Case details

Court: cacd
Docket #: 5:13-cv-00673
Case Name: Jonathan Birdt v. San Bernardino Sheriffs Department
PACER case #: 559410
Date filed: 2013-04-12
Assigned to: Judge Virginia A. Phillips
Referred to: Magistrate Judge John E. McDermott
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jonathan Birdt
Plaintiff
Jonathan Wesley Birdt
Law Office of Jonathan W Birdt 10315 Woodley Avenue Suite 208 Granada Hills, CA 91344 818-400-4485 Fax: 818-428-1384 Email: jon@jonbirdt.com
ATTORNEY TO BE NOTICED

San Bernardino Sheriffs Department
Defendant
Algeria R Ford
San Bernardino County Counsel 385 North Arrowhead Avenue 4th Floor San Bernardino, CA 92415-0140 909-387-5455 Fax: 909-387-4069 Email: Algeria.Ford@cc.sbcounty.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paymon Bidari
San Bernardino County Counsel 385 North Arrowhead Avenue, 4th Floor San Bernardino, CA 92415-0140 909-387-5146 Email: pbidari@cc.sbcounty.gov
TERMINATED: 12/23/2013 ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-04-12 1 0 COMPLAINT against Defendant San Bernardino Sheriffs Department. Case assigned to Judge Virginia A. Phillips for all further proceedings. Discovery referred to Magistrate Judge David T Bristow. (Filing fee $ 350.00 paid) Jury Demanded, filed by plaintiff Jonathan Birdt.(adu) (Entered: 04/15/2013)
2013-04-12 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Jonathan Birdt. (adu) (Entered: 04/15/2013)
2013-04-12 3 0 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(adu) (Entered: 04/15/2013)
2013-04-16 4 0 STANDING ORDER by Judge Virginia A. Phillips. (ad) (Entered: 04/16/2013) 2014-05-12 23:05:13 8f9f7dcdf84a2da85a0975210fd1c1f228b1cdfc
2013-04-18 5 0 NOTICE OF REFERENCE to United States Magistrate Judge John E. McDermott. (ad) (Entered: 04/19/2013)
2013-04-26 6 0 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P. Rule 12(b)(6) filed by Defendant San Bernardino Sheriffs Department. Motion set for hearing on 6/10/2013 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order)(Bidari, Paymon) (Entered: 04/26/2013)
2013-04-26 7 0 NOTICE of Related Case(s) filed by Defendant San Bernardino Sheriffs Department. Related Case(s): LA CV10-08377 JAK (JEMx) (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Bidari, Paymon) (Entered: 04/26/2013)
2013-04-26 8 0 Certificate of Interested Parties filed by Defendant San Bernardino Sheriffs Department, identifying Insurance Company of the State of Pennsylvania. (Bidari, Paymon) (Entered: 04/26/2013)
2013-04-26 9 0 REQUEST FOR JUDICIAL NOTICE (IN SUPPORT OF F.R.C.P. RULE 12(b)(6)) filed by Defendant San Bernardino Sheriffs Department. (Attachments: # 1 Exhibit)(Bidari, Paymon) (Entered: 04/26/2013)
2013-04-29 10 0 MEMORANDUM in Opposition to MOTION to Dismiss Case Pursuant to F.R.C.P. Rule 12(b)(6) 6 filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 04/29/2013)
2013-04-30 11 0 NOTICE OF MOTION re MOTION to Dismiss Case Pursuant to F.R.C.P. Rule 12(b)(6) 6 filed by Defendant San Bernardino Sheriffs Department. Motion set for hearing on 6/11/2013 at 10:00 AM before Magistrate Judge John E. McDermott. (Bidari, Paymon) (Entered: 04/30/2013)
2013-04-30 12 0 NOTICE OF ERRATA filed by Defendant San Bernardino Sheriffs Department. correcting MOTION to Dismiss Case Pursuant to F.R.C.P. Rule 12(b)(6) 6 (Bidari, Paymon) (Entered: 04/30/2013)
2013-05-01 13 0 REPLY to Opposition to Motion to Dismiss filed by Defendant San Bernardino Sheriffs Department. (Bidari, Paymon) (Entered: 05/01/2013)
2013-05-06 14 0 OPPOSITION to MOTION to Dismiss Case Pursuant to F.R.C.P. Rule 12(b)(6) 6 As Amended by Defendant filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 05/06/2013)
2013-05-06 15 0 RESPONSE filed by Plaintiff Jonathan Birdtto Request for Judicial Notice 9 , Notice of Related Case(s) 7 (Attachments: # 1 Exhibit Emails)(Birdt, Jonathan) (Entered: 05/06/2013)
2013-05-06 16 0 TEXT ONLY ENTRY by Magistrate Judge John E. McDermott, Defendant's Motion to Dismiss previously scheduled for June 11, 2013 10:00 a.m. has been VACATED. Oral argument is not required a written ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY (Entered: 05/06/2013)
2013-09-04 17 0 REQUEST for Ruling Motion to Dismiss filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 09/04/2013)
2013-09-30 18 0 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John E. McDermott. Objections to R&R due by 10/20/2013. (Attachments: # 1 Report and Recommendation) (jy) (Entered: 09/30/2013)
