Jesus Escochea v. The County of Los Angeles et al
| Jesus Escochea |
| The County of Los Angeles, Ronald Valdivia, Jackie Lacey, The City of Hawthorne, Steve Cooley and Keith Kauffman |
| 2:2016cv00271 |
| January 13, 2016 |
| US District Court for the Central District of California |
| John E McDermott |
| John F Walter |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| Both |
Docket Report
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This docket was last retrieved on June 7, 2018. A more recent docket listing may be available from PACER.
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Filing 277
ORDER STRIKING FILED DOCUMENTS FROM THE RECORD by Judge John F. Walter. The documents were improperly filed for the following reasons: Hearing date is untimely. IT IS HEREBY ORDERED that the documents shall be stricken from the record and shall not be considered by the Court: Plaintiff's Notice of Motion and Motion for Sanctions Pursuant to Rule 11 of the Federal Rules of Civil Procedure June 4, 2018. (iv)
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Filing 278
ORDER RE: DEFENDANT RONALD VALDIVIA'S NOTICE OF MOTION AND MOTION FOR AN ORDER ACKNOWLEDGING FULL SATISFACTION OF JUDGMENT BY SERGEANT VALDIVIA AND TO REMOVE ABSTRACT OF JUDGMENT INSTRUMENT NO. 2017-05533865, OR, IN THE ALTERNATIVE, FOR AN ORDER TO COMPEL ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; AND FOR ATTORNEY'S FEES AND DAMAGES by Judge John F. Walter. Defendant, Ronald Valdivia's Motion for an Order Acknowledging Full Satisfaction of Judgment by Sergeant Valdivia and to Remove Abstract of Judgment Instrument No. 2017-0553386, filed with the San Bernardino County Recorder's Office, is GRANTED. Defendants' request for an award of attorneys' fees and damages as against Plaintiff, Jesus Escochea is GRANTED. County of Los Angeles is entitled to recover $9,900.00 in attorney's fees against Plaintiff. County of Los Angeles is further entitled to recover $100.00 in statutory damages pursuant to the California Code of Civil Procedure 724.050(e) against Plaintiff. (iv)
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Filing 276
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT RONALD VALDIVIAS MOTION FOR AN ORDER ACKNOWLEDGING FULL SATISFACTION OF JUDGMENT BY SERGEANT VALDIVIA AND TO REMOVE ABSTRACT OF JUDGMENT INSTRUMENT NO. 2017-05533865, OR, IN THE ALTERNATIVE, FOR AN ORDER TO COMPEL ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT [filed 5/3/18; DocketNo. #274 ] by Judge John F. Walter. Defendant's Motion is GRANTED. The Court signs, as modified, the proposed Order lodged with the Court on May 3, 2018. (iv)
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| Filing 275 NOTICE OF NON OPPOSITION TO MOTION FOR AN ORDER filed by DEFENDANTS The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 274 NOTICE OF MOTION AND MOTION for Order for ACKNOWLEDGING FULL SATISFACTION OF JUDGMENT BY SERGEANT VALDIVIA AND TO REMOVE ABSTRACT OF JUDGMENT INSTRUMENT NO. 2017-05533865, OR, IN THE ALTERNATIVE, FOR AN ORDER TO COMPEL ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; AND FOR ATTORNEYS FEES AND DAMAGES OF $9,900.00 AGAINST JESUS ESCOCHEA; DECLARATION OF TOMAS GUTERRES filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 6/4/2018 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Guterres, Tomas) |
| Filing 273 DECLARATION of Tomas A. Guterres in support of court order NOTICE OF MOTION AND MOTION for Order for ACKNOWLEDGING FULL SATISFACTION OF JUDGMENT BY SERGEANT VALDIVIA AND TO REMOVE ABSTRACT OF JUDGMENT INSTRUMENT NO. 2017-05533865, OR, IN THE ALTERNATIVE, FOR AN ORDER TO COMPEL ACKNOWLEDGMENT OF SATISFACTION O #271 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 272 Text Entry Order: Defendant Ronald Valdivias Motion for an Order Acknowledging Full Satisfaction of Judgment By Sergeant Valdivia and to Remove Abstract of Judgment Instrument No. 2017-05533865, Or, in the Alternative, for an Order to Compel Acknowledgment ofSatisfaction of Judgment; and for Attorneys Fees and Damages of $9,900.00 Against Jesus Escochea filed on March 27, 2018 (Docket No. #271 ) is STRICKEN for failure to comply with Local Rule 7-3 which requires the conference of counsel to take place at least seven days prior to the filing of the Motion and paragraph 5(b) of the Court's Standing Order which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Defendant wishes to re-file the Motion, counsel shall meet and confer in person by April 6, 2018. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 271 *stricken* NOTICE OF MOTION AND MOTION for Order for ACKNOWLEDGING FULL SATISFACTION OF JUDGMENT BY SERGEANT VALDIVIA AND TO REMOVE ABSTRACT OF JUDGMENT INSTRUMENT NO. 2017-05533865, OR, IN THE ALTERNATIVE, FOR AN ORDER TO COMPEL ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; AND FOR ATTORNEYS FEES AND DAMAGES OF $9,900.00 AGAINST JESUS ESCOCHEA; DECLARATION OF TOMAS A. GUTERRES filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 4/30/2018 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Guterres, Tomas) Modified on 3/30/2018 (sr). |
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Filing 270
NOTICE OF SATISFACTION OF JUDGMENT BY DEFENDANTS COUNTY OF LOS ANGELES AND RONALD VALDIVIA AND ORDER OF DISMISSAL WITH PREJUDICE #269 by Judge John F. Walter that the action be dismissed with prejudice this 10th day of January 2018. (Case CLOSED). (jp)
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| Filing 269 SATISFACTION OF JUDGMENT re Judgment, #267 entered In favor of Jesus Escochea Against Ronald Valdivia, In favor of Jesus Escochea Against The County of Los Angeles AND ORDER OF DISMISSAL WITH PREJUDICE filed by Defendants The County of Los Angeles, Ronald Valdivia. (Guterres, Tomas) |
| Filing 268 ABSTRACT of Judgment issued in favor of Plaintiff Jesus Escochea and against Ronald Valdivia in the principal amount of $ 350,000.00, interest in the amount of $ 0.00, attorneys fees of $ 0.00, costs of $ 0.00; RE: Judgment #267 . (lom) |
| Filing 267 JUDGMENT by Judge John F. Walter. IT IS ORDERED ADJUDGED AND DECREED that the plaintiff shall have and recover from the County of Los Angeles and Ronald Valdivia the total sum of $350,000.00, said amount to be inclusive of all damages, attorneys' fees, and costs. (Case CLOSED). (jp) |
| Filing 265 STIPULATION to Alter Judgment re Judgment,, #220 . filed by Plaintiff Jesus Escochea. (Attachments: #1 Proposed Order [PROPOSED] JUDGMENT)(Ferlauto, Thomas) |
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Filing 266
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #248 filed by Ronald Valdivia, Notice of Appeal to 9th Circuit Court of Appeals #263 filed by Ronald Valdivia. CCA # 17-56043 and 17-56561. Pursuant to the Stipulation of the parties, these appeals are dismissed without prejudice to reinstatement in the event that the district court denies the parties stipulated motion to amend the judgment pursuant to the parties global resolution. Reinstatement shall be by notice filed in this court and served on all parties and the Circuit Mediator within 28 days of the entry of an order by the district court denying approval of the stipulated motion to amend the judgment. In the absence of timely reinstatement, this appeal shall be deemed dismissed with prejudice with each side to bear their own costs on appeal. A copy of this order shall serve as and for the mandate of this court. (jp)
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| Filing 264 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56561 assigned to Notice of Appeal to 9th Circuit Court of Appeals #263 as to defendant Ronald Valdivia. (jp) |
| Filing 263 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Ronald Valdivia. Appeal of R&R - Accepting Report and Recommendations #262 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20659066.) (Attachments: #1 REPRESENTATION STATEMENT)(Jardin, James) |
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Filing 262
ORDER ACCEPTING AND ADOPTING AMENDED Report and Recommendations - Special Master, Pursuant to Court's Order of August 10, 2017 #260 by Judge John F. Walter. (jp)
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Filing 261
MINUTE (IN CHAMBERS): ORDER ACCEPTING AND ADOPTING AMENDED Report and Recommendation of Special Master, Pursuant to Court's Order of August 10, 2017 #260 by Judge John F. Walter: After carefully considering the Report and Recommendation, the Court accepts and adopts the Report and Recommendation in its entirety. (jp)
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| Filing 260 AMENDED REPORT AND RECOMMENDATIONS of Special Master (sr) |
| Filing 259 REPORT AND RECOMMENDATIONS of Special Master Pursuant to Court's Order of August 10, 2017. Proposed order attached. (sr) |
| Filing 258 TRANSCRIPT ORDER as to Defendant Ronald Valdivia for Court Reporter. Court will contact James Jardin at jjardin@ccmslaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Jardin, James) |
| Filing 257 DESIGNATION of Record on Appeal by Defendant Ronald Valdivia re #248 (Jardin, James) |
