D.M. v. County of Riverside et al
| D. M. |
| County of Riverside, Eddie Fisher, A. F., F. M., Y. G., R. M., R. M.1, R. M.2 and Does One Through Ten, Inclusive |
| 2:2009cv09239 |
| December 16, 2009 |
| US District Court for the Central District of California |
| Consuelo B Marshall |
| Oswald Parada |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 67
ORDER Granting Stipulation to Dismiss case #66 by Judge Consuelo B. Marshall. IT IS ORDERED that this entire action is dismissed with prejudice with the parties to bear their own costs and attorneys' fees. The Court shall retain jurisdiction over the structured settlement for plaintiff D.M. until said minor reaches the age of majority. (lom)
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| Filing 66 STIPULATION to Dismiss Case filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
| Filing 65 STIPULATION to Dismiss Case filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
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Filing 63
FIRST AMENDED ORDER by Judge Consuelo B. Marshall Approving Minor's Compromise. #49 , (Made JS-6. Case Terminated.) (jl)
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| Filing 64 MINUTES OF Motion Hearing held before Judge Consuelo B. Marshall: Amended Motion for Settlement Approval of Minor's Compromise #57 is GRANTED.Court Reporter: Sherri Kleeger. (jl) |
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Filing 62
MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: Amended Motion for Settlement Approval of Minor's Compromise (#57) is set for oral argument on June 5, 2012 at 1:00 p.m. (jl)
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Filing 61
MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: MOTION for Settlement Approval of Minor's Compromise #49 is submitted without oral argument. (jl)
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| Filing 60 DECLARATION of Christopher C. Vader MOTION for Settlement Approval of Minor's Compromise #49 filed by Plaintiff D. M.. (Attachments: #1 Exhibit Cost Ledger)(Vader, Christopher) |
| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amendment (Motion related),) #57 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Lodging. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amendment (Motion related) #56 . The following error(s) was found: Incorrect event selected. The correct event is: Declaration (Motion related). 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
| Filing 57 Amendment to MOTION for Settlement Approval of Minor's Compromise #49 First Amended (Proposed) Order Approving Compromise of Minor's Claim filed by Defendant D. M.. (Attachments: #1 Exhibit Exhibit B to Order, #2 Exhibit Addendum A to Order)(Vader, Christopher) |
| Filing 56 Amendment to MOTION for Settlement Approval of Minor's Compromise #49 Declaration of Christopher C. Vader in Support of First Amended (proposed) ORDER on Minor's Compromise filed by Plaintiff D. M.. (Vader, Christopher) |
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Filing 55
ORDER by Judge Consuelo B. Marshall: granting #54 Ex Parte Application to file under seal. IT IS HEREBY ORDERED: Susan Steele is hereby appointed as Guardian ad litem and Bernadette Allen is hereby removed. (lom)
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| Filing 54 EX PARTE APPLICATION for Leave to under seal filed by Plaintiff D. M. Lodged [Prop] Order.(lom) |
| Filing 53 NOTICE OF LODGING filed re MOTION for Appointment of Susan Steele as Guardian ad Litem for D.M. #50 (Attachments: #1 Proposed Order Granting Substitution of Guardina Ad Litem)(Vader, Christopher) |
| Filing 52 NOTICE OF LODGING filed re MOTION for Settlement Approval of Minor's Compromise #49 (Attachments: #1 Proposed Order Approving Minor's Compromise)(Vader, Christopher) |
| Filing 51 NOTICE OF LODGING filed re MOTION for Appointment of Susan Steele as Guardian ad Litem for D.M. #50 (Attachments: #1 Proposed Order Order Granting Second Subsitution of Guardian ad Litem)(Vader, Christopher) |
| Filing 50 NOTICE OF MOTION AND MOTION for Appointment of Susan Steele as Guardian ad Litem for D.M. filed by plaintiff D. M.. (Vader, Christopher) |
| Filing 49 NOTICE OF MOTION AND MOTION for Settlement Approval of Minor's Compromise filed by plaintiff D. M.. Motion set for hearing on 4/30/2012 at 11:00 AM before Judge Consuelo B. Marshall. (Vader, Christopher) |
