Hector Hernandez et al v. City of Fullerton et al
| Hector Hernandez, H. R. and C. H. |
| DOES 1 through 50, individually and as peace officers, inclusive, Corporal Jonathan Ferrell, City of Fullerton, Fullerton Police Department, Does 1 through 50, individually and Does 1 through 50, as peace officers, inclusive |
| David Walsh |
| 8:2020cv01747 |
| September 11, 2020 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John D Early |
| Maame Ewusi-Mensah Frimpong |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 84 MEDIATION REPORT Filed by Mediator (ADR Panel) David Walsh: Mediation held on May 1, 2023 and May 8, 2023 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. 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(Walsh, David) |
| Filing 83 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court advances the time of the Motion for Summary Judgment as to First Amended Complaint #75 to 8:00 AM on 05/04/2023. Counsel shall take notice of this new time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 82 NOTICE OF LODGING filed USB Flash Drive With Plaintiffs' 3 Videos In Opposition To Defendants' Motion for Summary Judgment or Partial Summary Judgment re Text Only Scheduling Notice, 81 (Marks, Lawrence) |
| Filing 81 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. Plaintiffs are ORDERED to deliver an additional copy of the USBs lodged at ECF No. #76 to the Court's mailbox by no later than 12:00 pm tomorrow. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 80 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. Defendants are ORDERED to deliver an additional copy of the USB lodged at ECF No. #78 to the Court's mailbox by no later than 3:00 pm today. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 79 NOTICE OF MEDIATION DATE filed. Mediation set for May 1, 2023.(Walsh, David) |
| Filing 78 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #75 (McLaughlin, Abigail) |
| Filing 77 Evidentiary Objections in opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #75 filed by Defendant City of Fullerton. (Attachments: #1 Proposed Order Proposed Order)(McLaughlin, Abigail) |
| Filing 76 APPENDIX filed by Defendant City of Fullerton. Re: NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #75 (Attachments: #1 Declaration McLaughlin Declaration in Support, #2 Exhibit Exhibits A-R to McLaughlin Declaration, #3 Exhibit Exhibits S-X to McLaughlin Declaration, #4 Declaration Marks Declaration in Support, #5 Exhibit Exhibits in Support of Marks Declaration)(McLaughlin, Abigail) |
| Filing 75 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint filed by Defendants City of Fullerton, Corporal Jonathan Ferrell. Motion set for hearing on 5/4/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Affidavit Joint Statement of Facts, #2 Proposed Order Proposed Order) (McLaughlin, Abigail) |
| Filing 74 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. On January 10, 2023, the Court issued a Minute Order re: Ex Parte Application to Allow Hearing on Motion for Summary Judgment. #73 . The Minute Order amended the Civil Trial Order and continued several pretrial and trial dates. In particular, the Minute Order continued the trial date from July 17, 2023, to August 14, 2023; however, the Order, in error, referred to the trial date as an Unchanged Date. The Court confirms that the Jury Trial has been continued from July 17, 2023, to August 14, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
Filing 73
