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 242 |
Filed: 2/23/2022, Entered: None |
Dismiss Case |
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| 241 |
Filed: 12/27/2021, Entered: None |
For Order |
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| 240 |
Filed: 12/22/2021, Entered: None |
Response |
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| 239 |
Filed: 12/21/2021, Entered: None |
Minutes of In Chambers Order/Directive - no proceeding held |
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| 238 |
Filed: 12/20/2021, Entered: None |
Order |
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| 237 |
Filed: 11/30/2021, Entered: None |
Order |
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| 236 |
Filed: 11/26/2021, Entered: None |
Status Report |
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| 235 |
Filed: 9/28/2021, Entered: None |
Dismissing Case |
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| 234 |
Filed: 9/27/2021, Entered: None |
Status Conference - optional html form |
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| 233 |
Filed: 9/24/2021, Entered: None |
Settlement Conference |
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| 232 |
Filed: 9/24/2021, Entered: None |
Witness List |
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| 231 |
Filed: 9/24/2021, Entered: None |
Exhibit List |
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| 230 |
Filed: 9/23/2021, Entered: None |
Objection |
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| 228 |
Filed: 9/21/2021, Entered: None |
Jury Verdict (Proposed) |
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Request |
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| 227 |
Filed: 9/20/2021, Entered: None |
Notice of Lodging Proposed Pretrial Conference Order |
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| 226 |
Filed: 9/20/2021, Entered: None |
Jury Instructions (Proposed) |
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| 225 |
Filed: 9/20/2021, Entered: None |
Jury Verdict (Proposed) |
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| 224 |
Filed: 9/15/2021, Entered: None |
Order |
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| 223 |
Filed: 9/13/2021, Entered: None |
Pretrial Conference - Final - optional html form |
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| 222 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 221 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 220 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 219 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 218 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 217 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 216 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 215 |
Filed: 8/27/2021, Entered: None |
Response in Opposition to Motion |
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| 214 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 213 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 212 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 211 |
Filed: 8/27/2021, Entered: None |
Jury Instructions (Proposed) |
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| 208 |
Filed: 8/27/2021, Entered: None |
Miscellaneous Document |
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| 207 |
Filed: 8/27/2021, Entered: None |
Jury Instructions (Proposed) |
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| 206 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 205 |
Filed: 8/27/2021, Entered: None |
Notice of Lodging Proposed Pretrial Conference Order |
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| 204 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 203 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 202 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 201 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 200 |
Filed: 8/27/2021, Entered: None |
Jury Verdict (Proposed) |
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| 199 |
Filed: 8/27/2021, Entered: None |
Voir Dire Questions (Proposed) |
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| 198 |
Filed: 8/27/2021, Entered: None |
Statement |
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| 197 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 196 |
Filed: 8/27/2021, Entered: None |
Objection/Opposition (Motion related) |
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| 195 |
Filed: 8/25/2021, Entered: None |
Amended Document (Non-Motion) |
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| 194 |
Filed: 8/25/2021, Entered: None |
Miscellaneous Document |
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| 193 |
Filed: 8/25/2021, Entered: None |
Miscellaneous Document |
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| 192 |
Filed: 8/25/2021, Entered: None |
Miscellaneous Document |
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| 191 |
Filed: 8/25/2021, Entered: None |
Miscellaneous Document |
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| 190 |
Filed: 8/25/2021, Entered: None |
Miscellaneous Document |
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| 189 |
Filed: 8/25/2021, Entered: None |
Miscellaneous Document |
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| 188 |
Filed: 8/25/2021, Entered: None |
Memorandum of Contentions of Fact and Law |
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| 187 |
Filed: 8/25/2021, Entered: None |
Miscellaneous Document |
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| 179 |
Filed: 8/23/2021, Entered: None |
Notice (Other) |
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| 178 |
Filed: 8/20/2021, Entered: None |
Witness List |
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| 177 |
Filed: 8/20/2021, Entered: None |
Memorandum of Contentions of Fact and Law |
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| 176 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 175 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 174 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 173 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 172 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 171 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 170 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 169 |
Filed: 8/20/2021, Entered: None |
Memorandum of Contentions of Fact and Law |
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| 168 |
Filed: 8/20/2021, Entered: None |
Exhibit List |
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| 167 |
Filed: 8/20/2021, Entered: None |
Memorandum of Contentions of Fact and Law |
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| 166 |
Filed: 8/20/2021, Entered: None |
Joinder (Motion Related) |
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| 165 |
Filed: 8/20/2021, Entered: None |
Witness List |
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| 164 |
Filed: 8/20/2021, Entered: None |
Report |
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| 163 |
Filed: 8/20/2021, Entered: None |
Joinder (Motion Related) |
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| 162 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 160 |
Filed: 8/20/2021, Entered: None |
In Limine - Bifurcate |
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| 159 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 157 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 156 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 155 |
Filed: 8/20/2021, Entered: None |
In Limine - Bifurcate |
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Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 152 |
Filed: 8/20/2021, Entered: None |
In Limine - Exclude |
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| 62 |
Filed: 6/16/2018, Entered: None |
Reply (Motion related) |
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| 59 |
Filed: 5/31/2018, Entered: None |
Scheduling Order |
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| 53 |
Filed: 5/30/2018, Entered: None |
Declaration (Motion related) |
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| 52 |
Filed: 5/30/2018, Entered: None |
Order |
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| 49 |
Filed: 5/26/2018, Entered: None |
Joint Report Rule 26(f) Discovery Plan |
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| 151 |
Filed: 2/18/2021, Entered: 2/18/2021 |
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Notice of Appearance or Withdrawal of Counsel: for attorney Jesse Keenon Cox counsel for Defendants City of Fontana, DD72BA1. Adding MARLENA R. MLYNARSKA as counsel of record for CITY OF FONTANA for the reason indicated in the G-123 Notice. Filed by DEFENDANTS CITY OF FONTANA & DD72BA1. (Cox, Jesse)
