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 70 |
Filed: 7/9/2012, Entered: None |
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MINUTES OF HEARING ON MANDATE U.S.C.A. 9th Circuit Remanding held before Judge Manuel L. Real: The Mandate of the U.S.C.A. 9th Circuit is filed and spread upon the minutes of this Court. As the Supereme Court has upheld the ruling of this Court granting Summary Judgment as to all defendants on March 9, 2009, the ruling stands and there is nothing further for this Court to rule on in the matter.Court Reporter: Sheri Kleeger. (bp) (Entered: 07/10/2012)
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 69 |
Filed: 6/21/2012, Entered: None |
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MINUTE ORDER (IN CHAMBERS) SETTING HEARING ON FILING AND SPREADING OF MANDATE OF U.S.C.A. 9TH CIRCUIT 68 by Judge Manuel L. Real: The Court now sets a hearing on July 9, 2012 at 10:00 a.m. on the Mandate of the U.S.C.A. 9th Circuit. (jre) (Entered: 06/21/2012)
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| 68 |
Filed: 6/19/2012, Entered: None |
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MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 56 , CCA # 09-55514. The judgment of the district court is Affirmed. Mandate received in this district on 6/19/12. (car) (Entered: 06/20/2012)
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| 67 |
Filed: 11/18/2010, Entered: None |
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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 56 filed by Nicholas B. Delia CCA # 09-55514. is Appellee's Motion to Stay Issuance of the Mandate pending the Filing ans Disposition of a Petition for Writ of Certiorari is granted. The Clerk of the Court shall stay the issuance of the mandate until February 11, 2011. (dmap) (Entered: 11/19/2010)
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| 66 |
Filed: 11/5/2010, Entered: None |
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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 56 filed by Nicholas B. Delia, CCA # 09-55514. The panel has voted to deny the Petition for Panel Rehearing. Judge Rawlinson voted, and Judges Goodwin and Bennett recommended, to deny the Petition for Rehearing En Banc. The full court has been advised of the Petition for Rehearing En Banc, and no judge of the court has requested a vote. The Petition for Panel Rehearing and Rehearing En Banc of Appellant Nicholas B. Delia filed on October 12, 2010, is DENIED. Order received in this district on 11/05/2010. (lr) (Entered: 11/05/2010)
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| 65 |
Filed: 9/21/2010, Entered: None |
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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 56 filed by Nicholas B. Delia, CCA # 09-55514l. This case is before the court on the parties' Joint Motion for Extension of Time to file Petition for Rehearing (docket no. 34) filed on September 16, 2010, seeking an extension to October 8, 2010, of the deadline to file a petition for panel rehearing and/or rehearing en banc, if any. After a conference of the panel members, the motion is granted. (dmap) (Entered: 09/23/2010)
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| 64 |
Filed: 5/6/2009, Entered: None |
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CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals 56 filed by Nicholas B. Delia ; Court of Appeals Case Number: 09-55514. (dmap) (Entered: 05/06/2009)
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| 63 |
Filed: 5/4/2009, Entered: None |
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TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 02/02/2009; Court Reporter: Bridget Montero; Court of Appeals Case Number: 09-55514; Re: 56 (McGill, Michael) (Entered: 05/04/2009)
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| 62 |
Filed: 4/6/2009, Entered: None |
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NOTIFICATION by Circuit Court of Appellate Docket Number 09-55514, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 56 as to Plaintiff Nicholas B. Delia. (car) (Entered: 04/07/2009)
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| 61 |
Filed: 4/7/2009, Entered: None |
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NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals 56 as to Plaintiff Nicholas B. Delia. (dmap) (Entered: 04/07/2009)
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| 60 |
Filed: 4/3/2009, Entered: None |
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NOTICE OF FILING TRANSCRIPT filed for proceedings 2-2-09 11:04 a.m. (Montero, Bridget) (Entered: 04/03/2009)
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| 59 |
Filed: 4/3/2009, Entered: None |
