Angela Hernandez v. City of Huntington Beach, et al
| Angela Hernandez |
| Does 1-10, inclusive, City of Huntington Beach, Trevor Jackson, Does 3-10, inclusive and Casey Thomas |
| Louis M Marlin |
| 8:2017cv01257 |
| July 21, 2017 |
| US District Court for the Central District of California |
| Andrew J Guilford |
| Karen E Scott |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 65
MINUTE ORDER (IN CHAMBERS) ORDER SCHEDULING STATUS CONFERENCE by Judge Andrew J. Guilford: In light of the mandate filed by the United States Court of Appeals for the Ninth Circuit on January 15, 2020, the Court hereby schedules a status conference in this matter on Monday. February 24. 2020 at 9:00 a.m. (Case reopened. MD JS-5.) (es)
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| Filing 64 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #53 , CCA # 18-56127. The judgment of this Court, entered December 24, 2019, 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. The parties shall bear their own costs on appeal. [See USCA Memorandum #63 AFFIRMED in part, REVERSED in part, and REMANDED. The parties shall bear their own costs on appeal.] (mat) |
| Filing 63 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #53 filed by Angela Hernandez. CCA # 18-56127.AFFIRMED in part, REVERSED in part, and REMANDED. The partiesshall bear their own costs on appeal. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 62 BILL OF COSTS. Costs taxed in the amount of $1,906.90 in favor of Defendants City of Huntington Beach, Trevor Jackson and Casey Thomas and against Plaintiff Angela Hernandez, individually and as a successor in interest to Steven Schiltz, deceased. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff Angela Hernandez. #61 (vmun) |
| Filing 61 APPLICATION to the Clerk to Tax Costs against Plaintiff Angela Hernandez filed by Defendants Casey Thomas, Trevor Jackson, City of Huntington Beach. (Cha, Daniel) |
| Filing 60 JUDGMENT by Judge Andrew J. Guilford. IT IS ORDERED AND ADJUDGED that the Plaintiff ANGELA HERNANDEZ, individually and as a successor in interest to Steven Schiltz, deceased, take nothing, and that Judgment is hereby entered for Defendants CITY OF HUNTINGTON BEACH, TREVOR JACKSON and CASEY THOMAS and against Plaintiff ANGELA HERNANDEZ, individually and as a successor in interest to Steven Schiltz, deceased, and that Defendants CITY OF HUNTINGTON BEACH, TREVOR JACKSON and CASEY THOMAS are the prevailing parties. #52 (es) |
| Filing 59 [PROPOSED JUDGMENT] filed as REQUEST for Judgment filed by Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas. (Attorney Daniel S Cha added to party City of Huntington Beach(pty:dft), Attorney Daniel S Cha added to party Trevor Jackson(pty:dft), Attorney Daniel S Cha added to party Casey Thomas(pty:dft)) (Cha, Daniel) Modified on 10/9/2018 (es). |
| Filing 58 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/30/18 re Transcript #57 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY |
| Filing 57 TRANSCRIPT for proceedings held on 7/30/18 10:00 AM. Court Reporter/Electronic Court Recorder: miriam baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/17/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/26/2018. (Baird, Miriam) |
| Filing 56 TRANSCRIPT ORDER re: Court of Appeals case number 18-56127, as to Plaintiff Angela Hernandez for Court Reporter. Court will contact Alejandro E. Monguia at amonguia@galipolaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Galipo, Dale) |
| Filing 55 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56127 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #53 as to Plaintiff Angela Hernandez. (shb) |
| Filing 54 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56127 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #53 as to Plaintiff Angela Hernandez. (shb) |
| Filing 53 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Angela Hernandez. Appeal of Order on Motion for Summary Judgment #52 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22292012.) (Attachments: #1 Exhibit A - Final Judgment, #2 Exhibit B - Representation Statement)(Galipo, Dale) |
| Filing 51 Joint STIPULATION to Continue filed by Plaintiff Angela Hernandez. (Attachments: #1 Proposed Order)(Masongsong, Renee) |
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Filing 52
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION FOR SUMMARY JUDGMENT by Judge Andrew J. Guilford: The Court GRANTS Defendants motion for summary judgment. (Dkt. No. 46.) The Court will enter a simple judgment. MD JS-6. Case Terminated. (es)
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| Filing 50 MINUTES OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES [DKT 37] Hearing held : Matter is argued and taken under submission. Court Reporter: Miriam Baird. (lb) |
| Filing 47 NOTICE of Appearance filed by attorney Trisha E Newman on behalf of Defendant City of Huntington Beach (Attorney Trisha E Newman added to party City of Huntington Beach(pty:dft))(Newman, Trisha) |
| Filing 46 REPLY REPLY IN OPPOSITION filed by Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas. (Attachments: #1 Appendix DEFENDANTS' REPLY TO PLAINTIFF'S RESPONSES AND OBJECTIONS TO DEFENDANTS' SEPARATE SATTEMENT OF UNCONTROVERTED FACTS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; DEFENDANTS' RESPONSES TO PLAINTIFF'S ADDITIONAL MATERIAL FACTS, #2 Appendix DEFENDANTS OBJECTION AND MOTION TO STRIKE PORTIONS OF THE DECLARATION OF ROGER A. CLARK, SUBMITTED IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES)(Ramirez, Eugene) |
