Dexter Hubert White v. City of Los Angeles et al
| DEXTER HUBERT WHITE |
| CITY OF LOS ANGELES, Los Angeles Police Department, COUNTY OF LOS ANGELES,, OFFICER CORY MCMICHAEL, OFFICER JAVIER TAFOYA, Javier Tafoya, Cory McMichael, County of Los Angeles, JAMES QUINATA, DAVIN AQUINO and RODOLFO SARMIENTO |
| 2:2019cv00243 |
| January 10, 2019 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Dean D Pregerson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Filing 153 TRIAL BRIEF filed by defendant City of Los Angeles.. (Plowden, Geoffrey) |
| Filing 154 MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Dean D. Pregerson: Hearing held by telephone and counsel are present. The Court confers with counsel regarding Jurors' inquiries to date, as read into the record. As stated on the record, the Courtroom Deputy Clerk shall contact Jurors 2, 3, and8. Juror 3 is hereby excused and will be ordered not to speak about the case, nor have contact the other jurors, until the conclusion of this trial and final notification from the Courtroom Deputy Clerk releasing the Court's order. Court Reporter: Maria Bustillos. (shb) |
| Filing 155 MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Dean D. Pregerson: Hearing held by telephone and counsel are present. The Court confers with counsel, as stated on the record. A portion of the hearing held between the Court and defense counsel is ordered sealed and the transcript shall not be disclosed, nor unsealed without Court Order. The Court Reporter was released from reporting from 4:49 P.M. to 5:08 P.M. Approximately 19 minutes of these proceedings were not reported. The Jury Trial is continued to August 28, 2023, at 9:00 A.M. The Court reminds the parties that the Court remains available to engage in settlement discussions, if the parties are in agreement. The Courtroom Deputy Clerk shall contact subpoenaed witness, Dr. Jesse Miller, reminding her that she is still under Court Order, and that she is ordered to be present on August 28, 2023, at 9:00 A.M. Further, the Courtroom Deputy Clerk is ordered to provide the jurors with the Court's Order, attached hereto. IT IS SO ORDERED. see order for more information. Court Reporter: Katherine Stride. (shb) |
| Filing 152 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: The parties had a telephonic status conference, in which defense counsel represented that he was not ready to proceed with trial unassisted, due to health issues. Plaintiff disputes that characterization, and points to a conversation with defense counsel yesterday, in which Plaintiff claims defense counsel represented that he was able to proceed. The court has no way to resolve this dispute. Accepting defense counsel's representations as officers of the court, the court continued trial to Monday, August 28. Plaintiff's counsel indicated to the court that such a continuance would likely cause issues with witness scheduling, particularly for Plaintiff's expert. Lead Plaintiff's counsel indicated that he would inquire as to the expert's availability, but reiterated his objection to any continuance, and indicated that Plaintiff may move for a mistrial. The court notes that any such motion would likely be granted, for the reasons stated above. For those same reasons, the court concludes that resumption of this matter on Monday, August 28th is the least bad option available to the court. Should Plaintiff deem it necessary, he may request a telephonic hearing to move for a mistrial at any time prior to the resumption of trial on 8/28/2023 09:00 AM before Judge Dean D. Pregerson. See document for further details. Court Reporter: Not Present. (gk) |
| Filing 151 NOTICE of Association of Counsel associating attorney Geoffrey Plowden on behalf of Defendant City of Los Angeles. Filed by Defendant City of Los Angeles (Plowden, Geoffrey) |
| Filing 149 MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Dean D. Pregerson: Hearing held by telephone and counsel are present. The Court confers withcounsel, as stated on the record. The Court Reporter will be providing rolling transcripts of the trial proceedings to defense counsel. If plaintiff wishes to obtain transcript copies, plaintiff's counsel shall contact the Court Reporter to make the necessary arrangements. The Jury Trial is continued to August 23, 2023, at 10:00 A.M. The Court offers further availability to engage in possible settlement discussions, if the parties are in agreement. The Courtroom Deputy Clerk shall contact subpoenaed witness, Dr. Jesse Miller, reminding her that she is still under Court Order, and that she is ordered to be present on August 23, 2023, at 10:00 A.M. Further, the Courtroom Deputy Clerk is ordered to provide the jurors with the Court's Order, attached hereto. IT IS SO ORDERED. See order for more information. Court Reporter: Maria Bustillos. (shb) |
| Filing 148 MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Dean D. Pregerson. The Court confers with counsel regarding the current trial. The Jury Trial is continued to August 18, 2023, at 9:00 A.M. The Court sets a Further Status Conference by Telephone on August 17, 2023, at 4:00 P.M., or earlier, upon notification by defense counsel. The same Bridge Call Information is to be utilized for the August 17, 2023 hearing. This hearing was partially reported. The Court Reporter was released from reporting at 1:51 P.M. Approximately 13 minutes of these proceedings were not reported. See order for more information. Court Reporter: Maria Bustillos. (shb) |
