Pepe s Inc. v. City of San Bernardino et al
| Pepe's Inc. dba Pepe's Towing, PePe s, Inc. and PePe s, Inc. a California corporation doing business as Pepe s Towing |
| Bessine L. Richard, Mark Scott, James L. Mulvihill, Andrea Miller, Fred Shorett, R. Carey Davis, City of San Bernardino, -, Paul Williams, Benito J. Barrio, Jarrod Burguan, John Valdivia, Gary D. Saenz, Virginia Marquez, Jolena Grider, Does 1-10, City of San Bernardino and Andrea Travis Miller |
| Attorney Gregg W. Kettles |
| 5:2018cv02277 |
| October 24, 2018 |
| US District Court for the Central District of California |
| Sheri Pym |
| Stephen V Wilson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 180 STIPULATED JUDGMENT by Judge Stephen V. Wilson. IT IS ORDERED, ADJUDGED AND DECREED that: Judgment is entered in favor of Pepes, Inc. and against the City of San Bernardino in the sum of Six Hundred Thousand Dollars ($600,000), with the Cityof San Bernardino paying such sum by making payments to Pepes, Inc. on or before the following dates, in the following amounts: Two Hundred Thousand dollars ($200,000) on or before 7/1/2021; Two Hundred Thousand dollars ($200,000) on or before 7/1/2022; and Two Hundred Thousand dollars ($200,000) on or before 7/5/2023. (See document for details). (MD JS-6, Case Terminated). (et) |
Filing 179
ORDER GRANTING STIPULATION FOR DISMISSAL OF INDIVIDUAL DEFENDANTS WITH PREJUDICE by Judge Stephen V. Wilson, re Stipulation to Dismiss Party, #176 . IT IS HEREBY ORDERED, pursuant to FRCP41(a)(1)(A)(ii), that all claims against the Individual Defendants shall be dismissed with prejudice, and that the parties shall bear their own respective attorneys' fees and costs. R. Carey Davis (an individual), Jolena Grider (an individual), Virginia Marquez (an individual), Andrea Miller (an individual), James L. Mulvihill (an individual), Bessine L. Richard (an individual), Gary D. Saenz (an individual), Mark Scott (an individual), Fred Shorett (an individual), John Valdivia (an individual), Paul Williams (an individual), Benito J. Barrio (an individual) and Jarrod Burguan (an individual) terminated. (mrgo)
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Filing 178
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #59 filed by Gregg W. Kettles. CCA # 19-56501. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed with prejudice. Fed. R. App. P. 42(b). Costs and fees shall be allocated pursuant to the parties' stipulation. A copy of this order sent to the district court shall act as and for the mandate of this court. (mrgo)
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| Filing 177 Joint STIPULATION for Judgment as to Pepes, Inc. and against the City of San Bernardino filed by Plaintiff PePe s, Inc.. (Attachments: #1 [Proposed] Stipulated Judgment)(Larson, Stephen) |
| Filing 176 Joint STIPULATION to Dismiss Defendants Benito J. Barrio, Jarrod Burguan, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams filed by Plaintiff PePe s, Inc.. (Attachments: #1 Proposed Order)(Larson, Stephen) |
| Filing 175 NOTICE of Settlement filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 174 OPPOSITION filed by Plaintiff PePe s, Inc. re: REQUEST for Order for Request for Clarification #173 (Larson, Stephen) |
| Filing 173 REQUEST for Order for Request for Clarification filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Proposed Order) (Egger, Richard) |
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Filing 172
MINUTE ORDER (IN CHAMBERS) DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT #80 by Judge Stephen V. Wilson re: #80 MOTION for Partial Summary Judgment. (See document for details) (mrgo)
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| Filing 171 MINUTES OF TELEPHONE PRETRIAL CONFERENCE; #80 MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] filed by Defendants; #134 MOTION IN LIMINE (#6) to Exclude Testimony and Evidence Regarding the Alleged Investigation of Fred Shorett in 2011 filed by Defendants; #135 MOTION IN LIMINE (#7) to Exclude Evidence Regarding the Basis of the City's 65,000 Sq. Ft. Outdoor Storage Space Requirement filed by Defendants; #136 MOTION IN LIMINE (#8) to Exclude Testimony and Evidence Regarding the Condition of Tow Yards Operated by the Tow Contractors filed by Defendants; #137 MOTION IN LIMINE (#9) to Exclude the Testimony of Don Smith filed by Defendants; #138 MOTION IN LIMINE (#10) to Exclude Testimony of the Councilmembers Regarding Pepe's Appeal Pursuant to the Mental Process Privilege filed by Defendants; #139 MOTION IN LIMINE (#1) to Exclude Defendants; Expert Disclosure and Testimony filed by Plaintiff held before Judge Stephen V. Wilson. The motion for summary judgment #80 is submitted. Order to issue. The trial dates are rescheduled as follows: Jury Trial set for December 1, 2020 at 9:00 a.m.Pretrial Conference set for November 16, 2020 at 3:00 p.m.Hearing on the motions in limine is reset to November 16, 2020 at 3:00 p.m. Court Reporter: Katie Thibodeaux. (mrgo) |
| Filing 170 REPLY in Support of MOTION IN LIMINE (#10) to Exclude Testimony of the Councilmembers Regarding Pepe's Appeal Pursuant to the Mental Process Privilege #138 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 169 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Jury Verdict (Proposed) #162 . The following error(s) was/were found: Title page is missing. Other error(s) with document(s): Missing attorney's information on title page. 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. (lom) |
| Filing 168 REPLY in Support of MOTION IN LIMINE (#6) to Exclude Testimony and Evidence Regarding the Alleged Investigation of Fred Shorett in 2011 #134 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 167 REPLY in Support of MOTION IN LIMINE (#5) to Exclude Evidence of Political Donations to John Valdivia and Fred Shorett #133 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 166 REPLY in Support of MOTION IN LIMINE (#9) to Exclude the Testimony of Don Smith #137 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 165 REPLY in Support of MOTION IN LIMINE (#1) to Exclude Defendants' Expert Disclosure and Testimony #139 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 164 REPLY in Support of MOTION IN LIMINE (#8) to Exclude Testimony and Evidence Regarding the Condition of Tow Yards Operated by the Tow Contractors #136 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 163 REPLY in Support of MOTION IN LIMINE (#7) to Exclude Evidence Regarding the Basis of the City's 65,000 Sq. Ft. Outdoor Storage Space Requirement #135 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Declaration of Richard T. Egger, #2 Exhibit 1 to Egger Declaration, #3 Exhibit 2 to Egger Declaration, #4 Exhibit 3 to Egger Declaration)(Egger, Richard) |
