Mou v. City of San Jose et al

Complaint against library for banning patron after altercation (allegedly by another).
Plaintiff:Chin-Li Mou
Defendant:City of San Jose and San Jose Public Library Education Park Branch
 
Case Number:5:2007cv05740
Filed:November 13, 2007
 
Court:California Northern District Court
Office:San Jose Office [ Court Info ]
County:Santa Clara
Presiding Judge:Magistrate Judge Richard Seeborg
 
Nature of Suit:Civil Rights - Other Civil Rights
Cause:28:1331 Fed. Question
Jurisdiction:Federal Question
Jury Demanded By:Defendant
Date Filed # Docket Text
November 13, 2007 1 COMPLAINT for Violation of Civil Rights, First, Eighth and Fourteenth Amendments of the United States Constitution (NO PROCES); IFPP; against City of San Jose, San Jose Public Library Education Park Branch. Filed by Chin-Li Mou. (bw, COURT STAFF) (Filed on 11/13/2007) (Entered: November 14, 2007)
November 13, 2007 2 Application to Proceed in forma pauperis filed by Chin-Li Mou. (bw, COURT STAFF) (Filed on 11/13/2007) (bw, COURT STAFF). (Entered: November 14, 2007)
November 13, 2007 3 ADR SCHEDULING ORDER: Case Management Statement due by 2/27/2008. Case Management Conference set for 3/5/2008 02:30 PM. (bw, COURT STAFF) (Filed on 11/13/2007) (Entered: November 14, 2007)
November 13, 2007   Summons Issued as to City of San Jose, San Jose Public Library Education Park Branch. (bw, COURT STAFF) (Filed on 11/13/2007) (Entered: November 19, 2007)
November 19, 2007 4 SUMMONS Returned Executed by Chin-Li Mou. San Jose Public Library Education Park Branch served on 11/14/2007, answer due 12/4/2007. (bw, COURT STAFF) (Filed on 11/19/2007) Additional attachment(s) added on 11/19/2007 (bw, COURT STAFF). (Entered: November 19, 2007)
November 19, 2007 5 Return of Service re ( 3 ) ADR Scheduling Order, ( 1 ) Complaint, by Chin-Li M( bw, COURT STAFF) (Filed on 11/19/2007) (Entered: November 19, 2007)
November 21, 2007 6 Request for Appointment of Counsel; Declaration in Suport of Request filed by Chin-Li Mou. (bw, COURT STAFF) (Filed on 11/21/2007) (bw, COURT STAFF). (Entered: November 27, 2007)
December 6, 2007 7 ANSWER to Plaintiff's Complaint for Violation of Civil Rights, First, Eight and Fourteenth Amendments of the United States Constitution ( 1 ; Jury Trial Demand by City of San Jose. (Burchfiel, Robert) (Filed on 12/6/2007) Text modified, linkage added on 12/7/2007 (bw, COURT STAFF). (Entered: December 6, 2007)
January 14, 2008 8 ORDER by Judge Richard Seeborg granting 2 Motion for Leave to Proceed in forma pauperis; denying 6 Motion to Appoint Counsel (rssec, COURT STAFF) (Filed on 1/14/2008) (Entered: January 14, 2008)
January 23, 2008 9 REQUEST for Appointment of Counsel Under 42 U.S.C. 1983; Declaration in Suport of Request by Chin-Li Mou. (bw, COURT STAFF) (Filed on 1/23/2008) (bw, COURT STAFF). (Entered: January 23, 2008)
February 7, 2008 10 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference continued to 4/2/2008 02:30 PM. Signed by Judge Richard Seeborg on 2/7/08. (rssec, COURT STAFF) (Filed on 2/7/2008) (Entered: February 7, 2008)
March 20, 2008 11 ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 3/20/2008) (Entered: March 20, 2008)
March 25, 2008 12 STIPULATION and Proposed Order selecting Early Neutral Evaluation by Chin-Li Mou, City of San Jose (Burchfiel, Robert) (Filed on 3/25/2008) (Entered: March 25, 2008)
