Case: Urquidi v. City of Los Angeles

U.S. District Court for the Central District of California

U.S. District Court for the Central District of California

California state appellate court

U.S. District Court for the Central District of California

COMPLAINT Receipt No: ACACDC-35088198 - Fee: $402, filed by Plaintiff Phillip Urquidi. (Attorney Leslie Andrea Bailey added to party Phillip Urquidi(pty:pla))(Bailey, Leslie) (Entered: 04/05/2023)

CIVIL COVER SHEET filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/05/2023)

NOTICE of Related Case(s) filed by Plaintiff Phillip Urquidi. Related Case(s): 2:21-cv-06841-JGB-SP (Bailey, Leslie) (Entered: 04/05/2023)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/05/2023)

EX PARTE APPLICATION for Temporary Restraining Order as to precluding lien sale of Plaintiffs vehicle and ordering City of Los Angeles Defs to release Plaintiff's vehicle without payment of fines, fees, or other charges. filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/05/2023)

DECLARATION of Phillip Urquidi in support of EX PARTE APPLICATION for Temporary Restraining Order as to precluding lien sale of Plaintiffs vehicle and ordering City of Los Angeles Defs to release Plaintiff's vehicle without payment of fines, fees, or other charges. 5 filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/05/2023)

DECLARATION of Brian Hardingham in support of EX PARTE APPLICATION for Temporary Restraining Order as to precluding lien sale of Plaintiffs vehicle and ordering City of Los Angeles Defs to release Plaintiff's vehicle without payment of fines, fees, or other charges. 5 filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/05/2023)

NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Pedro V. Castillo. (jtil) (Entered: 04/05/2023)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 04/05/2023)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 04/05/2023)

DECLARATION of Charles Moore in support of EX PARTE APPLICATION for Temporary Restraining Order as to precluding lien sale of Plaintiffs vehicle and ordering City of Los Angeles Defs to release Plaintiff's vehicle without payment of fines, fees, or other charges. 5 filed by Plaintiff Phillip Urquidi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Bailey, Leslie) (Entered: 04/05/2023)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Charles Moore. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 04/05/2023)

NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil) (Entered: 04/05/2023)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/05/2023)

21 DAY Summons Issued re Complaint 1 as to defendants City of Los Angeles, City of Los Angeles Official Police Garage, City of Los Angeles Police Department, Jons Towing Inc., Michel R. Moore. (lom) (Entered: 04/06/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Brian D Olney counsel for Plaintiff Phillip Urquidi. Adding Brian Olney as counsel of record for Plaintiff Phillip Urquidi for the reason indicated in the G-123 Notice. Filed by Plaintiff Phillip Urquidi. (Attorney Brian D Olney added to party Phillip Urquidi(pty:pla))(Olney, Brian) (Entered: 04/07/2023)

RESPONSE filed by Defendant City of Los Angelesto Notice of Related Case(s) 3 (Persoff, Joseph) (Entered: 04/10/2023)

APPLICATION of Non-Resident Attorney Charles B. Moore to Appear Pro Hac Vice on behalf of Plaintiff Phillip Urquidi (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35107213) filed by Plaintiff Phillip Urquidi. (Attachments: # 1 Proposed Order Granting Application) (Olney, Brian) (Entered: 04/10/2023)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-06841 JGB(SPx). Case transferred from Magistrate Judge Pedro V. Castillo and Judge Maame Ewusi-Mensah Frimpong to Judge Jesus G. Bernal and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-02568 JGB(SPx). Signed by Judge Jesus G. Bernal. (aco) (Entered: 04/10/2023)

MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: (1) ORDERING Plaintiff to File Supplemental Response in Support of Ex Parte Application for Temporary Restraining Order (Dkt. No. 5) by April 12, 2023; and (2) ORDERING Defendant City of Los Angeles to Respond to Ex Parte Application for Temporary Restraining Order by April 12, 2023 5 . Plaintiff is ORDERED to file a response to the Courts questions outlined above by April 12, 2023. Defendant City of Los Angeles is ORDERED to file a response to the TRO by April 12, 2023. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 04/10/2023)