| Filing 48 NOTICE of Manual Filing filed by Plaintiff D. M. of Application to Seal. (Vader, Christopher) |
| Filing 47 NOTICE of Manual Filing filed by Plaintiff D. M. of Declaration of Susan Steele, Declaration of Christopher C. Vader, Declaration of Christopher C. Vader, Plaintiff's True Identity. (Vader, Christopher) |
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Filing 46
ORDER Granting Stipulation for Leave #45 by Judge Consuelo B. Marshall. IT IS ORDERED that plaintiffs are granted leave to file amended complaints. Each complaint is to be amended solely for the purpose of naming as nominal defendants (necessary or indispensible parties) each of the non-plaintiff children of Annette Garcia, deceased. Each Amended Complaint shall be promptly filed and served on the newly named nominal defendants, and the current defendants will promptly file an Answer to each Amended Complaint. (lom)
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| Filing 45 STIPULATION for Leave to TO FILE AMENDED COMPLAINT filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
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Filing 44
ORDER by Judge Consuelo B. Marshall EXTENDING time to December 30, 2011 in order to complete settlement procedure. (jl)
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| Filing 43 STIPULATION for Order To Extend Time Withing Which Settlement Procedure Must Be Completed filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
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Filing 42
ORDER Granting Stipulation for Order #41 by Judge Consuelo B. Marshall. IT IS ORDERED that the time for completing the settlement procedure is extended to November 30, 2011. (lom)
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| Filing 41 STIPULATION for Order to Extend Time Within Which Settlement Procedure Must Be Completed filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
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Filing 40
ORDER by Judge Consuelo B. Marshall consolidating for all purposes CV09-9239 CBM and CV10-1706 CBM. (jl)
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Filing 39
ORDER Granting Substitution of Guardian Ad Litem re #35 , #36 by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED THAT the Court finds that it is reasonable and necessary to appoint a Substitute Guardian ad Litem for minor Plaintiff D.M. The Court orders that Bernadette Allen is hereby appointed in place of Roberto R. Ozuna as Guardian ad Litem for the minor D.M. for the reasons set forth in the Application. (lom)
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| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #35 , #36 . The following error(s) was found: Incorrect event selected. The correct event is: Appoint Guardian ad Litem. See category for Motions and Related Filings: Motions, etc., for event: Appoint Guardian ad Litem. See category for Motions and Related Filings: Motions, etc., for event: Appoint Guardian ad Litem. Using the correct event, will set the efiled document on the Judge's calendar. If you are unsure of the event, please use the SEARCH feature on the CM/ECF menu bar. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
| Filing 37 NOTICE OF LODGING filed re Miscellaneous Document #36 (Attachments: #1 Proposed Order Granting Substitution of Guardian Ad Litem)(Vader, Christopher) |
| Filing 36 Substitution of Guardian Ad Litem (Attachments: #1 Declaration of Bernadette Allen)(Vader, Christopher) |
| Filing 35 Substitution of Guardian Ad Litem - Civil (Attachments: #1 Proposed Order, #2 Declaration)(Vader, Christopher) |
| Filing 34 STIPULATION to Consolidate Cases as to CV10-01706 CBM (OPx) filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
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Filing 33
PROTECTIVE ORDER REGARDING DISCLOSURE OF TRAINING RECORDS FROM LAW ENFORCEMENT PERSONNEL RECORDS re Stipulation #28 by Judge Consuelo B. Marshall. (See attached document for details.) (lom)
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Filing 32
PROTECTIVE ORDER REGARDING DISCLOSURE OF INFORMATION FROM LAW ENFORCEMENT PERSONNEL RECORDS re Stipulation #29 by Judge Consuelo B. Marshall. (See attached document for details.) (lom) Modified on 5/13/2011 (lom).