| Filing 256 BILL OF COSTS. Costs taxed in amount of $4,183.86 in favor of Defendant County of Los Angeles and against Plaintiff Escochea regarding #229 : APPLICATION to the Clerk to Tax Costs against Plaintiff Jesus Escochea (ri) |
| Filing 255 BILL OF COSTS. Costs taxed in amount of $5,403.15 in favor of Plaintiff Escochea and against Defendant Ronald Valdivia regarding #225 : APPLICATION to the Clerk to Tax Costs against Defendant Ronald Valdivia. (ri) |
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Filing 254
MINUTE (IN CHAMBERS): ORDER REGARDING Joint Statement of the Parties Re Attempted Meet and Confer on Motion for Attorneys Fees #252 by Judge John F. Walter: The Court orders the parties to submit Plaintiffs request for attorneys fees to an agreed upon special master. Because the Court concludes that both parties bear responsibility for the parties failure to conduct a good faith meet and confer, each party shall be responsible for fifty percent of the special master's costs. The proceedings before the special master shall be completed by 9/1/2017, and the special master shall submit a Report and Recommendation to the Court by 9/8/2017. (jp)
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Filing 253
MINUTES (IN CHAMBERS): ORDER DENYING County of Los Angeles Motion for Attorney's Fees #228 by Judge John F. Walter: Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court found the matter appropriate for submission on the papers without oral argument. The matter was, therefore, removed from the Court's 7/24/2017 hearing calendar and the parties were given advance notice. After considering the moving, opposing, and reply papers, and the arguments therein, the Court rules as follows: The County argues that they are entitled to an award of attorneys' fees under 42 USC 1988 as a prevailing party in this action. In this case, Plaintiff dismissed his tort in se and negligence claims against the County at the 1/19/2017 Final Pretrial Conference and the Court granted summary judgment in favor of the County on Plaintiff's Monell claim on 5/18/2017. However, the Court does not find that Plaintiff's case was frivolous, unreasonable, or without foundation, and, therefore, declines to award the County its attorneys' fees. Accordingly, the County's Motion is DENIED. (jp)
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| Filing 252 STATEMENT OF THE PARTIES RE ATTEMPTED MEET AND CONFER ON MOTION FOR ATTORNEY FEES filed by Plaintiff Jesus Escochea re: Order on Motion for Attorney Fees,,,,, #246 . (Ferlauto, Thomas) |
| Filing 251 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56043 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #248 as to Plaintiff Jesus Escochea. (mat) |
| Filing 250 FILING FEE LETTER issued as to defendants The County of Los Angeles, Ronald Valdivia, re Notice of Appeal to 9th Circuit Court of Appeals, #248 (mat) |
| FILING FEE PAID for Notice of Appeal to Ninth Circuit Court of Appeals. Receipt No. 0973-20225277 for $505 filing fee. (Jardin, James) |
| Filing 249 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #248 . (Jardin, James) |
| Filing 248 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Ronald Valdivia. Appeal of Judgment,, #220 , Minutes of In Chambers Order/Directive - no proceeding held, #232 . (Appeal Fee - Fee exempt pursuant to statute). (Jardin, James) |
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Filing 247
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION County of Los Angeles' Motion for Attorney's Fees #228 by Judge John F. Walter: Pursuant to Rule 78 of the FRCP and L.R. 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 7/24/2017 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (jp)
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Filing 246
MINUTES (IN CHAMBERS) ORDER GRANTING Plaintiff's Motion for Attorneys Fees #224 by Judge John F. Walter: The parties are ordered to meet and confer in person on or before 7/28/2017, to attempt in good faith to agree on the amount of reasonable attorneys' fees that should be awarded to Plaintiff, keeping in mind that a contested request for attorneys' fees "should not result in a second major litigation." Based on the billing records submitted with Plaintiffs Motion, it appears that Plaintiff has provided Defendants with all the billing records and other documents which he relies on in support of his request for reasonable attorneys' fees. Therefore, on or before 7/20/2017, Plaintiff shall provide to Defendants a draft of his portion of a Joint Statement which may eventually be submitted to the Court. The Joint Statement shall be formatted as a table in WordPerfect (X6 or earlier versions) or Microsoft Word (Word 2010 or earlier versions). Following the conference of counsel, in the unlikely event that any matters remain in dispute, the parties shall prepare a final version of the Joint Statement, which Plaintiff shall then file on or before 7/31/2017. For all the foregoing reasons, Plaintiffs Motion is GRANTED. (jp)
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| Filing 245 STATEMENT RE Application To Tax Costs filed by Plaintiff Jesus Escochea re: APPLICATION to the Clerk to Tax Costs against Defendant Ronald Valdivia #225 . (Ferlauto, Thomas) |
| Filing 244 STATEMENT decision filed by Defendant The County of Los Angeles re: NOTICE OF MOTION AND MOTION for Attorney Fees #228 . (Peterson, Lisa) |
| Filing 243 STATEMENT Of Decision Re Motion For Attorney Fees By The County Of Los Angeles filed by Plaintiff Jesus Escochea re: NOTICE OF MOTION AND MOTION for Attorney Fees #228 . (Ferlauto, Thomas) |
| Filing 242 REPLY Reply NOTICE OF MOTION AND MOTION for Attorney Fees #228 filed by Defendant The County of Los Angeles. (Attachments: #1 Declaration, #2 Exhibit)(Peterson, Lisa) |
| Filing 241 STATEMENT re: APPLICATION to the Clerk to Tax Costs against Plaintiff Jesus Escochea #229 . (Attachments: #1 Exhibit Receipts and Invoices)(Peterson, Lisa) |
| Filing 240 STATEMENT Decision filed by Defendants The County of Los Angeles, Ronald Valdivia re: NOTICE OF MOTION AND MOTION for Attorney Fees #224 . (Peterson, Lisa) |
| Filing 239 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Attorney Fees #224 (Attachments: #1 Attachment A [Proposed] Statement of Decision)(Cohen, Philip) |
| Filing 238 STATEMENT of Decision of Plaintiff's Motion for Attorney's Fees NOTICE OF MOTION AND MOTION for Attorney Fees #224 filed by Plaintiff Jesus Escochea. (Cohen, Philip) |
| Filing 237 REPLY In Support of Plaintiff's Motion for Attorneys Fees filed by Plaintiff Jesus Escochea. (Cohen, Philip) |
| Filing 236 MEMORANDUM in Opposition to Defendant County of Los Angeles's Motion for Attorney Fees filed by Plaintiff Jesus Escochea. (Attachments: #1 Declaration of Thomas M. Ferlauto)(Cohen, Philip) |
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Filing 235
ORDER RE CONTINUING HEARING ON PLAINTIFF'S MOTION FOR ATTORNEY FEES by Judge John F. Walter. Denied by Order of the Court. The Court will rule on the papers and no hearing will be necessary. (jloz)
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| Filing 234 STIPULATION to Continue Plaintiff's Motion For Fees from 07/17/17 to 07/24/17 filed by Plaintiff Jesus Escochea. (Attachments: #1 Proposed Order)(Ferlauto, Thomas) |
| Filing 233 Opposition Attorney's Fees re: NOTICE OF MOTION AND MOTION for Attorney Fees #224 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
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Filing 232
MINUTE (IN CHAMBERS): ORDER DENYING Defendant ronald Valdivia's Amended Renewed Motion for Judgment as a Matter of Law Under Rule 50(b) #214 by Judge John F. Walter: The Court finds that the jury had a legally sufficient evidentiary basis for its verdict and for its award of punitive damages, and that Defendant is not entitled to qualified immunity. Accordingly, Defendants Motion is DENIED. (jp)
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| Filing 231 DECLARATION of Tomas Guterres filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 230 STATEMENT of Decision NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law #214 filed by Defendant Ronald Valdivia. (Peterson, Lisa) |
| Filing 229 APPLICATION to the Clerk to Tax Costs against Plaintiff Jesus Escochea filed by Defendant The County of Los Angeles. (Peterson, Lisa) |
| Filing 228 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant The County of Los Angeles. Motion set for hearing on 7/24/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration Tomas Guterres, #2 Declaration Lisa Peterson) (Peterson, Lisa) |
| Filing 227 DECLARATION of Thomas M. Ferlauto re Text Only Scheduling Notice,,,, 223 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 226 STATEMENT Of Decision Re Motion For Judgment As An Matter Of Law filed by Plaintiff Jesus Escochea [PROPOSED] re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law #214 . (Ferlauto, Thomas) |
| Filing 225 APPLICATION to the Clerk to Tax Costs against Defendant Ronald Valdivia filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 224 NOTICE OF MOTION AND MOTION for Attorney Fees filed by PLAINTIFF Jesus Escochea. Motion set for hearing on 7/17/2017 at 01:30 PM before Judge John F. Walter. (Ferlauto, Thomas) |