PROOF OF SERVICE Executed by Plaintiff Phillip Urquidi, upon Defendant City of Los Angeles Official Police Garage served on 4/11/2023, answer due 5/2/2023. Service of the Summons and Complaint were executed upon Michelle Greer, Assistant, authorized to accept service for Defendant City of Los Angeles Official Police Garage in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Olney, Brian) (Entered: 04/11/2023)

PROOF OF SERVICE Executed by Plaintiff Phillip Urquidi, upon Defendant City of Los Angeles Police Department served on 4/10/2023, answer due 5/1/2023. Service of the Summons and Complaint were executed upon Marisol Cortes, Deputy Clerk, authorized to accept service for Defendant City of Los Angeles Police Department in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Olney, Brian) (Entered: 04/11/2023)

PROOF OF SERVICE Executed by Plaintiff Phillip Urquidi, upon Defendant City of Los Angeles served on 4/10/2023, answer due 5/1/2023. Service of the Summons and Complaint were executed upon Ottavia S., Deputy Clerk, authorized to accept service for Defendant City of Los Angeles in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Olney, Brian) (Entered: 04/11/2023)

PROOF OF SERVICE Executed by Plaintiff Phillip Urquidi, upon Defendant Michel R. Moore served on 4/10/2023, answer due 5/1/2023. Service of the Summons and Complaint were executed upon Julio Sandoval, Administrative Clerk, authorized to accept service for Defendant Michel R. Moore in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Olney, Brian) (Entered: 04/11/2023)

Joint STIPULATION to Continue Deadline to File Responses to the Court's Minute Order of April 10th from April 12, 2023 to April 18, 2023 Re: Minutes of In Chambers Order/Directive - no proceeding held,, 20 filed by Plaintiff Phillip Urquidi. (Attachments: # 1 Proposed Order)(Bailey, Leslie) (Entered: 04/12/2023)

SUPPLEMENT to EX PARTE APPLICATION for Temporary Restraining Order as to precluding lien sale of Plaintiffs vehicle and ordering City of Los Angeles Defs to release Plaintiff's vehicle without payment of fines, fees, or other charges. 5 filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/12/2023)

ORDER by Judge Jesus G. Bernal, Granting Stipulation to Continue Deadline to File Responses to the Court's Minute Order of April 10th 25 . ORDERED, that Defendants deadline to respond to Plaintiffs Ex Parte Application for a Temporary Restraining Order (TRO, Dkt. No. 5) is extended to April 18, 2023; and it is further ORDERED, that Plaintiffs deadline to file a supplemental response in support of the TRO is extended to April 18, 2023. (twdb) (Entered: 04/13/2023)

Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to precluding lien sale of Plaintiffs vehicle and ordering City of Los Angeles Defs to release Plaintiff's vehicle without payment of fines, fees, or other charges. 5 filed by Defendants City of Los Angeles, City of Los Angeles Police Department, Michel R. Moore. (Attachments: # 1 Declaration of Reynaldo Martinez, # 2 Request for Judicial Notice)(Attorney Gabriel Seth Dermer added to party City of Los Angeles(pty:dft), Attorney Gabriel Seth Dermer added to party City of Los Angeles Police Department(pty:dft), Attorney Gabriel Seth Dermer added to party Michel R. Moore(pty:dft))(Dermer, Gabriel) (Entered: 04/18/2023)

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SUPPLEMENT to EX PARTE APPLICATION for Temporary Restraining Order as to precluding lien sale of Plaintiffs vehicle and ordering City of Los Angeles Defs to release Plaintiff's vehicle without payment of fines, fees, or other charges. 5 filed by Plaintiff Phillip Urquidi. (Attachments: # 1 Declaration Declaration of Charles Moore, # 2 Exhibit A, # 3 Exhibit B)(Bailey, Leslie) (Entered: 04/18/2023)

MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: Minute Order (1) ORDERING Defendants Counsel to Immediately Contact Jons Towing; and (2) ORDERING Plaintiff to File Reply and/or Parties to File Stipulation Indicating TRO is Moot by April 24, 2023. In the alternative, if Mr. Urquidis vehicle is released, the parties are ORDERED to file a stipulation indicating that the TRO is moot by the same day. re: 5 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 04/19/2023)