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Request |
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| 150 |
Filed: 12/15/2020, Entered: 12/16/2020 |
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MINUTES (IN CHAMBERS) ORDER SETTING REVISED SCHEDULE by Judge Andre Birotte Jr.: The Court has reviewed the parties' Joint Report Re: Proposed Scheduling Order 149 and hereby SCHEDULES the following dates: Jury Trial set for 9/28/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference set for 9/10/2021 11:00 AM before Judge Andre Birotte Jr. Exhibit List due by 8/20/2021. Second Round of Pre-Trial Filings due by 8/27/2021. First Round of Pre-Trial Filings due by 8/20/2021. It is further ordered that the stay entered 1/15/2020 140 is lifted. Court Reporter: N/A. (gk)
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| 149 |
Filed: 12/11/2020, Entered: 12/11/2020 |
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STATUS REPORT JOINT REPORT RE PROPOSED SCHEDUING ORDER filed by Defendants City of Fontana, DD72BA1. (Cox, Jesse)
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Request |
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| 148 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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STATUS REPORT JOINT STATUS REPORT RE RESOLUTION OF DEFENDANTS INTERLOCUTORY APPEALS filed by Defendants City of Fontana, 792878A, DD72BA1. (Cox, Jesse)
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| 147 |
Filed: 11/12/2020, Entered: 11/13/2020 |
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MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 128 , Notice of Appeal to 9th Circuit Court of Appeals 124 , CCA # 19-56494 and 19-56517. The judgment of this Court, entered June 25, 2020, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Order, 143 , DISMISSED.] (mat)
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| 146 |
Filed: 8/6/2020, Entered: 8/6/2020 |
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MINUTES (IN CHAMBERS) ORDER RE: STATUS REPORT by Judge Andre Birotte Jr.: In light of the parties' joint status report 145 , the Court ORDERS that the parties file a joint status report and/or joint proposed scheduling order within ten days of the date of issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in this case. Court Reporter: N/A. (gk)
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| 145 |
Filed: 8/4/2020, Entered: 8/4/2020 |
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STATUS REPORT Joint Status Report Re: Defendants' Appeals filed by Plaintiffs A. G., Alexander Herd. (Galipo, Dale)
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| 144 |
Filed: 7/28/2020, Entered: 7/28/2020 |
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(IN CHAMBERS) ORDER by Judge Andre Birotte Jr. On January 15, 2020, the Court granted Defendants' ex parte application to stay all proceedings and vacate pretrial filing deadlines, pretrial conference, and trial dates. (Dkt. No. 140.) The Court ordered the parties to file a Joint Status Report within 30 days of resolution of appeal. (Id.) On June 25, 2020, the U.S. Court of Appeals for the Ninth Circuit dismissed Defendants' consolidated appeals for lack of jurisdiction. (Dkt. No. 143.) No Joint Status Report has been filed. The Court accordingly ORDERS that the parties file a Joint Status Report within seven (7) days of the date of issuance of this order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| 143 |
Filed: 6/25/2020, Entered: 6/29/2020 |
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ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 124 filed by City of Fontana, DD72BA1, Notice of Appeal to 9th Circuit Court of Appeals 128 filed by State of California, 792878A. CCA # 19-56494 and 19-56517. Appellees' motion to dismiss these consolidated appeals for lack of jurisdiction is granted. (gk)
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Request |
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| 142 |
Filed: 2/4/2020, Entered: 2/4/2020 |
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NOTICE OF FILING TRANSCRIPT filed for proceedings 11/08/19 - 11:45 a.m re Transcript 141 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY
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| 141 |
Filed: 2/4/2020, Entered: 2/4/2020 |
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TRANSCRIPT for proceedings held on 11/8/19 - 11:45 a.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez; CSRLISAG@AOL.COM, phone number 213-894-2979. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/25/2020. Redacted Transcript Deadline set for 3/6/2020. Release of Transcript Restriction set for 5/4/2020. (Gonzalez, Lisa)
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Request |
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| 140 |
Filed: 1/15/2020, Entered: 1/16/2020 |
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ORDER GRANTING EX PARTE APPLICATION TO STAY ALL PROCEEDINGS AND VACATE PRETRIAL FILING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATES by Judge Andre Birotte Jr.: Defendants' Application 137 is GRANTED. IT IS HEREBY ORDERED that all proceedings in this case are stayed pending resolution of Defendants' appeal of the denial of qualified immunity; and all pretrial filing deadlines, the 1/31/2020, pretrial conference, and the 2/18/2020, trial date are hereby vacated. The parties are ordered to file a Joint Status Report within 30 days of resolution of appeal. (gk)
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Request |
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| 139 |
Filed: 1/14/2020, Entered: 1/14/2020 |
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G126 TRANSCRIPT DESIGNATION FORM re: Transcript Order Form (G-120), 136 (Cox, Jesse)
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Request |
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| 138 |
Filed: 1/10/2020, Entered: 1/10/2020 |
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MINUTES (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATION TO CERTIFY DEFENDANTS' INTERLOCUTORY APPEAL AS FRIVOLOUS 131 by Judge Andre Birotte Jr. See document for details. Court Reporter: N/A. (gk)
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Request |
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| 137 |
Filed: 1/10/2020, Entered: 1/10/2020 |
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EX PARTE APPLICATION to Stay Case pending resolution of appeal filed by defendant 792878A, State of California. (Attachments: # 1 Proposed Order) (Dean, Donna)
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Request |
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| 136 |
Filed: 1/9/2020, Entered: 1/9/2020 |
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TRANSCRIPT ORDER re: Court of Appeals case number 19-56494, as to Appellants / Defendants City of Fontana, DD72BA1 for Court Reporter. Court will contact Debra Miranda at dmiranda@lynberg.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Cox, Jesse)
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Request |
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| 135 |
Filed: 1/8/2020, Entered: 1/8/2020 |
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DEFENDANTS CITY OF FONTANA AND OFFICER JASON PERNICIAROS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER CERTIFYING DEFENDANTS INTERLOCUTORY APPEAL AS FRIVOLOUS; MEMORANDUM OF POINT AND AUTHORITIES IN OPPOSITION re: EX PARTE APPLICATION to Certify Defendants' interlocutory appeals as frivolous 131 filed by Defendants City of Fontana, DD72BA1. (Cox, Jesse)
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Request |
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| 134 |
Filed: 1/8/2020, Entered: 1/8/2020 |
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OPPOSITION opposition re: EX PARTE APPLICATION to Certify Defendants' interlocutory appeals as frivolous 131 filed by Defendants 792878A, State of California. (Dean, Donna)
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Request |
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| 133 |
Filed: 1/8/2020, Entered: 1/8/2020 |
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DESIGNATION of Record on Appeal by defendants 792878A, State of California re 128 (Dean, Donna)
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Request |
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| 132 |
Filed: 1/8/2020, Entered: 1/8/2020 |
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TRANSCRIPT ORDER re: Court of Appeals case number 19-56517, as to defendants 792878A, State of California for Court Reporter. Court will contact Lisa Martinez at Lisa.Martinez@doj.ca.gov with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dean, Donna)
