Napier et al v. San Diego County et al
Plaintiff: Napier, Charles Napier, Donna Napier, Gabriel Napier and Lilly Quiroz
Defendant: San Diego County, San Diego County Sheriff's Department, -, William Gore, Brandon Boisseranc, Nicholas Danza and Dylan Napier
Trustee: Richard M. Pachulski
Case Number: 3:2015cv00581
Filed: March 16, 2015
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Cathy Ann Bencivengo
Referring Judge: Karen S Crawford
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 cv Civil Rights Act - Civil Action for Deprivation of Rights
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2018 Opinion or Order Filing 126 ORDER Dismissing Action With Prejudice [Doc. No. #125 ]. Signed by Judge Cathy Ann Bencivengo on 1/29/2018. (jjg) (sjt).
January 29, 2018 Filing 125 Joint MOTION to Dismiss Entire Action With Prejudice by Brandon Boisseranc, Nicholas Danza. (Attachments: #1 Proof of Service)(Vilaseca, Christina) (jjg).
January 17, 2018 Filing 124 Minute Order: On January 16, 2018, the parties filed a Joint Stipulation to Request Court to Retain Jurisdiction to Enforce Settlement. [Doc. No. #123 .] The parties shall file a joint motion for dismissal or a status report by February 2, 2018. (jjg)
January 16, 2018 Filing 123 Joint Stipulation to Request Court to Retain Jurisdiction to Enforce Settlement by Gabriel Napier, Lilly Quiroz re #122 Order . (Lucero, Estevan) Modified on 1/17/2018 to edit docket text to match document(jjg).
November 28, 2017 Opinion or Order Filing 122 ORDER Approving the Ex-Parte Petition for Approval of Minor's Compromise of Claims [Doc. No. #118 ]. Signed by Judge Cathy Ann Bencivengo on 11/28/2017.(jjg)
November 28, 2017 Filing 121 Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Motion Hearing held on 11/28/2017 re #118 Ex Parte MOTION to Confirm Minor's Compromise filed by Lilly Quiroz, Gabriel Napier, Donna Napier, Charles Napier. The Court grants the motion with modifications as stated on the record. Pending the Bankruptcy Court's decision, the motion to dismiss shall be filed with the Court by 1/16/2018, otherwise further Status Conference will be set. Court deems all previously pending motions withdrawn. Further written order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Estevan Lucero).(Defendant Attorney Christina Vilaseca).(Guardian Ad Litem, Lily Quiroz). (no document attached) (lmh)
November 15, 2017 Filing 120 Minute Order: On November 9, 2017, Estevan Lucero, of the Lucero Law Firm, filed an ex parte petition for approval of compromise of minor's claim. [Doc. No. #118 .] The ex parte petition is HEREBY SET for hearing on November 28, 2017 at 11:00 a.m. (jjg)
November 13, 2017 Filing 119 MINUTE ORDER of Judge Cathy Ann Bencivengo: The Ex Parte MOTION to Confirm Minor's Compromise #118 was filed with the Court on 11/9/2017. Based upon the filing, the telephonic Status Conference set for 11/13/2017 was therefore VACATED.(no document attached) (lmh)
November 9, 2017 Filing 118 Ex Parte MOTION to Confirm Minor's Compromise by Charles Napier, Donna Napier, Gabriel Napier, Lilly Quiroz. (Attachments: #1 Declaration of Estevan R. Lucero)(Lucero, Estevan) (aef).
October 10, 2017 Filing 117 Minute Order: A telephonic status conference was held on October 10, 2017 at 10:00 a.m. in Courtroom 4-C. Estevan R. Lucero, Esq. appeared on behalf of Plaintiff. David L. Brodie, Esq. appeared on behalf of Defendants. Counsel confirmed that a settlement has been reached. Therefore the trial date, currently set for October 23, 2017, is HEREBY VACATED. Plaintiff shall file a motion to approve a minor's compromise by November 9, 2017. If no such motion is filed by November 9, 2017, a telephonic status conference shall be held on November 13, 2017 at 9:00 a.m. in Courtroom 4-C. (jjg)
October 10, 2017 Filing 116 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference re Settlement held on 10/10/2017. Further order to follow. Court vacates the Jury Trial set for 10/23/2017.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Estevan Lucero, telephonic via CourtCall). (Defendant Attorney David Brodie, telephonic via CourtCall). (no document attached) (lmh)
October 2, 2017 Filing 115 MINUTE ORDER. On 9/29/2017, the parties filed a joint notice of pending settlement and request to vacate trial date. [Doc. No. 114.] A telephonic conference is HEREBY SET for 10/10/2017 at 10:00 a.m. in Courtroom 4-C to discuss this matter. All counsel shall contact Court Call at 866-582-6878 to arrange for a telephonic appearance. (mxn)
September 29, 2017 Filing 114 NOTICE Joint Notice of Pending Settlement and Request to Vacate Trial Date by Brandon Boisseranc, Nicholas Danza (Attachments: #1 Proof of Service)(Vilaseca, Christina)(mxn).
September 8, 2017 Filing 113 NOTICE OF (A) PENDENCY OF CASE UNDER CHAPTER 11 OF THE FEDERAL BANKRUPTCY CODE; (B) APPOINTMENT OF TRUSTEE; AND (C) LIEN FOR ATTORNEYS FEES AND COSTS by Richard M. Pachulski (Pagay, Malhar)Attorney Malhar S. Pagay added to party Richard M. Pachulski(pty:trust) (jjg).
