Adela Hernandez et al v. Luke South et al
| Adela Hernandez, Imelda Ramirez, Diana Ramirez, Ja. D. L., N. D. L., J. D. L. and Jessica De Leon |
| County of Orange, DOES 1 through 50, inclusive., Orange County Sheriff's Department, Captain Luke South, Does 1 through 50, inclusive, William Baker, Orange County Sheriffs Department, Joe Balicki and Don Barnes |
| 2:2019cv04445 |
| May 22, 2019 |
| US District Court for the Central District of California |
| Charles F Eick |
| Philip S Gutierrez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 PETITION to Appoint Custodian filed by Plaintiff Jessica De Leon, Adela Hernandez, J. D. L., N. D. L.. (Attachments: #1 Declaration Declaration of Adela Hernandez) (Segall-Gutierrez, James) |
Filing 36
ORDER RE: STIPULATION granting Stipulation Extending Time #32 , by Judge Philip S. Gutierrez: The Court has read and considered the Parties' stipulation entitled STIPULATION TO EXTEND TIME FOR DEFENDANTS COUNTY OF ORANGE AND CAPTAIN LUKE SOUTH TO RESPOND TO FIRST AMENDED COMPLAINT and supporting declaration. For good cause appearing, the Court hereby grants the Parties' stipulation and ORDERS AS FOLLOWS: 1. Served Defendants COUNTY OF ORANGE and CAPTAIN LUKE SOUTH'S time to respond to Plaintiff s First Amended Complaint shall be extended from July 10, 2019 to the same date that the newly added individual defendants' response to the First Amended Complaint is due, which will be 21 days after service of the newly added individual defendants. (bm)
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| Filing 35 PROOF OF SERVICE Executed by Plaintiff N. D. L., J. D. L., Jessica De Leon, upon Defendant Joe Balicki(in his official capacity as a PEACE OFFICER of the ORANGE COUNTY SHERIFFS DEPARTMENT) served on 7/5/2019, answer due 7/26/2019; Joe Balicki(individually) served on 7/5/2019, answer due 7/26/2019. Service of the Summons and Complaint were executed upon Commander Joe Balicki, individually and in his official capacity as a peace officer for the OCSD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff N. D. L., J. D. L., Jessica De Leon, upon Defendant William Baker(in his official capacity as a PEACE OFFICER of the ORANGE COUNTY SHERIFFS DEPARTMENT) served on 7/5/2019, answer due 7/26/2019; William Baker(individually) served on 7/5/2019, answer due 7/26/2019. Service of the Summons and Complaint were executed upon Assistant Sheriff William Baker, individually and in his official capacity as a peace officer for the OCSD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff N. D. L., J. D. L., Jessica De Leon, upon Defendant Don Barnes(individually) served on 7/5/2019, answer due 7/26/2019; Don Barnes(in his official capacity as a PEACE OFFICER of the ORANGE COUNTY SHERIFFS DEPARTMENT) served on 7/5/2019, answer due 7/26/2019. Service of the Summons and Complaint were executed upon Sheriff Don Barnes, individually and in his official capacity as a peace officer for the OCSD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
| Filing 32 STIPULATION Extending Time to Answer the complaint as to filed by DEFENDANTS, COUNTY OF ORANGE and CAPTAIN LUKE SOUTH County of Orange. (Attachments: #1 Declaration, #2 Proposed Order)(Schwartz, Zachary) |
| Filing 31 21-Day Summons Issued re First Amended Complaint #22 as to Defendants Sheriff Don Barnes, individually and in his official capacity as a Peace Officer of the Orange County Sheriff's Department; Assistant Sheriff William Baker, individually and in his official capacity as a Peace Officer of the Orange County Sheriff's Department; Commander Joe Balicki, individually and in his official capacity as a Peace Officer of the Orange County Sheriff's Department. (gk) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Subpoena Request (AO 88) #28 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service/Waivers of Summons and Complaints > Summons Request. The filer used the event, Notices > Subpoena Request (AO 88), for docketing this filing. Clerk shall issue the Summons forthwith. 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. (gk) |
| Filing 28 Request for Clerk to Issue Subpoena filed by plaintiffs Jessica De Leon, J. D. L., N. D. L.. (Hayden, Herbert) |
| Filing 27 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #26 . 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. See section: To: (Defendants name and address), please indicate as above, see attached page, please do not use et al next to the defendant's name. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) |