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Request |
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| 131 |
Filed: 1/7/2020, Entered: 1/7/2020 |
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EX PARTE APPLICATION to Certify Defendants' interlocutory appeals as frivolous filed by PLAINTIFFS A. G., Alexander Herd. (Attachments: # 1 Declaration Renee V. Masongsong, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order) (Masongsong, Renee)
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Request |
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| 130 |
Filed: 12/27/2019, Entered: 1/2/2020 |
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NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56517 assigned to Notice of Appeal to 9th Circuit Court of Appeals 128 as to Defendants 792878A, State of California. (gk)
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Request |
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| 128 |
Filed: 12/26/2019, Entered: 12/26/2019 |
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NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants 792878A, State of California. Appeal of Order on Motion for Summary Judgment,,,,,,, 123 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-25018839.) (Dean, Donna)
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Request |
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| 129 |
Filed: 12/23/2019, Entered: 12/26/2019 |
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NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56494 assigned to Notice of Appeal to 9th Circuit Court of Appeals 124 as to Defendant City of Fontana. (iv)
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Request |
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| 127 |
Filed: 12/20/2019, Entered: 12/20/2019 |
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NOTICE OF ERRATA filed by Defendants City of Fontana, DD72BA1. correcting PETITION for Entry of Judgment pursuant to Rule 54(b) DEFENDANTS CITY OF FONTANA AND DD72BA1 NOTICE OF INTERLOCUTORY APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT; REPRESENTATION STATEMENT 125 (Harrell, S)
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Request |
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Filed: 12/20/2019, Entered: 12/20/2019 |
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FILING FEE PAID for Notice of Appeal to Ninth Circuit Court of Appeals. Receipt No. 0973-24995028 for $505 filing fee. (Cox, Jesse)
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| 126 |
Filed: 12/20/2019, Entered: 12/20/2019 |
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FILING FEE LETTER issued as to Defendants City of Fontana, DD72BA1, re Notice of Appeal to 9th Circuit Court of Appeals 124 . (mat)
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Request |
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| 125 |
Filed: 12/19/2019, Entered: 12/19/2019 |
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PETITION for Entry of Judgment pursuant to Rule 54(b) DEFENDANTS CITY OF FONTANA AND DD72BA1 NOTICE OF INTERLOCUTORY APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT; REPRESENTATION STATEMENT filed by Defendants City of Fontana, DD72BA1. (Cox, Jesse)
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Request |
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| 124 |
Filed: 12/19/2019, Entered: 12/19/2019 |
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NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants City of Fontana, DD72BA1. Appeal of Order on Motion for Summary Judgment,,,,,,, 123 . (Appeal Fee - Fee exempt pursuant to statute). (Cox, Jesse)
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Request |
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| 123 |
Filed: 12/2/2019, Entered: 12/3/2019 |
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ORDER GRANTING IN PART AND DENYING IN PART CITY OF FONTANA AND DD72BA1 MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART STATE OF CALIFORNIA AND 792878A MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: The Court GRANTS in part and DENIES in part Defendants State of California and 792878A motion for summary judgment 90 and GRANTS in part and DENIES in part Defendants City of Fontana and DD72BA1 motion for summary judgment 97 . In particular, the Court GRANTS the motions for summary judgment as to Plaintiffs' second cause of action for denial of medical care, and DENIES the motions for summary judgment as to Plaintiffs' first cause of action for excessive force, third cause of action for interference with familial relations, seventh cause of action for negligence, eighth cause of action for battery, and ninth cause of action for violation of the Bane Act. (gk)
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Request |
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| 122 |
Filed: 11/27/2019, Entered: 11/27/2019 |
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MINUTES (IN CHAMBERS) ORDER GRANTING PARTIES' STIPULATION TO DISMISS COUNTY OF SAN BERNARDINO 111 by Judge Andre Birotte Jr. See document for details. Court Reporter: N/A. (gk)
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Request |
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| 121 |
Filed: 11/8/2019, Entered: 11/12/2019 |
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MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendants State of California's and 792878A Motion for Summary Judgment 90 ; Defendant County of San Bernardino's Motion for Summary Judgment 96 ; Defendants City of Fontana and Officer DD72BA1 Motion for Summary Judgment 97 . The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Lisa Gonzalez. (gk)
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Request |
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| 120 |
Filed: 11/6/2019, Entered: 11/6/2019 |
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ORDER GRANTING JOINT STIPULATION AND REQUEST TO CONTINUE THE HEARING RE: DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: Upon Stipulation 116 , IT IS HEREBY ORDERED that the hearing on Defendants' Motions for Summary Judgment 90 , 96 , 97 be continued to 11/8/2019 at 11:00 AM before Judge Andre Birotte Jr. (gk)
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Request |
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| 119 |
Filed: 11/5/2019, Entered: 11/6/2019 |
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ORDER AMENDING COURT'S ORDER RE: JURY/COURT TRIAL, DOCUMENT NO. 59 by Judge Andre Birotte Jr.: Pursuant to the Joint Stipulation re Dismissal of DefendantCounty of San Bernardino per Fed. R. Civ. P. 41(A)(1)(A)(ii), and Amendment toCourts Order re: Jury/Court Trial, Document No. 59 111 , the Court adopts Paragraph 4 of the parties' Joint Stipulation as its Order. Accordingly, Section III.J., as reflected in the Joint Stipulation, is hereby added to this Court's Order re: Jury/Court Trial, filed with the Clerk of this Court as Document No. 59 . (gk)
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Request |
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| 118 |
Filed: 11/4/2019, Entered: 11/4/2019 |
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RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Stipulation filed 10/24/2019 111 . Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (gk)
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Request |
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| 117 |
Filed: 11/4/2019, Entered: 11/4/2019 |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Party 111 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at AB_chambers@cacd.uscourts.gov in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. 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. (gk)
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Request |
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| 116 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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STIPULATION to Continue THE HEARING RE: DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT from 10:00 a.m. on November 8, 2019 to 11:00 a.m. on November 8, 2019 Re: NOTICE OF MOTION AND MOTION for Summary Judgment 90 , NOTICE OF MOTION AND MOTION for Summary Judgment as to DEFENDANT COUNTY OF SAN BERNARDINO'S NOTICE OF MOTION + MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION; MEMORANDUM OF POINTS + AUTHORITIES NOTICE OF MOTION AND MOTION for Summary Judgment as to DEFENDANT COUNTY OF SAN BERNARDINO'S NOTICE OF MOTION + MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION; MEMORANDUM OF POINTS + AUTHORITIES NOTICE OF MOTION AND MOTION for Summary Judgment as to DEFENDANT COUNTY OF SAN BERNARDINO'S NOTICE OF MOTION + MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION; MEMORANDUM OF POINTS + AUTHORITIES 96 filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Proposed Order)(Galipo, Dale)