| Filing 162 PROPOSED JURY VERDICT filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 161 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Jury Instructions (Proposed) #157 , Jury Verdict (Proposed) #158 , Jury Instructions (Proposed) #159 . The following error(s) was/were found: Title page is missing. Other error(s) with document(s): Missing attorney's information on title page. 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. (lom) |
| Filing 160 PROPOSED JURY INSTRUCTIONS (DISPUTED set) filed by Plaintiff PePe s, Inc... (Larson, Stephen) |
| Filing 159 PROPOSED JURY INSTRUCTIONS filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams.. (Egger, Richard) |
| Filing 158 PROPOSED GENERAL JURY VERDICT filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 157 PROPOSED JURY INSTRUCTIONS filed by Plaintiff PePe s, Inc... (Larson, Stephen) |
| Filing 156 MEMORANDUM in Opposition to MOTION IN LIMINE (#10) to Exclude Testimony of the Councilmembers Regarding Pepe's Appeal Pursuant to the Mental Process Privilege #138 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 155 MEMORANDUM in Opposition to MOTION IN LIMINE (#6) to Exclude Testimony and Evidence Regarding the Alleged Investigation of Fred Shorett in 2011 #134 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 154 MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude Evidence of Political Donations to John Valdivia and Fred Shorett #133 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of RC Harlan iso Opp to MIL #5)(Larson, Stephen) |
| Filing 153 MEMORANDUM in Opposition to MOTION IN LIMINE (#9) to Exclude the Testimony of Don Smith #137 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of RC Harlan iso Opp to MIL #9)(Larson, Stephen) |
| Filing 152 MEMORANDUM in Opposition to MOTION IN LIMINE (#8) to Exclude Testimony and Evidence Regarding the Condition of Tow Yards Operated by the Tow Contractors #136 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 151 MEMORANDUM in Opposition to MOTION IN LIMINE (#7) to Exclude Evidence Regarding the Basis of the City's 65,000 Sq. Ft. Outdoor Storage Space Requirement #135 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 150 Opposition to re: MOTION IN LIMINE (#1) to Exclude Defendants' Expert Disclosure and Testimony #139 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Declaration of Richard T. Egger, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Egger, Richard) |
| Filing 149 SCHEDULING NOTICE by Judge Stephen V. Wilson: The pretrial conference set for 07/27/2020 at 1:30 p.m., shall proceed as telephone conference. All appearing attorneys shall email the court's clerk at paul_cruz@cacd.uscourts.gov for the call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 148 STIPULATION to Continue Trial and related Pretrial Dates from August 4, 2020 to August 25, 2020 Re: Text Only Scheduling Notice, 146 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Declaration of Richard Egger, #2 Proposed Order)(Egger, Richard) |
| Filing 147 Notice of Withdrawal of Motion in Limine to Exclude, #72 , Motion in Limine to Exclude,, #70 , Motion in Limine to Limit, #73 , Motion in Limine to Exclude,, #71 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Egger, Richard) |
| Filing 146 SCHEDULING NOTICE by Judge Stephen V. Wilson: The pretrial conference and all accompanying motions in limine are continued to Monday, July 27, 2020 at 1:30 p.m. The jury trial is continued to Tuesday, August 4, 2020 at 9:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 145 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 144 Witness List filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams.. (Egger, Richard) |
| Filing 143 REQUEST FOR JUDICIAL NOTICE re MOTION IN LIMINE (#10) to Exclude Testimony of the Councilmembers Regarding Pepe's Appeal Pursuant to the Mental Process Privilege #138 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Exhibit NN, #2 Exhibit OO)(Egger, Richard) |
| Filing 142 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 141 Witness List filed by Plaintiff PePe s, Inc... (Larson, Stephen) |
| Filing 140 JOINT Exhibit List filed by Plaintiff PePe s, Inc... (Larson, Stephen) |
| Filing 139 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Defendants' Expert Disclosure and Testimony filed by Plaintiff PePe s, Inc.. Motion set for hearing on 7/13/2020 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of RC Harlan iso MIL #1, #2 Exhibit A to Harlan Decl., #3 Exhibit B to Harlan Decl., #4 Exhibit C to Harlan Decl., #5 Exhibit D to Harlan Decl.)(Larson, Stephen) |
| Filing 138 NOTICE OF MOTION AND MOTION IN LIMINE (#10) to Exclude Testimony of the Councilmembers Regarding Pepe's Appeal Pursuant to the Mental Process Privilege filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. Motion set for hearing on 7/13/2020 at 03:00 PM before Judge Stephen V. Wilson.(Egger, Richard) |
| Filing 137 NOTICE OF MOTION AND MOTION IN LIMINE (#9) to Exclude the Testimony of Don Smith filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. Motion set for hearing on 7/13/2020 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Avi W. Rutschman, #2 Exhibit MM to Declaration of Avi W. Rutschman)(Egger, Richard) |
| Filing 136 NOTICE OF MOTION AND MOTION IN LIMINE (#8) to Exclude Testimony and Evidence Regarding the Condition of Tow Yards Operated by the Tow Contractors filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. Motion set for hearing on 7/13/2020 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Avi W. Rutschman, #2 Exhibit PP to Declaration of Avi W. Rutschman, #3 Exhibit 5 to Declaration of Avi W. Rutschman)(Egger, Richard) |
| Filing 135 NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude Evidence Regarding the Basis of the City's 65,000 Sq. Ft. Outdoor Storage Space Requirement filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. Motion set for hearing on 7/13/2020 at 03:00 PM before Judge Stephen V. Wilson.(Egger, Richard) |
| Filing 134 NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude Testimony and Evidence Regarding the Alleged Investigation of Fred Shorett in 2011 filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. Motion set for hearing on 7/13/2020 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Avi W. Rutschman, #2 Exhibit 40 to Declaration of Avi W. Rutschman)(Egger, Richard) |
| Filing 133 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Evidence of Political Donations to John Valdivia and Fred Shorett filed by Defendants Jarrod Burguan, City of San Bernardino, Jolena Grider, Andrea Miller, Mark Scott, Paul Williams. Motion set for hearing on 7/13/2020 at 03:00 PM before Judge Stephen V. Wilson.(Egger, Richard) |
