Michael George Tater et al v. City of Huntington Beach et al
Plaintiff: Michael Tater, Kyla Staniskis, Kyla Skye Staniskis and Michael George Tater
Defendant: Stephani Williams, Kelli Herrera, City of Huntington Beach, Michael Wagner, Nicole Shogren and DOES 1 through 10, inclusive
Alternative Dispute Resolution (Adr) Provider: Craig R. Breitman
Case Number: 8:2020cv01772
Filed: September 17, 2020
Court: US District Court for the Central District of California
Presiding Judge: John D Early
Referring Judge: Maame Ewusi-Mensah Frimpong
2 Judge: James V Selna
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2023 Filing 213 MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, Order Setting Telephonic Status Conference. Based on Judge Frimpong's referral, the Court sets a telephonic status conference on December 7, 2023, at 10:00 a.m. regarding, among other things, setting deadlines and procedures for hearing any existing discovery disputes regarding store surveillance videos, any contemplated summary judgment motions, and potential alternative dispute resolution procedures. The parties may, but are not required, to file, by no later than November 30, 2023, a Status Report of no more than two (2) pages, regarding their respective positions regarding procedures and schedules for the foregoing matters. Such optional Status Reports, if filed, shall not include the parties' respective positions regarding the substance of any dispute or anticipated motion or any position regarding settlement. The dial-in information for the telephonic status conference on December 7, 2023, at 10:00 a.m. is: (877) 810-9415 Access Code: 3152560. Mr. Tater and counsel for Defendants are ordered to dial-in at or immediately before that date and time. (mba)
November 8, 2023 Opinion or Order Filing 212 ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge Maame Ewusi-Mensah Frimpong. Reference of discovery to Magistrate Judge John D. Early is vacated. Case transferred to the calendar of Magistrate Judge John D. Early for Report and Recommendation. Case number now reads as 8:20-cv-01772 MEMF(JDE). (rn)
November 8, 2023 Filing 211 MINUTES OF ORDER TO SHOW CAUSE AND FURTHER PRETRIAL CONFERENCE hearing held before Judge Maame Ewusi-Mensah Frimpong. The case is called and counsel state their appearance. The Comt and counsel confer about the status of the case. The Order to Show Cause is discharged. At the hearing, Tater made an oral request for a continuance in light of his medical condition. The Court GRANTS the request and, in light of the changed scope of the case, ORDERS reopening of the following time periods: (1) the period of time for filing and hearing motions for summary judgment; (2) the period for hearing discove1y disputes regarding the store surveillance videos only; and (3) the period for completing a settlement conference. (SEE DOCUMENT FOR FURTHER DETAILS.) Court Recorder: CS 11-8-23. (rolm)
November 6, 2023 Filing 210 RESPONSE filed by Plaintiff Michael George Taterto Minutes of In Chambers Order/Directive - no proceeding held, #205 (rolm)
November 6, 2023 Filing 209 SCHEDULING NOTICE TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The Court, on its own motion, advances the time of the Order to Show Cause Hearing and the Final Pretrial Conference set for November 8, 2023 at 9:00 a.m. to 1:00 p.m. before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
October 27, 2023 Opinion or Order Filing 208 (IN CHAMBERS) ORDER TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The Court is in receipt of Defendants response to the Courts order re Taters voicemail, and has considered Defendants objections to staying the trial date. ECF No. 207. Accordingly, the Court hereby orders that Taters deadline to respond in writing to the Courts Order to Show Cause (ECF No. 205) is continued to Monday, November 6, 2023. The hearing on the Order to Show Cause is continued to Wednesday, November 8, 2023, at 9:00 am. At the Defendants request, trial shall remain scheduled for November 13, 2023. Accordingly, a further final pretrial conference shall be held during the same hearing on 11/8/23, and both parties must appear in person. Taters written response to the Courts Order to Show Cause (due 11/6/23) must include all of the following: (1) an explanation of why did not appear in person at the 10/25/23 final pretrial conference; (2) an explanation of why he apparently was out of town for 10/25/23 final pretrial conference despite having notice of it; (3) an explanation of why he appeared to disconnect the call after being permitted to appear telephonically at the 10/25/23 final pretrial conference; (4) proof that he was involved in a car accident, including the time and location of the accident; (5) an updated list of witnesses and exhibits he intends to present at trial (in light of the fact that only his one claim remains); and (6) whether he is amenable to further settlement discussions. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
October 27, 2023 Filing 207 DECLARATION of Nadin S. Said re Text Only Scheduling Notice,,, 206 filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Said, Nadin)
October 26, 2023 Opinion or Order Filing 206 (IN CHAMBERS) ORDER TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: On October 26, 2023, the Court received an ex parte voicemail from Plaintiff Michael Tater (Tater). The voicemail explained that Tater had been injured in a car accident and would likely require more time to respond to the Courts Order to Show Cause (ECF No. #205 ), which currently requires a response by Monday October 30, 2023. The Court is inclined to stay trial in this matter, to give Tater until Monday November 6, 2023, to respond in writing to the Courts Order to Show Cause, and to hold a hearing on the Order to Show Cause on Wednesday November 8, 2023. Should Defendants have any objection to this proposal, they must file a response by 10:00 am on Friday October 27, 2023. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
October 25, 2023 Filing 205 Final Pretrial Conference (Held and Completed) by Judge Maame Ewusi-Mensah Frimpong. Tater is ORDERED TO SHOW CAUSE as to why his claims should not be dismissed for failure to prosecute in light of his non-appearance at the final pretrial conference. Tater must file a written response to this Order by Monday October 30, 2023 explaining why he failed to appear at the final pretrial conference and whether he is prepared to proceed with trial on November 13, 2023, as currently scheduled. Failure to timely or adequately respond to this Order, or failure to attend the hearing described below, may, without further warning, result in the Court dismissing this action. The Court hereby ORDERS that a hearing shall be held on the Order to Show Cause and for a further final pretrial conference on Wednesday November 1, 2023, at 9:00 am. Tater must appear in person at this hearing. Counsel for Defendants is permitted to appear via zoom (per the guidelines and through the link on the Courts website). Counsel for Staniskis need not appear. The Court further ORDERS that all deadlines with respect to Staniskis are STAYED in light of Staniskis's settlement of her claims. By December 15, 2023, Staniskis shall file either a notice of dismissal or a status update regarding settlement. IT IS SO ORDERED. (yl)
October 25, 2023 Filing 204 NOTICE of Settlement Notice of Settlement as to Plaintiff Kyla Skye Staniskas Only filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
October 20, 2023 Filing 203 STATEMENT re Trial Document Filings (Joint) filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,,, #198 . (Said, Nadin)
October 20, 2023 Filing 202 PROPOSED JURY INSTRUCTIONS filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams.. (Said, Nadin)
October 20, 2023 Filing 201 TRIAL BRIEF filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams.. (Said, Nadin)
October 18, 2023 Filing 200 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance, #199 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. 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)
October 18, 2023 Filing 199 NOTICE of Appearance filed by attorney Lauren L. Rose on behalf of Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams (Attorney Lauren L. Rose added to party City of Huntington Beach(pty:dft), Attorney Lauren L. Rose added to party Kelli Herrera(pty:dft), Attorney Lauren L. Rose added to party Michael Wagner(pty:dft), Attorney Lauren L. Rose added to party Stephani Williams(pty:dft))(Rose, Lauren)