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Filing 31
AMENDED SCHEDULING ORDER re Stipulation to Continue #30 by Judge Consuelo B. Marshall. IT IS ORDERED that the dates and deadlines in this matter are extended and continued as follows: 1. All fact discovery shall be completed on or before July 29, 2011; 2. Expert discovery shall be completed on or before September 30, 2011; 3. Motions shall be set for oral arguemnt on or before 1/9/12; 4. Pre-Trial Conference is set on 2/21/12 at 9:00 a.m.; 4. 7 day jury trial is set on 5/8/12 at 10:00 a.m. and Settlement Conference shall be held on or before October 28, 2011. (lom)
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| Filing 30 STIPULATION to Continue DATES AND DEADLINES filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
| Filing 29 STIPULATION for Protective Order filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
| Filing 28 STIPULATION for Protective Order filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
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Filing 27
ORDER by Judge Consuelo B. Marshall: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2) or (Sp3). IT IS FURTHER ORDERED that counsel for the parties may proceed through private mediation (Settlement Procedure No. 3) at their own expense if they choose to do so. The completion date for either settlement procedure is May 30, 2011. For Settlement Procedure No. 2, counsel are responsible for contacting the settlement officer at the appropriate time to arrange for further proceedings. Upon obtaining the settlement officer's consent to serve, counsel shall file Form ADR-02 (Stipulation Regarding Selection of Attorney Settlement Officer) with the court. For Settlement Procedure No. 3, counsel are responsible for contacting the mediator at the appropriate time to arrange for further proceedings. (lom)
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| Filing 26 PROOF OF SERVICE Executed by Plaintiff D. M., upon Defendant Does served on 6/16/2010, answer due 7/16/2010. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Vader, Christopher) |
| Filing 25 CERTIFICATE of Interested Parties filed by defendants County of Riverside, Does, (Porter, John) |
| Filing 24 ANSWER to Amended Complaint #15 (FIRST) filed by defendants County of Riverside, Does.(Porter, John) |
| Filing 23 NOTICE AND REQUEST of Settlement Procedure Selection (Sp2) filed; parties request to appear before an attorney selected by the Attorney Settlement Officer Panel or appointed by the Judge for Settlement Proceedings. Filed by Defendant County of Riverside (Attachments: #1 Order re: Settlement Procedure Selection: Request and Notice)(Porter, John) |
| Filing 22 MINUTES of Scheduling Conference held before Judge Consuelo B. Marshall. The Court ordered: 1. all fact discovery shall be completed on or before Feb. 28, 2011; 2. expert discovery shall be completed on or before April 30, 2011; 3. motions shall be set for oral argument on or before July 25, 2011 at 10:00 A.M.; 4. Pre Trial Conference is set on Sept. 19, 2011 at 2:30 P.M.; 5. 7 day Jury Trial is set on Nov. 1, 2011 at 10:00 A.M.; and 6. Settlement Conference shall be held on or before May 30, 2011. Court Reporter: Bridget Montero. (lom) |
| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan (FIRST AMENDED) ; estimated length of trial 7 days, filed by Defendant County of Riverside.. (Porter, John) |
| Filing 20 NOTICE of Association of Counsel associating attorney Christopher D. Lockwood on behalf of Defendant County of Riverside. Filed by Defendant County of Riverside (Lockwood, Christopher) |
| Filing 19 NOTICE of Related Case(s) filed by DEFENDANT County of Riverside. Related Case(s): CV-10-01706 RGK (AGRx) (Porter, John) |
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Filing 18
ORDER granting Stipulation #17 by Judge Consuelo B. Marshall. IT IS ORDERED that the Scheduling Conference in this matter is continued to allow time to coordinate with counsel in the related case, Fisher v. Riverside County, etc., USDC Case No. CV 10-1706 RGK (AGRx), in seeking to consolidate the two actions and submit a comprehensive Joint Scheduling Conference Report covering both cases. The Scheduling Conference is continued to July 19, 2010 at 11:00 AM. (lom)
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| Filing 17 STIPULATION to Reschedule Scheduling Conference filed by defendant County of Riverside. (Attachments: #1 Proposed Order)(Porter, John) |
| Filing 16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Defendant County of Riverside.. (Porter, John) |