| Filing 132 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of R.C. Harlan in Support of Supplemental Opposition t Defendant's Motion for Partial Summary Judgement, #2 Exhibit A to Dec. of R.C. Harlan, #3 Exhibit B to Dec. of R.C. Harlan, #4 Exhibit C to Dec. of R.C. Harlan, #5 Exhibit D to Dec. of R.C. Harlan, #6 Exhibit E to Dec. of R.C. Harlan, #7 Exhibit F to Dec. of R.C. Harlan)(Larson, Stephen) |
| Filing 131 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 Supplemental Brief filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Declaration of Avi W. Rutschman, #2 Exhibit EE to Declaration of Avi W. Rutschman, #3 Exhibit FF to Declaration of Avi W. Rutschman, #4 Exhibit GG to Declaration of Avi W. Rutschman)(Egger, Richard) |
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Filing 130
ORDER CONTINUING DEADLINE FOR SUPPLEMENTAL BRIEFING, PRETRIAL PAPERS, AND MOTIONS IN LIMINE by Judge Stephen V. Wilson. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The deadline to file supplemental briefs is continued from June 19, 2020 to June 30, 2020; and 2. The deadline to file pretrial filings required by Local Rule 16 and motions in limine is continued from June 22, 2020 to July 3, 2020. (lom)
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Filing 129
ORDER CONTINUING DEADLINE FOR SUPPLEMENTAL BRIEFING, PRETRIAL PAPERS, AND MOTIONS IN LIMINE #125 by Judge Stephen V. Wilson. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The deadline to file supplemental briefs is continued from June 19, 2020 to June 23, 2020; and 2. The deadline to file pretrial filings required by Local Rule 16 and motions in limine is continued from June 22, 2020 to June 29, 2020. (lom) Modified on 6/19/2020 (lom).
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| Filing 128 DECLARATION of Avi W. Rutschman re Stipulation to Continue, #127 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Egger, Richard) |
| Filing 127 Joint STIPULATION to Continue Deadline for Supplemental Briefing, Pretrial Papers and Motions in Limine from June 19, 2020 to June 30, 2020 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Proposed Order)(Rutschman, Avi) |
| Filing 126 TRANSCRIPT ORDER as to Plaintiff PePe s, Inc. for Court Reporter. Court will contact RC Harlan at rcharlan@larsonllp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Harlan, Richard) |
| Filing 125 Joint STIPULATION to Continue Deadline for Supplemental Briefing, Pretrial Papers and Motions in Limine from June 19, 2020 to June 23, 2020 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Proposed Order)(Rutschman, Avi) |
| Filing 124 TRANSCRIPT ORDER as to Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams for Court Reporter. Court will contact Richard Egger at richard.egger@bbklaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Egger, Richard) |
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Filing 123
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The hearing set for 06/15/2020 at 1:30 p.m. is vacated and off-calendar. Within seven days of this Order, the parties are instructed to file supplemental briefing, no longer than 15 pages, which further addresses the questions the Court raised at the prior hearing and the recent deposition of Mr. Acosta. Within the page limits, the parties are permitted to present new authorities and arguments regarding First Amendment retaliation. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 122 STIPULATION to Continue Due Date for Motions in Limine from June 12, 2020 to June 23, 2020 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Proposed Order)(Rutschman, Avi) |
| Filing 121 MINUTES OF TELEPHONE HEARING re: #80 MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] filed by Defendants held before Judge Stephen V. Wilson. The Court sets a further hearing for June 15, 2020 at 1:30 p.m. Court Reporter: Katie Thibodeaux. (lom) |
| Filing 120 SCHEDULING NOTICE re: MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 - Hearing on the motion is rescheduled 6/1/2020 at 03:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 119 SCHEDULING NOTICE re: MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 - The hearing previously scheduled for 06/01/2020 at 1:30 p.m. has been rescheduled to 6/1/2020 at 02:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 118
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: Requests to Appear by Phone #116 , #117 - The requests are granted. The attorneys appearing phone shall email their numbers to the court's clerk at paul_cruz@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 117 REQUEST for Leave of STEPHEN G. LARSON and R.C. HARLAN to Appear Telephonically at Hearing on Motion for Partial Summary Judgment filed by Plaintiff PePe s, Inc.. Request set for hearing on 6/1/2020 at 01:30 PM before Judge Stephen V. Wilson. (Larson, Stephen) |
| Filing 116 REQUEST for Leave of RICHARD T. EGGER and AVI W. RUTSCHMAN to Appear for Telephonic Hearing on Motion for Partial Summary Judgment filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. Request set for hearing on 6/1/2020 at 01:30 PM before Judge Stephen V. Wilson. (Egger, Richard) |
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Filing 115
ORDER CONTINUING TRIAL by Judge Stephen V. Wilson re: #113 MOTION to Continue. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The jury trial be continued from June 23, 2020 to July 21, 2020, at 9:00 a.m., with the pretrial conference set for July 13, 2020 at 3:00 p.m. and that all accompanying dates, be moved in accordance therewith. (mrgo)
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| Filing 114 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Trial from June 23, 2020 to August 25, 2020 #112 , NOTICE OF MOTION AND MOTION to Continue Trial from June 23, 2020 to August 25, 2020 #113 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of RC Harlan iso Opposition)(Larson, Stephen) |
| Filing 113 NOTICE OF MOTION AND MOTION to Continue Trial from June 23, 2020 to August 25, 2020 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Declaration of Richard T. Egger, #2 Proposed Order) (Egger, Richard) |
| Filing 112 EX PARTE APPLICATION to Continue Trial from June 23, 2020 to August 25, 2020 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Egger, Richard) |
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Filing 111
