Estate of Scott Hultman et al v. County of Ventura et al
| Estate of Scott Hultman, R. H. and Paula Hultman |
| County of Ventura, Ventura County Sheriffs Office, Bill Ayub, Wellpath Management Inc., Wellpath LLC, Leah James, R.N., Commander Mike Hartmann, Sarah Allbright, Crista Arnold, R.N., Darcy Denning, R.N. and Does 1 through 10, inclusive |
| 2:2021cv06280 |
| August 4, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Rozella A Oliver |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 53
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. 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 8/16/22. (rfi)
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Filing 52
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics.Final Pretrial Conference set for 10/3/2022 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 11/8/2022 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 51 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 50 NOTICE OF ERRATA: PLAINTIFFS OPPOSITION TO COUNTY OF VENTURA DEFENDANTS MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JENNIE HENDRICKSON ESQ., IN SUPPORT re NOTICE OF MOTION AND MOTION to Dismiss Case #46 [INCLUDING INADVERTANTLY OMITTED TABLE OF CONTENTS AND AUTHORITIES] filed by Plaintiff Estate of Scott Hultman. (Attachments: #1 Exhibit to Notice of Errata Plaintiffs' Opposition to Defendant Motion to Dismiss [adding tables of contents and authorities])(Pachowicz, Mark) |
| Filing 49 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #46 filed by Plaintiff Estate of Scott Hultman. (Attachments: #1 Exhibit to Plaintiffs' Opposition to Defendant Motion to Dismiss, #2 Proposed Order)(Pachowicz, Mark) |
| Filing 48 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Honorable Rozella A. Oliver for settlement proceedings. Filed by Plaintiff Estate of Scott Hultman.(Pachowicz, Mark) |
| Filing 47 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-12 days, filed by Plaintiff Estate of Scott Hultman.. (Pachowicz, Mark) |
| Filing 46 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Bill Ayub(individually), Bill Ayub(in his official capacity as Sheriff of Ventura County), County of Ventura, Mike Hartmann(in his official capacity), Mike Hartmann(individually), Ventura County Sheriffs Office. Motion set for hearing on 10/18/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Zambito, Rocco) |
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Filing 45
PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Joint Stipulation for Protective Order #44 . (see document for details) (hr)
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| Filing 44 Joint Stipulation filed by Plaintiff Estate of Scott Hultman (Pachowicz, Mark) |
| Filing 43 NOTICE of Interested Parties filed by Defendants Sarah Allbright, Crista Arnold, R.N., Darcy Denning, R.N., Leah James, R.N.(in her official capacity), Wellpath LLC, Wellpath Management Inc., (Attorney Jemma A Parker Saunders added to party Sarah Allbright(pty:dft), Attorney Jemma A Parker Saunders added to party Crista Arnold, R.N.(pty:dft), Attorney Jemma A Parker Saunders added to party Darcy Denning, R.N.(pty:dft), Attorney Jemma A Parker Saunders added to party Leah James, R.N.(pty:dft), Attorney Jemma A Parker Saunders added to party Wellpath LLC(pty:dft), Attorney Jemma A Parker Saunders added to party Wellpath Management Inc.(pty:dft))(Saunders, Jemma) |
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Filing 42
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 10/4/2021 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 41 ANSWER to Complaint (Attorney Civil Case Opening), #2 with JURY DEMAND filed by Defendants Sarah Allbright, Crista Arnold, R.N., Darcy Denning, R.N., Leah James, R.N.(in her official capacity), Wellpath LLC, Wellpath Management Inc..(Attorney Peter G Bertling added to party Sarah Allbright(pty:dft), Attorney Peter G Bertling added to party Crista Arnold, R.N.(pty:dft), Attorney Peter G Bertling added to party Darcy Denning, R.N.(pty:dft), Attorney Peter G Bertling added to party Leah James, R.N.(pty:dft), Attorney Peter G Bertling added to party Wellpath LLC(pty:dft), Attorney Peter G Bertling added to party Wellpath Management Inc.(pty:dft))(Bertling, Peter) |
| Filing 40 NOTICE of Appearance filed by attorney Paul B Beach on behalf of Defendants Bill Ayub, Bill Ayub, County of Ventura, Mike Hartmann, Mike Hartmann, Ventura County Sheriffs Office (Attorney Paul B Beach added to party Bill Ayub(pty:dft), Attorney Paul B Beach added to party Bill Ayub(pty:dft), Attorney Paul B Beach added to party County of Ventura(pty:dft), Attorney Paul B Beach added to party Mike Hartmann(pty:dft), Attorney Paul B Beach added to party Mike Hartmann(pty:dft), Attorney Paul B Beach added to party Ventura County Sheriffs Office(pty:dft))(Beach, Paul) |
| Filing 39 NOTICE of Appearance filed by attorney James S Eicher on behalf of Defendants Bill Ayub, Bill Ayub, County of Ventura, Mike Hartmann, Mike Hartmann, Ventura County Sheriffs Office (Attorney James S Eicher added to party Bill Ayub(pty:dft), Attorney James S Eicher added to party Bill Ayub(pty:dft), Attorney James S Eicher added to party County of Ventura(pty:dft), Attorney James S Eicher added to party Mike Hartmann(pty:dft), Attorney James S Eicher added to party Mike Hartmann(pty:dft), Attorney James S Eicher added to party Ventura County Sheriffs Office(pty:dft))(Eicher, James) |
| Filing 38 NOTICE of Interested Parties filed by Defendants Bill Ayub(individually), Bill Ayub(in his official capacity as Sheriff of Ventura County), County of Ventura, Mike Hartmann(in his official capacity), Mike Hartmann(individually), Ventura County Sheriffs Office, (Zambito, Rocco) |