October 17, 2023 Opinion or Order Filing 198 Second Minute Order re Pretrial Filings by Judge Maame Ewusi-Mensah Frimpong. The parties are hereby ORDERED, by Friday October 20, 2023, to meet and confer and file one joint statement that clearly identifies the operative version of all pretrial filings (as listed in the Courts previous Order). For joint filings, the parties must identify one version that all parties intend to stand on. If the parties cannot agree on one previously filed version, they must file a new joint document. The joint statement should also clearly identify the operative versions of individual filings (even if already identified in the separate statements). This joint filing should also make clear whether Staniskis opposes Defendants' Motion in Limine No. 4, and whether the parties believe any further decision is necessary on the previously-ruled-upon Motions in Limine. Tater is ORDERED to meet and confer with the other parties and join in the joint statement described above, unless he is unable to agree on joint filings, in which case he should file a separate statement describing as such. Tater is also ORDERED, by Friday October 20, 2023, to identify the operative versions of his own pretrial filings, as discussed in the Court's previous Order. Tater may stand on documents Staniskis previously filed if he so chooses. If Tater opposes Defendants' Motion in Limine No. 4 (ECF No. 190), Tater is ORDERED to file an opposition by October 20, 2023. Finally, the Court notes the parties appear not to have emailed in word documents of their various pretrial filings as required by the Court. All parties are ORDERED, by Friday October 13, 2023, to send word document versions of all operative pretrial filings to MEMF_Chambers@cacd.uscourts.gov. (yl)
October 17, 2023 Filing 197 Notice of Appearance or Withdrawal of Counsel: for attorney Michael J Vigliotta counsel for Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Michael J. Vigliotta 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 City of Huntington Beach, Kelli Herrera, Michael Wagner, Nicole Shogren, and Stephani Williams. (Vigliotta, Michael)
October 13, 2023 Filing 196 RESPONSE filed by Plaintiff Kyla Skye Staniskis Plaintiff Kyle Skye Staniskis's Response to the Court's Order (Dkt. 191) (Sehat, Cameron)
October 13, 2023 Filing 195 STATUS REPORT RE SETTLEMENT filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Lumm, Ryan)
October 13, 2023 Filing 194 OBJECTIONS [EVIDENTIARY] filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Lumm, Ryan)
October 13, 2023 Filing 193 AMENDED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Lumm, Ryan)
October 13, 2023 Filing 192 DECLARATION of Nadin S. Said re Minutes of In Chambers Order/Directive - no proceeding held,,,,, #191 re Trial Document Filings filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Lumm, Ryan)
October 10, 2023 Opinion or Order Filing 191 MINUTE ORDER Re Pretrial Filings by Judge Maame Ewusi-Mensah Frimpong. The Court notes that the parties previously made various pretrial filings in April and May of 2023. The Court understands that the parties may be intending to stand on those previous filings, and accordingly did not make new filings on September 27, 2023. The parties are reminded that the following documents are required: First Round of Trial Filings: a. Motions in Limine; b. Memoranda of Contentions of Fact and Law; c. Witness Lists; d. Joint Exhibit lists; e. Joint Status Report Regarding Settlement and; f. Proposed Findings of Fact and Conclusions of Law. The Second Round of Trial Filings: a. Oppositions to Motions in Limine; b. Joint Proposed Final Conference Order; c. Joint Agreed Upon Proposed Jury Instructions; d. Disputed Proposed Jury Instructions; e. Joint Proposed Verdict Forms; f. Joint Proposed Statement of the Case; g. Proposed Voir Dire Questions and; h. Evidentiary Objections. The parties are hereby ORDERED to meet and confer regarding trial filings, and by 5:00 pm on Friday October 13, 2023. Plaintiff Michael Tater is reminded that although he is proceeding pro se, he is obligated to participate in the meet and confer described above, and is obligated to make all required trial filings. (See document for further details) (yl)
October 5, 2023 Filing 190 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Improper Opinions by Expert Gabler filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Motion set for hearing on 10/25/2023 at 09:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order Proposed Order re MIL No. 4 to Preclude Improper Opinions by Expert Gabler)(Said, Nadin)
July 1, 2023 Filing 189 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #188 . The following error(s) was/were found: Incorrect document is attached to the docket entry. 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)
June 28, 2023 Filing 188 Notice of Appearance or Withdrawal of Counsel: for attorney Cameron Sehat counsel for Plaintiff Kyla Skye Staniskis. Kelly Hatfield is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Kelly Hatfield. (Sehat, Cameron)
June 8, 2023 Filing 187 MINUTES of Hearing re Request for Expedited Resolution of Discovery Disputes, settling #179 Request for Hearing as to Expedited Resolution of Discovery Disputes; held before Magistrate Judge John D. Early. (see document for details) Court Recorder: CS 06/08/23. (hr)
June 7, 2023 Filing 186 RESPONSE filed by Plaintiff Kyla Skye Staniskisto Miscellaneous Document #168 PLAINTIFF KYLA STANISKIS' RESPONSE TO DEFENDANTS' MEMORANDUM RE AFFIRMATIVE DEFENSES (Sehat, Cameron)
June 6, 2023 Filing 185 DECLARATION of Nadin S. Said re Notice (Other) #181 filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Said, Nadin)
June 5, 2023 Filing 184 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice (Other) #182 by Magistrate Judge John D. Early. The document is stricken. (mba)
June 5, 2023 Filing 183 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Notice (Other) #182 . The following error(s) was/were found: Other error(s) with document(s): Incomplete duplicate filing. 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. (mba)
June 2, 2023 Filing 182 ***STRICKEN*** see #184 Notice filed by Plaintiff Michael George Tater. (mba) Modified on 6/5/2023 (mba).
June 2, 2023 Filing 181 Plaintiff Michael Tater's Position re Discovery Disputes, filed by Plaintiff Michael George Tater. (mba)
June 2, 2023 Opinion or Order Filing 180 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early: re: Notice #179 . On June 1, 2023, Defendants counsel and Mr. Tater filed Notice of Request for Expedited Resolution of Discovery Disputes (Dkt. 179, "Joint Notice") setting forth four "agreements" that they reached. The Joint Notice does not provide all of the information required by the Order. Nonetheless, from the Joint Notice, it appears that the parties have no current dispute regarding any prior written discovery request as the parties describe agreements regarding the production of certain video footage and do not set forth any discovery request, response, or argument in disputematerial that the Order required to be set forth in the Joint Notice if the parties had any such dispute. As such, the Court concludes that there is no current dispute regarding any prior discovery request or response. As a result, the Court ORDERS counsel for Defendants to file a further Notice by June 6, 2023, advising whether the parties have agreed with each other and the two experts for deposition dates by June 30, 2023, specifying those dates.(see document for further details) (mba)
June 1, 2023 Filing 179 REQUEST for Hearing as to Expedited Resolution of Discovery Disputes re Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines/Hearings,,,, #170 filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. Request set for hearing on 6/8/2023 at 10:00 AM before Magistrate Judge John D. Early.(Said, Nadin)
May 24, 2023 Opinion or Order Filing 178 AMENDED CIVIL TRIAL ORDER by Judge Maame Ewusi-Mensah Frimpong. This Amended Civil Trial Order supersedes and replaces the Civil Trial Order issued by this Court on May 31, 2022, and found at ECF No. #70 . The Scheduling Order governing this action is set forth in the Schedule of Pretrial and Trial Dates chart. The Jury Trial is set for 11/13/2023 at 8:30 AM. The Second Final Pretrial Conference is set for October 25, 2023. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied. IT IS SO ORDERED. (See document for further details) (yl)
May 24, 2023 Filing 177 STATEMENT statement of the case filed by Plaintiff Kyla Skye Staniskis (Sehat, Cameron)
May 24, 2023 Filing 176 Witness List filed by plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
May 24, 2023 Filing 175 NOTICE OF MOTION AND MOTION for Pretrial Conference filed by plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
May 24, 2023 Filing 174 PROPOSED JURY INSTRUCTIONS (unannotated set) filed by plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
May 24, 2023 Filing 173 PROPOSED Special JURY VERDICT filed by plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
