All non-registered users served via U.S. Mail Service)(dsn) (Entered: 07/17/2020)

Motion to Strike Amended Complaint by Plaintiff Darryl Dunsmore. Nunce pro tunc 7/13/2020. (dsn) Modified text and regenerated notice on 7/17/2020 (dsn). (Entered: 07/17/2020)

ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re 15 MOTION to Strike Document : Responses due by 7/31/2020; Replies due by 8/7/2020; sur-replies will not be accepted.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 07/17/2020)

ORDER BY JUDGE BATTAGLIA: DOCKETED IN ERROR, Order setting briefing schedule (Doc. No. 16). Briefing schedule vacated.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 07/17/2020)

Order Setting Briefing Schedule

Order AND ~Util - Terminate Motion and R&R Deadlines/Hearings

ORDER Granting Motion to Strike Amended Complaint (ECF No. 15 ); and (2) Directing the Clerk of Court to File Amended Complaint' Motion for Civil Contempt; Motion to Appoint Counsel; Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 13 ). Signed by Judge Anthony J. Battaglia on 7/22/2020. (jrm) (Additional attachment(s) added on 7/23/2020: # 1 Stricken Document) (jrm). (Entered: 07/23/2020)

FIRST AMENDED COMPLAINT against Xavier Beccera, Jackie Burden, Kevin Faulconer, Michael Garcia, Gore, Craig Leff, Newsom, OAC, San Diego County, State of California, filed by Darryl Dunsmore. (jms) (Main Document 19 replaced on 7/30/2020) (jms). (Entered: 07/23/2020)

MOTION for Civil Contempt by Darryl Dunsmore. (jms) (Entered: 07/23/2020)

MOTION to Appoint Counsel by Darryl Dunsmore. (jms) (Entered: 07/23/2020)

MOTION for Temporary Restraining Order and Preliminary Injunction by Darryl Dunsmore. (jms) (Entered: 07/23/2020)

ORDER: (1) Denying motion for civil contempt, motion to appoint counsel, and motion for temporary restraining order;l and (2) Dismissing First Amended Complaint pursuant to 28 USC 1915(e)(2) and 28 USC 1915A(b). Plaintiff is granted sixty (60) days leave from the date of this Order in which to file an Amended Complaint. (Blank civil rights form mailed to Plaintiff). Signed by Judge Anthony J. Battaglia on 8/04/2020.(All non-registered users served via U.S. Mail Service)(jpp) (dlg). (Entered: 08/04/2020)

NOTICE OF APPEAL to the 9th Circuit by Darryl Dunsmore as to 23 Order. IFP Status. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) (Entered: 09/10/2020)

USCA Case Number 20-55942 for 24 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 09/10/2020)

ORDER of USCA as to 24 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. A review of the record demonstrates that the USCA lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. Consequently, this appeal is dismissed for lack of jurisdiction. Dismissed. (akr) (Entered: 09/21/2020)

USCA Case Number 20-72940 for the Petition for Writ of Mandamus filed by Darryl Dunsmore. (akr) (Entered: 10/01/2020)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion for Final Order, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 10/5/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 10/6/2020.(All non-registered users served via U.S. Mail Service)(jms) (Entered: 10/07/2020)

MOTION for Final Order by Darryl Dunsmore. Nunc Pro Tunc 10/6/2020(jms) (Entered: 10/07/2020)

ORDER of USCA as to the Petition for Writ of Mandamus filed by Darryl Dunsmore. Petitioner has not demonstrated that this case warrants the intervention of the USCA by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. No further filings will be accepted in this closed mandamus case. Denied. (akr) (Entered: 10/13/2020)

MANDATE of USCA dismissing the appeal as to 24 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 10/14/2020)

ORDER Granting Motion for Voluntary Dismissal. Signed by Judge Anthony J. Battaglia on 10/14/2020. (All non-registered users served via U.S. Mail Service)(jrm) (Entered: 10/15/2020)

NOTICE OF APPEAL to the 9th Circuit by Darryl Dunsmore as to 32 Order. IFP Status. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) (Entered: 10/27/2020)

USCA Case Number 20-56135 for 33 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 10/28/2020)