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TRANSCRIPT for proceedings held on 2-2-09 11:04 a.m. Court Reporter/Electronic Court Recorder: Bridget Montero, phone number www.bridgetmontero.com. 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 4/24/2009. Redacted Transcript Deadline set for 5/4/2009. Release of Transcript Restriction set for 7/2/2009. (Montero, Bridget) (Entered: 04/03/2009)
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| 58 |
Filed: 4/3/2009, Entered: None |
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Civil Appeals Docketing Statement received from Plaintiff Nicholas B. Delia forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals 56 (Attachments: # 1 Judgment)(McGill, Michael) (Entered: 04/03/2009)
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| 57 |
Filed: 4/3/2009, Entered: None |
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REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 56 . (McGill, Michael) (Entered: 04/03/2009)
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| 56 |
Filed: 4/3/2009, Entered: None |
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NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Nicholas B. Delia. Appeal of Judgment,, 48 . (Filing fee $455, receipt number 09730000000005128387.) (McGill, Michael) (Entered: 04/03/2009)
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| 55 |
Filed: 4/2/2009, Entered: None |
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BILL OF COSTS. Costs Taxed in amount of $ 941. in favor of Defendant Steve Filarsky and against Plaintiff Nicholas B. Delia. RE: APPLICATION to the Clerk to Tax Costs against plaintiff Nicholas B. Delia 51 (rb) (Entered: 04/02/2009)
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| 54 |
Filed: 4/2/2009, Entered: None |
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BILL OF COSTS. Costs Taxed in amount of $ 664. in favor of Defendants City of Rialto, Stephen C. Wells, Mike Peel and Frank Beckker and against Plaintiff Nicholas B. Delia. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Nicholas B. Delia 49 (rb) (Entered: 04/02/2009)
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| 53 |
Filed: 3/25/2009, Entered: None |
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STIPULATION BY ALL PARTIES AND APPROVAL BY CLERK OF COURT TO CONCURRENTLY HEAR DEFENDANTS STEVE A. FILARSKY' APPLICATION TO TAX COSTS FOR 4/2/09 at 10:00 AM. (pp) (Entered: 03/25/2009)
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| 52 |
Filed: 3/25/2009, Entered: None |
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STIPULATION for Costs against Nicholas B. Delia filed by defendant Steve A. Filarsky(Individually). (Attachments: # 1 ORDER)(West, Jennifer) (Entered: 03/25/2009)
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| 51 |
Filed: 3/23/2009, Entered: None |
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APPLICATION to the Clerk to Tax Costs against plaintiff Nicholas B. Delia filed by defendant Steve A. Filarsky(Individually). (Attachments: # 1 BILL OF COSTS)(West, Jennifer) (Entered: 03/23/2009)
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| 50 |
Filed: 3/19/2009, Entered: None |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Hearing information is missing, incorrect, or not timely; The hearing was incorrectly set before District Judge at scheduling sequence. it should have set before the Clerk of the Court. The hearing is now reset before the Clerk of the Clerk. No response required to this deficiency RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Nicholas B. Delia 49 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (pj) (Entered: 03/19/2009)
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| 49 |
Filed: 3/18/2009, Entered: None |
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APPLICATION to the Clerk to Tax Costs against Plaintiff Nicholas B. Delia filed by Defendants Frank Bekker(as a Battalion Chief for the City of Rialto), City of Rialto, City of Rialto Fire Department, Stephen C. Wells(Individually), Stephen C. Wells(as the Fire Chief for the City of Rialto), Mike Peel(Individually), Mike Peel(and as Battalion Chief for the City of Rialto), Frank Bekker(Individually). Application set for hearing on 4/2/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Bill of Costs, # 2 Attachment to Bill of Costs)(Golds, Howard) (Entered: 03/18/2009)
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| 48 |
Filed: 3/9/2009, Entered: None |
