Alvarado, et al. vs. USA
Plaintiff: Sara Alvarado, Martin Alvarado, Vivian - Alvarado, Fabian - Alvarado and Angel - Alvarado
Defendant: United States of America
Case Number: 1:2009cv00243
Filed: February 6, 2009
Court: U.S. District Court for the Eastern District of California
Office: P.I.: Other Office
County: Fresno
Presiding Judge: Lawrence J O'Neill
Referring Judge: Sandra M Snyder
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1346 Wrongful Death
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 24, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2011 Opinion or Order Filing 73 STIPULATION and ORDER DISMISSING Entire Action with Prejudice signed by District Judge Lawrence J. O'Neill on 2/24/2011. CASE CLOSED. (Sant Agata, S)
February 24, 2011 Filing 72 STIPULATION of DISMISSAL STIPULATION AND ORDER RE DISMISSAL OF ENTIRE ACTION WITH PREJUDICE by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
December 28, 2010 Opinion or Order Filing 71 MINUTE ORDER: (TEXT ENTRY ONLY) The request to continue deadline to dismiss the action is GRANTED. The parties shall file dispositive documents no later than March 4, 2011 signed by District Judge Lawrence J. O'Neill on December 28, 2010. (Lira, I)
December 27, 2010 Filing 70 REQUEST for MODIFY THE ORDER TO CONTINUE DEADLINE TO DISMISS ACTION (ECF NO. 67) by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado re #67 Order. (Cornwell, Stephen)
December 23, 2010 Opinion or Order Filing 69 ORDER ON PETITION FOR MINORS' COMPROMISE APPROVAL (doc. 61) signed by District Judge Lawrence J. O'Neill on December 23, 2010. (Lira, I)
November 19, 2010 Filing 68 NOTICE of Non-Opposition to Petition for Approval of Settlement by United States of America. (Berg, Alyson)
November 18, 2010 Opinion or Order Filing 67 ORDER TO CONTINUE DEADLINE TO DISMISS ACTION signed by District Judge Lawrence J. O'Neill on November 18, 2010. (Lira, I)
November 17, 2010 Filing 66 DECLARATION of DECLARATION OF STEPHEN R. CORNWELL IN SUPPORT OF PLAINTIFF'S REQUEST TO MODIFY THE ORDER AFTER SETTLEMENT (ECF NO. 58). (Cornwell, Stephen)
November 17, 2010 Filing 65 REQUEST for PLAINTIFF'S REQUEST TO MODIFY THE ORDER AFTER SETTLEMENT (ECF NO. 58) by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
November 17, 2010 Filing 64 DECLARATION of DECLARATION OF STEPHEN R. CORNWELL IN SUPPORT OF PETITION FOR APPROVAL OF SETTLEMENT. (Cornwell, Stephen)
November 17, 2010 Filing 63 DECLARATION of DECLARATION OF SARA ALVARADO IN SUPPORT OF PETITION FOR APPROVAL OF SETTLEMENT. (Cornwell, Stephen)
November 17, 2010 Filing 62 MEMORANDUM by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado in SUPPORT OF. (Cornwell, Stephen)
November 17, 2010 Filing 61 PETITION for NOTICE OF PETITION AND PETITION FOR APPROVAL OF SETTLEMENT by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
October 26, 2010 Opinion or Order Filing 60 ORDER DIRECTING Clerk to Seal Certain Records signed by District Judge Lawrence J. O'Neill on 10/26/2010. (Jessen, A)
October 22, 2010 Filing 59 REQUEST for ORDER DIRECTING CLERK TO SEAL CERTAIN RECORDS by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
October 22, 2010 Opinion or Order Filing 58 ORDER AFTER SETTLEMENT ORDERING the parties to file appropriate dismissal documents pursuant to the notice of settlement; case management deadline set for 11/19/2010 for receipt of same; all pending deadlines and hearings, including the trial, are VACATED; order signed by District Judge Lawrence J. O'Neill on 10/22/2010. (Rooney, M)