| Filing 147 SCHEDULING NOTICE (IN CHAMBERS) by Judge Dean D. Pregerson. The 8/14/2023 Jury Trial 146 , previously scheduled for 8/15/2023 at 9:00 AM has been rescheduled. Jury Trial is continued to 8/16/2023 at 9:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 146 SCHEDULING NOTICE (IN CHAMBERS) by Judge Dean D. Pregerson. The 8/14/2023 Jury Trial #143 , previously scheduled for 8/14/2023 at 9:15 AM has been rescheduled. Jury Trial is continued to 8/15/2023 at 9:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 145 NOTICE OF FILING TRANSCRIPT filed for proceedings Tuesday, 08/08/2023 Partial Jury Trial Trial Day One, 9:00 a.m. re Transcript #144 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY |
| Filing 144 TRANSCRIPT for proceedings held on Tuesday, 08/08/2023 Partial Jury Trial Day One, 9:00 a.m.. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. 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 MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/5/2023. Redacted Transcript Deadline set for 9/14/2023. Release of Transcript Restriction set for 11/13/2023. (Bustillos, Maria) |
| Filing 143 MINUTES OF JURY TRIAL - 4th Day held before Judge Dean D. Pregerson: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to August 14, 2023 at 9:15 a.m., before Judge Dean D. Pregerson. Subpoenaed Witness Dr. Jesse Miller is ordered to return. Court Reporter: Maria Bustillos. (shb) |
| Filing 142 MINUTES OF JURY TRIAL - 3rd Day held before Judge Dean D. Pregerson: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to August 11, 2023 at 9:15 a.m. for further trial. Court Reporter: Maria Bustillos. (shb) |
| Filing 141 MINUTES OF JURY TRIAL - 2nd Day held before Judge Dean D. Pregerson: Witnesses called, sworn and testified. Exhibits identified and admitted. Judgment by Court for Plaintiff. Motion for mistrial by defendant(s) is denied. Jury Trial continued to August 10, 2023 at 8:30 a.m., for further trial. Court Reporter: Maria Bustillos. (shb) |
| Filing 139 TRANSCRIPT ORDER as to Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO for Court Reporter. (Taslakian, Shant Sevag) |
| Filing 140 MINUTES OF JURY TRIAL - 1st Day held before Judge Dean D. Pregerson: Jury impaneled and sworn. Opening statements made. Jury Trial set for August 9, 2023 at 9:00 a.m. for further trial. Court Reporter: Maria Bustillos. (shb) |
| Filing 138 Witness List filed by Plaintiff Dexter Hubert White.. (Mgdesyan, George) |
| Filing 137 Notice of Lodging Deposition Transcripts for Trial filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO (Taslakian, Shant Sevag) |
| Filing 136 STATEMENT OF THE CASE (JOINT) (Taslakian, Shant Sevag) |
| Filing 135 Proposed Voir Dire Questions filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO.. (Taslakian, Shant Sevag) |
| Filing 134 Proposed Voir Dire Questions filed by Plaintiff Dexter Hubert White.. (Mgdesyan, George) |
| Filing 133 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order on Motion for Order, Final Pretrial Conference, #131 . The incorrect.pdf image was attached to docket entry #131 and the correct.pdf image will be attached hereto. (Attachments: #1 ORDER RE 131) (shb) |
Filing 132
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Dean D. Pregerson: The joint witness list of the parties has been filed with the Court. Only the witnesses identified in the lists will be permitted to testify (other than solely forimpeachment). The parties do not intend to present evidence (outside of impeachment evidence) by way of deposition testimony as such the parties are not required to mark the deposition in accordance with Local Rule 16-2.7. The following depositions shall be lodged with the Clerk as required by L.R.32-1: 1. Deposition of Defendant Officers Davin Aquino; 2. Deposition of Defendant James Quinata; 3. Deposition of Defendant Rodolfo Sarmiento; 4. Deposition of Jose Chavez; 5. Deposition of Jennifer Kim; 6. Depositions of Defendants non retained expert Sergeant Barbara Riggs; 7. Deposition of Defendants non retained expert and Brady Held.; 8. Deposition of Plaintiff Dexter Hubert White; 9. Deposition of Plaintiffs retained expert Timothy Williams; 10. Deposition of Plaintiffs retained expert Michael Schiffman. FINAL PRETRIAL ORDER SHALL GOVERN THE COURSE OF TRIAL. The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues remaining to be litigated, this Final Pretrial Conference Order shall supersede the pleadings and govern the court of the trial of this cause, unless modified to prevent manifest injustice. See order for more information. (shb)
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Filing 131
[8/3/2023 - #133 - REFER TO NOTICE OF CLERICAL ERROR FOR CORRECT .PDF IMAGE] PRETRIAL CONFERENCE ORDER by Judge Dean D. Pregerson: The Court confers with counsel regarding the upcoming trial. The Court allocates 30 hours per side for trial. No later than August 4, 2023, counsel shall submit a Joint Statement of the Case and any proposed voir dire questions for the Court's consideration. The Court grants defendant's oral request to allow Officer Richardson to be able to appear by video to testify at trial. The Court confirms that defendants Javier TaFoya and Cory McMichaels were dismissed on January 24, 2020, upon plaintiff's filing of the amended complaint. Plaintiff's Ex Parte Application for an Order Permitting Plaintiff to Call Expert Timothy Williams Out of Order and on August 15th or in the Alternative to Continue Trial a Few Days #126 is vacated as moot. Court Reporter: Maria Bustillos. (shb) Modified on 8/3/2023 (shb). Modified on 8/3/2023 (shb).
