Roger Wayne Parker v. County of Riverside et al
| Roger Wayne Parker |
| County of Riverside, Paul E. Zellerback, Sean Lafferty, Tricia Fransdal, Jeff Van Wagenen, Paul E. Zellerbach and Jeffrey Van Wagenen |
| 5:2021cv01280 |
| July 29, 2021 |
| U.S. District Court for the Central District of California |
| Jesus G Bernal |
| Kenly Kiya Kato |
| Sheri Pym |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 74
MINUTES (IN CHAMBERS) Order (1) GRANTING-IN-PART and DENYING-IN-PART Defendants' Motion to Dismiss (Dkt. No. 70); and (2) VACATING the 11/27/2023 Hearing by Judge Jesus G. Bernal: The Court ORDERS as follows: (1) Defendants' Motion #70 is GRANTED-IN-PART and DENIED-IN-PART. (2) Counts One (malicious prosecution under Section 1983) and Three (Monell claim for malicious prosecution) are DISMISSED WITHOUT LEAVE TO AMEND. (3) Count Five (declaratory relief) is DISMISSED WITH LEAVE TO AMEND. (4) Plaintiffs may file an amended complaint no later than 12/1/2023. (5) The Court VACATES the 11/27/2023 hearing. Court Reporter: Not Reported. (gk)
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| Filing 73 SCHEDULING NOTICE by Judge Jesus G. Bernal. The HEARING on the MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) #70 is CONTINUED from 11/20/2023 to 11/27/2023 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 72 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) #70 filed by Defendants County of Riverside, Tricia Fransdal, Sean Lafferty, Jeffrey Van Wagenen, Paul E. Zellerbach. (Attachments: #1 Proposed Order Amended Proposed Order)(McLaughlin, Abigail) |
| Filing 71 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) #70 filed by Plaintiff Roger Wayne Parker. (Trimble, Kimberly) |
| Filing 70 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Sean Lafferty(in his official capacity), Jeffrey Van Wagenen, Paul E. Zellerbach. Motion set for hearing on 11/20/2023 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Appendix Request for Judicial Notice, #2 Exhibit Exhibit A to Request for Judicial Notice, #3 Proposed Order Proposed Order) (McLaughlin, Abigail) |
| Filing 69 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Roger Wayne Parker (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Trimble, Kimberly) |
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Filing 68
MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: REOPENING Case and GRANTING Leave to Amend. Plaintiff shall file his amended complaint no later than September 29, 2023. SEE DOCUMENT FOR FURTHER INFORMATION. (Case reopened. MD JS-5.) (twdb)
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| Filing 67 BRIEF filed by defendants County of Riverside, Tricia Fransdal(in her official capacity), Sean Lafferty(in his official capacity), Jeffrey Van Wagenen, Paul E. Zellerbach. Brief re Defendants' Response to Ninth Circuit's Dicta Regarding a Potential Tatum-Lee Due Process Claim regarding USCA Memorandum/Opinion/Order, #63 . (McLaughlin, Abigail) |
| Filing 66 MEMORANDUM in Opposition to Defendant's Amended Proposed Order for Judgment on the Pleadings (Post-Appeal) filed by Plaintiff Roger Wayne Parker. (Trimble, Kimberly) |
| Filing 65 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #58 , CCA # 22-55614. The judgment of this Court, entered August 15, 2023, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion #63 , REVERSED AND REMANDED.](mat) |
| Filing 64 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to JUDGMENT ON THE PLEADINGS #33 , Order on Motion to Certify #55 , USCA Memorandum/Opinion/Order, #63 , Order on Motion for Judgment on the Pleadings, #44 (Attachments: #1 Proposed Order Amended Proposed Order Granting Judgment on the Pleadings)(Sain, Anthony) |
| Filing 63 OPINION from Ninth Circuit Court of Appeals filed Re USCA Order, #56 , Notice of Appeal #58 , CCA # 22-55614. The judgment of the District Court Because there was no judicial proceeding, Parker cannot show that he was prejudiced by any failure to disclose Brady evidence. REVERSED AND REMANDED. Each party to bear its own costs. [See Opinion for further information.] (car) Modified on 8/21/2023 (car). |
| Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander Seanon Rynerson counsel for Defendants County of Riverside, Tricia Fransdal, Sean Lafferty, Jeffrey Van Wagenen, Paul E. Zellerbach. Alexander S. Rynerson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Defendants. (Rynerson, Alexander) |
| Filing 61 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander Seanon Rynerson counsel for Defendant County of Riverside. Adding Alexander S. Rynerson as counsel of record for County of Riverside, Paul E. Zellerbach, Sean Lafrerty, Tricia Fransdal, and Jeff Van Wagenen for the reason indicated in the G-123 Notice. Filed by Defendant Defendant. (Attorney Alexander Seanon Rynerson added to party County of Riverside(pty:dft))(Rynerson, Alexander) |