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Request |
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| 115 |
Filed: 10/29/2019, Entered: 10/29/2019 |
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NOTICE OF LODGING filed OF [PROPOSED] ORDER AMENDING COURT'S ORDER RE: JURY/COURT TRIAL, DOCUMENT NO. 59 re Scheduling Order,,,, Set/Reset Deadlines/Hearings,,, 59 (Attachments: # 1 Proposed Order Amending Court's ORder Re: Jury/Court Trial - Document No. 59)(Kotkin, Edward)
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Request |
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| 114 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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REPLY REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Summary Judgment as to Third Amended Complaint 97 filed by Defendants City of Fontana, DD72BA1. (Attachments: # 1 DEFENDANT CITY OF FONTANA AND OFFICER DD72BA1 RESPONSE TO PLAINTIFFS' SEPARATE STATEMENT OF ADDITIONAL UNDISPUTED MATERIAL FACTS, # 2 DEFENDANT CITY OF FONTANA AND DD72BA1 OBJECTIONS TO PLAINTIFFS' EVIDENCE OFFERED IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, # 3 Declaration SUPPLEMENTAL DECLARATION OF DONNA DEAN)(Harrell, S)
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Request |
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| 112 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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REPLY Memorandum of Points and Authorities in Support of NOTICE OF MOTION AND MOTION for Summary Judgment 90 filed by Defendants 792878A, State of California. (Attachments: # 1 Reply to Plaintiffs' Statement of Additional Facts, # 2 Objections to Plaintiffs' Evidence in Opposition to Motion for Summary Judgment, # 3 Declaration of Donna M. Dean in Support (Supplemental))(Dean, Donna)
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Request |
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 113 |
Filed: 10/24/2019, Entered: 10/25/2019 |
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ORDER GRANTING PLAINTIFFS APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Andre Birotte Jr: IT IS HEREBY ORDERED that the following documents be filed under seal: (1)792878A Initial Interview identified as Exhibit 3 to the Declaration of Renee V. Masongsong; (2) DD72BA1 Interview Identified as Exhibit 4 to the Declaration of Renee V. Masongsong. (SEE ORDER FOR FURTHER DETAILS) (yl)
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| 111 |
Filed: 10/24/2019, Entered: 10/24/2019 |
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Joint STIPULATION to Dismiss DEFENDANT County of San Bernardino filed by DEFENDANT County of San Bernardino.(Kotkin, Edward)
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Request |
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| 110 |
Filed: 10/22/2019, Entered: 10/22/2019 |
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DECLARATION of Donna M. Dean support APPLICATION to file document LAW ENFORCEMENT INTERVIEWS under seal 105 filed by Defendants 792878A, State of California. (Dean, Donna)
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Request |
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| 109 |
Filed: 10/22/2019, Entered: 10/22/2019 |
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NOTICE of Manual Filing filed by Defendants 792878A, State of California of audio recordings. (Dean, Donna)
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Request |
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| 107 |
Filed: 10/21/2019, Entered: 10/21/2019 |
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PROOF OF SERVICE filed by Plaintiffs A. G., Alexander Herd, re Sealed Declaration in SupportDeclaration 106 served on October 21, 2019. (Galipo, Dale)
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Request |
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| 106 |
Filed: 10/21/2019, Entered: 10/21/2019 |
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SEALED DECLARATION IN SUPPORT OF APPLICATION to file document LAW ENFORCEMENT INTERVIEWS under seal 105 filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4)(Galipo, Dale)
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| 108 |
Filed: 10/18/2019, Entered: 10/21/2019 |
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ORDER GRANTING JOINT STIPULATION TO EXTEND THE EXPERT DISCOVERY CUTOFF by Judge Andre Birotte Jr. GOOD CAUSE appearing, it is hereby ordered that the current October 18, 2019 expert discovery cutoff date is continued to November 22, 2019. IT IS SO ORDERED. (yl)
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Request |
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| 105 |
Filed: 10/18/2019, Entered: 10/18/2019 |
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APPLICATION to file document LAW ENFORCEMENT INTERVIEWS under seal filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Proposed Order)(Masongsong, Renee)
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Request |
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| 104 |
Filed: 10/18/2019, Entered: 10/18/2019 |
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|
opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Third Amended Complaint 97 filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Supplement separate statement, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Galipo, Dale)
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Request |
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| 103 |
Filed: 10/18/2019, Entered: 10/18/2019 |
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|
Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment 90 filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Declaration Roger Clark, # 2 Declaration Alex Herd, # 3 Declaration Austin Banuelos, # 4 Supplement Separate Statement, # 5 Declaration Renee V. Masongsong, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8)(Galipo, Dale)
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Request |
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| 102 |
Filed: 10/16/2019, Entered: 10/17/2019 |
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ORDER SEALING EXHIBITS by Judge Andre Birotte Jr: IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 79 and Central District Local Rule 79-5, the following documents submitted in support of Defendants Motions for Summary Judgment, or, in the Alternative, Summary Adjudication be filed and remain under seal (See order for further details) (yl)
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Request |
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| 101 |
Filed: 10/11/2019, Entered: 10/11/2019 |
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Joint STIPULATION to Continue Expert Discovery Cut-Off filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Proposed Order)(Galipo, Dale)
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Request |
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| 100 |
Filed: 10/8/2019, Entered: 10/8/2019 |
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|
MEDIATION REPORT Filed by Mediator (ADR Panel) 44777CE: Mediation held on October 1, 2019. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(44777CE)
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Request |
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| 99 |
Filed: 10/4/2019, Entered: 10/4/2019 |
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REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Third Amended Complaint 97 filed by Defendants City of Fontana, DD72BA1. (Harrell, S)
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Request |
|
|
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| 98 |
Filed: 10/4/2019, Entered: 10/4/2019 |
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|
STATEMENT of SEPARATE STATEMENT OF UNCONTROVERTED FACTS NOTICE OF MOTION AND MOTION for Summary Judgment as to Third Amended Complaint 97 filed by Defendants City of Fontana, DD72BA1. (Harrell, S)
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Request |
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| 97 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