May 24, 2023 Filing 172 Proposed Voir Dire Questions filed by plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
May 24, 2023 Filing 171 Joint Exhibit List filed by plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
May 24, 2023 Opinion or Order Filing 170 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, re: Briefing and Hearing Regarding Discovery Issues Identified at Final Pretrial Conference #161 . At the Final Pretrial Conference on May 10, 2023, Judge Frimpong ordered, among other things, that "discovery shall be reopened for fourteen (14) days for the limited purpose of the parties presenting to the assigned Magistrate Judge their various discovery disputes and requests for discovery," further noting that if the Magistrate Judges schedule "cannot accommodate the parties within fourteen days, then this extension shall be for thirty (30) days. Dkt. 161 at 2, n.1. As of the date of this Order, 14 days from the date of the Final Pretrial Conference, no party or counsel has contacted the assigned Magistrate Judge to present any discovery dispute or issue. To accommodate the parties and to promote the expeditious determination of any remaining discovery disputes in accordance with Judge Frimpong's May 10, 2023 Order, the assigned Magistrate Judge directs the parties to comply with the following briefing and hearing schedule regarding such matters:(see document for further details) (mba)
May 24, 2023 Filing 169 OBJECTIONS TO PLAINTIFF'S PROPOSED DISPUTED JURY INSTRUCTIONS filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Said, Nadin)
May 24, 2023 Filing 168 DEFENDANTS' MEMORANDUM RE AFFIRMATIVE DEFENSES filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams (Said, Nadin)
May 24, 2023 Filing 167 PROPOSED JURY INSTRUCTIONS filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams.. (Said, Nadin)
May 24, 2023 Filing 166 PROPOSED SPECIAL JURY VERDICT filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams. (Said, Nadin)
May 24, 2023 Filing 165 Proposed Voir Dire Questions filed by Defendants City of Huntington Beach, Kelli Herrera, Michael Wagner, Stephani Williams.. (Said, Nadin)
May 24, 2023 Filing 164 IN CHAMBERS-CLARIFICATION ON THE SCOPE OF MICHAEL TATER'S CLAIM AT TRIAL by Judge Maame Ewusi-Mensah Frimpong. The Court has already ruled that Plaintiff Michael Tater is not precluded at this stage from presenting evidence or testimony regarding his independent autopsy or the video analysis. ECF No. 159. The possible additional discovery permitted by the Court as a result of the Final Pretrial Conference may yield yet additional evidence. Plaintiff Michael Tater may seek to introduce this evidence and Defendants may seek to preclude it through additional motions in limine. The Court will rule on those issues as they arise. Similarly, the discovery Defendants intend to conduct regarding Dr. Duong and Mr. Gabler may yield additional good cause to exclude their testimony. If so, Defendants may seek to preclude their testimony through additional motions in limine, which this Court will rule on in due course. IT IS SO ORDERED. (See document for further details) (yl)
May 22, 2023 Filing 163 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court re-sets the Jury Trial to 11/13/2023 at 8:30 AM. A separate order regarding the deadlines for pretrial filings shall issue. Counsel shall take notice of this new trial date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
May 11, 2023 Filing 162 Minute Order on Parties' Proposed Voir Dire Questions held before Judge Maame Ewusi-Mensah Frimpong. As discussed in the Court's Order of May 10, 2023, the parties are to meet and confer and file within 2 weeks either (1) a joint list of no more than twenty (20) proposed voir dire questions, agreed upon by Plaintiff Michael Tater, Plaintiff Kyla Staniskis, and Defendants; or (2) separate lists of proposed voir dire questions, with each side submitting no more than five (5) for a total of fifteen (15). The requests to include the following as possible voir dire questions are DENIED. The requests to include the following as possible voir dire questions are DENIED. (See document for further details) Court Reporter: Wil Wilcox. (yl)
May 11, 2023 Filing 160 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #151 . The following error(s) was/were found: Proposed orders SHALL NOT have counsel's name, address, and phone number in the upper left corner. Please refer to the Judge's Procedure page at http://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong for counsel to review the Proposed Order Sample. A new proposed order must be re-submitted in accordance with the Judge's procedures and posted sample. (yl)
May 10, 2023 Filing 161 FINAL PRETRIAL CONFERENCE (Held) before Judge Maame Ewusi-Mensah Frimpong: Based upon the various requests of the parties, the Court ORDERS that discovery shall be reopened for fourteen (14) days for the limited purpose of the parties presenting to the assigned Magistrate Judge their various discovery disputes and requests for discovery.1 Should the Magistrate Judge determine that any additional discovery is warranted, the Court will consider a request (preferably one stipulated to by all of the parties) to reopen discovery through the end of June to complete whatever discovery the Magistrate Judge has determined is appropriate. The request for a trial continuance is GRANTED. Within two (2) weeks of the date of this Order, the parties shall meet and confer and propose to the Court a number of trial dates beginning in September 2023. The Court will endeavor, as soon as possible, to set a new trial date. In light of the posture of this case and the need to be as prepared as possible for any settlement conference or trial, the parties are ORDERED to meet and confer and file and email within two (2) weeks of the date of this Order the following: A statement identifying the party or parties who will be responsible for providing masks to witnesses and whether witnesses will wear standard masks, clear masks, or face shields; An updated joint proposed Final Pretrial Conference Order; A joint witness list; A joint jury instruction; A joint verdict form; An updated joint statement of the case; A joint proposal regarding time limits for the trial. The parties are ORDERED to meet and confer on this issue. Within two (2) weeks of the date of this Order, Defendants shall file a Motion addressing what defenses remain, upon what legal justification those defenses remain, and whether these are appropriate for decision. Any oppositions to this request are to be to be filed within two (2) weeks of the filing of the Motion. (See document for further details) Court Reporter: Wil Wilcox. (yl)
May 10, 2023 Opinion or Order Filing 159 ORDER ON DEFENDANT'S CITY OF HUNTINGTON BEACH, STEPHANI WILLIAMS, MICHAEL WAGNER, NICOLE SHOGREN, AND KELLI HERRERAS' MOTIONS IN LIMINE [ECF NOS. 124-126] AND PLAINTIFF KYLA STANISKISS' MOTIONS IN LIMINE [ECF NOS. 129-130] by Judge Maame Ewusi-Mensah Frimpong. Before the Court are three (3) motions in limine filed by Defendants City of Huntington Beach, Stephani Williams, Michael Wagner, Nicole Shogren, and Kelli Herrera (collectively, "Defendants") (ECF Nos. 124-126) and two (2) motions in limine by Plaintiff Kyla Staniskis ("Staniskis") (ECF Nos. 129-130. For the reasons stated herein, the Court GRANTS the motions in part and DENIES the motions in part. (SEE DOCUMENT FOR FURTHER DETAILS) (yl) Modified on 5/11/2023 (yl).
May 10, 2023 Filing 158 MINUTES In Chambers Ex Parte Application to Substitute Patrick Ellis #96 by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Ex Parte Application is DENIED. See minute order for details. (lom)
May 8, 2023 Filing 157 Witness List filed by Plaintiff Michael George Tater. (yl)
May 8, 2023 Filing 156 PLAINTIFF MICHAEL TATER'S JOINDER OF PLAINTIFF KYLA SKYE'S PROPOSED JURY INSTRUCTIONS AND SPECIAL VERDICT FORMS filed by Plaintiff Michael George Tater. (yl)
May 8, 2023 Filing 155 PLAINTIFF MICHAEL TATER'S MEMORANDA OF CONTENTIONS IN FACT AND LAW filed by Plaintiff Michael George Tater. (yl)
May 8, 2023 Opinion or Order Filing 154 ORDER GRANTING IN PART MOTION FOR SUMMARY JUDGMENT [ECF NO. 76] by Judge Maame Ewusi-Mensah Frimpong. In light of the foregoing, the Court hereby ORDERS as follows: Defendants' Request for Judicial Notice is GRANTED; Plaintiffs' Request for Judicial Notice is DENIED; The Court's Findings of Fact are ESTABLISHED for trial; and The Motion for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment, is GRANTED IN PART. IT IS SO ORDERED. (See document for further details) (yl)
May 8, 2023 Filing 153 AMENDED JOINT Exhibit List filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams.. (Said, Nadin)
May 8, 2023 Filing 152 DECLARATION of Nadin S. Said re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #147 [AMENDED] filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
