I.M. et al v. State of California et al
Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener, I.M., A Minor and I. M. |
State Of California, California Highway Patrol, Doe CHP Officers, Does 11-20, Inclusive, Sergeant Michael Little, Officer Carlos Villanueva, Officer Darren Parsons, Officer Eric Voss and Officer Marciel Terry |
E.W. and L.W. |
Officer Diego Romero, Officer Justin Silva, Officer Dusty Osmanson, Officer Christopher Sanchez-Romero, State of California, acting by and through the California Highway Patrol and Officer Dionisio Fiorella |
R.N. Arbi Baghalian and Vital Medical Services, LLC |
2:2020cv11174 |
December 9, 2020 |
US District Court for the Central District of California |
John E McDermott |
Fernando M Olguin |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 261 ORDER APPROVING MINOR'S COMPROMISE AND SETTLEMENT RE: APPLICATION #254 by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 260 ORDER APPROVING MINOR'S COMPROMISE AND SETTLEMENT RE: APPLICATION #251 by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 259 NOTICE OF NON-OPPOSITION to Plainiffs' Ex Parte Applications for Orders Approving Minor's Compromise Petitions filed by ThirdParty Defendant Vital Medical Services, LLC. (Irwin, Gabriel) |
Filing 258 NOTICE OF NON-OPPOSITION to EX PARTE APPLICATION for Order for Approving Minor's Compromise Petition #251 , APPLICATION for Order for APPROVING RENEWED MINORS COMPROMISE PETITION OF I.M #254 filed by Defendants California Highway Patrol, State of California. (Sullinger, Shirley) |
Filing 257 NOTICE OF ERRATA filed by Consol Plaintiffs E.W., L.W.. correcting EX PARTE APPLICATION for Order for Approving Minor's Compromise Petition #251 (Norman, Ronald) |
Filing 256 DECLARATION of Annee Della Donna In Support of APPLICATION for Order for APPROVING RENEWED MINORS COMPROMISE PETITION OF I.M #254 filed by Consol Plaintiffs E.W., L.W.. (Norman, Ronald) |
Filing 255 DECLARATION of Eric Dubin In support of Ex Party Petition APPLICATION for Order for APPROVING RENEWED MINORS COMPROMISE PETITION OF I.M #254 filed by Consol Plaintiffs E.W., L.W.. (Norman, Ronald) |
Filing 254 APPLICATION for Order for APPROVING RENEWED MINORS COMPROMISE PETITION OF I.M filed by Plaintiff I. M.. (Attachments: #1 Declaration of Edward Tapia in Support of Amended Petition to Approve Compromise, #2 Declaration of Luis A Carrillo in Support of Renewed Ex Parte Petition for Order Approve Compromise, #3 Declaration of Michael S. Carrillo in Support of Renewed Ex Parte Petition for Order Approve Compromise, #4 Declaration Declaration of Liz Lopez, #5 Proposed Order) (Carrillo, Luis) |
Filing 253 NOTICE OF LODGING filed re EX PARTE APPLICATION for Order for Approving Minor's Compromise Petition #251 , Errata #252 (Attachments: #1 Proposed Order)(Norman, Ronald) |
Filing 252 NOTICE OF ERRATA filed by Consol Plaintiffs E.W., L.W.. correcting EX PARTE APPLICATION for Order for Approving Minor's Compromise Petition #251 (Attachments: #1 Proposed Order)(Norman, Ronald) |
Filing 251 EX PARTE APPLICATION for Order for Approving Minor's Compromise Petition filed by Counsel E.W., L.W.. (Attachments: #1 Declaration Eric Dubin, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order) (Norman, Ronald) |
Filing 250 TRANSCRIPT ORDER as to Plaintiffs I. M. for Court Reporter. Court will contact Micheal S. Carrillo at mc@carrillofirm.com and hr@carrillofirm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Carrillo, Luis) |
Filing 249 MINUTES OF HEARING RE: STATUS OF GUARDIAN AD LITEM FOR I.M. AND MINOR'S COMPROMISE held before Judge Fernando M. Olguin. No later than October 25, 2023, counsel for the minors shall file renewed motions for minor's compromise. In light of what transpired during the hearing, the Order to Show Cause Re: Sanctions issued at the beginning of the hearing regarding the lack of appearance by counsel for the State is hereby discharged. Court Reporter: Maria Bustillos. (iv) |
Filing 248 DENIED ORDER by Judge Fernando M. Olguin, Re: Declaration (Request to Appear Remotely 9/28/23) #247 . (vdr) |
Filing 247 DECLARATION of SHIRLEY R. SULLINGER IN SUPPORT OF REQUEST FOR REMOTE APPEARANCE AT STATUS CONFERENCE filed by Defendant California Highway Patrol. (Attachments: #1 Proposed Order REGARDING REQUEST FOR REMOTE APPEARANCE AT STATUS CONFERENCE)(Sullinger, Shirley) |
Filing 246 ORDER REGARDING REQUEST #245 FOR REMOTE APPEARANCE AT STATUS CONFERENCE by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 245 REQUEST to of Liz Lopez to appear remote at the Status Conference filed by Plaintiffs I. M.. Request set for hearing on 9/28/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Declaration of Liz Lopez, #2 Proposed Order) (Carrillo, Luis) |
Filing 244 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Status Conference is continued to be heard on 9/28/2023 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 243 MINUTE (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 242 REQUEST FOR CLARIFICATION FOR ATTENDANCE OF DEFENSE COUNSEL AT HEARING ON SEPTEMBER 21, 2023 filed by Defendant State of California re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #235 (Sullinger, Shirley) |
Filing 241 DECLARATION of JEAN CHA IN RESPONSE TO COURTS ORDER (DKT. 235) REGARDING FURTHER PROCEEDINGS re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #235 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 240 SEALED DOCUMENT DECLARATION OF MICHAEL S. CARRILLO IN RESPONSE TO COURTS ORDER (DKT. 235) REGARDING FURTHER PROCEEDINGS re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #235 filed by Plaintiff I. M..(Carrillo, Luis) |
Filing 239 SEALED DOCUMENT Communications re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #235 , Sealed Document, #237 , Sealed Document, #238 , Sealed Document, #236 filed by Plaintiff I. M.. (Attachments: #1 Exhibit Exhibit B)(Norman, Ronald) |
Filing 238 SEALED DOCUMENT Communications re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #235 , Sealed Document, #237 , Sealed Document, #236 filed by Plaintiff I. M.. (Attachments: #1 Exhibit Exhibit A)(Norman, Ronald) |
Filing 237 SEALED DOCUMENT Communication re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #235 , Sealed Document, #236 filed by Plaintiff I. M.. (Attachments: #1 Exhibit Exhibit re Communications)(Norman, Ronald) |
Filing 236 SEALED DOCUMENT Communication re Minor's Compromise re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #235 filed by Plaintiff I. M.. (Attachments: #1 Exhibit Communications re Minor's Compromise)(Attorney Ronald E Norman added to party I. M.(pty:pla))(Norman, Ronald) |
Filing 235 MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. The Status Conference is continued to 9/21/2023 at 10:00 AM before Judge Fernando M. Olguin. No later than 8/29/2023, counsel shall file any and all documents and writtencommunications between counsel regarding: (1) the fee split; and (2) the proposed staggering of the petitions for minors compromise. The communications may be filed under seal, but they shall not be redacted in any manner. (vdr) |
Filing 234 OBJECTIONS to Declaration, #231 , Declaration #233 , Declaration #230 , Declaration #232 Objections to Declarations of Eric Dubin, Annee Della Donna, Aundrea Wagner, and Courtney Ganguet filed on August 17, 2023 filed by Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 233 DECLARATION of Courtney Ganguet re Declaration, #231 , Declaration #230 , Declaration #232 re: FILING ERROR filed by Plaintiff I. M.. (Norman, Ronald) |
Filing 232 DECLARATION of Andrea Wagner re Declaration, #231 , Declaration #230 re: Status of Minor's Compromise filed by Plaintiff I. M.. (Attachments: #1 Exhibit Exhibit 1)(Norman, Ronald) |
Filing 231 DECLARATION of Eric Dubin re Declaration #230 re: Status of Minor's Compromiseomise filed by Plaintiff I. M.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Norman, Ronald) |
Filing 230 DECLARATION of Annee Della Donna Re: Status of Minor's Compromise filed by Plaintiff I. M.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Norman, Ronald) |
Filing 229 RESPONSE IN SUPPORT RESPONSE TO DECLARATIONS OF ERIC DUBIN, ANNEE DELLA DONNA; MOTION FOR AN ORDER ENFORCING SETTLEMENT filed by Plaintiff I. M.. (Attachments: #1 Declaration Declaration of Michael S. Carrillo, #2 Declaration Declaration of Jean Cha, #3 Declaration Declaration of Liz Lopez)(Carrillo, Luis) |
