Ruben v. GEO Group

COMPLAINT (FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES; DEMAND FOR JURY TRIAL) against Defendants by IVAN OLIVA SIERRA, SALESH PRASAD, EDGAR SANCHEZ, ADAN CASTILLO MERINO, PEDRO J FIGUEROA PADILLA, ISAAC CARDONA HERNANDEZ, JOSE R HERNANDEZ GOMEZ, FIDEL GARCIA, GUILLERMO MEDINA REYES. (Filing fee $ 402, receipt number ACAEDC-10327450) (Galvan, Ernest) (Entered: 07/13/2022)

CLERK'S NOTICE to Attorney Ernest Galvan re 1 Complaint: Under Local Rule 200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Sant Agata, S) (Entered: 07/14/2022)

CIVIL COVER SHEET by ISAAC CARDONA HERNANDEZ, ADAN CASTILLO MERINO, PEDRO J FIGUEROA PADILLA, FIDEL GARCIA, JOSE R HERNANDEZ GOMEZ, GUILLERMO MEDINA REYES, IVAN OLIVA SIERRA, SALESH PRASAD, EDGAR SANCHEZ (Galvan, Ernest) (Entered: 07/14/2022)

NOTICE of APPEARANCE by Priya Arvind Patel on behalf of ISAAC CARDONA HERNANDEZ, ADAN CASTILLO MERINO, PEDRO J FIGUEROA PADILLA, FIDEL GARCIA, JOSE R HERNANDEZ GOMEZ, GUILLERMO MEDINA REYES, IVAN OLIVA SIERRA, SALESH PRASAD, EDGAR SANCHEZ. Attorney Patel, Priya Arvind added. (Patel, Priya) (Entered: 07/14/2022)

NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Erica P. Grosjean* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(EPG)* (Maldonado, C) (Entered: 07/14/2022)

SUMMONS ISSUED as to *The GEO Group, Inc.* with answer to complaint due within *21* days. Attorney *Ernest Galvan* *Rosen Bien Galvan & Grunfeld LLP* *101 Mission Street, 6th Floor* *San Francisco, CA 94105-1738*. (Maldonado, C) (Entered: 07/14/2022)

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/1/2022 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: # 1 Appendix A(m), # 2 BAK Worksheet, # 3 Consent Form, # 4 VDRP) (Maldonado, C) (Entered: 07/14/2022)

SUMMONS RETURNED EXECUTED: The GEO Group, Inc. served on 7/28/2022, answer due 8/18/2022. (Galvan, Ernest) (Entered: 08/02/2022)

STIPULATION re 8 Summons Returned Executed, 1 Complaint, FOR EXTENSION OF TIME OF 28 DAYS FOR DEFENDANT TO FILE RESPONSIVE PLEADING by The GEO Group, Inc.. Attorney Coleman, Susan Eileen added. (Coleman, Susan) (Entered: 08/03/2022)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The GEO Group, Inc. for attorney Joseph Negron, Jr. to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10420242) (Coleman, Susan) (Entered: 09/02/2022)

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The GEO Group, Inc. for attorney Wayne H. Calabrese to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10420290) (Coleman, Susan) (Entered: 09/02/2022)

ORDER GRANTING 10 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 09/06/2022. Added attorney Joseph Negron, Jr., PHV for The GEO Group, Inc.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C) (Entered: 09/07/2022)

ORDER GRANTING 11 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 09/06/2022. Added attorney Wayne H. Calabrese, PHV for The GEO Group, Inc.. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C) (Entered: 09/07/2022)

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Galvan, Ernest) (Entered: 09/13/2022)

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Ana de Alba and BakersfieldMJ. The new case number is: 1:22-cv-00868-ADA-BAK/EPG. (Sant Agata, S) (Entered: 09/14/2022)

MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 10/24/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Request for Judicial Notice)(Coleman, Susan) (Entered: 09/15/2022)

MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 9/16/2022: As a Motion to Dismiss has been noticed for hearing before the District Judge on 10/24/2022, document 16, the Court vacates the Scheduling Conference set for 11/1/2022 before Magistrate Judge Erica P. Grosjean. Within ten days after the issuance of the ruling on the Motion to Dismiss, should the matter go forward, the parties are directed to contact Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Rooney, M) (Entered: 09/16/2022)