October 21, 2010 Filing 57 NOTICE of SETTLEMENT by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
September 15, 2010 Opinion or Order Filing 56 ORDER TO DISREGARD AND TO REFILE COMPLETE OPPOSITION PAPERS (Docs. 48-54) signed by District Judge Lawrence J. O'Neill on September 15, 2010. (Lira, I)
September 15, 2010 Opinion or Order Filing 55 ORDER to Continue Briefing on Government's F.R.Civ.P. 12(b)(1) Motion to Dismiss re #45 signed by District Judge Lawrence J. O'Neill on 9/14/2010. This Court VACATES the September 28, 2010 hearing on the Governments motion to dismiss; ORDERS plaintiffs, no later than October 27, 2010, to file and serve opposition papers to the Governments motion to dismiss; and ORDERS the Government, no later than November 3, 2010, to file and serve reply papers.(Bradley, A)
September 14, 2010 Filing 51 DECLARATION of STEPHEN R. CORNWELL IN OPPOSITION TO MOTION TO DISMISS in OPPOSITION TO #44 MOTION to DISMISS. (Cornwell, Stephen)
September 14, 2010 Filing 50 OPPOSITION by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado to #44 MOTION to DISMISS. (Cornwell, Stephen)
September 14, 2010 Filing 49 REQUEST for JUDICIAL NOTICE by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
September 14, 2010 Filing 48 OBJECTIONS by Plaintiffs Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
September 13, 2010 Filing 47 DECLARATION of EXHIBIT F AND G TO DEC OF STEPHEN R. CORNWELL IN SUPPORT OF PLAINTIFFS' REQUEST FOR OPPORTUNITY TO CONDUCT DISCOVERY TO OPPOSE MOTION TO DISMISS. (Cornwell, Stephen)
September 13, 2010 Filing 46 DECLARATION of DECLARATION OF STEPHEN R. CORNWELL IN SUPPORT OF PLAINTIFFS' REQUEST FOR OPPORTUNITY TO CONDUCT DISCOVERY TO OPPOSE MOTION TO DISMISS. (Cornwell, Stephen)
September 13, 2010 Filing 45 REQUEST for PLAINTIFFS' REQUEST FOR OPPORTUNITY TO CONDUCT DISCOVERY TO OPPOSE MOTION TO DISMISS by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
August 31, 2010 Filing 44 MOTION to DISMISS by United States of America. Motion Hearing set for 9/28/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs' Second Amended Complaint, #2 Declaration of Elizabeth Partridge in Support of Defendant's Motion to Dismiss)(Berg, Alyson)
August 18, 2010 Filing 43 SECOND AMENDED COMPLAINT against All Defendants by Vivian - Alvarado, Sara Alvarado, Fabian - Alvarado, Angel - Alvarado, Martin Alvarado.(Cornwell, Stephen)
July 30, 2010 Filing 42 MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to the agreement by all parties, the Settlement Conference set for 8/6/2010 at 10:00 am before Magistrate Judge Beck IS TAKEN OFF calendar, until further notice. (Hernandez, M)
July 29, 2010 Opinion or Order Filing 41 ORDER ON DEFENDANT'S MOTION TO DISMISS #27 signed by District Judge Lawrence J. O'Neill on July 29, 2010. (Lira, I)
July 27, 2010 Opinion or Order Filing 40 MINUTE ORDER signed by District Judge Lawrence J. O'Neill on 7/27/2010 (Text Entry Only): This Court finds this motion suitable for a decision without a hearing. Accordingly, and pursuant to Local Rule 230(g), this Court VACATES the July 29, 2010 hearing on the pending motion to dismiss (Doc. #27 ). (Arellano, S.)
