Wesley Parker Weltch v. R. Bogh et al
| Wesley Parker Weltch |
| Castillo, Morris, R. Bogh and Vest |
| 5:2020cv02545 |
| December 8, 2020 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Michael R Wilner |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 1, 2021. A more recent docket listing may be available from PACER.
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Filing 37
ORDER RE: 1)DISMISSING SUIT WITH PREJUDICE; AND 2)WAIVING ATTORNEYS' FEES AND COSTS #36 by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that pursuant to the Stipulation of the Parties and Federal Rules of Civil Procedure, Rule 41(a)(1)(ii), this case is dismissed in its entirety with prejudice, including all of Plaintiffs claims as to all current and former Defendants, as well as Defendants past, present and future employers, supervisors, directors, attorneys, agents, subordinates, predecessors, and successors in interest and assigns, and all other persons, firms, or corporations with whom any of the former have been, are now, or may hereafter be affiliated. IT IS FURTHER DECREED that each party has waived all claims for attorneys' fees and costs under 42 U.S.C. 1988 and any other provision of law. (Made JS-6. Case Terminated.) (lom)
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| Filing 36 STIPULATION to Dismiss Case pursuant to FRCP, Rule 41(a)(1)(ii) filed by Defendants R. Bogh(San Bernardino Police Officer, individual ), Castillo(San Bernardino Police Officer, individual ), Morris(San Bernardino Police Officer, individual ), Vest(San Bernardino Police Officer, individual ). (Attachments: #1 Proposed Order)(Raza, Aamir) |
| Filing 35 MINUTES OF Settlement Conference held before Magistrate Judge Michael R. Wilner. The Court conducted a settlement conference with the parties today. The parties were able to reach an agreement on settlement. Court Recorder: ZoomGov 8/19/2021. (vm) |
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Filing 34
MINUTES (IN CHAMBERS) ORDER RE: RESCHEDULING SETTLEMENT CONFERENCE by Magistrate Judge Michael R. Wilner. The hearing has been rescheduled to August 19, at 9:00 a.m. (See Minute Order for further details) granting #33 REQUEST to Continue. (vm)
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| Filing 33 REQUEST to reschedule Settlement Conference filed by plaintiff Wesley Parker Weltch. Re: Minutes of In Chambers Order/Directive - no proceeding held #32 (vm) |
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Filing 32
MINUTE (IN CHAMBERS) ORDER RE: SETTLEMENT CONFERENCE by Magistrate Judge Michael R. Wilner. The Court sets the matter for a discussion on August 12 at 9 a.m. Instead, each side is given permission to send a letter directly to chambers. Both letters must be received by July 30. (See Minute Order for further details) (vm)
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| Filing 31 NOTICE Re: Case Management Report filed by plaintiff Wesley Parker Weltch. (vm) |
| Filing 30 NOTICE OF CONSENT TO INFORMAL SETTLEMENT CONFERENCE filed by Defendants R. Bogh(San Bernardino Police Officer, official capacity), Castillo(San Bernardino Police Officer, official capacity), Morris(San Bernardino Police Officer, individual ), Vest(San Bernardino Police Officer, individual ). (Raza, Aamir) |
| Filing 29 NOTICE RE: SETTLEMENT (CONSENT) filed by plaintiff Wesley Parker Weltch. (vm) |
| Filing 28 CASE MANAGEMENT REPORT filed by Plaintiff Wesley Parker Weltch. (vm) |
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Filing 27
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Michael R. Wilner. ORDERING Stipulation to stay action until criminal action is resolved submitted by Plaintiff Wesley Parker Weltch received on June 17, 2021 is not to be filed but instead rejected. Denial based on: Duplicate filing. Document submitted on 6/14/2021. Court order issued staying case. (vm)
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Filing 26