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Filing 60
ORDER GRANTING STIPULATION AND JOINT REQUEST OF PARTIES TO STAY FURTHER DISTRICT COURT PROCEEDINGS PENDING APPEAL OF COURT'S ORDER PARTIALLY DENYING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS #59 by Judge Jesus G. Bernal. See order for further details. (Made JS-6. Case Terminated.) (lom)
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| Filing 59 STIPULATION to Stay Case pending Appeal of Court's Order Partially Denying Defendants' Motion for Judgment on the Pleadings filed by Defendant County of Riverside. (Attachments: #1 Proposed Order Proposed Order)(McLaughlin, Abigail) |
| Filing 58 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Sean Lafferty(in his official capacity), Jeffrey Van Wagenen, Paul E. Zellerbach. Appeal of Order on Motion for Judgment on the Pleadings, #44 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33556404.) (McLaughlin, Abigail) |
| Filing 57 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55614 assigned to USCA Order, #56 . (mat) |
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Filing 56
ORDER from Ninth Circuit Court of Appeals filed. CCA # 22-80041. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is granted. Within 14 days after the date of this order, petitioners shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). (mat)
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| Filing 55 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING Defendants Motion for Interlocutory Appeal (Dkt. No. 47); and (2) VACATING the May 9, 2022 Hearing #47 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 54 SCHEDULING NOTICE by Judge Jesus G. Bernal. The HEARING on the MOTION to Certify for Interlocutory Appeal #47 , is continued from 5/2/2022 to 5/9/2022 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tc) TEXT ONLY ENTRY |
| Filing 53 SCHEDULING NOTICE by Judge Jesus G. Bernal. The HEARING on the MOTION to Certify for Interlocutory Appeal #47 , is continued from 4/25/2022 to 5/2/2022 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tc) TEXT ONLY ENTRY |
| Filing 52 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Certify for Interlocutory Appeal Order Partially Denying MJOP [DKT. 44] in Light of Public Interest in Resolution of Disputed Point of Law #47 REPLY IN SUPPORT OF DEFENDANTS' MOTION TO CERTIFY FOR INTERLOCUTORY APPEAL ORDER PARTIALLY DENYING M.J.O.P.; NOTICE OF UNTIMELY AND IMPROPER OPPOSITION BY PLAINTIFF AND REQUEST TO STRIKE filed by Defendants County of Riverside, Tricia Fransdal, Tricia Fransdal, Sean Lafferty, Sean Lafferty, Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. (Attachments: #1 Declaration of Abigail J. R. McLaughlin, #2 Exhibit A to Declaration of Abigail J. R. McLaughlin)(McLaughlin, Abigail) |
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Filing 51
PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order #49 . [See document for further details.] (et)
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| Filing 50 OPPOSITION to NOTICE OF MOTION AND MOTION to Certify for Interlocutory Appeal Order Partially Denying MJOP [DKT. 44] in Light of Public Interest in Resolution of Disputed Point of Law #47 filed by Plaintiff Roger Wayne Parker. (Trimble, Kimberly) |
| Filing 49 STIPULATION for Protective Order filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Tricia Fransdal(individually), Sean Lafferty(in his official capacity), Sean Lafferty(individually), Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. (Attachments: #1 Proposed Protective Order re Confidential Documents)(McLaughlin, Abigail) |
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Filing 48
ORDER re: Stipulated Protective Order by Magistrate Judge Kenly Kiya Kato, re Stipulation for Protective Order #46 . The Court declines to approve the proposed Stipulated Protective Order (see document for further details). (hr)
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| Filing 47 NOTICE OF MOTION AND MOTION to Certify for Interlocutory Appeal Order Partially Denying MJOP [DKT. 44] in Light of Public Interest in Resolution of Disputed Point of Law filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Sean Lafferty(in his official capacity), Jeffrey Van Wagenen, Paul E. Zellerbach. Motion set for hearing on 4/25/2022 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (McLaughlin, Abigail) |
| Filing 46 STIPULATION for Protective Order filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Tricia Fransdal(individually), Sean Lafferty(in his official capacity), Sean Lafferty(individually), Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. (Attachments: #1 Proposed Protective Order re Confidential Documents)(Attorney Abigail McLaughlin added to party County of Riverside(pty:dft), Attorney Abigail McLaughlin added to party Tricia Fransdal(pty:dft), Attorney Abigail McLaughlin added to party Tricia Fransdal(pty:dft), Attorney Abigail McLaughlin added to party Sean Lafferty(pty:dft), Attorney Abigail McLaughlin added to party Sean Lafferty(pty:dft), Attorney Abigail McLaughlin added to party Jeffrey Van Wagenen(pty:dft), Attorney Abigail McLaughlin added to party Paul E. Zellerbach(pty:dft), Attorney Abigail McLaughlin added to party Paul E. Zellerback(pty:dft))(McLaughlin, Abigail) |