MINUTE ORDER RE Ex Parte Application to Allow Hearing on Motion for Summary Judgment (IN CHAMBERS) by Judge Maame Ewusi-Mensah Frimpong. The first date on which the Court will be available for a hearing on a Motion for Summary Judgment is May 4, 2023. As a result, the Court will reserve May 4, 2023, for a hearing on Defendants Motion for Summary Judgment. The Court therefore ORDERS that the Civil Trial Order shall be amended as follows: Last day to hear dispositive motions is 5/4/2023. The last date to complete settlement conference is 5/17/2023. Trial Filings (First Round) is 6/28/2023. Trial Filings (Second Round) is 7/12/2023. The FPTC is 7/26/2023. the Jury Trial (unchanged date) is 8/14/2023. In light of the foregoing, the Court further DENIES the Defendants' pending Ex Parte Application to Allow Hearing on Motion for Summary Judgment as MOOT. (See document for further details) (yl)
|
| Filing 72 OPPOSITION OPPOSITION re: EX PARTE APPLICATION for Hearing as to DEFENDANTS EX PARTE APPLICATION TO ALLOW HEARING ON THEIR MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT ON FEBRUARY 23, 2023 OR, IN THE ALTERNATIVE, TO EXTEND CURRENT DISPOSITIVE MOTION HEARING DEADLINE #71 filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Marks, Lawrence) |
| Filing 71 EX PARTE APPLICATION for Hearing as to DEFENDANTS EX PARTE APPLICATION TO ALLOW HEARING ON THEIR MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT ON FEBRUARY 23, 2023 OR, IN THE ALTERNATIVE, TO EXTEND CURRENT DISPOSITIVE MOTION HEARING DEADLINE TO MAY 4, 2023 PURSUANT TO THIS COURTS AVAILABILITY filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Attorney Abigail McLaughlin added to party Corporal Jonathan Ferrell(pty:dft), Attorney Abigail McLaughlin added to party Fullerton Police Department(pty:dft))(McLaughlin, Abigail) |
|
Filing 70
ORDER GRANTING STIPULATION AND JOINT REQUEST OF THE PARTIES FOR LIMITED EXTENSION OF THE EXPERT DISCOVERY DEADLINE ONLY SO AS TO ALLOW FOR DEFENDANTS REQUESTED DEPOSITION OF PLAINTIFFS' REBUTTAL EXPERT DR. OMALU [ECF NO. 69] by Judge Maame Ewusi-Mensah Frimpong. IT IS HEREBY ORDERED that: The Court hereby Orders that the Court's scheduling orders are hereby modified, vacated, issued and reset to the following case management schedule: The Expert Discovery Cut off as to Deposition of Plaintiff's Rebuttal Expert Dr. Omalu is continued to 12/9/2022. (See document for further details) (yl)
|
| Filing 69 Joint STIPULATION to Extend Discovery Cut-Off Date to December 9, 2022 filed by Defendant City of Fullerton. (Attachments: #1 Proposed Order Proposed Order)(Attorney Abigail McLaughlin added to party City of Fullerton(pty:dft))(McLaughlin, Abigail) |
|
Filing 68
AMENDED ORDER GRANTING IN PART STIPULATION AND JOINT REQUEST OF THE PARTIES FOR MODIFICATION OF THE CASE MANAGEMENT SCHEDULED DEADLINES, INCLUDING THE TRIAL DATE [ECF NO. #66 ] by Judge Maame Ewusi-Mensah Frimpong. IT IS HEREBY ORDERED that: The Court hereby Orders that the Court's scheduling orders-including but not limited to to Dkt 23, 24, 37, 46, 48, 51, and 65 are hereby modified, vacated, issued and reset to the following case management schedule. The last date to conduct settlement conference is 3/8/2023. The Final Pretrial Conference is set for 6/28/2023 at 9:00 AM. The Jury Trial is set for 7/17/2023 at 8:30 AM. (See document for further details) (yl)
|
|
Filing 67
ORDER GRANTING IN PART STIPULATION AND JOINT REQUEST OF THE PARTIES FOR MODIFICATION OF THE CASE MANAGEMENT SCHEDULED DEADLINES, INCLUDING THE TRIAL DATE [ECF NO. 66] by Judge Maame Ewusi-Mensah Frimpong. The Court hereby Orders that the Court's scheduling orders - including but not limited to Dkt. 23, 24, 37, 46, 48, 51, 65 to the extent applicable are hereby modified, vacated, issued and reset. The Final Pretrial Conference is set for 6/28/2023 at 9:00 AM. The Jury Trial set for 7/17/2023 at 8:30 AM. The Expert Disclosures & Reports are due by 11/2/2023. The Rebuttal-Supplemental Expert Disclosures are due 11/16/2023. The expert Discovery cut-off is 11/30/2023. The Last Day to conduct Settlement Conference is 3/8/2023. (See document for further details) (yl) Modified on 9/20/2022 (yl).