| Filing 26 Request for Clerk to Issue Summons on Amended Complaint/Petition, #22 filed by plaintiffs Jessica De Leon, J. D. L., N. D. L.. (Hayden, Herbert) |
| Filing 25 NOTICE OF ERRATA filed by Plaintiffs Jessica De Leon, J. D. L., N. D. L.. correcting Notice (Other) #23 (Hayden, Herbert) |
| Filing 24 REQUEST FOR JUDICIAL NOTICE of ORANGE COUNTY GRAND JURY REPORTS AND FINDINGS filed by Plaintiffs Jessica De Leon, J. D. L., N. D. L.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hayden, Herbert) |
| Filing 23 NOTICE Request for Judicial Notice filed by plaintiffs Jessica De Leon, J. D. L., N. D. L.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hayden, Herbert) |
| Filing 22 First AMENDED COMPLAINT against Defendants County of Orange, Does, Luke South(in his official capacity as a peace officer for the Orange County Sheriffs Department), Luke South(individually ) amending Complaint (Attorney Civil Case Opening),,,,, #1 , filed by plaintiffs N. D. L., J. D. L., Jessica De Leon(Hayden, Herbert) |
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Filing 29
ORDER RE: STIPULATION #21 by Judge Philip S. Gutierrez. The Court ORDERS AS FOLLOWS: 1. Plaintiffs may file a First Amended Complaint on or before July 2, 2019. 2. Defendants CAPTAIN LUKE SOUTH, COUNTY OF ORANGE, and ORANGE COUNTY SHERIFF'S DEPARTMENT'S time to respond to Plaintiff's original Complaint shall be extended to July 12, 2019. (lom)
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| Filing 21 STIPULATION Extending Time to Answer the complaint as to filed by Defendants, CAPTAIN LUKE SOUTH, COUNTY OF ORANGE, ORANGE COUNTY SHERIFF'S DEPARTMENT County of Orange. (Attachments: #1 Declaration, #2 Proposed Order)(Attorney Zachary M Schwartz added to party County of Orange(pty:dft))(Schwartz, Zachary) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff N. D. L., J. D. L., Adela Hernandez, Jessica De Leon, upon Defendant Luke South(in his official capacity as a peace officer for the Orange County Sheriffs Department) served on 6/17/2019, answer due 7/8/2019; Luke South(individually ) served on 6/17/2019, answer due 7/8/2019. Service of the Summons and Complaint were executed upon Captain Luke South, individually and in his official capacity as a peace officer for the OCSD in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Hayden, Herbert) |
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Filing 19
ORDER AMENDING CASE CAPTION TO REFLECT THAT Ja.D.L IS NOT A MINOR by Judge Philip S. Gutierrez granting #18 MOTION: The Court, having considered the motion to amend the case caption to reflect that Ja.D.L. is not a minor in the above action and good cause appearing, IT IS SO ORDERED that the case caption be changed from "Plaintiff Ja.D.L., a minor and as a Successor in Interest to JESUS DE LEON, by and through her Guardian Ad Litem IMELDA RAMIREZ" to "JESSICA DE LEON, individually and as a Successor in Interest to JESUS DE LEON." (bm)
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| Filing 18 NOTICE OF MOTION AND MOTION to Correct Complaint (Attorney Civil Case Opening),,,,, #1 filed by plaintiff Ja. D. L.. (Attachments: #1 Proposed Order to Amend Case Caption to Reflect that Ja.D.L. Is Not A Minor) (Hayden, Herbert) |
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Filing 17
ORDER Appointing Imelda Ramirez as Guardian Ad Litem for J.D.L. by Magistrate Judge Charles F. Eick: granting #14 APPLICATION to Appoint Guardian ad Litem. (sp)
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Filing 16
ORDER Appointing Diana Ramirez as Guardian Ad Litem for N.D.L. by Magistrate Judge Charles F. Eick: granting #15 APPLICATION to Appoint Guardian ad Litem. (sp)
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| Filing 15 APPLICATION for Appointment of Diana Ramirez as Guardian ad Litem for N.D.L. filed by Plaintiff N. D. L.. (Attachments: #1 Declaration, #2 Proposed Order) (Segall-Gutierrez, James) |
| Filing 14 APPLICATION for Appointment of Imelda Ramirez as Guardian ad Litem for J.D.L. filed by Plaintiff J. D. L.. (Attachments: #1 Declaration, #2 Proposed Order) (Segall-Gutierrez, James) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff N. D. L., J. D. L., Adela Hernandez, Ja. D. L., upon Defendant County of Orange served on 6/4/2019, answer due 6/25/2019. Service of the Summons and Complaint were executed upon County of Orange, a municipal corporation in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Hayden, Herbert) |