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| Filing 130 TRANSCRIPT ORDER as to Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO for Court Reporter. (Taslakian, Shant Sevag) |
| Filing 129 Notice of Appearance or Withdrawal of Counsel: for attorney Shant Sevag Gabriel Taslakian counsel for Defendant City of Los Angeles. Geoffrey R. Plowden will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Geoffrey R. Plowden is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant City of Los Angeles. (Taslakian, Shant Sevag) |
| Filing 128 SCHEDULING NOTICE (IN CHAMBERS) by Judge Dean D. Pregerson. The 7/31/2023 Final Pretrial Conference #119 is continued from 11:00 AM to 2:00 PM before Judge Dean D. Pregerson. NOTE: TIME CHANGE ONLY.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 127 Opposition in opposition re: EX PARTE APPLICATION for Order for PERMITTING PLAINTIFF TO CALL EXPERT TIMOTHY WILLIAMS OUT OF ORDER AND ON AUGUST 15TH, OR IN THE ALTERNATIVE TO CONTINUE TRIAL A FEW DAYS #126 filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Declaration of Shant Taslakian)(Taslakian, Shant Sevag) |
| Filing 126 EX PARTE APPLICATION for Order for PERMITTING PLAINTIFF TO CALL EXPERT TIMOTHY WILLIAMS OUT OF ORDER AND ON AUGUST 15TH, OR IN THE ALTERNATIVE TO CONTINUE TRIAL A FEW DAYS filed by Plaintiff Dexter Hubert White. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (Mgdesyan, George) |
| Filing 125 Witness List filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO.. (Taslakian, Shant Sevag) |
| Filing 124 Notice of Appearance or Withdrawal of Counsel: for attorney Shant Sevag Gabriel Taslakian counsel for Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Geoffrey R. Plowden is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants City of Los Angeles and Los Angeles Police Department. (Taslakian, Shant Sevag) |
| Filing 123 Notice of Appearance or Withdrawal of Counsel: for attorney Denise Christine Mills counsel for Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Denise Christine Millls is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants City of Los Angeles and Los Angeles Police Department. (Mills, Denise) |
| Filing 122 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, 03/07/2022, 10:15 A.M. re Transcript #121 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY |
| Filing 121 TRANSCRIPT for proceedings held on MONDAY, 03/07/2022, 10:15 A.M.. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. 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 MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/27/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/4/2023. (Bustillos, Maria) |
| Filing 120 Notice of Appearance or Withdrawal of Counsel: for attorney Surekha A Shepherd counsel for Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Surekha A. Shepherd is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants City of Los Angeles, et al.. (Shepherd, Surekha) |
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Filing 119
ORDER REGARDING JOINT STIPULATION #118 TO CONTINUE THE FINAL PRETRIAL CONFERENCE, AND JURY TRIAL by Judge Dean D. Pregerson: PURSUANT TO THE STIPULATION OF THE PARTIES, and FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED as follows: (l)The Final Pretrial Conference set for 01/31/2023 at 10:00AM is continued to July 31, 2023 at 11:00 A.M. (2)The 5-7 day Jury Trial set for February 7, 2023 at 9:00AM be continued to August 8, 2023 at 9:00 A.M. IT IS SO ORDERED. (shb)
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| Filing 118 Joint STIPULATION to Continue Trial from February 7, 2023 to August 8, 2023 filed by Plaintiff Dexter Hubert White. (Attachments: #1 Proposed Order)(Mgdesyan, George) |
| Filing 117 Notice of Appearance or Withdrawal of Counsel: for attorney Surekha A Shepherd counsel for Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Adding Surekha A. Shepherd as counsel of record for City of Los Angeles, et al. for the reason indicated in the G-123 Notice. Filed by Defendants City of Los Angeles, et al.. (Attorney Surekha A Shepherd added to party DAVIN AQUINO(pty:dft), Attorney Surekha A Shepherd added to party City of Los Angeles(pty:dft), Attorney Surekha A Shepherd added to party Los Angeles Police Department(pty:dft), Attorney Surekha A Shepherd added to party JAMES QUINATA(pty:dft), Attorney Surekha A Shepherd added to party RODOLFO SARMIENTO(pty:dft))(Shepherd, Surekha) |
| Filing 116 Notice of Appearance or Withdrawal of Counsel: for attorney Shant Sevag Gabriel Taslakian counsel for Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Adding Shant Taslakian as counsel of record for City of Los Angeles, et al. for the reason indicated in the G-123 Notice. Filed by Defendants City of Los Angeles, et al.. (Attorney Shant Sevag Gabriel Taslakian added to party DAVIN AQUINO(pty:dft), Attorney Shant Sevag Gabriel Taslakian added to party City of Los Angeles(pty:dft), Attorney Shant Sevag Gabriel Taslakian added to party Los Angeles Police Department(pty:dft), Attorney Shant Sevag Gabriel Taslakian added to party JAMES QUINATA(pty:dft), Attorney Shant Sevag Gabriel Taslakian added to party RODOLFO SARMIENTO(pty:dft))(Taslakian, Shant Sevag) |
| Filing 115 TRANSCRIPT ORDER as to Defendants City of Los Angeles for Court Reporter. Court will contact Patricia Chavez at patricia.chavez@lacity.org with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Taslakian, Shant Sevag) |
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Filing 114
MINUTE ORDER In Chambers: ORDER GRANTING JOINT STIPULATION TO CONTINUE THE FINAL PRETRIAL CONFERENCE, AND JURY TRIAL #113 by Judge Dean D. Pregerson. Pursuant to the stipulation of the parties, and good cause being shown, the final pretrial conference is hereby continued to January 30, 2023 at 11:00. Trial is hereby continued to February 7, 2023 at 9:00 a.m. Counsel are cautioned that further eleventh-hour requests may not be accommodated. (lom)
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| Filing 113 STIPULATION to Continue FINAL PRETRIAL CONFERENCE, AND JURY TRIAL from 10/25/2022 to 02/07/2023 filed by PLAINTIFF Dexter Hubert White. (Attachments: #1 Proposed Order [PROPOSED] ORDER REGARDING JOINT STIPULATION TO CONTINUE THE FINAL PRETRIAL CONFERENCE, AND JURY TRIAL)(Mgdesyan, George) |
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Filing 112