|
| Filing 66 Joint STIPULATION to Continue CASE MANAGEMENT SCHEDULED DEADLINES, INCLUDING THE TRIAL DATE filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Proposed Order Proposed Order)(Sain, Anthony) |
|
Filing 65
ORDER FOR LIMITED EXTENSION OF NON-EXPERT DISCOVERY DEADLINES ONLY SO AS TO ALLOW FOR PLAINTIFFS REQUESTED DEPOSITION OF THE CITY'S PERSON MOST KNOWLEDGEABLE ON K-9 TRAINING ISSUES ONLY #56 by Judge Maame Ewusi-Mensah Frimpong. The Court hereby Orders that the Court's scheduling orders are hereby modified, vacated, issued, and reset to the following case management schedule. The discovery cut-off is 10/31/2022. The last date to conduct settlement conference is 12/21/2022.(See document for further details) (yl)
|
| Filing 64 MINUTES OF Hearing held before Magistrate Judge John D. Early, re Ex Parte Application for Sanctions #57 . On September 13, 2022, per prior order (Dkt. 58), counsel for the parties and non-party Mr. Brown appeared for a hearing on the Application. Following a conference and agreement reached by counsel for the parties and Mr. Brown, all counsel confirmed that all requested relief sought in the Application and the Opposition was withdrawn. As a result, the Application (Dkt. 77) is denied as moot. Court Recorder: CS 09/13/22. (mba) |
| Filing 63 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Opposition to Defendants' Ex Parte Application for Contempt Sanctions #60 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding ten (10) pages in length requires a table of contents. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 62 First NOTICE of Appearance filed by attorney Tori Lyn Noelani Bakken on behalf of Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department (Attorney Tori Lyn Noelani Bakken added to party City of Fullerton(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Corporal Jonathan Ferrell(pty:dft), Attorney Tori Lyn Noelani Bakken added to party Fullerton Police Department(pty:dft))(Bakken, Tori) |
|
Filing 61
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early: FURTHER ORDER RE HEARING ON EX PARTE APPLICATION #57 . The Court makes no ruling on the Application at this time. However, noting that the fact discovery cutoff in the operative Scheduling Order is September 14, 2022, to the extent Defendants seek by way of the Application, even as alternative relief, a continued deposition of Mr. Brown, it shall be Defendants' responsibility to have a court reporter present and available for such continued deposition at the hearing set for September 13, 2022, starting at 10:00. Again, the Court makes no ruling as to the merits of the Application at this time or whether any relief requested therein will be granted. (mba)
|
| Filing 60 OPPOSITION OPPOSITION re: EX PARTE APPLICATION for Sanctions DEFENDANTS EX PARTE APPLICATION FOR CONTEMPT SANCTIONS AGAINST THIRD-PARTY WITNESS WILLIAM BROWN FOR VIOLATION OF A LAWFUL SUBPOENA; SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR IMPROPER CONDUCT DURING MR. BROWNS DEPOSI #57 PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION FOR CONTEMPT SANCTIONS AGAINST THIRD-PARTY WITNESS WILLIAM BROWN FOR VIOLATION OF A LAWFUL SUBPOENA; SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR IMPROPER CONDUCT DURING MR. BROWNS DEPOSITION; AND AN ORDER EXCLUDING MR. BROWNS TESTIMONY FROM THIS MATTER; REQUEST FOR SANCTIONS IN THE AMOUNT OF $5,500 AGAINST DEFENSE COUNSEL TONY M. SAIN; DECLARATION OF LAWRENCE D. MARKS IN OPPOSITION WITH EXHIBIT filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Marks, Lawrence) |
| Filing 59 PROOF OF PERSONAL SERVICE ON WILLIAM BROWN PURSUANT TO COURT'S ORDER [DKT. 58] re EX PARTE APPLICATION for Sanctions DEFENDANTS EX PARTE APPLICATION FOR CONTEMPT SANCTIONS AGAINST THIRD-PARTY WITNESS WILLIAM BROWN FOR VIOLATION OF A LAWFUL SUBPOENA; SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR IMPROPER CONDUCT DURING MR. BROWNS DEPOSI #57 filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Sain, Anthony) |