NOTICE OF MOTION AND MOTION for Summary Judgment as to Third Amended Complaint filed by Defendants City of Fontana, DD72BA1. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration Declaration of 792878A in Support of Motion for Summary Judgment, # 2 Declaration Declaration of Chuck Phillips in Support of Motion for Summary Judgment, # 3 Declaration Declaration of Jason Droll in Support of Motion for Summary Judgment, # 4 Declaration Declaration of DD72BA1 in Support of Motion for Summary Judgment, # 5 Declaration Declaration of Jesse K. Cox in Support of Motion for Summary Judgment, # 6 Declaration Declaration of Justin Long in Support of Motion for Summary Judgment, # 7 Declaration Declaration of Louis Peck in Support of Motion for Summary Judgment, # 8 Declaration Declaration of Luke Haag in Support of Motion for Summary Judgment, # 9 Declaration Declaration of Mary Durbin in Support of Motion for Summary Judgment, # 10 Declaration Declaration of Olivia Dunlop in Support of Motion for Summary Judgment, # 11 Declaration Declaration S. Frank Harrell in Support of Motion for Summary Judgment, # 12 Declaration Declaration of Vina Spiehler in Support of Motion for Summary Judgment) (Harrell, S)
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Request |
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| 96 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
NOTICE OF MOTION AND MOTION for Summary Judgment as to DEFENDANT COUNTY OF SAN BERNARDINO'S NOTICE OF MOTION + MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION; MEMORANDUM OF POINTS + AUTHORITIES filed by DEFENDANTS County of San Bernardino. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Exhibit STATEMENT OF UNCONTROVERTED FACTS + CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 2 Declaration DECLARATION OF MARC BRACCO, # 3 Declaration DECLARATION OF EDWARD Z. KOTKIN, # 4 Exhibit PROPOSED ORDER) (Kotkin, Edward)
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Request |
|
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| 95 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
NOTICE of Manual Filing filed by Defendants 792878A, State of California of DVDs. (Dean, Donna)
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Request |
|
|
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| 94 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 88 filed by Defendants 792878A, State of California. (Attachments: # 1 Unredacted Document)(Dean, Donna)
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|
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| 93 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
DECLARATION of Olivia Dunlop support APPLICATION to file document under seal 88 filed by Defendants 792878A, State of California. (Dean, Donna)
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Request |
|
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| 92 |
Filed: 10/4/2019, Entered: 10/4/2019 |
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|
DECLARATION of VINA SPIEHLER, PH.D. and JASON DROLL, PH.D. support NOTICE OF MOTION AND MOTION for Summary Judgment 90 filed by Defendants 792878A, State of California. (Attachments: # 1 Declaration J. Droll, # 2 Declaration V. Spiehler)(Dean, Donna)
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Request |
|
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| 91 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
STATEMENT of UNDISPUTED FACTS AND CONCLUSIONS OF LAW NOTICE OF MOTION AND MOTION for Summary Judgment 90 filed by Defendants 792878A, State of California. (Dean, Donna)
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Request |
|
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|
| 90 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
NOTICE OF MOTION AND MOTION for Summary Judgment filed by defendants 792878A, State of California. Motion set for hearing on 11/8/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order, # 2 [Proposed] Judgment, # 3 Declaration of Donna M. Dean, # 4 Declaration of O. Dunlop, # 5 Declaration of 792878A, # 6 Declaration DD72BA1, # 7 Declaration J. Long, # 8 Declaration C. Phillips, # 9 Declaration L. Hagen, # 10 Declaration M. Burbin, # 11 Declaration M. Pastor, # 12 Declaration L. Peck, # 13 Request for Judicial Notice) (Dean, Donna)
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Request |
|
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| 89 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
NOTICE OF WITHDRAWAL OF DOCUMENT 88-4 FROM THE COURT DOCKET filed by defendants 792878A, State of California. (Dean, Donna)
|
|
Request |
|
|
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| 88 |
Filed: 10/4/2019, Entered: 10/4/2019 |
|
|
APPLICATION to file document under seal filed by Defendants 792878A, State of California. (Attachments: # 1 Proposed Order, # 2 Declaration of Long, # 3 Declaration of Phillips, # 4 Declaration of Dunlop)(Dean, Donna)
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|
Request |
|
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|
| 87 |
Filed: 10/3/2019, Entered: 10/3/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Wendy E Schultz counsel for Defendant County of San Bernardino. Adding Wendy E. Schultz as counsel of record for County of San Bernardino for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino. (Attorney Wendy E Schultz added to party County of San Bernardino(pty:dft))(Schultz, Wendy)
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Request |
|
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| 86 |
Filed: 9/24/2019, Entered: 9/25/2019 |
|
|
ORDER ON SECOND STIPULATION TO MODIFY SCHEDULING ORDER RE DISCOVERY by Judge Andre Birotte Jr.: The Court hereby grants the Second Stipulation 85 and continues the non-expert discovery cut-off to 10/31/2019. (gk)
|
|
Request |
|
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| 85 |
Filed: 9/23/2019, Entered: 9/23/2019 |
|
|
Second STIPULATION to Extend Discovery Cut-Off Date to October 31, 2019 filed by Defendants City of Fontana, DD72BA1. (Attachments: # 1 Declaration Declaration of Jesse K. Cox in Support of Second Stipulation to Modify Scheduling Order re Discovery Cut-Off, # 2 Proposed Order [Proposed] Order on Second Stipulation to Modify Scheduling Order re Discovery)(Cox, Jesse)
|
|
Request |
|
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| 84 |
Filed: 8/30/2019, Entered: 9/3/2019 |
|
|
ORDER ON STIPULATION TO MODIFY THE DISCOVERY CUT-OFF DATES by Judge Andre Birotte Jr.: Upon Stipulation 82 , the Court continues the non-expert discovery cut-off to 9/23/2019. (gk)
|
|
Request |
|
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| 83 |
Filed: 8/27/2019, Entered: 8/27/2019 |
|
|
DECLARATION of S. Frank Harrell in Support of the Stipulation to Modify the Court Order re Discovery Cut-Off Dates filed by Defendant City of Fontana. (Harrell, S)
|
|
Request |
|
|
|
| 82 |
Filed: 8/23/2019, Entered: 8/23/2019 |
|
|
STIPULATION to Extend Discovery Cut-Off Date to September 23, 2019 filed by Defendants City of Fontana, DD72BA1. (Attachments: # 1 Proposed Order)(Harrell, S)
|
|
Request |
|
|
|
| 81 |
Filed: 6/24/2019, Entered: 6/24/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Jesse Keenon Cox counsel for Defendant City of Fontana. Camille Sespene is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants City of Fontana and DD72BA1. (Cox, Jesse)
|
|
Request |
|
|
|
| 80 |
Filed: 6/12/2019, Entered: 6/12/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Laurel Ann Hoehn counsel for Defendant County of San Bernardino. Teresa M. McGowan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino. (Hoehn, Laurel)
|
|
Request |
|
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|
| 79 |
Filed: 6/12/2019, Entered: 6/12/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Laurel Ann Hoehn counsel for Defendant County of San Bernardino. Adding Laurel Ann Hoehn as counsel of record for County of San Bernardino for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino. (Attorney Laurel Ann Hoehn added to party County of San Bernardino(pty:dft))(Hoehn, Laurel)
|
|
Request |
|
|
|
| 78 |
Filed: 6/7/2019, Entered: 6/7/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Shannon Lin Gustafson counsel for Defendant County of San Bernardino. Shannon L. Gustafson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino. (Gustafson, Shannon)
|
|
Request |
|
|
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| 77 |
Filed: 6/6/2019, Entered: 6/6/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Edward Z Kotkin counsel for Defendant County of San Bernardino. Adding EDWARD Z. KOTKIN as counsel of record for COUNTY OF SAN BERNARDINO for the reason indicated in the G-123 Notice. Filed by DEFENDANT COUNTY OF SAN BERNARDINO. (Attorney Edward Z Kotkin added to party County of San Bernardino(pty:dft))(Kotkin, Edward)
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Request |
|
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| 76 |