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Filing 45
ORDER DENYING Defendants' "Motion for Protective Order to Bar Re-Deposition of Certain Witnesses through Misuse of Process" by Magistrate Judge Kenly Kiya Kato: denying #36 Motion for Protective Order. Plaintiff may depose defendants Van Wagenen, Lafferty, and Zellerbach. (see document for further details) (hr)
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| Filing 44 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: GRANTING IN PART and DENYING IN PART #33 Defendants' MOTION for Judgment on the Pleadings (Dkt. No. 33); and VACATING THE 2/28/22 Hearing. Mr. Parker shallfile an Amended Complaint, if any, by March 4, 2022. (twdb) |
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Filing 43
MINUTE (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re: MOTION for Protective Order for to Bar Re-Deposition of Certain Witnesses Through Misuse of Process #36 . The Court finds the motion appropriate for decision without oral argument. Hence, the March 3, 2022 hearing is hereby VACATED, and the matter is taken under submission. (hr)
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| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Protective Order for to Bar Re-Deposition of Certain Witnesses Through Misuse of Process #36 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb) |
| Filing 41 SUPPLEMENT to MOTION for Protective Order for to Bar Re-Deposition of Certain Witnesses Through Misuse of Process #36 Supplemental Memorandum in Opposition to Motion for Protective Order filed by Plaintiff Roger Wayne Parker. (Trimble, Kimberly) |
| Filing 40 SUPPLEMENT to MOTION for Protective Order for to Bar Re-Deposition of Certain Witnesses Through Misuse of Process #36 Supplemental Memorandum in Support of Defendants' Motion for Protective Order to Bar Re-Deposition of Certain Witnesses Through Misuse of Process filed by Defendants County of Riverside, Tricia Fransdal, Tricia Fransdal, Sean Lafferty, Sean Lafferty, Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. (Sain, Anthony) |
| Filing 39 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to JUDGMENT ON THE PLEADINGS #33 REPLY OF DEFENDANTS TO PLAINTIFF'S OPPOSITION IN SUPPORT OF DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS filed by Defendants County of Riverside, Tricia Fransdal, Tricia Fransdal, Sean Lafferty, Sean Lafferty, Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. (Sain, Anthony) |
| Filing 38 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to JUDGMENT ON THE PLEADINGS #33 filed by Plaintiff Roger Wayne Parker. (Trimble, Kimberly) |
| Filing 37 NOTICE of Change of Attorney Business or Contact Information: for attorney Kimberly Sue Trimble counsel for Plaintiff Roger Wayne Parker. Changing firm name to Singleton Schreiber, LLP. Changing e-Mail to ktrimble@singletonschreiber.com. Filed by Plaintiff Roger Wayne Parker. (Trimble, Kimberly) |
| Filing 36 NOTICE OF MOTION AND MOTION for Protective Order for to Bar Re-Deposition of Certain Witnesses Through Misuse of Process filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Tricia Fransdal(individually), Sean Lafferty(in his official capacity), Sean Lafferty(individually), Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. Motion set for hearing on 3/3/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Joint Stipulation re Defendants' Motion for Protective Order to Bar Re-Deposition of Certain Witnesses Through Misuse of Process, #2 Exhibit A to Joint Stipulation, #3 Declaration of Tori Bakken, #4 Exhibit A to Tori Bakken Declaration, #5 Exhibit B to Tori Bakken Declaration, #6 Exhibit C to Tori Bakken Declaration, #7 Exhibit D to Tori Bakken Declaration, #8 Exhibit E to Tori Bakken Declaration, #9 Exhibit F to Tori Bakken Declaration, #10 Declaration of Gerald Singleton)(Bakken, Tori) |
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Filing 35
ORDER/REFERRAL to ADR Procedure No 3 by Judge Jesus G. Bernal. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/20/2023. (npo)
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Filing 34
CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 3/4/2022. Discovery cut-off 2/13/2023. Motions cut-off 5/1/2023. Last date to conduct settlement conference is 3/20/2023. Final Pretrial Conference set for 6/12/2023 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 6/27/2023 09:00 AM before Judge Jesus G. Bernal. See order for details. (npo)