|
Filing 58
MINUTE ORDER IN CHAMBERS by Magistrate Judge John D. Early: Order Setting Hearing on Ex Parte Application for Sanctions #57 . The Court orders counsel for Plaintiffs and Defendants to personally appear for a hearing on the Application commencing at 10:00 am on 09/13/22 before Magistrate Judge John D. Early. No remote appearance is permitted by counsel. (See document for additional information.) (nbo)
|
| Filing 57 EX PARTE APPLICATION for Sanctions DEFENDANTS EX PARTE APPLICATION FOR CONTEMPT SANCTIONS AGAINST THIRD-PARTY WITNESS WILLIAM BROWN FOR VIOLATION OF A LAWFUL SUBPOENA; SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR IMPROPER CONDUCT DURING MR. BROWNS DEPOSITION; AND AN ORDER EXCLUDING MR. BROWNS TESTIMONY FROM THIS MATTER filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Declaration DECLARATION OF TORI L. N. BAKKEN IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR CONTEMPT SANCTIONS AGAINST THIRD-PARTY WITNESS WILLIAM BROWN FOR VIOLATION OF A LAWFUL SUBPOENA; SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR IMPROPER CONDUCT DURING MR. BROWNS DEPOSITION; AND AN ORDER EXCLUDING MR. BROWNS TESTIMONY FROM THIS MATTER, #2 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS EX PARTE APPLICATION FOR CONTEMPT SANCTIONS AGAINST THIRD-PARTY WITNESS WILLIAM BROWN FOR VIOLATION OF A LAWFUL SUBPOENA; SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR IMPROPER CONDUCT DURING MR. BROWNS DEPOSITION; AND AN ORDER EXCLUDING MR. BROWNS TESTIMONY FROM THIS MATTER)(Sain, Anthony) |
| Filing 56 STIPULATION for Order STIPULATION AND JOINT REQUEST OF THE PARTIES FOR LIMITED EXTENSION OF NON-EXPERT DISCOVERY DEADLINES ONLY SO AS TO ALLOW FOR PLAINTIFFS REQUESTED DEPOSITION OF THE CITYS PERSON MOST KNOWLEDGEABLE ON K-9 TRAINING ISSUES ONLY filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Proposed Order [PROPOSED] ORDER FOR LIMITED EXTENSION OF NON-EXPERT DISCOVERY DEADLINES ONLY SO AS TO ALLOW FOR PLAINTIFFS REQUESTED DEPOSITION OF THE CITYS PERSON MOST KNOWLEDGEABLE ON K-9 TRAINING ISSUES ONLY)(Sain, Anthony) |
|
Filing 55
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #53 by Judge Maame Ewusi-Mensah Frimpong. The Court hereby orders that the request of: Plaintiff, H.R., a Minor, to substitute Dale K. Galipo, Esq. as attorney of record instead of Douglas A. Linde, Esq.; Erica Allen Gonzales, Esq. (yl)
|
| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Order for (PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #53 . The following error(s) was/were found: The proposed order is to be filed with a Notice of Lodging as an 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. (yl) |
| Filing 53 REQUEST for Order for (PROPOSED) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY filed by Plaintiff H. R.. (Marks, Lawrence) |
| Filing 52 REQUEST TO SUBSTITUTE ATTORNEY Dale K. Galipo in place of attorney Douglas A. Linde filed by Plaintiff H. R.. (Marks, Lawrence) |
|
Filing 51
ORDER GRANTING IN PART STIPULATION AND JOINT REQUEST FOR MODIFICATION OF CASE MANAGEMENT SCHEDULE [ECF NO. #50 ] AND CIVIL TRIAL ORDER by Judge Maame Ewusi- Mensah Frimpong. The Scheduling Order governing this action is set forth in the Schedule of Pretrial and Trial Dates chart. The final pretrial conference is set for March 1, 2023 at 9:00 a.m. the Jury Trial is set for March 20, 2023 at 9:00 a.m. (See document for further dertails) (yl)
|