May 8, 2023 Filing 151 AMENDED Proposed Pretrial Conference Order filed by Plaintiff Kyla Skye Staniskis (Sehat, Cameron)
May 8, 2023 Filing 150 DECLARATION of Nadin S. Said re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, #147 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
May 8, 2023 Filing 149 Proposed Voir Dire Questions filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams.. (Said, Nadin)
May 8, 2023 Filing 148 PROPOSED JURY INSTRUCTIONS filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams.. (Said, Nadin)
May 4, 2023 Opinion or Order Filing 147 MINUTE ORDER IN CHAMBERS re Minutes Order Addressing Deficiencies in Parties' Pre-Trial Filings by Judge Maame Ewusi-Mensah Frimpong: The parties in this case were required to file various documents by April 12, 2023 and April 26, 2023, in advance of the upcoming trial. See ECF No. 70 (Civil Trial Order describing required documents for each round of Trial Filings); ECF No. 114 (continuing deadline for first round of trial filings to April 12, 2023, and deadline for second round of trial filings to April 26, 2023). The parties have failed to file all required documents, as described in more detail below. All parties are hereby ORDERED to cure the deficiencies described below and file all required documents by 12:00 p.m. pacific time on Monday May 8, 2023. All parties- including Plaintiff Michael George Taterare also ORDERED to attend, or have their counsel attend, the Pre Trial Conference at 9:00 a.m. pacific time on May 10, 2023. (see document for further details) (bm)
April 26, 2023 Filing 146 Opposition opposition re: MOTION IN LIMINE (#2) to Preclude Improper Opinions of Plaintiff's Retained Expert Oona Appel Psy.D #125 filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
April 26, 2023 Filing 145 To Def. Motion in Limine #1 opposition re: MOTION IN LIMINE (#1) to Preclude Improper Opinions of Plaintiff's Retained Expert Roger Clark #124 filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
April 26, 2023 Filing 144 PROPOSED JURY INSTRUCTIONS (Clean set) filed by plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
April 26, 2023 Filing 143 PROPOSED JURY VERDICT filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
April 26, 2023 Filing 142 Proposed Voir Dire Questions filed by plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
April 26, 2023 Filing 141 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Kyla Skye Staniskis. Joint (Sehat, Cameron)
April 26, 2023 Filing 140 OBJECTIONS to Jury Instructions (Proposed) #139 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
April 26, 2023 Filing 139 PROPOSED JURY INSTRUCTIONS (Unnanotated set) filed by Plaintiff Kyla Skye Staniskis, Michael George Tater.. (Sehat, Cameron)
April 26, 2023 Filing 138 STATEMENT Joint Statement of Case filed by Plaintiffs Kyla Skye Staniskis, Michael George Tater (Sehat, Cameron)
April 26, 2023 Filing 137 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Kyla Skye Staniskis, Michael George Tater. (Sehat, Cameron)
April 26, 2023 Filing 136 Proposed Voir Dire Questions filed by Plaintiff Kyla Skye Staniskis, Michael George Tater.. (Sehat, Cameron)
April 26, 2023 Filing 135 Opposition re: Second MOTION IN LIMINE (#2) to Exclude References to restraining orders, et al. #130 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
April 26, 2023 Filing 134 Opposition re: First MOTION IN LIMINE (#1) to Exclude references to drug use, et al. #129 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
April 14, 2023 Filing 133 JOINT Exhibit List filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams.. (Said, Nadin)
April 14, 2023 Filing 132 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: First MOTION IN LIMINE (#1) to Exclude references to drug use, et al. #129 , Second MOTION IN LIMINE (#2) to Exclude References to restraining orders, et al. #130 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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)
April 13, 2023 Filing 131 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
April 12, 2023 Filing 130 NOTICE OF MOTION AND Second MOTION IN LIMINE (#2) to Exclude References to restraining orders, et al. filed by Plaintiff Kyla Skye Staniskis. Motion set for hearing on 5/10/2023 at 03:00 PM before Judge Maame Ewusi-Mensah Frimpong.(Sehat, Cameron)
April 12, 2023 Filing 129 NOTICE OF MOTION AND First MOTION IN LIMINE (#1) to Exclude references to drug use, et al. filed by Plaintiff Kyla Skye Staniskis. Motion set for hearing on 5/10/2023 at 03:00 PM before Judge Maame Ewusi-Mensah Frimpong.(Sehat, Cameron)
April 12, 2023 Filing 128 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
April 12, 2023 Filing 127 Witness List filed by Plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
April 12, 2023 Filing 126 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Preclude Plaintiff Michael Tater from Calling Witnesses Not Properly Disclosed filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Motion set for hearing on 5/10/2023 at 09:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order Proposed Order re Defendants' Motion in Limine No. 3)(Said, Nadin)
April 12, 2023 Filing 125 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Improper Opinions of Plaintiff's Retained Expert Oona Appel Psy.D filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Motion set for hearing on 5/10/2023 at 09:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order Proposed Order re Defendants' Motion in Limine No. 2)(Said, Nadin)
April 12, 2023 Filing 124 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Improper Opinions of Plaintiff's Retained Expert Roger Clark filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Motion set for hearing on 5/10/2023 at 09:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order Proposed Order re Defendants' Motion in Limine No. 1)(Said, Nadin)
April 12, 2023 Filing 123 Witness List filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams.. (Said, Nadin)
April 11, 2023 Filing 122 DECLARATION of Nadin S. Said in Support of Extending Time to Exchange Trial Documents filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
March 3, 2023 Filing 121 Objection to Plaintiff Tater's Exhibits in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Attachments: #1 Proposed Order Proposed Order Granting Objections to Plaintiff Tater's Exhibits)(Said, Nadin)
March 3, 2023 Filing 120 STATEMENT of Reply Separate Statement (re Pltf Tater) in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
February 28, 2023 Filing 118 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
February 24, 2023 Filing 119 PLAINTIFF'S SEPARATE STATEMENT OF DISPUTED AND ADDITIONAL UNDISPUTED FACTS. (yl)
January 19, 2023 Opinion or Order Filing 117 (IN CHAMBERS) ORDER RE REQUEST FOR EXTENSION TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT #115 by Judge Maame Ewusi-Mensah Frimpong. On October 12, 2022, the Court granted counsel's Motion to Withdraw and permitted Mr. Tater thirty (30) days to obtain separate counsel. ECF No. #106 . Pursuant to the Court's October 12th Order, Mr. Tater had until November 11, 2022, to obtain counsel. To the Court's knowledge, Mr. Tater has not yet obtained counsel. On January 13, 2023, over two months after the deadline to obtain counsel had passed, Mr. Tater filed the instant Request. ECF No. #115 . On January 17, 2023, Defendants filed an Opposition to the Request. ECF No. #116 . In light of Mr. Tater's pro se status and reasons outlined in his Request, the Court is inclined to grant Mr. Tater additional time to file any opposition to Defendants' Motion for Summary Judgement. However, considering the delay in submitting this Request, and the reasons raised by the Defendants, the Court only finds good cause to extend the deadline to file any opposition to February 24, 2023. Defendants shall then have until March 8, 2023, to submit any Reply. IT IS SO ORDERED. (yl)
January 18, 2023 Filing 116 Opposition to Plaintiff Tater's re: REQUEST for Extension of Time to File Opposition to Motion for Summary Judgment #115 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
January 13, 2023 Filing 115 REQUEST for Extension of Time to File Opposition to Motion for Summary Judgment filed by Plaintiff Michael George Tater. (yl)
January 9, 2023 Opinion or Order Filing 114 MINUTE ORDER CONTINUING TRIAL DATES (IN CHAMBERS) by Judge Maame Ewusi-Mensah Frimpong. The Court, on its own motion, CONTINUES the following Pre-Trial and Trial Deadlines: The Jury trial is set for 5/29/2023 at 8:30 AM. The Final Pretrial Conference is set for 5/10/2023 at 9:00 a.m. all other Pre-Trial deadlines in place shall remain the same. IT IS SO ORDERED. (See document for further details) (yl) Modified on 1/9/2023 (yl).