| Filing 223 TEXT ENTRY ONLY by Judge John F. Walter. The Court has reviewed the docket in this action and determined that counsel have failed to file the proposed Statement of Decision required by paragraph 5(f) of the Court's Standing Order in connection with Defendant Ronald Valdivia's Amended Renewed Motion for Judgment as a Matter of Law Under Rule 50(b) filed on May 22, 2017 (Docket No. #214 ). Accordingly, counsel are ordered to show cause in writing by June 21, 2017 why they should not each be sanctioned in the amount of $1,500.00 for violating the Court's Standing Order. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions. In addition, the parties shall file the required proposed Statement of Decision on or before June 21, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
| Filing 222 STATEMENT Of Compliance With Rule 7-3 RE Motions For Attorney Fees filed by Plaintiff Jesus Escochea (Ferlauto, Thomas) |
| Filing 221 REPLY NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law #214 filed by Defendant Ronald Valdivia. (Peterson, Lisa) |
| Filing 220 JUDGMENT by Judge John F. Walter. IT IS NOW, THEREFORE, HEREBY ORDERED, ADJUDGED AND DECREED that judgment is entered in this action as follows: Plaintiff Jesus Escochea shall have judgment in his favor and against Defendant Ronald Valdivia on his Fourth Amendment claim. Plaintiff Jesus Escochea shall recover 12,500.00, plus attorneys' fees in the amount of $______ and costs in the amount of $______. Defendant the County of Los Angeles shall have judgment in its favor and against Plaintiff Jesus Escochea on his Monell claim. Defendant County of Los Angeles shall recover attorneys fees in the amount of $______ and costs in the amount of $_______ (MD JS-6, Case Terminated). (jp) Modified on 8/18/2017 (sr). |
| Filing 219 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law #214 filed by Plaintiff Jesus Escochea. (Attachments: #1 Exhibit 11 - Part 1, #2 Exhibit 11 - Part 2, #3 Exhibit 13)(Ferlauto, Thomas) |
| Filing 218 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: [PROPOSED] AMENDED Joint Judgment #217 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Lodging - under Category - NOTICES. OTHER: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the 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. (jp) |
| Filing 217 Amended STIPULATION for Judgment as to filed by Defendants The County of Los Angeles, Ronald Valdivia.(Peterson, Lisa) |
| Filing 216 Text Entry Order: The Court declines to sign the proposed Judgment in a Civil Action submitted on May 27, 2017, Docket No. #215 , because it does not provide for the disposition of all claims and parties. Counsel shall submit a new joint proposed Judgment by May 31, 2017.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 215 Joint STIPULATION for Judgment as to IN A CIVIL ACTION filed by Plaintiff Jesus Escochea.(Ferlauto, Thomas) |
| Filing 214 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law filed by Defendants Ronald Valdivia. Motion set for hearing on 6/26/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Exhibit A) (Peterson, Lisa) |
| Filing 213 DECLARATION of Thomas M. Ferlauto re Text Only Scheduling Notice,,,, 206 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 212 DECLARATION of Tomas Guterres filed by Defendant Ronald Valdivia. (Peterson, Lisa) |
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Filing 211
MINUTES (IN CHAMBERS): ORDER GRANTING County of Los Angeles Motion for Summary Judgment as to Plaintiff's Monell Claim #210 by Judge John F. Walter: Pursuant to Local Rule 7-12, the Court deems Plaintiff's failure to file an Opposition or to otherwise comply with Local Rule 7-9 as consent to the granting of Defendant's Motion. Accordingly, Defendant's Motion is GRANTED. All of the parties are ordered to meet and confer and prepare a joint proposed Judgment which is consistent with this Order and the Verdict Form. The parties shall lodge the joint proposed Judgment with the Court on or before 5/26/2017. In the unlikely event that counsel are unable to agree upon a joint proposed Judgment, the parties shall each submit separate versions of a proposed Judgment along with a declaration outlining their objections to the opposing party's version no later than 5/26/2017. (jp)
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| Filing 210 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 6/5/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration William Brown, #3 Declaration Lisa Peterson, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Proposed Order) (Peterson, Lisa) |
| Filing 209 Text Entry Order: Order to Show Cause #207 is discharged.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 208 DECLARATION of Tomas Guterres re Minutes of In Chambers Order/Directive - no proceeding held,, #199 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Guterres, Tomas) |
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Filing 207
MINUTE (IN CHAMBERS): ORDER TO SHOW CAUSE by Judge John F. Walter: Lead counsel for the Defendant is ordered to show cause in writing by 5/10/2017, why he should not be sanctioned in the amount of $1,500.00 for failure to comply with the Court's Minute Order dated April 27, 2017 (Docket No. 199). Failure to respond to the Order to Show Cause will result in the imposition of sanctions. (jp)
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| Filing 206 Text Entry Order: Defendant Ronald Valdivias Renewed Motion for Judgment As a Matter of Law under Rule 50(b) filed on May 3, 2017 (Docket No. #204 ) is STRICKEN for failure to comply with Local Rule 7-3 which requires the conference of counsel to take place at least seven days prior to the filing of the Motion and paragraph 5(b) of the Court's Standing Order which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Defendant wishes to re-file the Motion, counsel shall meet and confer in person by May 22, 2017. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 205 EXHIBIT A to NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Rule 50(b) #204 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 204 *STRICKEN* NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Rule 50(b) filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 6/5/2017 at 01:30 PM before Judge John F. Walter. (Peterson, Lisa) Modified on 5/5/2017 (sr). |
| Filing 203 NOTICE OF FILING TRANSCRIPT filed for proceedings 04-04-17, 8:32 am; 04-04-17, 1:18 pm; 04-05-17, 8:01 am re Transcript #200 , #201 , #202 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY |
| Filing 202 TRANSCRIPT for proceedings held on 04-05-17 8:01 am. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.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 5/24/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/1/2017. (Algorri, Miranda) |
| Filing 201 TRANSCRIPT for proceedings held on 04-04-17, 1:18 pm. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.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 5/24/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/1/2017. (Algorri, Miranda) |
| Filing 200 TRANSCRIPT for proceedings held on 04-04-17, 8:32 am. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.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 5/24/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/1/2017. (Algorri, Miranda) |
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Filing 199
MINUTE (IN CHAMBERS): ORDER Regarding Briefing Schedule for Motion for Summary Judgment on Plaintiff's Monell Claim by Judge John F. Walter: The Court orders Defendant to file a motion for summary judgment regarding Plaintiff's Monell claim, and sets the following briefing schedule: (1) Defendant's motion for summary judgement shall be filed by 5/8/2017; (2) Plaintiff's Opposition shall be filed by 5/15/2017; (3) Defendant's Reply shall be filed by 5/22/2017; and (4) a hearing on the motion for summary judgment is set for 6/5/2017, at 1:30 PM. The Court waives Local Rule 7-3 and the requirements of paragraph 5(b) of the Court's 1/19/2016 Standing Order for purposes of this motion for summary judgment. (jp)
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| Filing 198 OBJECTIONS to Notice (Other) #197 Objection to Proposed Judgment filed by Defendant The County of Los Angeles. (Jardin, James) |
| Filing 197 NOTICE OF FILING [PROPOSED] JUDGMENT filed by PLAINTIFF Jesus Escochea. (Ferlauto, Thomas) |
| Filing 196 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/30/2017 at 8:54 a.m. re Transcript #195 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY |
| Filing 195 TRANSCRIPT for proceedings held on 3/30/2017 at 8:54 a.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. 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 5/15/2017. Redacted Transcript Deadline set for 5/25/2017. Release of Transcript Restriction set for 7/24/2017. (Ponce, Myra) |
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Filing 194