| Filing 50 STIPULATION for Order STIPULATION AND JOINT REQUEST OF THE PARTIES FOR MODIFICATION OF THE CASE MANAGEMENT SCHEDULE DEADLINES AND RESETTING OF THE VACATED TRIAL DATE filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Proposed Order [PROPOSED] ORDER FOR MODIFICATION OF THE CASE MANAGEMENT SCHEDULE DEADLINES AND RESETTING OF THE VACATED TRIAL DATE)(Sain, Anthony) |
| Filing 49 STATEMENT Defendants' Unilateral Case Management Statement filed by Defendants City of Fullerton, Corporal Jonathan Ferrell (Sain, Anthony) |
|
Filing 48
REASSIGNMENT ORDER by Judge Maame Ewusi-Mensah Frimpong. Please refer to the attached order for complete details. IT IS SO ORDERED. (kd)
|
|
Filing 47
ORDER OF THE CHIEF JUDGE (#22-010) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Maame Ewusi-Mensah Frimpong, this case is transferred from Judge Cormac J. Carney to the calendar of Judge Maame Ewusi-Mensah Frimpong for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-01747-MEMF-JDEx. (sn)
|
|
Filing 46
MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: CORRECTED SCHEDULING ORDER #37 . Having reviewed the parties status report, the Court REOPENS the case and ORDERS as follows: The parties shall have until January 28, 2022 to amend the pleadings or add additional parties. A pretrial conference will be held on Monday, October 17, 2022 at 3:00 PM. Full compliance with Local Rule 16 is required. The case is set for a jury trial, Tuesday, November 8, 2022 at 8:30 AM. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
|
| Filing 45 ANSWER to Amended Complaint/Petition #43 with JURY DEMAND filed by DEFENDANT City of Fullerton, Corporal Jonathan Ferrell.(Sain, Anthony) |
|
Filing 44
PROTECTIVE ORDER RE CONFIDENTIAL DOCUMENTS by Magistrate Judge John D. Early re Stipulation for Order #41 . [See document for further details.] (et)
|
| Filing 43 FIRST AMENDED COMPLAINT against DEFENDANTS All Plaintiffs amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs H. R., C. H., Hector Hernandez(Marks, Lawrence) |
|
Filing 42
ORDER by Judge Cormac J. Carney, Granting Stipulation of the Parties to Allow Plaintiff to File First Amended Complaint for Damages #40 . NOTE: CHANGES MADE BY THE COURT. (twdb)
|
| Filing 41 STIPULATION for Order STIPULATION FOR ENTRY OF PROTECTIVE ORDER RE CONFIDENTAIL DOCUMENT filed by DEFENDANT City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Proposed Order)(Attorney Anthony M Sain added to party Fullerton Police Department(pty:dft))(Sain, Anthony) |
| Filing 40 STIPULATION to Amend Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Attachments: #1 Exhibit 1 Complaint 1st Amended Clean, #2 Exhibit 2 Complaint 1st Amended Redlined, #3 Proposed Order)(Marks, Lawrence) |
|
Filing 39
ORDER by Judge Cormac J. Carney: Granting #38 Request to Substitute Attorney. Added attorney Douglas A Linde for H. R. Attorney Garo Mardirossian and Lawrence D Marks terminated. (twdb)
|
| Filing 38 REQUEST TO SUBSTITUTE ATTORNEY Douglas A. Linde in place of attorney Lawrence D. Marks, Garo Mardirossian on behalf of Plaintiff H.R. only filed by Plaintiff H. R.. (Attachments: #1 Proposed Order) (Marks, Lawrence) |
|
Filing 37
MINUTE ORDER (IN CHAMBERS) ORDER REOPENING CASE AND RESETTING CASE MANAGEMENT SCHEDULE by Judge Cormac J. Carney: Having reviewed the parties' status report, the Court REOPENS the case and ORDERS as follows: #1 The parties shall serve initial disclosures per Federal Rule of Civil Procedure 26(a) by December 17, 2021. #2 The parties shall have until January 28, 2022 to amend the pleadings or add additional parties. #12 A pretrial conference will be held on Monday, October 17, 2022 at 3:00 PM. Full compliance with Local Rule 16 is required. #13 The case is set for a jury trial, Tuesday, November 8, 2022 at 8:30 AM. (see document for further details) (Case reopened. MD JS-5.) (bm)
|