March 25, 2008 13 ORDER REFERRING CASE to Early Neutral Evaluation. Signed by Judge Richard Seeborg on 3/25/08. (rssec, COURT STAFF) (Filed on 3/25/2008) (Entered: March 25, 2008)
March 26, 2008 14 CASE MANAGEMENT STATEMENT filed by Chin-Li Mou. (bw, COURT STAFF) (Filed on 3/26/2008) (Entered: March 26, 2008)
March 27, 2008 15 CASE MANAGEMENT CONFERENCE STATEMENT; and [Proposed] Order filed by City of San Jose. (Burchfiel, Robert) (Filed on 3/27/2008) Modified on 3/31/2008 (bw, COURT STAFF). (Entered: 03/27/2008)
March 27, 2008 16 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 3/27/2008) (Additional attachment(s) added on 3/27/2008: # 1 certificate of maling) (mpb, COURT STAFF). (Entered: March 27, 2008)
March 31, 2008 17 ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedings and Magistrate Judge Richard Seeborg for all discovery matters. Signed by The Executive Committee on 03/27/08. (tsh, COURT STAFF) (Filed on 3/31/2008) (Entered: March 31, 2008)
April 7, 2008 18 ADR Clerk's Notice Setting ADR Phone Conference on 4/15/2008 at 10:00 AM. ADR Unit will initiate the call. (cmf, COURT STAFF) (Filed on 4/7/2008) (Entered: April 7, 2008)
May 15, 2008 19 CASE MANAGEMENT STATEMENT and POS filed by Defendant. (Burchfiel, Robert) (Filed on 5/15/2008) (Entered: May 15, 2008)
May 20, 2008 20 ADR Clerk's Notice Appointing Carol Webster Millie as ENE Evaluator. (cmf, COURT STAFF) (Filed on 5/20/2008) (Entered: May 20, 2008)
May 30, 2008 21 CASE MANAGEMENT STATEMENT filed by Chin-Li Mou. (gm, COURT STAFF) (Filed on 5/30/2008) (Entered: June 2, 2008)
May 30, 2008 22 Minute Entry: Initial Case Management Conference held on 5/30/2008 before Judge Jeremy Fogel (Date Filed: 5/30/2008). The case is referred to the Federal Pro Bono Project. Further Case Management Conference set for 8/29/2008 10:30 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 5/30/2008) (Entered: June 2, 2008)
May 30, 2008 23 MOTION to Appoint Counsel filed by Chin-Li Mou. (dlm, COURT STAFF) (Filed on 5/30/2008) (Entered: June 4, 2008)
May 30, 2008 24 REFERRAL TO FEDERAL PRO BONO PROJECT re 23 MOTION to Appoint Counsel (dlm, COURT STAFF) (Filed on 5/30/2008) (Entered: 06/04/2008)
June 19, 2008   ADR Unit RECEIVED OBJECTIONS to 20 ADR Clerks Notice Appointing ENE Evaluator, Carol Webster Millie, by Chin-Li Mou. (cmf, COURT STAFF) (Filed on 6/19/2008) (Entered: June 19, 2008)
June 19, 2008   Copy of the File mailed, by certified mail, to Irene G. Cortez, Coordinator, Federal Pro Bono Project. (gm, COURT STAFF) (Filed on 6/19/2008) (Entered: June 19, 2008)
June 24, 2008 25 Letter from Chin-Li Mou. (gm, COURT STAFF) (Filed on 6/24/2008) (Entered: June 24, 2008)
July 8, 2008 26 ADR Clerk's Notice Vacating Appointment of Evaluator Carol Webster Millie. (cmf, COURT STAFF) (Filed on 7/8/2008) (Entered: July 8, 2008)
July 8, 2008 27 ORDER VACATING 13 REFERRAL TO ADR PROGRAM FOR EARLY NEUTRAL EVALUATION. Signed by Judge Jeremy Fogel on 7/8/08. (jflc2, COURT STAFF) (Filed on 7/8/2008) (Entered: July 8, 2008)
July 23, 2008 28 Letter from Chin-Li Mou. (gm, COURT STAFF) (Filed on 7/23/2008) (Entered: July 28, 2008)
August 13, 2008 29 CASE MANAGEMENT STATEMENT w/ POS filed by City of San Jose. (Burchfiel, Robert) (Filed on 8/13/2008) (Entered: August 13, 2008)
August 19, 2008 30 CASE MANAGEMENT STATEMENT filed by Chin-Li Mou. (gm, COURT STAFF) (Filed on 8/19/2008) (Entered: August 19, 2008)
August 29, 2008 31 NOTICE by City of San Jose Notice of Hearing (Burchfiel, Robert) (Filed on 8/29/2008) (Entered: August 29, 2008)