July 28, 2017 Opinion or Order Filing 112 Order Regarding Trial Procedures and Setting Pretrial Dates. Signed by Judge Cathy Ann Bencivengo on 7/28/2017.(jjg)
July 28, 2017 Filing 111 Minute Order: On July 26, 2017, the Court held a hearing with regard to the Order for Plaintiff's Counsel to Show Cause Why He Should Not Be Sanctioned for Failure to Appear at the Status Conference. [Doc. No. #108 ]. Estevan R. Lucero, Esq., counsel for Plaintiff, personally appeared. Christina I. Vilaseca, Esq., appeared on behalf of Defendants. Good cause for the failure to appear was NOT shown. Therefore, Estevan R. Lucero, Esq. is personally sanctioned in the amount of $426.00, payable to Defendants' counsel within seven days. Defendants' counsel shall forthwith provide Mr. Lucero with instructions as to the method of payment.(jjg)
July 28, 2017 Filing 110 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Show Cause Hearing re Contempt held on 7/28/2017. Court sanctions plantiffs' counsel for failure to appear. Based upon declaration #109 filed by defense, plaintiffs' counsel is sanctioned in the amount of $426.00, to be paid forthwith and payable to The County of San Diego. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Estevan Lucero). (Defendant Attorney Christina Vilaseca). (no document attached) (lmh)
July 27, 2017 Filing 109 NOTICE Defendants' Ex Parte Submission Re: Attorney's Fees and Exhibit Costs by Brandon Boisseranc, Nicholas Danza, San Diego County, San Diego County Sheriff's Department (Attachments: #1 Declaration of David Brodie in Support of Defendants' Ex Parte Submission Re: Attorney's Fees and Exhibit Costs, #2 Declaration of Christina I. Vilaseca in Support of Defendants' Ex Parte Submission Re: Attorney's Fees and Exhibit Costs, #3 Exhibit A, #4 Proof of Service)(Vilaseca, Christina) (jjg).
July 26, 2017 Opinion or Order Filing 108 ORDER Setting Trial Date and Order for Plaintiff's Counsel to Show Cause why he Should not be Sanctioned for Failure to Appear at the Status Conference. Order to Show Cause Hearing set for 7/28/2017 at 11:00 AM in Courtroom 4C before Judge Cathy Ann Bencivengo. Signed by Judge Cathy Ann Bencivengo on 7/26/2017. (fth)
July 26, 2017 Filing 107 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Status Conference re setting Jury Trial held on 7/26/2017. Plaintiffs' counsel N/A, court finds counsel in contempt of court order. Order to Show Cause re Contempt Hearing set for 7/28/2017 11:00 AM in Courtroom 4C before Judge Cathy Ann Bencivengo. Jury Trial set for 10/23/2017 08:45 AM in Courtroom 4C before Judge Cathy Ann Bencivengo (trial schedule set 10/23/17 - 10/26/17; 10/30/17-10/31/17).(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Estevan Lucero N/A). (Defendant Attorney David Brodie and Christina Vilaseca). (no document attached) (lmh)
July 17, 2017 Opinion or Order Filing 106 Amended Order Regarding Defendants' Motion for Summary Judgment [Doc. No. #50 ]. Signed by Judge Cathy Ann Bencivengo on 7/17/2017. (jjg)
July 17, 2017 Filing 105 Minute Order: This Court's Order Denying Motion for Summary Judgment [Doc. No. #69 ] is HEREBY VACATED. An amended order regarding Defendants' motion for summary judgment [Doc. No. #50 ] will issue in due course. (jjg)
June 16, 2017 Filing 104 REPLY - Other re #103 Reply - Other, Reply to Plaintiff's Response to OSC Re: Qualified Immunity filed by Brandon Boisseranc, Nicholas Danza. (Attachments: #1 Exhibit A, #2 Proof of Service)(Brodie, David) (jjg).
June 2, 2017 Filing 103 REPLY - Other re #101 Order to Show Cause, Terminate Deadlines and Hearings filed by Gabriel Napier, Lilly Quiroz. (Attachments: #1 Declaration of Estevan R. Lucero, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Proof of Service)(Lucero, Estevan) (jjg).
May 17, 2017 Filing 102 Minute Order: Due to the pending Order to Show Cause [Doc. No. #101 ], the hearing regarding jury instructions, currently set for June 8, 2017, is HEREBY VACATED. The briefing schedule regarding jury instructions [set forth in Doc. No. #97 ] is also HEREBY VACATED. (jjg)
May 12, 2017 Opinion or Order Filing 101 ORDER TO SHOW CAUSE Re Whether Defendants Should Be Granted Qualified Immunity In Light of Recent Ninth Circuit Decision; Order Vacating Trial Date. Signed by Judge Cathy Ann Bencivengo on 5/12/2017.(jjg)
May 10, 2017 Opinion or Order Filing 100 ORDER Denying Ex Parte Application to Continue Trial Date [Doc. No. #98 ]. Signed by Judge Cathy Ann Bencivengo on 5/10/2017. (jjg)
May 8, 2017 Filing 99 RESPONSE in Opposition re #98 Ex Parte MOTION to Continue Trial Date filed by Brandon Boisseranc, Nicholas Danza. (Attachments: #1 Declaration of Christina I. Vilaseca in Support of Defendants' Opposition to Plaintiff's Ex Parte Application to Continue Trial Date, #2 Exhibit A, #3 Proof of Service)(Vilaseca, Christina) (jjg).
