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Case TitleOronde London v. City of Redlands
DistrictCentral District of California
CityEastern Division - Riverside
Case Number5:2017cv00185
Date Filed2017-02-02
Date Closed2017-09-07
JudgeJudge John F. Walter
PlaintiffOronde London
Case DescriptionOronde London requested building permits from the City of Redlands. After the City failed to respond to any of his requests, London filed suit. While London may have a cause of action under the California Public Records Act, he does not have a cause of action under the federal FOIA which does not applies to states or municipalities.
Complaint issues: Litigation - Jurisdiction - Failure to State a Claim

DefendantCity of Redlands
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [55]
Opinion/Order [56]
Opinion/Order [57]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-02-021COMPLAINT against Defendant City of Redlands. Case assigned to Judge John F. Walter for all further proceedings. Discovery referred to Magistrate Judge Sheri Pym.(Filing fee $ 400 PAID) Jury Demanded, filed by Plaintiff Oronde London. (Attachments: # 1 Civil Cover Sheet) (car) (Entered: 02/02/2017)
2017-02-022CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Oronde London (car) (Entered: 02/02/2017)
2017-02-02330 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendant City of Redlands. (car) (Entered: 02/02/2017)
2017-02-024NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Sheri Pym. (car) (Entered: 02/02/2017)
2017-02-025NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 02/02/2017)
2017-02-036STANDING ORDER by Judge John F. Walter. (cw) (Entered: 02/03/2017)
2017-02-037SELF-REPRESENTATION ORDER by Judge John F. Walter. (cw) (Entered: 02/03/2017)
2017-02-078PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Oronde London, upon Defendant City of Redlands served on 2/3/2017, answer due 3/6/2017. Service of the Summons and Complaint were executed upon Caitlyn Guesnon (Administrative Assistant) in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (lom) Modified on 3/7/2017 (lom). (Entered: 02/10/2017)
2017-02-079PROOF OF SERVICE Notice of Assignment to United States Judges 4 on 2/6/17 filed by Plaintiff Oronde London. (lom) (Entered: 02/10/2017)
2017-02-0710PROOF OF SERVICE NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM 8 served on 2/6/17 filed by Plaintiff Oronde London. (lom) (Entered: 02/10/2017)
2017-03-0711NOTICE OF CLERICAL ERROR: Due to clerical error Re: Service of Summons and Complaint Returned Executed (21 days) 8 . Docket entry text is incorrect as to the answer due date. The correct answer due date is 3/6/17. Docket entry is now corrected and reflects the answer due date of 3/6/17. (lom) (Entered: 03/07/2017)
2017-03-0712APPLICATION for Entry of Default against defendant City of Redlands filed by plaintiff Oronde London. (jp) (Entered: 03/08/2017)
2017-03-0813[THIS DOCUMENT IS HEREBY SET ASIDE PER MINUTE ORDER 18 ] - DEFAULT BY CLERK F.R.Civ.P.55(a) as to City of Redlands. (jp) Modified on 3/29/2017 (jp). (Entered: 03/08/2017)
2017-03-1014PROOF OF SERVICE BY MAIL filed by plaintiff Oronde London, re Standing Order 6 served on 3/10/2017. (jp) (Entered: 03/13/2017)
2017-03-1615NOTICE OF MOTION AND MOTION to Set Aside Default filed by Defendant City of Redlands. Motion set for hearing on 4/3/2017 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Exhibit Exh to Mx2SetAside #1, # 2 Exhibit Exh to Mx2Dismiss #1, # 3 Exhibit Exh to Mx2Dismiss #2, # 4 Exhibit Exh to Mx2Dismiss #3, # 5 Exhibit Exh to Mx2Dismiss #4, # 6 Exhibit Exh to Mx2Dismiss #5, # 7 Exhibit Exh to Mx2Dismiss #6, # 8 Exhibit Exh to Mx2Dismiss #7, # 9 Exhibit Exh to Mx2Dismiss #8, # 10 Exhibit Exh to Mx2Dismiss #9, # 11 Exhibit Exh to Mx2Dismiss #10, # 12 Exhibit Exh to Mx2Dismiss #11, # 13 Exhibit Exh to Mx2Dismiss #12) (Attorney Bruce Emery Disenhouse added to party City of Redlands(pty:dft)) (Disenhouse, Bruce) (Entered: 03/16/2017)