Filed: 2/12/2019, Entered: 2/12/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Teresa M McGowan counsel for Defendant County of San Bernardino. James H. Thebeau is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino. (McGowan, Teresa)
|
|
Request |
|
|
|
| 75 |
Filed: 2/12/2019, Entered: 2/12/2019 |
|
|
Notice of Appearance or Withdrawal of Counsel: for attorney Teresa M McGowan counsel for Defendant County of San Bernardino. Adding Teresa M. McGowan as counsel of record for County of San Bernardino for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino. (Attorney Teresa M McGowan added to party County of San Bernardino(pty:dft))(McGowan, Teresa)
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|
Request |
|
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|
| 74 |
Filed: 10/10/2018, Entered: 10/11/2018 |
|
|
ORDER DISMISSING THE FOURTH, FIFTH, AND SIXTH CLAIMS OF THE THIRD AMENDED COMPLAINT AGAINST THE COUNTY OF SAN BERNARDINO by Judge Andre Birotte Jr.: Pursuant to the Stipulation of all parties under Fed. R. Civ. P., Rule 41(a)(1)(A)(ii) 73 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED: The Fourth, Fifth and Sixth Claims for Relief of the Third Amended Complaint are hereby dismissed, without prejudice, as against defendant County of San Bernardino. (gk)
|
|
Request |
|
|
|
| 73 |
Filed: 10/5/2018, Entered: 10/5/2018 |
|
|
STIPULATION for Order Dismissing Fourth, Fifth and Sixth Claims of the Third Amended Complaint Against the County of San Bernardino filed by Defendant County of San Bernardino. (Attachments: # 1 Proposed Order Dismissing Fourth, Fifth and Sixth Claims of the Third Amended Complaint Against the County of San Bernardino)(Thebeau, James)
|
|
Request |
|
|
|
| 72 |
Filed: 9/17/2018, Entered: 9/17/2018 |
|
|
ORDER DENYING DEFENDANTS' MOTION TO STAY DISCOVERY 67 by Judge Andre Birotte Jr. See document for details. (gk)
|
|
Request |
|
|
|
| 71 |
Filed: 9/14/2018, Entered: 9/14/2018 |
|
|
MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendants' Joint Motion to Stay Discovery 67 . The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk)
|
|
Request |
|
|
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| 70 |
Filed: 9/13/2018, Entered: 9/13/2018 |
|
|
(IN CHAMBERS) ORDER ADVANCING DEFENDANTS' JOINT MOTION TO STAY DISCOVERY 67 by Judge Andre Birotte Jr. This Court, on its own motion, hereby ADVANCES the motion hearing time from 10:00 am to 9:00 am on Friday, September 14, 2018, before Judge Andre Birotte Jr. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
|
|
|
|
|
|
| 69 |
Filed: 8/31/2018, Entered: 8/31/2018 |
|
|
REPLY In Support Of NOTICE OF MOTION AND MOTION MOTION for Consideration of STAY DISCOVERY 67 filed by Defendants City of Fontana, DD72BA1. (Attachments: # 1 Declaration)(Cox, Jesse)
|
|
Request |
|
|
|
| 68 |
Filed: 8/24/2018, Entered: 8/24/2018 |
|
|
OPPOSITION to NOTICE OF MOTION AND MOTION MOTION for Consideration of STAY DISCOVERY 67 filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Declaration of Renee V. Masongsong, # 2 Exhibit A to Masongsong Declaration)(Galipo, Dale)
|
|
Request |
|
|
|
| 67 |
Filed: 8/9/2018, Entered: 8/9/2018 |
|
|
NOTICE OF MOTION AND MOTION MOTION for Consideration of STAY DISCOVERY filed by Defendants City of Fontana, DD72BA1. Motion set for hearing on 9/14/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration, # 2 Proposed Order) (Cox, Jesse)
|
|
Request |
|
|
|
| 66 |
Filed: 7/17/2018, Entered: 7/17/2018 |
|
|
ANSWER to Amended Complaint/Petition 44 filed by Defendants City of Fontana, DD72BA1.(Cox, Jesse)
|
|
Request |
|
|
|
| 65 |
Filed: 7/16/2018, Entered: 7/16/2018 |
|
|
NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) 44777CE has been assigned to serve as Panel Mediator. (mb)
|
|
Request |
|
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| 64 |
Filed: 7/3/2018, Entered: 7/3/2018 |
|
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS CITY OF FONTANA AND DD72BA1 MOTION TO DISMISS AND/OR STRIKE PORTIONS THE THIRD AMENDED COMPLAINT by Judge Andre Birotte Jr.: The Court GRANTS in part and DENIES in part Defendants City of Fontana and DD72BA1 Motion to Dismiss and/or Strike Portions of Plaintiffs Alexander Herd and A.G.'s Third Amended Complaint 54 . the Court GRANTS Defendants' Motion to Dismiss Plaintiffs' Fourth, Fifth, and Sixth Claims. The material Defendants ask the Court to strike has already been stricken, and Plaintiff is advised to remove it from any future-filed pleadings. Although this is Plaintiffs fourth attempt to plead adequate claims, the Court understands that some information may simply be unavailable to Plaintiffs at this juncture. Thus, Plaintiffs' Fourth, Fifth, and Sixth Claims are DISMISSED as to Defendants City of Fontana and DD72BA1. Plaintiff may seek permission from the Court to file an amended complaint at a later date if facts supporting these claims come to light. (gk)
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Request |
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| 63 |
Filed: 6/29/2018, Entered: 6/29/2018 |
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|
MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendants City of Fontana and DD72BA1 Motion to Dismiss and/or Strike Portions of Plaintiffs' Third Amended Complaint 54 . The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Lisa Gonzalez. (gk)
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Request |
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| 62 |
Filed: 6/15/2018, Entered: 6/15/2018 |
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REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Portions of Plaintiff's Third Amended Complaint; Declaration of Camille A. Sespene in Support Thereof; Exhibits and Proposed Order 54 filed by Defendants City of Fontana, DD72BA1. (Cox, Jesse)
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Request |
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| 61 |
Filed: 6/8/2018, Entered: 6/8/2018 |
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OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Portions of Plaintiff's Third Amended Complaint; Declaration of Camille A. Sespene in Support Thereof; Exhibits and Proposed Order 54 filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Declaration)(Masongsong, Renee)
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Request |
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| 60 |
Filed: 6/1/2018, Entered: 6/4/2018 |
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MINUTES (IN CHAMBERS) ORDER Denying Plaintiff's Ex Parte Application by Judge Andre Birotte Jr.: Plaintiffs' Ex Parte Application to deem their Third Amended Complaint timely filed and permit them to file a fourth amended complaint 52 . Defendants City of Fontana and DD72BA1 oppose the application on the grounds that there is no emergency requiring ex parte relief. Defendants also note that the Court will decide the issue when it rules on Defendant's properly noticed motion to dismiss, which is set for hearing on 6/29/2018. Plaintiffs' application must be DENIED. Plaintiffs have failed to show they will suffer prejudice if this issue is not decided immediately. There is no reason this issue cannot be decided on or before 6/29/2018 when the Court issues its ruling on Defendants motion to dismiss. Court Reporter: N/A. (gk)
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Request |
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| 59 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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ORDER RE JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 2/18/2020 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference set for 1/31/2020 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 9/28/2018. Non-Expert Discovery cut-off 8/23/2019. Last Date to Hear Motions 11/8/2019. Deadline to Complete Settlement Conference 11/22/2019. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 1/10/2020. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference due by 1/17/2020. See document for further details. (gk)
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Request |
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| 58 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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OPPOSITION to EX PARTE APPLICATION for Order for deeming Plaintiffs' Third Amended Complaint Timely and Allowing Plaintiff to file a Fourth Amended Complaint 52 filed by Defendants City of Fontana, DD72BA1. (Attachments: # 1 Declaration)(Cox, Jesse)
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Request |