TEXT ONLY ORDER: by Judge John F. Walter. Counsel shall meet and confer and agree on a proposed judgment consistent with the jury's verdict and submit the proposed judgment by April 24, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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| Filing 193 TRANSCRIPT ORDER as to Defs., County of Los Angeles and Ronald Valdivia The County of Los Angeles for Court Reporter. Court will contact Nicholas Caplin at ncaplin@ccmslaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Jardin, James) |
| Filing 192 TRANSCRIPT ORDER as to Defs., County of Los Angeles and Ronald Valdivia The County of Los Angeles for Court Reporter. Court will contact Nicholas Caplin at ncaplin@ccmslaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Jardin, James) |
| Filing 191 UNREDACTED - VERDICT FORM re: Redacted - Verdict Form #190 . (jp) |
| Filing 190 REDACTED - VERDICT FORM. (jp) |
| Filing 189 UNREDACTED - Jury Notes #2 re: Redacted Jury Notes #2 #188 . (jp) |
| Filing 188 REDACTED - Jury Notes # 2 filed. (jp) |
| Filing 187 UNREDACTED - Jury Note Jury Notes # 1 filed re: Redacted Jury Notes # 1 #186 . (jp) |
| Filing 186 REDACTED - Jury Notes # 1 filed. (jp) |
| Filing 185 LIST OF EXHIBITS AND WITNESSES at trial. (jp) |
| Filing 184 JURY INSTRUCTIONS (Given) by Judge John F. Walter. (jp) |
| Filing 183 MINUTES OF Jury Trial - 2nd Day held and completed before Judge John F. Walter: Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rests. Defense rests. Closing arguments made by Plaintiff. Closing arguments made by Defense. Bailiff sworn. Jury Instructed. Jury Instructed. Jury retires to deliberate. Filed jury notes 1, 2 and response from Court to note 1. Filed witness/exhibit list. Filed jury instructions. Jury verdict in favor of Plaintiff is read and filed. Jury polled. Counsel shall make arrangements with the Courtroom Deputy Clerk to pick up remaining exhibits, depositions and subpoenaed documents. Court Reporter: Miranda Algorri. (jp) |
| Filing 182 MINUTES OF Jury Trial - 1st Day held before Judge John F. Walter: Jury empanelled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 4/5/2017 at 8:00 AM. Court Reporter: Miranda Algorri. (jp) |
| Filing 181 Effective April 10, 2017, Judge McDermott will be located at the Edward R. Roybal Federal Building, COURTROOM 630 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 630 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 1st Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 180 STATEMENT Of The Case filed by Plaintiff Jesus Escochea Joint Amended (Ferlauto, Thomas) |
| Filing 179 MINUTE IN CHAMBERS by Judge John F. Walter: The Court was unable to commence the jury trial as scheduled and the Trial was rescheduled for 2/21/2017. Pursuant to the Joint Stipulation Re Late Disclosures filed on February 2/10/2017 [docketno. #149 ], the Defendant agreed to pay for cost of the unused jury panel. Accordingly, the Court orders payment as follows: Defendant shall pay the cost of the unused jury panel in the amount of $1.724.01. Payment shall be made payable to the Clerk of Court not later than 4/7/2017. (jp) |
| Filing 178 MINUTES OF FINAL PRETRIAL CONFERENCE before Judge John F. Walter: The Final Pretrial Conference is held. Court and counsel discuss Jury Instructions, Verdict Form and various other pretrial and trial issues. Court issues rulings as stated on the record. The Jury Trial remains set for 4/4/2017 at 8:30 AM. Court Reporter: Myra Ponce. (jp) |
| Filing 177 PROPOSED JURY VERDICT filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 176 PROPOSED JURY INSTRUCTIONS filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 175 STATEMENT Joint re: statute of limitations filed by Defendants The County of Los Angeles, Ronald Valdivia (Peterson, Lisa) |
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Filing 174
ORDER GRANTING CONTINUANCE OF TRIAL DATE #172 by Judge John F. Walter. The Court hereby orders that the Trial Date be continued to April 4, 2017 at 8:30 a.m. Final Status Conference is set for March 30, 2017 at 9:00 a.m. (lom)
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Filing 173
MINUTE ORDER (IN CHAMBERS): ORDER APPROVING THE STIPULATION AND JOINT REQUEST FOR CONTINUANCE OF THE TRIAL DATE [filed 3/3/17; Docket No. 172] by Judge John F. Walter. The Court approves the Stipulation and Joint Request for Continuance of the Trial Date filedMarch 3, 2017 #172 and signs the proposed Order continuing the trial date from March 28, 2017 to April 4, 2017 at 8:30 a.m. Lead counsel shall meet and confer in person and agree on jury instructions for the statute of limitations affirmative defense. Because the statute of limitations affirmative defense is governed by California law, counsel should use the Judicial Council of California Jury Instructions (CACI). In addition, counsel shall agree on a revised verdict form in light of the dismissal of the First Amendment claim and the statute of limitations affirmative defense. Counsel shall file the jury instructions and revised verdict form on March 20, 2017. The Court sets a Final Status Conference for March 30, 2017 at 9:00 a.m. (lom)
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| Filing 172 STIPULATION to Continue Trial Date from 3/28/17 to 4/4/17 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Attachments: #1 Proposed Order)(Peterson, Lisa) |
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Filing 171
STIPULATION AND ORDER RE PLAINTIFF'S CLAIM BASED UPON A VIOLATION OF THE FIRST AMENDMENT #169 by Judge John F. Walter The Court orders as follows: Plaintiff shall not pursue his claim under 42 USC Section 1983 based upon an alleged violation of the First Amendment against Defendants, and said claim dismissed. Plaintiff reserves his right to assert his claim under 42 USC Section 1983 based upon an alleged violation of the Fourth Amendment against Defendants. (lom)
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Filing 170
MINUTES (IN CHAMBERS): ORDER APPROVING STIPULATION RE PLAINTIFF'S CLAIM BASED UPON A VIOLATION OF THE FIRST AMENDMENT #169 by Judge John F. Walter. In light of the Stipulation, Defendants' Motion for Partial Summary Judgment filed February 27, 2017 #164 , is DENIED as moot. (lom)
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| Filing 169 STIPULATION for Order Re First Amendment Claim filed by Plaintiff Jesus Escochea.(Ferlauto, Thomas) |
| Filing 168 MINUTES OF TELEPHONIC CONFERENCE before Judge John F. Walter: Court and counsel discuss Joint Statement filed February 24, 2017 [docket no. 162] and various trial issues. The Jury Trial remains set for 3/28/2017 at 8:30 AM. Counsel shall file a stipulation and proposed order dismissing the First Amendment Claim and revised jury instructions and verdict form as discussed on the record. Court Reporter: Myra Ponce. (jp) |
| Filing 167 DECLARATION of Lisa Peterson In Support of Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment #164 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Peterson, Lisa) |
| Filing 166 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment #164 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 165 STATEMENT of Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Partial Summary Judgment #164 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 164 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 3/20/2017 at 01:30 PM before Judge John F. Walter. (Peterson, Lisa) |
| Filing 163 Text Entry Order: Based on the Joint Statement of Parties Pursuant to Local Rule 7-3 Conference Prior to Filing Motion for Summary Judgment filed on February 24, 2017, Docket No. #162 , the Court sets a telephonic Status Conference for February 28, 2017 at 10:00 a.m. The clerk will email counsel with instructions for calling in for the teleconference.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 162 STATEMENT Re: Local Rule 7-3 (Attachments: #1 Exhibit A, #2 Exhibit B)(Peterson, Lisa) |
| Filing 161 MINUTES OF Status Conference held before Judge John F. Walter: Case called. The Court issues ruling on the statute of limitations as stated on the record. Court orders Defendant to file a Summary Judgment Motion by 2/27/2017 and sets the following briefing schedule: Opposition by 3/6/2017. Reply by 3/13/2017. Hearing on the Motion is set for 3/20/2017 at 1:30 PM. For the reasons stated on the record, the Jury Trial is continued to 3/28/2017 at 8:30 AM. Court Reporter: Miranda Algorri. (jp) |
| Filing 160 OBJECTIONS to Defendant's Late Jury Instruction filed by Plaintiff Jesus Escochea. (Cohen, Philip) |
| Filing 159 BRIEF filed by Defendants The County of Los Angeles, Ronald Valdivia. (Attachments: #1 Exhibit Proposed Jury Instruction No. 49, #2 Exhibit Proposed Verdict Form No. 1)(Peterson, Lisa) |