July 23, 2010 Filing 39 NOTICE OF ERRATA by Sara Alvarado. (Cornwell, Stephen)
July 22, 2010 Filing 38 REPLY by United States of America to RESPONSE to #27 MOTION to DISMISS. (Berg, Alyson)
July 19, 2010 Opinion or Order Filing 37 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has read and reviewed the response to this Court's July 16, 2010 minute order requiring the demonstration of good cause for an extension of time to file the opposition to the pending motion to dismiss. This Court finds that plaintiffs' counsel has demonstrated good cause for the one-day extension of time based on the declaration of Stephen R. Cornwell. Accordingly, this Court GRANTS the parties' request for an extension of time. In addition, this Court DIRECTS the clerk of court to SEAL the declarations of Stephen R. Cornwell (Doc. 35) and Judith Harless (Doc. 36) due to the personal medical nature of the information contained therein signed by District Judge Lawrence J. O'Neill on July 19, 2010. (Lira, I)
July 19, 2010 Filing 36 SEALED DOCUMENT (Declaration) (Vasquez, J).
July 19, 2010 Filing 35 SEALED DOCUMENT (Declaration)(Vasquez, J).
July 19, 2010 Filing 34 RESPONSE by Sara Alvarado to 30 Minute Order,,. (Cornwell, Stephen)
July 16, 2010 Filing 33 REQUEST for JUDICIAL NOTICE by Sara Alvarado. (Cornwell, Stephen)
July 16, 2010 Filing 32 DECLARATION of STEPHEN R. CORNWELL in OPPOSITION TO #27 MOTION to DISMISS. (Cornwell, Stephen)
July 16, 2010 Filing 31 OPPOSITION by Sara Alvarado to #27 MOTION to DISMISS. (Cornwell, Stephen)
July 16, 2010 Opinion or Order Filing 30 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has received and reviewed email activity from Plaintiff's Counsel on the issue of the timely filing of opposition papers to a pending motion to dismiss. Counsel is of the legally unsound opinion that a stipulation between counsel establishes good cause to extend time. It does not. Counsel has two Court days to provide the Court with good legal cause for his failure to file timely opposition papers. Absent that good cause, the opposition papers, if and when filed, will be stricken. This order should not be in any way viewed as a granting of additional time to file that which is already late signed by District Judge Lawrence J. O'Neill on July 16, 2010. (Lira, I)
July 15, 2010 Filing 29 STIPULATION REGARDING DEADLINE TO FILE OPPOSITION TO MOTION TO DISMISS by Angel - Alvarado, Fabian - Alvarado, Martin Alvarado, Sara Alvarado, Vivian - Alvarado. (Cornwell, Stephen)
July 14, 2010 Filing 28 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the Court's schedule and agreement by all parties, the Settlement Conference is RESET from 7/23/2010 to 8/6/2010 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Confidential statements are due directly to chambers one week before the conference. (Hernandez, M)
July 1, 2010 Filing 27 MOTION to DISMISS by United States of America. Motion Hearing set for 7/29/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Declaration of Alyson A. Berg in Support of Defendant's Motion to Dismiss, #3 Declaration of Joseph Pennino in Support of Defendant's Motion to Dismiss, #4 Exhibit A to Declaration of Joseph Pennino, #5 Exhibit B to Declaration of Joseph Pennino)(Berg, Alyson)
June 22, 2010 Filing 26 MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to the agreement by all parties. A Settlement Conference is set for 7/23/2010 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Confidential statements are due directly to chambers one week before the conference. (Hernandez, M)
May 26, 2010 Opinion or Order Filing 25 STIPULATION Extending Scheduling Deadlines and ORDER thereon: Non-expert Discovery cut-off by 10/22/10. Expert disclosures for Plaintiff's by 10/25/2010 and for Defendant by 11/5/2010. Supplemental expert disclosures for Plaintiff's by 11/19/2010 and for Defendant by 12/5/2010. Expert discovery cut-off by 12/17/2010. signed by Magistrate Judge Sandra M. Snyder on 5/25/2010. (Herman, H)
May 25, 2010 Opinion or Order Filing 24 STIPULATION for Protective ORDER Regarding Production of Confidential Information; Order Re Same signed by Magistrate Judge Sandra M. Snyder on 5/21/2010. (Figueroa, O)
May 20, 2010 Filing 23 STIPULATION and PROPOSED ORDER for Extending Scheduling Deadlines by United States of America. (Berg, Alyson)
May 20, 2010 Filing 22 DECLARATION of JOINT DECLARATION OF STEPHEN R. CORNWELL, COUNSEL FOR PLAINTIFFS, AND ALYSON A. BERG, COUNSEL FOR THE UNITED STATES OF AMERICA. (Cornwell, Stephen)
May 20, 2010 Filing 21 MINUTES (Text Only Entry) for proceedings held before Sandra M. Snyder: IMPROMPTU TELEPHONIC STATUS CONFERENCE held on 5/20/10 re: amendment of discovery deadlines #12 only. Counsel to prepare and submit a stipulation and order to amend ALL dates EXCEPT dispositive motion filing deadline, pre-trial, and trial, to smsorders@caed.uscourts.gov for approval. Counsel further DIRECTED to file, per Judge O'Neill's 5/10/10 order 19 , a joint declaration that no amendments re: dispositive motion filing deadline, pre-trial, and trial are being sought at this time. Plaintiffs' Counsel Stephen Cornwell telephonically present. Defendants' Counsel AUSA Alyson Berg telephonically present. Court Reporter/CD Number: N/A - in chambers; off record. (Robles, F.)