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| 57 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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NOTICE OF ERRATA filed by Plaintiffs A. G., Alexander Herd. correcting EX PARTE APPLICATION for Order for deeming Plaintiffs' Third Amended Complaint Timely and Allowing Plaintiff to file a Fourth Amended Complaint 52 (Attachments: # 1 Exhibit)(Masongsong, Renee)
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Request |
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| 56 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/22/2019. (rfi)
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Request |
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| 55 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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|
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the June 8, 2018, Scheduling Conference. Order re Jury Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| 54 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Portions of Plaintiff's Third Amended Complaint; Declaration of Camille A. Sespene in Support Thereof; Exhibits and Proposed Order filed by Defendants City of Fontana, DD72BA1. Motion set for hearing on 6/29/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Warrant) (Sespene, Camille)
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Request |
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| 53 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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|
DECLARATION of Renee V. Masongsong Support of EX PARTE APPLICATION for Order for deeming Plaintiffs' Third Amended Complaint Timely and Allowing Plaintiff to file a Fourth Amended Complaint 52 filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Exhibit "A" (Proposed 4AC), # 2 Exhibit B, # 3 Exhibit C)(Masongsong, Renee)
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Request |
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| 52 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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EX PARTE APPLICATION for Order for deeming Plaintiffs' Third Amended Complaint Timely and Allowing Plaintiff to file a Fourth Amended Complaint filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Proposed Order) (Masongsong, Renee)
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Request |
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| 51 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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|
Notice of Appearance or Withdrawal of Counsel: for attorney Shannon Lin Gustafson counsel for Defendant County of San Bernardino. Adding Shannon L. Gustafson as counsel of record for County of San Bernardino for the reason indicated in the G-123 Notice. Filed by Defendant County of San Bernardino. (Attorney Shannon Lin Gustafson added to party County of San Bernardino(pty:dft))(Gustafson, Shannon)
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Request |
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| 50 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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|
ANSWER to Amended Complaint/Petition 44 to Third Amended Complaint filed by Defendant County of San Bernardino.(Thebeau, James)
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Request |
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| 49 |
Filed: 5/25/2018, Entered: 5/25/2018 |
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|
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiffs A. G., Alexander Herd.. (Attachments: # 1 Exhibit A (Schedule of Dates))(Masongsong, Renee)
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Request |
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| 48 |
Filed: 5/24/2018, Entered: 5/24/2018 |
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|
21-Day Summons Issued re Third Amended Complaint 44 as to Defendants County of San Bernardino, City of Fontana, State of California, 792878A, DD72BA1, and Does 1-10, inclusive. (gk)
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Request |
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| 47 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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|
ANSWER to Amended Complaint/Petition 44 with JURY DEMAND filed by Defendants 792878A, State of California.(Dean, Donna)
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Request |
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| 46 |
Filed: 5/18/2018, Entered: 5/18/2018 |
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|
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 45 . The following error(s) was found: Please be sure to indicate "Summons on 3rd Amended Complaint" on your summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (yl)
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| 45 |
Filed: 5/15/2018, Entered: 5/15/2018 |
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|
Request for Clerk to Issue Summons on Amended Complaint/Petition 44 filed by Plaintiffs A. G., Alexander Herd. (Galipo, Dale)
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Request |
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| 44 |
Filed: 5/14/2018, Entered: 5/14/2018 |
|
|
THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 33 , filed by Plaintiffs Alexander Herd, A. G.(Masongsong, Renee)
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Request |
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| 43 |
Filed: 4/27/2018, Entered: 4/30/2018 |
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|
ORDER RE DEFENDANTS CITY OF FONTANA AND DD72BA1 MOTION TO DISMISS AND/OR STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT by Judge Andre Birotte Jr.: Defendants City of Fontana and DD72BA1 Motion to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint, and/or Motion for a More Definite Statement 37 is GRANTED in part and DENIED in part. Defendants' Request for a More Definite Statement is DENIED. Defendants' Motion to Dismiss and/or Strike Portions of Plaintiffs' SAC is GRANTED in part and DENIED in part. Plaintiffs' first and second claims are DISMISSED as to Plaintiff A.G.'s individual claims only. Plaintiffs' fourth, fifth, and sixth claims are DISMISSED. Plaintiffs' seventh, eighth, and ninth claims are DISMISSED as to Plaintiff A.G.'s individual claims only. Plaintiffs' tenth claim is DISMISSED. References to wrongful death damages are STRICKEN from paragraphs 43 and 61, and references to decedent's pain and suffering are STRICKEN from paragraphs 112, 127, and 145. Plaintiffs may attempt to cure the deficiencies outlined above by filing a third amended complaint within 14 days of this Order. (gk)
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Request |
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| 42 |
Filed: 4/26/2018, Entered: 4/26/2018 |
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|
(IN CHAMBERS) ORDER TAKING DEFENDANTS CITY OF FONTANA AND DD72BA1 MOTION TO DISMISS AND/OR STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT AND/OR FOR A MORE DEFINITE STATEMENT (DKT. 37 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on April 27, 2018, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| 41 |
Filed: 4/17/2018, Entered: 4/17/2018 |
|
|
STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
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Request |
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| 40 |
Filed: 4/13/2018, Entered: 4/13/2018 |
|
|
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Defendants City of Fontana and DD72BA1 Motion to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint pursuant to FRCP 12(b)(6) and 12(f), and/or for a More Definite 37 filed by Defendants City of Fontana, DD72BA1. (Cox, Jesse)
|
|
Request |
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| 39 |
Filed: 4/13/2018, Entered: 4/13/2018 |
|
|
REQUEST for Protective Order for Discovery filed by Defendants 792878A, State of California. (Dean, Donna)
|
|
Request |
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|
| Save 25% on a pre-paid one year subscription. |
|
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| 38 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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|
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case Defendants City of Fontana and DD72BA1 Motion to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint pursuant to FRCP 12(b)(6) and 12(f), and/or for a More Definite 37 filed by Plaintiffs A. G., Alexander Herd. (Attorney Renee V Masongsong added to party A. G.(pty:pla), Attorney Renee V Masongsong added to party Alexander Herd(pty:pla))(Masongsong, Renee)
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|
Request |
|
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|
| 37 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