Filing 228 MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Status Conference set for 8/24/2023 at 10:00 AM before Judge Fernando M. Olguin. *See order for briefing schedule.* (vdr) |
Filing 227 DECLARATION of ELIZABETH LOPEZ RE STATUS OF MINOR'S COMPROMISE OF PLAINTIFF I..M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 226 DECLARATION of Aundrea Wagner RE STATUS OF MINOR'S COMPROMISE OF PLAINTIFF I.M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 225 ORDER STRIKING ELECTRONICALLY FILED DOCUMENTS by Judge Fernando M. Olguin Re: Declarations #221 , #222 and #223 . The following document(s) be STRICKEN for failure to comply with the Local Rules, See Local Rule 113.8 title page is missing, incomplete, or incorrect. (vdr) |
Filing 224 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #221 , #222 , #223 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (iv) |
Filing 223 DECLARATION of Andrea Wagner RE: MINOR'S COMPROMISE OF I.M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 222 DECLARATION of ELIZABETH LOPEZ RE: MINOR'S COMPROMISE OF PLAINTIFF I.M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 221 DECLARATION of ANDREA WAGNER RE: MINOR'S COMPROMISE OF PLAINTIFF I.M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 220 DECLARATION of ANNEE DELLA DONNA RE: MINOR'S COMPROMISE OF PLAINTIFF I.M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 219 DECLARATION of ERIC DUBIN RE: MINOR'S COMPROMISE OF PLAINTIFF I.M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 218 DECLARATION of ERIC DUBIN re APPLICATION for Appointment of Edward Tapia as Guardian ad Litem for I.M. #10 RE STATUS OF MINOR'S COMPROMISE OF PLAINTIFF I.M. filed by Consol Plaintiff E.W.. (Norman, Ronald) |
Filing 217 ORDER APPROVING MINOR'S COMPROMISE AND SETTLEMENT #215 by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 216 ORDER APPROVING MINOR'S COMPROMISE AND SETTLEMENT #214 by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 215 EX PARTE APPLICATION for Order for APPROVING MINORS COMPROMISE PETITION filed by Plaintiff I. M.. (Attachments: #1 Declaration Declaration of Edward Tapia In Support of Petition to Approve Compromise and Settlement, #2 Declaration Declaration of Luis A. Carrillo in Support of Unopposed Ex Parte Petition for Order Approving Minors Compromise Petition, #3 Proposed Order) (Carrillo, Luis) |
Filing 214 EX PARTE APPLICATION for Order for APPROVING MINORS COMPROMISE PETITION filed by Plaintiffs E.W., L.W.. (Attachments: #1 Declaration Declaration of Eric Dubin in Support of Unopposed Ex Parte Petition For Order Approing Minors Compromise Petition, #2 Declaration Declaration of Aundrea Wagner in Support of Petition to Approve Compromise and Settlement, #3 Proposed Order) (Carrillo, Luis) |
Filing 213 MINUTE (IN CHAMBERS) ORDER RE: BRIEFING SCHEDULE by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 212 STATUS REPORT RE ALLOCATION filed by Plaintiff Brianna Palomino. (Carrillo, Luis) |
Filing 211 MINUTES OF STATUS CONFERENCE held before Judge Fernando M. Olguin. Any motion for allocation of settlement proceeds shall be filed no later than May 12, 2023, and noticed for the first available hearing date. Court Reporter: Maria Bustillos. (iv) |
Filing 210 DENIED ORDER REGARDING REQUEST FOR REMOTE APPEARANCE AT STATUS CONFERENCE #209 by Judge Fernando M. Olguin. DENIED BY ORDER OF THE COURT. (iv) |
Filing 209 REQUEST for Leave of Lee H. Roistacher to Appear for Appear Remotely at Status Conference via phone or Zoom filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. Request set for hearing on 4/27/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Lee H. Roistacher, #2 Proposed Order, #3 Certificate of Service) (Roistacher, Lee) |
Filing 208 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Deficiency in Electronically Filed Documents (G-112A) #207 by Judge Fernando M. Olguin. The document #206 is stricken. (gga) |
Filing 207 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Request #206 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv) |
Filing 206 *STRICKEN PER ORDER #208 * REQUEST for Leave of Lee H. Roistacher to Appear for at Status Conference Remotely by Phone or Video filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. Request set for hearing on 4/27/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Lee H. Roistacher, #2 Certificate of Service) (Roistacher, Lee) Modified on 4/24/2023 (gga). |
Filing 205 MINUTE (IN CHAMBERS) ORDER RE: NOTICE OF SETTLEMENT by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 204 NOTICE of Settlement CONDITIONAL SETTLEMENT AND REQUEST TO VACATE DATES filed by Plaintiffs Edward Tapia. (Carrillo, Luis) |
Filing 203 REQUEST FOR JUDICIAL NOTICE re Joint NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff Anthony Bronstein's Second, Third and Fourth Causes of Action in the Fourt Amended Consolidated Complaint #202 filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. (Attachments: #1 Certificate of Service)(Roistacher, Lee) |
Filing 202 Joint NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Plaintiff Anthony Bronstein's Second, Third and Fourth Causes of Action in the Fourt Amended Consolidated Complaint filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. Motion set for hearing on 4/6/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Certificate of Service) (Roistacher, Lee) |
Filing 201 THIRD-PARTY DEFENDANTS VITAL HEALTH MEDICAL SERVICES, LLCS AND ARBI BAGHALIAN, R.N.S AMENDED ANSWER TO DEFENDANTS AND THIRD-PARTY PLAINTIFFS FIRST AMENDED THIRD-PARTY COMPLAINT; DECLARATION OF TIMOTHY M. SCHULER, ESQ. ANSWER to Amended Third-Party Complaint, #121 JURY DEMAND filed by Defendants Arbi Baghalian, Vital Medical Services, LLC.(Schuler, Timothy) |
Filing 200 ANSWER to Amended Complaint/Petition,, #142 THIRD-PARTY DEFENDANTS VITAL HEALTH MEDICAL SERVICES, LLCS AND ARBI BAGHALIAN, R.N.S ANSWER TO PLAINTIFFS THIRD AMENDED CONSOLIDATED COMPLAINT filed by Defendant Arbi Baghalian, Vital Medical Services, LLC.(Schuler, Timothy) |
Filing 199 ORDER IN RESPONSE TO NOTICE TO FILER OFDEFICIENCES IN FILED DOCUMENT RE: Notice of Appearance or Withdrawal of Counsel #191 by Judge Fernando M. Olguin. The document is stricken. (iv) |
Filing 198 ORDER RE: STIPULATION TO DISMISS CLAIM IN FIRST AMENDED THIRD PARTY COMPLAINT AND WITHDRAWAL OF MOTION TO DISMISS FIRST AMENDED THIRD PARTY COMPLAINT #195 by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 197 OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Modify Scheduling Order #193 filed by Consol Plaintiffs E.W., L.W., Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Attachments: #1 Declaration of J. Miguel Flores in support of Opposition to Motion to Modify Scheduling Order, #2 Declaration of Michael S. Carrillo in support of Opposition to Motion to Modify Scheduling Order)(Carrillo, Luis) |
Filing 196 Notice Joinder in Officer Defendants' Motion to Modify Scheduling Order (193 and 193-1) filed by Defendant Arbi Baghalian, Vital Medical Services, LLC. (Schuler, Timothy) |
Filing 195 STIPULATION to Dismiss Case pursuant to Parties Stipulate to Dismissal of Professional Negligence Claim filed by Defendant and Third Party Plaintiff State of California, acting by and through the California Highway Patrol. (Attachments: #1 Proposed Order Proposed Order)(Attorney Betty Chu-Fujita added to party State of California, acting by and through the California Highway Patrol(pty:3pp))(Chu-Fujita, Betty) |
Filing 194 MINUTE (IN CHAMBERS) ORDER RE: BRIEFING SCHEDULE #193 by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 193 NOTICE OF MOTION AND MOTION for Order for Modify Scheduling Order filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. Motion set for hearing on 2/23/2023 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Lee H. Roistacher, #3 Proposed Order, #4 Certificate of Service) (Roistacher, Lee) |
Filing 192 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #191 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Counsel G01. 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. (ak) |
Filing 191 **STRICKEN** Notice of Appearance or Withdrawal of Counsel: for attorney Ronald E Norman counsel for Consol Plaintiff E.W.. RONALD E. NORMAN is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff E.W., a minor. (Norman, Ronald) Modified on 1/26/2023 Per Order #199 (iv). |