| Filing 12 21 DAY Summons Issued re Complaint #1 as to Defendants County of Orange, Luke South (bm) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, #1 , Notice of Deficiency in Request to Issue Summons,, #8 , Summons Request,,, #2 , Summons Request,,, #4 filed by plaintiff Adela Hernandez, J. D. L., Ja. D. L., N. D. L.. (Hayden, Herbert) |
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Filing 10
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: It appears a guardian ad litem is named in this case but no Petition seeking such appointment has been filed. A Petition for the Appointment of a Guardian Ad Litem must be filed when the appointment of a guardian ad litem is required by Fed. R. Civ. P. 17(c)(2). See Local Rule 17-1. Counsel must file a Petition for the Appointment of a Guardian Ad Litem immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #2 , 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. Please do not use the term "et al." on the caption of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Charles F. Eick. (car) |
| Filing 5 CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Hayden, Herbert) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, #1 , Summons Request,,, #2 filed by plaintiff Adela Hernandez(individually), Adela Hernandez(as Successor in Interest to Jesus De Leon), Adela Hernandez(as successor in interest to Jesus De Leon ), J. D. L.(a minor by and through his guardian ad litem, Imelda Ramirez), J. D. L.(as Successor in Interest to Jesus De Leon), Ja. D. L.(as Successor in Interest to Jesus De Leon), Ja. D. L.(a minor by and through her guardian ad litem, Imelda Ramirez ), N. D. L.(a minor by and through her guardian ad litem, Diana Ramirez), N. D. L.(as Successor in Interest to Jesus De Leon), Diana Ramirez, Imelda Ramirez(as Guardian Ad Litem for Ja.D.L., a minor), Imelda Ramirez(as Guardian Ad Litem for J.D.L., a minor). (Hayden, Herbert) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs Adela Hernandez, Adela Hernandez, Adela Hernandez, J. D. L., J. D. L., Ja. D. L., Ja. D. L., N. D. L., N. D. L., Diana Ramirez, Imelda Ramirez, Imelda Ramirez. (Hayden, Herbert) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, #1 filed by plaintiff Adela Hernandez(individually), Adela Hernandez(as Successor in Interest to Jesus De Leon), Adela Hernandez(as successor in interest to Jesus De Leon ), J. D. L.(a minor by and through his guardian ad litem, Imelda Ramirez), J. D. L.(as Successor in Interest to Jesus De Leon), Ja. D. L.(as Successor in Interest to Jesus De Leon), Ja. D. L.(a minor by and through her guardian ad litem, Imelda Ramirez ), N. D. L.(a minor by and through her guardian ad litem, Diana Ramirez), N. D. L.(as Successor in Interest to Jesus De Leon), Diana Ramirez, Imelda Ramirez(as Guardian Ad Litem for Ja.D.L., a minor), Imelda Ramirez(as Guardian Ad Litem for J.D.L., a minor). (Hayden, Herbert) |
| Filing 1 COMPLAINT Receipt No: 0973-23785691 - Fee: $400, filed by plaintiff Diana Ramirez, J. D. L.(a minor by and through his guardian ad litem, Imelda Ramirez), Adela Hernandez(individually), Adela Hernandez(as Successor in Interest to Jesus De Leon), J. D. L.(as Successor in Interest to Jesus De Leon), Imelda Ramirez(as Guardian Ad Litem for Ja.D.L., a minor), N. D. L.(a minor by and through her guardian ad litem, Diana Ramirez), Ja. D. L.(as Successor in Interest to Jesus De Leon), N. D. L.(as Successor in Interest to Jesus De Leon), Imelda Ramirez(as Guardian Ad Litem for J.D.L., a minor), Adela Hernandez(as successor in interest to Jesus De Leon ), Ja. D. L.(a minor by and through her guardian ad litem, Imelda Ramirez ). (Attorney Herbert Hayden added to party Adela Hernandez(pty:pla), Attorney Herbert Hayden added to party Adela Hernandez(pty:pla), Attorney Herbert Hayden added to party Adela Hernandez(pty:pla), Attorney Herbert Hayden added to party J. D. L.(pty:pla), Attorney Herbert Hayden added to party J. D. L.(pty:pla), Attorney Herbert Hayden added to party Ja. D. L.(pty:pla), Attorney Herbert Hayden added to party Ja. D. L.(pty:pla), Attorney Herbert Hayden added to party N. D. L.(pty:pla), Attorney Herbert Hayden added to party N. D. L.(pty:pla), Attorney Herbert Hayden added to party Diana Ramirez(pty:pla), Attorney Herbert Hayden added to party Imelda Ramirez(pty:pla), Attorney Herbert Hayden added to party Imelda Ramirez(pty:pla))(Hayden, Herbert) |
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