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| Filing 33 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to JUDGMENT ON THE PLEADINGS filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Tricia Fransdal(individually), Sean Lafferty(in his official capacity), Sean Lafferty(individually), Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. Motion set for hearing on 2/28/2022 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Sain, Anthony) |
| Filing 32 The Court hereby vacates the Scheduling Conference set for 12/27/2021. The Court will issue a separate trial scheduling order setting forth a trial schedule. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 court days, filed by Plaintiff Roger Wayne Parker.. (Trimble, Kimberly) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Anthony M Sain counsel for Defendants County of Riverside, Tricia Fransdal, Tricia Fransdal, Sean Lafferty, Sean Lafferty, Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. Adding Tori L.N. Bakken as counsel of record for s COUNTY OF RIVERSIDE, PAUL E. ZELLERBACH, SEAN LAFFERTY, TRICIA FRANSDAL and JEFF VAN WAGENEN for the reason indicated in the G-123 Notice. Filed by Defendant Tori L.N. Bakken. (Sain, Anthony) |
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Filing 29
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Substitute or Withdraw Attorney #28 . Steven D. Manning and Eugene P. Ramirez of Manning and Kass terminated. (twdb)
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| Filing 28 STIPULATION to Substitute attorney Tony M. Sain in place of attorney Eugene P. Ramirez filed by defendant County of Riverside. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney)(Sain, Anthony) |
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Filing 27
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 12/27/2021 at 11:00 AM before Judge Jesus G. Bernal. (npo)
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| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Anthony M Sain counsel for Defendants County of Riverside, Tricia Fransdal, Sean Lafferty, Jeffrey Van Wagenen, Paul E. Zellerbach. Adding Tony M. Sain as counsel of record for COUNTY OF RIVERSIDE; PAUL E. ZELLERBACH, SEAN LAFFERTY, TRICIA FRANSDAL, JEFF VAN WAGENEN for the reason indicated in the G-123 Notice. Filed by defendants County of Riverside; Paul E. Zellerbach, Sean Lafferty, Tricia Fransdal, Jeff Van Wagenen. (Sain, Anthony) |
| Filing 25 Certification and Notice of Interested Parties filed by defendants County of Riverside, Tricia Fransdal(in her official capacity), Tricia Fransdal(individually), Sean Lafferty(in his official capacity), Sean Lafferty(individually), Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback, identifying Roger Wayne Parker, Plaintiff; County of Riverside, Defendant; Paul E. Zellerbach, Defendant; Sean Lafferty, Defendant; Tricia Fransdal, Defendant; Jeff Van Wagenen, Defendant. (Attorney Tori Lyn Noelani Bakken added to party County of Riverside(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Tricia Fransdal(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Tricia Fransdal(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Sean Lafferty(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Sean Lafferty(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Jeffrey Van Wagenen(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Paul E. Zellerbach(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Paul E. Zellerback(pty:dft))(Bakken, Tori) |
| Filing 24 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendants County of Riverside, Tricia Fransdal(in her official capacity), Tricia Fransdal(individually), Sean Lafferty(in his official capacity), Sean Lafferty(individually), Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback.(Attorney Eugene P Ramirez added to party County of Riverside(pty:dft), Attorney Eugene P Ramirez added to party Tricia Fransdal(pty:dft), Attorney Eugene P Ramirez added to party Tricia Fransdal(pty:dft), Attorney Eugene P Ramirez added to party Sean Lafferty(pty:dft), Attorney Eugene P Ramirez added to party Sean Lafferty(pty:dft), Attorney Eugene P Ramirez added to party Jeffrey Van Wagenen(pty:dft), Attorney Eugene P Ramirez added to party Paul E. Zellerbach(pty:dft), Attorney Eugene P Ramirez added to party Paul E. Zellerback(pty:dft))(Ramirez, Eugene) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Roger Wayne Parker, upon Defendant Tricia Fransdal(in her official capacity) served on 8/26/2021, answer due 9/16/2021. Service of the Summons and Complaint were executed upon John Doe, Husband (Refused to give Name) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Singleton, Gerald) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Roger Wayne Parker, upon Defendant Paul E. Zellerbach served on 8/27/2021, answer due 9/17/2021. Service of the Summons and Complaint were executed upon Paul E. Zellerbach in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Singleton, Gerald) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Roger Wayne Parker, upon Defendant Sean Lafferty(in his official capacity) served on 8/26/2021, answer due 9/16/2021. Service of the Summons and Complaint were executed upon Jonathan Clark, System Analyst in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Singleton, Gerald) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #18 , Service of Summons and Complaint Returned Executed (21 days), #19 . The following error(s) was/were found: Title page is missing. 