2017-03-2016APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Oronde London. (jp) (Entered: 03/20/2017)
2017-03-2119ORDER by Judge John F. Walter: granting 16 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (jp) (Entered: 03/29/2017)
2017-03-2917MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for May 15, 2017 at 8:30 a.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. LeadTrial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before May 1, 2017. See minute order for further details. (jy) (Entered: 03/29/2017)
2017-03-2918MINUTES (IN CHAMBERS): ORDER GRANTING Defendant Motionto Set Aside Entry of Default Pursuant to FRCP 55(c) 15 by Judge John F. Walter: Defendant Motion is GRANTED, and the default entered against Defendant on 3/8/2017 (Docket No. 13) is hereby VACATED. Defendant shall respond to the Complaint by 4/3/2017. To the extent that Defendant intends to file a motion to dismiss, it shall do so in accordance with the Frcp, the Local Rules (including Local Rule 6-1), and the Court's 2/3/ 2017 Standing Order. (jp) (Entered: 03/29/2017)
2017-03-3120STATEMENT of Compliance filed by Defendant City of Redlands (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Disenhouse, Bruce) (Entered: 03/31/2017)
2017-04-0121NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant City of Redlands. Motion set for hearing on 5/1/2017 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Disenhouse, Bruce) (Entered: 04/01/2017)
2017-04-0122DECLARATION of Bruce E. Disenhouse Re Compliance with Local Rules Governing Electronic Filing filed by Defendant City of Redlands. (Disenhouse, Bruce) (Entered: 04/01/2017)
2017-04-0323REPLY to Defendant's Motion [Doc #20] Joint Statement of Compliance with Local Rule 7-3 Re: Defendant's Motion to Dismiss; Declaration of Bruce E Disenhouse in support thereof filed by Plaintiff Oronde London. (jp) (Entered: 04/04/2017)
2017-04-0324PROOF OF SERVICE filed by plaintiff Oronde London, re Reply to Defendant's Motion [Doc #20] Joint Statement of Compliance with Local Rule 7-3 Re: Defendant's Motion to Dismiss; Declaration of Bruce E Disenhouse in support thereof 23 served on 4/1/2017. (jp) (Entered: 04/04/2017)
2017-04-2125Text Entry Order: The Court disagrees with Defendants position that Local Rule 7-3 does not apply to parties appearing in pro se. However, based on Docket Numbers 20 and 23 , it appears that any additional meet and confer would not be productive. Although Plaintiff filed a Reply to Defendants Motion; Joint Statement of Compliance with Local Rule 7-3 Re: Defendant's Motion to Dismiss; Declaration of Bruce E. Disenhouse in Support Thereof (Dkt. No. 23 ), Plaintiff has failed to file a timely Opposition to the Motion to Dismiss Complaint for Lack of Jurisdiction under FRCP 12(b)(1) and for Failure to State a Claim under FRCP 12(B)(6) (Dkt. No. 21 ). If Plaintiff desires to oppose the Motion on the merits, Plaintiffs Opposition shall be filed on April 24, 2017. The Defendant shall file its Reply and Statement of Decision (which Defendants failed to timely file) by April 26, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY (Entered: 04/21/2017)
2017-04-2426RESPONSE to Defendants MOTION to Dismiss Plaintiff Original Complaint 21 filed by Plaintiff Oronde London. (jp) (Entered: 04/24/2017)
2017-04-2527REPLY support of Defendant's Motion to Dismiss filed by Defendant City of Redlands. (Disenhouse, Bruce) (Entered: 04/25/2017)
2017-04-2728STATEMENT of Decision filed by Defendant City of Redlands re: NOTICE OF MOTION AND MOTION to Dismiss Case 21 . (Disenhouse, Bruce) (Entered: 04/27/2017)
2017-04-2829MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION Defendant Motion to Dismiss Complaint for Lack of Jurisdiction under FRCP 12(b)(1) and for Failure to State a Claim Under FRCP 12(b)(6) 21 by Judge John F. Walter: Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 5/1/2017 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (jp) (Entered: 04/28/2017)