Filing 190 Notice of Appearance or Withdrawal of Counsel: for attorney Kimberly A Sullivan counsel for Third Party Plaintiffs Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss, Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. Adding Kimberly A. Sullivan Esq. as counsel of record for Sergeant Michael Little, Officer Carlos Villanueva, Officer Diego Romero, Officer Darren Parsons, Officer Eric Voss, Officer Justin Silva, Officer Marciel Terry, Officer Dusty Osmanson, Officer Christopher Sanchez-Romero, Officer Dionisio Fiorella for the reason indicated in the G-123 Notice. Filed by Defendants and Third Party Plaintiffs Kimberly A. Sullivan, Esq.. (Attachments: #1 Certificate of Service)(Attorney Kimberly A Sullivan added to party Dionisio Fiorella(pty:3pp), Attorney Kimberly A Sullivan added to party Dionisio Fiorella(pty:dft), Attorney Kimberly A Sullivan added to party Michael Little (pty:3pp), Attorney Kimberly A Sullivan added to party Michael Little (pty:dft), Attorney Kimberly A Sullivan added to party Dusty Osmanson(pty:3pp), Attorney Kimberly A Sullivan added to party Dusty Osmanson(pty:dft), Attorney Kimberly A Sullivan added to party Darren Parsons(pty:3pp), Attorney Kimberly A Sullivan added to party Darren Parsons(pty:dft), Attorney Kimberly A Sullivan added to party Diego Romero(pty:dft), Attorney Kimberly A Sullivan added to party Diego Romero(pty:3pp), Attorney Kimberly A Sullivan added to party Christopher Sanchez-Romero(pty:dft), Attorney Kimberly A Sullivan added to party Christopher Sanchez-Romero(pty:3pp), Attorney Kimberly A Sullivan added to party Justin Silva(pty:dft), Attorney Kimberly A Sullivan added to party Justin Silva(pty:3pp), Attorney Kimberly A Sullivan added to party Marciel Terry(pty:dft), Attorney Kimberly A Sullivan added to party Marciel Terry(pty:3pp), Attorney Kimberly A Sullivan added to party Carlos Villanueva(pty:3pp), Attorney Kimberly A Sullivan added to party Carlos Villanueva(pty:dft), Attorney Kimberly A Sullivan added to party Eric Voss(pty:3pp), Attorney Kimberly A Sullivan added to party Eric Voss(pty:dft))(Sullivan, Kimberly) |
Filing 189 FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition,, #142 , filed by Plaintiffs L.W., Edward Tapia, I. M., E.W., Cheryl Tapia-Rufener, Brianna Palomino (Attachments: #1 Declaration of Anthony Bronstein Successor in Interest)(Carrillo, Luis) |
Filing 188 MINUTES (IN CHAMBERS) ORDER RE:MOTION TO COMPEL JOINDER #150 by Judge Fernando M. Olguin. Defendants' Motion to Compel Joinder of Necessary Party is granted. (iv) |
Filing 187 MINUTES (IN CHAMBERS) ORDER RE: EX PARTE APPLICATION #144 by Judge Fernando M. Olguin. Defendants' Ex Parte Application for an Order to Stay Action is denied. (iv) |
Filing 186 MINUTES (In Chambers) Order Re: Ex Parte Application #163 by Judge Fernando M. Olguin. IT IS ORDERED THAT: 1. Defendants' Ex Parte Application for an Order Modifying the Scheduling and Case Management Order (Document No. 163) is granted as set forth in this Order. The final pretrial conference and hearing on motions in limine is scheduled for June 30, 2023, at 10:00 a.m. The trial is scheduled to begin on July 18, 2023, at 9:00 a.m. On the first day of trial, counsel must appear at 8:45 a.m. to discuss preliminary matters with the court. See minute order for other deadlines. (lom) |
Filing 185 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #184 by Judge Fernando M. Olguin. The request of Officer Diego Romero to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 184 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Diego Romero. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Diego Romero(pty:dft), Attorney Lee H Roistacher added to party Diego Romero(pty:3pp)) (Roistacher, Lee) |
Filing 183 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Order to Show Cause #161 issued on November 28, 2022 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 182 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #178 by Judge Fernando M. Olguin. The request of Officer Dusty Osmansonto substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 181 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #177 by Judge Fernando M. Olguin. The request of Officer Marciel Terry to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 179 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #170 by Judge Fernando M. Olguin. The request of Sergeant Michael Little to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 178 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Dusty Osmanson. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Dusty Osmanson(pty:3pp), Attorney Lee H Roistacher added to party Dusty Osmanson(pty:dft)) (Roistacher, Lee) |
Filing 177 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Marciel Terry. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Marciel Terry(pty:dft), Attorney Lee H Roistacher added to party Marciel Terry(pty:3pp)) (Roistacher, Lee) |
Filing 180 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #176 by Judge Fernando M. Olguin. The request of Officer Eric Voss to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 176 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Eric Voss. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Eric Voss(pty:3pp), Attorney Lee H Roistacher added to party Eric Voss(pty:dft)) (Roistacher, Lee) |
Filing 175 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #169 by Judge Fernando M. Olguin. The request of Officer Justin Silva to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 174 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #168 by Judge Fernando M. Olguin. The request of Officer Carlos Villanueva to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 173 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #167 by Judge Fernando M. Olguin. The request of Officer Dionisio Fiorella to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 172 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #166 by Judge Fernando M. Olguin. The request of Officer Darren Parsons to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger is GRANTED. (iv) |
Filing 171 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #165 by Judge Fernando M. Olguin. The request of Officer Christopher Sanchez-Romero to substitute Lee H. Roistacher as attorney of record instead of Shirley R. Sullinger/Betty Chu-Fujita is GRANTED. (iv) |
Filing 170 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Michael Little. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Michael Little (pty:3pp), Attorney Lee H Roistacher added to party Michael Little (pty:dft)) (Roistacher, Lee) |
Filing 169 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Justin Silva, Justin Silva. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Justin Silva(pty:dft), Attorney Lee H Roistacher added to party Justin Silva(pty:3pp)) (Roistacher, Lee) |
Filing 168 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Carlos Villanueva. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Carlos Villanueva(pty:3pp), Attorney Lee H Roistacher added to party Carlos Villanueva(pty:dft)) (Roistacher, Lee) |
Filing 167 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Dionisio Fiorella. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Dionisio Fiorella(pty:3pp), Attorney Lee H Roistacher added to party Dionisio Fiorella(pty:dft)) (Roistacher, Lee) |
Filing 166 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Darren Parsons. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Darren Parsons(pty:3pp), Attorney Lee H Roistacher added to party Darren Parsons(pty:dft)) (Roistacher, Lee) |
Filing 165 REQUEST TO SUBSTITUTE ATTORNEY Lee H. Roistacher in place of attorney Shirley R. Sullinger and Betty Chu-Fujita filed by Defendant and Third Party Plaintiff Christopher Sanchez-Romero. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Attorney Lee H Roistacher added to party Christopher Sanchez-Romero(pty:dft), Attorney Lee H Roistacher added to party Christopher Sanchez-Romero(pty:3pp)) (Roistacher, Lee) |
Filing 164 OPPOSITION re: EX PARTE APPLICATION for Order for MODIFYING THE SCHEDULING AND CASE MANAGEMENT ORDER ; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER AND LEE H. ROISTACHER, ESQ. #163 filed by Consol Plaintiffs E.W., L.W., Plaintiffs Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 163 EX PARTE APPLICATION for Order for MODIFYING THE SCHEDULING AND CASE MANAGEMENT ORDER ; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER AND LEE H. ROISTACHER, ESQ. filed by Defendants State of California, State of California, acting by and through the California Highway Patrol. (Attachments: #1 Proposed Order Proposed Order) (Sullinger, Shirley) |