2013-09-30 19 0 REPORT AND RECOMMENDATION issued by Magistrate Judge John E. McDermott. Re MOTION to Dismiss Case Pursuant to F.R.C.P. Rule 12(b)(6) 6 . (jy) (Entered: 09/30/2013)
2013-10-22 20 0 NOTICE of Manual Filing filed by Plaintiff Jonathan Birdt of First Amended Complaint. (Attachments: # 1 Supplement First Amended Complaint)(Birdt, Jonathan) (Entered: 10/22/2013)
2013-10-31 21 0 ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Virginia A. Phillips 6 , 17 . IT IS HEREBY ORDERED that: (1) Defendants' Motion to Dismiss is denied; (2) Plaintiff's Complaint is dismissed, with leave to amend; and (3) Plaintiff may file a First Amended Complaint within thrity (30) days of this Order. (san) (Entered: 11/05/2013)
2013-11-05 22 0 MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott re ORDER DIRECTING CLERK TO FILE IN FIRST AMENDED COMPLAINT 20 , 21 . Pursuant to the Court's order of October 31, 2013, the amended complaint lodged on October 22, 2013, is ordered filed as of the date of this Order. (san) (Entered: 11/05/2013)
2013-11-05 23 0 FIRST AMENDED COMPLAINT against Defendant San Bernardino Sheriffs Department amending Complaint - 1 filed by PLAINTIFF Jonathan Birdt. (san) (Entered: 11/05/2013)
2013-11-05 24 0 21 DAY Summons Issued re Amended Complaint 23 as to Defendant San Bernardino Sheriffs Department. (san) (Entered: 11/05/2013)
2013-11-08 25 0 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) filed by Defendant San Bernardino Sheriffs Department. Motion set for hearing on 1/7/2014 at 10:00 AM before Magistrate Judge John E. McDermott. (Bidari, Paymon) (Entered: 11/08/2013)
2013-11-08 26 0 MEMORANDUM in Opposition to MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) 25 , MOTION to Dismiss Case Pursuant to F.R.C.P. Rule 12(b)(6) 6 filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 11/08/2013)
2013-12-05 27 0 REPLY in support of MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) 25 filed by Defendant San Bernardino Sheriffs Department. (Bidari, Paymon) (Entered: 12/05/2013)
2013-12-23 28 0 Notice of Appearance or Withdrawal of Counsel: for attorney Algeria R Ford counsel for Defendant San Bernardino Sheriffs Department. Paymon Z. Bidari is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant San Bernardino Sheriff's Department. (Attorney Algeria R Ford added to party San Bernardino Sheriffs Department(pty:dft))(Ford, Algeria) (Entered: 12/23/2013)
2013-12-23 29 0 Notice of Appearance or Withdrawal of Counsel: for attorney Algeria R Ford counsel for Defendant San Bernardino Sheriffs Department. Adding Algeria R. Ford as attorney as counsel of record for Defendant for the reason indicated in the G-123 Notice. Filed by Defendant San Bernardino Sheriff's Department. (Ford, Algeria) (Entered: 12/23/2013)
2014-01-02 30 0 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) 25 . The hearing set for January 7, 2014 is hereby vacated. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY (Entered: 01/02/2014)
2014-01-02 31 0 NOTICE of Decision: Supplemental Authorities filed by Plaintiff Jonathan Birdt. (Attachments: # 1 Exhibit Chovan, # 2 Exhibit Silvester)(Birdt, Jonathan) (Entered: 01/02/2014)
2014-02-24 32 0 EX PARTE APPLICATION for Temporary Restraining Order as to Issuance of Permit to Exercise a Right Ex Parte Application filed by Plaintiff Jonathan Birdt. (Attachments: # 1 Letter Re Notice, # 2 Exhibit Peruta Decision)(Birdt, Jonathan) (Entered: 02/24/2014)
2014-02-25 33 0 Opposition Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Issuance of Permit to Exercise a Right Ex Parte Application 32 and to Set Hearing on a Preliminary Injunction; Declaration of S. Hendrix filed by Defendant San Bernardino Sheriffs Department. (Ford, Algeria) (Entered: 02/25/2014)
2014-02-26 34 0 REPLY in support of ex parte EX PARTE APPLICATION for Temporary Restraining Order as to Issuance of Permit to Exercise a Right Ex Parte Application 32 filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 02/26/2014)
2014-02-25 35 0 MINUTES (IN CHAMBERS) ORDER by Judge Virginia A. Phillips DENYING 32 Ex Parte Application for Temporary Restraining Order and to Set Hearing on a Preliminary Injunction: (see document image for specifics). IT IS SO ORDERED. (ad) (Entered: 02/26/2014)