2017-04-2930JOINT REPORT of Counsel filed by Defendant City of Redlands. (Disenhouse, Bruce) (Entered: 04/29/2017)
2017-04-3031Notice of Appearance or Withdrawal of Counsel: for attorney Bruce Emery Disenhouse counsel for Defendant City of Redlands. Adding Priscilla George as counsel of record for Defendant, City of Redlands for the reason indicated in the G-123 Notice. Filed by Defendant City of Redlands. (Disenhouse, Bruce) (Entered: 04/30/2017)
2017-05-0132ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COMPLAINT FOR LACK OF JURISDICTION UNDER FRCP 12(b)(1) AND FOR FAILURE TO STATE A CLAIM UNDER FRCP 12(b)(6) 21 by Judge John F. Walter: Defendant's Motion is GRANTED. Plaintiff's claim for violation of the Freedom of Information Act, 5 U.S.C. § 552, is DISMISSED without leave to amend. To the extent Plaintiff has alleged a claim for violation of his Fourteenth Amendment rights, that claim is DISMISSED with leave to amend. If Plaintiff in good faith intends to pursue a claim for violation of his Fourteenth Amendment rights, Plaintiff shall file a First Amended Complaint alleging that claim only by May 8, 2017. In addition, in the First Amended Complaint, Plaintiff must allege specific facts supporting each and every element of his claim for violation of the Fourteenth Amendment. The Court reminds Plaintiff that under Local Rule 83-2.10.3, pro se litigants are bound by and expressly required to comply with all Local and Federal Rules, and cautions Plaintiff to review the Federal Rules of Civil Procedure, the Local Rules of this Court, and the Court's Self Representation Order filed on February 3, 2017, prior to filing any amended Complaint. IT IS SO ORDERED. (jloz) (Entered: 05/01/2017)
2017-05-0233ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL to ADR Procedure No 3 by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on May 15, 2017 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than September 5, 2017. (jloz) (Entered: 05/02/2017)
2017-05-0234SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. ( Jury Trial set for 1/30/2018 at 08:30 AM and Pretrial Conference set for 1/19/2018 at 10:00 AM before Judge John F. Walter.) (jloz) (Entered: 05/02/2017)
2017-05-0835AMENDED COMPLAINT Re 1st and 4th Amemendment of the United States Constitution amending Complain 1 . Jury Demand, filed by plaintiff Oronde London. (jp) (Entered: 05/08/2017)
2017-05-0936INITIAL DISCLOSURE of FRCP 26(f) witnesses, documents, and insurance filed by Defendant City of Redlands (Attachments: # 1 Exhibit Disclosure Documents)(Disenhouse, Bruce) (Entered: 05/09/2017)
2017-05-0937MINUTE (IN CHAMBERS): ORDER TO SHOW CAUSE RE: SANCTIONS by Judge John F. Walter: Plaintiff is ordered to show cause, in writing by 5/16/2017, why the Court should not impose sanctions in the amount of $750.00 against Plaintiff or dismiss his tax evasion claim for his failure to comply with the Court's 5/1/2017 Order. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and dismissal of Plaintiffs tax evasion claim. (jp) (Entered: 05/10/2017)
2017-05-1138RESPONSE Re: Order to Show Cause 37 filed by Plaintiff Oronde London. (jp) (Entered: 05/15/2017)
2017-05-1142SECOND AMENDED COMPLAINT against Defendant City of Redlands amending Amended Complaint 35 , filed by Plaintiff Oronde London(dts) (Entered: 05/30/2017)
2017-05-2339MINUTE (IN CHAMBERS): ORDER DISCHARGING ORDER TO SHOW CAUSE RE: SANCTIONS by Judge John F. Walter: On 5/9/2017, the Court issued an Order to Show Cause why the Court should not impose sanctions in the amount of $750.00 against Plaintiff or dismiss his tax evasion claim for his failure to comply with the Court's 5/1/2017 Order. On 5/11/2017, Plaintiff filed a Response to the OSC. The Court deems that response satisfactory, and orders the OSC discharged. (jp) (Entered: 05/23/2017)
2017-05-2340ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge John F. Walter. Reference of discovery to Magistrate Judge Sheri Pym is vacated. Case transferred to the calendar of Magistrate Judge Kenly Kiya Kato for Report and Recommendation. Case number now reads as 5:17-cv-00185 JFW(KK). (rn) (Entered: 05/23/2017)