December 7, 2022 Filing 113 SEALED DOCUMENT (bm)
November 30, 2022 Filing 112 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
October 25, 2022 Opinion or Order Filing 111 MINUTE ORDER (IN CHAMBERS) ORDER RE STIPULATION TO CONTINUE EXPERT DISCOVERY [ECF NO. #107 ] by Judge Maame Ewusi-Mensah Frimpong. Having considered the failure to meet and confer, the Court will wait to consider the Stipulation until after the deadline has passed for Michael Tater to obtain new counsel per the Court's Order Granting Motion to Withdraw. ECF No. 106. The Parties are ordered to meet and confer with Michael Tater and/or his counsel at that time and submit a statement stating his position if they still wish the Stipulation to be considered. IT IS SO ORDERED. (yl)
October 14, 2022 Filing 110 NOTICE OF LODGING filed re Stipulation for Order, #107 (Attachments: #1 Proposed Order Proposed Order Extending Expert Discovery Cut Off)(Said, Nadin)
October 14, 2022 Filing 109 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation for Order, #107 . The following error(s) was/were found: Proposed orders SHALL NOT have counsel's name, address, and phone number in the upper left corner. Please refer to the Judge's Procedure page at http://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong for counsel to review the Proposed Order Sample. A new proposed order must be re-submitted in accordance with the Judge's procedures and posted sample. (yl)
October 12, 2022 Filing 107 STIPULATION for Order to Extend Expert Discovery Cut-Off filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Attachments: #1 Proposed Order Proposed Order Extending Expert Discovery Cut Off)(Said, Nadin)
October 12, 2022 Opinion or Order Filing 106 ORDER GRANTING MOTION TO WITHDRAW by Judge Maame Ewusi-Mensah Frimpong #102 . Before the Court is a Motion to Withdraw filed by the Sehat Law Firm. ECF No. 102. For the reasons stated herein, the Court GRANTS the Motion to Withdraw. In light of the foregoing reasons, the Court hereby GRANTS the Motion for Leave toWithdraw as Counsel and ORDERS as follows: 1. In light of what was discussed during the in camera portion of the hearing, the Court shall allow Michael Tater thirty (30) days from the date of this Order to obtain separate counsel; 2. Sehat shall, to the extent permitted by the applicable California Rules of Professional Conduct, direct Michael Tater to appropriate resources and guidance for obtaining new counsel. IT IS SO ORDERED. (See document for further details) Attorney Sehat terminated. (yl)
October 6, 2022 Filing 108 MINUTES OF Motion Hearing held before Judge Maame Ewusi-Mensah Frimpong: Case called. Court clears courtroom of all persons except staff and partiesfor plaintiffs. The record as to this portion of the hearing is ordered sealed. All interested parties re-enter the Courtroom. Court and counsel confer re: the Motion for Summary Judgment or in the alternative, Partial Summary Judgment, by Defts City of Huntington Beach, Stephani Williams, Michael Wagner, Nicole Shogren, and Kelli Herrera #76 , the Request for Judicial Notice re: MSJ #77 , the Ex Parte Application to Substitute Patrick Ellis for Defendant Doe filed by plaintiff Kyla Skye Staniskis #96 , and the Request of Cameron Sehat to Withdraw as Attorney filed by Cameron Sehat #102 . The Court tentatively grants the Request of Cameron Sehat to Withdraw as Attorney #102 . The Court grants Plaintiff Michael Tater 30 days to locate new counsel. New counsel, if located, shall file a statement as to the status of this case, and his position with respect to the pending Motion for Summary Judgment. At that time, a separate Court order shall issue regarding the schedule for the case. Court Reporter: Laura Elias. (lc)
October 5, 2022 Filing 105 Notice of Appearance or Withdrawal of Counsel: for attorney Cameron Sehat counsel for Plaintiff Kyla Skye Staniskis. Sarah Kahn is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Kyla Staniskis. (Sehat, Cameron)
October 3, 2022 Filing 104 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court has reviewed Sehat Law Firm's Motion to Withdraw as Counsel #102 . This matter is set for a hearing on October 6, 2022, at 9:30 am, along with the previously scheduled further oral argument on the Defendants' Motion for Summary Judgment #76 in Courtroom 8B of the First Street Courthouse, 350 West First Street, Los Angeles, CA 90012. Given the nature of the proceeding, the Court ORDERS that all Plaintiffs and Plaintiffs' counsel be personally present at the hearing. Accordingly, Plaintiff Kyla Staniskis's Request for Remote Virtual Appearance #103 is DENIED. The parties and their counsel are advised to be prepared to answer the following questions: (1) Plaintiff Michael Tater and Plaintiffs' Counsel Only: Per Local Rule 83-2.3.2, what good cause exists to support this motion for leave to withdraw as counsel? The Court will permit an in camera hearing to discuss this matter as needed; (2) All: Per Local Rule 83-2.3.5, if the Motion for Withdrawal is granted, will there be any foreseeable delay in the case schedule? IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
September 30, 2022 Filing 103 REQUEST TO APPEAR REMOTELY filed by Plaintiff Kyla Skye Staniskis re: Text Only Scheduling Notice, 101 (Sehat, Cameron)
September 30, 2022 Filing 102 First REQUEST of Cameron Sehat to Withdraw as Attorney filed by Plaintiff Michael George Tater. (Sehat, Cameron)
September 29, 2022 Filing 101 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court sets further oral argument on the above case for 10/06/2022 at 9:30 AM before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
September 22, 2022 Filing 100 MOTION HEARING (Held and Completed) #76 #77 before Judge Maame Ewusi-Mensah Frimpong. The Court takes the matter under submission. A separate order shall issue. Mr. Sehat is also ordered to file an appropriate request to withdraw as counsel for Mr. Tater by Friday, September 30, 2022. (See document for further details) Court Recorder: Courtsmart. (yl)
September 20, 2022 Filing 99 DECLARATION of Nicole Kimmitt in support of Opposition to EX PARTE APPLICATION to Substitute Patrick Ellis for Defendant DOE #96 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
September 20, 2022 Filing 98 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court is in receipt of Plaintiff's Ex Parte Application #96 concerning the addition of Patrick Ellis as a Defendant, as well as Defendants' Opposition #97 . The parties should be prepared to address this Ex Parte Application at the hearing set for September 22, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
September 16, 2022 Filing 97 MEMORANDUM in Opposition to EX PARTE APPLICATION to Substitute Patrick Ellis for Defendant DOE #96 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
September 15, 2022 Filing 96 EX PARTE APPLICATION to Substitute Patrick Ellis for Defendant DOE filed by plaintiff Kyla Skye Staniskis. (Attachments: #1 Declaration Decl. of C. Sehat ISO Ex Parte App, #2 Exhibit Exh. A-G, #3 Proposed Order Proposed Order Granting Ex Parte Application) (Sehat, Cameron)
September 14, 2022 Filing 95 DECLARATION of Cameron Sehat in opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 SUPPLEMENTAL DECLARATION OF CAMERON SEHAT IN SUPPORT OF PLAINTIFF'S OPPOSITIONS TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Kyla Skye Staniskis. (Attachments: #1 Exhibit, #2 Exhibit)(Sehat, Cameron)
September 1, 2022 Filing 94 Opposition to Plaintiff's Request for Judicial Notice regarding re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
September 1, 2022 Filing 93 Objection to Plaintiff's Exhibits in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
September 1, 2022 Filing 92 STATEMENT of Reply Separate Statement in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
September 1, 2022 Filing 91 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Attachments: #1 Declaration Declarations and Evidence In Support of Reply to MSJ, #2 Proposed Order Proposed Order Granting Objections to Plaintiff's Exhibits)(Said, Nadin)
August 25, 2022 Filing 90 STATEMENT Disputed and Undisputed Facts filed by Plaintiffs Kyla Skye Staniskis, Michael George Tater Plaintiffs re: MEMORANDUM in Opposition to Motion, #87 . (Attachments: #1 Supplement Plaintiff Request for Judicial Notice, #2 Supplement Notice of Lodging)(Sehat, Cameron)
August 25, 2022 Filing 89 EXHIBIT Filed filed by Plaintiffs Kyla Skye Staniskis, Michael George Tater. Ex. 28 in Support of Opp. to MSJ as to MEMORANDUM in Opposition to Motion, #87 . (Attachments: #1 Exhibit Ex. 29 in Support of Opp. to MSJ, #2 Exhibit Ex. 30-37 in Support of Opp. to MSJ, #3 Exhibit Ex. 38-42 in Support of Opp. to MSJ, #4 Exhibit Ex. 43-44 in Support of Opp. to MSJ)(Sehat, Cameron)
August 25, 2022 Filing 88 EXHIBIT Filed filed by Plaintiffs Kyla Skye Staniskis, Michael George Tater. Ex. 1-20 as to MEMORANDUM in Opposition to Motion, #87 . (Attachments: #1 Exhibit Ex. 21-26 in Support of Opp to MSJ, #2 Exhibit Ex. 27 in Support of Opp to MSJ)(Sehat, Cameron)
August 25, 2022 Filing 87 MEMORANDUM in Opposition of Motion for Summary Judgment filed by Mediator (ADR Panel) Craig R. Breitman, Plaintiffs Kyla Skye Staniskis, Michael George Tater. (Attachments: #1 Declaration Declaration in Support of Opp. to MSJ)(Sehat, Cameron)
August 22, 2022 Filing 86 Notice of Appearance or Withdrawal of Counsel: for attorney Cameron Sehat counsel for Plaintiff Kyla Skye Staniskis. Filed by Plaintiff Kyla Staniskis. (Sehat, Cameron)
August 17, 2022 Filing 85 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. Counsel shall disregard docket entry 84 as it was issued it error. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
August 17, 2022 Filing 84 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court orders Defendants' Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment #79 stricken for failure to comply with the Court's Standing Order, Section VIII.E.1. The deadline for Defendants to file a conforming Separate Statement is August 19, 2022. Plaintiff's deadline to file his Opposition shall remain on August 25, 2022, and Defendants' deadline to submit their Reply shall remain on September 1, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
August 16, 2022 Opinion or Order Filing 83 MINUTES (In Chambers): Order on Motion to Compel by Magistrate Judge John D. Early: denying #72 Motion to Compel. Based on the Withdrawal, the Motion (Dkt. 72) is denied as moot, without prejudice to it being reasserted, subject to the provisions of the operative Scheduling Order. (see document for further details) (hr)
August 16, 2022 Filing 82 Notice of Withdrawal of Joint Stipulation re: Motion to Compel the Deposition of Non-Party Witness Patrick Ellis filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
August 11, 2022 Opinion or Order Filing 81 MINUTE (In Chambers) Order re: Motion for Additional Depositions by Magistrate Judge John D. Early: granting #71 Motion for Discovery. Plaintiff is authorized to take up to twelve total depositions in this action, subject to all other restrictions contained in the Federal Rules of Civil Procedure, the Local Rules of this Court, and the operative Scheduling Order. (see document for further details) (hr)
August 10, 2022 Filing 80 DECLARATION of Cameron Sehat Motion to Compel MOTION to Compel Deposition of Non Party Witness Patrick Ellis #72 filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
August 8, 2022 Filing 79 STATEMENT Separate Statement of Uncontroverted Facts filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 . (Said, Nadin)
August 8, 2022 Filing 78 NOTICE of Manual Filing filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams of Flash drive containing audio and video clips. (Said, Nadin)
August 8, 2022 Filing 77 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action #76 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
August 8, 2022 Filing 76 NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Motion set for hearing on 9/22/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration Declarations and Evidence In Support of MSJ, #2 Exhibit Exhibits 1-20, #3 Exhibit Exhibits 21-22, #4 Exhibit Exhibits 23-34, #5 Exhibit Exhibits 35-44, #6 Proposed Order Proposed Order Granting MSJ) (Said, Nadin) (Additional attachment(s) added on 8/18/2022: #7 Non Paper Exhibits in Support of Defendant's Motion for Summary Judgment) (yl).