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. (shb) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Roger Wayne Parker, upon Defendant Jeffrey Van Wagenen served on 8/19/2021, answer due 9/9/2021. Service of the Summons and Complaint were executed upon Sue Maxwell, Deputy County Clerk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Singleton, Gerald) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Roger Wayne Parker, upon Defendant County of Riverside served on 8/19/2021, answer due 9/9/2021. Service of the Summons and Complaint were executed upon Sue Maxwell, Deputy County Clerk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Singleton, Gerald) |
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Filing 17
ORDER by Judge Jesus G. Bernal: Granting #10 , #12 Non-Resident Attorney Gerald Blaine Singleton APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Roger Wayne Parker, designating Gerald Blaine Singleton as local counsel. (et)
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| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Kimberly Sue Trimble counsel for Plaintiff Roger Wayne Parker. Adding Kimberly S. Trimble as counsel of record for Plaintiff Roger Wayne Parker for the reason indicated in the G-123 Notice. Filed by Plaintiff Roger Wayne Parker. (Attorney Kimberly Sue Trimble added to party Roger Wayne Parker(pty:pla))(Trimble, Kimberly) |
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Filing 15
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 14 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Sheri Pym to Judge Jesus G. Bernal for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Kenly Kiya Kato. The case number will now reflect the initials of the transferee Judges 5:21-cv-01280 JGB(KKx). (rn) |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants County of Riverside, Tricia Fransdal(in her official capacity), Tricia Fransdal(individually), Sean Lafferty(in his official capacity), Sean Lafferty(individually), Jeffrey Van Wagenen, Paul E. Zellerbach, Paul E. Zellerback. (et) |
| Filing 12 First APPLICATION of Non-Resident Attorney Wilbur O. Colom to Appear Pro Hac Vice on behalf of Plaintiff Roger Wayne Parker (Pro Hac Vice Fee - $500 Previously Paid on 8/4/2021, Receipt No. ACACDC-31748699) filed by Plaintiff Roger Wayne Parker. (Attachments: #1 Proposed Order) (Singleton, Gerald) |
| Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Wilbur O. Colom to Appear Pro Hac Vice on behalf of Plaintiff Roger Wayne Parker (Pro Hac Vice Fee - $500 Previously Paid on 8/4/2021, Receipt No. ACACDC-31748699) #10 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 10 APPLICATION of Non-Resident Attorney Wilbur O. Colom to Appear Pro Hac Vice on behalf of Plaintiff Roger Wayne Parker (Pro Hac Vice Fee - $500 Previously Paid on 8/4/2021, Receipt No. ACACDC-31748699) filed by Plaintiff Roger Wayne Parker. (Attachments: #1 Proposed Order) (Singleton, Gerald) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Roger Wayne Parker. (Singleton, Gerald) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Wilbur O Colom on behalf of Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Sheri Pym. (et) (Additional attachment(s) added on 8/2/2021: #1 CV11-C Statement of Consent) (et). |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney John C Lemon counsel for Plaintiff Roger Wayne Parker. Adding John C. Lemon as counsel of record for Plaintiff Roger Wayne Parker for the reason indicated in the G-123 Notice. Filed by Plaintiff Roger Wayne Parker. (Attorney John C Lemon added to party Roger Wayne Parker(pty:pla))(Lemon, John) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Roger Wayne Parker. (Singleton, Gerald) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs Roger Wayne Parker, (Singleton, Gerald) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Roger Wayne Parker. (Singleton, Gerald) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31717787 - Fee: $402, filed by Plaintiff Roger Wayne Parker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Attorney Gerald Blaine Singleton added to party Roger Wayne Parker(pty:pla))(Singleton, Gerald) |
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