USCA Time Schedule Order as to 33 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 10/28/2020)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for ADA Access, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed per Order Granting Motion for Voluntary Dismissal dated 10/14/2020 (ECF 14) Civ.L. Rule 7.1 - Lacking memorandum of points and authorities in support; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation, Rejected document was returned to the filer. Signed by Judge Anthony J. Battaglia on 11/2/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Additional attachment(s) added on 11/2/2020: # 1 Rejected Document) (jrm). (Entered: 11/02/2020)

NOTICE OF APPEAL to the 9th Circuit by Darryl Dunsmore as to 36 Notice and Order of Document Discrepancies Rejecting Document. IFP Status. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) (Entered: 11/19/2020)

USCA Case Number 20-56221 for 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 11/20/2020)

USCA Time Schedule Order as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 11/20/2020)

REFERRAL NOTICE from USCA as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. This matter is referred to the USDC for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. If the USDC elects to revoke in forma pauperis status, the USDC is requested to notify the USCA and the parties of such determination within 21 days of the date of this referral. If the USDC does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to FRAP 24(a). This referral shall not affect the briefing schedule previously established by the USCA. (akr) (Entered: 12/15/2020)

ORDER of USCA t/w Prisoner Authorization Form as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. Appellant has been granted leave to proceed in forma pauperis and has completed and filed the required authorization form directing the appropriate prison officials to assess, collect, and forward to the USDC the filing and docketing fees for this appeal pursuant to 28 U.S.C. §1915(b)(1) and (2). USCA assesses and defines initial filing fee. Appellant is not responsible for payment when the funds in appellant's prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. The Clerk shall serve this order and appellant's completed authorization form on the Attorney General for the State of California, who shall notify the appropriate agency or prison authority responsible for calculating, collecting, and forwarding the initial payment assessed in this order and for assessing, collecting, and forwarding the remaining monthly payments of the fee to the USDC for this appeal. Each payment should be accompanied by the USDC and appellate docket numbers for this appeal and a record of previous payments made for this appeal. (akr) (Entered: 03/17/2021)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motin for Petition for Writ of Mandate, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Civ.L. Rule 7.1 - Lacking memorandum of points and authorities in support; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation; Case Closed; appeal pending; document illegible. Signed by the Chambers of Judge Anthony J. Battaglia on 4/22/2021. (Attachments: # 1 rejected document)(All non-registered users served via U.S. Mail Service)(jrm) (Entered: 04/22/2021)

Mail Returned as Undeliverable re 42 Notice and Order of Document Discrepancies. Mail sent to Darryl Dunsmore. (bta) (Entered: 05/11/2021)

ORDER of USCA as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. A review of the docket demonstrates that appellant has failed to file the opening brief in this case. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to prosecute. This order served on the USDC shall, 21 days after the date of the order, act as the mandate of the USCA. (akr) (Entered: 06/21/2021)

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for TRO and Preliminary Injunction, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed Civ.L. Rule 7.1 - Lacking memorandum of points and authorities in support; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation. Signed by Judge Anthony J. Battaglia. (Attachments: # 1 Rejected Document)(jrm) (Entered: 08/10/2021)

MANDATE of USCA reversing and remanding to the USDC as to 33 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 08/23/2021)

NOTICE of Spreading the Mandate: The Court spreads the USCA Mandate No. 20-56135. Court will issue a written order. (All non-registered users served via U.S. Mail Service)(no document attached) (lrf) (Entered: 08/23/2021)

Notice of Spreading the Mandate

Order Directing U.S. Marshal Service to Effect Service of First Amended Complaint, (Doc. No. 19 ). Signed by Judge Anthony J. Battaglia on 8/24/2021. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (jrm) (Entered: 08/24/2021)

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 IFP Letter)(jrm) (Entered: 08/24/2021)

NOTICE of Change of Address by Darryl Dunsmore (jms) (Entered: 08/30/2021)

Mail Returned as Undeliverable re 45 Notice and Order of Document Discrepancies. Mail sent to Darryl Dunsmore. (bta) (Entered: 08/31/2021)