ORDER STAYING CASE by Magistrate Judge Michael R. Wilner. NOTE COURTS COMMENT AT END OF ORDER. IT IS HEREBY ORDERED as follows: 1. Due to Plaintiffs pending criminal charges arising out of the same incident as this matter, this case is stayed in its entirety; 2. The parties shall submit a joint status report no later than September 27, 2021, which informs the Court of the status of Plaintiffs criminal proceedings and addresses the possibility of lifting the stay. Based on the stay of this proceeding, the June 11, 2021 deadline foreach party to submit a Case Management Report is hereby vacated, to be reset upon lifting of the stay; and 4. Based on the stay of this proceeding, the August 13, 2021 discovery cutoff, the August 13, 2021 deadline for filing and serving discovery motions and the September 17, 2021 deadline for all other motions (including dispositive motions) are hereby vacated, to be reset upon lifting of the stay. (See Order for further details) (vm)
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| Filing 25 STIPULATION to Stay Case pending Criminal Action against Plaintiff is Resolved filed by Defendants R. Bogh(San Bernardino Police Officer, individual ), Castillo(San Bernardino Police Officer, individual ), Morris(San Bernardino Police Officer, individual ), Vest(San Bernardino Police Officer, individual ). (Attachments: #1 Proposed Order)(Raza, Aamir) |
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Filing 24
MINUTE (IN CHAMBERS) ORDER RE: CASE STATUS by Magistrate Judge Michael R. Wilner. By or before July 2, 2021, the Court requests that the parties all state whether they have interest in an informal settlement conference by filling out and returning the form. (See Minute Order for further details) (vm)
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| Filing 23 DEFENDANTS' CASE MANAGEMENT REPORT filed by Defendants R. Bogh, Castillo, Morris, Vest re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #16 (Raza, Aamir) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Paul B Beach counsel for Defendants R. Bogh, R. Bogh, Castillo, Castillo, Morris, Morris, Vest, Vest. Adding Paul B. Beach as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Paul B. Beach. (Attorney Paul B Beach added to party R. Bogh(pty:dft), Attorney Paul B Beach added to party R. Bogh(pty:dft), Attorney Paul B Beach added to party Castillo(pty:dft), Attorney Paul B Beach added to party Castillo(pty:dft), Attorney Paul B Beach added to party Morris(pty:dft), Attorney Paul B Beach added to party Morris(pty:dft), Attorney Paul B Beach added to party Vest(pty:dft), Attorney Paul B Beach added to party Vest(pty:dft))(Beach, Paul) |
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Filing 21
MINUTES (IN CHAMBERS) ORDER RE: APPOINTMENT OF COUNSEL by Magistrate Judge Michael R. Wilner. (See Minute Order for further details) denying #20 MOTION for Appointment of Counsel (vm)
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| Filing 20 MOTION for Appointment of Counsel filed by plaintiff Wesley Parker Weltch. (vm) |
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Filing 19
MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR SUBPOENAS by Magistrate Judge Michael R. Wilner. The request is denied without prejudice. (See Minute Order for further details) denying #18 REQUEST to Supplement (vm)
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| Filing 18 REQUEST for Subpoenas to Produce Documents filed by plaintiff Wesley Parker Weltch. (vm) |
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Filing 17
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Michael R. Wilner. ORDERING Objection and Request to Modify Subpoena submitted by Plaintiff Wesley Parker Weltch received on March 29, 2021 is not to be filed but instead rejected. Denial based on: Document should be sent to Defendant. Improper discovery motion. (vm)
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Filing 16
MINUTE (IN CHAMBERS) ORDER REGARDING SCHEDULING IN CIVIL RIGHTS CASE by Magistrate Judge Michael R. Wilner. The Court sets the following schedule for the remainder of the case: The deadline for amending the pleadings or adding parties is Friday, May 7, 2021. Each party must file and serve a Case Management Report on or before Friday, June 11, 2021. Discovery motions must be filed and served by or before Friday, August 13, 2021. All other motions (including motions for summary judgment) must be filed and served by or before Friday, September 17, 2021. (See Minute Order for further details) (vm)
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| Filing 15 NOTICE of Interested Parties filed by Defendants R. Bogh(San Bernardino Police Officer, individual ), Castillo(San Bernardino Police Officer, individual ), Morris(San Bernardino Police Officer, individual ), Vest(San Bernardino Police Officer, individual ), (Raza, Aamir) |