Filing 162 STATUS REPORT filed by Plaintiffs Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 161 MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS OR DISMISSAL by Judge Fernando M. Olguin. No later than December 5, 2022, the parties shall show cause in writing why sanctions should not be imposed for failure to comply with the Courts Order of August 8, 2022. (iv) |
Filing 160 ORDER RE STIPULATION TO MODIFY AND CONTINUE CASE MANAGEMENT ORDER DATES #158 by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv) |
Filing 159 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin: On the court's own motion, Motion for Order to Join Party #150 and the Motion to Dismiss #151 , currently set for hearing on November 17, 2022, are taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 158 Joint STIPULATION to MODIFY AND CONTINUE CASE MANAGEMENT ORDER filed by Plaintiffs I. M.. (Attachments: #1 Proposed Order)(Carrillo, Luis) |
Filing 157 REPLY Reply to Opposition NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS THIRD AMENDED CONSOLIDATED COMPLAINT ; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER #151 filed by Defendant State of California. (Sullinger, Shirley) |
Filing 156 REPLY in support of NOTICE OF MOTION AND MOTION for Order for To Join A Necessary Party ; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT; DECLARATION OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER #150 filed by Defendants California Highway Patrol, Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, State of California, Marciel Terry, Carlos Villanueva, Eric Voss. (Sullinger, Shirley) |
Filing 155 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS THIRD AMENDED CONSOLIDATED COMPLAINT ; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER #151 filed by Consol Plaintiffs E.W., L.W., Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 154 OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for To Join A Necessary Party ; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT; DECLARATION OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER #150 filed by Consol Plaintiffs E.W., L.W., Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 153 Third party Defendants Vital Health Medical Services, LLC and Arbi Baghalian, R.N.'s Amended Answer to Plaintiffs' Third Amended Consolidated Complaint; Declaration of Timothy M. Schuler, Esq. and Jury trial demand ANSWER to Amended Complaint/Petition,, #142 JURY DEMAND filed by Defendant Arbi Baghalian, Vital Medical Services, LLC.(Schuler, Timothy) |
Filing 152 ANSWER to Amended Complaint/Petition,, #142 JURY DEMAND. filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss.(Sullinger, Shirley) |
Filing 151 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS THIRD AMENDED CONSOLIDATED COMPLAINT ; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER filed by Defendants State of California. Motion set for hearing on 11/17/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order Proposed Order) (Sullinger, Shirley) |
Filing 150 NOTICE OF MOTION AND MOTION for Order for To Join A Necessary Party ; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT; DECLARATION OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. Motion set for hearing on 11/17/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order Proposed Order) (Sullinger, Shirley) |
Filing 149 Third party Defendants Vital Health Medical Services, LLC and Arbi Baghalian, R.N.'s Answer to Plaintiffs' Third Amended Consolidated Complaint ANSWER to Amended Complaint/Petition,, #142 JURY DEMAND filed by Defendant Arbi Baghalian, Vital Medical Services, LLC.(Irwin, Gabriel) |
Filing 148 JOINDER in EX PARTE APPLICATION for Order for To Stay Action or For Relief From Scheduling and Case Management Order ; Memorandum of Points and Authorities; Declaration of Deputy Attorneys General Shirley R. Sullinger #144 filed by Third Party Defendants Arbi Baghalian, Vital Medical Services, LLC. (Schuler, Timothy) |
Filing 147 MINUTES (In Chambers) Order Re: Ex Parte Application #143 by Judge Fernando M. Olguin. Defendants' Ex Parte Application for an Order Compelling Joinder of Necessary Party (Document No. #143 ) is denied without prejudice. There is no reason why the relief defendants seek cannot be heard via a properly noticed motion that complies with the Local Rules. (lom) |
Filing 146 Opposition re: EX PARTE APPLICATION for Order for Compel Joinder of Necessary Party ; Memorandum of Points and Authorities; Declaration of Deputy Attorneys General Shirley R. Sullinger #143 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 145 Opposition re: EX PARTE APPLICATION for Order for To Stay Action or For Relief From Scheduling and Case Management Order ; Memorandum of Points and Authorities; Declaration of Deputy Attorneys General Shirley R. Sullinger #144 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 144 EX PARTE APPLICATION for Order for To Stay Action or For Relief From Scheduling and Case Management Order ; Memorandum of Points and Authorities; Declaration of Deputy Attorneys General Shirley R. Sullinger filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, State of California, acting by and through the California Highway Patrol, Marciel Terry, Carlos Villanueva, Eric Voss. (Attachments: #1 Proposed Order Proposed Order) (Sullinger, Shirley) |
Filing 143 EX PARTE APPLICATION for Order for Compel Joinder of Necessary Party ; Memorandum of Points and Authorities; Declaration of Deputy Attorneys General Shirley R. Sullinger filed by Defendants Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, State of California, acting by and through the California Highway Patrol, Marciel Terry, Carlos Villanueva, Eric Voss. (Attachments: #1 Proposed Order Proposed Order) (Sullinger, Shirley) |
Filing 142 THIRD AMENDED CONSOLIDATED COMPLAINT AMENDED COMPLAINT against Defendants Arbi Baghalian, California Highway Patrol, Doe CHP Officers, Does, Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, State of California, Marciel Terry, Carlos Villanueva, Vital Medical Services, LLC, Eric Voss amending Amended Complaint/Petition #85 , filed by Plaintiffs L.W., Edward Tapia, I. M., E.W., Cheryl Tapia-Rufener, Brianna Palomino(Carrillo, Luis) |
Filing 141 ORDER RE: MOTIONS TO DISMISS by Judge Fernando M. Olguin. The State's Motion to Dismiss #102 is granted in part and denied in part. The Vital defendants Motion to Dismiss #119 is denied. (iv) |
Filing 140 MINUTES (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The final pretrial conference and hearing on motions in limine is scheduled for May 5, 2023, at 10:00 a.m. The trial is scheduled to begin on May 23, 2023, at 9:00 a.m. (iv) |
Filing 139 EX PARTE APPLICATION for Order for Modifying the Scheduling and Case Management Order ; Memorandum of Points and Authorities; Declarations of Deputy Attorneys General Shirley R. Sullinger and Betty Chu-Fujita filed by Defendants California Highway Patrol, Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Justin Silva, State of California, State of California, acting by and through the California Highway Patrol, Marciel Terry, Carlos Villanueva, Eric Voss. (Attachments: #1 Proposed Order Proposed Order) (Sullinger, Shirley) |
Filing 138 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. In light of the court's Order re: Further Proceedings #137 , the Motion to Modify Case Management Order #135 is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 137 MINUTE (IN CHAMBERS) ORDER RE:FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The final pretrial conference and hearing on motions in limine is scheduled for March 3, 2023, at 10:00 a.m. The trial is scheduled to begin on March 21, 2023, at 9:00 a.m. (iv) |
Filing 136 STIPULATION for Order Modify Case Management Order filed by Defendant Arbi Baghalian, Vital Medical Services, LLC. (Attachments: #1 Proposed Order)(Schuler, Timothy) |
Filing 135 First NOTICE OF MOTION AND MOTION to MODIFY AND CONTINUE CASE MANAGEMENT ORDER DATES filed by Defendant Arbi Baghalian, Vital Medical Services, LLC. Motion set for hearing on 6/30/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit, #2 Proposed Order) (Schuler, Timothy) |