Joint STIPULATION for Order Denying Plaintiff's Application for Ex Parte TRO As Moot filed by Plaintiff Phillip Urquidi. (Attachments: # 1 Proposed Order Denying Plaintiff's Application for Ex Parte TRO as Moot)(Bailey, Leslie) (Entered: 04/20/2023)

ORDER DENYING PLAINTIFF'S APPLICATION FOR EX PARTE TEMPORARY RESTRAINING ORDER AS MOOT (Dkt. No. 5 ) by Judge Jesus G. Bernal. (lom) (Entered: 04/21/2023)

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 04/21/2023)

ORDER by Judge Jesus G. Bernal: granting 18 Non-Resident Attorney Charles B Moore APPLICATION to Appear Pro Hac Vice on behalf of Phillip Urquidi, designating Brian D Olney as local counsel. (lom) (Entered: 04/21/2023)

NOTICE OF DISMISSAL filed by plaintiff Phillip Urquidi pursuant to FRCP 41a(1) as to City of Los Angeles Official Police Garage, Jons Towing Inc.. (Bailey, Leslie) (Entered: 04/25/2023)

NOTICE OF ERRATA filed by Plaintiff Phillip Urquidi. correcting Declaration (Motion related), 11 Exhibit A (Bailey, Leslie) (Entered: 04/25/2023)

Notice of Amended Exhibit A to the Declaration of Charles Moore (Dkt. No. 11-1) filed by plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 04/25/2023)

First AMENDED COMPLAINT against Defendants City of Los Angeles, Michel R. Moore amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Phillip Urquidi(Bailey, Leslie) (Entered: 05/01/2023)

Request for Clerk to Issue Summons on Amended Complaint/Petition 38 filed by Plaintiff Phillip Urquidi. (Olney, Brian) (Entered: 05/03/2023)

21 DAY Summons Issued re First Amended Complaint/Petition 38 as to Defendant Michel R. Moore. (twdb) (Entered: 05/04/2023)

PROOF OF SERVICE Executed by Plaintiff Phillip Urquidi, upon Defendant Michel R Moore served on 5/4/2023, answer due 5/25/2023. Service of the Summons and Complaint were executed upon Molly Stephens, Attorney, authorized to accept service for Defendant Michel R. Moore in his individual capacity in compliance with Federal Rules of Civil Procedure by personal service (Olney, Brian) (Entered: 05/04/2023)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Service of Summons and Complaint Returned Executed (21 days) 41 . The following error(s) was/were found: Judge's initials are incorrect. Correct initials are JGB(SPx). 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. (twdb) (Entered: 05/05/2023)

STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition 38 filed by Defendants City of Los Angeles, Michel R Moore. (Attachments: # 1 Proposed Order)(Attorney Molly C Stephens added to party City of Los Angeles(pty:dft), Attorney Molly C Stephens added to party Michel R Moore(pty:dft))(Stephens, Molly) (Entered: 05/09/2023)

ORDER by Judge Jesus G. Bernal, Granting Stipulation for Extension of Time For The City of Los Angeles to Respond to the First Amended Complaint 43 . Extended by 10 days, from May 15, 2023 to May 25, 2023, such that the deadline to respond to the First Amended Complaint for both the City of Los Angeles and Michel R. Moore, constituting all remaining defendants, shall be May 25, 2023. (twdb) (Entered: 05/16/2023)

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants City of Los Angeles, Michel R Moore. Motion set for hearing on 6/26/2023 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum of Points and Authorities) (Stephens, Molly) (Entered: 05/25/2023)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 45 filed by Defendants City of Los Angeles, Michel R Moore. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Stephens, Molly) (Entered: 05/25/2023)

[PROPOSED] ORDER re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 45 filed by Defendants City of Los Angeles, Michel R Moore. (Stephens, Molly) (Entered: 05/25/2023)

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 45 filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 06/05/2023)

REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 45 filed by Defendants City of Los Angeles, Michel R Moore. (Stephens, Molly) (Entered: 06/12/2023)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 45 (Supplemental) filed by Defendants City of Los Angeles, Michel R Moore. (Attachments: # 1 Exhibit M, # 2 Exhibit N)(Stephens, Molly) (Entered: 06/12/2023)