May 18, 2010 Filing 20 STIPULATION and PROPOSED ORDER for Protective Order Regarding Production of Confidential Information by United States of America. (Berg, Alyson)
May 10, 2010 Filing 19 MINUTES (Text Only) for proceedings held before District Judge Lawrence J. O'Neill: IN COURT HEARING re: Discovery held on 5/10/2010. Supplemental declarations due 5/20/2010. Plaintiffs Counsel Stephen Cornwell present. Defendants Counsel Alyson Berg present. Court Reporter/CD Number: Peggy Crawford. (Lira, I)
May 7, 2010 Filing 18 MINUTE ORDER ***TEXT Only***: TELEPHONIC STATUS Conference TIME CHANGE ONLY set for 5/10/2010 at 03:00 PM (was 10:00am) in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. (Herman, H)
May 7, 2010 Filing 17 JOINT STATUS REPORT by United States of America. (Berg, Alyson)
April 15, 2010 Filing 16 MINUTES (Text Only Entry) for proceedings held before Judge Sandra M. Snyder: STATUS CONFERENCE re: mid-discovery held on 4/15/10 and CONTINUED to 5/10/10 @ 10:00am before Judge Snyder (SMS), telephonic appearances permitted. Counsel stipulate/agree that, despite best efforts, discovery has been difficult: FOIA request delayed by government agencies. First key deposition set for 5/5/10, after which further discovery can be crafted. Judge O'Neill DIRECTS that all dates may be continued EXCEPT the pretrial set 2/24/11 and the court trial set 4/11/11. Counsel to meet, confer, and prepare amended joint status conference report re: discovery #15 to be addressed on 5/10/10. Plaintiffs' Counsel Stephen Cornwell present. Defendant's Counsel AUSA Alyson Berg present. Court Reporter/CD Number: N/A - in chambers; off record. (Robles, F.)
April 8, 2010 Filing 15 JOINT STATUS REPORT re: Mid-Discovery by Sara Alvarado, Vivian - Alvarado, Fabian - Alvarado, Martin Alvarado, Angel - Alvarado. (Cornwell, Stephen)
July 1, 2009 Opinion or Order Filing 14 MINUTE ORDER (Text Only Entry): In light of defendant's Objection to the Scheduling Order (Doc. 13), the Court AMENDS its SCHEDULING CONFERENCE ORDER as follows: Trial Date: 4/11/11, 8:30am, Ctrm. 4/LJO (CT - 6 days). Signed by Judge Sandra M. Snyder on 7/1/09. (Robles, F.)