August 8, 2022 Filing 75 DECLARATION of Nadin S. Said in Opposition to MOTION to Compel Deposition of Non Party Witness Patrick Ellis #72 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Said, Nadin)
August 3, 2022 Opinion or Order Filing 74 MINUTES Order re: Hearing on Plaintiff's Discovery Motions (Dkt. #71 , #72 ) by Magistrate Judge John D. Early. The Motions will be heard by the assigned magistrate judge. As August 18, 2022, is aclosed hearing date for the assigned magistrate judge, the hearings on the Motions (Dkt. 71, 72) are CONTINUED to September 1, 2022, at 10:00 a.m., to take place in person in Courtroom 6A of the United States District Court for the Central District of California, Southern Division, located at 411 West Fourth Street, Santa Ana, California, absent subsequent contrary order. Notwithstanding the change in the hearing date, any optional Supplemental Memoranda remain due to be filed by August 4, 2022. (et)
July 29, 2022 Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Compel Deposition of Non Party Witness Patrick Ellis #72 and MOTION for Discovery regarding Increase Deposition Limit #71 . The following error was found: Both motions should be noticed before the Magistrate Judge. 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)
July 28, 2022 Filing 72 NOTICE OF MOTION AND MOTION to Compel Deposition of Non Party Witness Patrick Ellis filed by Plaintiff Kyla Skye Staniskis. Motion set for hearing on 8/18/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Sehat, Cameron)
July 28, 2022 Filing 71 NOTICE OF MOTION AND MOTION for Discovery regarding Increase Deposition Limit filed by Plaintiff Kyla Skye Staniskis. Motion set for hearing on 8/18/2022 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Sehat, Cameron)
May 31, 2022 Opinion or Order Filing 70 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 2/22/2023 at 9:00 AM. The Jury Trial is set for 3/13/2023 at 8:30 AM. (See document for further details) (yl)
May 18, 2022 Filing 69 Schedule of Pretrial and Trial Dates Worksheet filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams re: Text Only Scheduling Notice,, 64 (Said, Nadin)
May 11, 2022 Opinion or Order Filing 68 PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order #67 . (see document for details) (hr)
May 11, 2022 Filing 67 STIPULATION for Protective Order filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Attachments: #1 Proposed Order Stipulated Protective Order)(Said, Nadin)
May 11, 2022 Filing 66 Notice of Appearance or Withdrawal of Counsel: for attorney Nadin S Said counsel for Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Adding Nadin S. Said as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants City of Huntington Beach, Stefani Williams, Michael Wagner, Nicole Shogren and Kelli Herrera. (Attorney Nadin S Said added to party City of Huntington Beach(pty:dft), Attorney Nadin S Said added to party Kelli Herrera(pty:dft), Attorney Nadin S Said added to party Nicole Shogren(pty:dft), Attorney Nadin S Said added to party Michael Wagner(pty:dft), Attorney Nadin S Said added to party Stephani Williams(pty:dft))(Said, Nadin)
May 9, 2022 Opinion or Order Filing 65 ORDER re: Plaintiff's Motion to Compel by Magistrate Judge John D. Early: granting in part and denying in part #63 Motion to Compel Deposition. The Motion (Dkt. 63) is GRANTED in part and DENIED in part as follows: Counsel for he City is ORDERED to provide the last known address for Ellis to counsel for Plaintiff within seven days from the date of this Order, with counsel for Plaintiff barred from disclosing that address to any other person except process servers attempting to serve Ellis; in all other respects, the Motion (Dkt. 63) is denied. (see document for further details) (hr)
May 4, 2022 Filing 64 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court ORDERS the parties to submit a current copy of the Schedule of Pretrial and Trial Dates Worksheet attached to the Court's Order Setting Scheduling Conference no later than fifteen (15) days after this ORDER. The Order Setting Scheduling Conference is available on Judge Frimpong's website. The Court will schedule Final Pretrial Conferences and Trials no earlier than August 2022. The parties are required to meet and confer regarding their availability prior to submitting this Joint worksheet. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
April 19, 2022 Filing 63 NOTICE OF MOTION AND MOTION to Compel Deposition of Patrick Ellis filed by Plaintiff Kyla Skye Staniskis. Motion set for hearing on 5/12/2022 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Declaration of Cameron Sehat with Exhibits, #2 Declaration of Nadin S. Said with Exhibits, #3 Declaration of Christina Kelemen)(Sehat, Cameron)
March 1, 2022 Filing 62 STATEMENT Joint Case Management Statement filed by Plaintiff Kyla Skye Staniskis and Defendants City of Huntington Beach, Stefani Williams, Michael Wagner, Nicole Shogren and Kelli Herrera (Sehat, Cameron)
February 14, 2022 Opinion or Order Filing 61 REASSIGNMENT ORDER by Judge Maame Ewusi-Mensah Frimpong. Please refer to the Order for complete details. IT IS SO ORDERED. (kd)
February 10, 2022 Opinion or Order Filing 60 ORDER OF THE CHIEF JUDGE (#22-021) 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 James V. Selna 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-01772-MEMF-JDEx. (dta)
January 11, 2022 Opinion or Order Filing 59 MINUTES [IN CHAMBERS] Order Regarding Motion to Withdraw #55 by Judge James V. Selna: Counsel for Plaintiff Michael George Tater ("Tater"), John Owen Murrin, filed a motion to withdraw as counsel. Mot., Dkt. No. #55 . Defendants City of Huntington Beach, et al. (collectively, "Defendants") did not file an opposition. For the following reasons, the Court GRANTS the motion to withdraw. The Court finds that oral argument would not be helpful in this matter. Fed. R. Civ. P. 78; L.R. 7-15. Hearing set for January 31, 2022, is VACATED. Granting #55 MOTION to Withdraw as Attorney. [See document for details.] (es)
January 7, 2022 Opinion or Order Filing 58 ORDER CONTINUING TRIAL, FINAL PRE-TRIAL CONFERENCE, MEDIATION AND ALL TRIAL-RELATED DEADLINES by Judge James V. Selna. IT IS HEREBY ORDERED as follows: 1. That the Trial date in this matter, currently scheduled for April 19, 2022, be continued to September 27, 2022 at 8:30 a.m.; and 2. That the Final Pre-Trial Conference date, currently scheduled for April 4, 2022, be continued to September 12, 2022 at 11:00 a.m.; and 3. That the discovery cut-off date (expert and non-expert) be continued from January 24, 2022 to June 14, 2022; and 4. That the motion cut-off date (including expert discovery and any Motions for Summary Judgment) be continued from February 18, 2022 to August 2,2022; and 5. That all other trial related deadlines and cutoff dates be continued and commensurate with the new trial date. re Stipulation to Continue #57 . (es)
January 6, 2022 Filing 57 STIPULATION to Continue Trial and Related Dates from April 19, 2022 to September 27, 2022 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Attachments: #1 Proposed Order Proposed Order Continuing Trial and Related Dates)(Gates, Michael)
December 8, 2021 Filing 56 NOTICE OF MOTION AND MOTION for Order for (Proposed) Order on Request for Approval of Substitution or Withdrawal of Attorney filed by Plaintiff Michael George Tater. Motion set for hearing on 1/31/2022 at 01:30 PM before Judge James V. Selna. (Murrin, John)
December 8, 2021 Filing 55 NOTICE OF MOTION AND MOTION of J. Owen Murrin to Withdraw as Attorney filed by Plaintiff Michael George Tater. Motion set for hearing on 1/31/2022 at 01:30 PM before Judge James V. Selna. (Murrin, John)
December 3, 2021 Filing 54 Notice of Appearance or Withdrawal of Counsel: for attorney Kelly Michelle Hatfield counsel for Plaintiff Kyla Skye Staniskis. Kelly Hatfield is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Kyla Skye Staniskis. (Hatfield, Kelly)
November 29, 2021 Filing 53 MEDIATION REPORT Filed by Mediator (ADR Panel) Craig R. Breitman: Mediation held on 11.29.2021. 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(Breitman, Craig)
September 9, 2021 Filing 52 NOTICE OF MEDIATION DATE filed. Mediation set for November 29, 2021 - Amended.(Breitman, Craig)
