Marlo Rayo v. City of Fontana et al
| RANDALL RAYO, MARLO RAYO and JERRY RAYO |
| MATTHEW SHERWOOD, Guillermo Bermudez, Luis Ortiz, HANNAH MCCOY, City of Fontana and Does 1-10, inclusive |
| 5:2019cv01264 |
| July 9, 2019 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Shashi H Kewalramani |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.
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Filing 45
ORDER by Judge Jesus G. Bernal: Granting #43 MOTION to Continue Scheduling Conference. Scheduling Conference reset for 6/22/2020 at 11:00 AM before Judge Jesus G. Bernal. (twdb)
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| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Shannon Lin Gustafson counsel for Defendants Guillermo Bermudez, City of Fontana, Hannah McCoy, Luis Ortiz, Matthew Sherwood. Adding Shannon L. Gustafson as counsel of record for City of Fontana, Guillermo Bermudez, Hannah McCoy, Luis Ortiz, Matthew Sherwood for the reason indicated in the G-123 Notice. Filed by Defendants City of Fontana, Guillermo Bermudez, Hannah McCoy, Luis Ortiz, Matthew Sherwood. (Attorney Shannon Lin Gustafson added to party Guillermo Bermudez(pty:dft), Attorney Shannon Lin Gustafson added to party City of Fontana(pty:dft), Attorney Shannon Lin Gustafson added to party Hannah McCoy(pty:dft), Attorney Shannon Lin Gustafson added to party Luis Ortiz(pty:dft), Attorney Shannon Lin Gustafson added to party Matthew Sherwood(pty:dft))(Gustafson, Shannon) |
| Filing 43 NOTICE OF MOTION AND MOTION to Continue Scheduling Conference from 05/04/2020 to 06/08/2020 Re: Initial Order Setting R26 Scheduling Conference - form only #42 filed by plaintiff Jerry Rayo. Motion set for hearing on 5/4/2020 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order Granting Plaintiff's Motion) (Song, Joohan) |
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Filing 42
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 5/4/2020 at 11:00 AM before Judge Jesus G. Bernal. (iva)
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| Filing 41 ANSWER to Amended Complaint/Petition, #40 JURY DEMAND. Defendants' Answer to Plaintiffs' Second Amended Complaint; Demand for Jury Trial filed by Defendants Guillermo Bermudez, City of Fontana, Hannah McCoy, Luis Ortiz, Matthew Sherwood.(Culp, Melissa) |
| Filing 40 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #34 , Complaint (Attorney Civil Case Opening), #1 , filed by PLAINTIFF Jerry Rayo (Attachments: #1 Exhibit EXHIBIT A TO THE SECOND AMENDED COMPLAINT, #2 Exhibit EXHIBIT B TO THE SECOND AMENDED COMPLAINT, #3 Exhibit EXHIBIT C TO THE SECOND AMENDED COMPLAINT)(Song, Joohan) |
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Filing 39
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Allow Plaintiffs to File a Second Amended Complaint #38 . Plaintiffs shall file their Second Amended Complaint on or before 1/28/2020. Defendants will have (21) days to respond to Plaintiffs' Second Amended Complaint. (twdb)
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| Filing 38 STIPULATION for Order to Allow Plaintiffs' to File a Second Amended Complaint filed by Defendants Guillermo Bermudez, City of Fontana, Hannah McCoy, Luis Ortiz, Matthew Sherwood. (Attachments: #1 Proposed Order)(Culp, Melissa) |
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Filing 37
ORDER by Judge Jesus G. Bernal, Granting Stipulation for Extension of Time to File Response/Reply #36 . Defendants' responsive pleading to Plaintiffs' First Amended Complaint shall be filed by 1/7/2020. (twdb)
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| Filing 36 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, #34 , STIPULATION Extending Time to Answer the complaint as to Matthew Sherwood answer now due 1/7/2020; Hannah McCoy answer now due 1/7/2020; Luis Ortiz answer now due 1/7/2020; City of Fontana answer now due 1/7/2020; Guillermo Bermudez answer now due 1/7/2020, re Amended Complaint/Petition, #34 filed by Defendants Matthew Sherwood; Hannah McCoy; Luis Ortiz; City of Fontana; Guillermo Bermudez. (Attachments: #1 Proposed Order)(Culp, Melissa) |
| Filing 35 SCHEDULING NOTICE by Judge Jesus G. Bernal. On December 10, 2019, Plaintiff filed a First Amended Complaint (Doc. No. 34). Accordingly, Defendants Motion to Dismiss (Doc. No. 27) is hereby denied as moot. The hearing on this motion scheduled for January 6, 2020 is hereby vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 34 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by plaintiff Jerry Rayo (Attachments: #1 Exhibit EXHIBIT A TO THE FIRST AMENDED COMPLAINT, #2 Exhibit EXHIBIT B TO THE FIRST AMENDED COMPLAINT, #3 Exhibit EXHIBIT C TO THE FIRST AMENDED COMPLAINT)(Song, Joohan) |
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Filing 33
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Allow Plaintiffs to File a First Amended Complaint #32 . The first amended complaint shall be filed by 12/13/19. (twdb)
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| Filing 32 First STIPULATION to Amend Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Marlo Rayo. (Attachments: #1 Proposed Order Proposed Order to File FAC, #2 Exhibit Proposed FAC, #3 Exhibit Proposed Ex A to FAC, #4 Exhibit Proposed Ex B to FAC, #5 Exhibit Proposed Ex C to FAC)(Lee, John) |
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Filing 31
MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: Order (1) ORDERING Plaintiff to Respond to Motion to Dismiss; and (2) CONTINUING the Motion (Dkt No. 27) from December 9, 2019 to January 6, 2020, at 9:00 a.m. and ORDERS Plaintiffs to file an opposition or notice of non-opposition no later than 12/16/19. Defendants shall file a reply, if any, no later than 12/23/19 #27 . Failure by Plaintiffs to comply with this Order will result in granting of the motion and dismissal of one or more causes of action without leave to amend. Motion hearing continued to 1/6/2020 at 09:00 AM before Judge Jesus G. Bernal. (twdb)