~Util - 1 Terminate Deadlines and Hearings AND Minute Order

MINUTE ORDER signed by District Judge Ana de Alba on 9/19/2022: (Text Only Entry) On September 15, 2022, defendant filed a 16 motion to dismiss plaintiff's 1 complaint for lack of subject matter jurisdiction and for failing to state a claim. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.) The 16 motion to dismiss that defendant filed contains no such declaration. Therefore, the motion is denied without prejudice. If, after meeting and conferring, defendant still wishes to file a motion to dismiss, that motion shall be filed no later than five (5) court days following the date of signature on this order. The parties are advised to first consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions prior to filing any motions. (Hernandez, M) (Entered: 09/19/2022)

MOTION to STAY by The GEO Group, Inc.. Motion Hearing set for 10/24/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration S. Coleman, # 2 Exhibits A-C)(Coleman, Susan) (Entered: 09/19/2022)

Minute Order

MINUTE ORDER signed by District Judge Ana de Alba on 9/20/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed Motion to Stay [#19] will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) (Entered: 09/20/2022)

Minute Order

MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 10/31/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration S. Coleman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Coleman, Susan) (Entered: 09/21/2022)

MINUTE ORDER signed by District Judge Ana de Alba on 9/22/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed Motion to Dismiss 21 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) (Entered: 09/22/2022)

Minute Order

OPPOSITION by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to 19 Motion to Stay. (Attachments: # 1 Declaration of Jessica Winter)(Winter, Jessica) (Entered: 10/03/2022)

FIRST AMENDED COMPLAINT against The GEO Group, Inc. by Oliva Sierra Ivan, Salesh Prasad, Edgar Sanchez, Adan Castillo Merino, Pedro Jesus Figueroa Padilla, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Fidel Garcia, Guillermo Medina Reyes.(Winter, Jessica) (Entered: 10/04/2022)

ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of Magistrate Judge Christopher D. Baker to the bench of the Eastern District of California, the court hereby reassigns this case from Bakersfield Magistrate Judge (BAK) to Magistrate Judge Christopher D. Baker for all further proceedings. (Marrujo, C) (Entered: 10/06/2022)

NOTICE of APPEARANCE by Benjamin Hattem on behalf of Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Attorney Hattem, Benjamin added. (Hattem, Benjamin) (Entered: 10/06/2022)

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Coleman, Susan) (Entered: 10/11/2022)

REPLY by The GEO Group, Inc. to RESPONSE to 19 Motion to Stay. (Coleman, Susan) (Entered: 10/13/2022)

MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 11/28/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Coleman, Susan) (Entered: 10/18/2022)

NOTICE of ERRATA by The GEO Group, Inc. re 29 MOTION to DISMISS.. (Attachments: # 1 Motion to Dismiss First Amended Complaint, # 2 Declaration S. Coleman)(Coleman, Susan) (Entered: 10/19/2022)

MINUTE ORDER signed by District Judge Ana de Alba on 10/28/2022: (Text Only Entry) On October 18, 2022, Defendant filed a 29 Motion to Dismiss. On October 19, 2022, Defendant filed a 30 Notice of Errata with an attached Motion to Dismiss and Declaration. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.). The 29 Motion to Dismiss does not contain a declaration regarding efforts to meet and confer. Therefore, it will be denied without prejudice. Motions before this Court should be filed as separate docket entries. Therefore, Defendant is instructed to re-file the Motion to Dismiss included as an attachment to 30 Notice of Errata as a separate docket entry. The Motion to Dismiss as an attachment to 30 will not be considered.(Hernandez, M) (Entered: 10/28/2022)

Minute Order

MOTION to DISMISS by The GEO Group, Inc.. Motion Hearing set for 11/28/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration S. Coleman)(Coleman, Susan) (Entered: 10/29/2022)