| Filing 14 ANSWER to Complaint (Prisoner Civil Rights) #1 with JURY DEMAND filed by Defendants R. Bogh(San Bernardino Police Officer, individual ), Castillo(San Bernardino Police Officer, individual ), Morris(San Bernardino Police Officer, individual ), Vest(San Bernardino Police Officer, individual ).(Attorney Aamir Raza added to party R. Bogh(pty:dft), Attorney Aamir Raza added to party Castillo(pty:dft), Attorney Aamir Raza added to party Morris(pty:dft), Attorney Aamir Raza added to party Vest(pty:dft))(Raza, Aamir) |
| Filing 13 PROCESS RECEIPT AND RETURN (USM-285) of Summons and Complaint upon R. Bogh (San Bernardino Police Officer, individual capacity) served on 2/9/2021, Answer due 3/2/2021. (Prisoner Civil Rights) #1 (vm) |
| Filing 12 PROCESS RECEIPT AND RETURN (USM-285) of Summons and Complaint upon Vest (San Bernardino Police Officer, individual capacity) served on 2/9/2021, Answer due 3/2/2021. (Prisoner Civil Rights) #1 (vm) |
| Filing 11 PROCESS RECEIPT AND RETURN (USM-285) of Summons and Complaint upon Castillo (San Bernardino Police Officer, individual capacity) served on 2/9/2021, Answer due 3/2/2021. (Prisoner Civil Rights) #1 (vm) |
| Filing 10 PROCESS RECEIPT AND RETURN (USM-285) of Summons and Complaint upon Morris (San Bernardino Police Officer, individual ) served on 2/9/2021, Answer due 3/2/2021. (Prisoner Civil Rights) #1 (vm) |
| Filing 9 21 DAY Summons Issued as to Defendant R. Bogh (San Bernardino Police Officer, individual capacity), Castillo (San Bernardino Police Officer, individual capacity), Morris (San Bernardino Police Officer, individual capacity ), Vest (San Bernardino Police Officer, individual capacity ). re Complaint (Prisoner Civil Rights) #1 (vm) |
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Filing 8
ORDER TO UNITED STATES MARSHALS SERVICE RE: SERVICE OF PROCESS by Magistrate Judge Michael R. Wilner. IT IS HEREBY ORDERED that the United States Marshals Service is authorized to proceed with service of process without prepayment of cost upon the following defendant(s) only: 1. San Bernardino Police Officer Morris (Badge # 51065), in his/her individual capacity; 2. San Bernardino Police Officer R. Bogh (# unknown), in his/her individual capacity; 3. San Bernardino Police Officer Vest (# 50904), in his/her individual capacity; 4. San Bernardino Police Officer Castillo (# unknown), in his/her individual capacity. (See Order for further details) (vm)
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Filing 7
MINUTES (IN CHAMBERS) ORDER RE: SCREENING OF COMPLAINT AND IFP by Magistrate Judge Michael R. Wilner. IT IS HEREBY ORDERED that: 1. The Complaint will be filed. Plaintiff is authorized to serve the Complaint on the following defendants in his / her individual capacity only: SBPD Officers Morris (Badge # 51065); R. Bogh (# unknown); Vest (# 50904); and Castillo (# unknown). Under Federal Rule of Civil Procedure 4(m), service of the summons and complaint must be accomplished on each named defendant within 90 days after the filing of the complaint. The 90-day period will expire on March 31, 2021. (See Minute Order for further details) finding as moot #2 Notice of Filing Complaint Without Prepayment of Filing Fees or REQUEST to Proceed In Forma Pauperis (CV-93). (vm)
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Filing 6
ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Magistrate Judge Michael R. Wilner. Granting #5 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). (vm)
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| Filing 5 REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by plaintiff Wesley Parker Weltch. (vm) |
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Filing 4
MINUTE (IN CHAMBERS) ORDER RE: IFP APPLICATION by Magistrate Judge Michael R. Wilner. In the interests of justice, Plaintiff will be given an additional 30 days to remedy his failure. (See Minute Order for further details) (vm)
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and referred to Magistrate Judge Michael R. Wilner. (car) |
| Filing 2 NOTICE OF FILING OF COMPLAINT WITHOUT PREPAYMENT OF FILING FEES OR REQUEST TO PROCEED IN FORMA PAUPERIS (CV-93) (car) |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants pursuant to 42 U.S.C. 1983. Case assigned to Judge Fernando M. Olguin and referred to Magistrate Judge Michael R. Wilner, filed by Plaintiff Wesley Parker Weltch. (car) |
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