SCHEDULING NOTICE-IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: Jury trial is continued to June 23, 2020 at 9:00 a.m. The pretrial conference and hearing on the motions in limine (Dkts. 70- 73) are rescheduled to June 15, 2020 at 3:00 p.m. Having further considered the parties briefings, the Court believes it would benefit from oral argument. In light of the General Order 20-05, the Court reschedules hearing on Defendants Motion for Partial Summary Judgment #80 at the earliest available date, June 1, 2020 at 1:30 p.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 110
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: #80 MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] filed by Defendants - The motion is submitted. Order to issue. The hearing previously scheduled for 03/30/2020 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 109 SCHEDULING NOTICE re: MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 - The motion hearing previously scheduled for 03/24/2020 at 1:30 p.m. has been rescheduled to 3/30/2020 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 108 RESPONSE filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams to Evidentiary Objections to Evidence Submitted in Support of Defendants' Motion for Partial Summary Judgment (Egger, Richard) |
| Filing 107 OBJECTIONS (EVIDENTIARY) to Evidence Submitted by Plaintiff in Opposition to Motion for Partial Summary Judgment filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 106 REPLY filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams in Response to Plaintiff's Opposition to Defendants' Request for Judicial Notice in Support of Motion for Partial Summary Judgment (Egger, Richard) |
| Filing 105 REQUEST FOR JUDICIAL NOTICE (Supplemental) in Support of Defendants' Motion for Partial Summary Judgment filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 104 RESPONSE filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams to Plaintiff's Statement of Additional Material Facts (Egger, Richard) |
| Filing 103 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Declaration of Paul Williams (Supplemental), #2 Declaration of Damian Northcutt)(Egger, Richard) |
| Filing 102 DECLARATION of R.C. Harlan in Support of Plaintiff's Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Exhibit A-C, #2 Exhibit D-I, #3 Exhibit J-K, #4 Exhibit L-DD, #5 Exhibit EE (Part 1), #6 Exhibit EE (Part 2), #7 Exhibit FF-GG, #8 Exhibit HH-NN, #9 Notice of Lodging Non-Paper Physical Exhibit)(Larson, Stephen) |
| Filing 101 DECLARATION of Manual Acosta in Support of Plaintiff's opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Exhibit A - N, #2 Exhibit O (Part 1), #3 Exhibit O (Part 2) - P (Part 1), #4 Exhibit P(Part 2), #5 Exhibit P (Part 3), #6 Exhibit P(Part 4), #7 Exhibit Q - W (Part 1), #8 Exhibit W(Part 2) - X (Part 1), #9 Exhibit X(Part 2) - BB)(Larson, Stephen) |
| Filing 100 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Plaintiff's Statement of Genuine Disputes iso Opposition, #2 Plaintiff's Evidentiary Objections iso Opposition to Defs' Motion for Partial Summary Judgment, #3 Declaration of Don Smith iso Opposition to Motion for Partial Summary Judgment)(Larson, Stephen) |
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Filing 99
STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
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Filing 98
SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: REQUEST for Relief from in Opposition to Defendants' Motion for Partial Summary Judgment re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Plaintiff PePe s, Inc. #87 - Plaintiffs motion for relief under Rule 56(d) is granted in part. Plaintiffs Opposition to Defendants Motion for Summary Judgment shall be due on March 10, 2020; Defendants Reply in support of Motion for Summary Judgment shall be due on March 17, 2020. The Motion for Summary Judgment #80 shall be heard of March 24, 2020 at 1:30 p.m. The jury trial is continued until April 28, 2020 at 9:00 a.m., with pretrial conference on April 20, 2020 at 3:00 p.m. All motions in limine set for hearing on March 16, 2020 are continued to April 20, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 97 REPLY filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams to Miscellaneous Document,,,,,,,,,,,, #89 in Response to Plaintiff's Opposition to Defendants' Request for Judicial Notice (Egger, Richard) |
| Filing 96 RESPONSE filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williamsto Miscellaneous Document,,,,,,,,,,,, #89 to Evidentiary Objections to Evidence Submitted in Support of Defendants' Motion for Partial Summary Judgment (Egger, Richard) |
| Filing 95 OBJECTIONS to Miscellaneous Document,,,,,,,,,,,, #89 Evidentiary Objections to Evidence Submitted by Plaintiff in Opposition to Motion for Partial Summary Judgment filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 94 RESPONSE filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams to Plaintiff's Statement of Genuine Disputes (Egger, Richard) |
| Filing 93 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 92 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 [SUPPLEMENTAL] filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Exhibit AA)(Egger, Richard) |
| Filing 91 DECLARATION of Paul Williams in support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 [SUPPLEMENTAL DECLARATION] filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 90 OPPOSITION opposition to re: REQUEST for Relief from in Opposition to Defendants' Motion for Partial Summary Judgment re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Compl #87 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Declaration of Damian Northcutt, #2 Declaration of Avi Rutschman, #3 Exhibit BB to Decl. of Rutschman, #4 Exhibit CC to Decl. of Rutschman, #5 Exhibit DD to Decl. of Rutschman, #6 Exhibit EE to Decl. of Rutschman, #7 Exhibit FF to Decl. of Rutschman)(Egger, Richard) |