| Filing 158 PROPOSED JURY VERDICT filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 157 PROPOSED JURY INSTRUCTIONS filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 156 Text Entry Order: If Defendant Ronald Valdivia intends to pursue an affirmative defense of statute of limitations, counsel shall file a proposed jury instruction(s) and a revised proposed verdict form that address the statute of limitations issue on Friday February 17, 2017, along with the brief ordered by the Court. Plaintiff Jesus Escochea shall file any Opposition by February 18, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 155 MINUTES OF FINAL PRETRIAL CONFERENCE before Judge John F. Walter: The Final Pretrial Conference is held. Court and counsel discuss Jury Instructions, Verdict Form and various other pretrial and trial issues. The 2/21/2017 at 8:00 AM. Court Reporter: Miranda Algorri. (jp) |
| Filing 154 PROPOSED JURY VERDICT filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 153 PROPOSED JURY INSTRUCTIONS filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 152 Amended PRETRIAL STIPULATION regarding Exhibits . (Peterson, Lisa) |
| Filing 151 Text Entry Order: The Court advances the Final Pre-Trial Conference set for February 17, 2017 to February 16, 2017 at 9:00 a.m. Counsel should be prepared to discuss the Jury Instructions and Verdict Form.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 150 Text Entry Order: The Court has reviewed the Joint Stipulation re: Late Disclosures (Stipulation) filed on February 10, 2017, Docket No. #149 and approves the Stipulation. In light of the Stipulation, counsel shall meet and confer and file a revised Pre-Trial Exhibit Stipulation removing all exhibits that are now unnecessary, revised Stipulated Jury Instruction Numbers 36 and 37, and a revised Verdict Form on February 15, 2017. The Court sets a Final Pre-Trial Conference for February 17, 2017 at 9:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 149 Joint STIPULATION for Order RE LATE DISCLOSURES filed by Plaintiff Jesus Escochea.(Ferlauto, Thomas) |
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Filing 147
ORDER RE STIPULATION FOR DISMISSAL WITH PREJUDICE 46 by Judge John F. Walter.The Court orders as follows: 1. Plaintiff's entire Complaint against Defendants, CITY OF HAWTHORNE and KEITH KAUFFMAN (hereinafter the City Defendants), including all causes of action alleged herein, are hereby dismissed with prejudice; and, 2. All parties shall bear their own attorney's fees and costs. (lom)
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| Filing 148 MINUTES OF STATUS CONFERENCE before Judge John F. Walter: Case called. Court and counsel discuss status of the case. For the reasons stated on the record, the Jury Trial is continued to 2/21/2017 at 8:30 AM. Court Reporter: Miranda Algorri. (jp) |
| Filing 146 STIPULATION to Dismiss City Defendants The City of Hawthorne, Keith Kauffman filed by City Defendants The City of Hawthorne, Keith Kauffman. (Attachments: #1 Proposed Order)(Taylor, Steven) |
| Filing 145 PROPOSED JURY VERDICT filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 144 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Jesus Escochea.. (Ferlauto, Thomas) |
| Filing 143 NOTICE of Appearance filed by attorney Thomas M Ferlauto on behalf of Plaintiff Jesus Escochea (Ferlauto, Thomas) |
| Filing 142 SUPPLEMENTAL BRIEF filed by Plaintiff Jesus Escochea. RE OFFER OF PROOF OF DAMAGES regarding Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #127 . (Ferlauto, Thomas) |
| Filing 141 SUPPLEMENT to Miscellaneous Document #137 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 140 Final PRETRIAL STIPULATION regarding Exhibits . (Ferlauto, Thomas) |
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Filing 139
FINAL PRETRIAL CONFERENCE ORDER - REVISED approved by Judge John F. Walter. (lom)
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| Filing 138 MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge John F. Walter. Court and counsel discuss exhibits, jury instructions, verdict form and various other pretrial and trial issues. For the reasons stated on the record, the Court: Signs the Pretrial Conference Order ; Defers ruling on the bifurcation of punitive damages until trial; Discharges the Order to Show Cause, #99 case will proceed as a jury trial All filings and deadlines as stated on the record. The Jury Trial remains set for February 7, 2017, at 8:30 am. Court Reporter: Miranda Algorri. (lom) |
| Filing 137 JOINT STATEMENT RE OFFER OF PROOF AS TO TESTIMONY OF PLAINTIFF JESUS ESCOCHEA filed by Defendants The County of Los Angeles, Ronald Valdivia and plainiff Jesus Escochea (Peterson, Lisa) |
| Filing 136 Witness List filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 135 Witness List filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 134 Witness List filed by Plaintiff Jesus Escochea.. (Ferlauto, Thomas) |
| Filing 133 AMENDED BRIEF filed by Plaintiff Jesus Escochea. AMENDED PLAINTIFF'S OFFER OF PROOF RE DAMAGES regarding Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #127 . (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9)(Ferlauto, Thomas) |
| Filing 132 DECLARATION of PHILIP K. COHEN re Text Only Scheduling Notice,,,, 128 IN RESPONSE TO ORDER TO SHOW CAUSE RE: JOINT STATEMENT ON OBJECTIONS IN PRE-TRIAL EXHIBIT STIPULATION AND EXHIBITS filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 131 JOINT STATEMENT RE: OBJECTIONS IN PRE-TRIAL EXHIBIT STIPULATION re: Minutes of In Chambers Order/Directive - no proceeding held,,,,, #109 (Ferlauto, Thomas) |
| Filing 130 DECLARATION of Tomas Guterres filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 129 BRIEF filed by Plaintiff Jesus Escochea. OFFER OF PROOF RE DAMAGES regarding Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #127 . (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9)(Ferlauto, Thomas) |
| Filing 128 The Courts Minute Order filed January 17, 2017 (Dkt. No. #109 ) required the parties to file a Joint Statement Re: Objections in Pre-trial Exhibit Stipulation and provide Courtesy Copies of the exhibits contained in the Joint Statement (Joint Statement). Although the parties filed a Revised Joint Pre-trial Exhibit Stipulation on January 23, 2017 (Dkt. No. #118 ), they failed to file the Joint Statement or provide copies of the exhibits. Accordingly, lead counsel are ordered to show cause in writing by January 31, 2017 why the Court should not impose sanctions in the amount of $1,500.00 for counsels violation of the Courts Order. The Court also continues the Final Pre-Trial Conference currently set for January 31, 2017 to February 2, 2017 at 9:00 a.m. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
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Filing 127
MINUTE ORDER (IN CHAMBERS): ORDER REGARDING OFFER OF PROOF AS TO THE TESTIMONY OF PLAINTIFF JESUS ESCOCHEA by Judge John F. Walter. In order to assist the Court in ruling on Plaintiff Jesus Escochea's ("Plaintiff") testimony as to the damages he suffered as a result of the alleged violation of his rights (see, Plaintiff's Revised Memorandum of Contentions of Fact and Law, 11:20-12:5 [filed January 23, 2017; Docket No. #119 ), the Court orders the Plaintiff to file, on or before January 30, 2017, an Offer of Proof containing the testimony which counsel expects to elicit from Plaintiff as to his damages. The Offer of Proof shall include an identification of each document by title, author, date, and trial exhibit number that will be relied on by Plaintiff in support of his testimony. Counsel shall attach a copy of each such document to the Offer of Proof. Counsel is advised that Plaintiff will not be permitted to offer any testimony at trial as to his damages that was not set forth in his Offer of Proof. After the Offer of Proof is filed, lead counsel shall meet and confer in person to discuss the testimony of Plaintiff Jesus Escochea, whether the parties agree or disagree as to the admissibility of such testimony, and if a party contends that the testimony is inadmissible, the grounds for that contention. The parties shall, on or before February 2, 2017, file a joint statement setting forth the parties respective positions as to the admissibility of the testimony of Plaintiff Jesus Escochea. IT IS SO ORDERED. (lom)
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| Filing 126 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 125 DECLARATION of Thomas M. Ferlauto re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #99 Supplemental filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 124 STATEMENT Proposed Joint Statement Of The Case filed by Plaintiff Jesus Escochea (Ferlauto, Thomas) |
| Filing 123 REVISED JOINT WITNESS TESTIMONY SUMMARIES filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 122 Proposed Voir Dire Questions filed by Plaintiff Jesus Escochea.. (Ferlauto, Thomas) |
| Filing 121 PROPOSED JURY VERDICT filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 120 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Jesus Escochea.. (Ferlauto, Thomas) |
| Filing 119 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 118 Joint PRETRIAL STIPULATION regarding Exhibits REVISED. (Ferlauto, Thomas) |
| Filing 117 Second STIPULATION for Order [P] FINAL PRE-TRIAL CONFERENCE ORDER - REVISED filed by Plaintiff Jesus Escochea.(Ferlauto, Thomas) |
| Filing 116 First STIPULATION for Order [P] FINAL PRE-TRIAL CONFERENCE ORDER filed by Plaintiff Jesus Escochea.(Ferlauto, Thomas) |