Filing 134 FIRST AMENDED STIPULATION RE: PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order #132 . *SEE ORDER FOR DETAILS* (et) |
Filing 133 STATUS REPORT RE MEDIATION filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 132 Amended STIPULATION for Protective Order filed by Plaintiffs I. M..(Carrillo, Luis) |
Filing 131 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Third Party Motion to Dismiss #125 , currently set for hearing on May 19, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 130 REPLY Third Party NOTICE OF MOTION AND MOTION to Dismiss Case with proof of service #125 filed by Third Party Defendants Arbi Baghalian, Vital Medical Services, LLC. (Irwin, Gabriel) |
Filing 129 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #119 , currently set for hearing on May 5, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 128 Opposition Opposition re: Third Party NOTICE OF MOTION AND MOTION to Dismiss Case with proof of service #125 First Amended Third Party Complaint filed by Third Party Plaintiffs Dionisio Fiorella, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, State of California, acting by and through the California Highway Patrol, Marciel Terry, Carlos Villanueva, Eric Voss. (Sullinger, Shirley) |
Filing 127 Opposition TO THIRD PARTY DEFENDANTS MOTION TO DISMISS THIRD PARTY COMPLAINT; DECLARATION OF DEPUTY ATTORNEY GENERAL SHIRLEY R. SULLINGER re: Third Party NOTICE OF MOTION AND MOTION to Dismiss Case with proof of service #125 filed by Third Party Plaintiffs Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, State of California, acting by and through the California Highway Patrol, Marciel Terry, Carlos Villanueva, Eric Voss. (Sullinger, Shirley) |
Filing 126 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint #119 filed by Third Party Defendants Arbi Baghalian, Vital Medical Services, LLC. (Irwin, Gabriel) |
Filing 125 Third Party NOTICE OF MOTION AND MOTION to Dismiss Case with proof of service filed by Defendant Arbi Baghalian, Vital Medical Services, LLC. Motion set for hearing on 5/19/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order re: motion to dismiss) (Irwin, Gabriel) |
Filing 124 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint #119 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 123 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Pursuant to the filing of a First Amended Third-Party Complaint #121 , the Motion to Dismiss #118 is hereby denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 122 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Pursuant to the court's March 15, 2022 order (Dkt. #114 ) Defendant's Ex Parte Application #112 is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 121 First AMENDED THIRD-PARTY COMPLAINT against Third Party Defendants Arbi Baghalian, Vital Medical Services, LLC amending Third Party Complaint, #87 ; JURY DEMAND, filed by Third Party Plaintiffs Marciel Terry, Darren Parsons, Dusty Osmanson, Christopher Sanchez-Romero, Dionisio Fiorella, Diego Romero, State of California, acting by and through the California Highway Patrol, Justin Silva, Carlos Villanueva, Michael Little, Eric Voss(Sullinger, Shirley) |
Filing 120 ANSWER to Amended Complaint/Petition #85 with JURY DEMAND Defendants' First Amended Answer to Plaintiffs' Second Amended Consolidated Complaint; Jury Demand filed by Defendants Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss, Dionisio Fiorella.(Attorney Shirley R Sullinger added to party Dionisio Fiorella(pty:dft))(Sullinger, Shirley) |
Filing 119 NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint filed by Third Party Defendant Arbi Baghalian, Vital Medical Services, LLC. Motion set for hearing on 5/5/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order Proposed Order) (Irwin, Gabriel) |
Filing 118 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Third Party Defendant Arbi Baghalian, Vital Medical Services, LLC. Motion set for hearing on 4/28/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order Proposed Order) (Irwin, Gabriel) |
Filing 117 PROOF OF SERVICE Executed by Plaintiff I. M., upon Defendant Vital Medical Services, LLC served on 3/7/2022, answer due 4/4/2022. Service of the Summons and Complaint were executed upon Armen Sarkashian, Managing Director authorized to accept service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carrillo, Luis) |
Filing 116 PROOF OF SERVICE Executed by Plaintiff I. M., upon Defendant Arbi Baghalian served on 3/8/2022, answer due 4/4/2022. Service of the Summons and Complaint were executed upon Litush Mosab, Mother in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Carrillo, Luis) |
Filing 115 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #102 , currently set for hearing on March 24, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 114 MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTIONS #109 #110 by Judge Fernando M. Olguin. Defendant's Motion to Certify Orders is denied without prejudice. Defendant's Motion for Emergency Stay is denied as moot. (iv) |
Filing 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION #112 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv) |
Filing 112 EX PARTE APPLICATION for Review of Magistrate Order of 1-27-22 re: release of video re Order on Motion for Discovery,, #83 with proof of service filed by Defendant Arbi Baghalian, Vital Medical Services, LLC. (Attachments: #1 Exhibit 1-27-22 minute order, #2 Exhibit Proof of Service Vital Medical, #3 Exhibit Proof of Service Baghalian, #4 Exhibit Meet and Confer letter, #5 Exhibit Joint Stip to Extend Response Time, #6 Exhibit 3rd Party Complaint, #7 Exhibit e-mail re: redaction) (Irwin, Gabriel) |
Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion #109 , #110 . 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. (iv) |
Filing 110 NOTICE OF MOTION AND MOTION to Stay pending Emergency Stay of District Court's Order Entered on February 25, 2022 Granting Plaintiffs' Discovery Motion to Release Videos to Public on March 15, 2022 Order on Motion for Review,, #104 Declaration of Deputy Attorney General Shirley R. Sullinger filed by Defendants California Highway Patrol, Michael Little, Dusty Osmanson, Darren Parsons, Diego Romero, Christopher Sanchez-Romero, Justin Silva, Marciel Terry, Carlos Villanueva, Eric Voss. (Attachments: #1 Proposed Order) (Sullinger, Shirley) |
Filing 109 NOTICE OF MOTION AND MOTION to Certify Orders Denying Motion for Review of Magistrate Judge's January 27, 2022 Order Releasing Videos filed by Defendant California Highway Patrol. (Attachments: #1 Proposed Order) (Sullinger, Shirley) |
Filing 108 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint #102 Reply to Opposition to Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint filed by Defendant State of California. (Sullinger, Shirley) |
Filing 107 STIPULATION Extending Time to Answer the complaint as to Vital Medical Services, LLC answer now due 4/4/2022; Arbi Baghalian answer now due 4/4/2022, re Third Party Complaint, #87 filed by Third Party Defendants Vital Medical Services, LLC; Arbi Baghalian.(Attorney Gabriel Marsh Irwin added to party Arbi Baghalian(pty:3pd), Attorney Gabriel Marsh Irwin added to party Vital Medical Services, LLC(pty:3pd))(Irwin, Gabriel) |
Filing 106 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint #102 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 105 ANSWER to Amended Complaint/Petition #85 with JURY DEMAND ANSWER TO PLAINTIFFS' SECOND AMENDED CONSOLIDATED COMPLAINT; JURY DEMAND filed by Defendants Michael Little, Carlos Villanueva, Diego Romero, Darren Parsons, Eric Voss, Justin Silva, Marciel Terry, Dusty Osmanson, Christopher Sanchez-Romero.(Attorney Shirley R Sullinger added to party Michael Little (pty:dft), Attorney Shirley R Sullinger added to party Carlos Villanueva(pty:dft), Attorney Shirley R Sullinger added to party Diego Romero(pty:dft), Attorney Shirley R Sullinger added to party Darren Parsons(pty:dft), Attorney Shirley R Sullinger added to party Eric Voss(pty:dft), Attorney Shirley R Sullinger added to party Justin Silva(pty:dft), Attorney Shirley R Sullinger added to party Marciel Terry(pty:dft), Attorney Shirley R Sullinger added to party Dusty Osmanson(pty:dft), Attorney Shirley R Sullinger added to party Christopher Sanchez-Romero(pty:dft))(Sullinger, Shirley) |