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JUDGMENT by Judge Manuel L. Real, in favor of City of Rialto Fire Department, Frank Bekker, Mike Peel, Stephen C. Wells, Steve A. Filarsky against Nicholas. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment in the above-captioned matter be, and hereby is, entered in favor of Defendants City of Rialto, Stephen Wells, Mike Peel, Frank Bekker and Steve Filarsky and that plaintiff Nicholas Delia shall take nothing by way of his Complaint.IT IS FURTHER ORDERED, ADJUDGED AND DECREED thatDefendants shall recover their costs of suit herein.B. Delia (MD JS-6, Case Terminated). (pj) (Entered: 03/09/2009)
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| 47 |
Filed: 3/9/2009, Entered: None |
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STATMENT OF UNCONTROVERTED FACTS signed by Judge Manuel L. Real. (pj) (Entered: 03/09/2009)
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| 46 |
Filed: 3/3/2009, Entered: None |
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NOTICE OF LODGING filed re Motion Hearing, Link Motions to Minutes,,,, 43 (Attachments: # 1 Exhibit Statement of Uncontroverted Facts, # 2 Exhibit Proposed Judgment)(Golds, Howard) (Entered: 03/03/2009)
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| 45 |
Filed: 2/13/2009, Entered: None |
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MINUTES OF IN CHAMBERS ORDER SETTING PTC AND TRIAL DATES held before Judge Manuel L. Real: COUNSEL ARE NOTIFIED that the PRE-TRIAL CONFERENCEscheduled for FEB. 23, 2009 AT 11:00 A.M., the TRIAL scheduledfor MARCH 3, 2009 AT 9:00 A.M., and Plaintiff's Motion for PartialSummary Judgment also scheduled for FEB. 23, 2009 at 10:00 AM(by Minute Order dated Feb. 12, 2009) are hereby VACATED, sinceDefendants' separate Motions for Summary Judgment were grantedon FEB. 2, 2009. In accordance with the minutes of FEB. 2, 2009,counsel for Defendants shall newly prepare and lodge the Statementof Uncontroverted Facts and Judgments. (ake) (Entered: 02/17/2009)
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| 44 |
Filed: 2/12/2009, Entered: None |
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MINUTES OF IN CHAMBERS ORDER CONTINUING MOTION HEARING held before Judge Manuel L. Real: COUNSEL ARE NOTIFIED that on the Court's own motion the:Plaintiff's Motion for Partial Summary Judgment and/or SummaryAdjudication of Issues (filed 1-20-09) is hereby ORDERED CONTINUED FROM FEBRUARY 17, 2009 AT 10:00 A.M. TO FEBRUARY 23, 2009 AT 10:00 A.M. Opposition and reply papers remain due on their original due dates. The continuation of the hearing date DOES NOT move the due dates of those filings. 38 (ake) (Entered: 02/13/2009)
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| 43 |
Filed: 2/2/2009, Entered: None |
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MINUTES OF Motion Hearing held before Judge Manuel L. Real: RE Defendants City of Rialto et al's Motion for Summary Judgment; or, for partial summaryjudgment 33 and Defendant Filarsky's Motion for Summary Judgment 34 ;Court GRANTS both motions for summary judgment 33 , 34 . Counsel for defendants shall prepare the Statement of Uncontroverted Facts and the Judgments.Plaintiff's Motion for Partial Summary Judgment 38 is hereby taken OFFcalendar as MOOT.Court Reporter: Bridget Montero. (lc) (Entered: 02/06/2009)
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| 42 |
Filed: 1/26/2009, Entered: None |
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REPLY Memorandum of Points and Authorities in Support of MOTION for Summary Judgment as to Entire Complaint 33 filed by Defendants Frank Bekker, City of Rialto, Stephen C. Wells, Stephen C. Wells, Mike Peel, Mike Peel, Frank Bekker. (Golds, Howard) (Entered: 01/26/2009)
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| 41 |
Filed: 1/23/2009, Entered: None |
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DECLARATION of Jon H. Tisdale in support of Reply MOTION for Summary Judgment as to Plaintiff's Complaint 34 Declaration filed by Defendant Steve A. Filarsky. (West, Jennifer) (Entered: 01/23/2009)
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| 40 |
Filed: 1/23/2009, Entered: None |
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REPLY MOTION for Summary Judgment as to Plaintiff's Complaint 34 Reply filed by Defendant Steve A. Filarsky. (Attachments: # 1 Declaration of Jon H. Tisdale in support of Reply of Defendant Steve A. Filarsky to Plaintiff's Opposition to Defendant's MSJ, # 2 Objections of Steve A. Filarsky to Evidence Submitted By Plaintiff in Support of MSJ)(West, Jennifer) (Entered: 01/23/2009)
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| 39 |
Filed: 1/20/2009, Entered: None |
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NOTICE OF ERRATA filed by Plaintiff Nicholas B. Delia. correcting Response in Opposition to Motion, 37 (Attachments: # 1 Declaration of Nicholas Delia in Opposition to Defendants City of Rialto, Stephen Wells, Mike Peel and Frank Bekker MSJ, # 2 Declaration of Sanjay Bansal in Opposition to Defendants City of Rialto, Stephen Wells, Mike Peel and Frank Bekker MSJ)(McGill, Michael) (Entered: 01/20/2009)