June 24, 2009 Filing 13 OBJECTIONS by Defendant United States of America. (Berg, Alyson)
June 22, 2009 Opinion or Order Filing 12 SCHEDULING CONFERENCE ORDER: Rule 26(a) Disclosures by 7/7/2009. Pleading Amendment by 7/17/2009. MID-Discovery Status Conference set for 4/15/2010 at 09:00 AM in Courtroom 7 (SMS) before Judge Sandra M. Snyder. Expert Disclosure by 9/7/2010. Rebuttal Expert Disclosure by 10/5/2010. Discovery (non-expert) by 7/23/2010; (expert) by 11/23/2010. Non-Dispositive Motions by 12/8/2010. Dispositive Motions by 12/28/2010. SETTLEMENT CONFERENCE: Not applicable at this time. PRETRIAL CONFERENCE set for 2/24/2011 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. JURY TRIAL (6 days) set for 4/11/2011 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. signed by Judge Sandra M. Snyder on 6/18/2009. (Herman, H)
June 17, 2009 Filing 11 MINUTES (Text Only Entry) for proceedings held before Judge Sandra M. Snyder: SCHEDULING CONFERENCE held on 6/17/09. ORDER TO FOLLOW. Plaintiffs' Counsel Stephen R. Cornwell present. Defendant's Counsel AUSA Alyson A. Berg present. Court Reporter/CD Number: N/A - in chambers; off record. (Robles, F.)
June 10, 2009 Filing 10 JOINT SCHEDULING REPORT by Sara Alvarado, Vivian - Alvarado, Fabian - Alvarado, Martin Alvarado, Angel - Alvarado. (Cornwell, Stephen)
May 18, 2009 Filing 9 ANSWER to COMPLAINT by United States of America.(Berg, Alyson)
April 14, 2009 Opinion or Order Filing 8 STIPULATION to Extend Time in Which to Respond to Complaint (extended from 4/17/09 to 5/18/2009) and Scheduling Conference Date (Initial Scheduling Conference is continued from 5/7/09 to 6/17/2009 at 09:15 AM in Courtroom 7 (SMS) before Judge Sandra M. Snyder); ORDER re same, signed by Judge Sandra M. Snyder on 4/14/2009. (Herman, H)
April 6, 2009 Filing 7 STIPULATION and PROPOSED ORDER for Extension of time in Which to Respond to Complaint and Scheduling Conference Date by United States of America. Attorney Berg, Alyson A. added. (Berg, Alyson)
February 11, 2009 Filing 6 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Sara Alvarado, Vivian - Alvarado, Fabian - Alvarado, Martin Alvarado, Angel - Alvarado. (Cornwell, Stephen)
February 6, 2009 Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/7/2009 at 09:15 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. (Attachments: #1 Standing Order, #2 Consent Forms, #3 VDRP Forms) (Lundstrom, T)
February 6, 2009 Filing 4 SUMMONS ISSUED as to *United States of America* with answer to complaint due within *60* days. Attorney *Stephen Roy Cornwell* *Cornwell & Sample* *7045 N. Fruit Avenue* *Fresno, CA 93711*. (Lundstrom, T)
February 6, 2009 Filing 2 COMPLAINT FOR DAMAGES; REQUEST FOR JURY TRIAL against all defendants by Sara Alvarado, Martin Alvarado, VIVIAN ALVARADO, FABIAN ALVARADO, ANGEL ALVARADO. Attorney Cornwell, Stephen Roy added.(Cornwell, Stephen)
February 6, 2009 Filing 1 CIVIL COVER SHEET by Sara Alvarado, Martin Alvarado, VIVIAN ALVARADO, FABIAN ALVARADO, ANGEL ALVARADO (Cornwell, Stephen)
February 6, 2009 RECEIPT number #CAE100005917 $350.00 fbo Sara Alvarado, et al by Stephen R. Cornwell on 2/6/2009. (Scrivner, E)

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Search for this case: Alvarado, et al. vs. USA
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Plaintiff: Sara Alvarado
Represented By: Stephen Cornwell
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Plaintiff: Martin Alvarado
Represented By: Stephen Cornwell
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Plaintiff: Vivian - Alvarado
Represented By: Stephen Cornwell
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Plaintiff: Fabian - Alvarado
Represented By: Stephen Cornwell
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Plaintiff: Angel - Alvarado
Represented By: Stephen Cornwell
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Defendant: United States of America
Represented By: Alyson A. Berg
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