| Filing 45 STATEMENT of MATERIAL UNDISPUTED FACTS NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative Summary Adjudication of Issues #37 filed by Plaintiff Angela Hernandez. (Masongsong, Renee) |
| Filing 44 DECLARATION of Roger A. Clark opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative Summary Adjudication of Issues #37 filed by Plaintiff Angela Hernandez. (Masongsong, Renee) |
| Filing 43 OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative Summary Adjudication of Issues #37 filed by Plaintiff Angela Hernandez. (Attachments: #1 Declaration of Renee V. Masongsong, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration 6)(Masongsong, Renee) |
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Filing 42
ORDER by Judge Andrew J. Guilford: Granting Joint Stipulation to Continue Expert Discovery Dates #41 (mt)
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| Filing 41 Joint STIPULATION to Continue Expert Discovery Dates filed by Plaintiff Angela Hernandez. (Attachments: #1 Proposed Order)(Galipo, Dale) |
| Filing 40 DECLARATION of Eugene P. Ramirez In Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative Summary Adjudication of Issues #37 filed by Defendant City of Huntington Beach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit D-3, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Ramirez, Eugene) |
| Filing 39 NOTICE OF LODGING filed of Exhibits re NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative Summary Adjudication of Issues #37 (Ramirez, Eugene) |
| Filing 38 STATEMENT of Separate Statement of Material Uncontroverted Facts and Conclusions of Law in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative Summary Adjudication of Issues #37 filed by Defendant City of Huntington Beach. (Ramirez, Eugene) |
| Filing 37 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative Summary Adjudication of Issues filed by Defendants City of Huntington Beach. Motion set for hearing on 7/30/2018 at 10:00 AM before Judge Andrew J. Guilford. (Ramirez, Eugene) |
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Filing 36
ORDER by Judge Andrew J. Guilford, re Stipulation Dismissing Claims with Prejudice #35 . (mt)
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| Filing 35 Joint STIPULATION for Order Dismissing Claims with Prejudice filed by Plaintiff Angela Hernandez. (Attachments: #1 Proposed Order)(Galipo, Dale) |
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Filing 34
ORDER by Judge Andrew J. Guilford, Granting Joint Stipulation Requesting an Extended Briefing Schedule for Defendants' Anticipated Motion for Summary Judgment #33 . Having reviewed the parties' joint stipulation and request for an extended briefing schedule as to Defendants' anticipated motion for summary judgment, IT IS HEREBY ORDERED AS FOLLOWS: 1. Defendants shall file their motion for summary judgment with a July 30, 2018 hearing date no later than June 20, 2018; 2. Plaintiff shall file her opposition to Defendants' motion for summary judgment no later than July 3, 2018; 3. Defendants shall file their reply no later than July 16, 2018. (dro)
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| Filing 33 Joint STIPULATION for Order Extending Briefing Schedule re Defendants' Anticipated Motion for Summary Judgment filed by Plaintiff Angela Hernandez. (Attachments: #1 Proposed Order)(Galipo, Dale) |
| Filing 49 *DUPLICATE (For Statistical Purposes)* #32 MINUTES OF Telephone Conference held before Magistrate Judge Karen E. Scott. Court and counsel confer. Court states its ruling on the record. #48 (dv) |
| Filing 32 MINUTES OF Telephone Conference held before Magistrate Judge Karen E. Scott. Court and counsel confer. Court states its ruling on the record. Court Recorder: CS 5/30/18. (jdo) |
| Filing 48 NOTICE Re: Discovery Dispute and Informal Telephonic Conference. A telephonic conference was requested and scheduled for 5/30/2018 at 09:30 AM before Magistrate Judge Karen E. Scott. (This notice is for statistical purposes only. The parties need not take any action.) (dv) |
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Filing 31
ORDER GRANTING Joint Stipulation to Continue Discovery Dates #30 by Judge Andrew J. Guilford that the expert discovery dates be continued as follows: Initial Expert Disclosures 6/25/2018; Rebuttal Expert Disclosures 7/16/2018. (jp)
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| Filing 30 Joint STIPULATION to Continue Discovery Dates filed by Plaintiff Angela Hernandez. (Attachments: #1 Proposed Order)(Galipo, Dale) |
| Filing 29 MEDIATION REPORT Filed by Mediator (ADR Panel) Louis M Marlin: Mediation held on May 17, 2018. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Marlin, Louis) |
| Filing 28 NOTICE of Association of Counsel associating attorney Eugene P. Ramirez on behalf of Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas. Filed by Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas (Dunn, Jemma) |
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Filing 27
STIPULATION FOR ENTRY OF PROTECTIVE ORDER by Magistrate Judge Karen E. Scott. re Stipulation for Protective Order #26 (twdb)
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| Filing 26 STIPULATION for Protective Order filed by Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas.(Dunn, Jemma) |