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| 38 |
Filed: 1/20/2009, Entered: None |
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NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Issues of Liability filed by Plaintiff Nicholas B. Delia. Motion set for hearing on 2/17/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Memorandum Points and Authorities in Support of Motion, # 2 Proposed Statement of Uncontroverted Facts and Conclusions of Law, # 3 Declaration of Nicholas Delia, # 4 Declaration of Sanjay Bansal, # 5 Proposed Order Granting Motion for Partial Summary Judgment and/or Summary Adjudication of Issues)(McGill, Michael) (Entered: 01/20/2009)
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| 37 |
Filed: 1/19/2009, Entered: None |
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OPPOSITION to MOTION for Summary Judgment as to Entire Complaint 33 filed by Plaintiff Nicholas B. Delia. (Attachments: # 1 Statement of Uncontroverted Facts, # 2 Declaration of Nicholas Delia, # 3 Declaration of Sanjay Bansal)(McGill, Michael) (Entered: 01/19/2009)
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| 36 |
Filed: 1/19/2009, Entered: None |
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OPPOSITION to MOTION for Summary Judgment as to Plaintiff's Complaint 34 filed by Plaintiff Nicholas B. Delia. (Attachments: # 1 Plaintiff's Statement of Uncontroverted Facts, # 2 Declaration of Nicholas Delia, # 3 Declaration of Sanjay Bansal)(McGill, Michael) (Entered: 01/19/2009)
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| 35 |
Filed: 1/19/2009, Entered: None |
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NOTICE of Change of Attorney Information for attorney Michael A McGill counsel for Plaintiff Nicholas B. Delia. Adding Sanjay Bansal as attorney as counsel of record for Nicholas B. Delia for the reason indicated in the G-06 Notice. Filed by Plaintiff Delia B. Delia (McGill, Michael) (Entered: 01/19/2009)
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| 34 |
Filed: 1/12/2009, Entered: None |
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NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint filed by DEFENDANT Steve A. Filarsky(Individually). Motion set for hearing on 2/2/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Declaration of Steve A. Filarsky In Support of Motion for Summary Judgment, # 2 Declaration of Jon H. Tisdale in Support of Motion For Summary Judgment, # 3 Declaration of Jon H. Tisdale In Support of Motion for Summary Judgment, # 4 STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW, # 5 Proposed Order ORDER GRANTING DEFENDANT STEVE A. FILARSKY'S MOTION FOR SUMMARY JUDGMENT)(West, Jennifer) (Entered: 01/12/2009)
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| 33 |
Filed: 1/12/2009, Entered: None |
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NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Complaint filed by Defendants Frank Bekker(as a Battalion Chief for the City of Rialto), City of Rialto, Stephen C. Wells(Individually), Stephen C. Wells(as the Fire Chief for the City of Rialto), Mike Peel(Individually), Mike Peel(and as Battalion Chief for the City of Rialto), Frank Bekker(Individually). Motion set for hearing on 2/2/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Summary Judgment or in the Alternative, Partial Summary Judgment, # 2 Declaration of Frank Bekker in Support of Motion for Summary Judgment or in the Alternative, Partial Summary Judgment, # 3 Declaration of Mike Peel in Support of Motion for Summary Judgment or in the Alternative, Partial Summary Judgment, # 4 Declaration of Stephen C. Wells in Support of Motion for Summary Judgment or in the Alternative, Partial Summary Judgment, # 5 Declaration of Howard B. Golds in Support of Motion for Summary Judgment or in the Alternative, Partial Summary Judgment, # 6 Request for Judicial Notice in Support of Motion for Summary Judgment or in the Alternative, Partial Summary Judgment, # 7 Proposed Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment or in the Alternative, Partial Summary Judgment, # 8 Proposed Judgment)(Golds, Howard) (Entered: 01/12/2009)
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| 32 |
Filed: 1/8/2009, Entered: None |
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MINUTES OF ORDER (IN CHAMBERS) held before Judge Manuel L. Real. Counsel are notified that on the Court's own motion the: Final Pre-Trial Conference is hereby ORDERED CONTINUED FROM 2/16/09 at 11:00 A.M. TO 2/23/09 at 11:00 A.M. (lom) (Entered: 01/09/2009)
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| 31 |
