Richard Donastorg v. City of Ontario et al
Richard Donastorg |
DOES 1-10, Brennan Falconieri, William Mlodzinski, Flesher, City of Ontario, Joshua Hovey, Brad Kaylor, Gary Crosby, Corey Hettinga, Gabriel Gutierrez, W. Russel, Christian Nelsen, Bryce Wilson, Joe Estrada, Edward Flores, Matthew Ross and Joseph Giallo |
Arthur K Cunningham and Richard T. Copeland |
5:2018cv00992 |
May 7, 2018 |
US District Court for the Central District of California |
Jesus G Bernal |
Sheri Pym |
Civil Rights: Other |
28:1983 |
Plaintiff |
Docket Report
This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.
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Filing 61 NOTICE of Association of Counsel associating attorney Dale K. Galipo on behalf of Plaintiff Richard Donastorg. Filed by Plaintiff Richard Donastorg (Attorney Dale K Galipo added to party Richard Donastorg(pty:pla))(Galipo, Dale) |
Filing 60 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) DENYING Defendants Motion for Partial Summary Judgment (Dkt. No. #48 ); and (2) VACATING the March 2, 2020 Hearing. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
Filing 59 Evidentiary Objections in support of re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 #48 EVIDENTIARY OBJECTIONS TO PLAINTIFF'S EVIDENCE OFFERED IN OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Roberts, Daniel) |
Filing 58 REPLY in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 #48 filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Roberts, Daniel) |
Filing 57 STIPULATION to Dismiss Defendants Joshua Hovey, Edward Flores, City of Ontario, Bryce Wilson, Christian Nelsen, Flesher, Joseph Giallo, William Mlodzinski, Matthew Ross, Gabriel Gutierrez, Joe Estrada, Corey Hettinga, Brennan Falconieri filed by Defendants Joshua Hovey, Edward Flores, City of Ontario, Bryce Wilson, Christian Nelsen, Flesher, Joseph Giallo, William Mlodzinski, Matthew Ross, Gabriel Gutierrez, Joe Estrada, Corey Hettinga, Brennan Falconieri.(Roberts, Daniel) |
Filing 56 STATEMENT of OF CONTROVERTED FACTS AND ADDITIONAL UNCONTROVERTED MATERIAL FACTS IN OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 #48 Revised filed by Plaintiff Richard Donastorg. (Terrell, James) |
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Filing 54 STATEMENT of CONTROVERTED FACTS NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 #48 filed by Plaintiff Richard Donastorg. (Terrell, James) |
Filing 53 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 #48 filed by Plaintiff Richard Donastorg. (Attachments: #1 Declaration Declaration of James Terrell, #2 Exhibit Volume of Exhibits, #3 Supplement Notice of Lodging, #4 Proposed Order)(Terrell, James) |
Filing 52 STATEMENT of REVISED Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 #48 filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Roberts, Daniel) |
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Filing 50 MEDIATION REPORT Filed by Defendants Gary Crosby, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson: Mediation held on January 6, 2020. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Roberts, Daniel) |
Filing 49 Proposed Statement of Uncontroverted Facts and Conclusions of Law re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 #48 filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Roberts, Daniel) |
Filing 48 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs Claims 1,2,6,9 and 10 filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. Motion set for hearing on 2/24/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Declaration, #2 Exhibit Separate Volume of Exhibits, #3 Exhibit Notice of Lodging Non-Paper Physical Exhibit, #4 Proposed Order) (Roberts, Daniel) |
Filing 47 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Richard T. Copeland has been assigned to serve as Panel Mediator. (jcu) |
Filing 46 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Richard Copeland may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 1/7/2020 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Defendant City of Ontario(Roberts, Daniel) |
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Filing 43 Joint STIPULATION for Leave to Take Deposition of Deponent Confined in Prison filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Attachments: #1 Proposed Order)(Roberts, Daniel) |
Filing 42 Joint STIPULATION to Continue Discovery Motion, and Trial Dates from January 21, 2020 filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Attachments: #1 Proposed Order)(Roberts, Daniel) |