SCHEDULING ORDER by Judge Dean D. Pregerson. The following dates are set: JURY TRIAL on October 25, 2022, at 9:00 a.m.; FINAL PRE TRIAL CONFERENCE on October 17, 2022, at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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| Filing 111 NOTICE of Unavailability of Defendants' Counsel filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Plowden, Geoffrey) |
| Filing 110 STATUS REPORT Re: Trial Date filed by Plaintiff Dexter Hubert White. (Mgdesyan, George) |
| Filing 109 PROPOSED JOINT SPECIAL JURY VERDICT filed by Plaintiff Dexter Hubert White. (Mgdesyan, George) |
| Filing 108 PROPOSED JURY INSTRUCTIONS (Joint List of Disputed set) filed by Plaintiff Dexter Hubert White.. (Mgdesyan, George) |
| Filing 107 PROPOSED JURY INSTRUCTIONS (JOINT AGREED UPON set) filed by Plaintiff Dexter Hubert White.. (Attachments: #1 Joint Text of Agreed Upon Jury Instructions)(Mgdesyan, George) |
| Filing 106 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Dexter Hubert White. (Attachments: #1 Proposed Order [Proposed] Final Pretrial Conference Order)(Mgdesyan, George) |
| Filing 105 DECLARATION of Araksya Boyadzhyan Pursuant to Local Rule 5-4.6.2 filed by Plaintiff Dexter Hubert White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mgdesyan, George) |
| Filing 104 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: #2 (Dkt. 79, 86) is GRANTED in part and DENIED in part. The motion is granted with respect to the dismissal of criminal charges against Plaintiff. The motion is denied with respect to the prior investigation, insofar as Plaintiff may, with prior court approval, inquire as to what radio calls were made, and when. The parties shall meet and confer to discuss any appropriate jury instruction on the matter. The court reserves as to the question whether any evidence that the shooting officers failed to hear a broadcast clearing the prior incident would be relevant to the use of force. Defendant's Motion in Limine #3 (Dkt. 80, 87) is RESERVED for trial. The internal reports shall not be admitted. Counsel shall not reference any internal report without an appropriate offer of proof and prior leave of the court, subject to Rule 403. Plaintiff's Motion in Limine # 1 (Dkt. 81) is GRANTED, absent Plaintiff opening the door. Plaintiff's Motion in Limine #2 (Dkt. 82) is GRANTED. Counsel shall not use or refer to still images absent prior leave of the court, and subject to Plaintiff opening the door. Use of still images may create the perception that officers had time to perceive or assess something that may have happened to quickly that it would be difficult for officers to do that. The court shall permit Reasonable time to replayportions of the video. (shb) |
| Filing 102 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson. Plaintiff's Ex Parte Application to Continue Trial (Dkt. #97 ) is DENIED, without prejudice. The court expects the parties to cooperate and resolve any medical or other issues, and submit to the court a stipulation regarding potential alternative trial dates. (lom) |
| Filing 103 MINUTES OF DEFENDANT'S MOTION IN LIMINE No.1 TO EXCLUDE REFERENCE TO OTHER POLICE USES OF FORCE #78 ; DEFENDANT'S MOTION IN LIMINE NO. 2 TO EXCLUDE REFERENCE TO OTHER OFFICERS INVESTIGATION, CRIMINAL CASE AND OUTCOME #79 ; DEFENDANT'S MOTION IN LIMINE NO. 3 TO EXCLUDE REFERENCES TO OUTCOME OF ADMINISTRATIVE INVESTIGATION #80 ; PLAINTIFFS MOTION IN LIMINE NO. 1 RE CRIMINAL HISTORY OF DEXTER WHITE #81 ; PLAINTIFF'S MOTION IN LIMINE NO. 2 TO EXCLUDE DEFENDANTS' FROM PROFFERING "STIL"IMAGES FROM VIDEOS #82 ; DEFENDANTS MOTION IN LIMINE (#1) TO EXCLUDE OTHER USES OF FORCE #85 ; DEFENDANTS MOTION IN LIMINE (#2) TO EXCLUDE REFERENCE TO UNDERLYING CRIMINAL INVESTIGATION #86 ; DEFENDANT'S MOTION IN LIMINE (#3) TO EXCLUDE REFERENCE TO OUT OF POLICY FINDINGS #87 ; FINAL PRETRIAL CONFERENCE held before Judge Dean D. Pregerson. The final pretrial conference is held. As stated on the record the Court states its tentative views on the motions in limine. Counsel address the Court. The parties shall file the Final Pretrial Conference Order, and any other required documents, no later than March 11, 2022. Plaintiff's counsel is obligated to conform her schedule to Defendants' counsel's availability. Failure to comply with this Minute Order may result in the dismissal of Plaintiff's First Amended Complaint for failure to prosecute. Court Reporter: Maria Bustillos. (lom) |
| Filing 101 REPLY support MOTION IN LIMINE (#3) to Exclude References to Outcome of Administrative Investigation #80 , MOTION IN LIMINE (#3) to Exclude Reference to out-of-policy findings #87 filed by Defendant City of Los Angeles. (Plowden, Geoffrey) |
| Filing 100 REPLY support MOTION IN LIMINE (#2) to Exclude Reference to Underlying Criminal Investigation #86 filed by Defendant City of Los Angeles. (Plowden, Geoffrey) |
| Filing 99 Opposition to Ex Parte Application Opposition re: EX PARTE APPLICATION to Continue TRIAL from 03/15/2022 to 06/15/2022 #97 filed by Defendant City of Los Angeles. (Plowden, Geoffrey) |
| Filing 98 MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Exclude References to Outcome of Administrative Investigation #80 filed by Plaintiff Dexter Hubert White. (Mgdesyan, George) |
| Filing 97 EX PARTE APPLICATION to Continue TRIAL from 03/15/2022 to 06/15/2022 filed by PLAINTIFF Dexter Hubert White. (Attachments: #1 Exhibit EXHIBIT A, #2 Proposed Order PROPOSED ORDER REGARDING EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE) (Mgdesyan, George) |
| Filing 96 PLAINTIFF DEXTER WHITE'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO.2 TO EXCLUDE REFERENCE TO OTHER OFFICERS' INVESTIGATION, CRIMINAL CASE AND OUTCOME OPPOSITION re: MOTION IN LIMINE (#2) to Exclude Reference to other Officers' Investigation, Criminal Case and Outcome #79 filed by Plaintiff Dexter Hubert White. (Mgdesyan, George) |
| Filing 95 DECLARATION of GEOFFREY PLOWDEN RE: PRETRIAL DOCUMENTS filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Plowden, Geoffrey) |
| Filing 94 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 2: DECLARATION OF GEOFFREY PLOWDEN Opposition re: MOTION IN LIMINE #2 to Exclude DEFENDANTS' FROM PROFERRING "STILL" IMAGES FROM VIDEOS #82 filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Plowden, Geoffrey) |
| Filing 93 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 1 Opposition re: MOTION IN LIMINE #1 to Exclude CRIMINAL HISTORY OF DEXTER WHITE #81 filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Plowden, Geoffrey) |
| Filing 92 MINUTES OF VIDEO SETTLEMENT CONFERENCE held before Magistrate Judge Rozella A. Oliver. On March 4, 2022, counsel for the parties appeared for a settlement conference by video. Also present by video was Plaintiff Dexter White. The parties were unable to reach a settlement. (dml) |