Filing 104 MINUTES (IN CHAMBERS) by Judge Fernando M. Olguin: Order Re: Motion for Review of Magistrate Judges Order #98 . The court has reviewed and considered all the briefing filed with respect to third-party plaintiff State of California's, acting by and through the California Highway Patrol, Motion for Review of Magistrate Judges January 27, 2022 Order. The Magistrate Judges Order of January 27, 2022, (Dkt. 83) is neither clearly erroneous nor contrary to law. Accordingly, the Statute of California's Motion for Review of Magistrate Judges January 27, 2022 Order is denied. (lc) |
Filing 103 REPLY In Support of NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's January 27, 2022 Order re Plaintiffs' Motion to Release Videos from Court's Protective Order on March 15, 2022 re Order on Motion for Discovery,, #83 Declaration of De #98 filed by ThirdParty Plaintiff State of California, acting by and through the California Highway Patrol. (Sullinger, Shirley) |
Filing 102 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint filed by Third Party Plaintiff State of California, acting by and through the California Highway Patrol. Motion set for hearing on 3/24/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order [Proposed] Order re Defendant's Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint) (Sullinger, Shirley) |
Filing 101 PROOF OF SERVICE Executed by Third Party Plaintiff State of California, acting by and through the California Highway Patrol, upon Third Party Defendant Vital Medical Services, LLC served on 2/10/2022, answer due 3/3/2022. Service of the Summons and Complaint were executed upon Vital Medical Services, LLC in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Sullinger, Shirley) |
Filing 100 PROOF OF SERVICE Executed by Plaintiff State of California, acting by and through the California Highway Patrol, upon Third Party Defendant Arbi Baghalian served on 2/11/2022, answer due 3/4/2022. Service of the Summons and Complaint were executed upon Arbi Baghalian, R.N., Third Party Defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sullinger, Shirley) |
Filing 99 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's January 27, 2022 Order re Plaintiffs' Motion to Release Videos from Court's Protective Order on March 15, 2022 re Order on Motion for Discovery,, #83 Declaration of De #98 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 98 NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's January 27, 2022 Order re Plaintiffs' Motion to Release Videos from Court's Protective Order on March 15, 2022 re Order on Motion for Discovery,, #83 Declaration of Deputy Attorney General Shirley R. Sullinger filed by Third Party Plaintiff State of California, acting by and through the California Highway Patrol. Motion set for hearing on 3/10/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order For Review of Magistrate Judge's January 27, 2022 Order) (Sullinger, Shirley) |
Filing 97 21 DAY Summons Issued re Third Party Complaint, #87 as to Third Party Defendant Vital Medical Services, LLC. (iv) |
Filing 96 21 DAY Summons Issued re Third Party Complaint, #87 as to Third Party Defendant Arbi Baghalian. (iv) |
Filing 95 Request for Clerk to Issue Summons on Third Party Complaint, #87 filed by Third Party Plaintiff (As Against Vital Medical Services, LLC) State of California, acting by and through the California Highway Patrol. (Sullinger, Shirley) |
Filing 94 Request for Clerk to Issue Summons on Third Party Complaint, #87 filed by Third Party Plaintiff (As Against Arbi Baghalian, R.N.) State of California, acting by and through the California Highway Patrol. (Sullinger, Shirley) |
Filing 93 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #90 , Summons Request, #91 . The following errors were 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. The names in the "TO" section do not match the Third Party Complaint verbatim. The names must be written exactly how the names are listed in the Third Party Complaint caption. The full name and party text must be included. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (aco) |
Filing 92 Notice of Appearance or Withdrawal of Counsel: for attorney Betty Chu-Fujita counsel for Defendants California Highway Patrol, State of California. Adding Betty ChuFujita as counsel of record for State of Califronia for the reason indicated in the G-123 Notice. Filed by Defendant Betty Chu-fujita. (Attorney Betty Chu-Fujita added to party California Highway Patrol(pty:dft), Attorney Betty Chu-Fujita added to party State of California(pty:dft))(Chu-Fujita, Betty) |
Filing 91 Request for Clerk to Issue Summons on Third Party Complaint, #87 , Civil Cover Sheet (CV-71) #88 filed by Third Party Plaintiff (As against Vital Medical Services, LLC) State of California, acting by and through the California Highway Patrol. (Sullinger, Shirley) |
Filing 90 Request for Clerk to Issue Summons on Third Party Complaint, #87 , Civil Cover Sheet (CV-71) #88 filed by Third Party Plaintiff State of California, acting by and through the California Highway Patrol. (Sullinger, Shirley) |
Filing 89 21 DAY Summons Issued re Amended Complaint/Petition #85 as to Defendant California Highway Patrol, Doe CHP Officers, State of California. (iv) |
Filing 88 CIVIL COVER SHEET filed by ThirdParty Plaintiff State of California, acting by and through the California Highway Patrol. (Sullinger, Shirley) |
Filing 87 THIRD PARTY COMPLAINT against Third Party Defendants Arbi Baghalian, Vital Medical Services, LLC ; Jury Demand, filed by Third Party Plaintiff State of California, acting by and through the California Highway Patrol. (Attorney Shirley R Sullinger added to party State of California, acting by and through the California Highway Patrol(pty:3pp))(Sullinger, Shirley) |
Filing 86 Request for Clerk to Issue Summons on Amended Complaint/Petition #85 filed by Plaintiffs E.W., L.W., I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 85 SECOND AMENDED COMPLAINT All Defendants amending Consolidated Complaint #71 , filed by Plaintiffs Cheryl Tapia-Rufener, L.W., Edward Tapia, E.W., I. M., Brianna Palomino(Carrillo, Luis) |
Filing 84 MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTIONS #74 #75 by Judge Fernando M. Olguin. Plaintiffs shall, no later than two court days from the filing of this Order, file their Second Amended Consolidated Complaint. (iv) |
Filing 83 MINUTES (IN CHAMBERS) ORDER RE PLAINTIFFS' MOTION TO RELEASE VIDEOS FROM COURTS PROTECTIVE ORDER SO THAT VIDEOS CAN BE PUBLICLY RELEASED (Dkt. 56) by Magistrate Judge John E. McDermott: The Court finds that the public's interest in the conduct of its peace officers outweighs other interests and any risk of particularized harm. The Court ORDERS the videos to be released from the Protective Order on March 15, 2022. This release date will permit all outstanding parties to appear by the District Court's March 2, 2022 deadline and for the District Attorney's Office to finish its investigation. Granting #56 Motion for Discovery. [See document for further details.] (es) |
Filing 82 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed] Order #74 filed by Defendant State of California. (Sullinger, Shirley) |
Filing 81 21 DAY Summons Issued re Consolidated Complaint #71 as to Defendant California Highway Patrol, Doe CHP Officers, State of California. (iv) |
Filing 80 Request for Clerk to Issue Summons on Consolidated Complaint #71 filed by Plaintiffs I. M.. (Carrillo, Luis) |
Filing 79 FURTHER BRIEF filed by Plaintiffs I. M.. regarding Motion Hearing,, Set/Reset Deadlines, #63 , MOTION for Discovery regarding Release Videos From Court's Protective Order so that Videos can be Publicly Released #56 . (Attachments: #1 Declaration, #2 Exhibit A., #3 Exhibit B, #4 Exhibit C)(Carrillo, Luis) |
Filing 78 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed] Order #74 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 77 OPPOSITION to MOTION for Discovery regarding Release Videos From Court's Protective Order so that Videos can be Publicly Released #56 Supplemental Brief in Support of Opposition to Plaintiffs' Discovery Motion to Disclose Videos to the Public filed by Defendant California Highway Patrol. (Sullinger, Shirley) |
Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to file Second Amended Complaint #75 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. 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. (iv) |