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Filing 30
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Continue Hearing Date and to Extend Time to Respond to Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) and Motion for a More Definite Statement Pursuant to FRCP 12(e) #29 . Motion hearing continued to 12/9/2019 at 09:00 AM before Judge Jesus G. Bernal. (twdb)
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| Filing 29 First STIPULATION to Continue 12b6 & 12e Hearing from 10/21/19 to 12/9/19 filed by Plaintiff Marlo Rayo. (Attachments: #1 Proposed Order)(Lee, John) |
| Filing 28 CERTIFICATE of Interested Parties filed by Defendant Guillermo Bermudez, City of Fontana, Hannah McCoy, Luis Ortiz, Matthew Sherwood, (Culp, Melissa) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case Defendants Notice of Motion and Motion to Dismiss Portions of Plaintiffs Complaint Pursuant to FRCP 12(b)(6), and for a more Definite Statement Pursuant to FRCP 12(e); Memorandum of Points and Authorities: Declaration of Melissa D. Culp in Support Thereof; Exhibits filed by Defendants Guillermo Bermudez, City of Fontana, Hannah McCoy, Luis Ortiz, Matthew Sherwood. Motion set for hearing on 10/21/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Culp, Melissa) |
| Filing 26 STIPULATION Extending Time to Answer the complaint as to Matthew Sherwood answer now due 9/11/2019; Hannah McCoy answer now due 9/11/2019; Luis Ortiz answer now due 9/11/2019; City of Fontana answer now due 9/11/2019; Guillermo Bermudez answer now due 9/11/2019, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Matthew Sherwood; Hannah McCoy; Luis Ortiz; City of Fontana; Guillermo Bermudez.(Attorney Melissa D Culp added to party Guillermo Bermudez(pty:dft), Attorney Melissa D Culp added to party City of Fontana(pty:dft), Attorney Melissa D Culp added to party Hannah McCoy(pty:dft), Attorney Melissa D Culp added to party Luis Ortiz(pty:dft), Attorney Melissa D Culp added to party Matthew Sherwood(pty:dft))(Culp, Melissa) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Jerry Rayo, Randall Rayo, Marlo Rayo, upon Defendant Matthew Sherwood served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon Adrianna Manning, Police Clerk in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Lee, John) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Jerry Rayo, Randall Rayo, Marlo Rayo, upon Defendant Luis Ortiz served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon Adrianna Manning, Police Clerk in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Lee, John) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Jerry Rayo, Randall Rayo, Marlo Rayo, upon Defendant City of Fontana served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon Susan Gallardo, Administrative Clerk in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Lee, John) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Jerry Rayo, Randall Rayo, Marlo Rayo, upon Defendant Hannah McCoy served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon Adrianna Manning, Police Clerk in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Lee, John) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Jerry Rayo, Randall Rayo, Marlo Rayo, upon Defendant Guillermo Bermudez served on 7/22/2019, answer due 8/12/2019. Service of the Summons and Complaint were executed upon Adrianna Manning, Police Clerk in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Lee, John) |
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Filing 20
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Luis Ortiz. (twdb) |
| Filing 18 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Matthew Sherwood. (twdb) |
| Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Guillermo Bermudez. (twdb) |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant City of Fontana. (twdb) |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Hannah McCoy. (twdb) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Jerry Rayo, Marlo Rayo, Randall Rayo. (Lee, John) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Jerry Rayo, Marlo Rayo, Randall Rayo. (Lee, John) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Jerry Rayo, Marlo Rayo, Randall Rayo. (Lee, John) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Jerry Rayo, Marlo Rayo, Randall Rayo. (Lee, John) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Jerry Rayo, Marlo Rayo, Randall Rayo. (Lee, John) |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #2 . The following error(s) was found: 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. (et) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Shashi H. Kewalramani. (et) |
| Filing 6 CERTIFICATE of Interested Parties filed by Plaintiff JERRY RAYO, (Lee, John) |
| Filing 5 CERTIFICATE of Interested Parties filed by Plaintiff RANDALL RAYO, (Lee, John) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff MARLO RAYO, (Lee, John) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs JERRY RAYO, MARLO RAYO, RANDALL RAYO. (Lee, John) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiffs JERRY RAYO, MARLO RAYO, RANDALL RAYO. (Lee, John) |
| Filing 1 COMPLAINT Receipt No: 0973-24056070 - Fee: $400, filed by plaintiffs JERRY RAYO, RANDALL RAYO, MARLO RAYO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney John Y Lee added to party JERRY RAYO(pty:pla), Attorney John Y Lee added to party MARLO RAYO(pty:pla), Attorney John Y Lee added to party RANDALL RAYO(pty:pla))(Lee, John) |
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