| Filing 37 STIPULATION Extending Time to Answer the complaint as to Bill Ayub(individually) answer now due 9/10/2021; Mike Hartmann(individually) answer now due 9/10/2021; Mike Hartmann(in his official capacity) answer now due 9/10/2021; Bill Ayub(in his official capacity as Sheriff of Ventura County) answer now due 9/10/2021; County of Ventura answer now due 9/10/2021; Ventura County Sheriffs Office answer now due 9/10/2021, filed by Defendants Bill Ayub(individually); Mike Hartmann(individually); Mike Hartmann(in his official capacity); Bill Ayub(in his official capacity as Sheriff of Ventura County); County of Ventura; Ventura County Sheriffs Office.(Attorney Rocco Zambito, Jr added to party Bill Ayub(pty:dft), Attorney Rocco Zambito, Jr added to party Bill Ayub(pty:dft), Attorney Rocco Zambito, Jr added to party County of Ventura(pty:dft), Attorney Rocco Zambito, Jr added to party Mike Hartmann(pty:dft), Attorney Rocco Zambito, Jr added to party Mike Hartmann(pty:dft), Attorney Rocco Zambito, Jr added to party Ventura County Sheriffs Office(pty:dft))(Zambito, Rocco) |
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Filing 36
ORDER by Magistrate Judge Rozella A. Oliver: granting #15 Amended PETITION to Appoint Guardian ad Litem. (dml)
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| Filing 35 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Heather Banas, Office Manager, Corporate Creations Network, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Heather Banas, Office Manager, Corporate Creations Network, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for the Board of Supervisors for the County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. AMENDED (Pachowicz, Mark) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Wellpath LLC served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Heather Banas, Office Manager, Corporate Creations Network, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Wellpath Management Inc. served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Heather Banas, Office Manager, Corporate Creations Network, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Pachowicz, Mark) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Sarah Allbright served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Leah James, R.N.(in her official capacity) served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Darcy Denning, R.N. served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Crista Arnold, R.N. served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Bill Ayub(individually) served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Ventura County Sheriffs Office served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant Mike Hartmann(in his official capacity) served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon Monica Suarez, County Clerk for County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Estate of Scott Hultman, upon Defendant County of Ventura served on 8/6/2021, answer due 8/27/2021. Service of the Summons and Complaint were executed upon County Clerk for the Board of Supervisors for the County of Ventura in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Pachowicz, Mark) |
| Filing 15 Amended PETITION for Appointment of Rebecca Hultman as Guardian ad Litem for R.H. filed by Plaintiff Estate of Scott Hultman. (Attachments: #1 Exhibit to Amended Petition to Appoint Guardian ad Litem, #2 Proposed Order re Amended Petition to Appoint Guardian ad Litem) (Pachowicz, Mark) |
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Filing 14
MINUTES (IN CHAMBERS) ORDER DENYING WITHOUT PREJUDICE PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM #5 by Magistrate Judge Rozella A. Oliver. See Order for complete details. (dml)
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| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #2 as to Defendants Sarah Allbright, Crista Arnold, R.N., Bill Ayub(individually), Bill Ayub(in his official capacity as Sheriff of Ventura County), County of Ventura, Darcy Denning, R.N., Mike Hartmann(in his official capacity), Mike Hartmann(individually), Leah James, R.N.(in her official capacity), Leah James, R.N.(individually), Ventura County Sheriffs Office, Wellpath LLC, Wellpath Management Inc.. (lh) |
| Filing 12 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Rozella A. Oliver. (lh) |
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Filing 9
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 8 NOTICE OF LODGING filed PROPOSED ORDER re PETITION for Appointment of Rebecca Hultman as Guardian ad Litem for R.H. #5 (Pachowicz, Mark) |
| Filing 7 Proposed Order filed by Estate of Estate of Scott Hultman (deceased) re: PETITION for Appointment of Rebecca Hultman as Guardian ad Litem for R.H. #5 (Pachowicz, Mark) |
| Filing 6 DECLARATION of Rebecca Hultman re PETITION for Appointment of Rebecca Hultman as Guardian ad Litem for R.H. #5 filed by Estate of Estate of Scott Hultman (deceased). (Pachowicz, Mark) |
| Filing 5 PETITION for Appointment of Rebecca Hultman as Guardian ad Litem for R.H. filed by Plaintiff Estate of Scott Hultman (deceased). (Pachowicz, Mark) |
| Filing 4 NOTICE AND CERTIFICATE of Interested Parties filed by Plaintiff Estate of Scott Hultman (deceased), identifying Party Plaintiff, Estate of Scott Hultman; R.H., a minor, Party Plaintiff; Rebecca Hultman, Guardian ad Litem for minor R.H.; Paula Hultman, Party Plaintiff; County of Ventura, Party Defendant; Ventura County Sheriff's Office, Party Defendant; Sheriff Bill Ayub, Party Defendant; Sarah Allbright, LMFT, Party Defendant; Crista Arnold, RN, Party Defendant; Commander Mike Hartmann, Party Defendant, Wellpath Management, Inc., Party Defendant; Leah James, RN, Party Defendant; Wellpath, LLC, Party Defendant; Darcy Denning, RN, Party Defendant. (Pachowicz, Mark) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #2 filed by Plaintiff Estate of Scott Hultman (deceased). (Pachowicz, Mark) |
| Filing 2 COMPLAINT with filing fee previously paid ($402 paid on 08/04/2021, receipt number 31746122), filed by Plaintiff Estate of Scott Hultman (deceased). (Attorney Mark R Pachowicz added to party Estate of Scott Hultman (deceased)(pty:est))(Pachowicz, Mark) |
| Filing 1 CIVIL COVER SHEET filed by Estate of Estate of Scott Hultman (deceased). (Pachowicz, Mark) |
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