Filed: 12/10/2008, Entered: None |
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ORDER by Judge Manuel L. Real,, Set/Reset Deadlines/Hearings:( Final Pretrial Conference set for 2/16/2009 11:00 AM before Judge Manuel L. Real., Trial set for 3/3/2009 09:00 AM before Judge Manuel L. Real.) Discovery Cut-off 1/20/2009 (pj) (Entered: 12/11/2008)
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| 30 |
Filed: 12/4/2008, Entered: None |
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First STIPULATION to Continue Trial and Pre-Trial Conference Dates from Feb 3, 2009 and Jan 12, 2009 to June 3, 2009 and May 12, 2009, Joint STIPULATION for Jury Trial on Feb 3, 2009 filed by Defendant Steve A. Filarsky(Individually). (Attachments: # 1 Proposed Order, # 2 Proposed Order ORDER)(West, Jennifer) (Entered: 12/04/2008)
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| 29 |
Filed: 12/4/2008, Entered: None |
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First STIPULATION to Continue TRIAL DATE AND PRE-TRIAL CONFERENCE from FEB 3, 2009 and JAN 12, 2009 to JUNE 3, 2009 and MAY 12, 2009, Joint STIPULATION for JURY Trial on Feb 3, 2009 and Pre-Trial Conference to May 12, 2009 filed by Defendant Steve A. Filarsky(Individually).(West, Jennifer) (Entered: 12/04/2008)
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| 28 |
Filed: 10/27/2008, Entered: None |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Account information (NAME AND FIRM ADDRESS) was not updated in the ECF system. Your account information must be updated immediately by going to Utilities - Maintain Your Address/Maintain Your E-mail Address RE: Notice of Change of Attorney Information (G-06) 27 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 10/27/2008)
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| 27 |
Filed: 10/24/2008, Entered: None |
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NOTICE of Change of Attorney Information for attorney Jennifer Jackson counsel for Defendant Steve A. Filarsky. Filed by DEFENDANT JENNIFER WEST (Jackson, Jennifer) (Entered: 10/24/2008)
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| 26 |
Filed: 10/22/2008, Entered: None |
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ANSWER AND AFFIRMATIVE DEFENSES BY DEFENDANT STEVE A. FILARSKY TO PLAINTIFF'S COMPLAINT filed by Defendant Steve A. Filarsky(Individually).(Jackson, Jennifer) (Entered: 10/22/2008)
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| 25 |
Filed: 9/11/2008, Entered: None |
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MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real:, Counsel are notified that this action is hereby placed on calendar for Final Pre-Trial Conference on 1/12/09 at 11:00 a.m. Pre-Trial Conference Order shall be lodged with this court on or before 1/5/09. Jury Trial Date is set for 2/3/09 at 9:00 a.m. (bp) (Entered: 09/12/2008)
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| 24 |
Filed: 8/19/2008, Entered: None |
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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Plaintiff Nicholas B. Delia.. (McGill, Michael) (Entered: 08/19/2008)
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| 23 |
Filed: 8/7/2008, Entered: None |
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Notice of Withdrawal of Motion to Dismiss Case 22 filed by Defendant Steve A. Filarsky(Individually). (Jackson, Jennifer) (Entered: 08/07/2008)
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| 22 |
Filed: 8/1/2008, Entered: None |
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NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM filed by DEFENDANT Steve A. Filarsky(Individually). Motion set for hearing on 9/15/2008 at 10:00 AM before Judge Manuel L. Real. (Jackson, Jennifer) (Entered: 08/01/2008)
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| 21 |
Filed: 7/29/2008, Entered: None |
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AMENDED ANSWER TO PLAINTIFF'S COMPLAINT filed by Defendants Frank Bekker(as a Battalion Chief for the City of Rialto), City of Rialto, City of Rialto Fire Department, Stephen C. Wells(Individually), Stephen C. Wells(as the Fire Chief for the City of Rialto), Mike Peel(Individually), Mike Peel(and as Battalion Chief for the City of Rialto), Frank Bekker(Individually). (Golds, Howard) (Entered: 07/29/2008)
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| 20 |
Filed: 7/28/2008, Entered: None |
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DECLARATION of Bruce Morgan re Service of Summons and Complaint Returned Executed (20 days), Service of Summons and Complaint Returned Executed (20 days) 19 Due Diligence filed by Plaintiff Nicholas B. Delia. (McGill, Michael) (Entered: 07/28/2008)