NOTICE of Change of Address by Darryl Dunsmore (jms) (Entered: 09/20/2021)

Mail Returned as Undeliverable re 47 Notice of Spreading the Mandate. Mail sent to Darryl Dunsmore. (bta) (Entered: 09/30/2021)

USM 285 - Summons Returned Unexecuted by Darryl Dunsmore as to John Doe. (jrm) (Entered: 10/15/2021)

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to Dept of Corrections. (jrm) (Entered: 10/15/2021)

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to John Doe - Theodore Weathers. (jrm) (Entered: 10/15/2021)

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to John Doe - David Rankin. (jrm) (Entered: 10/15/2021)

CERTIFICATE OF SERVICE (USM 285) as to Jackie Burden by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

CERTIFICATE OF SERVICE (USM 285) as to Michael Garcia by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

CERTIFICATE OF SERVICE (USM 285) as to Craig Leiff by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

CERTIFICATE OF SERVICE (USM 285) as San Diego County by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to Kevin Faulconer. (jrm) (Entered: 10/27/2021)

Summons Returned Unexecuted by Darryl Dunsmore as to Gore. (jrm) (Entered: 10/27/2021)

MOTION to Dismiss for Failure to State a Claim by Gore, San Diego County. (Attachments: # 1 Memo of Points and Authorities in Support of Defendants County of San Diego and William Gore's Motion to Dismiss First Amended Complaint, # 2 Proof of Service)(Lenert, Ronald)Attorney Ronald Lenert added to party Gore(pty:dft), Attorney Ronald Lenert added to party San Diego County(pty:dft) (jrm). (Entered: 11/03/2021)

ORDER Setting Briefing Schedule on Defendants 64 MOTION to Dismiss. Responses due by 1/10/2022. Replies due by 1/28/2022. Signed by Magistrate Judge William V. Gallo on 11/5/2021.(All non-registered users served via U.S. Mail Service)(ag) (Entered: 11/05/2021)

NOTICE of Appearance by Gay Crosthwait Grunfeld on behalf of Darryl Dunsmore (Grunfeld, Gay)Attorney Gay Crosthwait Grunfeld added to party Darryl Dunsmore(pty:pla)(jms). (Entered: 12/13/2021)

NOTICE of Appearance by Richard Van Swearingen on behalf of Darryl Dunsmore (Swearingen, Richard)Attorney Richard Van Swearingen added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/13/2021)

NOTICE of Appearance by Eric D. Monek Anderson on behalf of Darryl Dunsmore (Monek Anderson, Eric)Attorney Eric D. Monek Anderson added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/13/2021)

NOTICE of Appearance by Priyah Kaul on behalf of Darryl Dunsmore (Kaul, Priyah)Attorney Priyah Kaul added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/13/2021)

NOTICE of Appearance as Counsel of Record by Christopher M. Young on behalf of Darryl Dunsmore (Young, Christopher)Attorney Christopher M. Young added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/14/2021)

NOTICE of Appearance as Counsel of Record by Oliver M. Kiefer on behalf of Darryl Dunsmore (Kiefer, Oliver)Attorney Oliver M. Kiefer added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/14/2021)

NOTICE of Appearance by Bardis Vakili on behalf of Darryl Dunsmore (Vakili, Bardis)Attorney Bardis Vakili added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/14/2021)

NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Darryl Dunsmore (Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Darryl Dunsmore(pty:pla)(jms). (Entered: 12/14/2021)

Ex Parte MOTION for Leave to File Amended Complaint, Ex Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Darryl Dunsmore. (Attachments: # 1 Declaration of Christopher M. Young, # 2 Exhibit 1, # 3 Exhibit 2)(Young, Christopher)(jms). (Entered: 12/14/2021)

1 Declaration of Christopher M. Young

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2 Exhibit 1

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3 Exhibit 2

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NOTICE of Intent to File Written Opposition to Plaintiff's Ex Parte Motion by Gore, San Diego County re 74 Ex Parte MOTION for Leave to File Amended ComplaintEx Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss (Attachments: # 1 Proof of Service)(Lenert, Ronald) (jrm). (Entered: 12/15/2021)