| Filing 91 Notice of Appearance or Withdrawal of Counsel: for attorney Denise Christine Mills counsel for Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Adding Denise Christine Mills as counsel of record for City of Los Angeles, Los Angeles Police Department, Davina Aquino, James Quinata and Rodolfo Sarmiento for the reason indicated in the G-123 Notice. Filed by Defendants City of L.A., LAPD, Davin Aquino, James Quinata and Rodolfo Sarmiento. (Attorney Denise Christine Mills added to party DAVIN AQUINO(pty:dft), Attorney Denise Christine Mills added to party City of Los Angeles(pty:dft), Attorney Denise Christine Mills added to party Los Angeles Police Department(pty:dft), Attorney Denise Christine Mills added to party JAMES QUINATA(pty:dft), Attorney Denise Christine Mills added to party RODOLFO SARMIENTO(pty:dft))(Mills, Denise) |
| Filing 90 MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Dean D. Pregerson: Counsel state their appearance. For reasons stated on the record the parties are to contact the Magistrate Judge to set a settlement conference. Court Reporter: Maria Bustillos. (shb) |
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Filing 89
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Rozella A. Oliver. This matter having been referred to U.S. Magistrate Judge Rozella A. Oliver for a settlement conference, IT IS ORDERED that a video settlement conference shall be held on March 4, 2022, at 10:00 a.m. Each party shall submit a confidential settlement conference statement by email to RAO_Chambers@cacd.uscourts.gov by no later than 6:00 p.m. on March 2, 2022. See Order for complete details. (dml)
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Filing 88
SCHEDULING NOTICE AND ORDER by Judge Dean D. Pregerson: On the Court's own motion, a Telephonic Status Conference is set for hearing February 28, 2022 at 10:00 a.m., before Judge Dean D. Pregerson. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 87 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Reference to out-of-policy findings filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Motion set for hearing on 3/7/2022 at 01:30 PM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Plowden, Geoffrey) |
| Filing 86 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Reference to Underlying Criminal Investigation filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Motion set for hearing on 3/7/2022 at 01:30 PM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Plowden, Geoffrey) |
| Filing 85 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Other Uses of Force filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. Motion set for hearing on 3/7/2022 at 01:30 PM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Plowden, Geoffrey) |
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Filing 84
ORDER AND SCHEDULING NOTICE By Judge Dean D. Pregerson. Pursuant to the Central District of California's General Order 21-08, the trial dates are continued as follows: The Final Pretrial Conference/Motions in Limine are continued from October 11, 2021 to March 7, 2022 at 11:00 AM. The Trial is continued from October 19, 2021 to March 15, 2022 at 9:00 AM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 83 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION IN LIMINE #78 #79 #80 #81 #82 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 82 NOTICE OF MOTION AND MOTION IN LIMINE #2 to Exclude DEFENDANTS' FROM PROFERRING "STILL" IMAGES FROM VIDEOS filed by Plaintiff Dexter Hubert White. Motion set for hearing on 10/19/2021 at 09:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order [PROPOSED] PLAINTIFFS' MOTION IN LIMINE NO.2 TO EXCLUDE DEFENDANTS' FROM PROFERRING "STILL" IMAGES FROM VIDEOS)(Mgdesyan, George) |
| Filing 81 NOTICE OF MOTION AND MOTION IN LIMINE #1 to Exclude CRIMINAL HISTORY OF DEXTER WHITE filed by Plaintiff Dexter Hubert White. Motion set for hearing on 10/19/2021 at 09:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order [PROPOSED] ORDER FOR PLAINTIFS' MOTION IN LIMINE NO.1 RE CRIMINAL HISTORY OF DEXTER WHITE)(Mgdesyan, George) |
| Filing 80 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude References to Outcome of Administrative Investigation filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Proposed Order)(Plowden, Geoffrey) |
| Filing 79 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Reference to other Officers' Investigation, Criminal Case and Outcome filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Proposed Order)(Plowden, Geoffrey) |
| Filing 78 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Reference to other Police Uses of Force filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Proposed Order)(Plowden, Geoffrey) |
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Filing 77
ORDER REGARDING JOINT STIPULATION TO CONTINUE THE EXPERT DISCOVERY CUT-OFF TO ALLOW EXPERT DEPOSITIONS TO BE COMPLETED, #76 by Judge Dean D. Pregerson: IT IS HEREBY ORDERED as follows: The expert discovery cut-off in this matter is continued from March26, 2021 to May 26, 2021 to allow the deposition of the experts disclosed on February 26, 2021 to be completed. IT IS SO ORDERED. (shb)
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| Filing 76 First STIPULATION to Continue EXPERT DISCOVERY CUT-OFF TO ALLOW EXPERT DEPOSITIONS TO BE COMPLETED from March 26, 2021 to May 26, 2021 filed by Dexter White Dexter Hubert White. (Attachments: #1 Proposed Order)(Mgdesyan, George) |
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Filing 75
ORDER REGARDING JOINT STIPULATION TO CONTINUE THE EXPERT DISCOVERY CUT-OFF, FINAL PRETRIAL CONFERENCE, AND JURY TRIAL by Judge Dean D. Pregerson: PURSUANT TO THE STIPULATION OF THE PARTIES, and FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED as follows: The expert discovery cut-off in this matter is continued to March26, 2021, with opening expert disclosures due February 26, 2021. The Final Pretrial Conference set for 12/07/2020 at 11:00AM is continued to 10/11/2021 at 11:00AM. The 5-7day Jury Trial set for 12/15/2020 at 9:00AM is continued to 10/19/2021 at 9:00AM. (shb)
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| Filing 74 STIPULATION to Continue EXPERT DISCOVERY CUT-OFF, FINAL PRETRIAL CONFERENCE, AND JURY TRIAL from February 26, 2021 to March 26, 2021 filed by Plaintiff, Dexter White Dexter Hubert White. (Attachments: #1 Proposed Order)(Mgdesyan, George) |
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Filing 73