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| 19 |
Filed: 7/21/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon Steve A. Filarsky(Individually) served on 7/14/2008, answer due 8/3/2008. The Summons and Complaint were served by Substitute service, by Federal statute, upon Barbara Ward, person in charge, authorized to accept service. Due Dilligence declaration not attached. Original Summons not returned. (McGill, Michael) (Entered: 07/21/2008)
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| 18 |
Filed: 7/18/2008, Entered: None |
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MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real: re, Plaintiff having paid the New Action filing fee and the fee forprocessing a returned check, the Order to Show Cause issuedon July 9, 2008 is hereby DISCHARGED. 15 . (pj) (Entered: 07/18/2008)
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| 17 |
Filed: 7/14/2008, Entered: None |
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DECLARATION re Minutes of In Chambers Order/Directive - no proceeding held,,, Set Deadlines,, 15 Plaintiff's Response to OSC; Declaration of Michael McGill filed by Plaintiff Nicholas B. Delia. (McGill, Michael) (Entered: 07/14/2008)
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| 16 |
Filed: 7/11/2008, Entered: None |
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ANSWER filed by Defendants Frank Bekker(as a Battalion Chief for the City of Rialto), City of Rialto, City of Rialto Fire Department, Stephen C. Wells(Individually), Stephen C. Wells(as the Fire Chief for the City of Rialto), Mike Peel(Individually), Mike Peel(and as Battalion Chief for the City of Rialto), Frank Bekker(Individually).(Golds, Howard) (Entered: 07/11/2008)
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| 15 |
Filed: 7/9/2008, Entered: None |
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MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real:,IT IS HEREBY ORDERED that Nicholas B. Delia Show Cause in writing by July 18, 2008 why this action shall not be dismissed for failure to properly pay the filing fee for the filing of a new action inthis District Court. Plaintiffs check for $350.00 was returned by the bank with a notation of Non-Sufficient Funds. An additional fee of $45.00 is required for processing a returned check. The total amount due to the District Court is therefore $395.00, payable by cashiers check or money order only. Failure to pay as stated, along with a filing confirming payment by July 18, 2008, shall result in the dismissal of the action forthwith. (pj) (Entered: 07/11/2008)
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| 14 |
Filed: 7/9/2008, Entered: None |
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MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real: Court ORDERS that Nicholas B. Delia Show Cause in writing by 7/18/08 why this action shall not be dismissed for failure to properly pay the filing fee for the filing of a new action in this District Court. Plaintiffs check for $350.00 was returned bythe bank with a notation of Non-Sufficient Funds. An additional fee of $45.00 is required for processing a returned check. The total amount due to the District Court is therefore $395.00, payable by cashiers check or money order only. Failure to pay as stated, along with a filing confirming payment by July 18, 2008, shall result in the dismissal of the action forthwith. (lc) (Entered: 07/10/2008)
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Request |
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| 13 |
Filed: 6/27/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon Steve A. Filarsky Original Summons Not Returned. (McGill, Michael) (Entered: 06/27/2008)
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Request |
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| 12 |
Filed: 6/20/2008, Entered: None |
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NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Steve A. Filarsky(Individually) 11 . The Clerk cannot enter the requested relief as The name of the person served does not exactly match the complaint; Defendant was named in two capacities as an individual and as Internal Affairs Investigator (For City of Rialto)... These capacities were not specified in the request Proof of Sewice is lacking required information. Proof erroneously cites personal service however, service was substituted with an authorized agent. Therefore, missing due diligence and mail backup.Requesting party shall file a new RequestIApplication with noted deficiencies corrected in order to. (pj) (Entered: 06/20/2008)
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Request |
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| 11 |