August 29, 2008 32 Minute Entry: Further Case Management Conference held on 8/29/2008 before Judge Jeremy Fogel (Date Filed: 8/29/2008). The case is referred to Magistrate Judge Seeborg for a discovery conference. Further Case Management Conference set for 10/10/2008 10:30 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 8/29/2008) (Entered: September 2, 2008)
September 16, 2008 33 NOTICE by City of San Jose re 31 Notice (Other) - Defendant City of San Jose's Discovery Plan w/ POS - (Burchfiel, Robert) (Filed on 9/16/2008) (Entered: September 16, 2008)
September 24, 2008 34 Minute Entry: Discovery Hearing not held on 9/24/2008 before Judge Richard Seeborg. No appearances in Court by either side (Date Filed: 9/24/2008). (not reported.) (mpb, COURT STAFF) (Date Filed: 9/24/2008) (Entered: September 25, 2008)
October 9, 2008 35 NOTICE by Chin-Li Mou, City of San Jose - Proposed Joint Discovery Plan and POS - (Burchfiel, Robert) (Filed on 10/9/2008) (Entered: October 9, 2008)
October 10, 2008 36 Minute Entry: Further Case Management Conference held on 10/10/2008 before Judge Jeremy Fogel (Date Filed: 10/10/2008). (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 10/10/2008) (Entered: October 15, 2008)
November 24, 2008 37 NOTICE of Appearance by Thomas R. Hogan of Pro Bono Counsel (Hogan, Thomas) (Filed on 11/24/2008) (Entered: November 24, 2008)
May 7, 2009 38 CLERKS NOTICE Further Case Management Conference set for 6/12/2009 10:30 AM. (dlm, COURT STAFF) (Filed on 5/7/2009) (Entered: May 7, 2009)
May 29, 2009 39 CASE MANAGEMENT STATEMENT JOINT CMC STATEMENT filed by Chin-Li Mou, City of San Jose. (Burchfiel, Robert) (Filed on 5/29/2009) (Entered: May 29, 2009)
June 12, 2009 40 Minute Entry: Further Case Management Conference held on 6/12/2009 before Judge Jeremy Fogel (Date Filed: 6/12/2009). The case is referred to Magistrate Judge Seeborg for settlement conference. Jury Trial set for 10/23/2009 01:30 PM. Pretrial Conference set for 10/16/2009 11:00 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 6/12/2009) (Entered: 06/18/2009)
June 18, 2009 41 Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 9/24/2009 09:30 AM. Signed by Judge Richard Seeborg on 6/18/09. (rslc2, COURT STAFF) (Filed on 6/18/2009) (Entered: June 18, 2009)
July 17, 2009 42 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment and Memorandum of Points and Authorities in Support filed by City of San Jose. Motion Hearing set for 8/28/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Burchfiel, Robert) (Filed on 7/17/2009) (Entered: July 17, 2009)
July 17, 2009 43 Declaration of Robert B. Burchfiel in Support of 42 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment and Memorandum of Points and Authorities in Support and Exhibit A filed byCity of San Jose. (Related document(s) 42 ) (Burchfiel, Robert) (Filed on 7/17/2009) (Entered: July 17, 2009)
July 17, 2009 44 Declaration of Ned Himmel in Support of 42 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment and Memorandum of Points and Authorities in Support with Exhibit A filed byCity of San Jose. (Related document(s) 42 ) (Burchfiel, Robert) (Filed on 7/17/2009) (Entered: July 17, 2009)
July 17, 2009 45 Declaration of Carol Frost in Support of 42 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment and Memorandum of Points and Authorities in Support with Exhibit A filed byCity of San Jose. (Related document(s) 42 ) (Burchfiel, Robert) (Filed on 7/17/2009) (Entered: July 17, 2009)
