S.M.A. et al v. City of Riverside et al
| S M A., N Q A., Elizabeth Lomeli and Martha Del Garay Casteneda |
| City of Riverside, Russ Leach, James Heiting, Daniel Koehler, Jeffrey Ratkovich and DOES 1 - 10 |
| Estates of Marlon Acevedo |
| 5:2009cv01461 |
| August 3, 2009 |
| US District Court for the Central District of California |
| Eastern Division - Riverside Office |
| Riverside |
| David T Bristow |
| Justin L Quackenbush |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 25, 2011. A more recent docket listing may be available from PACER.
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Filing 43
MEMORANDUM: ORDER GRANTING PETITION FOR SETTLEMENT OF CLAIMS and FOR ENTRY OF JUDGMENT by Judge Justin L. Quackenbush re: First APPLICATION for Settlement Approval of Petition for Approval of settlement of claims #34 . This matter and the complaint and claims therein against all Defendants shall be dismissed with prejudice without costs or attorney fees to any party hereto. Mr. Habbas shall furnish Mr. Dusenberry with a copy of this Order. The Clerk shall enter this Order, enter judgment dismissing the complaint and the claims therein against all Defendants with prejudice without costs or attorney fees to any party, furnish copies to counsel, and close this file. (mrgo)
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| Filing 42 SUPPLEMENT to First APPLICATION for Settlement Approval of Petition for Approval of settlement of claims #34 filed by Plaintiffs N Q A., S M A.. (Habbas, Samer) |
| Filing 41 DECLARATION of Samer Habbas Petition to Compromise First APPLICATION for Settlement Approval of Petition for Approval of settlement of claims #34 filed by Plaintiffs N Q A., S M A.. (Habbas, Samer) |
| Filing 40 First NOTICE of Manual Filing filed by Plaintiffs N Q A., S M A. of Declration of Samer Habbas. (Habbas, Samer) |
| Filing 39 David Dusenbury Expert Report re First APPLICATION for Settlement Approval of Petition for Approval of settlement of claims #34 filed by Plaintiffs N Q A., S M A.. (Habbas, Samer) |
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Filing 38
ORDER STRIKING SCHEDULING ORDER by Judge Justin L. Quackenbush: IT IS HEREBY ORDERED: All deadlines and hearings, including the pretrial hearing and trial date, set forth in the courts Scheduling Order (ECF. No. 29) are STRICKEN. If after ruling upon the pending Petition for Approval of Settlement of Claims a new scheduling order is necessary, the court will schedule a scheduling conference with counsel. (ad)
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Filing 37
SEALED DOCMENT-ORDER ON PETITION FOR SETTLEMENT APPROVAL by Judge Justin L. Quackenbush, re First APPLICATION for Settlement Approval of Petition for Approval of settlement of claims #34 **DOCUMENT SEALED** (mrgo)
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| Filing 36 EXHIBIT 1 to First APPLICATION for Settlement Approval of Petition for Approval of settlement of claims #34 David Dusenbury's Expert Report filed by Plaintiffs N Q A., S M A.. (Habbas, Samer) |
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Filing 35
ORDER RE: EXPERT REPORT by Judge Justin L. Quackenbush: IT IS HEREBY ORDERED: Counsel for Plaintiffs shall file Mr. Dusenbery's expert report, either under seal or ex-parte, within FIFTEEN DAYS of this Order. (am)
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| Filing 34 First APPLICATION for Settlement Approval of Petition for Approval of settlement of claims filed by plaintiff N Q A., S M A., Martha Del Garay Casteneda. (Habbas, Samer) |
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Filing 33
ORDER RE: Local Rule 83-5 by Judge Justin L. Quackenbush: The Petition for Approval of Minors' Compromise, supported by a Memorandum as to why this case should be dismissed shall be filed within THIRTY DAYS of this ORDER. (am)
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| Filing 32 STIPULATION to Dismiss Case pursuant to Plaintiff voluntarily dismissed filed by defendants City of Riverside, James Heiting, Daniel Koehler, Jeffrey Ratkovich. (Attachments: #1 Proposed Order)(Cunningham, Arthur) |
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Filing 31
ORDER DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANT RUSS LEACH by Judge Justin L. Quackenbush: Pursuant to the Stipulation of the parties, the claims asserted by Plaintiffs in the Complaint (Ct. Rec. 7) against Defendant Russ Leach are DISMISSED with prejudice and without costs or attorneys fees to any party. #30 Russ Leach terminated. (am)
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| Filing 30 STIPULATION to Dismiss defendant Russ Leach filed by defendants City of Riverside, Russ Leach, Jeffrey Ratkovich, Daniel Koehler, James Heiting. (Attachments: #1 Proposed Order)(Cunningham, Arthur) |