May 5, 2017 Filing 98 Ex Parte MOTION to Continue Trial Date by Gabriel Napier, Lilly Quiroz. (Attachments: #1 Declaration of Estevan R. Lucero, #2 Exhibit A)(Lucero, Estevan) (jjg).
April 27, 2017 Opinion or Order Filing 97 ORDER Following Status Conference. Signed by Judge Cathy Ann Bencivengo on 4/27/2017. (jjg)
April 27, 2017 Filing 96 Plaintiffs Objections to Defendants' Proposed Jury Instructions and Objection to Defendants' Proposed Special Interrogatory by Gabriel Napier, Lilly Quiroz. (jjg)
April 27, 2017 Filing 95 Defendants Objections to Plaintiffs Proposed Jury Instructions by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Exhibit A)(jjg)
April 27, 2017 Filing 94 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference held on 4/27/2017. Plaintiffs' counsel N/A. Court confirms Jury Trial schedule previously set. Regarding negligence claim, the court sets a hearing on 6/8/2017 10:00 AM; court to issue setting and briefing order. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Estevan Lucero N/A). (Defendant Attorney Christina Vilaseca, telephonic appearance (CourtCall)). (no document attached) (lmh)
April 10, 2017 Filing 93 Minute Order: Re Telephonic Status Conference (jjg)
April 10, 2017 Filing 92 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Status Hearing re Trial Schedule held on 4/10/2017. Jury Trial not held, Plaintiffs' counsel unavailable due to emergency. Jury Trial reset for 6/19/2017 - 6/22/2017, and 6/26/2107 - 6/27/2017 08:45 AM in Courtroom 4C before Judge Cathy Ann Bencivengo. Plaintiffs' counsel to contact the court if conflict with new trial schedule.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Gregory Peacock, S/A for Estevean Lucero, N/A). (Defendant Attorney David Brodie and Christina Vilaseca). (no document attached) (lmh)
March 27, 2017 Filing 91 Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Motion In Limine Hearing held on 3/27/2017. Courts ruling on Defendants' In Limine Motions are as follows: #77 In Limine MOTION to Exclude Improper Appeals to the Jury's Passion or Prejudice - denied without prejudice; #78 In Limine MOTION to Exclude Autopsy Photographs [No. 2 of 5] - reserved by the Court; #79 In Limine MOTION to Exclude Irrelevant Evidence of the Decedent's Character [No. 3 of 5] - granted; #80 In Limine MOTION to Exclude Evidence, Opinions and Arguments of Bad Police Tactics [No. 4 of 5] - denied without prejudice; #81 In Limine MOTION to Exclude Exhibits Not Disclosed or Produced Prior to the Fact Discovery Cut-off [No. 5 of 5] - granted. Court's ruling on Plaintiffs' In Limine Motions are as follows: #83 In Limine MOTION to Exclude Any Evidence of the Decedent's Alleged Gang Affiliation - denied without prejudice; #84 In Limine MOTION to Exclude Any Evidence of the Decedent's Alleged Drug Use - denied; #85 In Limine MOTION to Exclude Any Evidence of the Decedent's Criminal History or Other Bad Acts - denied in part/reserved in part for reasons as stated on the record. Final Pretrial Conference held on 3/27/2017. Jury Trial confirmed to begin 4/10/2017 08:45 AM, with six (6) days reserved. Proposed voir dire questions and proposed jury instructions to be filed no later than 4/5/2017. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Estevan Lucero).(Defendant Attorney David Brodie and Christina Vilaseca). (no document attached) (lmh)
March 27, 2017 Opinion or Order Filing 90 Order Regarding Trial Procedures and Setting Pretrial Dates. Signed by Judge Cathy Ann Bencivengo on 3/27/2017. (jjg)
March 27, 2017 Opinion or Order Filing 89 Joint Pretrial Order. Signed by Judge Cathy Ann Bencivengo on 3/27/2017. (jjg)
March 21, 2017 Filing 88 RESPONSE in Opposition re #78 In Limine MOTION to Exclude Autopsy Photographs [No. 2 of 5], #80 In Limine MOTION to Exclude Evidence, Opinions and Arguments of Bad Police Tactics [No. 4 of 5], #77 In Limine MOTION to Exclude Improper Appeals to the Jury's Passion or Prejudice filed by Gabriel Napier. (Lucero, Estevan) (jjg).
March 20, 2017 Filing 87 RESPONSE in Opposition re #85 In Limine MOTION to Exclude Any Evidence of the Decedent's Criminal History or Other Bad Acts, #83 In Limine MOTION to Exclude Any Evidence of the Decedent's Alleged Gang Affiliation filed by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Vilaseca, Christina) (jjg).
March 20, 2017 Filing 86 RESPONSE in Opposition re #84 In Limine MOTION to Exclude Any Evidence of the Decedent's Alleged Drug Use filed by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Exhibit A, #2 Proof of Service)(Vilaseca, Christina) (jjg).
March 13, 2017 Filing 85 In Limine MOTION to Exclude Any Evidence of the Decedent's Criminal History or Other Bad Acts by Lilly Quiroz. (Lucero, Estevan) (jjg).
March 13, 2017 Filing 84 In Limine MOTION to Exclude Any Evidence of the Decedent's Alleged Drug Use by Gabriel Napier. (Lucero, Estevan) (jjg).
March 13, 2017 Filing 83 In Limine MOTION to Exclude Any Evidence of the Decedent's Alleged Gang Affiliation by Gabriel Napier. (Lucero, Estevan) (jjg).