MINUTE ORDER signed by District Judge Ana de Alba on 10/31/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed 32 motion to dismiss will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency. (Hernandez, M) (Entered: 10/31/2022)

MINUTE ORDER signed by District Judge Ana de Alba on 10/31/2022: (Text Only Entry) Plaintiff filed a 24 First Amended Complaint ("FAC") on October 4, 2022, which is within twenty-one days from the date Defendant filed its 21 motion to dismiss. Therefore, the FAC was timely under Federal Rule of Civil Procedure 15(a)(1)(B). See Fed. R. Civ. P. 15(a)(1)(B). Because the FAC was timely filed, the FAC is the operative complaint, and the original complaint is now non-existent and performs no function in this case. Ramirez v. Cnty. of San Bernardino, 806 F.3d. 1002, 1008 (9th Cir. 2015). Because Defendant's 21 motion to dismiss is attacking a now non-existent complaint, the 21 motion is moot. Id. (Hernandez, M) (Entered: 10/31/2022)

Minute Order

OPPOSITION by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to 32 Motion to Dismiss. (Attachments: # 1 Appendix Menocal Order on Motions for Summary Judgment)(Hattem, Benjamin) (Entered: 11/08/2022)

MOTION to AMEND the 24 Amended Complaint, by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Motion Hearing set for 12/19/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Declaration of Jessica Winter, # 2 Exhibit, # 3 Proposed Order)(Winter, Jessica) (Entered: 11/08/2022)

REQUEST for JUDICIAL NOTICE by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez in re 35 Opposition to Motion, 36 Motion to Amend the Complaint/Petition,. (Attachments: # 1 Exhibit)(Hattem, Benjamin) (Entered: 11/08/2022)

CERTIFICATE / PROOF of SERVICE by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. (Winter, Jessica) (Entered: 11/09/2022)

NOTICE of APPEARANCE by Trevor Kosmo on behalf of Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez. Attorney Kosmo, Trevor added. (Kosmo, Trevor) (Entered: 11/14/2022)

STIPULATION and PROPOSED ORDER for To Stay Briefing on Defendant's Motion to Dismiss Pending a Ruling on Plaintiff's Motion to Amend the Complaint re 32 MOTION to DISMISS, 36 MOTION to AMEND the 24 Amended Complaint, by The GEO Group, Inc.. (Attachments: # 1 Proposed Order)(Coleman, Susan) (Entered: 11/14/2022)

ORDER on Stipulation 40 Staying Briefing on Defendant's Motion to Dismiss Pending a Ruling on Plaintiff's Motion to Amend the Complaint, signed by Magistrate Judge Christopher D. Baker on 11/15/2022. (Hall, S) (Entered: 11/15/2022)

OPPOSITION by The GEO Group, Inc. to 36 Motion to Amend the Complaint/Petition,. (Coleman, Susan) (Entered: 11/22/2022)

REPLY by Pedro Jesus Figueroa Padilla, Fidel Garcia, Isaac Cardona Hernandez, Jose Ruben Hernandez Gomez, Oliva Sierra Ivan, Adan Castillo Merino, Salesh Prasad, Guillermo Medina Reyes, Edgar Sanchez to RESPONSE to 36 Motion to Amend the Complaint/Petition,. (Winter, Jessica) (Entered: 12/02/2022)

MINUTE ORDER signed by District Judge Ana de Alba on 12/13/2022: (Text Only Entry) *The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed Motion to Amend the Amended Complaint 36 will be decided on the papers and has been taken under submission by the assigned magistrate judge. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience.(Hernandez, M) (Entered: 12/13/2022)

Minute Order

ORDER GRANTING 36 MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT. IT IS HEREBY ORDERED: 1. Plaintiffs' motion for leave to file a second amended complaint (ECF No. 36 ) is GRANTED; and, 2. Within seven days of entry of this Order, Plain tiffs shall file a second amended complaint electronically as a standalone docket entry in this case. Upon filing, the second amended complaint will become the operative complaint in this action. Order signed by Magistrate Judge Christopher D. Baker on 12/16/2022. (Apodaca, P)

Amended Complaint

Dismiss

Minute Order

Opposition to Motion