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Filing 29
SCHEDULING ORDER; ORDER PERMITTING PLAINTIFFS LEAVE TO AMEND by Judge Justin L. Quackenbush: Plaintiffs shall file and serve the Amended Complaint joining the new party no later than APRIL 1, 2010. Jury Trial set for 1/25/2011 at 09:00 AM before Judge Justin L. Quackenbush. Pretrial Conference set for 1/10/2011 at 09:30 AM before Judge Justin L. Quackenbush (See document for further information) (am)
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| Filing 28 MINUTES OF Scheduling Conference held before Judge Justin L. Quackenbush: Court holds Rule 16(b) Scheduling Conference. Court and counsel discuss future dates. Court to issue order outlining all dates and times.Court Reporter: Theresa Lanza. (am) |
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Filing 27
AMENDED PROCEDURAL ORDER ORDER SETTING IN-PERSON SCHEDULING CONFERENCE by Judge Justin L. Quackenbush: This amended Order corrects the typographical error in the cut-off date for counsel to confer and file a Report as to recommended scheduling dates. The correct cut-off date is March 10, 2010. (am)
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Filing 26
PROCEDURAL ORDER & ORDER SETTING IN-PERSON SCHEDULING CONFERENCE by Judge Justin L. Quackenbush: Scheduling Conference set for 3/18/2010 at 10:00 AM before Judge Justin L. Quackenbush (am)
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| Filing 25 AMENDED MINUTES IN CHAMBERS (NO PROCEEDINGS HELD) RE: ASSIGNMENT OF CASES held before Judge Justin L. Quackenbush: This action has been reassigned to the HONORABLE JUSTIN L. QUACKENBUSH, District Judge, Sitting by Designation. Please substitute the initials JLQ in place of the initials SGL. The case number will now read:EDCV 09-01461-JLQ(DTBx). As documents are routed using the judges initials, it is important to use the correct initials on all subsequent filings. Judge Quackenbush's Courtroom Deputy Clerk, Cindy Sasse, can be reached at (951)328-4464 or at cindy_sasse@cacd.uscourts.gov (am) |
| Filing 23 MINUTES OF IN CHAMBERS ORDER RE: ASSIGNMENT OF CASES held before Judge Justin L. Quackenbush: This action has been reassigned to the HONORABLE JUSTIN L. QUACKENBUSH, District Judge, Sitting by Designation. Please substitute the initials JLQ in place of the initials SGL. The case number will now read:EDCV XX-XXXXX-XXX. As documents are routed using the judges initials, it is important to use the correct initials on all subsequent filings. Judge Quackenbush's Courtroom Deputy Clerk, Cindy Sasse, can be reached at (951)328-4464 or at cindy_sasse@cacd.uscourts.gov (am) |
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Filing 24
ORDER OF THE CHIEF JUDGE (#10-035) approved by Judge George H. King. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following case be reassigned from the calendar of Judge Stephen G. Larson to the calendar of Judge Justin L. Quackenbush for all further proceedings. The case number will now reflect the initials of the transferee Judge EDCV09-01461 JLQ (DTBx). (am)
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| Filing 22 MINUTES OF IN CHAMBERS ORDER RE: RULE 16(b) SCHEDULING CONFERENCE held before Judge Audrey B. Collins: The Rule 16(b) Scheduling Conference set for December 21, 2009, at 1:30 p.m., is vacated pending reassignment and parties will be notified. Counsel are directed to follow filing procedures indicated in the existing Standing Order issued in your case until you receive notification of reassignment. (am) |
| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7, filed by Defendant City of Riverside.. (Cunningham, Arthur) |
| Filing 20 Notice of Interested Parties filed by Defendants Russ Leach, James Heiting, Daniel Koehler, Jeffrey Ratkovich, (Cunningham, Arthur) |
| Filing 19 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #7 filed by Defendants Russ Leach, James Heiting, Daniel Koehler, Jeffrey Ratkovich.(Cunningham, Arthur) |