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Filing 25
MINUTE IN CHAMBERS Order re Stipulation for Entry ofProtective Order re ConfidentialDocuments (Dkt. 24) by Magistrate Judge Karen E. Scott: On February 1, 2018, the parties filed a Stipulation for Entry of Protective Order re Confidential Documents (the "Stipulation"). (Dkt. 24.) The Court has reviewed the Stipulation and will not enter an order approving it in its present form. Attached to this order is a copy of the Stipulation reflecting edits that the Court proposes for the parties consideration. If the parties mutually agree that the proposed revisions are acceptable, then they may re-submit for the Court's approval an amended joint stipulation reflecting the revisions. (Attachments: #1 Attachment) (dv)
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| Filing 24 STIPULATION for Protective Order filed by Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas.(Dunn, Jemma) |
| Filing 23 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Louis M Marlin has been assigned to serve as Panel Mediator. (mb) |
| Filing 22 NOTICE of Interested Parties filed by Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas, (Dunn, Jemma) |
| Filing 21 ANSWER to Amended Complaint/Petition #20 with JURY DEMAND filed by Defendants City of Huntington Beach, Trevor Jackson, Casey Thomas.(Attorney Jemma E Dunn added to party City of Huntington Beach(pty:dft), Attorney Jemma E Dunn added to party Trevor Jackson(pty:dft), Attorney Jemma E Dunn added to party Casey Thomas(pty:dft))(Dunn, Jemma) |
| Filing 20 First AMENDED COMPLAINT against Defendants City of Huntington Beach, Does amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Angela Hernandez(Galipo, Dale) |
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Filing 19
SCHEDULING ORDER SPECIFYING PROCEDURES (lb)
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| Filing 18 MINUTES OF Scheduling Conference held: Discovery cut-off 6/18/2018. Final Pretrial Conference set for 8/27/2018 at 8:30 am. Jury Trial set for 9/18/2018 at 9:00 am. Court Reporter: Miriam Baird. (lb) |
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Filing 17
ORDER Granting Request to Allow Plaintiff's Attorney Renee V. Masongsong to Appear in Lieu of Lead Counsel #16 by Judge Andrew J. Guilford: Having reviewed Plaintiffs request for an order permitting her attorney Renee V. Masongsong to appear at the October 16, 2017 conference in lieu of lead trial counsel Dale K. Galipo, or, in the alternative, to continue the date of the scheduling conference, it is hereby ordered that: Attorney Renee V. Masongsong may appear of behalf of Plaintiff Angela Hernandez at the October 16, 2017 scheduling conference in this case. (lwag)
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| Filing 16 Request filed by Plaintiff Angela Hernandez re: Initial Order Setting R26 Scheduling Conference - form only #10 , Joint Report Rule 26(f) Discovery Plan #15 (Attachments: #1 Proposed Order)(Valentine, Renee) |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 6 days, filed by Plaintiff Angela Hernandez.. (Valentine, Renee) |
| Filing 14 MINUTES OF MOTION TO DISMISS COMPLAINT OF DEFENDANT CITY OF HUNTINGTON BEACH PURSUANT TO FRCEP 12(B)(6) [DKT 9] Hearing held: Granted with leave to amend. Court Reporter: Miriam Baird. (lb) |
| Filing 13 MINUTES (IN CHAMBERS) by Judge Andrew J. Guilford: granting #9 MOTION to Dismiss Case with leave to amend. Plaintiff may file an amended complaint within 21 days of this order. See Telesaurus WPC, LLC v. Power, 623 F.3d 998, 1003 (9th Cir. 2010). (twdb) |
| Filing 12 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendant City of Huntington Beach. (Field, Scott) |
| Filing 11 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Plaintiff Angela Hernandez. (Attorney Renee Sara Valentine added to party Angela Hernandez(pty:pla))(Valentine, Renee) |
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Filing 10
ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE : Scheduling Conference set for 10/16/2017 at 09:00 AM before Judge Andrew J. Guilford. (lb)
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| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant City of Huntington Beach. Motion set for hearing on 10/2/2017 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order Proposed Order re Motion to Dismiss) (Attorney Scott Franklin Field added to party City of Huntington Beach(pty:dft)) (Field, Scott) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Angela Hernandez, upon Defendant City of Huntington Beach served on 7/27/2017, answer due 8/17/2017. Service of the Summons and Complaint were executed upon Donna Switzer, City Clerk in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Galipo, Dale) |
| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant City of Huntington Beach. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Karen E. Scott. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Angela Hernandez. (Galipo, Dale) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Galipo, Dale) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Angela Hernandez. (Galipo, Dale) |
| Filing 1 COMPLAINT Receipt No: 0973-20219111 - Fee: $400, filed by Plaintiff Angela Hernandez. (Attachments: #1 Declaration Successor in Interest Declaration) (Attorney Dale K Galipo added to party Angela Hernandez(pty:pla))(Galipo, Dale) |
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