2017-05-2541INITIAL CIVIL RIGHTS CASE ORDER upon filing of the complaint by Magistrate Judge Kenly Kiya Kato. (SEE DOCUMENT FOR DETAILS) (dts) (Entered: 05/25/2017)
2017-06-0143NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant City of Redlands. Motion set for hearing on 6/26/2017 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13) (Disenhouse, Bruce) (Entered: 06/01/2017)
2017-06-0144MINUTES (IN CHAMBERS) ORDER Re: Motion to Dismiss Briefing Schedule by Magistrate Judge Kenly Kiya Kato, re NOTICE OF MOTION AND MOTION to Dismiss Case 43 Court VACATES the June 26, 2017 hearing set forth in the Motion and ORDERS as follows: 1. Plaintiff's opposition, or notice of non-opposition, to the Motion must be served and filed by June 8, 2017. 2. Defendant's reply, if any, shall be served and filed by June 15, 2017. See C.D. Cal. L.R. 7-10. 3. Unless otherwise ordered, the Motion will be taken under submission, without oral argument, when briefing is complete, and the parties will be notified by mail or email of all further proceedings. (dts) (Entered: 06/01/2017)
2017-06-0545PLAINTIFF'S OPPOSITION RE DEFENDANT'S NOTICE OF MOTION AND MOTION to Dismiss Case 43 filed by Plaintiff Oronde London. (mrgo) (Entered: 06/05/2017)
2017-06-1546REPLY Support of Defendant's Motion to Dismiss filed by Defendant City of Redlands. (Disenhouse, Bruce) (Entered: 06/15/2017)
2017-06-1547STATEMENT Decision filed by Defendant City of Redlands (Disenhouse, Bruce) (Entered: 06/15/2017)
2017-07-0348DISCOVERY MATTERS PURSUANT TO FRCP 34 filed by plaintiff Oronde London. (ad) (Entered: 07/05/2017)
2017-07-0549ORDER by Magistrate Judge Kenly Kiya Kato: the documents listed below were improperly filed for the following reasons: L.R. 26-2 Discovery Documents - Filing. When a discovery request or response is required for use in a proceeding, only that part of the document which is in issue shall be filed.; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Notice (Other) 48 . (dts) (Entered: 07/05/2017)
2017-07-2050DECLARATION of Bruce E. Disenhouse Re: ADR Completion Date filed by Defendant City of Redlands. (Attachments: # 1 Proposed Order Order)(Disenhouse, Bruce) (Entered: 07/20/2017)
2017-07-2451RESPONSE RE: DECLARATION OF BRUCE E. DISENHOUSE RE: ADR COMPLETION DATE, 50 , filed by Plaintiff Oronde Londonto. (iva) (Entered: 07/24/2017)
2017-07-3152REPORT AND RECOMMENDATION issued by Magistrate Judge Kenly Kiya Kato. Re Complaint - (Discovery), 1 , NOTICE OF MOTION AND MOTION to Dismiss Case 43 (dts) (Entered: 07/31/2017)
2017-07-3153NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Kenly Kiya Kato. Objections to R&R due by 8/31/2017 (Attachments: # 1 Report and Recommendation) (dts) (Entered: 07/31/2017)
2017-07-3154MINUTE ORDER (IN CHAMBERS) Vacating the Court's September 5, 2017 ADR Completion Date by Magistrate Judge Kenly Kiya Kato: re: Response 51 , Declaration 50 . (dts) (Entered: 07/31/2017)
2017-09-0555FINAL REPORT AND RECOMMENDATION issued by Magistrate Judge Kenly Kiya Kato. Re: Complaint - (Discovery), 1 , NOTICE OF MOTION AND MOTION to Dismiss Case 43 (dts) (Entered: 09/05/2017)
2017-09-0756ORDER ACCEPTING FINAL FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter for Report and Recommendation (Final) 55 . The Court accepts the findings and recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED that Judgment be entered dismissing this action with prejudice and without leave to amend. (iva) (Entered: 09/07/2017)
2017-09-0757JUDGMENT by Judge John F. Walter, related to: ORDER ACCEPTING FINAL FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, 56 . Pursuant to the Order Accepting Final Findings and Recommendation of United States Magistrate Judge, IT IS HEREBY ADJUDGED that this action is dismissed with prejudice. (MD JS-6, Case Terminated). (iva) (Entered: 09/07/2017)
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