NOTICE of Appearance as Counsel of Record by Isabella Neal on behalf of Darryl Dunsmore (Neal, Isabella)Attorney Isabella Neal added to party Darryl Dunsmore(pty:pla)(jrm). (Entered: 12/15/2021)

ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re 74 Ex Parte MOTION for Leave to File Amended ComplaintEx Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss : Responses due by 12/29/2021; Replies due by 1/5/2022; sur-replies will not be accepted. Motion Hearing set for 2/24/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. Counsel is reminded to follow Judge Battaglia's chambers rules with regard to getting a motion hearing date prior to filing. (no document attached) (sc) (Entered: 12/16/2021)

NOTICE of Appearance by Aaron J. Fischer on behalf of Darryl Dunsmore (Fischer, Aaron)Attorney Aaron J. Fischer added to party Darryl Dunsmore(pty:pla) (jmo). (Entered: 12/16/2021)

Order Setting Briefing Schedule

ORDER BY JUDGE BATTAGLIA: Order vacating briefing schedule and motion hearing date (doc. No. 77). The Ex Parte MOTION for Leave to File Amended Complaint, Ex Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss (doc. No. 74), filed by plaintiff is set before Magistrate Judge Gallo. (no document attached) (sc) (Entered: 12/17/2021)

ORDER (1) Granting Plaintiff's motion to amend and (2) Denying Defendants' motion to dismiss (Doc. Nos. 64 & 74 ). Signed by Magistrate Judge William V. Gallo on 12/17/2021. (jpp) (Entered: 12/17/2021)

~Util - Terminate Motion and R&R Deadlines/Hearings AND Order

AMENDED COMPLAINT (SECOND AMENDED CIVIL CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF) against San Diego County Sheriff's Department, County of San Diego, Correctional Healthcare Partners, Inc., Tri-City Medical Center, Liberty Healthcare, Inc., Mid-America Health, Inc., Logan Haak, M.D., Inc., San Diego County Probation Department, filed by Darryl Dunsmore, Josue Lopez, Christopher Nelson, Reanna Levy, Christopher Norwood, Ernest Archuleta, Anthony Edwards, Laura Zoerner.New Summons Requested. (Swearingen, Richard)(smy1). (Entered: 02/09/2022)

Summons Issued re 81 . Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrm) (Entered: 02/10/2022)

NOTICE of Voluntary Dismissal by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner (Without Prejudice of Defendants State of California, Gavin Newsom, Kevin Faulconer, Michael Garcia, William Gore, Xavier Becerra, Jackie Burden, Craig Leff, Office of Assigned Counsel, and Sergeant Sipperly) (Swearingen, Richard) (smy1). (Entered: 02/11/2022)

NOTICE of Appearance by Christopher Thomas Grohman on behalf of Mid-America Health, Inc. (Grohman, Christopher)Attorney Christopher Thomas Grohman added to party Mid-America Health, Inc.(pty:dft)(jrm). (Entered: 02/16/2022)

Notice of Appearance by Mid-America Health, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Grohman, Christopher)(jrm). Updated docket text/event; QC Mailer sent re incorrectly filed PHV application on 2/18/2022 (jrm). (Entered: 02/16/2022)

1 Exhibit

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2 Exhibit

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CERTIFICATE OF SERVICE by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner re 83 Notice of Voluntary Dismissal, (Swearingen, Richard)(jrm). (Entered: 02/16/2022)

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Liberty Healthcare, Inc. served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Logan Haak, M.D., Inc. served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Mid-America Health, Inc. served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. San Diego County Probation Department served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. San Diego County Sheriff's Department served. (Swearingen, Richard)(smy1). (Entered: 02/18/2022)

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Correctional Healthcare Partners, Inc. served. (Swearingen, Richard)(smy1). (Entered: 02/18/2022)

NOTICE of Voluntary Dismissal by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner Without Prejudice of Defendant Tri-City Medical Center (Swearingen, Richard) (smy1). (Entered: 02/22/2022)

CERTIFICATE OF SERVICE by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner re 93 Notice of Voluntary Dismissal, (Swearingen, Richard)(smy1). (Entered: 02/24/2022)