| Filing 89 OPPOSITION filed by Plaintiff PePe s, Inc. re: MEMORANDUM in Opposition to Motion, #88 (Attachments: #1 Declaration of R.C. Harlan in Support of Plaintiff's Opposition to Motion for Partial Summary Judgment, #2 Exhibit A to Dec. of R.C. Harlan, #3 Exhibit B to Dec. of R.C. Harlan, #4 Exhibit C to Dec. of R.C. Harlan, #5 Exhibit D to Dec. of R.C. Harlan, #6 Exhibit E to Dec. of R.C. Harlan, #7 Exhibit F to Dec. of R.C. Harlan, #8 Exhibit G to Dec. of R.C. Harlan, #9 Exhibit H to Dec. of R.C. Harlan, #10 Exhibit I to Dec. of R.C. Harlan, #11 Exhibit J to Dec. of R.C. Harlan, #12 Exhibit K to Dec. of R.C. Harlan, #13 Exhibit L to Dec. of R.C. Harlan, #14 Exhibit M to Dec. of R.C. Harlan, #15 Exhibit N to Dec. of R.C. Harlan, #16 Exhibit O to Dec. of R.C. Harlan, #17 Exhibit P to Dec. of R.C. Harlan, #18 Exhibit Q to Dec. of R.C. Harlan, #19 Exhibit R to Dec. of R.C. Harlan, #20 Exhibit S to Dec. of R.C. Harlan, #21 Exhibit T to Dec. of R.C. Harlan, #22 Exhibit U to Dec. of R.C. Harlan, #23 Exhibit V to Dec. of R.C. Harlan, #24 Exhibit W to Dec. of R.C. Harlan, #25 Exhibit X to Dec. of R.C. Harlan, #26 Exhibit Y to Dec. of R.C. Harlan, #27 Exhibit Z to Dec. of R.C. Harlan, #28 Exhibit AA to Dec. of R.C. Harlan, #29 Exhibit BB to Dec. of R.C. Harlan, #30 Exhibit CC to Dec. of R.C. Harlan, #31 Exhibit DD to Dec. of R.C. Harlan, #32 Exhibit EE to Dec. of R.C. Harlan, #33 Exhibit FF to Dec. of R.C. Harlan, #34 Exhibit GG to Dec. of R.C. Harlan, #35 Exhibit HH to Dec. of R.C. Harlan, #36 Exhibit II to Dec. of R.C. Harlan, #37 Exhibit JJ to Dec. of R.C. Harlan, #38 Declaration of Manuel Acosta in Support of Plaintiff's Opposition to Motion for Partial Summary Judgment, #39 Exhibit A to Dec. of Manuel Acosta, #40 Exhibit C to Dec. of Manuel Acosta, #41 Exhibit C-1 to Dec. of Manuel Acosta, #42 Exhibit D to Dec. of Manuel Acosta, #43 Exhibit E to Dec. of Manuel Acosta, #44 Exhibit F to Dec. of Manuel Acosta, #45 Exhibit G to Dec. of Manuel Acosta, #46 Exhibit H to Dec. of Manuel Acosta, #47 Exhibit I to Dec. of Manuel Acosta, #48 Exhibit J to Dec. of Manuel Acosta, #49 Exhibit K to Dec. of Manuel Acosta, #50 Exhibit L to Dec. of Manuel Acosta, #51 Exhibit M to Dec. of Manuel Acosta, #52 Exhibit N to Dec. of Manuel Acosta, #53 Exhibit O to Dec. of Manuel Acosta, #54 Exhibit P to Dec. of Manuel Acosta, #55 Exhibit Q to Dec. of Manuel Acosta, #56 Exhibit R to Dec. of Manuel Acosta, #57 Exhibit S to Dec. of Manuel Acosta, #58 Exhibit T to Dec. of Manuel Acosta, #59 Exhibit U to Dec. of Manuel Acosta, #60 Exhibit V to Dec. of Manuel Acosta, #61 Exhibit W to Dec. of Manuel Acosta, #62 Notice of Lodging of Non-Paper Physical Exhibit, #63 Plaintiff's Opposition to Defendants' Request for Judicial Notice in Support of Motion for Partial Summary Judgment, #64 Plaintiff's Evidentiary Objections to Evidence Submitted in Support of Opposition to Defendants' Motion for Partial Summary Judgment)(Larson, Stephen) |
| Filing 88 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 87 REQUEST for Relief from in Opposition to Defendants' Motion for Partial Summary Judgment re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Plaintiff PePe s, Inc.. Request set for hearing on 3/2/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of R.C. Harlan in Support of Request for Relief Under Rule 56(D), #2 Proposed Order Granting Plaintiff's Request for Relief Under Rule 56(D)) (Larson, Stephen) |
| Filing 86 STIPULATION for Protective Order filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams.(Egger, Richard) |
| Filing 85 DECLARATION of Jarrod Burguan in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Exhibit X, #2 Exhibit Y, #3 Exhibit Z)(Egger, Richard) |
| Filing 84 DECLARATION of Paul Williams in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Exhibit Q, #2 Exhibit R, #3 Exhibit S, #4 Exhibit T, #5 Exhibit U, #6 Exhibit V, #7 Exhibit W)(Egger, Richard) |
| Filing 83 DECLARATION of Teri Ledoux in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit P)(Egger, Richard) |
| Filing 82 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Egger, Richard) |
| Filing 81 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] #80 filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Egger, Richard) |
| Filing 80 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on Plaintiff's Fifth, Sixth, and Seventh Causes of Action [Third Amended Complaint] filed by Defendants Jarrod Burguan, City of San Bernardino, Andrea Miller, Mark Scott, Paul Williams. Motion set for hearing on 3/2/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Egger, Richard) |
| Filing 79 TRANSCRIPT ORDER as to Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams for Court Reporter. Court will contact Avi W. Rutschman at Avi.Rutschman@bbklaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Egger, Richard) |
| Filing 78 SCHEDULING NOTICE - Jury Trial previously scheduled for 03/23/2020 at 9:00 a.m. has been rescheduled to 3/24/2020 at 9:00 AM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 77
MINUTE ORDER (IN CHAMBERS) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STAY #56 by Judge Stephen V. Wilson. The motion to STAY is GRANTED in part and DENIED in part. Defendants' motion is GRANTED in regard to Plaintiff's Equal Protection claim but DENIED as to the First Amendment retaliation claim. The jury trial remains scheduled for March 23, 2020 at 9:00 a.m., with a pre-trial conference on March 16, 2020 at 3:00 p.m. (See document for details) (mrgo)
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| Filing 76 MINUTES OF #56 MOTION to Stay Case pending Determination of Appeal by California Court filed by Defendants Hearing held before udge Stephen V. Wilson. The motion is submitted. Order to issue. Court Reporter: Katherine Stride. (mrgo) |
| Filing 75 SCHEDULING NOTICE re: MOTION IN LIMINE (#3) to Exclude Newspaper Articles #72 , MOTION IN LIMINE (#4) to Limit the Testimony of James Penman #73 , MOTION IN LIMINE (#2) to Exclude Photographs of Tow Yards #71 , MOTION IN LIMINE (#1) to Exclude Evidence and Testimony Regarding Pepe's Lost Profits #70 - Hearing on the motions previously scheduled for 01/13/2020 at 1:30 p.m. has been rescheduled to 3/16/2020 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 74
ORDER GRANTING STIPULATION TO CONTINUE TRIAL by Judge Stephen V. Wilson, re Stipulation to Continue, #58 . (Jury Trial continued to 3/23/2020 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference continued to 3/16/2020 at 03:00 PM before Judge Stephen V. Wilson.) (mrgo)
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| Filing 73 WITHDRAWN, see docket entry no. 147 - N NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Limit the Testimony of James Penman filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. Motion set for hearing on 1/13/2020 at 03:00 PM before Judge Stephen V. Wilson.(Rutschman, Avi) Modified on 7/14/2020 (lom). |
| Filing 72 WITHDRAWN, see docket entry no. 147 - N NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Newspaper Articles filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. Motion set for hearing on 1/13/2020 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Richard T. Egger)(Rutschman, Avi) Modified on 7/14/2020 (lom). |
| Filing 71 WITHDRAWN, see docket entry no. 147 - NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Photographs of Tow Yards filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. Motion set for hearing on 1/13/2020 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Richard T. Egger)(Rutschman, Avi) Modified on 7/14/2020 (lom). |