| Filing 115 Proposed Voir Dire Questions filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
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Filing 114
CIVIL TRIAL ORDER by Judge John F. Walter. This matter is set for Trial before the Honorable John F. Walter. The Court's procedures and requirements for civil trials are set forth. (jp)
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| Filing 113 MINUTES OF PRETRIAL CONFERENCE before Judge John F. Walter:For the reasons stated on the record, the Court: Grants plaintiff Motion to dismiss the third fourth and fifth causes of action of the First Amended Complaint. Bifurcates the Monell claim. Takes the striking of the jury demand under submission. Strikes the Motions in Limine filed on January 6, 2017, docket entries #85 , #86 , #87 , #88 and #89 The hearing on Motions in Limine and Disputed Jury Instructions is continued from 1/27/2017 to 1/31/2017 at 9:00 AM. The Jury Trial remains set for 2/7/2017 at 8:30 AM. Court Reporter: Miranda Algorri. (jp) (Main Document 113 replaced on 1/19/2017) (sr). |
| Filing 112 NOTICE of Appearance filed by attorney Philip K Cohen on behalf of Plaintiff Jesus Escochea (Attorney Philip K Cohen added to party Jesus Escochea(pty:pla))(Cohen, Philip) |
| Filing 111 PROPOSED JURY VERDICT filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 110 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiff Jesus Escochea.. (Ferlauto, Thomas) |
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Filing 109
MINUTE ORDER (IN CHAMBERS): ORDER RE: OBJECTIONS IN JOINT PRE-TRIAL EXHIBIT STIPULATION by Judge John F. Walter. Based on the Court's of the Joint Pre-Trial Exhibit Stipulation filed on January 13, 2017, #108 , the Court concludes that the majority of the objections made to Plaintiff's exhibits and Defendants' exhibits are frivolous and not made in good faith. Accordingly, the Court orders lead counsel for the parties to meet and confer, in person, to resolve the objections to the exhibits. Prior to the conference, counsel shall exchange the exhibits that are identified in the Joint Pre-Trial Exhibit Stipulation. At the conference, counsel shall review each of the exhibits to which there is a objection and attempt to resolve the objection. After the conference, counsel shall, on or before January 23, 2017, file a joint statement, advising the Court that all of the objections have been resolved. In the unlikely event that the parties cannot resolve all of the objections, the parties shall, on or before January 23, 2017, file a joint statement. The parties shall, on or before January 23, 2017, provide the Court with Courtesy Copies of the exhibits contained in the Joint Statement Re: Objections in Pre-trial Exhibit Stipulation that remain unresolved. (See attached document for requirements.) (lom)
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| Filing 108 Joint PRETRIAL STIPULATION regarding Exhibits . (Ferlauto, Thomas) |
| Filing 107 DECLARATION of Tomas Guterres filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 106 DECLARATION of Lisa Peterson filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 105 NOTICE of Settlement BETWEEN PLAINTIFF AND DEFENDANTS CITY OF HAWTHORNE AND KEITH KAUFFMAN filed by Defendants Keith Kauffman, The City of Hawthorne. (Taylor, Steven) |
| Filing 104 DECLARATION of Thomas M. Ferlauto re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #98 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 103 DECLARATION of Thomas M. Ferlauto re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #100 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 102 DECLARATION of Thomas M. Ferlauto re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #99 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
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Filing 101
ORDER ADVANCING PRETRIAL CONFERENCE by Judge John F. Walter. The Court ADVANCES the Pretrial Conference, currently scheduled for January 20, 2017, at 10:00 a.m., to January 19, 2017, at 9:00 a.m. IT IS SO ORDERED. (jloz)
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Filing 100
MINUTE ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE RE: PRE-TRIAL DOCUMENTS by Judge John F. Walter. Accordingly, lead counsel for Plaintiff and Defendants are ordered to show cause in writing by January 11, 2017 why they each should not be sanctioned in the amount of $1,500.00 each for their violation of the Court's CMO. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions. (lom)
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Filing 99
MINUTE ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE RE: JURY INSTRUCTIONS AND VERDICT FORM #95 #97 by Judge John F. Walter. Accordingly, the Plaintiff is ordered to show cause in writing by January 11, 2017 why the Court should not strike Plaintiff's jury demand and set this case for Court trial and why theCourt should not award sanctions against Plaintiff's counsel in the amount of $1,500.00 for his violation of the Court's CMO. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and the striking of Plaintiffs jury demand. IT IS SO ORDERED. (lom)
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Filing 98
MINUTE ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE RE: MOTIONS IN LIMINE by Judge John F. Walter. Accordingly, the Plaintiff is ordered to show cause in writing by January 11, 2017 why the Court should not grant Motions in Limine Nos. 1 - 5 #85 #86 #87 #88 #89 and why sanctions in the amount of $1,500.00 should not be imposed on Plaintiff for Plaintiff's violation of the CMO. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions and granting of Motions in Limine Nos. 1 - 5. (lom)
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| Filing 97 PROPOSED JURY INSTRUCTIONS filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 96 PROPOSED Exhibit List filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 95 PROPOSED JURY INSTRUCTIONS (Proposed Special set) filed by Defendants The County of Los Angeles, Ronald Valdivia.. (Peterson, Lisa) |
| Filing 94 Witness List filed by Plaintiff Jesus Escochea.. (Ferlauto, Thomas) |
| Filing 93 JOINT WITNESS TESTIMONY SUMMARIES filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 92 Exhibit List filed by Plaintiff Jesus Escochea.. (Ferlauto, Thomas) |
| Filing 91 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 90 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 89 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Bifurcate Individual Liability Claims Against Defendant Ronald Valdivia and the Monell Liability Claim against Defendant County of Los Angeles filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 1/27/2017 at 10:00 AM before Judge John F. Walter.(Peterson, Lisa) |
| Filing 88 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Bifurcate Punitive Damages Against Ronald Valdivia and the Monell Liability Claim against Defendant County of Los Angeles filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 1/27/2017 at 10:00 AM before Judge John F. Walter.(Peterson, Lisa) |
| Filing 87 NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude All Evidence, Argument, or Reference to Plaintiff's Allegation that Defendant Ronald Valdivia Falsified or Modified the Second Search Warrant filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 1/27/2017 at 10:00 AM before Judge John F. Walter.(Peterson, Lisa) |
| Filing 86 NOTICE OF MOTION AND MOTION IN LIMINE (4) to Exclude All Evidence, Argument, or Reference to Plaintiff's Claim of Damages Relating to His Hard Drive filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 1/27/2017 at 10:00 AM before Judge John F. Walter.(Peterson, Lisa) |
| Filing 85 NOTICE OF MOTION AND MOTION IN LIMINE (5) to Exclude Any and All Documents, Testimony by, and Argument Relating to Witnesses and Documents not Produced During Discovery filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 1/27/2017 at 10:00 AM before Judge John F. Walter.(Peterson, Lisa) |
| Filing 84 NOTICE filed by Plaintiff Jesus Escochea. Joint Report Re: Results Of Settlement Conference (Ferlauto, Thomas) |
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Filing 83
DENIED BY ORDER OF THE COURT by Judge John F. Walter re EX PARTE APPLICATION Seeting an Order Relieving City Defendants from Certain portions of this Court Standing Order 5(b) and Local Rule 7-3, or, in the Alternative, an Order to Continue the Last Day to Hear Motions and the Trial Date, Among Other Dates #80 . Counsel has failed to make an adequate showing justifying the relief sought in the ex parte application. (jp)
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Filing 82
DENIED BY ORDER OF THE COURT by Judge John F. Walter re #79 EX PARTE APPLICATION Seeking an Order Relieving County Defendants from Certain Portions of this Court's Standing Order 5(b) and Local Rule 7-3, or, in the alternative, an Order to Continue the Last Day to hear Motions and the Trial Date, Among Other Dates. Counsel has failed to make an adequate showing justifying the relief sought in theex parte application. (jp)
