Laureen Frausto v. City of West Covina, et al
| Laureen Frausto |
| Michael Tuano, Christopher Quezada, Eric Street, Cody Iside, Stephen McLean, Ian Paparro, City of West Covina, Does 1-50, in their official capacities as police officers for the West Covina Police Department, Does 1-50, inclusive, individually and Does 1-50, inclusive, individually and in their official capacities as police officers for the West Covina Police Department |
| 2:2020cv05075 |
| June 8, 2020 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Jean P Rosenbluth |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE of Appearance filed by attorney Lena Pearl Andrews on behalf of Plaintiff Laureen Frausto (Attorney Lena Pearl Andrews added to party Laureen Frausto(pty:pla))(Andrews, Lena) |
| Filing 41 STATUS REPORT RE PEOPLE V. LAUREEN FRAUSTO filed by Defendants City of West Covina, Cody Iside, Stephen McLean, Ian Paparro, Christopher Quezada, Eric Street, Michael Tuano. (Rocawich, Denise) |
Filing 40
(IN CHAMBERS) TEXT-ONLY ORDER CALLING FOR JOINT REPORT (DKT. #38 ) by Judge John A. Kronstadt: The parties were required to file a joint report as to the status of the criminal case prosecuted by the Los Angeles County District Attorney against Plaintiff (the "Criminal Proceeding") that arose from the same events that form the basis of this action. Dkt. #38 . None was filed. On or before November 15, 2021, the parties shall file a joint report as to the status of the Criminal Proceeding. If the joint report states that the Criminal Proceeding has been resolved, it shall include the proposed new dates for the pretrial proceedings in this matter, including also the "Schedule of Pretrial and Trial Dates for Civil Cases" set forth as Exhibit A to the Order Setting Rule 16(b)/26(f) Scheduling Conference. Dkt. #18 at 9. If the joint report states that the Criminal Proceeding has not been resolved, the parties shall continue to file joint reports as to the status of that Proceeding on the earlier of 45 days after the previous report or within seven days of the resolution of that Proceeding. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY
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| Filing 39 NOTICE of Appearance filed by attorney Julia N Quesada on behalf of Plaintiff Laureen Frausto (Attorney Julia N Quesada added to party Laureen Frausto(pty:pla))(Quesada, Julia) |
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Filing 38
ORDER RE JOINT STIPULATION TO STAY CIVIL ACTION PENDING RESOLUTION OF CRIMINAL PROCEEDINGS (DKT. #37 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. All proceedings in the above-captioned civil action are stayed to permit resolution of the Los Angeles County District Attorney's criminal proceeding against Plaintiff resulting from the same events that form the basis of this action. The pre-trial dates set forth in the Scheduling Order dated 10/6/2020 (Dkt. #21 ) are VA CA TED. (See Order for further specifics). (jp)
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| Filing 37 Joint STIPULATION to Stay Case pending Resolution of Criminal Proceedings filed by Defendants City of West Covina, Cody Iside(individually), Stephen McLean(in his official capacity as corporal for the West Covina Police Department), Ian Paparro(individually), Christopher Quezada(individually), Eric Street(individually), Michael Tuano(in his official capacity as a police officer for the West Covina Police Department).(Rocawich, Denise) |
| Filing 36 ANSWER to Amended Complaint/Petition #34 filed by Defendants City of West Covina, Cody Iside(individually), Stephen McLean(in his official capacity as corporal for the West Covina Police Department), Ian Paparro(individually), Christopher Quezada(individually), Eric Street(individually), Michael Tuano(in his official capacity as a police officer for the West Covina Police Department).(Rocawich, Denise) |
| Filing 35 NOTICE Joint re Private Mediator Selection filed by Defendants City of West Covina, Cody Iside(in his official capacity as a police officer for the West Covina Police Department), Stephen McLean(individually), Ian Paparro(individually), Christopher Quezada(individually), Eric Street(individually), Michael Tuano(in his official capacity as a police officer for the West Covina Police Department). (Ballard, Melissa) |
| Filing 34 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Laureen Frausto(Lacy, DeWitt) |
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Filing 33
(IN CHAMBERS) ORDER RE DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS (DKT. #23 ) by Judge John A. Kronstadt: The Motion is GRANTED without prejudice, i.e., with leave to amend, as to Plaintiffs first, second, third, fifth, sixth, seventh and eighth causes of action. Any amended complaint shall be filed within 14 days of the issuance of this Order. As stated at the hearing, counsel for the parties shall meet and confer to determine whether they will stipulate to the stay of this action pending the completion of the related criminal proceedings. If they elect to do so, the stipulation shall also address whether any response to the amended complaint should also be stayed, or if the stay should be entered following the filing of an answer to that amended complaint, or following the briefing and/or disposition of any motion brought in response to the amended complaint. (jp)