| Filing 70 WITHDRAWN, see docket entry no. 147 - NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Evidence and Testimony Regarding Pepe's Lost Profits filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. Motion set for hearing on 1/13/2020 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Richard T. Egger)(Rutschman, Avi) Modified on 7/14/2020 (lom). |
| Filing 69 JOINT Exhibit List filed by Plaintiff PePe s, Inc... (Larson, Stephen) |
| Filing 68 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 67 DESIGNATION of Record on Appeal by Appellants Gregg W. Kettles (Kettles, Gregg) |
| Filing 66 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Determination of Appeal by California Court #56 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Rutschman, Avi) |
| Filing 65 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56501 assigned to Notice of Appeal to 9th Circuit Court of Appeals #59 as to Movant Gregg W. Kettles. (shb) |
| Filing 64 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 63 Witness List filed by Plaintiff PePe s, Inc... (Larson, Stephen) |
| Filing 62 OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending Determination of Appeal by California Court #56 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 61 Witness List filed by DEFENDANTS Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams.. (Egger, Richard) |
| Filing 60 MEMORANDUM of CONTENTIONS of FACT and LAW filed by DEFENDANTS Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Egger, Richard) |
| Filing 59 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Appellant Gregg W. Kettles. Appeal of Order on Motion for Judgment on the Pleadings, #55 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-24957813.) (Kettles, Gregg) |
| Filing 58 STIPULATION to Continue Trial from January 21, 2020 to March 23, 2020 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of Jonathan E. Phillips in Support of Stipulation to Continue Trial, #2 Declaration of Richard T. Egger Filed in Support of Stipulation to Continue Trial, #3 Proposed Order Granting Stipulation to Continue Trial)(Larson, Stephen) |
| Filing 57 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Determination of Appeal by California Court #56 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Egger, Richard) |
| Filing 56 NOTICE OF MOTION AND MOTION to Stay Case pending Determination of Appeal by California Court filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. Motion set for hearing on 1/13/2020 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Egger, Richard) |
| Filing 55 MINUTES (IN CHAMBERS) by Judge Stephen V. Wilson: ORDER DENYING DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS #39 . The motion for judgment on the pleadings is GRANTED in part and DENIED in part. The jury trial remains scheduled for 1/21/2020 at 9:00 a.m., with a pre-trial conference on 1/13/2020 at 3:00 p.m. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 54 SCHEDULING NOTICE: The Pretrial Conference previously scheduled for 01/15/2020 at 3:00 PM has been rescheduled to 01/13/2020 at 3:00 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 53
ORDER GRANTING STIPULATION TO CONTINUE TO TRIAL by Judge Stephen V. Wilson. Accordingly, the Court hereby schedules a jury trial on January 21, 2020 at 9:00 a.m., with apre-trial conference on January 15, 2020 at 3:00 p.m. Otherwise, this Court's prior orders concerning trial remain effective. IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS) (yl)
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| Filing 52 STIPULATION to Continue Trial from November 19, 2019 to January 21, 2020 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of Jonathan E. Phillips in Support of Stipulation to Continue Trial, #2 Declaration of Richard T. Egger in Support of Stipulation to Continue Trial, #3 Proposed Order Granting Stipulation to ContinueTrial)(Howard, Dana) |
| Filing 51 REPLY filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams to Response, #49 , Notice (Other), #47 Notice of Continuing Bankruptcy Stay and Injunction Applicable to these Proceedings (Attachments: #1 Exhibit A)(Egger, Richard) |
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Filing 50
TEXT ONLY ORDER (IN CHAMBERS) by Judge Stephen V. Wilson: Defendant is ordered to reply to Plaintiff's Response #49 within 10 days of this Order. The reply should explain why the Defendant believes the stay and injunction do or do not apply to the Plaintiff's claims.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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| Filing 49 RESPONSE filed by Plaintiff PePe s, Inc.to Text Only Scheduling Notice,, 48 , Notice (Other), #47 Notice of Continuing Bankruptcy Stay and Injunction Applicable to these Proceedings (Attachments: #1 Declaration of Jonathan E. Phillips, #2 Exhibit A to Declaration of Jonathan E. Phillips)(Phillips, Jonathan) |
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Filing 48
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The hearing on the MOTION for Judgment on the Pleadings filed by Defendants #39 set for September 9, 2019 is vacated and off-calendar. The Plaintiff is ordered to respond to Defendant's Notice of Continuing Bankruptcy Stay and Injunction by September 12, 2019. The Plaintiff should provide reasons why the Court should not stay the proceedings in light of the Notice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 47 NOTICE Continuing Bankruptcy Stay and Injunction Applicable to These Proceedings filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Rutschman, Avi) |
| Filing 46 REPLY in support NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #39 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Rutschman, Avi) |
| Filing 45 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #39 filed by Plaintiff PePe s, Inc.. (Larson, Stephen) |
| Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),,, #43 . The following error(s) was/were found: Incomplete docket text; missing name of event. 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 43 (Attorney Avi Rutschman added to party Benito J. Barrio(pty:dft), Attorney Avi Rutschman added to party Jarrod Burguan(pty:dft), Attorney Avi Rutschman added to party City of San Bernardino(pty:dft), Attorney Avi Rutschman added to party R. Carey Davis(pty:dft), Attorney Avi Rutschman added to party Jolena Grider(pty:dft), Attorney Avi Rutschman added to party Virginia Marquez(pty:dft), Attorney Avi Rutschman added to party Andrea Miller(pty:dft), Attorney Avi Rutschman added to party James L. Mulvihill(pty:dft), Attorney Avi Rutschman added to party Bessine L. Richard(pty:dft), Attorney Avi Rutschman added to party Gary D. Saenz(pty:dft), Attorney Avi Rutschman added to party Mark Scott(pty:dft), Attorney Avi Rutschman added to party Fred Shorett(pty:dft), Attorney Avi Rutschman added to party John Valdivia(pty:dft), Attorney Avi Rutschman added to party Paul Williams(pty:dft))(Rutschman, Avi) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Dana Marie Howard counsel for Plaintiff PePe s, Inc.. Adding Dana M. Howard as counsel of record for Plaintiff Pepe's, Inc. dba Pepe's Towing for the reason indicated in the G-123 Notice. Filed by Plaintiff Pepe's, Inc. dba Pepe's Towing. (Attorney Dana Marie Howard added to party PePe s, Inc.(pty:pla))(Howard, Dana) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan E Phillips counsel for Plaintiff PePe s, Inc.. Adding Jonathan E. Phillips as counsel of record for Plaintiff Pepe's, Inc. dba Pepe's Towing for the reason indicated in the G-123 Notice. Filed by Plaintiff Pepe's, Inc. dba Pepe's Towing. (Attorney Jonathan E Phillips added to party PePe s, Inc.(pty:pla))(Phillips, Jonathan) |
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Filing 40
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Stephen V. Wilson. Substituting attorney Stephen Gerard Larson for PePe's, Inc. in place and stead of attorney Carmen A Trutanich; Lisa I Carteen and William Henry Dance. (mrgo)
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| Filing 39 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. Motion set for hearing on 9/9/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order) (Rutschman, Avi) |
| Filing 38 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice (Other) #36 by Judge Stephen V. Wilson. The document is accepted as filed. (et) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #36 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Requests > Substitute Attorney. 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. (mrgo) |
| Filing 36 NOTICE Request for Approval of Substitution or Withdrawal of Counsel filed by Plaintiff PePe s, Inc.. (Attachments: #1 Proposed Order [Proposed] Order on Request for Approval of Substitution of Attorney)(Trutanich, Carmen) |
| Filing 35 SCHEDULING NOTICE: The Pretrial Conference previously scheduled for 11/13/2019 at 3:00 PM has been rescheduled to 11/18/2019 at 3:00 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 34
ORDER by Judge Stephen V. Wilson, Continuing Trial and Pretrial Dates Based on Plaintiff's Counsel's Cardiac Procedure. #32 The Court hereby schedules a jury trial on 11/19/19 at 9:00 a.m., with a pre-trial conference on 11/13/19 at 3:00 p.m. The Parties may file dispositive motions at their discretion at any time prior to the pre-trial conference. (es)
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| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Carmen A Trutanich counsel for Plaintiff PePe s, Inc.. Adding Lisa I. Carteen as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Pepe's Inc., a California Corporation dba Pepe's Towing. (Trutanich, Carmen) |
| Filing 32 Joint STIPULATION to Continue Trial and Pretrial Dates from 8/20/19 to 11/19/19 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of Richard T. Egger, #2 Declaration of Carmen Trutanich, #3 Exhibit A to Carmen Trutanich's Declaration, #4 Exhibit B to Carmen Trutanich's Declaration, #5 Proposed Order)(Trutanich, Carmen) |
| Filing 31 ANSWER to Amended Complaint/Petition, #24 with JURY DEMAND filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams.(Egger, Richard) |
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Filing 30
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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Filing 29
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS THIRD AMENDED COMPLAINT #25 by Judge Stephen V. Wilson re: #25 MOTION to Dismiss. The Court schedules a jury trial on August 20, 2019 at 9 a.m., with a pre-trial conference on August 12, 2019 at 3 p.m. The parties may file dispositive motions at their discretion at any time prior to the pre-trial conference. (See document for details) (mrgo)
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Filing 28
SCHEDULING NOTICE/IN CHAMBERS ORDER-TEXT ONLY ENTRY re: #25 MOTION to Dismiss THIRD AMENDED COMPLAINT filed by DEFENDANTS by Judge Stephen V. Wilson - The motion is submitted. Order to issue. The hearing set for 4/29/2019 is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 27 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COMPLAINT #25 filed by Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (Attachments: #1 Declaration of Damian Northcutt in Support)(Egger, Richard) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COMPLAINT #25 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Declaration of William Dance, #2 Exhibit 1 to Declaration of William Dance)(Dance, William) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COMPLAINT filed by DEFENDANTS Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. Motion set for hearing on 4/29/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Damian A. Northcutt, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Egger, Richard) |
| Filing 24 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening),,, #1 , filed by Plaintiff PePe s, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Dance, William) |
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Filing 23
ORDER CONTINUING DEADLINE FOR RESPONSIVE PLEADING OR SETTING DEADLINES FOR THIRD AMENDED COMPLAINT by Judge Stephen V. Wilson, re Stipulation to Continue #22 . IT IS HEREBY ORDERED that Plaintiff, Pep's, Inc., shall inform Defendants no later than March 11, 2019 whether it will seek to amend its Second Amended Complaint to address Defendants' allegations that it fails to state legally cognizable claims, and if Plaintiff wishes to further amend, pursuant to Federal Rule of Civil Procedure 15(a)(2), the Third Amended Complaint shall be filed and served no later than March 14, 2019, and if Plaintiff wishes to stand on the legal soundness it perceives in its Second Amended Complaint, pursuant to Federal Rule of Civil Procedure 15(a)(3), Defendants shall file a responsive pleading no later than March 14, 2019. (mrgo)
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| Filing 22 Joint STIPULATION to Continue Deadline for Responsive Pleading from 2/21/19 to 3/14/19 Re: Amended Complaint/Petition,, #21 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Proposed Order)(Dance, William) |
