Case: Hope for The Homeless Lakeside, Inc. v. County of San Diego

Hope for The Homeless Lakeside, Inc. et al. v. County of San Diego et al.

Hope for The Homeless Lakeside, Inc. et al. v. County of San Diego et al.

COMPLAINT with Jury Demand against City of Lakeside, California Deparment of Transportation, California Highway Patrol, City of San Diego, City of Santee, County of San Diego ( Filing fee $ 405 receipt number ACASDC-18917262.), filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), City of Lakeside, James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, David Williams, Christy Gillette, Michael Bishop. (Attachments: # 1 Info Sheet Civil Cover Sheet)The new case number is 3:24-cv-1009-L-MSB. Judge M. James Lorenz and Magistrate Judge Michael S. Berg are assigned to the case. (Dreher, Robert)(axc1) (jmo). (Entered: 06/10/2024)

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (axc1) (jmo). (Entered: 06/10/2024)

AMENDED COMPLAINT with Jury Demand By All Plaintiiffs against All Defendants, filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, Christy Gillette(Individually on Behalf of Themselves and All Others Similarly Situated ), Michael Bishop. (Dreher, Robert) (dim). (Entered: 08/18/2024)

Joint MOTION to Continue Briefing Schedule for Motions to Dismiss by City of San Diego. (Biggerstaff, Elizabeth)Attorney Elizabeth Louise Atkins Biggerstaff added to party City of San Diego(pty:dft) (ddf). (Entered: 10/15/2024)

ORDER Granting City Of San Diego, County Of San Diego, City Of Santee, And Plaintiffs' Joint Motion Requesting Court Set Proposed Briefing Schedule On Motions To Dismiss [ECF No. 4 ]. Signed by Judge M. James Lorenz on 10/15/2024. (ddf) (Entered: 10/15/2024)

AMENDED ORDER Granting City Of San Diego, County Of San Diego, City Of Santee, And Plaintiffs' Joint Motion Requesting Court Set Proposed Briefing Schedule On Motions To Dismiss [ECF No. 4 ]. Signed by Judge M. James Lorenz on 10/16/2024.(ddf) (Entered: 10/16/2024)

Joint MOTION for Extension of Time to File Response/Reply by California Deparment of Transportation. (Serieys, Amy)Attorney Amy Marie Serieys added to party California Deparment of Transportation(pty:dft) (dim). (Entered: 11/08/2024)

ORDER Granting Plaintiffs and Defendant California Department of Transportations Joint Motion to Join Briefing Schedule on Motion to Dismiss. Signed by Judge M. James Lorenz on 11/12/2024. (dim) (Entered: 11/12/2024)

DOCUMENT STRICKEN PER ECF 10 (dim). (Entered: 11/22/2024)

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 9 MOTION to Amend/Correct Stip by All Parties to File 2nd Am Complaint, from Plaintiffs Daniel Cappasola, James Dattolico, Hope for The Homeless Lakeside, Inc., Charity Davis, Jennifer Gaska, Steven Leggott, David Williams, Michael Bishop. Non-compliance with local rule(s), -ECF §2.f(4): Failure to comply with signature certification requirements for joint filing. -Civ. Loc. R. 7.2(c): Upon the filing of a joint motion, the filing party must also submit a proposed order to the assigned judicial officer.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties, Original Document was returned to the filer (Attachments: # 1 Stricken Document)(dim) (Entered: 11/26/2024)

Joint MOTION to Amend/Correct File 2nd Amended Complaint by Daniel Cappasola, James Dattolico, Hope for The Homeless Lakeside, Inc., Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), David Williams, Michael Bishop. (Dreher, Robert) (dim). (Entered: 11/26/2024)

Order Granting Joint Motion To File The Second Amended Complaint And Set Schedule [ECF No. 11 ] Second Amended Complaint due by 1/6/2025, Response due by 2/7/2025. Signed by Judge M. James Lorenz on 11/26/2024. (dim) (Entered: 11/26/2024)

AMENDED COMPLAINT with Jury Demand By all Plaintiffs against All Defendants, filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, David Williams, Christy Gillette(Individually on Behalf of Themselves and All Others Similarly Situated ), Michael Bishop.New Summons Requested. (Dreher, Robert) (dim). (Entered: 01/06/2025)

Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dim) (Entered: 01/07/2025)

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Tony Tavares, Ann Fox. (Attachments: # 1 Memo of Points and Authorities in support of motion to dismiss)(Serieys, Amy)Attorney Amy Marie Serieys added to party Tony Tavares(pty:dft), Attorney Amy Marie Serieys added to party Ann Fox (pty:dft) (rxc). (Entered: 02/07/2025)

MOTION to Dismiss for Failure to State a Claim by City of Santee. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Joinder)(Green, Matthew)Attorney Matthew L Green added to party City of Santee(pty:dft) (rxc). (Entered: 02/07/2025)