EX PARTE APPLICATION for Temporary Restraining Order as to Ordering Release of Plaintiff's Vehicle filed by plaintiff Phillip Urquidi. (Attachments: # 1 Proposed Order Proposed TRO Order, # 2 Proposed Order to Show Cause) (Moore, Charles) (Entered: 06/13/2023)

DECLARATION of Charles Moore In Support Of EX PARTE APPLICATION for Temporary Restraining Order as to Ordering Release of Plaintiff's Vehicle 51 filed by Plaintiff Phillip Urquidi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Moore, Charles) (Entered: 06/13/2023)

OPPOSITION to re: EX PARTE APPLICATION for Temporary Restraining Order as to Ordering Release of Plaintiff's Vehicle 51 filed by Defendants City of Los Angeles, Michel R Moore. (Attachments: # 1 Proposed Order)(Stephens, Molly) (Entered: 06/14/2023)

DECLARATION of Molly Stephens in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Ordering Release of Plaintiff's Vehicle 51 filed by Defendants City of Los Angeles, Michel R Moore. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stephens, Molly) (Entered: 06/14/2023)

REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to Ordering Release of Plaintiff's Vehicle 51 filed by Plaintiff Phillip Urquidi. (Attachments: # 1 Declaration of Charles Moore, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Moore, Charles) (Entered: 06/16/2023)

NOTICE OF FACTS NOT DISCLOSED BY PLAINTIFF IN TRO re EX PARTE APPLICATION for Temporary Restraining Order as to Ordering Release of Plaintiff's Vehicle 51 filed by Defendants City of Los Angeles, Michel R Moore. (Stephens, Molly) (Entered: 06/16/2023)

MINUTES OF ORDER (1) DENYING PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER (DKT. NO. 51) AND (2) ORDERING PARTIES TO MEET AND CONFER (IN CHAMBERS) by Judge Jesus G. Bernal. For the reasons above, the Court DENIES the Second TRO WITHOUT PREJUDICE. The parties are ORDERED to meet and confer by June 23, 2023. They shall file a joint status report and/or stipulation indicating they have resolved the issues raised by the Second TRO, or explaining why they are unable to do so, by June 26, 2023. (See document for further details).; denying 51 EX PARTE APPLICATION for Temporary Restraining Order. (aco) (Entered: 06/20/2023)

SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. On the Court's own motion, the hearing on the Motion to Dismiss (Dkt. No. 45 ), is hereby CONTINUED from June 26, 2023, to July 10, 2023, at 9:00 a.m. before Judge Jesus G. Bernal. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY (Entered: 06/23/2023)

Text Only Scheduling Notice

STATUS REPORT filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 06/26/2023)

STATUS REPORT filed by Plaintiff Phillip Urquidi. (Bailey, Leslie) (Entered: 06/30/2023)

[WITHDRAWN PURSUANT TO #62] REQUEST for Order for to Attend Hearing Remotely via Telephone or Zoom filed by plaintiff Phillip Urquidi. Request set for hearing on 7/10/2023 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order) (Moore, Charles) Modified on 7/10/2023 (twdb). (Entered: 07/07/2023)

Notice of Withdrawal of Motion for Order 61 filed by plaintiff Phillip Urquidi. (Moore, Charles) (Entered: 07/07/2023)

MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: (1) DENYING AS MOOT Defendants Motion to Dismiss (Dkt. No. 45); and (2) CLOSING Case 45 . All previously set deadlines and dates are hereby VACATED. (MD JS-6. Case Terminated) (twdb) (Entered: 07/07/2023)

STIPULATION to Continue Deadline to File Motion to Reopen Case or File Notice of Dismissal from August 4, 2023 to October 3, 2023 filed by plaintiff Phillip Urquidi. (Attachments: # 1 Proposed Order)(Moore, Charles) (Entered: 08/03/2023)

ORDER by Judge Jesus G. Bernal, Granting Stipulation to Extend Deadline to File Motion to Reopen Case or File Notice of Dismissal 64 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 08/29/2023)

Notice of Dismissal of Claims as to Defendants City of Los Angeles and Michel R. Moore filed by plaintiff Phillip Urquidi. (Moore, Charles) (Entered: 09/08/2023)