| Filing 36 STATUS REPORT Joint Report re Post-Stay Status filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Sain, Anthony) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Anthony M Sain counsel for Defendant City of Fullerton. Adding Defendant as counsel of record for City of Fullerton and Corporal Jonathan Ferrell for the reason indicated in the G-123 Notice. Filed by Defendant City of Fullerton. (Sain, Anthony) |
| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Anthony M Sain counsel for Defendant City of Fullerton. Adding Tony M. Sain as counsel of record for City of Fullerton and Corporal Jonathan Ferrell for the reason indicated in the G-123 Notice. Filed by Defendant City of Fullerton. (Attorney Anthony M Sain added to party City of Fullerton(pty:dft))(Sain, Anthony) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Patrick Harrison counsel for Defendant City of Fullerton. Filed by Defendant City of Fullerton. (Harrison, Matthew) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Dawn M Flores-Oster counsel for Defendants City of Fullerton, Corporal Jonathan Ferrell. Adding Matthew P. Harrison as counsel of record for City of Fullerton and Corporal Jonathan Ferrell for the reason indicated in the G-123 Notice. Filed by Defendants City of Fullerton and Corporal Jonathan Ferrell. (Flores-Oster, Dawn) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Dawn M Flores-Oster counsel for Defendants City of Fullerton, Corporal Jonathan Ferrell. Adding Dawn M. Flores-Oster as counsel of record for City of Fullerton and Corporal Jonathan Ferrell for the reason indicated in the G-123 Notice. Filed by Defendants City of Fullerton and Corporal Jonathan Ferrell. (Attorney Dawn M Flores-Oster added to party City of Fullerton(pty:dft), Attorney Dawn M Flores-Oster added to party Corporal Jonathan Ferrell(pty:dft))(Flores-Oster, Dawn) |
|
Filing 30
ORDER by Judge Cormac J. Carney: Granting #29 Request to Substitute Attorney. Added attorney Dana Alden Fox for City of Fullerton. Attorney James R Touchstone; Harold W Potter, Jr and Denise L Rocawich terminated. (twdb)
|
| Filing 29 REQUEST TO SUBSTITUTE ATTORNEY Dana Fox in place of attorney James R. Touchstone filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Proposed Order) (Attorney James R Touchstone added to party Corporal Jonathan Ferrell(pty:dft), Attorney James R Touchstone added to party Fullerton Police Department(pty:dft)) (Touchstone, James) |
|
Filing 28
ORDER by Judge Cormac J. Carney, Granting Stipulation to Stay Civil Action Vacate All Current Pre-Trial Dates and Trial Dates (Dkt. #27 ). NOTE CHANGES MADE BY THE COURT. (Made JS-6. Case Terminated.) (twdb)
|
| Filing 27 STIPULATION to Stay Case filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, Fullerton Police Department. (Attachments: #1 Proposed Order)(Attorney Denise L Rocawich added to party Corporal Jonathan Ferrell(pty:dft), Attorney Denise L Rocawich added to party Fullerton Police Department(pty:dft))(Rocawich, Denise) |
| Filing 26 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) David Walsh has been assigned to serve as Panel Mediator. (lst) |
| Filing 25 (IN CHAMBERS) by Judge Cormac J. Carney. The Scheduling Order is corrected as follows: Jury Trial is set for 11/9/2021 at 8:30 a.m. All other dates and deadlines remain as scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY |
|
Filing 24
ORDER REGARDING SETTLEMENT PROCEDURES, PRETRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (cw)
|
|
Filing 23
SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 7/1/2021. Last day to hear Motions 8/30/2021. Last date to conduct settlement conference is 7/15/2021. Pretrial Conference set for 11/1/2021 at 3:00 p.m. Jury Trial set for 11/8/2021 at 8:30 a.m. before Judge Cormac J. Carney. (cw)
|
| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Defendant City of Fullerton.. (Potter, Harold) |