| Filing 21 SECOND AMENDED COMPLAINT against Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Does, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams amending Complaint (Attorney Civil Case Opening),,, #1 , filed by Plaintiff PePe s, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Dance, William) |
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Filing 20
ORDER TO PERMIT PLAINTIFF TO FILE AND SERVE SECOND AMENDED COMPALINT by Judge Stephen V. Wilson, re Stipulation to Amend/Correct #17 : IT IS HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 15(a)(2), that Plaintiff, Pepe's, Inc., is granted leave to amend, to file and serve its Second Amended Complaint no later than February 7, 2019, and, pursuant to Federal Rule of Civil Procedure 15(a)(3), Defendants shall file and serve a responsive pleading no later than February 21, 2019. (bm)
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| Filing 19 NOTICE OF LODGING filed [PROPOSED] ORDER GRANTING re Stipulation to Amend/Correct #17 (Attachments: #1 Proposed Order)(Dance, William) |
| Filing 18 Joint STIPULATION for Discovery as to Initial Disclosures and 26(f) Report filed by Plaintiff PePe s, Inc..(Dance, William) |
| Filing 17 Joint STIPULATION to AMEND Amended Complaint/Petition, #16 filed by Plaintiff PePe s, Inc..(Dance, William) |
| Filing 16 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening),,, #1 , filed by Plaintiff PePe s, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Dance, William) |
| Filing 15 Joint STIPULATION to AMEND Complaint (Attorney Civil Case Opening),,, #1 filed by Plaintiff PePe s, Inc.. (Attachments: #1 Proposed Order)(Dance, William) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff PePe s, Inc., upon Defendant Mark Scott served on 10/31/2018, answer due 12/14/2018. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Dance, William) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff PePe s, Inc., upon Defendant Benito J. Barrio served on 11/1/2018, answer due 12/14/2018; Jarrod Burguan served on 11/1/2018, answer due 12/14/2018; City of San Bernardino served on 11/1/2018, answer due 12/14/2018; R. Carey Davis served on 11/1/2018, answer due 12/14/2018; Jolena Grider served on 11/1/2018, answer due 12/14/2018; Virginia Marquez served on 11/1/2018, answer due 12/14/2018; Andrea Miller served on 11/1/2018, answer due 12/14/2018; James L. Mulvihill served on 11/1/2018, answer due 12/14/2018; Bessine L. Richard served on 11/1/2018, answer due 12/14/2018; Gary D. Saenz served on 11/1/2018, answer due 12/14/2018; Fred Shorett served on 11/1/2018, answer due 12/14/2018; John Valdivia served on 11/1/2018, answer due 12/14/2018; Paul Williams served on 11/1/2018, answer due 12/14/2018. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Dance, William) |
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Filing 12
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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Filing 11
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Dean D. Pregerson to Judge Stephen V. Wilson for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:18-cv-02277 SVW(SPx). (rn)
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| Filing 10 Joint STIPULATION Extending Time to Answer the complaint as to Paul Williams answer now due 12/14/2018; Bessine L. Richard answer now due 12/14/2018; City of San Bernardino answer now due 12/14/2018; Jolena Grider answer now due 12/14/2018; Fred Shorett answer now due 12/14/2018; Virginia Marquez answer now due 12/14/2018; R. Carey Davis answer now due 12/14/2018; Gary D. Saenz answer now due 12/14/2018; Andrea Miller answer now due 12/14/2018; Mark Scott answer now due 12/14/2018; James L. Mulvihill answer now due 12/14/2018; Benito J. Barrio answer now due 12/14/2018; Jarrod Burguan answer now due 12/14/2018; John Valdivia answer now due 12/14/2018, re Complaint (Attorney Civil Case Opening),,, #1 filed by Defendants Paul Williams; Bessine L. Richard; City of San Bernardino; Jolena Grider; Fred Shorett; Virginia Marquez; R. Carey Davis; Gary D. Saenz; Andrea Miller; Mark Scott; James L. Mulvihill; Benito J. Barrio; Jarrod Burguan; John Valdivia.(Attorney Richard T Egger added to party Benito J. Barrio(pty:dft), Attorney Richard T Egger added to party Jarrod Burguan(pty:dft), Attorney Richard T Egger added to party City of San Bernardino(pty:dft), Attorney Richard T Egger added to party R. Carey Davis(pty:dft), Attorney Richard T Egger added to party Jolena Grider(pty:dft), Attorney Richard T Egger added to party Virginia Marquez(pty:dft), Attorney Richard T Egger added to party Andrea Miller(pty:dft), Attorney Richard T Egger added to party James L. Mulvihill(pty:dft), Attorney Richard T Egger added to party Bessine L. Richard(pty:dft), Attorney Richard T Egger added to party Gary D. Saenz(pty:dft), Attorney Richard T Egger added to party Mark Scott(pty:dft), Attorney Richard T Egger added to party Fred Shorett(pty:dft), Attorney Richard T Egger added to party John Valdivia(pty:dft), Attorney Richard T Egger added to party Paul Williams(pty:dft))(Egger, Richard) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Benito J. Barrio, Jarrod Burguan, City of San Bernardino, R. Carey Davis, Jolena Grider, Virginia Marquez, Andrea Miller, James L. Mulvihill, Bessine L. Richard, Gary D. Saenz, Mark Scott, Fred Shorett, John Valdivia, Paul Williams. (shb) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by Plaintiff PePe s, Inc.. (Dance, William) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #6 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (shb) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by Plaintiff PePe s, Inc.. (Dance, William) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Sheri Pym. (esa) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Plaintiff Pepe's Inc. dba Pepe's Towing (Dance, William) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Pepe's Inc. dba Pepe's Towing. (Dance, William) |
| Filing 1 COMPLAINT Receipt No: 0973-22636971 - Fee: $400, filed by Plaintiff Pepe's Inc. dba Pepe's Towing. (Attachments: #1 Exhibit 1 to Complaint for Civil rights Violations and Conspiracy to Deny Civil Rights, #2 Exhibit 2 to Complaint for Civil rights Violations and Conspiracy to Deny Civil Rights, #3 Exhibit 3 to Complaint for Civil rights Violations and Conspiracy to Deny Civil Rights, #4 Exhibit 4 to Complaint for Civil rights Violations and Conspiracy to Deny Civil Rights, #5 Exhibit 5 to Complaint for Civil rights Violations and Conspiracy to Deny Civil Rights, #6 Exhibit 6 to Complaint for Civil rights Violations and Conspiracy to Deny Civil Rights) (Attorney William Henry Dance added to party Pepe's Inc. dba Pepe's Towing (pty:pla))(Dance, William) |
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