This case was last updated from PACER on 07/16/2019 at 09:50:18 (UTC).

Derek Siri v. Duane Cooper, et al

Case Summary

On 05/17/2019 Derek Siri filed a Civil Right - Other Civil Right lawsuit against Duane Cooper. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Andre Birotte Jr and Frederick F. Mumm. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-04298

  • Filing Date:

    05/17/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

Andre Birotte Jr

Referral Judge

Frederick F. Mumm

 

Party Details

Plaintiff

Derek Siri

El Monte, CA 91702

Defendants

Duane Cooper

Dwayne Cooper

Los Angeles County Fire Department

John Doe Fire Captain

Los Angeles County

Does 1 thru 50

County of Los Angeles

Attorney/Law Firm Details

Plaintiff Attorneys

Paul Russell DePasquale

Attorney at DePasquale and Cole

115 Pine Avenue Suite 560

Long Beach, CA 90802

Russell James Cole

Attorney at DePasquale and Cole

115 Pine Avenue Suite 560

Long Beach, CA 90802

Defendant Attorneys

Thomas C Hurrell

Attorney at Hurrell Cantrall LLP

300 South Grand Avenue Suite 1300

Los Angeles, CA 90071-3401

Farid Ahmed Sharaby

Attorney at Hurrell Cantrall LLP

One California Plaza, 300 South Grand Avenue Suite 1300

Los Angeles, CA 90071

Karla Malagon

Attorney at Hurrell Cantrall LLP

300 South Grand Avenue Suite 1300

Los Angeles, CA 90071

 

Court Documents

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#4) CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY OF NOTICE OF REMOVAL TO FEDERAL COURT filed by Defendants Los Angeles County, Los Angeles County Fire Department re: Notice of Removal (Attorney Civil Case Opening), #1 (Hurrell, Thomas) (Entered: 05/17/2019)

#2

(#2) CIVIL COVER SHEET filed by Defendants Los Angeles County, Los Angeles County Fire Department. (Hurrell, Thomas) (Entered: 05/17/2019)

#3

(#3) NOTICE of Interested Parties filed by Defendants Los Angeles County, Los Angeles County Fire Department, identifying Plaintiff Derek Siri; Defendant County of Los Angeles; Defendant Los Angeles County Fire Department and Defendant Duane Cooper. (Hurrell, Thomas) (Entered: 05/17/2019)

#4

(#4) CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY OF NOTICE OF REMOVAL TO FEDERAL COURT filed by Defendants Los Angeles County, Los Angeles County Fire Department re: Notice of Removal (Attorney Civil Case Opening), #1 (Hurrell, Thomas) (Entered: 05/17/2019)

#5

(#5) Notice of Appearance or Withdrawal of Counsel: for attorney Farid Ahmed Sharaby counsel for Defendants Los Angeles County, Los Angeles County Fire Department. Adding Farid A. Sharaby as counsel of record for Defendants, County of Los Angeles and Los Angeles County Fire Department for the reason indicated in the G-123 Notice. Filed by Defendants County of Los Angeles and Los Angeles County Fire Department. (Attorney Farid Ahmed Sharaby added to party Los Angeles County(pty:dft), Attorney Farid Ahmed Sharaby added to party Los Angeles County Fire Department(pty:dft))(Sharaby, Farid) (Entered: 05/17/2019)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Frederick F. Mumm. (esa) (Entered: 05/17/2019)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 05/17/2019)

#20

(#20) Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 19PSCV00178, acknowledged on 6/21/2019. (gk) (Entered: 07/01/2019)

#19

(#19) TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, East District. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, East District. (gk) (Entered: 06/19/2019)

#17

(#17) STIPULATION for Order Dismissal of Causes of Action and, STIPULATION to Remand Case to State Court filed by Defendants County of Los Angeles, Los Angeles County Fire Department. (Attachments: #1 Proposed Order)(Sharaby, Farid) (Entered: 06/14/2019)

17 #1

Proposed Order

#18

(#18) ORDER FOR DISMISSAL OF CAUSES OF ACTION AND REMAND TO SUPERIOR COURT by Judge Andre Birotte Jr.: Upon Stipulation #17 , the name Los Angeles County Fire Department is stricken from the list of named defendants in this action. This action, and all causes of action, is dismissed with prejudice against the defendant named as John Doe Fire Captain. All causes of action arising under the Civil Rights Act are dismissed with prejudice as to all defendants, including the first through fourth causes of action in Plaintiff's Complaint, for violation of 42 U.S.C. Sections 1981, 1983, 1985(3), and 1988. All causes of action arising under California law are dismissed with prejudice as to Defendant County of Los Angeles, including the fifth through tenth causes of action in Plaintiff's Complaint, for assault and battery, obstruction of justice, intentional infliction of emotional distress, negligent infliction of emotional distress, vicarious liability, and breach of fiduciary duty. The remainder of this action is ordered remanded to the Superior Court of California, County of Los Angeles, Case Number 19PSCV00178. Each party is to bear their own costs and attorneys' fees with respect to the litigation of this action up to the present time. ( Case Terminated. Made JS-6 ) (gk) (Entered: 06/19/2019)

#12

(#12) NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendants County of Los Angeles, Los Angeles County Fire Department. Motion set for hearing on 6/28/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Exhibit -A, #2 Proposed Order) (Sharaby, Farid) (Entered: 05/24/2019)

12 #2

Proposed Order

#16

(#16) NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #12 filed by Plaintiff Derek Siri. (Cole, Russell) (Entered: 06/07/2019)

12 #1

Exhibit -A

16 More Documents Available

 