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Filing 40 STIPULATION for Protective Order filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Attachments: #1 Proposed Order)(Roberts, Daniel) |
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Filing 38 Joint STIPULATION for Extension of Time to File EXTENSION OF EXPERT DISCLOSURES AND EXPERT DEPOSITION CUTOFF filed by Defendants City of Ontario, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, William Mlodzinski, Christian Nelsen, Matthew Ross, Bryce Wilson. (Attachments: #1 Proposed Order)(Roberts, Daniel) |
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Filing 36 Joint STIPULATION to Dismiss Defendant Brad Kaylor filed by Defendants Joshua Hovey, Edward Flores, Brad Kaylor, City of Ontario, Bryce Wilson, Christian Nelsen, Flesher, Gary Crosby, Joseph Giallo, William Mlodzinski, Matthew Ross, W. Russel, Gabriel Gutierrez, Joe Estrada, Corey Hettinga, Brennan Falconieri.(Roberts, Daniel) |
Filing 35 Joint STIPULATION to Continue Trial, Discovery and Motion dates from October 22, 2019 to January 21,2020 filed by Defendants City of Ontario, Gary Crosby, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, Brad Kaylor, William Mlodzinski, Christian Nelsen, Matthew Ross, W. Russel, Bryce Wilson. (Attachments: #1 Proposed Order)(Roberts, Daniel) |
Filing 34 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Arthur K Cunningham has been assigned to serve as Panel Mediator. (mb) |
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Filing 30 STIPULATION to Dismiss Defendants Gary Crosby, W. Russel filed by Defendants Joshua Hovey, Edward Flores, Brad Kaylor, City of Ontario, DOES, Bryce Wilson, Christian Nelsen, Flesher, Gary Crosby, Joseph Giallo, William Mlodzinski, Matthew Ross, W. Russel, Gabriel Gutierrez, Joe Estrada, Corey Hettinga, Brennan Falconieri.(Attorney Daniel S Roberts added to party DOES(pty:dft))(Roberts, Daniel) |
Filing 31 MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. A trial schedule was set. See separate trial scheduling order for more details. Amended Pleadings due by 11/26/2018. All Discovery cut-off (including hearing all discovery motions 6/17/2019. Last Date to Hear Non-discovery Motions 8/26/2019. Last date to conduct settlement conference is 7/15/2019. Final Pretrial Conference set for 11/7/2019 at 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 10/22/2019 at 09:00 AM before Judge Jesus G. Bernal. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Adele C. Frazier. (twdb) |
Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5, filed by Plaintiff Richard Donastorg.. (Brunner, Sharon) |
Filing 28 NOTICE of Change of Attorney Business or Contact Information: for attorney Daniel S Roberts counsel for Defendants City of Ontario, Gary Crosby, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, Brad Kaylor, William Mlodzinski, Christian Nelsen, Matthew Ross, W. Russel, Bryce Wilson. Changing Firm Name to Cole Huber LLP. Changing Email to droberts@colehuber.com. Filed by Defendants Daniel S. Roberts. (Roberts, Daniel) |
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Filing 26 NOTICE of Interested Parties filed by Defendants City of Ontario, Gary Crosby, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, Brad Kaylor, William Mlodzinski, Christian Nelsen, Matthew Ross, W. Russel, Bryce Wilson, identifying Association of California Cities Excess Liability. (Roberts, Daniel) |
Filing 25 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants City of Ontario, Gary Crosby, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, Brad Kaylor, William Mlodzinski, Christian Nelsen, Matthew Ross, W. Russel, Bryce Wilson.(Roberts, Daniel) |
Filing 24 STIPULATION Extending Time to Answer the complaint as to Joshua Hovey answer now due 8/17/2018; Edward Flores answer now due 8/17/2018; Brad Kaylor answer now due 8/17/2018; City of Ontario answer now due 8/17/2018; Bryce Wilson answer now due 8/17/2018; Christian Nelsen answer now due 8/17/2018; Flesher answer now due 8/17/2018; Gary Crosby answer now due 8/17/2018; Joseph Giallo answer now due 8/17/2018; William Mlodzinski answer now due 8/17/2018; Matthew Ross answer now due 8/17/2018; W. Russel answer now due 8/17/2018; Gabriel Gutierrez answer now due 8/17/2018; Joe Estrada answer now due 8/17/2018; Corey Hettinga answer now due 8/17/2018; Brennan Falconieri answer now due 8/17/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Joshua Hovey; Edward Flores; Brad Kaylor; City of Ontario; Bryce Wilson; Christian Nelsen; Flesher; Gary Crosby; Joseph Giallo; William Mlodzinski; Matthew Ross; W. Russel; Gabriel Gutierrez; Joe Estrada; Corey Hettinga; Brennan Falconieri.