March 13, 2017 Filing 82 DECLARATION re #78 In Limine MOTION to Exclude Autopsy Photographs [No. 2 of 5], #80 In Limine MOTION to Exclude Evidence, Opinions and Arguments of Bad Police Tactics [No. 4 of 5], #77 In Limine MOTION to Exclude Improper Appeals to the Jury's Passion or Prejudice, #79 In Limine MOTION to Exclude Irrelevant Evidence of the Decedent's Character [No. 3 of 5], #81 In Limine MOTION to Exclude Exhibits Not Disclosed or Produced Prior to the Fact Discovery Cut-off [No. 5 of 5] Declaration of Christina I. Vilaseca in Support of Defendants' Motions in Limine 1-5 by Defendants Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Brodie, David) (jjg).
March 13, 2017 Filing 81 In Limine MOTION to Exclude Exhibits Not Disclosed or Produced Prior to the Fact Discovery Cut-off [No. 5 of 5] by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Brodie, David) (jjg).
March 13, 2017 Filing 80 In Limine MOTION to Exclude Evidence, Opinions and Arguments of Bad Police Tactics [No. 4 of 5] by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Brodie, David) (jjg).
March 13, 2017 Filing 79 In Limine MOTION to Exclude Irrelevant Evidence of the Decedent's Character [No. 3 of 5] by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Brodie, David) (jjg).
March 13, 2017 Filing 78 In Limine MOTION to Exclude Autopsy Photographs [No. 2 of 5] by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Brodie, David) (jjg).
March 13, 2017 Filing 77 In Limine MOTION to Exclude Improper Appeals to the Jury's Passion or Prejudice by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Brodie, David) (jjg).
March 3, 2017 Opinion or Order Filing 76 ORDER Granting #75 Joint Motion for Continuance of Final Pretrial Conference and Motion in Limine Hearing on March 20, 2017. Signed by Judge Cathy Ann Bencivengo on 3/3/2017. (jjg)
February 28, 2017 Filing 75 Joint MOTION to Continue Pretrial Conference and Motion in Limine Hearing on March 20, 2017 by Lilly Quiroz. (Lucero, Estevan) (jjg).
February 21, 2017 Filing 74 Pretrial Disclosures by Gabriel Napier, Lilly Quiroz (Lucero, Estevan) (jjg).
February 17, 2017 Filing 73 Pretrial Disclosures by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department (Attachments: #1 Proof of Service)(Brodie, David) (jjg).
February 9, 2017 Filing 72 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: A Mandatory Settlement Conference was held on 2/9/2017. The case did not settle.(no document attached) (plh)
February 3, 2017 Filing 71 Good cause appearing, defendants' unopposed Ex Parte Motion to Excuse Individually Named County Defendants from Personal Attendance at the Mandatory Settlement Conference is GRANTED. [Doc. No.70.] Signed by Magistrate Judge Karen S. Crawford on 2/3/2017. (no document attached) (plh)
January 24, 2017 Filing 70 Ex Parte MOTION to Excuse Appearance of Brandon Boisseranc and Nicholas Danza at Mandatory Settlement Conference, by Brandon Boisseranc, Nicholas Danza. (Attachments: #1 Proof of Service)(Brodie, David) (jjg).
January 4, 2017 Opinion or Order Filing 69 ORDER Denying Motion for Summary Judgment [Doc. #50 ]. Signed by Judge Cathy Ann Bencivengo on 1/4/2017.(jjg)
January 4, 2017 Opinion or Order Filing 68 ORDER Setting Trial and Pretrial Dates and Procedures. Signed by Judge Cathy Ann Bencivengo on 1/4/2017.(jjg)
January 4, 2017 Filing 67 Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 1/4/2017 re #50 MOTION for Summary Judgment filed by William Gore, Nicholas Danza, Brandon Boisseranc, San Diego County. Motion for Summary Judgment is denied. Court resets the Final Pretrial Conference set for 3/17/2017 to 3/20/2017 at 02:00 PM in Courtroom 4C before Judge Cathy Ann Bencivengo. Additionally, Jury Trial (6-day estimate) set for 4/10/2017 08:45 AM in Courtroom 4C before Judge Cathy Ann Bencivengo. Further written order will follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Estevan Lucero).(Defendant Attorney David Brodie and Christina Vilaseca). (no document attached) (lmh) Modified on 1/4/2017 to correct Jury Trial start date (lmh).
December 30, 2016 Filing 66 NOTICE of Attorney Lien by Donna Napier (Peacock, Gregory) (jjg).
December 22, 2016 Opinion or Order Filing 65 ORDER to Substitute Attorney. Attorney Estevan R. Lucero added. Attorney Mark J. A. Bloom terminated as to Lilly Quiroz. Signed by Judge Cathy Ann Bencivengo on 12/22/2016.(jjg)
December 22, 2016 Filing 64 Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Motion Hearing held on 12/22/2016. Court grants #59 Emergency MOTION to Substitute Attorney filed by Lilly Quiroz, Gabriel Napier. Order of Attorney Substitution to follow. Additionally, the court denies #58 Ex Parte MOTION to Appoint Guardian ad Litem Petition to Remove and Replace Guardian Ad Litem. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Gregory Peacock).(Estevan Lucero). (no document attached) (lmh)
December 19, 2016 Filing 63 RESPONSE in Opposition re #59 Emergency MOTION to Substitute Attorney filed by Donna Napier. (Attachments: #1 Declaration of Claudia Salazar, #2 Declaration of Sofia Amador, #3 Declaration of Eddy Arnold)(Peacock, Gregory) (jjg).