2014-03-11 36 0 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Issuance of Permit .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need immediate judicial review, please call 213-894-2485 to advise that a Preliminary Injunction has been electronically filed. Failure to call the courtroom deputy, or the after hours filing contact number, may result in a delay of judicial review. Motion filed by Plaintiff Jonathan Birdt. Motion set for hearing on 3/31/2014 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Exhibit Richards Memorandum)(Birdt, Jonathan) (Entered: 03/11/2014)
2014-03-12 37 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Preliminary Injunction re Issuance of Permit 36 . The following error(s) was found: Hearing information is not timely. Other error(s) with document(s): The next available motion date is 4/14/2014 at 2:00 PM, Courtroom 2. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (adu) (Entered: 03/12/2014)
2014-03-12 38 0 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically Filed Documents (G-112) 37 . The hearing date has been rescheduled to 4/14/2014 at 2:00 PM. (adu) (Entered: 03/12/2014)
2014-03-19 39 0 Opposition to Plaintiff's Motion for Preliminary Injunction Requiring the Sheriff to Show Cause as to Why He Refuses to Issue a Permit Necessary to Exercise a Fundamental Right; and, Declaration of Algeria R. Ford Opposition to re: MOTION for Preliminary Injunction re Issuance of Permit .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend 36 filed by Defendant San Bernardino Sheriffs Department. (Ford, Algeria) (Entered: 03/19/2014) 2014-05-12 22:58:14 0c91f58e88ade3d36f227d1fd4d8f0857e6c987c
2014-03-19 40 0 DECLARATION of Algeria R. Ford re Objection/Opposition (Motion related),, 39 Request for Sanctions Against Plaintiff filed by Defendant San Bernardino Sheriffs Department. (Ford, Algeria) (Entered: 03/19/2014)
2014-03-20 41 0 REPLY in support of MOTION for Preliminary Injunction re Issuance of Permit .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend 36 filed by Plaintiff Jonathan Birdt. (Attachments: # 1 Exhibit Baker Decision)(Birdt, Jonathan) (Entered: 03/20/2014)
2014-04-04 42 0 MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 36), AND VACATING APRIL 14, 2014 HEARING by Judge Virginia A. Phillips re: 36 Motion for Preliminary Injunction. (See document for specifics) (mrgo) (Entered: 04/07/2014)
2014-05-07 43 0 REQUEST for Ruling Second Motion to Dismiss filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 05/07/2014)
2014-05-07 44 0 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiffs' First Amended Complaint filed by Plaintiff Jonathan Birdt. Motion set for hearing on 6/9/2014 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: # 1 Exhibit Separate Statement of Facts and Conclusions of Law)(Birdt, Jonathan) (Entered: 05/07/2014) 2014-05-12 23:03:15 88f3c4fe649cb7c8ef97b71059cf20b434927625
44 1 Exhibit Separate Statement of Facts and Conclusions of Law 2014-05-12 23:20:33 b66440b26fc51558fdba27449d065530e046fefa
2014-05-12 45 0 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John E. McDermott and Lodging of Proposed Judgment and Order. Objections to R&R due by 6/2/2014. (Attachments: # 1 Report and Recommendation of US Magistrate Judge) (san) (Entered: 05/12/2014)
2014-05-12 46 0 REPORT AND RECOMMENDATION issued by Magistrate Judge John E. McDermott 25 , 1 . THE COURT, THEREFORE, RECOMMENDS that the District Court issue an Order: (1) accepting this Report and Recommendation and (2) denying Defendants Motion to Dismiss. [See document for details.] (san) (Entered: 05/12/2014) 2014-05-12 23:00:09 146008b8aac4711967c6203a8938ea9de52e0f31
2014-05-12 47 0 MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott re: ORDER RE PLAINTIFFS APPLICATION FILE FOR A CONCEALED WEAPON PERMIT AND ORDER TO SHOW CAUSE WITH REGARD TO DEFENDANT'S MOTION TO DISMISS 25 . The Court ORDERS the San Bernardino Sheriff's Department ("SBSD") to file under seal and serve a certified copy of Plaintiff's application file for a concealed weapon permit, including all records concerning that file and Plaintiff Jonathan Birdt, the reasons for the denial of Plaintiff's permit application, and the identity of any SBSD personnel involved in reviewing and/or denying the permit, by June 2, 2014. [See Order for further details.] (san) (Entered: 05/12/2014) 2014-05-12 23:01:15 629abc823d2cbaee92dd20971731471129526d76
2014-05-12 48 0 STATEMENT of Acceptance of Magistrate's Recomendations MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) 25 filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 05/12/2014) 2014-05-12 23:02:16 5ff58a87e1e3cbd90ad7180e4c03bf73b4133e7d