M. H. et al v. County of Orange et al
| Rochelle Hanks, Solano Juan, Juan Solano and M. H. |
| County of Orange, Deputy Leland, DOES 1 through 10 inclusive, Deputy Gouirand, Deputy Johnson, Cody Eversgerd, Christian Higushi, Deputy Parker, Deputy Recinos, Does 1 through 10, inclusive, Deputy Cody Eversgerd, Sergeant Frazee and Deputy Christian Higushi |
| Deputy Frazee and Matthew Hanks |
| 8:2019cv00549 |
| March 21, 2019 |
| US District Court for the Central District of California |
| James V Selna |
| Autumn D Spaeth |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.
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Filing 49
ORDER ON STIPULATION ALLOWING PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT FOR DAMAGES #48 by Judge James V. Selna, it is hereby ORDERED that the Stipulation is APPROVED as follows: 1. Plaintiffs shall have up to 30 days from the date this order is signed within which to file a second amended complaint; and 2. Defendants shall have up to 21 days after Plaintiffs' second amended complaint is filed within which to file their responsive pleading to the second amended complaint. (es)
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| Filing 48 STIPULATION for Leave to ALLOW PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT FOR DAMAGES filed by Defendants County of Orange, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Johnson, Leland, Parker, Recinos. (Attachments: #1 Proposed Order)(Kraus, Roberta) |
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Filing 47
STIPULATED PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order #46 . (kh)
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| Filing 46 STIPULATION for Protective Order filed by plaintiff M. H..(Sehat, Cameron) |
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Filing 43
ORDER ON STIPULATION T O EXTEND TIME FOR ALL DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT TO JULY 10, 2019 #42 , by Judge James V. Selna (es)
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| Filing 42 STIPULATION Extending Time to Answer the complaint as to Christian Higushi answer now due 7/10/2019; Gouirand answer now due 7/10/2019; Parker answer now due 7/10/2019; Leland answer now due 7/10/2019; Frazee answer now due 7/10/2019; Johnson answer now due 7/10/2019; County of Orange answer now due 7/10/2019; Recinos answer now due 7/10/2019; Cody Eversgerd answer now due 7/10/2019, re Amended Complaint/Petition, #41 filed by Defendants Christian Higushi; Gouirand; Parker; Leland; Frazee; Johnson; County of Orange; Recinos; Cody Eversgerd. (Attachments: #1 Proposed Order)(Attorney Roberta A Kraus added to party Johnson(pty:dft), Attorney Roberta A Kraus added to party Parker(pty:dft))(Kraus, Roberta) |
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Filing 45
ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL by Judge James V. Selna. Discovery cut-off 4/21/2020. Final Pretrial Conference set for 7/13/2020 at 11:00 AM and Trial set for 7/28/2020 at 8:30 AM before Judge James V. Selna. (es)
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| Filing 44 MINUTES OF Scheduling Conference held before Judge James V. Selna: The Court sets the case management dates with the agreement of counsel as follows: Jury Trial July 28, 2020 at 8:30 a.m. Final PreTrial Conference July 13, 2020 at 11:00 a.m. Discovery Cut-off April 21, 2020. Expert Discovery Cut-off June 5, 2020. Law and Motion Cut-off June 8, 2020 at 1:30 p.m. Last Day to Amend Pleadings or Add Parties September 4, 2019. The Court orders that any settlement discussions shall be completed not later than February 28, 2020. (See document for further details) Court Reporter: Sharon Seffens. (es) |
| Filing 41 FIRST AMENDED COMPLAINT against Defendant M. H., County of Orange, Does, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Johnson, Leland, Parker, Recinos amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff M. H.(Sehat, Cameron) |
| Filing 40 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Plaintiff M. H... (Sehat, Cameron) |
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Filing 39
ORDER RE DEFENDANTS' EX PARTE APPLICATION FOR LEAVE OF COURT FOR JEANNE L. TOLLISON TO APPEAR ON BEHALF OF LEAD TRIAL COUNSEL AT THE SCHEDULING CONFERENCE #38 by Judge James V. Selna: IT IS HEREBY ORDERED: Jeanne L. Tollison may appear, on behalf of Defendants, in place of lead counsel Daniel K. Spradlin at the scheduling conference on June 24, 2019. (es)
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| Filing 38 EX PARTE APPLICATION to FOR LEAVE OF COURT FOR JEANNE L. TOLLISON TO APPEAR ON BEHALF OF LEAD COUNSEL AT THE SCHEDULING CONFERENCE filed by Defendants County of Orange, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Leland, Recinos. (Attachments: #1 Proposed Order) (Tollison, Jeanne) |
| Filing 37 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Johnson, Parker. (es) |
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Filing 36
MINUTES (IN CHAMBERS) Order Regarding Motion to Dismiss and Motion to Strike by Judge James V. Selna: For the foregoing reasons, the Court grants in part and denies in part the motion to dismiss without prejudice. The Court grants the motion to strike the third claim. Plaintiffs may file an amended complaint addressing the deficiencies identified in this order within thirty (30) days. (See document for further details) (es)
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| Filing 35 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff M. H.. (Attachments: #1 Supplement)(Sehat, Cameron) |
| Filing 34 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #32 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (es) |
| Filing 33 MINUTES OF Defendants Motion to Dismiss and to Strike Portions of Plaintiffs Complaint #22 Hearing held before Judge James V. Selna: Matter is argued and taken under submission. Court Reporter: Sharon Seffens. (lb) |
| Filing 32 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff M. H.. (Attachments: #1 Supplement)(Sehat, Cameron) |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #30 . 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 30 (Attorney Jeanne L Tollison added to party County of Orange(pty:dft), Attorney Jeanne L Tollison added to party Cody Eversgerd(pty:dft), Attorney Jeanne L Tollison added to party Frazee(pty:dft), Attorney Jeanne L Tollison added to party Gouirand(pty:dft), Attorney Jeanne L Tollison added to party Christian Higushi(pty:dft), Attorney Jeanne L Tollison added to party Leland(pty:dft), Attorney Jeanne L Tollison added to party Recinos(pty:dft))(Tollison, Jeanne) |