December 13, 2016 Filing 62 Minute Order: re #58 Ex Parte MOTION to Appoint Guardian ad Litem Petition to Remove and Replace Guardian Ad Litem, #59 Emergency MOTION to Substitute Attorney : Responses due by 12/19/2016. Motion Hearing set for 12/22/2016 at 02:00 PM in Courtroom 4C before Judge Cathy Ann Bencivengo. Guardian Ad Litem Lilly Quiroz is Hereby Ordered to Personally Appear. (jjg)
December 12, 2016 Filing 61 NOTICE of Withdrawal of Plaintiff's counsel Mark Bloom, Esq. by Gabriel Napier (Peacock, Gregory) (jjg).
December 12, 2016 Filing 60 NOTICE of Withdrawal of Plaintiff's counsel Philip J. Layfield, Esq. by Gabriel Napier (Peacock, Gregory) (jjg).
December 12, 2016 Filing 59 Emergency MOTION to Substitute Attorney by Gabriel Napier, Lilly Quiroz. (Attachments: #1 Declaration of Estevan R. Lucero, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit H, #9 Declaration of Lilly Quiroz, #10 Exhibit A to Declaration of Lilly Quiroz)(Lucero, Estevan)Attorney Estevan R. Lucero added to party Lilly Quiroz(pty:pla) (jjg).
December 9, 2016 Filing 58 Ex Parte MOTION to Appoint Guardian ad Litem Petition to Remove and Replace Guardian Ad Litem by Gabriel Napier. (Peacock, Gregory) (jjg).
November 30, 2016 Filing 57 Minute Order: #50 MOTION for Summary Judgment .( Motion Hearing set for 1/4/2017 at 10:00 AM before Judge Cathy Ann Bencivengo.)(jjg)
November 16, 2016 Filing 56 REPLY to Response to Motion re #50 MOTION for Summary Judgment filed by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Vilaseca, Christina) (dxj).
November 9, 2016 Filing 55 RESPONSE in Opposition re #50 MOTION for Summary Judgment filed by Charles Napier. (Attachments: #1 Declaration of Gregory Peacock in Support of Plaintiffs' Opposition to Def's Motion for Summary Judgment, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Peacock, Gregory) (jjg).
October 13, 2016 Opinion or Order Filing 54 ORDER re Plaintiff's Ex Parte Application to Continue the Hearing Date for Defendants' Motion for Summary Judgment (Doc. No. #52 ). IT IS HEREBY ORDERED that opposition to Defendants' Motion for Summary Judgment (which was due by October 26, 2016) shall be filed by November 9, 2016. Reply to the opposition shall be filed by November 16, 2016. The motion will then be under submission and the parties will be notified if oral argument is deemed necessary. Signed by Judge Cathy Ann Bencivengo on 10/13/2016. (cxl)
October 13, 2016 Opinion or Order Filing 53 ORDER Granting Joint Motion to Extend Deadline to File Daubert Motions and to Dismiss Certain Causes of Action (Doc. No. #51 ). IT IS HEREBY ORDERED that the deadline to file Daubert motions shall be December 2, 2016. IT IS ALSO HEREBY ORDERED that Plaintiffs' second cause of action (Municipal Liability) and Plaintiffs' fifth cause of action (Intentional Infliction of Emotional Distress) are dismissed with prejudice. Signed by Judge Cathy Ann Bencivengo on 10/13/2016. (cxl) Modified text on 10/13/2016 (cxl).
October 13, 2016 Filing 52 Ex Parte MOTION to Continue Motion for Summary Judgment by Charles Napier. (Attachments: #1 Declaration of Greg Peacock in Support of Plaintiff's Unopposed Ex Parte Application to Continue the hearing date for Defendants' Motion for Summary Judgment, #2 Proposed Order)(Peacock, Gregory)Attorney Gregory Paul Peacock added to party Charles Napier(pty:pla) qc re proposed order (cxl).
October 12, 2016 Filing 51 Joint MOTION for Extension of Time to File Daubert Motions and to Dismiss Certain Causes of Action by Brandon Boisseranc, Nicholas Danza, San Diego County. (Attachments: #1 Proof of Service)(Brodie, David) (cxl).
October 12, 2016 Filing 50 MOTION for Summary Judgment by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael Barnett, #3 Notice of Lodgment of Exhibits and Request for Judicial Notice of Exhibits 11 & 12, #4 Proof of Service)(Brodie, David) (cxl).
August 29, 2016 Opinion or Order Filing 49 Correction to Third Amended Scheduling ORDER (Doc. No. #48 ). The Final Pre-trial Conference is scheduled on the calendar of Judge Bencivengoon March 17, 2017 at 2:30 p.m. All other terms and conditions of the Third Amended Scheduling Order shall remain in full force and effect. Signed by Magistrate Judge Karen S. Crawford on 8/29/2016.(cxl)
August 17, 2016 Opinion or Order Filing 48 ORDER Granting Joint Motion to Continue Pre-Trial Dates (Doc. No. #47 ).A Mandatory Settlement Conference shall be conducted on February 8, 2017 at 2:30 p.m. in the chambers of Magistrate Judge Karen S. Crawford. Proposed Pretrial Order due by 3/10/2017. The final Pretrial Conference is scheduled on the calendar of Judge Bencivengo on March 17, 2016 at 2:30 p.m.. Signed by Magistrate Judge Karen S. Crawford on 8/17/2016. (cxl)
July 21, 2016 Filing 47 Joint MOTION to Continue Pre-Trial Dates; Declaration of Christina I. Vilaseca in Support Thereof by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Vilaseca, Christina) (cxl).