| Filing 18 PROOF OF SERVICE Executed S M A., N Q A., Elizabeth Lomeli, Martha Del Garay Casteneda, Estates of Marlon Acevedo, upon Jeffrey Ratkovich served on 9/2/2009, answer due 9/22/2009. The Summons and Complaint were served by substituted service, by state statute, upon Scott King, risk management. Due Dilligence declaration yes. Original Summons not returned. (Habbas, Samer) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff S M A., N Q A., Elizabeth Lomeli, Martha Del Garay Casteneda, Estates of Marlon Acevedo, upon Russ Leach served on 9/2/2009, answer due 9/22/2009. The Summons and Complaint were served by substituted service, by state statute, upon Scott King, Risk Management. Due Dilligence declaration yes. Original Summons not returned. (Habbas, Samer) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff S M A., N Q A., Elizabeth Lomeli, Martha Del Garay Casteneda, Estates of Marlon Acevedo, upon Daniel Koehler served on 9/2/2009, answer due 9/22/2009. The Summons and Complaint were served by substituted service, by state statute, upon Scott King, Risk Management. Due Dilligence declaration Yes. Original Summons not returned. (Habbas, Samer) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff S M A., N Q A., Elizabeth Lomeli, Martha Del Garay Casteneda, Estates of Marlon Acevedo, upon James Heiting served on 9/2/2009, answer due 9/22/2009. The Summons and Complaint were served by substituted service, by state statute, upon Scott King, Risk Management. Due Dilligence declaration Yes. Original Summons not returned. (Habbas, Samer) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff S M A., N Q A., Elizabeth Lomeli, Martha Del Garay Casteneda, Estates of Marlon Acevedo, upon City of Riverside served on 9/1/2009, answer due 9/21/2009. The Summons and Complaint were served by substituted service service, by State statute, upon Sherry Morton Ellis. Due Dilligence declaration no. Original Summons not returned. (Habbas, Samer) |
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Filing 13
SCHEDULING MEETING OF COUNSEL, ORDER PURSUANT TO FRCP 16, 26(f)by Judge Stephen G. Larson: Scheduling Conference set for 12/21/2009 at 01:30 PM before Judge Stephen G. Larson (am)
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| Filing 12 NOTICE Notice of Change of Attorney Information filed by defendant City of Riverside. (Brown, James) |
| Filing 11 Notice of Interested Parties filed by Defendant City of Riverside, (Cunningham, Arthur) |
| Filing 10 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #7 filed by Defendant City of Riverside.(Cunningham, Arthur) |
| PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 8/26/2009: Complaint and Certificate of Interested Parties. (gg) |
| PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 8/21/2009: Complaint and Certificate of Interested Parties. (gg) |
| CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 8/19/09 addressed to ssh@habbaspilaw.com,. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Chief Judge for further proceedings. (mrgo) |
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Filing 9
STANDING ORDER by Judge Stephen G. Larson, READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (am)
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| Filing 8 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs S M A., N Q A., Elizabeth Lomeli, Martha Del Garay Casteneda, Estates of Marlon Acevedo, (am) (gg). |
| Filing 7 COMPLAINT against defendants City of Riverside, Russ Leach, James Heiting, Daniel Koehler, Jeffrey Ratkovich.(Filing fee $ 350) Demand for Jury Trial., filed by plaintiff S M A., N Q A., Martha Del Garay Casteneda, Estates of Marlon Acevedo.(am) (Additional attachment(s) added on 8/26/2009: #1 Complaint, CV-71) (gg). (Additional attachment(s) added on 8/26/2009: #2 CV-18) (gg). |
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Filing 6
ORDER by Magistrate Judge Oswald Parada: granting #1 Application to Appoint Guardian ad Litem. Appointing Elizabeth Lomelias Guardian ad Litem for S.M.A (am)
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Filing 5
ORDER by Magistrate Judge Oswald Parada: granting #2 Application to Appoint Guardian ad Litem. Appointing Elizabeth lomelias Guardian ad Litem for N.Q.A (am)
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| 20 DAY Summons Issued re Complaint - (Discovery) #7 as to defendants City of Riverside, Russ Leach, James Heiting, Daniel Koehler, Jeffrey Ratkovich. (am) Modified on 9/24/2009 (ad). |
| Filing 4 DECLARATION of Martha Del Socoroo Gary Castaneda Pursuant to California Code of Civil Procedure Section377.32 (Successor-in-Interst) filed by Plaintiff Martha Del Garay Casteneda. (am) |
| Filing 3 DECLARATION of S.M.A. and N.Q.A. Pursaunt to California code of Civil Prodcure Section 377.32 (Successor in interest) filed by Plaintiffs S M A., N Q A.. (am) |
| Filing 2 PETITION for Appointment of Elizabeth Lomeli as Guardian ad Litem for N.Q.A filed by plaintiffs N Q A., Elizabeth Lomeli. Lodged Proposed Order. (Attachments: #1 Complaint)(am) |
| Filing 1 PETITION for Appointment of Elizabeth Lomeli as Guardian ad Litem for S.M.A. filed by plaintiff S M A., Elizabeth Lomeli. Lodged Proposed Order. (am) Modified on 8/6/2009 (am). |
| LODGED COMPLAINT forwarded to DUTY Complaint sought to be filed by Plaintiffs S M A., N Q A., Martha Del Garay Casteneda. (am) |
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