Filing 75 NOTICE OF MOTION AND MOTION to MOTION FOR LEAVE TO FILE A SECOND AMENDED CONSOLIDATED COMPLAINT filed by Plaintiffs I. M.. Motion set for hearing on 2/17/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit, #2 Exhibit) (Carrillo, Luis) |
Filing 74 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed] Order filed by Defendant State of California. Motion set for hearing on 2/10/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order [Proposed] Order re Defendant's Motion to Dismiss Plaintiffs' First Amended Consolidated Complaint) (Sullinger, Shirley) |
Filing 72 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Pursuant to the filing of a Consolidated First Amended Complaint #71 , the Motion to Dismiss #44 is hereby deemed moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 71 CONSOLIDATED COMPLAINT FIRST AMENDED CONSOLIDATED COMPLAINT FOR DAMAGES related to: #39 Consolidated Complaint,, filed by Plaintiffs Edward Tapia(Carrillo, Luis) |
Filing 70 TRANSCRIPT ORDER as to Defendant State of California for Court Smart (CS). Court will contact Shirley Sullinger at shirley.sullinger@doj.ca.gov with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Sullinger, Shirley) |
Filing 69 ORDER RE: DEFENDANT STATE OF CALIFORNIA'S REQUEST TO RELEASE SEALED TRANSCRIPT TO COUNSEL by Magistrate Judge John E. McDermott, re Transcript Order Form (G-120) #67 . Transcript is ordered released to defense counsel. Counsel is ordered to maintain confidentiality of the sealed transcript. (et) |
Filing 68 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (G-120) #67 . The following error(s) was found: INCORRECT EVENT CODE SELECTED. PLEASE REFILE USING THE CORRECT EVENT CODE. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Prado, Araceli) TEXT ONLY ENTRY |
Filing 67 TRANSCRIPT ORDER as to Defendants California Highway Patrol, Doe CHP Officers, Does, State of California DCN number: 63 for Court Smart (CS). (Attachments: #1 Proposed Order)(Sullinger, Shirley) |
Filing 66 ORDER by Judge Fernando M. Olguin: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Complaint/Petition #64 , for the following reasons: Document is stricken. The Clerk is directed to place the docket entry #64 under seal. Plaintiffs shall file a corrected First Amended Complaint no later than December 27, 2021. (iv) |
Filing 65 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #64 . The following error(s) was/were found: Pursuant to Fed. R. Civ P. 5.2 (a) the name of an individual known to be a minor should include only the minors initials. Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (iv) |
Filing 64 **STRICKEN** First AMENDED COMPLAINT against Defendant Doe CHP Officers, Does amending Consolidated Complaint, #39 , filed by Plaintiffs L.W., E.W., I. M., Brianna Palomino(Carrillo, Luis) Modified on 12/22/2021 Per Order #66 (iv). |
Filing 63 MINUTES OF HEARING ON MOTION (Dkt. No. #56 ) Hearing held before Magistrate Judge John E. McDermott. Matter was called. Parties stated their appearances. Court heard oral argument. The Court desires further briefing and declarations on issues identified at the hearing. The parties are ORDERED to file Supplemental Memorandums by January 20,2022 with supporting declarations as appropriate. Court Reporter: ZOOM/COURTSMART 12/21/2021. (et) |
Filing 62 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: MOTION for Discovery regarding Release Videos From Court's Protective Order so that Videos can be Publicly Released #56 previously scheduled for 12/21/21 10:00am has been reset DUE TO A CHAMBERS CALENDARING CONFLICT - Motion is hereby reset for hearing on 12/21/2021 at 11:00 AM before Magistrate Judge John E. McDermott. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
Filing 61 SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: MOTION for Discovery regarding Release Videos From Court's Protective Order so that Videos can be Publicly Released #56 . The clerk will email counsel the Zoom information for the hearing set for December 21, 2021 at 10:00am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
Filing 60 ORDER GRANTING APPLICATION FOR LEAVE TO FILE EXHIBIT IN SUPPORT OF JOINT DISCOVERY MOTION TO RELEASE VIDEOS FROM COURT'S PROTECTIVE ORDER UNDER SEAL by Magistrate Judge John E. McDermott: The following documents shall be received and filed under seal: (1) Exhibit D: CD of the videos depicting the death that occurred on March 31, 2020. Granting #57 Application for Leave to exhibit in support of discovery motion under seal. (es) |
Filing 59 ORDER GRANTING AMENDMENT OF CONSOLIDATED COMPLAINT #55 by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 58 NOTICE OF LODGING filed re APPLICATION for Leave to File Leave to File Exhibits in Support of Joint Discovery Motion to Release Videos from Court's Protective Order Under Seal #57 (Carrillo, Luis) |
Filing 57 APPLICATION for Leave to File Leave to File Exhibits in Support of Joint Discovery Motion to Release Videos from Court's Protective Order Under Seal filed by Plaintiffs Edward Tapia. (Attachments: #1 Declaration Declaration of Michael S. Carrillo, #2 Proposed Order)(Carrillo, Luis) |
Filing 56 NOTICE OF MOTION AND MOTION for Discovery regarding Release Videos From Court's Protective Order so that Videos can be Publicly Released filed by Plaintiffs Edward Tapia. Motion set for hearing on 12/21/2021 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Declaration Declaration of Michael S. Carrillo, #2 Declaration Declaration of Deputy Attorney General Shirley R. Sullinger, #3 Proposed Order)(Carrillo, Luis) |
Filing 55 Joint STIPULATION to Amend filed by Plaintiffs Edward Tapia. (Attachments: #1 Proposed Order)(Carrillo, Luis) |
Filing 54 MINUTES (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The final pretrial conference and hearing on motions in limine is scheduled for Friday, November 18, 2022, at 10:00 a.m. The trial is scheduled to begin on Tuesday, December 13, 2022, at 9:00 a.m. (iv) |
Filing 53 REPLY In Support of NOTICE OF MOTION AND MOTION to Reschedule /Modify and Continue Case Management Order Dates, Including Trial and Mediation Completion Memorandum of Points and Authorities; Stipulation; Declaration of Deputy Attorney General Shirley R. Sullinger #50 filed by Defendants California Highway Patrol, State of California. (Sullinger, Shirley) |
Filing 52 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Reschedule /Modify and Continue Case Management Order Dates, Including Trial and Mediation Completion Memorandum of Points and Authorities; Stipulation; Declaration of Deputy Attorney General Shirley R. Sullinger #50 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 51 MINUTE ORDER IN CHAMBERS RE: PENDING MOTION by Judge Fernando M. Olguin. The court is in receipt of the State of California's ("defendant") Motion to Modify and Continue Case Management Order Dates (Dkt. 50, "Motion"). IT IS ORDERED THAT: 1. Plaintiffs shall file their opposition papers to defendant's Motion no later than September 13, 2021. 2. Defendant shall file its reply papers no later than September 14, 2021. 2. Unless the court orders otherwise, defendant's Motion will be deemed submitted, without oral argument, on the day the reply is filed, or due and not filed. The court may order further briefing or other proceedings, at any time, as appropriate. (mrgo) |
Filing 50 NOTICE OF MOTION AND MOTION to Reschedule /Modify and Continue Case Management Order Dates, Including Trial and Mediation Completion Memorandum of Points and Authorities; Stipulation; Declaration of Deputy Attorney General Shirley R. Sullinger filed by Defendant State of California. Motion set for hearing on 10/7/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Sullinger, Shirley) |
Filing 49 PROTECTIVE ORDER #48 by Magistrate Judge John E. McDermott. [See document for details.] (es) |
Filing 48 Joint STIPULATION for Protective Order filed by Plaintiffs I. M..(Carrillo, Luis) |
Filing 47 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #44 is taken off the 7/8/2021 calendar and placed under submission. No appearances are required on 7/8/2021. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
Filing 46 REPLY Opposition to Motion to Dismiss Plaintiffs Consolidated Complaint filed by Defendants California Highway Patrol, Doe CHP Officers, Does, State of California. (Attorney Shirley R Sullinger added to party Doe CHP Officers(pty:dft), Attorney Shirley R Sullinger added to party Does(pty:dft))(Sullinger, Shirley) |