June 16, 2016 Filing 46 NOTICE OF WITHDRAWAL OF PLAINTIFF'S COUNSEL: CLAYTON T. ROBERTSON, ESQ. by Gabriel Napier (Robertson, Clayton) (cxl).
May 31, 2016 Filing 45 NOTICE OF WITHDRAWAL OF DOCUMENT by Gabriel Napier DOCUMENTS NUMBER 39-41. (Peacock, Gregory) (cxl).
May 26, 2016 Filing 44 NOTICE of Appearance of Plaintiff's Counsel by Gregory Paul Peacock on behalf of Gabriel Napier (Peacock, Gregory)Attorney Gregory Paul Peacock added to party Gabriel Napier (pty:pla) (Spoke to attorney re improper signature on proof of service; requested filer to withdraw doc nos 39-41) (dls).
May 26, 2016 Filing 43 NOTICE OF WITHDRAWAL OF PLAINTIFF'S COUNSEL: DANIEL DESANTIS, ESQ. by Gabriel Napier (Robertson, Clayton)(Spoke to attorney re improper signature on proof of service; requested filer to withdraw doc nos 39-41) (dls).
May 26, 2016 Filing 42 NOTICE OF WITHDRAWAL OF PLAINTIFF'S COUNSEL: VALERIE BRADBURY, ESQ. by Gabriel Napier (Robertson, Clayton) (Spoke to attorney re improper signature on proof of service; requested filer to withdraw doc nos 39-41) (dls).
May 25, 2016 Filing 41 **WITHDRAWN PER #45 NOTICE** NOTICE of Appearance of Plaintiff's Counsel: Gregory P. Peacock, Esq. by Clayton Thomas Robertson on behalf of Gabriel Napier (Robertson, Clayton) (QC email sent re incorrect signature and login/password) (dls). Modified on 6/1/2016 (cxl).
May 25, 2016 Filing 40 **WITHDRAWN PER #45 NOTICE** NOTICE OF WITHDRAWAL OF PLAINTIFF'S COUNSEL: VALERIE BRADBURY, ESQ. by Gabriel Napier (Robertson, Clayton) (QC email sent re incorrect signature and login/password) (dls). Modified on 6/1/2016 (cxl).
May 25, 2016 Filing 39 **WITHDRAWN PER #45 NOTICE** NOTICE OF WITHDRAWAL OF PLAINTIFF'S COUNSEL: DANIEL DESANTIS, ESQ. by Gabriel Napier (Robertson, Clayton) (QC email sent re incorrect signature and login/password) (dls). Modified on 6/1/2016 (cxl).
May 23, 2016 Filing 38 NOTICE OF LIEN by Gabriel Napier (Lucero, Estevan) (dls).
May 5, 2016 Filing 37 NOTICE of Change of Address by Mark J. A. Bloom (Bloom, Mark) atty admissions notified(cxl).
April 12, 2016 Opinion or Order Filing 36 ORDER Granting Joint Motion for Protective Order. Signed by Magistrate Judge Karen S. Crawford on 4/12/2016. (cxl)
March 14, 2016 Opinion or Order Filing 35 ORDER Granting Joint Motion to Continue Discovery and Expert Deadlines (Doc. No. #31 ). A Mandatory Settlement Conference shall be conducted on August 29, 2016 at 9:30 a.m. in the chambers of Magistrate Judge Karen S. Crawford. Proposed Pretrial Order due by 1/27/2017. The final Pretrial Conference is scheduled on the calendar of Judge Bencivengo on February 3, 2017 at 2:30 p.m.. Signed by Magistrate Judge Karen S. Crawford on 3/11/2016. (cxl) (Main Document corrected on 3/14/2016) (cxl).
March 11, 2016 Filing 34 NOTICE of Appearance of Clayton T. Robertson, Esq. by Mark J. A. Bloom on behalf of Gabriel Napier, Lilly Quiroz (Bloom, Mark) qc re s/signature; attorney associated(cxl).
February 29, 2016 Filing 33 Joint MOTION for Protective Order Regarding Photographs of Decedent by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Brodie, David)(cxl).
February 22, 2016 Opinion or Order Filing 32 ORDER granting #30 Motion to Substitute Attorney. Attorney Estevan Lucero terminated. Signed by Judge Cathy Ann Bencivengo on 2/19/2016. (cxl)
February 19, 2016 Filing 31 Joint MOTION to Continue Pre-Trial Discovery and Expert Deadlines by Charles Napier, Donna Napier, Gabriel Napier, Lilly Quiroz. (Bloom, Mark) (cxl).
February 18, 2016 Filing 30 MOTION to Substitute Attorney by Charles Napier, Donna Napier, Gabriel Napier, Lilly Quiroz. (Bloom, Mark)Attorney Mark J. A. Bloom added to party Charles Napier(pty:pla), Attorney Mark J. A. Bloom added to party Donna Napier(pty:pla), Attorney Mark J. A. Bloom added to party Gabriel Napier(pty:pla), Attorney Mark J. A. Bloom added to party Lilly Quiroz(pty:pla) qc missing pos (cxl).
February 10, 2016 Opinion or Order Filing 29 Protective ORDER Regarding Deposition Testimony. Signed by Magistrate Judge Karen S. Crawford on 2/10/2016. (cxl)
January 29, 2016 Filing 28 Joint MOTION for Protective Order Regarding Deposition Testimony, and Order Thereon by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department. (Attachments: #1 Proof of Service)(Brodie, David) (cxl).