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson. Pursuant the Central District of California's Continuity of Operations Plan (COOP), and the Court's phased reopening, the trial dates are continued as follows; The Final Pretrial Conference is continued from August 24, 2020 to December 7, 2020 at 11:00 AM. The Jury Trial is continued from September 8, 2020 to December 15, 2020 at 9:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 72
ORDER REGARDING JOINT STIPULATION TO CONTINUE FACT DISCOVERY CUT-OFF AS TO THE DEPOSITIONS OF OFFICERS AQUINO, SARMIENTO, QUINATA, RICHARDSON, AND RAPHAEL GARCIA (SERIAL NO. N9120) AND INITIAL EXPERT DISCLOSURE DEADLINE, #61 by Judge Dean D. Pregerson. PURSUANT TO THE STIPULATION OF THE PARTIES, and FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that: 1. The fact discovery deadline in this case currently set for April 9, 2020 is hereby extended only for the purpose of allowing the following depositions to take place: 1. Deposition of Officer James Quinata, 2. Deposition of Officer Davin Aquino, 3. Deposition of Rodolfo Sarmiento, 4. Deposition of Officer Richardson, 5. Deposition of Criminalist Raphael Garcia. 2. Good Cause exists as the depositions were properly noticed however due to the declared National Emergency surrounding the Coronavirus (COVID-19) pandemic and the Safer at Home Order promulgated in the State of California the depositions were unable to go forward. 3. The current Initial Expert Disclosure deadline of April 16, 2020 is also continued for two weeks following the completion of the above listed depositions. IT IS SO ORDERED. (shb)
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| Filing 71 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Criminal Background of Dexter Hubert White filed by Plaintiff Dexter Hubert White. Motion set for hearing on 8/24/2020 at 11:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Mgdesyan, George) |
| Filing 70 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff, Dexter White Dexter Hubert White. (Mgdesyan, George) |
| Filing 69 Witness List filed by Plaintiff, Dexter White Dexter Hubert White.. (Mgdesyan, George) |
| Filing 68 JOINT Exhibit List filed by Plaintiff, Dexter White Dexter Hubert White.. (Mgdesyan, George) |
| Filing 67 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Plowden, Geoffrey) |
| Filing 66 Witness List filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO.. (Plowden, Geoffrey) |
| Filing 65 First Supplemental CERTIFICATE of Interested Parties filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO, (Plowden, Geoffrey) |
| Filing 64 ANSWER to Amended Complaint/Petition, #33 with JURY DEMAND filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO.(Plowden, Geoffrey) |
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Filing 63
ORDER DENYING DEFENDANTS' MOTION TO DISMISS #36 by Judge Dean D. Pregerson. Defendants' motion to dismiss on statue of limitations grounds is DENIED. (iv)
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| Filing 62 NOTICE filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Plowden, Geoffrey) |
| Filing 61 Joint STIPULATION to Extend Discovery Cut-Off Date filed by Plaintiff Dexter Hubert White. (Attachments: #1 Proposed Order)(Mgdesyan, George) |
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Filing 60
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, The Motion to Dismiss Second and Third Causes of Action [36 ] set for hearing March 23, 2020, is hereby taken off calendar, hearing date is vacated and will be decided without oral argument. No appearances necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 59 SEALED REPLY RE Reply (Motion related), #56 , Order on Motion for Leave to File Document Under Seal, #58 filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Supplement Evidence accompanying Defts' Reply Brief in Support of Motion to Dismiss, #2 Supplement Proof of Service)(Plowden, Geoffrey) |
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Filing 58
ORDER RE: DEFENDANTS APPLICATION TO FILE DOCUMENTS UNDER SEAL [Dkt. No. 51] by Judge Dean D. Pregerson: Defendants City of Los Angeles, Los Angeles Police Department, Officers James Quinata, Davin Aquino and Rodolfo Sarmientos Application to File Documents under Seal is granted. (shb)
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| Filing 57 NOTICE OF ERRATA filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. correcting Reply (Motion related), #56 (Attachments: #1 Supplement signature page of Declaration of Richard Dreiling)(Plowden, Geoffrey) |
| Filing 56 REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Dismiss Dismiss the Second and Third Causes of Action; Dismiss Defendants Aquino, Sarmiento and Quinata #36 filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Declaration of Geoffrey Plowden, #2 Declaration R.J. Dreiling, #3 Exhibit 'A')(Plowden, Geoffrey) |
| Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to file document Notice of Lodging Proposed Order; Proposed Order under seal #52 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select Other Filings - select Notices - select - Notice of Lodging and Attach the Proposed Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) |
| Filing 54 DECLARATION of Geoffrey Plowden re APPLICATION to file document Exhibit to Declaration of R.J. Dreiling in Defts' Reply Brief to be filed Monday, March 9, 2020 under seal #51 filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Declaration of Geoffrey Plowden linked to Doc 51)(Plowden, Geoffrey) |
| Filing 53 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit to Declaration of R.J. Dreiling in Defts' Reply Brief to be filed Monday, March 9, 2020 under seal #51 filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Unredacted Document, #2 Supplement Proof of Service)(Plowden, Geoffrey) |
| Filing 52 APPLICATION to file document Notice of Lodging Proposed Order; Proposed Order under seal filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Proposed Order)(Plowden, Geoffrey) |
| Filing 51 APPLICATION to file document Exhibit to Declaration of R.J. Dreiling in Defts' Reply Brief to be filed Monday, March 9, 2020 under seal filed by Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (Attachments: #1 Exhibit to Declaration of R.J. Dreiling in Defts' Reply Brief to be filed Monday, March 9, 2020)(Plowden, Geoffrey) |
| Filing 50 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Dismiss the Second and Third Causes of Action; Dismiss Defendants Aquino, Sarmiento and Quinata #36 filed by Plaintiff Dexter Hubert White. (Mgdesyan, George) |