| Filing 21 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on January 14, 2021. (cw) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Hector Hernandez, H. R., C. H., upon Defendant Corporal Jonathan Ferrell served on 10/21/2020, answer due 11/12/2020. Service of the Summons and Complaint were executed upon Tim Kandler - Sergeant, Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Marks, Lawrence) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Hector Hernandez, H. R., C. H., upon Defendant Fullerton Police Department served on 10/21/2020, answer due 11/12/2020. Service of the Summons and Complaint were executed upon Tim Kandler - Sergeant in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Marks, Lawrence) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Hector Hernandez, H. R., C. H., upon Defendant City of Fullerton served on 10/21/2020, answer due 11/12/2020. Service of the Summons and Complaint were executed upon Stephanie Engel - Administrative Assistant in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Marks, Lawrence) |
| Filing 17 CERTIFICATE of Interested Parties filed by Defendants City of Fullerton, Corporal Jonathan Ferrell, identifying City of Fullerton. (Attorney Harold W Potter, Jr added to party Corporal Jonathan Ferrell(pty:dft))(Potter, Harold) |
| Filing 16 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendants City of Fullerton.(Attorney Harold W Potter, Jr added to party City of Fullerton(pty:dft))(Potter, Harold) |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendants City of Fullerton, Does(1 through 50, as peace officers, inclusive), Does(1 through 50, individually), Corporal Jonathan Ferrell, Fullerton Police Department. (twdb) |
|
Filing 14
ORDER by Magistrate Judge John D. Early: granting #6 , #7 APPLICATIONS to Appoint Guardian ad Litem. Appointing Ashley Chadwick as Guardian ad Litem for C.H. and H.R. (hr)
|
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Marks, Lawrence) |
| Filing 12 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: Please put Central District of California. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge John D. Early. (ghap) |
| Filing 9 NOTICE OF LODGING filed re APPLICATION for Appointment of Ashley Chadwick as Guardian ad Litem for H.R. #7 (Attachments: #1 Proposed Order re H.R.)(Marks, Lawrence) |
| Filing 8 NOTICE OF LODGING filed re APPLICATION for Appointment of Ashley Chadwick as Guardian ad Litem for C.H. #6 (Attachments: #1 Proposed Order re C.H.)(Marks, Lawrence) |
| Filing 7 APPLICATION for Appointment of Ashley Chadwick as Guardian ad Litem for H.R. filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Marks, Lawrence) |
| Filing 6 APPLICATION for Appointment of Ashley Chadwick as Guardian ad Litem for C.H. filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Marks, Lawrence) |
| Filing 5 DECLARATION of Ashley Chadwick re Complaint (Attorney Civil Case Opening), #1 Declaration of Ashley Cahdwick as Guardian ad Litem for Minor Plaintiffs C.H. and H.R. as Sucessors in Interest to Hector Hernandez [Cal. Code Civ. Proc. Section 377] filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Marks, Lawrence) |
| Filing 4 Certification and Notice of Interested Parties of Interested Parties filed by Plaintiffs All Plaintiffs, (Marks, Lawrence) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Marks, Lawrence) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs C. H., Hector Hernandez, H. R.. (Marks, Lawrence) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28052693 - Fee: $400, filed by Plaintiffs Hector Hernandez, H. R., C. H.. (Attorney Lawrence D Marks added to party C. H.(pty:pla), Attorney Lawrence D Marks added to party Hector Hernandez(pty:pla), Attorney Lawrence D Marks added to party H. R.(pty:pla))(Marks, Lawrence) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