August 25, 2021 Opinion or Order Filing 51 ORDER CONTINUING TRIAL, FINAL PRE-TRIAL CONFERENCE, MEDIATION AND ALL TRIAL-RELATED DEADLINES #50 by Judge James V. Selna. The parties having stipulated and good cause having been shown, IT IS HEREBY ORDERED as follows: 1. The Trial date in this matter be continued to 4/19/2022; 2. Final Pre-Trial Conference date be continued to 4/4/2022; 3. Mediation completion date be continued to 12/1/2021. 4. Discovery cut-off date (expert and non-expert) be continued to 1/24/2022; 5. The motion cut-off date (including expert discovery, Motion to Amend the Complaint and any Motions for Summary Judgment) be continued to 2/22/2022 at 8:30 a.m. and 6. That all other trial related deadlines and cutoff dates be continued and commensurate with the new trial date. (es)
August 24, 2021 Filing 50 STIPULATION to Continue Trial and Related Dates from January 25, 2022 to April 19, 2022 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Attachments: #1 Proposed Order Proposed Order Continuing Trial and Related Dates)(Attorney Michael E Gates added to party City of Huntington Beach(pty:dft), Attorney Michael E Gates added to party Kelli Herrera(pty:dft), Attorney Michael E Gates added to party Nicole Shogren(pty:dft), Attorney Michael E Gates added to party Michael Wagner(pty:dft), Attorney Michael E Gates added to party Stephani Williams(pty:dft))(Gates, Michael)
August 9, 2021 Filing 49 Notice of Appearance or Withdrawal of Counsel: for attorney John Owen Murrin, III counsel for Plaintiff Michael George Tater. Adding J. Owen Murrin as counsel of record for MICHAEL GEORGE TATER for the reason indicated in the G-123 Notice. Filed by Plaintiff MICHAEL GEORGE TATER. (Attorney John Owen Murrin, III added to party Michael George Tater (pty:pla))(Murrin, John)
July 26, 2021 Filing 48 NOTICE OF MEDIATION DATE filed. Mediation set for 09.27.2021.(Breitman, Craig)
July 14, 2021 Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Pancy Lin counsel for Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Pancy Lin 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 City of Huntington Beach, Stefani Williams, Michael Wagner, Nicole Shogren and Kelli Herrera. (Lin, Pancy)
July 8, 2021 Filing 46 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Craig R. Breitman has been assigned to serve as Panel Mediator. (lst)
June 7, 2021 Opinion or Order Filing 45 ORDER re: Plaintiff's Motions to Quash (Dkt. #36 , #37 ) by Magistrate Judge John D. Early. The Motion to Quash Subpoena to Cypress College (Dkt. 37) is DENIED in its entirety and the Motion to Quash Subpoenas to Police Departments (Dkt. 36) is GRANTED in part and DENIED in part. Counsel for Plaintiff is ordered to serve this Order by appropriate means upon the subpoenaed parties within three days from the date of this Order. (see document for further details) (hr)
May 27, 2021 Filing 44 REPLY in support of MOTION to Quash Subpoena for Cypress College Records #37 filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
May 27, 2021 Filing 43 REPLY in support of MOTION to Quash Subpoena for Police Department Records #36 filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
May 20, 2021 Filing 42 OPPOSITION in opposition re: MOTION to Quash Subpoena for Cypress College Records #37 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Vigliotta, Michael)
May 20, 2021 Filing 41 OPPOSITION in opposition re: MOTION to Quash Subpoena for Police Department Records #36 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Attorney Michael J Vigliotta added to party City of Huntington Beach(pty:dft), Attorney Michael J Vigliotta added to party Kelli Herrera(pty:dft), Attorney Michael J Vigliotta added to party Nicole Shogren(pty:dft), Attorney Michael J Vigliotta added to party Michael Wagner(pty:dft), Attorney Michael J Vigliotta added to party Stephani Williams(pty:dft))(Vigliotta, Michael)
May 12, 2021 Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Quash Subpoena for Police Department Records #36 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain 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)
May 7, 2021 Filing 39 NOTICE of Interested Parties filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams, (Lin, Pancy)
May 7, 2021 Filing 38 ANSWER to Amended Complaint/Petition #21 JURY DEMAND. filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams.(Lin, Pancy)
May 6, 2021 Filing 37 NOTICE OF MOTION AND MOTION to Quash Subpoena for Cypress College Records filed by plaintiff Kyla Skye Staniskis. Motion set for hearing on 6/10/2021 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Declaration, #2 Proposed Order)(Sehat, Cameron)
May 6, 2021 Filing 36 NOTICE OF MOTION AND MOTION to Quash Subpoena for Police Department Records filed by plaintiff Kyla Skye Staniskis. Motion set for hearing on 6/10/2021 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Declaration, #2 Proposed Order)(Sehat, Cameron)
April 28, 2021 Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Kelly Michelle Hatfield counsel for Plaintiff Kyla Skye Staniskis. Adding Kelly M. Hatfield as counsel of record for Kyla Skye Staniskis for the reason indicated in the G-123 Notice. Filed by plaintiff Kyla Skye Staniskis. (Attorney Kelly Michelle Hatfield added to party Kyla Skye Staniskis(pty:pla))(Hatfield, Kelly)
April 16, 2021 Opinion or Order Filing 34 MINUTE (IN CHAMBERS) Order Denying Plaintiff's Motions to Quash #32 , #33 by Magistrate Judge John D. Early. The Motions (Dkt. 32, 33) are DENIED for failure to comply with the Local Rules. The denial is without prejudice to the filing of new motions that comply with the Local Rules, including good faith attempts to meet and confer with all interested parties. (see document for further details) (hr)
April 15, 2021 Filing 33 NOTICE OF MOTION AND MOTION to Quash Subpoena for Cypress College filed by Plaintiff Kyla Skye Staniskis. Motion set for hearing on 5/20/2021 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Exhibit A, #2 Proposed Order)(Sehat, Cameron)
April 15, 2021 Filing 32 NOTICE OF MOTION AND MOTION to Quash Subpoena for /Modify Subpoena for Orange Health Care Agency and College Hospital filed by Plaintiff Kyla Skye Staniskis. Motion set for hearing on 5/20/2021 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Exhibit A, #2 Proposed Order)(Sehat, Cameron)
April 14, 2021 Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel S Cha counsel for Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Daniel S. Cha 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 City of Huntington Beach et al. (Cha, Daniel)
April 14, 2021 Filing 30 NOTICE of Appearance filed by attorney Pancy Lin on behalf of Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams (Attorney Pancy Lin added to party City of Huntington Beach(pty:dft), Attorney Pancy Lin added to party Kelli Herrera(pty:dft), Attorney Pancy Lin added to party Nicole Shogren(pty:dft), Attorney Pancy Lin added to party Michael Wagner(pty:dft), Attorney Pancy Lin added to party Stephani Williams(pty:dft))(Lin, Pancy)
March 25, 2021 Opinion or Order Filing 29 MINUTES [IN CHAMBERS] Order Regarding Defendants' Motion to Dismiss by Judge James V. Selna: For the following reasons, the Court GRANTS the motion in part and DENIES the motion in part. First, the Court GRANTS the motion to dismiss as it relates to Michael Tater except for the twelfth cause of action. Second, the Court GRANTS the motion as it relates to the third, eighth, tenth (as it relates to Shogren, Herrera, and Wagner only), and eleventh causes of action (as it relates to Shogren, Herrera, and Wagner only). Third, the Court DENIES the motion as it relates to the first, second, fourth, fifth, sixth, seventh, ninth, twelfth, and thirteenth causes of action. Staniskis is granted 30 days to replead the claims as described below. [See document for details.] (es)
March 23, 2021 Filing 28 Joint REQUEST for Hearing Pursuant to the Court's Tentative Ruling on the Motion to Dismiss, re Reply (Motion related) #27 , Objection/Opposition (Motion related) #26 , NOTICE OF MOTION AND MOTION to Dismiss Causes of Action #24 , filed by Plaintiff Kyla Skye Staniskis, Michael George Tater. (Attachments: #1 Declaration) (Attorney Cameron Sehat added to party Michael George Tater (pty:pla)) (Sehat, Cameron)
March 8, 2021 Filing 27 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Causes of Action #24 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Cha, Daniel)
March 1, 2021 Filing 26 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Causes of Action #24 filed by Plaintiff Kyla Skye Staniskis. (Sehat, Cameron)
February 19, 2021 Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Causes of Action #24 filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. (Cha, Daniel)
February 19, 2021 Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Causes of Action filed by Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner, Stephani Williams. Motion set for hearing on 3/22/2021 at 01:30 PM before Judge James V. Selna. (Cha, Daniel)