MOTION to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder by County of San Diego. (Attachments: # 1 Memo of Points and Authorities in Support of Defendant County of San Diegos Motion to Dismiss Plaintiffs Second Amended Complaint, # 2 Request for Judicial Notice in Support of Defendant County of San Diegos Motion to Dismiss Plaintiffs Second Amended Complaint, # 3 Exhibit A, # 4 Proof of Service)(Stotland, David)Attorney David Meir Stotland added to party County of San Diego(pty:dft) (rxc). (Entered: 02/07/2025)

MOTION to Dismiss for Failure to State a Claim by City of San Diego. (Attachments: # 1 Memo of Points and Authorities in Support of City of San Diego's Motion to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder, # 2 Request for Judicial Notice, # 3 Exhibit, # 4 Proof of Service)(Biggerstaff, Elizabeth) (rxc). (Entered: 02/07/2025)

RESPONSE in Opposition re 17 MOTION to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

RESPONSE in Opposition re 18 MOTION to Dismiss for Failure to State a Claim filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

RESPONSE in Opposition re 15 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

RESPONSE in Opposition re 16 MOTION to Dismiss for Failure to State a Claim filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim filed by City of San Diego. (Attachments: # 1 Proof of Service)(Biggerstaff, Elizabeth) (rmc). (Entered: 03/21/2025)

RESPONSE in Support re 17 MOTION to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder Reply in Support of Motion to Dismiss Plaintiff's Second Amended Complaint filed by County of San Diego. (Attachments: # 1 Proof of Service)(Stotland, David) (rmc). (Entered: 03/21/2025)

REPLY - Other re 21 Response in Opposition to Motion,, to Dismiss for Failure to State a Claim filed by Ann Fox, Tony Tavares. (Attachments: # 1 Proof of Service)(Serieys, Amy) (rmc). (Entered: 03/21/2025)

REPLY to Response to Motion re 16 MOTION to Dismiss for Failure to State a Claim filed by City of Santee. (Green, Matthew) (rmc). (Entered: 03/21/2025)

ORDER Granting 15 16 17 18 Motions to Dismiss. If Plaintiffs choose to file an amended complaint, they must do so no later than 6/30/2025. Signed by Judge M. James Lorenz on 5/27/2025. (rmc) (Entered: 05/27/2025)

Joint MOTION for Extension of Time to File 3rd Amended Complaint by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 06/21/2025)

ORDER Granting 28 Joint Motion to Extend. Signed by Judge M. James Lorenz on 6/23/2025. (rmc) (Entered: 06/23/2025)

AMENDED COMPLAINT with Jury Demand against All Plaintiffs, filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, David Williams, Christy Gillette(Individually on Behalf of Themselves and All Others Similarly Situated ), Michael Bishop. (Dreher, Robert) (rmc). (Entered: 07/31/2025)

NOTICE of Appearance by Kara L. Coronado on behalf of City of Santee (Coronado, Kara)Attorney Kara L. Coronado added to party City of Santee(pty:dft) (rmc). (Entered: 08/19/2025)

NOTICE of Appearance by Christopher M. Moffitt on behalf of City of Santee (Moffitt, Christopher)Attorney Christopher M. Moffitt added to party City of Santee(pty:dft) (rmc). (Entered: 08/19/2025)

Joint MOTION for Extension of Time to File Answer or Motion to Dismiss 3rd Amended Complaint. (Attachments: # 1 Proposed Order)(Boyne, Patrick)Attorney Patrick Boyne added to party California Deparment of Transportation(pty:dft) QC mail sent re efiled unsigned order (rmc). Modified on 8/28/2025 to reflect correct motion event (rmc). (Entered: 08/27/2025)

ORDER Granting in Part 33 Joint Motion to Set Briefing Schedule. Signed by Judge M. James Lorenz on 9/2/2025. (rmc) (Entered: 09/02/2025)

Joint MOTION to Dismiss for Failure to State a Claim Third Amended Complaint, Joint MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint by City of Santee, County of San Diego, Ann Fox, Tony Tavares. (Attachments: # 1 Memo of Points and Authorities in support of Motion to Dismiss, # 2 Request for Judicial Notice in support of Motion to Dismiss)(Serieys, Amy)Attorney Amy Marie Serieys added to party City of Santee(pty:dft), Attorney Amy Marie Serieys added to party County of San Diego(pty:dft) (rmc). (Entered: 09/29/2025)

RESPONSE in Opposition re 35 Joint MOTION to Dismiss for Failure to State a Claim Third Amended ComplaintJoint MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 11/09/2025)

Joint MOTION for Extension of Time to File Response/Reply by County of San Diego. (Attachments: # 1 Proof of Service Declaration of Service)(Stotland, David) (rmc). (Entered: 11/20/2025)

Reply to Response to Motion

Order on Motion for Extension of Time to File Response/Reply