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| Filing 32 MINUTES OF DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS (DKT. #23 ) before Judge John A. Kronstadt: The motion hearing is held. The Court states its tentative view that it is inclined to grant Defendant's Motion for Judgment on the Pleadings (the "Motion" (Dkt. 23)) with leave to amend. Counsel address the Court. The Court adheres to its tentative view and GRANTS the Motion without prejudice, i.e., with leave to amend. A more detailed order will follow. Plaintiff shall file an amended complaint on or before 6/7/2021. Counsel shall meet and confer and, on or before 6/24/2021, file a joint report regarding the selection of an agreed-upon private neutral. (See Civil Minutes for further specifics). Court Reporter: Lisa Gonzalez (video). (jp) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Melissa Miles Ballard counsel for Defendants City of West Covina, Cody Iside, Stephen McLean, Ian Paparro, Christopher Quezada, Eric Street, Michael Tuano. Filed by Defendants CITY OF WEST COVINA; OFFICER ISIDE;OFFICER TUANO, CPL. MCLEAN, SGT. STREET, OFFICER PAPARRO, AND OFFICER QUEZADA. (Attorney Melissa Miles Ballard added to party City of West Covina(pty:dft), Attorney Melissa Miles Ballard added to party Cody Iside(pty:dft), Attorney Melissa Miles Ballard added to party Stephen McLean(pty:dft), Attorney Melissa Miles Ballard added to party Ian Paparro(pty:dft), Attorney Melissa Miles Ballard added to party Christopher Quezada(pty:dft), Attorney Melissa Miles Ballard added to party Eric Street(pty:dft), Attorney Melissa Miles Ballard added to party Michael Tuano(pty:dft))(Ballard, Melissa) |
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Filing 30
(IN CHAMBERS) ORDER CHANGING THE TIME FOR DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS HEARING (Dkt. #23 AMENDED #24 ) by Judge John A. Kronstadt: On the Court's own motion, the TIME for the motion hearing is reset from 8:30 a.m. to 9:15 a.m. on May 24, 2021.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 29
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DKT. #23 ) by Judge John A. Kronstadt: The Court, on its own motion, continues Defendants' Motion for Judgment on the Pleadings (Dkt. #23 ) from May 17, 2021 to May 24, 2021 at 8:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY.
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Filing 28
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DKT. #23 ) by Judge John A. Kronstadt: The Court, on its own motion, continues Defendants' Motion for Judgment on the Pleadings (Dkt. #23 ) from April 19, 2021, to May 17, 2021, at 8:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mr) TEXT ONLY ENTRY.
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| Filing 27 REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #23 filed by Defendants City of West Covina, Cody Iside, Stephen McLean, Ian Paparro, Christopher Quezada, Eric Street, Michael Tuano. (Rocawich, Denise) |
| Filing 26 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #23 filed by Plaintiff Laureen Frausto. (Attachments: #1 Declaration DeWitt M. Lacy)(Lacy, DeWitt) |
| Filing 25 NOTICE OF ERRATA filed by Defendants City of West Covina, Cody Iside, Stephen McLean, Ian Paparro, Christopher Quezada, Eric Street, Michael Tuano. correcting NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #23 (Touchstone, James) |
| Filing 24 AMENDED NOTICE re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #23 (Touchstone, James) |
| Filing 23 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendants City of West Covina, Cody Iside(individually), Stephen McLean(in his official capacity as corporal for the West Covina Police Department), Ian Paparro(individually), Christopher Quezada(individually), Eric Street(individually), Michael Tuano(in his official capacity as a police officer for the West Covina Police Department). Motion set for hearing on 11/1/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of David R. Demurjian, #2 Proposed Order) (Attorney James R Touchstone added to party City of West Covina(pty:dft), Attorney James R Touchstone added to party Cody Iside(pty:dft), Attorney James R Touchstone added to party Stephen McLean(pty:dft), Attorney James R Touchstone added to party Ian Paparro(pty:dft), Attorney James R Touchstone added to party Christopher Quezada(pty:dft), Attorney James R Touchstone added to party Eric Street(pty:dft), Attorney James R Touchstone added to party Michael Tuano(pty:dft)) (Touchstone, James) |
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Filing 22
ORDER/REFERRAL to ADR Procedure No 3 by Judge John A. Kronstadt. 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 8/30/2021. Status Conference set for 9/13/2021 11:30 AM before Judge John A. Kronstadt. (vv)
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Filing 21
(IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKT. #18 ); AND ORDER DISMISSING DOE PARTIES 11 - 50 by Judge John A. Kronstadt: The Court has reviewed the parties' 9/25/2020 Joint Report and sets the following deadlines: Deadline to file joint report regarding agreed upon private neutral: 10/20/2020. Last day to amend or add parties: 11/13/2020. Last day to participate in a settlement conference/mediation: 8/30/2021. Last day to file notice of settlement/joint report re settlement: 9/3/2021. Post Mediation Status Conference: 9/13/2021 at 11:30 AM. Non-Expert Discovery Cut-Off: 10/4/2021. Initial Expert Disclosures: 10/18/2021. Rebuttal Expert Disclosures: 11/1/2021. Expert Discovery Cut-Off: 11/15/2021. Last day to file All Motions (including discovery motions): 12/6/2021. Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 50. (See Civil Minutes for Further Specifics). (jp)
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| Filing 20 REQUEST for ADR Procedure No. 1 filed. Parties request Filed by Plaintiff Laureen Frausto.(Lacy, DeWitt) |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7days, filed by Plaintiff Laureen Frausto.. (Lacy, DeWitt) |