| Filing 29 [IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the MOTION to Dismiss Case AND TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT #22 previously set for 5/20/2019 at 1:30 pm is continued to 5/30/2019 at 1:30 pm.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
| Filing 28 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case AND TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT #22 filed by Defendants County of Orange, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Leland, Recinos. (Kraus, Roberta) |
| Filing 27 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case AND TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT #22 filed by Plaintiffs M. H., Rochelle Hanks. (Sehat, Cameron) |
| Filing 26 CERTIFICATE of Interested Parties filed by Defendants County of Orange, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Leland, Recinos, (Kraus, Roberta) |
| Filing 25 (Attorney Daniel K Spradlin added to party County of Orange(pty:dft), Attorney Daniel K Spradlin added to party Cody Eversgerd(pty:dft), Attorney Daniel K Spradlin added to party Frazee(pty:dft), Attorney Daniel K Spradlin added to party Gouirand(pty:dft), Attorney Daniel K Spradlin added to party Christian Higushi(pty:dft), Attorney Daniel K Spradlin added to party Leland(pty:dft), Attorney Daniel K Spradlin added to party Recinos(pty:dft))(Spradlin, Daniel) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case AND TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT #22 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (es) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case AND TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT #22 filed by Defendants County of Orange, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Leland, Recinos. (Attachments: #1 Exhibit A)(Kraus, Roberta) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case AND TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT filed by Defendants County of Orange, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Leland, Recinos. Motion set for hearing on 5/20/2019 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Plaintiffs' Complaint) (Attorney Roberta A Kraus added to party County of Orange(pty:dft), Attorney Roberta A Kraus added to party Cody Eversgerd(pty:dft), Attorney Roberta A Kraus added to party Frazee(pty:dft), Attorney Roberta A Kraus added to party Gouirand(pty:dft), Attorney Roberta A Kraus added to party Christian Higushi(pty:dft), Attorney Roberta A Kraus added to party Leland(pty:dft), Attorney Roberta A Kraus added to party Recinos(pty:dft)) (Kraus, Roberta) |
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Filing 21
Order Setting Rule 26(f) Scheduling Conference by Judge James V. Selna. Scheduling Conference set for 6/24/2019 at 11:30 AM before Judge James V. Selna. (rrp)
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Filing 20
ORDER by Judge James V. Selna: Granting #11 PETITION to Appoint Guardian ad Litem. Appointing Rochelle Hanks as Guardian ad Litem for M.H. (twdb)
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| Filing 19 PROOF OF SERVICE Executed by Plaintiff Rochelle Hanks, M. H., Juan Solano, upon Defendant County of Orange served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Susan Morales, Deputy Clerk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Rochelle Hanks, M. H., Juan Solano, upon Defendant Cody Eversgerd served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Lorena Murillo, Staff Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Rochelle Hanks, M. H., Juan Solano, upon Defendant Christian Higushi served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Lorena Murillo, Staff Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Rochelle Hanks, M. H., Juan Solano, upon Defendant Leland served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Lorena Murillo, Staff Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Rochelle Hanks, M. H., Juan Solano, upon Defendant Recinos served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Lorena Murillo, Staff Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Rochelle Hanks, M. H., Juan Solano, upon Defendant Gouirand served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Lorena Murillo, Staff Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Rochelle Hanks, M. H., Juan Solano, upon Defendant Frazee served on 3/26/2019, answer due 4/16/2019. Service of the Summons and Complaint were executed upon Lorena Murillo, Staff Assistant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 12 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 11 PETITION for Appointment of Rochelle Hanks as Guardian ad Litem for M.H. filed by plaintiff M. H., Rochelle Hanks. (Attachments: #1 Declaration of Rochelle Hanks on Behalf of M.H.) (Sehat, Cameron) |
| Filing 10 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: Other error(s) with document(s): It appears a guardian ad litem is named in this case but no Petition seeking such appointment has been filed. A Petition for the Appointment of a Guardian Ad Litem must be filed when the appointment of a guardian ad litem is required by Fed. R. Civ. P. 17(c)(2). See Local Rule 17-1. Counsel must file a Petition for the Appointment of a Guardian Ad Litem immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7.. (lh) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants County of Orange, Cody Eversgerd, Frazee, Gouirand, Christian Higushi, Johnson, Leland, Parker, Recinos. (lh) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (lh) |
| Filing 6 Notice of Withdrawal of Service of Summons and Complaint Returned Executed (21 days) #3 filed by plaintiff Matthew Hanks. (Sehat, Cameron) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #4 , Civil Cover Sheet (CV-71) #2 filed by plaintiff Matthew Hanks. (Sehat, Cameron) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff All Plaintiffs, (Attorney Cameron Sehat added to party Rochelle Hanks(pty:pla), Attorney Cameron Sehat added to party Solano Juan(pty:pla))(Sehat, Cameron) |
| Filing 3 PROOF OF SERVICE Executed by Plaintiff Solano Juan, Rochelle Hanks, Matthew Hanks, upon Defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Sehat, Cameron) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner Matthew Hanks, Plaintiffs Rochelle Hanks, Solano Juan. (Sehat, Cameron) |
| Filing 1 COMPLAINT Receipt No: 0973-23414796 - Fee: $400, filed by plaintiff Matthew Hanks. (Attorney Cameron Sehat added to party Matthew Hanks(pty:pet))(Sehat, Cameron) |
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