July 17, 2009 46 Declaration of Daisy Porter in Support of 42 MOTION for Summary Judgment Defendant's Notice of Motion for Summary Judgment and Memorandum of Points and Authorities in Support with Exhibits A-C filed byCity of San Jose. (Related document(s) 42 ) (Burchfiel, Robert) (Filed on 7/17/2009) (Entered: July 17, 2009)
August 10, 2009 47 AFFIDAVIT in Opposition to Defendant's 42 Motion for Summary Judgment filed byChin-Li Mou. (Hogan, Thomas) (Filed on 8/10/2009) Modified on 8/11/2009 (gm, COURT STAFF). (Entered: August 10, 2009)
August 10, 2009 48 DECLARATION of Chin-Li Mou in Support of 47 Opposition to Defendant's Motion for Summary Judgment filed byChin-Li Mou. (Hogan, Thomas) (Filed on 8/10/2009) Modified on 8/11/2009 (gm, COURT STAFF). (Entered: August 10, 2009)
August 17, 2009 49 Reply to Plaintiff's Opposition Defendant's Summary Judgment re ( 42 ) filed by City of San Jose. (Burchfiel, Robert) (Filed on 8/17/2009) Modified on 8/19/2009 linkage added (bw, COURT STAFF). (Entered: August 17, 2009)
August 26, 2009 50 CLERKS NOTICE The Motion For Summary Judgment set for 8/28/2009 is CONTINUED to 9/11/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. (jflc2, COURT STAFF) (Filed on 8/26/2009) (Entered: August 26, 2009)
August 31, 2009 51 CLERKS NOTICE The hearing on the Motion For Summary Judgment set for 9/11/2009 is CONTINUED to 9/25/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. (jflc2, COURT STAFF) (Filed on 8/31/2009) (Entered: August 31, 2009)
September 1, 2009 52 CLERKS NOTICE: Settlement Conference originally scheduled for 9/24/2009 has been re-scheduled for 10/16/2009 09:30 AM. (rslc2, COURT STAFF) (Filed on 9/1/2009) (Entered: September 1, 2009)
September 17, 2009 53 CLERKS NOTICE Pretrial Conference set for 10/16/2009 is reset for 10/9/2009 11:00 AM in Courtroom 3, 5th Floor, San Jose. (dlm, COURT STAFF) (Filed on 9/17/2009) (Entered: September 17, 2009)
September 25, 2009 54 Minute Entry: Motion Hearing held on 9/25/2009 before Judge Jeremy Fogel (Date Filed: 9/25/2009) re 42 MOTION for Summary Judgment. The motion is taken under submission. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 9/25/2009) (Entered: September 28, 2009)
September 29, 2009 55 ORDER GRANTING MOTION FOR SUMMARY JUDGMENT. Signed by Judge Jeremy Fogel on 9/29/2009. (jflc3, COURT STAFF) (Filed on 9/29/2009) (Entered: September 29, 2009)
September 29, 2009 56 JUDGMENT. Signed by Judge Jeremy Fogel on 9/29/2009. (jflc3, COURT STAFF) (Filed on 9/29/2009) (Entered: September 29, 2009)
October 8, 2009 57 BILL OF COSTS and Declaration of Robert Burchfiel In Support of Defendant's Bill of Cost with Exhibits by City of San Jose. (Burchfiel, Robert) (Filed on 10/8/2009) (Entered: 10/08/2009)
October 22, 2009 58 Costs Taxed in amount of $ 1029.90 against Chin-Li Mou. (srm, COURT STAFF) (Filed on 10/22/2009) (Entered: October 22, 2009)
Docket Report Last Checked: December 15, 2009 05:26:16 PST
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Plaintiff: Chin-Li Mou
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Defendant: City of San Jose
Represented By: Robert Baker Burchfiel
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Defendant: San Jose Public Library Education Park Branch
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