Docket Entries

  • 06/28/2019
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  • (#20) Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 19PSCV00178, acknowledged on 6/21/2019. (gk) (Entered: 07/01/2019)

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  • 06/19/2019
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  • (#19) TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, East District. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, East District. (gk) (Entered: 06/19/2019)

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  • 06/18/2019
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  • (#18) ORDER FOR DISMISSAL OF CAUSES OF ACTION AND REMAND TO SUPERIOR COURT by Judge Andre Birotte Jr.: Upon Stipulation #17 , the name Los Angeles County Fire Department is stricken from the list of named defendants in this action. This action, and all causes of action, is dismissed with prejudice against the defendant named as John Doe Fire Captain. All causes of action arising under the Civil Rights Act are dismissed with prejudice as to all defendants, including the first through fourth causes of action in Plaintiff's Complaint, for violation of 42 U.S.C. Sections 1981, 1983, 1985(3), and 1988. All causes of action arising under California law are dismissed with prejudice as to Defendant County of Los Angeles, including the fifth through tenth causes of action in Plaintiff's Complaint, for assault and battery, obstruction of justice, intentional infliction of emotional distress, negligent infliction of emotional distress, vicarious liability, and breach of fiduciary duty. The remainder of this action is ordered remanded to the Superior Court of California, County of Los Angeles, Case Number 19PSCV00178. Each party is to bear their own costs and attorneys' fees with respect to the litigation of this action up to the present time. ( Case Terminated. Made JS-6 ) (gk) (Entered: 06/19/2019)

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  • 06/14/2019
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  • (#17) STIPULATION for Order Dismissal of Causes of Action and, STIPULATION to Remand Case to State Court filed by Defendants County of Los Angeles, Los Angeles County Fire Department. (Attachments: #1 Proposed Order)(Sharaby, Farid) (Entered: 06/14/2019)

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  • 06/07/2019
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  • (#16) NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint #12 filed by Plaintiff Derek Siri. (Cole, Russell) (Entered: 06/07/2019)

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  • 06/07/2019
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  • (#15) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #14 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) (Entered: 06/07/2019)

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  • 06/05/2019
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  • (#14) NOTICE of Appearance filed by attorney Russell James Cole on behalf of Plaintiff Derek Siri (Attorney Russell James Cole added to party Derek Siri(pty:pla))(Cole, Russell) (Entered: 06/05/2019)

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  • 05/28/2019
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  • (#13) ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 9/20/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 05/28/2019)

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  • 05/24/2019
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  • (#12) NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendants County of Los Angeles, Los Angeles County Fire Department. Motion set for hearing on 6/28/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Exhibit -A, #2 Proposed Order) (Sharaby, Farid) (Entered: 05/24/2019)

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  • 05/23/2019
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  • (#11) NOTICE OF THE COURT'S STANDING ORDER filed by Defendants County of Los Angeles, Los Angeles County Fire Department. (Sharaby, Farid) (Entered: 05/23/2019)

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2 More Docket Entries
  • 05/17/2019
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  • (#8) NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): The pro se litigants email address was added to CM/ECF in error upon the opening of this Notice of Removal case. The pro se litigants email will be removed from CM/ECF and will not be used for electronic service without the appropriate registration and consent. See Local Rule 5-3. (esa) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#6) NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Frederick F. Mumm. (esa) (Entered: 05/17/2019)

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  • 05/17/2019
  • CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Derek Siri, upon Defendant Duane Cooper served on 4/17/2019. Service of the Summons and Complaint were executed upon Katherine Medina, Dep Clerk, in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Filed in state court 5/3/19, submitted as document 1, attachment 2) (esa) (Entered: 05/17/2019)

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  • 05/17/2019
  • CONFORMED COPY OF COMPLAINT against defendants Duane Cooper, Does, John Doe Fire Captain, Los Angeles County, Los Angeles County Fire Department, filed by plaintiff Derek Siri. (Filed in state court 2/20/19, submitted as document 1, attachment 1) (esa) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#5) Notice of Appearance or Withdrawal of Counsel: for attorney Farid Ahmed Sharaby counsel for Defendants Los Angeles County, Los Angeles County Fire Department. Adding Farid A. Sharaby as counsel of record for Defendants, County of Los Angeles and Los Angeles County Fire Department for the reason indicated in the G-123 Notice. Filed by Defendants County of Los Angeles and Los Angeles County Fire Department. (Attorney Farid Ahmed Sharaby added to party Los Angeles County(pty:dft), Attorney Farid Ahmed Sharaby added to party Los Angeles County Fire Department(pty:dft))(Sharaby, Farid) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#4) CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY OF NOTICE OF REMOVAL TO FEDERAL COURT filed by Defendants Los Angeles County, Los Angeles County Fire Department re: Notice of Removal (Attorney Civil Case Opening), #1 (Hurrell, Thomas) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#3) NOTICE of Interested Parties filed by Defendants Los Angeles County, Los Angeles County Fire Department, identifying Plaintiff Derek Siri; Defendant County of Los Angeles; Defendant Los Angeles County Fire Department and Defendant Duane Cooper. (Hurrell, Thomas) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#2) CIVIL COVER SHEET filed by Defendants Los Angeles County, Los Angeles County Fire Department. (Hurrell, Thomas) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#1) NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 19PSCV00178 Receipt No: 0973-23757387 - Fee: $400, filed by Defendants Los Angeles County, Los Angeles County Fire Department. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Thomas C Hurrell added to party Los Angeles County(pty:dft), Attorney Thomas C Hurrell added to party Los Angeles County Fire Department(pty:dft))(Hurrell, Thomas) (Entered: 05/17/2019)

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