January 21, 2021 Opinion or Order Filing 23 ORDER RE: STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT, #22 by Judge James V. Selna. IT IS HEREBY ORDERED that Defendants' response to the First Amended Complaint shall be filed on February 19, 2021. *Note Complete Case Number.* (es)
January 20, 2021 Filing 22 STIPULATION Extending Time to Answer the complaint as to Nicole Shogren answer now due 2/19/2021; Stephani Williams answer now due 2/19/2021; City of Huntington Beach answer now due 2/19/2021; Kelli Herrera answer now due 2/19/2021; Michael Wagner answer now due 2/19/2021, re Amended Complaint/Petition #21 filed by Defendants Nicole Shogren; Stephani Williams; City of Huntington Beach; Kelli Herrera; Michael Wagner. (Attachments: #1 Proposed Order)(Cha, Daniel)
January 6, 2021 Filing 21 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Kyla Skye Staniskis(Sehat, Cameron)
January 5, 2021 Opinion or Order Filing 20 ORDER GRANTING PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT by Judge James V. Selna. IT IS HEREBY ORDERED that Plaintiffs may file a First Amended Complaint pursuant to F.R.C.P. 15 (a)(2). (es)
December 2, 2020 Opinion or Order Filing 19 MINUTE ORDER [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial January 25, 2022 at 8:30 a.m., Final PreTrial Conference January 10, 2022 at 11:00 a.m., File PreTrial Documents not later than January 4, 2022, File motions in limine not later than December 13, 2021, Discovery Cut-off October 12, 2021, Expert Discovery Cut-off December 15, 2021, Initial disclosure of Experts not later than October 27, 2021, Rebuttal disclosure of Experts not later than November 24, 2021, Law and Motion Cut-off December 6, 2021 at 1:30 p.m., Motions to be filed and served not later than November 8, 2021, Last Day to Amend Pleadings or Add Parties April 1, 2021. Counsel inform the Court that their selection for a settlement procedure pursuant to Local Rule 16-15 is ADR No. 2, before the Attorney Settlement Panel. The Court orders that any settlement discussions shall be completed not later than October 1, 2021. The Scheduling Conference set for December 7, 2020 at 10:30 a.m. is VACATED. (see document for further details) (bm)
December 2, 2020 Opinion or Order Filing 18 ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb)
November 25, 2020 Filing 17 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Kyla Skye Staniskis.. (Sehat, Cameron)
November 4, 2020 Filing 16 Joint STIPULATION for Order Granting Plaintiffs to File a First Amended Complaint filed by Plaintiff Kyla Skye Staniskis, Michael George Tater. (Attachments: #1 Proposed Order, #2 Exhibit A)(Sehat, Cameron)
October 9, 2020 Filing 15 First STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant City of Huntington Beach.(Attorney Daniel S Cha added to party City of Huntington Beach(pty:dft))(Cha, Daniel)
September 28, 2020 Opinion or Order Filing 14 Order Setting Rule 26(f) Scheduling Conference set for 12/07/2020 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 11/30/2020. (lb)
September 23, 2020 Filing 13 PROOF OF SERVICE Executed by Plaintiff Michael George Tater, Kyla Skye Staniskis, upon Defendant Stephani Williams served on 9/23/2020, answer due 10/14/2020. Service of the Summons and Complaint were executed upon Robin Estanislau, City Clerk in compliance with statute not specified by method of service not specified.Original Summons returned. (Sehat, Cameron)
September 23, 2020 Filing 12 PROOF OF SERVICE Executed by Plaintiff Michael George Tater, Kyla Skye Staniskis, upon Defendant Nicole Shogren served on 9/23/2020, answer due 10/14/2020. Service of the Summons and Complaint were executed upon Robin Estanislau, City Clerk in compliance with statute not specified by method of service not specified.Original Summons returned. (Sehat, Cameron)
September 23, 2020 Filing 11 PROOF OF SERVICE Executed by Plaintiff Michael George Tater, Kyla Skye Staniskis, upon Defendant Michael Wagner served on 9/23/2020, answer due 10/14/2020. Service of the Summons and Complaint were executed upon Robin Estanislau, City Clerk in compliance with statute not specified by method of service not specified.Original Summons returned. (Sehat, Cameron)
September 23, 2020 Filing 10 PROOF OF SERVICE Executed by Plaintiff Michael George Tater, Kyla Skye Staniskis, upon Defendant Kelli Herrera served on 9/23/2020, answer due 10/14/2020. Service of the Summons and Complaint were executed upon Robin Estanislau, City Clerk in compliance with statute not specified by method of service not specified.Original Summons returned. (Sehat, Cameron)
September 23, 2020 Filing 9 PROOF OF SERVICE Executed by Plaintiff Michael George Tater, Kyla Skye Staniskis, upon Defendant City of Huntington Beach served on 9/23/2020, answer due 10/14/2020. Service of the Summons and Complaint were executed upon Robin Estanislau, City Clerk in compliance with statute not specified by method of service not specified.Original Summons returned. (Sehat, Cameron)
September 22, 2020 Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb)
September 21, 2020 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants City of Huntington Beach, Kelli Herrera, Nicole Shogren, Michael Wagner and Stephani Williams. (jtil)
September 21, 2020 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
September 21, 2020 Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (jtil)
September 17, 2020 Filing 4 DECLARATION of Kyla Staniskis , Successor-in-Interest to Shannon Tater, Pursuant to C.C.P. 377.32 filed by Plaintiff Kyla Staniskis. (Sehat, Cameron)
September 17, 2020 Filing 3 NOTICE of Interested Parties filed by Plaintiff Kyla Staniskis, identifying Michael Tater. (Sehat, Cameron)
September 17, 2020 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Kyla Staniskis, Michael Tater. (Sehat, Cameron)
September 17, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-28132720 - Fee: $400, filed by Plaintiff Kyla Staniskis, Michael Tater. (Attachments: #1 Civil Cover Sheet) (Attorney Cameron Sehat added to party Kyla Staniskis(pty:pla), Attorney Cameron Sehat added to party Michael Tater(pty:pla))(Sehat, Cameron)

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Search for this case: Michael George Tater et al v. City of Huntington Beach et al
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Defendant: Stephani Williams
Represented By: Daniel S Cha
Represented By: Nadin S Said
Represented By: Daniel S. Cha
Represented By: Lauren L. Rose
Represented By: Michael E Gates
Represented By: Michael J Vigliotta
Represented By: Pancy Lin
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Defendant: Kelli Herrera
Represented By: Daniel S Cha
Represented By: Nadin S Said
Represented By: Daniel S. Cha
Represented By: Lauren L. Rose
Represented By: Michael E Gates
Represented By: Michael J Vigliotta
Represented By: Pancy Lin
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Defendant: City of Huntington Beach
Represented By: Daniel S Cha
Represented By: Nadin S Said
Represented By: Daniel S. Cha
Represented By: Lauren L. Rose
Represented By: Michael E Gates
Represented By: Michael J Vigliotta
Represented By: Pancy Lin
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Defendant: Michael Wagner
Represented By: Daniel S Cha
Represented By: Nadin S Said
Represented By: Daniel S. Cha
Represented By: Lauren L. Rose
Represented By: Michael E Gates
Represented By: Michael J Vigliotta
Represented By: Pancy Lin
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Defendant: Nicole Shogren
Represented By: Daniel S Cha
Represented By: Nadin S Said
Represented By: Daniel S. Cha
Represented By: Michael E Gates
Represented By: Michael J Vigliotta
Represented By: Pancy Lin
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Defendant: DOES 1 through 10, inclusive
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Plaintiff: Michael Tater
Represented By: Cameron Sehat
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Plaintiff: Kyla Staniskis
Represented By: Cameron Sehat
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Plaintiff: Kyla Skye Staniskis
Represented By: Cameron Sehat
Represented By: Kelly Michelle Hatfield
Represented By: Sarah Kahn
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Plaintiff: Michael George Tater
Represented By: Cameron Sehat
Represented By: John Owen Murrin, III
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Alternative dispute resolution (adr) provider: Craig R. Breitman
Represented By: Craig Richard Breitman
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