December 17, 2015 Filing 27 NOTICE by Gabriel Napier of Change of Firm Name (Bradbury, Valerie) (cxl).
December 7, 2015 Filing 26 NOTICE of Appearance by Christina Isabel Vilaseca on behalf of Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department (Attachments: #1 Proof of Service)(Vilaseca, Christina)Attorney Christina Isabel Vilaseca added to party Brandon Boisseranc(pty:dft), Attorney Christina Isabel Vilaseca added to party Nicholas Danza(pty:dft), Attorney Christina Isabel Vilaseca added to party William Gore(pty:dft), Attorney Christina Isabel Vilaseca added to party San Diego County(pty:dft), Attorney Christina Isabel Vilaseca added to party San Diego County Sheriff's Department(pty:dft)(cxl).
December 3, 2015 Opinion or Order Filing 25 ORDER Granting #24 Joint Motion to Amend the Scheduling Order; Amended Scheduling Order. A Mandatory Settlement Conference shall be conducted on 6/23/2016 at 9:30 AM in the chambers of Magistrate Judge Karen S. Crawford. The Proposed Final Pretrial Conference Order shall be served and lodged with the assigned District Judge on or before 11/10/2016. The final Pretrial Conference is scheduled on the calendar of Judge Bencivengo on 11/18/2016 at 2:30 PM. Signed by Magistrate Judge Karen S. Crawford on 12/3/2015. (dls)
November 23, 2015 Filing 24 Joint MOTION to Continue Pretrial Dates by Gabriel Napier, Lilly Quiroz. (Attachments: #1 Exhibit A, Joint Motion for Determination of Discovery Dispute, #2 Exhibit B, Plaintiff's Meet and Confer Letter)(Bradbury, Valerie)Attorney Valerie Bradbury added to party Gabriel Napier(pty:pla), Attorney Valerie Bradbury added to party Lilly Quiroz(pty:pla) (cxl).
August 27, 2015 Opinion or Order Filing 23 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Case Management Conference was held on August 14,2015. A Mandatory Settlement Conference shall be conducted on 5/16/2016 at 9:30 a.m. in the chambers of Magistrate Judge Karen S. Crawford. Proposed Pretrial Order due by 10/7/2016. Final Pretrial Conference set for 10/14/2016 at 02:00 PM before Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Karen S. Crawford on 8/26/2015.(cxl)
July 29, 2015 Filing 22 NOTICE of Appearance by Ronald Lenert on behalf of Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department (Lenert, Ronald)Attorney Ronald Lenert added to party Brandon Boisseranc(pty:dft), Attorney Ronald Lenert added to party Nicholas Danza(pty:dft), Attorney Ronald Lenert added to party William Gore(pty:dft), Attorney Ronald Lenert added to party San Diego County(pty:dft), Attorney Ronald Lenert added to party San Diego County Sheriff's Department(pty:dft) (cxl).
July 16, 2015 Opinion or Order Filing 21 Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance, and Notice of Telephonic Case Management Conference. Early Neutral Evaluation Conference held on 6/29/2015. Telephonic Case Management Conference set for 8/14/2015 at 09:30 AM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 7/15/2015.(cxl)
June 29, 2015 Filing 20 Minute Entry for proceedings held before Magistrate Judge Karen S. Crawford: An Early Neutral Evaluation Conference was held on 6/29/2015. The case did not settle. Scheduling order to follow.(no document attached) (plh)
June 25, 2015 Filing 19 Good cause appearing, the Ex Parte Application requesting to excuse the personal appearance of William D. Gore at the Early Neutral Evaluation Conference on 6/29/2015 is GRANTED. [Doc. No. 16.] Signed by Magistrate Judge Karen S. Crawford on 6/25/2015. (no document attached) (plh)
June 10, 2015 Opinion or Order Filing 18 ORDER DISMISSING Charles Napier and Donna Napier from the lawsuit without prejudice. The Joint Motion for Plaintiffs Charles Napier and Donna Napier to Dismiss All Causes of Actions Against Defendants Without Prejudice and Be Dismissed from the Lawsuit is GRANTED. This ORDER shall not affect Plaintiff Gabriel Napier's rights or causes of actions against the above referenced Defendants and Plaintiff Gabriel Napier, by and through his guardian ad litem Lilly Quiroz, will continue to pursue this lawsuit as the sole Plaintiff at this time. Signed by Judge Cathy Ann Bencivengo on 6/10/2015. (cxl)
June 9, 2015 Filing 17 Joint MOTION to Dismiss Party Charles Napier and Donna Napier by Gabriel Napier. (DeSantis, Daniel) qc re proposed order not to be efiled (cxl).
May 14, 2015 Filing 16 Ex Parte MOTION to Excuse Appearance of William D. Gore at Early Neutral Evaluation Conference, by William Gore. (Attachments: #1 Proof of Service)(Brodie, David) (cxl).
April 24, 2015 Opinion or Order Filing 15 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 6/29/2015 at 09:30 AM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 4/24/2015.(cxl)
April 7, 2015 Filing 14 ANSWER to #1 Complaint, with Jury Demand by Brandon Boisseranc, Nicholas Danza, William Gore, San Diego County, San Diego County Sheriff's Department.(Brodie, David)Attorney David L Brodie added to party Brandon Boisseranc(pty:dft), Attorney David L Brodie added to party Nicholas Danza(pty:dft), Attorney David L Brodie added to party William Gore(pty:dft), Attorney David L Brodie added to party San Diego County(pty:dft), Attorney David L Brodie added to party San Diego County Sheriff's Department(pty:dft) (cxl).