Filing 45 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Consolidated Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed Order] #44 filed by Consol Plaintiffs E.W., L.W., Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 44 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Consolidated Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed Order] filed by Defendant State of California. Motion set for hearing on 7/8/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order Re: Defendant's Motion to Dismiss Plaintiffs' Consolidated Complaint) (Sullinger, Shirley) |
Filing 43 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr) |
Filing 42 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial set for 6/21/2022 at 8:45 AM before Judge Fernando M. Olguin. *See order for dates, deadlines and requirements imposed.* (vdr) |
Filing 41 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Defendants California Highway Patrol, State of California.. (Sullinger, Shirley) |
Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consolidated Complaint #39 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. Pursuant to Fed. R. Civ P. 5.2 the name of an individual known to be a minor should include only the minors initials. 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. (iv) |
Filing 39 CONSOLIDATED COMPLAINT related to: #24 Amended Complaint/Petition, filed by Plaintiffs L.W., E.W., I. M., Brianna Palomino(Attorney Luis Allen Carrillo added to party E.W.(pty:conpla), Attorney Luis Allen Carrillo added to party L.W.(pty:conpla))(Carrillo, Luis) |
Filing 38 ORDER RE: CONSOLIDATION by Judge Fernando M. Olguin. *See Order for dates and details.* (iv) |
Filing 37 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Orders #35 and #36 issued on 4/29/2021 were issued on this case in error and should be disregarded. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 36 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr) |
Filing 35 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial set for 5/17/2022 at 8:45 AM before Judge Fernando M. Olguin. *See order for dates, deadlines and requirements imposed.* (vdr) |
Filing 34 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #30 is taken off the 5/6/2021 calendar and placed under submission. No appearances are required on 5/6/2021. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 33 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed] Order #30 filed by Defendant California Highway Patrol. (Sullinger, Shirley) |
Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed] Order #30 filed by Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 31 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 6/10/2021 at 10:00 AM before Judge Fernando M. Olguin. (vdr) |
Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Memorandum of Points and Authorities; Declaration of Deputy Attorney General Shirley R. Sullinger; [Proposed] Order filed by Defendant California Highway Patrol. Motion set for hearing on 5/6/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order Re Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint) (Sullinger, Shirley) |
Filing 29 STIPULATION to Consolidate Cases as to CV 20-11174-FMO-JEM and SA CV 21-0398 FMO (JEMx) filed by Defendant State of California.(Sullinger, Shirley) |
Filing 28 MINUTES (IN CHAMBERS) ORDER RE: CONSOLIDATION by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv) |
Filing 27 DECLARATION of Brianna Palomino Successor In Interest Pursuant To California Code Of Civil Procedure Section 377.32 filed by Plaintiff Brianna Palomino. (Carrillo, Luis) |
Filing 26 DECLARATION of Edward Tapia As Guardian Ad Litem For I.M., A Minor, Successor In Interest Pursuant To California Code Of Civil Procedure Section 377.32 filed by Plaintiff I. M.. (Carrillo, Luis) |
Filing 25 DECLARATION of Edward Tapia Successor In Interest Pursuant To California Code Of Civil Procedure Section 377.32 filed by Plaintiff Edward Tapia. (Carrillo, Luis) |
Filing 24 First AMENDED COMPLAINT against Defendant Doe CHP Officers amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Brianna Palomino, I. M., Cheryl Tapia-Rufener, Edward Tapia(Carrillo, Luis) |
Filing 23 ORDER RE STIPULATION #22 ALLOWING PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT FOR DAMAGES by Judge Fernando M. Olguin. *See Order for Details.* (iv) |
Filing 22 STIPULATION to Allow Plaintiffs To File A First Amended Complaint For Damages filed by Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Attachments: #1 Proposed Order [Proposed] Order Re Stipulation Allowing Plaintiffs To File A First Amended Complaint For Damages)(Carrillo, Luis) |
Filing 21 ORDER STRIKING by Judge Fernando M. Olguin Re: Miscellaneous Document #19 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Proposed Document was not submitted as separate attachment; and (2) Incorrect event selected. The correct event is: Stipulation. (vdr) |
Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulations #17 , #19 , Errata #18 . The following error(s) was/were found: (1) Incorrect event selected. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. (2) Proposed Document was not submitted as separate attachment. 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. (iv) |
Filing 19 **STRICKEN** STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT FOR DAMAGES filed by Plaintiffs I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener (Carrillo, Luis) Modified on 2/26/2021 (vdr). |
Filing 18 NOTICE OF ERRATA filed by Plaintiff I. M.. correcting Miscellaneous Document #17 (Carrillo, Luis) |
Filing 17 STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT FOR DAMAGES (Carrillo, Luis) |
Filing 16 STIPULATION Extending Time to Answer the complaint as to State of California answer now due 2/26/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants State of California.(Attorney Shirley R Sullinger added to party State of California(pty:dft))(Sullinger, Shirley) |
Filing 15 PROOF OF SERVICE Executed by Plaintiff Brianna Palomino, I. M., Cheryl Tapia-Rufener, Edward Tapia, upon Defendant California Highway Patrol served on 1/7/2021, answer due 1/28/2021. Service of the Summons and Complaint were executed upon CHP Officer Price - Badge #17818 - Person Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carrillo, Luis) |
Filing 14 PROOF OF SERVICE Executed by Plaintiff Brianna Palomino, I. M., Cheryl Tapia-Rufener, Edward Tapia, upon Defendant State of California served on 1/11/2021, answer due 2/1/2021. Service of the Summons and Complaint were executed upon Jane Ou, Attorney General Clerk - Person Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carrillo, Luis) |
Filing 13 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
Filing 12 ORDER by Magistrate Judge John E. McDermott: granting #10 APPLICATION to Appoint Guardian ad Litem. Appointing Edward Tapia as Guardian ad Litem for I.M. (et) |
Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant California Highway Patrol, State of California. (iv) |
Filing 10 APPLICATION for Appointment of Edward Tapia as Guardian ad Litem for I.M. filed by Plaintiff Edward Tapia. (Attachments: #1 Proposed Order) (Carrillo, Luis) |
Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff I. M., Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 8 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. (ghap) |
Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. 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 Fernando M. Olguin and Magistrate Judge John E. McDermott. (ghap) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs I.M., A Minor, Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 3 NOTICE of Interested Parties (Attorney Luis Allen Carrillo added to party Brianna Palomino(pty:pla), Attorney Luis Allen Carrillo added to party Edward Tapia(pty:pla), Attorney Luis Allen Carrillo added to party Cheryl Tapia-Rufener(pty:pla))(Carrillo, Luis) |
Filing 2 CIVIL COVER SHEET filed by Plaintiffs I.M., A Minor, Brianna Palomino, Edward Tapia, Cheryl Tapia-Rufener. (Carrillo, Luis) |
Filing 1 COMPLAINT Receipt No: ACACDC-29443137 - Fee: $402, filed by Plaintiffs I.M., A Minor. (Attorney Luis Allen Carrillo added to party I.M., A Minor(pty:pla))(Carrillo, Luis) |
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