| Filing 49 PROOF OF SERVICE Executed by Plaintiff Dexter Hubert White, upon Defendant Service of the Summons and Complaint were executed upon Defendant, James Quinata in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. January 22, 2019 (Mgdesyan, George) |
| Filing 48 PROOF OF SERVICE Executed by Plaintiff Dexter Hubert White, upon Defendant Service of the Summons and Complaint were executed upon Defendant, Davin Aquino in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. January 22, 2019 (Mgdesyan, George) |
| Filing 47 PROOF OF SERVICE Executed by Plaintiff Dexter Hubert White, upon Defendant Service of the Summons and Complaint were executed upon Defendant, Rodolfo Sarmiento in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. January 22, 2019 (Mgdesyan, George) |
| Filing 46 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Service of Summons and Complaint Returned Executed (21 days), #43 , Service of Summons and Complaint Returned Executed (21 days), #44 , Service of Summons and Complaint Returned Executed (21 days), #42 by Clerk of Court. The document is stricken and counsel is ordered to file an amended or corrected document. Per Notice of Filer Deficiencies, #45 , title page is missing. (shb) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #43 , Service of Summons and Complaint Returned Executed (21 days), #44 , Service of Summons and Complaint Returned Executed (21 days), #42 . The following error(s) was/were found: Title page is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) |
| Filing 44 [STRICKEN PER RESPONSE G-112B, #46 . PROOF OF SERVICE Executed by Plaintiff Dexter Hubert White, upon Defendant Service of the Summons and Complaint were executed upon Defendant, James Quinata in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. January 22, 2019 (Mgdesyan, George) Modified on 2/26/2020 (shb). |
| Filing 43 [STRICKEN PER RESPONSE G-112B, #46 . PROOF OF SERVICE Executed by Plaintiff Dexter Hubert White, upon Defendant Service of the Summons and Complaint were executed upon Defendant, Davin Aquino in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. January 22, 2019 (Mgdesyan, George) Modified on 2/26/2020 (shb). |
| Filing 42 [STRICKEN PER RESPONSE G-112B, #46 . PROOF OF SERVICE Executed by Plaintiff Dexter Hubert White, upon Defendant Service of the Summons and Complaint were executed upon Defendant, Rodolfo Sarmiento in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. January 22, 2019 (Mgdesyan, George) Modified on 2/26/2020 (shb). |
| Filing 41 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Service of Summons and Complaint Returned Executed (21 days), #37 , Service of Summons and Complaint Returned Executed (21 days), #38 , Service of Summons and Complaint Returned Executed (21 days), #39 by Clerk of Court. The document is stricken and counsel is ordered to file an amended or corrected document by 5:00 P.M. 2/25/2020. Refer to Deficiency Notice docket no. 40. (shb) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #37 , Service of Summons and Complaint Returned Executed (21 days), #38 , Service of Summons and Complaint Returned Executed (21 days), #39 . The following error(s) was/were found: Title page is missing. Service of Summons and Complaint is not made under FRCP 5(b)(2)(D) as service was not made by the Court In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (shb) |
| Filing 39 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Dexter Hubert White, upon Defendant JAMES QUINATA served on 2/5/2020, answer due 2/26/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Mgdesyan, George) |
| Filing 38 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Dexter Hubert White, upon Defendant DAVIN AQUINO served on 2/5/2020, answer due 2/26/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Mgdesyan, George) |
| Filing 37 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Dexter Hubert White, upon Defendant RODOLFO SARMIENTO served on 2/5/2020, answer due 2/26/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Mgdesyan, George) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Dismiss the Second and Third Causes of Action; Dismiss Defendants Aquino, Sarmiento and Quinata filed by Defendants DAVIN AQUINO, JAMES QUINATA, RODOLFO SARMIENTO. Motion set for hearing on 3/23/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Proposed Order) (Attorney Geoffrey R Plowden added to party DAVIN AQUINO(pty:dft), Attorney Geoffrey R Plowden added to party JAMES QUINATA(pty:dft), Attorney Geoffrey R Plowden added to party RODOLFO SARMIENTO(pty:dft)) (Plowden, Geoffrey) |
| Filing 35 21 DAY Summons Issued re First Amended Complaint/Petition, #33 as to Defendants DAVIN AQUINO, City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, RODOLFO SARMIENTO. (shb) |
| Filing 34 Request for Clerk to Issue Summons on Amended Complaint/Petition, #33 filed by Plaintiff Dexter Hubert White. (Mgdesyan, George) |
| Filing 33 FIRST AMENDED COMPLAINT against Defendants City of Los Angeles, Los Angeles Police Department, JAMES QUINATA, DAVIN AQUINO, RODOLFO SARMIENTO amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Dexter Hubert White(Mgdesyan, George) |
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Filing 32
ORDER OF PLAINTIFF DEXTER WHITES EX PARTE APPLICATION FOR LEAVE TO AMEND THE COMPLAINT TO DOE IN ADDITIONAL DEFENDANTS by Judge Dean D. Pregerson: GRANTING #26 EX PARTE APPLICATION FOR LEAVE TO AMEND THE COMPLAINT TO DOE IN ADDITIONAL DEFENDANTS. Plaintiff shall file the Amended Complaint no later than January 24, 2020. (shb)
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Filing 31
ORDER ON PLAINTIFF DEXTER WHITES EX PARTE APPLICATION FOR A CONTINUANCE OF THE SCHEDULING ORDER by Judge Dean D. Pregerson: 1.Plaintiff Dexter Whites Ex Parte Application for a Continuance of the Scheduling Order is hereby granted.2.The dates identified in the Scheduling Order dated 04/29/2019 (Dkt. No.22)are continued as follows: a.Fact Discovery Cut-Off originally scheduled 01/10/2020 is continued to April 9, 2020.b.Expert Disclosures previously agreed by stipulation to be 01/17/2020 is continued to April 16, 2020.c.Rebuttal Expert Disclosure previously agreed by stipulation to be 01/24/2020 is continued to April 23, 2020.d.The Expert Discovery Cut-off previously scheduled for 02/21/2020 is continued to May 22, 2020.e.Last Day to File Motions scheduled for 03/23/2020 is continued to June 22, 2020.f.Final Pretrial Conference set for 06/01/2020 at 11:00AM is continued to August 24, 2020 at 11:00AM.g.The 5-7 day Jury Trial set for 06/09/2020 at 9:00AM is continued to September 8, 2020 at 9:00AM. (shb)