(Attorney Daniel S Roberts added to party City of Ontario(pty:dft), Attorney Daniel S Roberts added to party Gary Crosby(pty:dft), Attorney Daniel S Roberts added to party Joe Estrada(pty:dft), Attorney Daniel S Roberts added to party Brennan Falconieri(pty:dft), Attorney Daniel S Roberts added to party Flesher(pty:dft), Attorney Daniel S Roberts added to party Edward Flores(pty:dft), Attorney Daniel S Roberts added to party Joseph Giallo(pty:dft), Attorney Daniel S Roberts added to party Gabriel Gutierrez(pty:dft), Attorney Daniel S Roberts added to party Corey Hettinga(pty:dft), Attorney Daniel S Roberts added to party Joshua Hovey(pty:dft), Attorney Daniel S Roberts added to party Brad Kaylor(pty:dft), Attorney Daniel S Roberts added to party William Mlodzinski(pty:dft), Attorney Daniel S Roberts added to party Christian Nelsen(pty:dft), Attorney Daniel S Roberts added to party Matthew Ross(pty:dft), Attorney Daniel S Roberts added to party W. Russel(pty:dft), Attorney Daniel S Roberts added to party Bryce Wilson(pty:dft))(Roberts, Daniel) |
Filing 23 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant City of Ontario served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Terrell, James) |
Filing 22 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Brad Kaylor served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 21 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Gary Crosby served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 20 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Joe Estrada served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 19 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Brennan Falconieri served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 18 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Flesher served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 17 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Edward Flores served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 16 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Gabriel Gutierrez served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 15 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Joseph Giallo served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 14 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Corey Hettinga served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 13 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Joshua Hovey served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 12 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant William Mlodzinski served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 11 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Matthew Ross served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 10 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant W. Russel served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
Filing 9 PROOF OF SERVICE Executed by Plaintiff Richard Donastorg, upon Defendant Bryce Wilson served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Karen Morrison, records coordinator in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Terrell, James) |
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Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants City of Ontario, Gary Crosby, Joe Estrada, Brennan Falconieri, Flesher, Edward Flores, Joseph Giallo, Gabriel Gutierrez, Corey Hettinga, Joshua Hovey, Brad Kaylor, William Mlodzinski, Christian Nelsen, Matthew Ross, W. Russel, Bryce Wilson. (jtil) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Sheri Pym. (jtil) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 filed by plaintiff RICHARD DONASTORG. (Terrell, James) |
Filing 3 NOTICE of Interested Parties filed by plaintiff RICHARD DONASTORG, identifying defendants. (Terrell, James) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff RICHARD DONASTORG. (Terrell, James) |
Filing 1 COMPLAINT Receipt No: 0973-21712992 - Fee: $400, filed by plaintiff RICHARD DONASTORG. (Attorney James Stephen Terrell added to party RICHARD DONASTORG(pty:pla))(Terrell, James) |
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