| 21 DAY Summons Issued re Amended Complaint #15 as to Defendants County of Riverside, A. F., Eddie Fisher, Y. G., D. M., F. M., R. M., R. M.1, R. M.2, Does 1-10, inclusive. (lom) |
| Filing 15 FIRST AMENDED COMPLAINT #3 against Defendants County of Riverside, Does, A. F., Eddie Fisher, Y. G., D. M., F. M., R. M., R. M.1, R. M.2 filed by Plaintiff D. M. (lom) (Additional attachment(s) added on 6/2/2010: #1 Summons Issued) (lom). |
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Filing 14
ORDER Granting Stipulation to file a First Amended Complaint #12 by Judge Consuelo B. Marshall. It is hereby Ordered that plaintiff may file a First Amended Complaint.(lom)
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| Filing 13 NOTICE OF ERRATA filed by Plaintiff D. M.. correcting Stipulation to Amend/Correct #12 (Vader, Christopher) |
| Filing 12 STIPULATION to Amend filed by Plaintiff D. M.. (Attachments: #1 Proposed Order Granting Stipulation to File First Amended Summons and Complaint)(Vader, Christopher) |
| Filing 11 MINUTES of Scheduling Conference (In Chambers) by Judge Consuelo B. Marshall. On the Court's own motion, this case is set for a Scheduling Conference on June 21, 2010 at 11:00 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan within 14 days after the conference of counsel. The Rule 26(f) discovery plan shall contain the following information: 1. A brief description of the nature of the case and type of action filed and the date filed in the District Court; 2. The number of depositions to be taken by each side and the date the date the depositions are set; 3. The written discovery sought and date responses to interrogatories requests for production and requests for admissions are due; 4. The number of experts expected to be called by each side and the expert's area of expertise; 5. Proposed Pre Trial Conference date; 6. Date Demand for Jury Trial was filed; 7. Prospects of Settlement; 8. Positions of counsel re: consent to proceed before a Magistrate Judge; and 9. A list of contemplated motions, including what type of motion, a tentative hearing date, and whether discovery must be conducted prior to the filing of the motions. (lom) |
| Filing 10 Certificate of Interested Parties filed by defendant County of Riverside, (Porter, John) |
| Filing 9 ANSWER to Complaint - (Discovery) #3 with JURY DEMAND filed by defendant County of Riverside.(Porter, John) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff D. M., upon Defendant County of Riverside served on 3/10/2010, answer due 4/9/2010. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Vader, Christopher) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff D. M., upon Defendant R. M.1 served on 2/19/2010, answer due 3/21/2010. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Vader, Christopher) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff D. M., upon Defendant R. M. served on 2/19/2010, answer due 3/21/2010. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Vader, Christopher) |
| Filing 5 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff D. M., upon Defendant A. F. acknowledgment sent by Plaintiff on 2/4/2010, answer due 4/5/2010; Eddie Fisher acknowledgment sent by Plaintiff on 2/4/2010, answer due 4/5/2010. Acknowledgment of Service signed by Samuel Long, Attorney for Defendants Eddie Fisher and A.F., a minor. (Vader, Christopher) |
| Filing 4 Certification as to Interested Parties of Interested Parties filed by Plaintiff D. M. (lom) |
| Filing 3 COMPLAINT against defendants R. M., R. M.1, R. M.2, Does, County of Riverside, Eddie Fisher, A. F., F. M., Y. G., D. M.; (Filing fee $350 PAID); Jury Demanded; filed by plaintiff D. M.(esa) (ds). |
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Filing 2
ORDER by Magistrate Judge Oswald Parada granting #1 Application to Appoint Guardian ad Litem. Appointing Roberto R. Ozuna Guardian ad Litem for D.M. (esa) Modified on 12/30/2009 (esa).
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| 21 DAY Summons Issued re Complaint - (Discovery) #3 as to defendants R. M., R. M.1, R. M.2, Does, County of Riverside, Eddie Fisher, A. F., F. M., Y. G., D. M. (esa) |
| Filing 1 APPLICATION for Appointment of Roberto R. Ozuna as Guardian ad Litem for D.M. filed by plaintiff D. M.. Lodged Proposed Order. (Attachments: #1 Lodged Complaint, #2 Civil Cover Sheet)(ghap) |
| LODGED COMPLAINT forwarded to DUTY Magistrate Judge John E. McDermott. Complaint sought to be filed by Plaintiff D. M. (ghap) |
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