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| Filing 30 Opposition in opposition re: EX PARTE APPLICATION to Continue SCHEDULING ORDER DEADLINES PURSUANT TO FRCP 16(b)(4) #27 filed by Defendants City of Los Angeles, Los Angeles Police Department, Cory McMichael, Javier Tafoya. (Plowden, Geoffrey) |
| Filing 29 Opposition opposition re: EX PARTE APPLICATION to Continue SCHEDULING ORDER DEADLINES PURSUANT TO FRCP 16(b)(4) #27 filed by Defendants City of Los Angeles, Los Angeles Police Department, Cory McMichael, Javier Tafoya. (Plowden, Geoffrey) |
| Filing 28 Opposition opposition re: EX PARTE APPLICATION to TO AMEND THE COMPLAINT TO DOE IN ADDITIONAL DEFENDANTS #26 filed by Defendants City of Los Angeles, Los Angeles Police Department, Cory McMichael, Javier Tafoya. (Plowden, Geoffrey) |
| Filing 27 EX PARTE APPLICATION to Continue SCHEDULING ORDER DEADLINES PURSUANT TO FRCP 16(b)(4) filed by Plaintiff Dexter Hubert White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order) (Mgdesyan, George) |
| Filing 26 EX PARTE APPLICATION to TO AMEND THE COMPLAINT TO DOE IN ADDITIONAL DEFENDANTS filed by Plaintiff Dexter Hubert White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order) (Mgdesyan, George) |
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Filing 25
PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order #24 . (see document for details) (hr)
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| Filing 24 Joint STIPULATION for Protective Order filed by Plaintiff Dexter Hubert White. (Attachments: #1 Proposed Order)(Mgdesyan, George) |
| Filing 23 NOTICE of Change of Attorney Business or Contact Information: for attorney George G Mgdesyan counsel for Plaintiff Dexter Hubert White. Changing address to 4529 Sherman Oaks Avenue, Sherman Oaks, CA 91403. Filed by Plaintiff Dexter Hubert White. (Mgdesyan, George) |
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Filing 22
SCHEDULING ORDER by Judge Dean D. Pregerson. Discovery cut-off 2/21/2020., Motions due by 3/23/2020, Final Pretrial Conference set for 6/1/2020 at 09:00 AM and the Jury Trial is set for 6/9/2020 at 09:00 AM (SEE ORDER FOR FURTHER DETAILS) (yl)
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| Filing 21 MINUTES OF Scheduling Conference held before Judge Dean D. Pregerson. Held scheduling conference.Court and counsel confer re case status.Court sets trial dates. (Refer to the SCHEDULING ORDER to be issued hereafter.) (yl) |
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Filing 20
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dean D. Pregerson. Case ordered to Magistrate Judge for Settlement Conference. ADR Proceeding. (yl)
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| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney George G Mgdesyan counsel for Plaintiff Dexter Hubert White. Filed by Plaintiff Dexter White. (Mgdesyan, George) |
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Filing 18
TEXT ONLY ENTRY ( IN CHAMBERS) ORDER by Judge Dean D. Pregerson: The Scheduling Conference set for Monday, April 29, 2019 at 1:30 p.m. is ADVANCED to be heard at 10:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 17
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, the Scheduling Conference set for hearing April 15, 2019, is continued to April 29, 2019 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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| Filing 16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Dexter Hubert White.. (Mgdesyan, George) |
| Filing 15 NOTICE OF UNAVAILABILITY OF DEFENDANTS' COUNSEL filed by defendants City of Los Angeles, Los Angeles Police Department, Cory McMichael, Javier Tafoya. (Plowden, Geoffrey) |
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Filing 14
ORDER SETTING SCHEDULING CONFERNCE by Judge Dean D. Pregerson. Scheduling Conference set for April 15, 2019 at 1:30 p.m. This matter is set for a scheduling conference in Courtroom 9C, before the Honorable Dean D. Pregerson, located at 350 West 1st Street, Los Angeles, California 90012. The conference will be held pursuant to Federal Rules of Civil Procedure 16(b). Lead trial counsel shall attend the scheduling conference. See order for further details. (shb)
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| Filing 13 CERTIFICATE of Interested Parties filed by Defendants City of Los Angeles, Los Angeles Police Department, Cory McMichael, Javier Tafoya, (Plowden, Geoffrey) |
| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants City of Los Angeles, Los Angeles Police Department, Cory McMichael, Javier Tafoya.(Attorney Geoffrey R Plowden added to party City of Los Angeles(pty:dft), Attorney Geoffrey R Plowden added to party Los Angeles Police Department(pty:dft), Attorney Geoffrey R Plowden added to party Cory McMichael(pty:dft), Attorney Geoffrey R Plowden added to party Javier Tafoya(pty:dft))(Plowden, Geoffrey) |
| Filing 11 NOTICE OF DISMISSAL filed by Plaintiff Dexter Hubert White pursuant to FRCP 41a(1) as to County of Los Angeles. (Mgdesyan, George) |
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D. Pregerson. Counsel are encouraged to review the Central Districts website for additional information. The address ishttp://www.cacd.uscourts.gov. It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. The Court hears motions only on Mondays at 10:00 a.m. See order for details. (shb)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants City of Los Angeles, County of Los Angeles, Los Angeles Police Department, Cory McMichael, Javier Tafoya. (shb) |
| Filing 8 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #7 filed by Plaintiff Dexter Hubert White. (Attachments: #1 Face Page of Complaint)(Mgdesyan, George) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Remove "et al " from the Summons caption. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Rozella A. Oliver. (ghap) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by PLAINTIFF DEXTER HUBERT WHITE. (Mgdesyan, George) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff DEXTER HUBERT WHITE. (Mgdesyan, George) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff DEXTER HUBERT WHITE, (Mgdesyan, George) |
| Filing 1 COMPLAINT Receipt No: 0973-23026598 - Fee: $400, filed by PLAINTIFF DEXTER HUBERT WHITE. (Attorney George G Mgdesyan added to party DEXTER HUBERT WHITE(pty:pla))(Mgdesyan, George) |
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