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Filing 18
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 9/25/2020. (cw)
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| Filing 17 CERTIFICATE of Interested Parties filed by Defendants City of West Covina, Cody Iside(individually), Cody Iside(in his official capacity as a police officer for the West Covina Police Department), Stephen McLean(in his official capacity as corporal for the West Covina Police Department), Stephen McLean(individually), Ian Paparro(individually), Ian Paparro(in his official capacity as a police officer for the West Covina Police Department), Christopher Quezada(individually), Christopher Quezada(in his official capacity as a police officer for the West Covina Police Department), Eric Street(individually), Eric Street(in his official capacity as sergeant for the West Covina Police Department), Michael Tuano(in his official capacity as a police officer for the West Covina Police Department), Michael Tuano(individually), identifying City of West Covina, WCPD Officer Iside, WCPD Officer Tuano, WCPD Cpl. McClean, WCPD Sgt. Street, WCPD Officer Paparro, WCPD Officer Quezada, Laureen Frausto. (Rocawich, Denise) |
| Filing 16 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants City of West Covina, Cody Iside(individually), Cody Iside(in his official capacity as a police officer for the West Covina Police Department), Stephen McLean(in his official capacity as corporal for the West Covina Police Department), Stephen McLean(individually), Ian Paparro(individually), Ian Paparro(in his official capacity as a police officer for the West Covina Police Department), Christopher Quezada(individually), Christopher Quezada(in his official capacity as a police officer for the West Covina Police Department), Eric Street(individually), Eric Street(in his official capacity as sergeant for the West Covina Police Department), Michael Tuano(in his official capacity as a police officer for the West Covina Police Department), Michael Tuano(individually).(Attorney Denise L Rocawich added to party City of West Covina(pty:dft), Attorney Denise L Rocawich added to party Cody Iside(pty:dft), Attorney Denise L Rocawich added to party Cody Iside(pty:dft), Attorney Denise L Rocawich added to party Stephen McLean(pty:dft), Attorney Denise L Rocawich added to party Stephen McLean(pty:dft), Attorney Denise L Rocawich added to party Ian Paparro(pty:dft), Attorney Denise L Rocawich added to party Ian Paparro(pty:dft), Attorney Denise L Rocawich added to party Christopher Quezada(pty:dft), Attorney Denise L Rocawich added to party Christopher Quezada(pty:dft), Attorney Denise L Rocawich added to party Eric Street(pty:dft), Attorney Denise L Rocawich added to party Eric Street(pty:dft), Attorney Denise L Rocawich added to party Michael Tuano(pty:dft), Attorney Denise L Rocawich added to party Michael Tuano(pty:dft))(Rocawich, Denise) |
| Filing 15 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Laureen Frausto, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Attachments: #1 Iside - Summons returned executed, #2 Paparro - Summons returned executed, #3 Quezada - Summons returned executed, #4 Street - Summons returned executed, #5 Tuano - Summons returned executed, #6 McLean - Summons returned executed)(Lacy, DeWitt) |
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Filing 14
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (cw)
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| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Stephen McLean(in his official capacity as corporal for the West Covina Police Department), Stephen McLean(individually). (car) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Michael Tuano(in his official capacity as a police officer for the West Covina Police Department), Michael Tuano(individually). (car) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Ian Paparro(individually), Ian Paparro(in his official capacity as a police officer for the West Covina Police Department). (car) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Eric Street(individually), Eric Street(in his official capacity as sergeant for the West Covina Police Department). (car) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Cody Iside(individually), Cody Iside(in his official capacity as a police officer for the West Covina Police Department). (car) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Christopher Quezada(individually), Christopher Quezada(in his official capacity as a police officer for the West Covina Police Department). (car) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant City of West Covina. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Jean P. Rosenbluth. (car) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Laureen Frausto. (Attachments: #1 Summons for Quezada, #2 Summons for Iside, #3 Summons for Street, #4 Summons for Paparro, #5 Summons for Tuano, #6 Summons for McLean)(Lacy, DeWitt) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Laureen Frausto, identifying West Covina, Cody Iside, Michael Tuano, Stephen McLean, Eric Street, Ian Paparro, Christopher Quezada. (Lacy, DeWitt) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Laureen Frausto. (Lacy, DeWitt) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26727247 - Fee: $400, filed by plaintiff Laureen Frausto. (Attorney DeWitt M Lacy added to party Laureen Frausto(pty:pla))(Lacy, DeWitt) |
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