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| Filing 81 OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION to Continue Trial from February 7, 2017 to March 7, 2017 #79 , EX PARTE APPLICATION for Relief from From Portions of the Court's Standing Order 5(b) and Local Rule 7-3, OR, IN THE ALTERNATIVE, an order to continue the last day to hear motions, the trial date and other dates re Statement #78 #80 AND DECLARATION OF THOMAS M. FERLAUTO filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 80 EX PARTE APPLICATION for Relief from From Portions of the Court's Standing Order 5(b) and Local Rule 7-3, OR, IN THE ALTERNATIVE, an order to continue the last day to hear motions, the trial date and other dates re Statement #78 filed by Defendants Keith Kauffman, The City of Hawthorne. (Attachments: #1 Declaration of Steven Taylor, #2 Exhibit A to Decl of Steven Taylor) (Taylor, Steven) |
| Filing 79 EX PARTE APPLICATION to Continue Trial from February 7, 2017 to March 7, 2017 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order) (Peterson, Lisa) |
| Filing 78 STATEMENT OF CITY DEFENDANTS REGARDING LOCAL RULE 7-3 CONFERENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendants Keith Kauffman, The City of Hawthorne (Taylor, Steven) |
| Filing 77 Text Entry Order: Defendants County of Los Angeless and Ronald Valdivias Motion for Summary Judgment, or in the Alternative, Motion for Partial Summary Judgment, filed on November 16, 2016 (Docket No. #69 ) is STRICKEN for failure to comply with Local Rule 7-3 which requires the conference of counsel to take place at least seven days prior to the filing of the Motions and paragraph 5(b) of the Courts Standing Order which requires the Joint Statement to be filed three days after the Local Rule 7-3 Conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 76 STATEMENT of RE FAILURE TO COMPLY WITH LOCAL RULE 7-3 AND STANDING ORDER 5(b) NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities #69 DECLARATION OF THOMAS M. FERLAUTO filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 75 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities #69 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 74 STATEMENT of County Defendants' Statement of Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities #69 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 73 DECLARATION of Ronald Valdivia in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities #69 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 72 DECLARATION of Lisa Peterson in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities #69 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 71 DECLARATION of Judge Henry H. Hall in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities #69 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 70 DECLARATION of William Brown in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities #69 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 69 **stricken** NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment ; Memorandum of Points and Authorities filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 12/12/2016 at 01:30 PM before Judge John F. Walter. (Peterson, Lisa) Modified on 11/28/2016 (sr). |
| Filing 68 STATEMENT Amended Statement of Defendants County of Los Angeles and Ronald Valdivia Regarding Local Rule 7-3 Conference in Support of Motion for Summary Judgment, or, in the Alternative, Motion for Partial Summary Judgment filed by Defendants The County of Los Angeles, Ronald Valdivia (Peterson, Lisa) |
| Filing 67 Text Entry Order: Defendants City of Hawthorne and Keith Kauffman's Motion For Summary Judgment, or in the Alternative, Summary Adjudication of the Issues filed on November 14, 2016 (Docket No. #55 ) and Defendant County of Los Angeles' Motion for Summary Judgment, or in the Alternative, Motion for Partial Summary Judgment (Docket No. #63 ) are stricken for failure to comply with paragraph 5(b) of the Courts Standing Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 66 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment #63 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Peterson, Lisa) |
| Filing 65 STATEMENT of Uncontroverted Facts And Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment #63 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Attachments: #1 Declaration Declaration of Peterson--Part 1, #2 Declaration Declaration of Peterson--Part 2, #3 Declaration Declaration of Valdivia, #4 Declaration Declaration of Brown, #5 Declaration Declaration of Hall)(Peterson, Lisa) |
| Filing 64 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment #55 (Attachments: #1 Proposed Judgment, #2 Proposed Order)(Taylor, Steven) |
| Filing 63 *stricken* NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment filed by Defendants The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 12/12/2016 at 01:30 PM before Judge John F. Walter. (Peterson, Lisa) Modified on 11/15/2016 (sr). |
| Filing 62 DECLARATION of Ronald Valdivia In Support of NOTICE OF MOTION AND MOTION for Summary Judgment #55 filed by Defendants Keith Kauffman, The City of Hawthorne. (Taylor, Steven) |
| Filing 61 DECLARATION of Judge Henry J. Hall In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment #55 filed by Defendants Keith Kauffman, The City of Hawthorne. (Taylor, Steven) |
| Filing 60 DECLARATION of Keith Kauffman In Support of NOTICE OF MOTION AND MOTION for Summary Judgment #55 filed by Defendants Keith Kauffman, The City of Hawthorne. (Taylor, Steven) |
| Filing 59 DECLARATION of Steven H. Taylor In Support NOTICE OF MOTION AND MOTION for Summary Judgment #55 filed by Defendants Keith Kauffman, The City of Hawthorne. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Taylor, Steven) |
| Filing 58 Evidence in Support of Defendants' City of Hawthorne and Keith Kauffman's Motion for Summary Judgment, or Alternatively, for Summary Adjudication of Issues filed by Defendants Keith Kauffman, The City of Hawthorne re: NOTICE OF MOTION AND MOTION for Summary Judgment #55 (Taylor, Steven) |
| Filing 57 STATEMENT OF DEFENDANTS COUNTY OF LOS ANGELES AND RONALD VALDIVIA RE LOCAL RULE 7-3 CONFERENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by Defendants The County of Los Angeles, Ronald Valdivia (Peterson, Lisa) |
| Filing 56 STATEMENT of Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment #55 filed by Defendants Keith Kauffman, The City of Hawthorne. (Taylor, Steven) |
| Filing 55 *stricken* NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Keith Kauffman, The City of Hawthorne. Motion set for hearing on 12/12/2016 at 01:30 PM before Judge John F. Walter. (Taylor, Steven) Modified on 11/15/2016 (sr). |
| Filing 54 NOTICE TO PARTIES by District Judge John F. Walter. Effective November 14, 2016, Judge Walter will be located at the 1st Street Courthouse, COURTROOM 7A on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to Chambers, not to the Clerk's Office. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 53
PROTECTIVE ORDER FOR CONFIDENTIAL INFORMATION by Magistrate Judge John E. McDermott. re Stipulation for Protective Order #52 . (See Order for Further Details) (kl)
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| Filing 52 Joint STIPULATION for Protective Order filed by Defendants The County of Los Angeles, Ronald Valdivia. (Attachments: #1 Proposed Order)(Peterson, Lisa) |
| Filing 51 Text Entry Order Striking: Memorandum of Contentions of Fact and Law #50 , Exhibit List #48 , Witness List #49 . Documents filed in wrong case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 50 *STRICKEN* MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant The County of Los Angeles. (Peterson, Lisa) Modified on 10/5/2016 (sr). |
| Filing 49 *STRICKEN* Witness List filed by Defendant The County of Los Angeles.. (Peterson, Lisa) Modified on 10/5/2016 (sr). |
| Filing 48 *STRICKEN* Exhibit List filed by Defendant The County of Los Angeles.. (Peterson, Lisa) Modified on 10/5/2016 (sr). |
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Filing 47
ORDER GRANTING CONTINUANCE OF MEDIATION COMPLETION DATE #45 by Judge John F. Walter that the Mediation Completion Date be continued to 12/1/2016. The joint report regarding results of mediation shall be filed on 12/8/2016. (jp)
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| Filing 46 Text Entry Order re: Stipulation to Continue, #45 . The Court does not consider requests without proposed orders. Counsel has until 2:00 p.m. today to submit a proposed order or the request will be stricken. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 45 Joint STIPULATION to Continue Mediation Completion Date from August 30, 2016 to December 1, 2016 filed by Defendants Keith Kauffman, The City of Hawthorne, The County of Los Angeles, Ronald Valdivia.(Peterson, Lisa) |
| Filing 44 Joint STIPULATION to Continue Mediation Completion Date from August 30, 2016 to December 1, 2016 filed by Defendant Keith Kauffman, The City of Hawthorne, The County of Los Angeles, Ronald Valdivia.(Attorney Lisa L Peterson added to party Keith Kauffman(pty:dft), Attorney Lisa L Peterson added to party The City of Hawthorne(pty:dft))(Peterson, Lisa) |
