Lucas v. City of Visalia et al
Plaintiff: Jesse Ray Lucas
Defendant: City of Visalia, Visalia Police Department, Robert Carden, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty and Taser International, Inc.
Case Number: 1:2009cv01015
Filed: June 10, 2009
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Anthony W Ishii
Referring Judge: Jennifer L Thurston
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 October 17, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2013 Opinion or Order Filing 139 ORDER Closing Case in Light of Stipulation for Dismissal with Prejudice, signed by District Judge Anthony W. Ishii on 10/17/13. CASE CLOSED. (Verduzco, M)
October 16, 2013 Filing 138 STIPULATION For Dismissal by Jesse Ray Lucas. (Setili, Jaclyn)
September 11, 2013 Opinion or Order Filing 137 ORDER AFTER NOTICE OF SETTLEMENT #136 , signed by Magistrate Judge Jennifer L. Thurston on 9/11/2013. (Hall, S)
September 10, 2013 Filing 136 NOTICE of SETTLEMENT by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Herr, Leonard)
July 24, 2013 Opinion or Order Filing 135 Stipulation Continuing Pretrial Conference and Trial Date; ORDER, signed by District Judge Anthony W. Ishii on 7/24/2013. (Pretrial Conference Contiued to 1/15/2014 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial Continued to 2/25/2014 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) (Marrujo, C)
July 24, 2013 Filing 134 STIPULATION and PROPOSED ORDER for Continuing Pretrial Conference and Trial Date by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Herr, Leonard)
July 23, 2013 Filing 133 MINUTE ORDER: Due to a calendar conflict, the pretrial conference set for Friday July 26, 2013 at 8:30 a.m. will be heard at 10:00 a.m. and not 8:30. (Nazaroff, H)
July 19, 2013 Filing 132 PRETRIAL STATEMENT by Plaintiff Jesse Ray Lucas.(Shively, Ashley)
July 18, 2013 Filing 131 STIPULATION and PROPOSED ORDER for Continuance of Pre-Trial Conference and Related Deadlines by Jesse Ray Lucas. (Shively, Ashley)
July 15, 2013 Opinion or Order Filing 130 ORDER on Defendants' #97 Motion For Summary Judgment, signed by District Judge Anthony W. Ishii on 7/13/2013. (IT IS HEREBY ORDERED that Defendants motion for summary judgment on the issue of qualified immunity for the second taser application is DENIED.)(Gaumnitz, R)
July 5, 2013 Filing 129 REPLY by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty to RESPONSE to #124 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Officer Esparza and O'Rafferty's Objections to Plaintiff's Evidence)(Herr, Leonard)
June 28, 2013 Filing 128 REQUEST for JUDICIAL NOTICE by Jesse Ray Lucas in re #125 Opposition to Motion. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 part 1, #4 Exhibit 3 part 2, #5 Exhibit 3 part 3, #6 Exhibit 3 part 4, #7 Exhibit 3 part 5, #8 Exhibit 3 part 6, #9 Exhibit 4, #10 Exhibit 5)(Shively, Ashley)
June 28, 2013 Filing 127 OBJECTIONS by Plaintiff Jesse Ray Lucas to #124 MOTION for SUMMARY JUDGMENT. (Shively, Ashley)
June 28, 2013 Filing 126 OPPOSITION by Plaintiff Jesse Ray Lucas to #124 MOTION for SUMMARY JUDGMENT. (Shively, Ashley)
June 28, 2013 Filing 125 OPPOSITION by Jesse Ray Lucas to #124 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration of David Weiss, #2 Exhibit Exhibits N & O to David Weiss Declaration)(Shively, Ashley)
June 14, 2013 Filing 124 MOTION for SUMMARY JUDGMENT by Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. Motion Hearing set for 7/29/2013 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities in Support of Second Motion by Officers Esparza and O'Rafferty for [Partial] Summary Judgment, #2 Declaration of Leonard C. Herr in Support of Second Motion for [Partial] Summary Judgment, #3 Statement of Undisputed Facts in Support of Officers Esparza and O'Rafferty's Second Motion for [Partial] Summary Judgment)(Herr, Leonard)