Filed: 6/18/2008, Entered: None |
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REQUEST for Clerk to Enter Default against Defendant Steve A. Filarsky(Individually) filed by Plaintiff Nicholas B. Delia. (McGill, Michael) (Entered: 06/18/2008)
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Request |
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| 10 |
Filed: 6/9/2008, Entered: None |
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FIRST STIPULATION Extending Time to Answer the complaint as to City of Rialto answer now due 7/11/2008; City of Rialto Fire Department answer now due 7/11/2008; Stephen C. Wells(Individually) answer now due 7/11/2008; Mike Peel(Individually) answer now due 7/11/2008; Frank Bekker(Individually) answer now due 7/11/2008, filed by Defendants City of Rialto; City of Rialto Fire Department; Stephen C. Wells(Individually); Mike Peel(Individually); Frank Bekker(Individually).(Golds, Howard) (Entered: 06/09/2008)
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Request |
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| 9 |
Filed: 6/3/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon Steve A. Filarsky(Individually) served on 5/22/2008, answer due 6/11/2008. Original Summons Not Returned. (McGill, Michael) (Entered: 06/03/2008)
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Request |
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| 8 |
Filed: 6/3/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon Frank Bekker(Individually) served on 5/22/2008, answer due 6/11/2008. Original Summons Not Returned. (McGill, Michael) (Entered: 06/03/2008)
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Request |
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| 7 |
Filed: 6/3/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon Mike Peel(Individually) served on 5/22/2008, answer due 6/11/2008. Original Summons Not Returned. (McGill, Michael) (Entered: 06/03/2008)
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Request |
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| 6 |
Filed: 6/3/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon Stephen C. Wells(Individually) served on 5/22/2008, answer due 6/11/2008. Original Summons Not Returned. (McGill, Michael) (Entered: 06/03/2008)
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Request |
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| 5 |
Filed: 6/3/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon City of Rialto Fire Department served on 5/22/2008, answer due 6/11/2008. Original Summons Not Returned. (McGill, Michael) (Entered: 06/03/2008)
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Request |
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| 4 |
Filed: 6/3/2008, Entered: None |
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PROOF OF SERVICE Executed by Plaintiff Nicholas B. Delia, upon City of Rialto served on 5/22/2008, answer due 6/11/2008. Original Summons not returned. (McGill, Michael) (Entered: 06/03/2008)
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Request |
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| 3 |
Filed: 5/23/2008, Entered: None |
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ORDER re NOTICE TO COUNSEL by Judge Manuel L Real: This case has been assigned to the calendar of Judge Manuel L Real. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the Federal Rules of Civil Procedure. NONCOMPLIANCE MAY LEAD TO THE IMPOSITION OF SANCTIONS WHICH MAY INCLUDE THE STRIKING OF THE PLEADINGS AND ENTRY OF JUDGMENT OR DISMISSAL OF THE ACTION. (See order for further details). (shb) (Entered: 05/28/2008)
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Request |
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| 2 |
Filed: 5/21/2008, Entered: None |
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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Nicholas B. Delia. (et) (ds). (Entered: 05/28/2008)
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Request |
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| 1 |
Filed: 5/21/2008, Entered: None |
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COMPLAINT against Defendants Frank Bekker (as a Battalion Chief for the City of Rialto), Steve A. Filarsky(Individually), Steve A. Filarsky(as an Internal Affairs Investigator for the City of Rialto), DOES 1 through 10 Inclusive, City of Rialto, City of Rialto Fire Department, Stephen C. Wells(Individually), Stephen C. Wells(as the Fire Chief for the City of Rialto), Mike Peel(Individually), Mike Peel(and as Battalion Chief for the City of Rialto), Frank Bekker(Individually). (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Nicholas B. Delia. (et) (ds). (Entered: 05/28/2008)
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