| Filing 43 Text Entry Order DENYING stipulation to Continue, #42 . Request violates section 7 of the Court's Standing Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 42 STIPULATION to Continue mediation completion deadline from August 30, 2016 to December 1, 2016 filed by Defendants The County of Los Angeles, Ronald Valdivia. (Attachments: #1 Proposed Order GRANTING CONTINUANCE)(Peterson, Lisa) |
| Filing 41 ANSWER AND JURY DEMAND filed by Defendants The County of Los Angeles, Ronald Valdivia.(Peterson, Lisa) |
| Filing 40 ANSWER to Amended Complaint/Petition #39 JURY DEMAND. filed by Defendants Keith Kauffman, The City of Hawthorne.(Taylor, Steven) |
| Filing 39 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Jesus Escochea(Ferlauto, Thomas) |
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Filing 38
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (jp)
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Filing 37
ORDER/REFERRAL to ADR Procedure No 3 by Judge John F. Walter. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 8/30/2016. (shb)
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| Filing 36 Text Entry Order: In light of the Report of Parties' Planning Meeting; Proposed Discovery Plan filed March 22, 2016 (Docket No. #35 ), the Court finds that a Scheduling Conference is not necessary and files its Scheduling and Case Management Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 35 REPORT of Of Parties Planning Meeting; Proposed Discovery Plan filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents Re: Statement #31 , and Declaration #32 . The following error was found: Incorrect type font used by counsel; see L.R. 11-3.1.1. Times New Roman 13 is not in compliance with the Local Rules, or Judge John F. Walter's Standing Order. 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. (cw) |
| Filing 33 STATEMENT Defendants County of Los Angeles and Ronald Valdivia Regarding Local Rule 7-3 Conference filed by Defendants The County of Los Angeles, Ronald Valdivia (Guterres, Tomas) |
| Filing 32 DECLARATION of Thomas M. Ferlauto Re: Meeting Of Counsel Regarding Motions To Dismiss NOTICE OF MOTION AND MOTION for Hearing Demurrer, re Complaint (Attorney Civil Case Opening) #1 , #27 , NOTICE OF MOTION AND MOTION to Dismiss UNDER RULE 12(b)(6) #25 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 31 STATEMENT BY DEFENDANTS CITY OF HAWTHORNE AND KEITH KAUFFMAN REGARDING MEET AND CONFER PURSUANT TO LOCAL RULE 7-3 PRIOR TO DEFENDANTS FILING OF MOTION TO DISMISS filed by Defendants Keith Kauffman, The City of Hawthorne (Taylor, Steven) |
| Filing 30 Text Entry Order: Defendants City of Hawthorne and Keith Kauffmans Motion to Dismiss Under Rule 12(b)(6) filed February 24, 2016 (Docket No. #25 ) is STRICKEN for failure to comply with Local Rule 7-3 and the Courts Standing Order. In addition, based on the Joint Statement Regarding Meet and Confer Pursuant to Local Rule 7-3 Prior to Defendants Filing of Motion to Dismiss (Docket No. #23 ), the Court concludes that the parties failed to conduct a meaningful conference required by Local Rule 7-3 and paragraph 5(b) of the Courts Standing Order. If Defendants still wish to file a motion to dismiss, the parties shall meet and confer in person by March 4, 2016. Within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a motion to dismiss remains necessary, Defendants shall not file the motion to dismiss until 2 days after each party files the declaration required by this Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 29 Text Entry Order: Defendants County of Los Angeles and Ronald Valdivias Motion to Dismiss and Motion to Strike Portions of Plaintiffs Complaint filed February 24, 2016 (Docket No. #27 ) is STRICKEN for failure to comply with Local Rule 7-3 and the Courts Standing Order. In addition, based on the Joint Statement of Parties Regarding Local Rule 7-3 Conference per Courts Standing Order 5(b) (Docket Nos. #20 , #21 and #22 ), the Court concludes that the parties failed to conduct a meaningful conference required by Local Rule 7-3 and paragraph 5(b) of the Courts Standing Order. If Defendants still wish to file a motion to dismiss or strike, the parties shall meet and confer in person by March 4, 2016. Within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a motion to dismiss or strike remains necessary, Defendants shall not file the motion to dismiss or strike until 2 days after each party files the declaration required by this Order. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents Re: Joint Statement #23 , Notice of Motion #25 and Memorandum in Support of Motion #26 . The following error was found: Incorrect type font used by counsel; see L.R. 11-3.1.1. Counsel are reminded to use the correct type font in future filings. 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. (cw) |
| Filing 27 **STRICKEN** NOTICE OF MOTION AND MOTION to Dismiss and Motion to Strike Portions of Plaintiff's Complaint #1 , filed by Defendant The County of Los Angeles, Ronald Valdivia. Motion set for hearing on 3/28/2016 at 01:30 PM before Judge John F. Walter. (Guterres, Tomas) Modified on 2/25/2016 (cw). Modified on 2/25/2016 (sr). |
| Filing 26 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss UNDER RULE 12(b)(6) #25 filed by Defendants Keith Kauffman, The City of Hawthorne. (Taylor, Steven) |
| Filing 25 **STRICKEN** NOTICE OF MOTION AND MOTION to Dismiss UNDER RULE 12(b)(6) filed by Defendants Keith Kauffman, The City of Hawthorne. Motion set for hearing on 3/28/2016 at 01:30 PM before Judge John F. Walter. (Taylor, Steven) Modified on 2/25/2016 (sr). |
| Filing 24 CERTIFICATE of Interested Parties filed by Defendants Keith Kauffman, The City of Hawthorne, identifying City of Hawthorne, Keith Kauffman, Jesus Escochea, County of Los Angeles, Ronald Valdivia, Steve Cooley, Jackie Lacey and AdminSure, Inc.. (Taylor, Steven) |
| Filing 23 STATEMENT (JOINT) REGARDING MEET AND CONFER PURSUANT TO LOCAL RULE 7-3 PRIOR TO DEFENDANTS FILING OF MOTION TO DISMISS filed by Defendants Keith Kauffman, The City of Hawthorne (Taylor, Steven) |
| Filing 22 STATEMENT SECOND AMENDED JOINT STATEMENT OF PARTIES REGARDING LOCAL RULE 7-3 CONFERENCE PER COURT'S STANDING ORDER 5(b) (Attachments: #1 Exhibit)(Guterres, Tomas) |
| Filing 21 STATEMENT AMENDED JOINT STATEMENT OF PARTIES REGARDING LOCAL RULE 7-3 CONFERENCE PER COURT'S STANDING ORDER 5(b) (Guterres, Tomas) |
| Filing 20 STATEMENT JOINT STATEMENT OF PARTIES RE LOCAL RULE 7-3 CONFERENCE PER COURT'S STANDING ORDER (Guterres, Tomas) |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to The City of Hawthorne answer now due 2/24/2016; Keith Kauffman answer now due 2/24/2016, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants The City of Hawthorne; Keith Kauffman.(Attorney Steven H Taylor added to party Keith Kauffman(pty:dft), Attorney Steven H Taylor added to party The City of Hawthorne(pty:dft))(Taylor, Steven) |
| Filing 18 STIPULATION Extending Time to Answer the complaint as to Ronald Valdivia answer now due 2/24/2016; The County of Los Angeles answer now due 2/24/2016, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Ronald Valdivia; The County of Los Angeles.(Attorney Tomas A Guterres added to party The County of Los Angeles(pty:dft), Attorney Tomas A Guterres added to party Ronald Valdivia(pty:dft))(Guterres, Tomas) |
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Filing 17
STANDING ORDER by Judge John F. Walter. This action has been assigned to the calendar of Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (jp)
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| Filing 16 TEXT ONLY ENTRY by chambers of Judge John F. Walter. If not yet provided, courtesy copies of all case opening documents shall be delivered to chambers by 10:30 a.m. on January 21, 2016. (Refer to Court's Standing Order and Local Rule 5-4.5) Failure to comply may result in an Order to Show Cause re Dismissal and/or Sanctions for Failure to Comply with Rules THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to All Defendants. (cw) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 13 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Subpoena Request (AO 88) #4 , Summons Request #10 , Summons Request #5 , Summons Request #9 , Summons Request #8 , Summons Request #7 , Summons Request #6 . The following error(s) was found: The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (rn) |
| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (rn) |
| Filing 11 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John E. McDermott. (rn) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 4 Request for Clerk to Issue Subpoena filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Jesus Escochea. (Ferlauto, Thomas) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Jesus Escochea, (Ferlauto, Thomas) |
| Filing 1 COMPLAINT Receipt No: 0973-17094008 - Fee: $400, filed by attorney for plaintiff Jesus Escochea. (Attorney Thomas M Ferlauto added to party Jesus Escochea(pty:pla))(Ferlauto, Thomas) |
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