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Harrell v. Hornbrook Community Services District

United States District Court, E.D. California

August 1, 2016

PETER T. HARRELL, Plaintiff,
v.
HORNBROOK COMMUNITY SERVICES DISTRICT, MICHELLE HANSON, PATRICIA BROWN, SHARREL BARNES, ROBERT WINSTON, JULIE BOWLES, CLINT DINGMAN, ERNEST GOFF, ROGER GIFFORD, ROBERT PUCKETT, SR., HORNBROOK COMMUNITY BIBLE CHURCH, STEVEN CRITTENDEN, MURPHY PEARSON BRADLEY AND FEENEY, BRADLEY & FEENEY, INC., BASIC LABORATORY, INC., DUKE MARTIN, KISHER, WINTON & BOSTON, and Does 1-20, Respondents.

          ORDER

          GREGORY G. HOLLOWS, UNITED STATES MAGISTRATE JUDGE

         PROCEDURAL BACKGROUND

         This case was filed by Plaintiff on July 7, 2014. ECF No. 1. Plaintiff was granted In Forma Pauperis status on August 6, 2014, ECF No. 3, and has been acting in this matter pro se. Since that date the following matters have been calendared for hearing by the court:

         1. 8/21/14 Plaintiff’s Motion to Amend the Complaint. That ECF No. 6. Motion was denied without prejudice to its refiling if accompanied by the proposed Amended Complaint, on 8/29/14. ECF No. 7.

         2. 10/9/14 An Order to Show Cause was issued by the court directing plaintiff to show cause why the complaint should not be dismissed for failure to serve the named defendants. ECF No. 8.

         3. 10/30/14 Plaintiff responded to the Order by filing a Motion to Amend accompanied by his proposed First Amended Complaint. ECF No. 9.

         4. 12/5/14 The Order to Show Cause issued on 10/9/14 was discharged, and Plaintiff’s Motion to Amend was denied. The Clerk was directed to issue summonses on defendants named in the Order and the U.S. Marshal was directed to serve said summonses within 90 days. ECF No. 11.

         5. 2/23/15 Defendant Robert Winston moved to dismiss the complaint and strike state law claims. A hearing on the motion was set for 4/16/15. ECF No. 14.

         6. 3/25/15 Plaintiff moved for a 45 day extension of time to respond to the pending motion. ECF No. 18.

         7. 4/1/15 The court granted the plaintiff’s motion and vacated its calendar stating that the Motion would be recalendared if necessary after briefing was completed. ECF No. 20.

         8. 4/22/15 Defendants Barnes, Bowles, Brown, Dingman, Goff, Hanson, and Hornbrook Community Services District sought an extension of time to respond to the First Amended Complaint. ECF No. 23.

         9. 4/24/15 The defendants were granted an extension of time to respond making their response due on May 22, 2015. ECF No. 24.

         10. 4/28/15 Plaintiff requested Entry of Default against defendants Barnes, Bowles, Brown, Dingman, Hanson and Hornbrook Community Services District, filed his Opposition to the Motion to Dismiss and to Strike, objected to the extension of time to respond granted to defendants on 4/24/15. ECF No. 27.

         11. 5/8/15 The court ordered newly served defendants to pay the United States Marshal $316 each as the cost of service unless they could each individually show good cause for failing to waive personal service. ECF No. 32.

         12. 5/8/15 Defendant Robert Winston filed a Reply Memorandum relating to the pending Motion to Dismiss and to Strike. ECF No. 33.

         13. 5/22/15 the court issued an order that the pending Motion would be heard on 8/6/15.

         14. 5/22/15 The defendants responded to the courts 5/8/15 order to pay costs of service by showing they were exempt as a public agency and officials of that ...


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