March 30, 2015 Filing 13 MOTION to Appoint Guardian, Lilly Quiroz ad Litem for Gabriel Napier by Charles Napier, Donna Napier, Gabriel Napier. (Layfield, Philip) (cxl).
March 30, 2015 Opinion or Order Filing 12 ORDER for Appointment of Guardian Ad Litem (Doc. No. #11 ). The Petition for an order appointing Lilly Quiroz as guardian ad litem for Petitioner is granted. Signed by Judge Cathy Ann Bencivengo on 3/30/2015. (cxl)
March 27, 2015 Filing 11 MOTION to Appoint Guardian, Lilly Quiroz ad Litem for Gabriel Napier by Charles Napier, Donna Napier, Gabriel Napier. (DeSantis, Daniel) Modified on 3/30/2015; qc re s/signature and missing certificate of service (cxl).
March 23, 2015 Filing 10 SUMMONS Returned Executed by Charles Napier, Donna Napier, Gabriel Napier. Dylan Napier served. (DeSantis, Daniel)(cxl).
March 23, 2015 Filing 9 SUMMONS Returned Executed by Charles Napier, Donna Napier, Gabriel Napier. Brandon Boisseranc served. (DeSantis, Daniel) (cxl).
March 23, 2015 Filing 8 SUMMONS Returned Executed by Charles Napier, Donna Napier, Gabriel Napier. Nicholas Danza served. (DeSantis, Daniel) (cxl).
March 23, 2015 Filing 7 SUMMONS Returned Executed by Charles Napier, Donna Napier, Gabriel Napier. William Gore served. (DeSantis, Daniel) (cxl).
March 23, 2015 Filing 6 SUMMONS Returned Executed by Charles Napier, Donna Napier, Gabriel Napier. San Diego County Sheriff's Department served. (DeSantis, Daniel) (cxl).
March 23, 2015 Filing 5 SUMMONS Returned Executed by Charles Napier, Donna Napier, Gabriel Napier. San Diego County served. (DeSantis, Daniel) (cxl).
March 20, 2015 Filing 4 NOTICE of Appearance by Estevan Lucero on behalf of Charles Napier, Donna Napier, Gabriel Napier (Lucero, Estevan)Attorney Estevan Lucero added to party Charles Napier(pty:pla), Attorney Estevan Lucero added to party Donna Napier(pty:pla), Attorney Estevan Lucero added to party Gabriel Napier(pty:pla) (cxl).
March 19, 2015 Filing 3 NOTICE of Appearance by Philip James Layfield on behalf of Charles Napier, Donna Napier, Gabriel Napier (Layfield, Philip)Attorney Philip James Layfield added to party Charles Napier(pty:pla), Attorney Philip James Layfield added to party Donna Napier(pty:pla), Attorney Philip James Layfield added to party Gabriel Napier(pty:pla) (vam).
March 16, 2015 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (acc)(jrd)
March 13, 2015 Filing 1 COMPLAINT With Jury Demand Against San Diego County, San Diego County Sheriff's Department, William Gore, Brandon Boisseranc, Nicholas Danza, Dylan Napier (Filing fee $ 400 receipt number 0974-7892620.), filed by Charles Napier, Donna Napier, Gabriel Napier. (Attachments: #1 Cover Sheet, #2 Affidavit)The new case number is 3:15-cv-00581-CAB-KSC. Judge Cathy Ann Bencivengo and Magistrate Judge Karen S. Crawford are assigned to the case. (DeSantis, Daniel)[ATTY MAINT](acc)(jrd)

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Search for this case: Napier et al v. San Diego County et al
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Defendant: San Diego County
Represented By: Christina Isabel Vilaseca
Represented By: David L Brodie
Represented By: Ronald Lenert
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Defendant: San Diego County Sheriff's Department, -
Represented By: Christina Isabel Vilaseca
Represented By: David L Brodie
Represented By: Ronald Lenert
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Defendant: William Gore
Represented By: Christina Isabel Vilaseca
Represented By: David L Brodie
Represented By: Ronald Lenert
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Defendant: Brandon Boisseranc
Represented By: Christina Isabel Vilaseca
Represented By: David L Brodie
Represented By: Ronald Lenert
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Defendant: Nicholas Danza
Represented By: Christina Isabel Vilaseca
Represented By: David L Brodie
Represented By: Ronald Lenert
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Defendant: Dylan Napier
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Plaintiff: Napier
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Plaintiff: Charles Napier
Represented By: Daniel DeSantis
Represented By: Estevan R. Lucero
Represented By: Gregory Paul Peacock
Represented By: Mark J. Bloom
Represented By: Philip James Layfield
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Plaintiff: Donna Napier
Represented By: Daniel DeSantis
Represented By: Estevan R. Lucero
Represented By: Mark J. Bloom
Represented By: Philip James Layfield
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Plaintiff: Gabriel Napier
Represented By: Clayton Thomas Robertson
Represented By: Daniel DeSantis
Represented By: Estevan R. Lucero
Represented By: Gregory Paul Peacock
Represented By: Mark J. Bloom
Represented By: Philip James Layfield
Represented By: Valerie Bradbury
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Plaintiff: Lilly Quiroz
Represented By: Clayton Thomas Robertson
Represented By: Estevan R. Lucero
Represented By: Mark J. Bloom
Represented By: Valerie Bradbury
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Trustee: Richard M. Pachulski
Represented By: Malhar S. Pagay
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