Demarest v. The City of Vallejo California et al
| David P. Demarest |
| The City of Vallejo California, Jodi Brown, Jeff Tai, Herman Robinson, Joseph Kreins and Andrew Bidou |
| 2:2016cv02271 |
| September 23, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kendall J. Newman |
| Garland E. Burrell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
85
ORDER signed by Senior Judge Morrison C. England, Jr on 5/29/2020 DENYING Defendants' 75 Request for Bill of Costs. No costs will be taxed in this action.(Becknal, R)
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Filing
73
MEMORANDUM AND ORDER signed by Senior Judge Morrison C. England, Jr. on 2/18/2020 GRANTING defendants' 58 Motion for Summary Judgment and DENYING plaintiff's 59 Motion for Summary Judgment. The Clerk of the Court is directed to enter judgment in Defendants' favor. CASE CLOSED. (Zignago, K.)
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Filing
54
STIPULATION FOR PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/18 ORDERING prior to filing any motion related to this stipulated protective order or other discovery motion, the parties shall first exhaust informal meet- and-confer efforts and otherwise comply with Local Rule 251; Nothing in this order limits the testimony of parties or non-parties, or the use of certain documents, at any court hearing or trial such determinations will only be made by the court at the hearing or trial, or upon an appropriate motion; Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the terms of this stipulated protective order after the action is terminated. (Becknal, R)
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Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/18, GRANTING, retroactively, Plaintiff's 43 motion for a 42-day extension of time to designate experts. Expert witnesses shall be designated by 7/19/2018 and rebuttal experts shall be designated by 8/9/2018. (Kastilahn, A)
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Filing
46
ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/2018 ORDERING that the deadline for discovery is EXTENDED through 9/14/2018. (Zignago, K.)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/2017 ORDERING: Initial Disclosures due by 1/3/2018; Designation of Expert Witnesses due by 6/7/2018; Any rebuttal expert disclosures due by 7/5/2018; Discovery due by 8/9/2018; All law and m otion, except as to discovery-related matters, shall be completed 12/6/2018; Final Pretrial Conference is set for 1/21/2019 at 01:30 PM in Courtroom 10 (GEB) before District Judge Garland E. Burrell Jr; and a Bench Trial is set for 3/5/2019 at 09:00 AM in Courtroom 10 (GEB) before District Judge Garland E. Burrell Jr. (Washington, S)
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Filing
26
ORDER signed by District Judge Garland E. Burrell, Jr on 8/25/17 ORDERING that the FINDINGS AND RECOMMENDATIONS 25 are ADOPTED. Defendant's MOTION to DISMISS Plaintiff's first amended complaint 16 is GRANTED. Plaintiff's second, third, fourth, fifth, sixth, and tenth causes of action in his first amended complaint 13 are DISMISSED without leave to amend. Plaintiff's seventh and eighth causes of action in his first amended complaint (id.) are DISMISSED with leave to amend after discovery, subject to the limitations of FRCP 11. Plaintiff's request for punitive damages in his first amended complaint (id.) is STRICKEN. Plaintiff's first amended complaint PROCEEDS on his first and ninth causes of action. (Mena-Sanchez, L)
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Filing
25
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/28/17 RECOMMENDING that Defendant's motion to dismiss plaintiff's first amended complaint 16 be GRANTED; Plaintiff's second, third, fourth, fifth, sixth , and tenth causes of action in his first amended complaint 13 be DISMISSED without leave to amend; Plaintiff's seventh and eighth causes of action in his first amended complaint (id.) be DISMISSED with leave to amend after discovery, subjec t to the limitations of Federal Rule of Civil Procedure 11; Plaintiff's request for punitive damages in his first amended complaint (id.) be STRICKEN; Plaintiff's first amended complaint PROCEED on his first and ninth causes of action. Referred to Judge Garland E. Burrell, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
17
ORDER signed by District Judge Garland E. Burrell, Jr. on 3/29/2017 ADOPTING 12 Findings and Recommendations; DISMISSING Defendants Joseph Kreins, Andrew Bidou from this action without leave to amend. (Michel, G.)
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Filing
12
ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/17/2017 DENYING 6 Motion to Dismiss as it relates to the plaintiff's Fourth Amendment claim against Defendant Jodi Brown; DENYING 6 Motion to Dismiss wi th regard to all other claims asserted in the 1 Complaint; GRANTING the plaintiff leave to amend his complaint with regard to his dismissed claims against the City of Vallejo, Jodi Brown, Jeff Tai, and Herman Robinson; ORDERING the plaintiff to fil e within thirty (30) days, either an amended complaint, a statement that he desires to proceed on his original Fourth Amendment claim against Jodi Brown, or a request for voluntary dismissal; DENYING 4 Motion for Leave to File Electronically; RECOM MENDING that Defendants Joseph Kreins, Andrew Bidou be dismissed from this action without leave to amend; REFERRING this matter to Judge Garland E. Burrell, Jr.; ORDERING that any objections be filed and served within fourteen (14) days. (Michel, G.)
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Filing
7
ORDER signed by Magistrate Judge Kendall J. Newman on 12/27/2016 ORDERING that the hearing on defendants' 6 motion to dismiss is CONTINUED to 2/16/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Plaintiff shall file a written opposition to defendants' motion, or statement of non-opposition thereto, on or before 2/2/2017. Defendants may file a written reply to plaintiff's opposition, if any, on or before 2/9/2017. (Zignago, K.)
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