NOTICE OF MOTION AND MOTION to Dismiss Case Defendants City of Fontana and DD72BA1 Motion to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint pursuant to FRCP 12(b)(6) and 12(f), and/or for a More Definite Statement Pursuant to FRCP 8 and 12(e) filed by Defendants City of Fontana, DD72BA1. Motion set for hearing on 4/27/2018 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Sespene, Camille)
|
|
Request |
|
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| 36 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
ANSWER to Amended Complaint/Petition 33 filed by Defendant County of San Bernardino.(Thebeau, James)
|
|
Request |
|
|
|
| 35 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
|
ANSWER to Amended Complaint/Petition 33 with JURY DEMAND filed by Defendants 792878A, State of California.(Dean, Donna)
|
|
Request |
|
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| 34 |
Filed: 3/22/2018, Entered: 3/23/2018 |
|
|
ORDER by Magistrate Judge Sheri Pym GRANTING 31 APPLICATION to Appoint Guardian ad Litem. Appointing Amanda Addington as Guardian ad Litem for A.G. IT IS SO ORDERED. (ad)
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|
Request |
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| 33 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
Second AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) 1 , Amended Complaint/Petition 15 , filed by Plaintiffs Alexander Herd, A. G.(Galipo, Dale)
|
|
Request |
|
|
|
| 32 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
DECLARATION of Amanda Addington as Guardian ad Litem for Minor Plaintiff A.G., Successor in Interest to James Gleason filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Exhibit A)(Galipo, Dale)
|
|
Request |
|
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|
| 31 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
APPLICATION for Appointment of Amanda Addington as Guardian ad Litem for A.G. filed by Plaintiffs A. G., Alexander Herd. (Attachments: # 1 Consent of Nominee Amanda Addington) (Galipo, Dale)
|
|
Request |
|
|
|
| 30 |
Filed: 2/22/2018, Entered: 2/22/2018 |
|
|
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 6/8/2018 at 10:00 AM before Judge Andre Birotte Jr. (cb)
|
|
Request |
|
|
|
| 29 |
Filed: 2/21/2018, Entered: 2/21/2018 |
|
|
ORDER RE STIPULATION RE DEFENDANTS CITY OF FONTANA AND DD72BA1 RESPONSE TO FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr, re Stipulation 26 IT IS SO ORDERED that Defendants are not required to respond to Plaintiffs'First Amended Complaint by February 16, 2018. IT IS FURTHER ORDERED thatin the event Plaintiffs do not agree to voluntarily file a Second Amended Complaint, Defendants' responsive pleading to Plaintiffs' First Amended Complaint is due on or by March 16, 2018. (rfi)
|
|
Request |
|
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| 28 |
Filed: 2/21/2018, Entered: 2/21/2018 |
|
|
ORDER RE JOINT STIPULATION RE DEFENDANTS STATE OF CALIFORNIA'S AND 792878A RESPONSE TO FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr, re Stipulation 25 IT IS SO ORDERED that Defendants are not required to respond to Plaintiffs' First Amended Complaint by February 23, 2018. IT IS FURTHER ORDERED that in the event Plaintiffs do not agree to voluntarily file a Second Amended Complaint, Defendants' responsive pleading to Plaintiffs' First Amended Complaint is due on or by March 27, 2018. (rfi)
|
|
Request |
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| 27 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
|
ANSWER to Amended Complaint/Petition 15 filed by Defendant County of San Bernardino.(Attorney James H Thebeau added to party County of San Bernardino(pty:dft))(Thebeau, James)
|
|
Request |
|
|
|
| 26 |
Filed: 2/15/2018, Entered: 2/15/2018 |
|
|
STIPULATION for Extension of Time to File Answer to March 16, 2018 filed by Defendants City of Fontana, DD72BA1. (Attachments: # 1 Proposed Order Re Joint Stipulation re Defendants City of Fontana and DD72BA1 Response to First Amended Complaint)(Cox, Jesse)
|
|
Request |
|
|
|
| 25 |
Filed: 2/15/2018, Entered: 2/15/2018 |
|
|
STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition 15 filed by Defendant 792878A, State of California. (Attachments: # 1 Proposed Order)(Dean, Donna)
|
|
Request |
|
|
|
| 24 |
Filed: 1/25/2018, Entered: 1/25/2018 |
|
|
ORDER GRANTING EXTENSION OF TIME TO RESPOND TO COMPLAINT by Judge Andre Birotte Jr. GOOD CAUSE APPEARING, the Stipulation to Extend Time to Respond to Complaint 19 is granted. Defendants State of California and 792878A shall have until February 23, 2018, to file a responsive pleading. (iv)
|
|
Request |
|
|
|
| 23 |
Filed: 1/25/2018, Entered: 1/25/2018 |
|
|
CERTIFICATE of Interested Parties filed by Defendants City of Fontana, DD72BA1, (Cox, Jesse)
|
|
Request |
|
|
|
| 22 |
Filed: 1/25/2018, Entered: 1/25/2018 |
|
|
STIPULATION Extending Time to Answer the complaint as to DD72BA1 answer now due 2/28/2018; City of Fontana answer now due 3/2/2018, re Complaint (Attorney Civil Case Opening) 1 filed by Defendants DD72BA1; City of Fontana.(Attorney Jesse Keenon Cox added to party City of Fontana(pty:dft), Attorney Jesse Keenon Cox added to party DD72BA1(pty:dft))(Cox, Jesse)
|
|
Request |
|
|
|
| 21 |
Filed: 1/24/2018, Entered: 1/24/2018 |
|
|
21-Day Summons Issued re First Amended Complaint 15 as to Defendants County of San Bernardino, City of Fontana, State of California, 792878A, DD72BA1, and Does 1-10. (gk)
|
|
Request |
|
|
|
| 20 |
Filed: 1/23/2018, Entered: 1/23/2018 |
|
|
NOTICE of Appearance filed by attorney Donna M Dean on behalf of Defendants 792878A, State of California (Dean, Donna)
|
|
Request |
|
|
|
| 19 |
Filed: 1/23/2018, Entered: 1/23/2018 |
|
|
STIPULATION Extending Time to Answer the complaint as to State of California answer now due 2/23/2018; 792878A answer now due 2/23/2018, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant State of California; 792878A. (Attachments: # 1 Proposed Order)(Dean, Donna)
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|
Request |
|
|
|
| 18 |
Filed: 1/23/2018, Entered: 1/23/2018 |
|
|
NOTICE of Interested Parties filed by Defendants 792878A, State of California, identifying State of California acting by and through the California Highway Patrol;; 792878A. (Attorney Donna M Dean added to party 792878A(pty:dft), Attorney Donna M Dean added to party State of California(pty:dft))(Dean, Donna)
|
|
Request |
|
|
|
| 17 |
Filed: 1/22/2018, Entered: 1/22/2018 |
|
|
Request for Clerk to Issue Summons on Amended Complaint/Petition 15 filed by Plaintiff Alexander Herd. (Galipo, Dale)
|
|
Request |
|
|
|
| 16 |
Filed: 1/18/2018, Entered: 1/18/2018 |
|
|
AMENDED NOTICE of Interested Parties filed by Plaintiff Alexander Herd, (Galipo, Dale)
|
|
Request |
|
|
|
| 15 |
Filed: 1/18/2018, Entered: 1/18/2018 |
|
|
First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) 1 , filed by Plaintiff Alexander Herd(Galipo, Dale)
|
|
Request |
|
|
|
| 14 |
Filed: 12/29/2017, Entered: 12/29/2017 |
|
|
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (iv)
|
|
Request |
|
|
|
| 13 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants 792878A, DD72BA1. (car)
|
|
Request |
|
|
|
| 12 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant State of California. (car)
|
|
Request |
|
|
|
| 11 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant City of Fontana. (car)
|
|
Request |
|
|
|
| 10 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant County of San Bernardino. (car)
|
|
Request |
|
|
|
| 9 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
|
|
Request |
|
|
|
| 8 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Sheri Pym. (car)
|
|
Request |
|
|
|
| 7 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Alexander Herd. (Galipo, Dale)
|
|
Request |
|
|
|
| 6 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Alexander Herd. (Galipo, Dale)
|
|
Request |
|
|
|
| 5 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Alexander Herd. (Galipo, Dale)
|
|
Request |
|
|
|
| 4 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Alexander Herd. (Galipo, Dale)
|
|
Request |
|
|
|
| 3 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
NOTICE of Interested Parties filed by Plaintiff Alexander Herd, (Galipo, Dale)
|
|
Request |
|
|
|
| 2 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
CIVIL COVER SHEET filed by Plaintiff Alexander Herd. (Galipo, Dale)
|
|
Request |
|
|
|
| 1 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
COMPLAINT Receipt No: 0973-21021741 - Fee: $400, filed by Plaintiff Alexander Herd. (Attorney Dale K Galipo added to party Alexander Herd(pty:pla))(Galipo, Dale)
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|
Request |
|
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