June 4, 2013 Opinion or Order Filing 123 ORDER Resetting Pre-Trial Conference from 6/19/2013 to 7/26/2013 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii and ORDER Setting Second Motion for Summary Judgment Briefing Schedule, signed by District Judge Anthony W. Ishii on 6/4/2013. (Kusamura, W)
May 30, 2013 Filing 122 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: SETTLEMENT CONFERENCE HELD on 5/30/2013. CASE NOT SETTLED. Plaintiffs Counsel David Weiss present. Defendants Counsel Leonard Herr and Kristen Ford present. (Hall, S)
May 22, 2013 Filing 121 NOTICE of Lodging Confidential Settlement Conference Statement by Jesse Ray Lucas. (Setili, Jaclyn)
May 22, 2013 Filing 120 NOTICE OF LODGEMENT OF "CONFIDENTIAL" SETTLEMENT CONFERENCE STATEMENT by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Herr, Leonard)
May 8, 2013 Opinion or Order Filing 119 ORDER DENYING IN PART AND GRANTING IN PART #97 Motion for Summary Judgment, signed by District Judge Anthony W. Ishii on 05/07/2013. (Martin-Gill, S)
April 8, 2013 Opinion or Order Filing 118 ORDER SETTING Settlement Conference re #117 , signed by Magistrate Judge Jennifer L. Thurston on 4/8/2013. Settlement Conference set for 5/30/2013 at 09:30 AM at the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)
April 5, 2013 Filing 117 STIPULATION and PROPOSED ORDER for Settlement Conference by Jesse Ray Lucas. (Attachments: #1 Proposed Order Setting Settlement Conference)(Setili, Jaclyn)
February 20, 2013 Opinion or Order Filing 116 ORDER re Testimony of Dr. Swerdlow and Dr. Label, signed by Magistrate Judge Jennifer L. Thurston on 2/20/2013. (Hall, S)
February 20, 2013 Filing 115 STIPULATION and PROPOSED ORDER for Testimony of Dr. Swerdlow and Dr. Label by Jesse Ray Lucas. (Attachments: #1 Proposed Order)(Setili, Jaclyn)
February 20, 2013 Filing 114 CLERK'S NOTICE (text only): Please Disregard #113 Stipulation and Proposed Order as this Document was Filed in Error. (Flores, E)
February 20, 2013 Filing 113 ***DISREGARDED***STIPULATION and PROPOSED ORDER for Testimony of Dr. Swerdlow and Dr. Label by Jesse Ray Lucas. Attorney Setili, Jaclyn Marie added. (Attachments: #1 Proposed Order)(Setili, Jaclyn)
February 7, 2013 Filing 112 NOTICE OF FIRM NAME CHANGE by City of Visalia. (Herr, Leonard)
November 28, 2012 Opinion or Order Filing 111 ORDER vacating hearing date of December 3, 2012 and taking matter under submission. signed by District Judge Anthony W. Ishii on 11/28/12. (Nazaroff, H)
November 26, 2012 Filing 110 REPLY by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty re #102 Opposition to Motion. (Attachments: #1 City's Objections to Plaintiff's Evidence)(Herr, Leonard)
November 21, 2012 Filing 109 NOTICE of Lodging Deposition Transcripts by Jesse Ray Lucas re #102 Opposition to Motion. (Weiss, David)
November 19, 2012 Filing 108 DECLARATION in OPPOSITION TO #97 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A)(Weiss, David)
November 19, 2012 Filing 107 DECLARATION of Jaclyn Setili in OPPOSITION TO #97 MOTION for SUMMARY JUDGMENT. (Weiss, David)
November 19, 2012 Filing 106 DECLARATION of David Weiss in OPPOSITION TO #97 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Weiss, David)
November 19, 2012 Filing 105 STATEMENT of Plaintiff's Objections to City's Evidence in Support of its Motion for Summary Judgment by Plaintiff Jesse Ray Lucas re #97 MOTION for SUMMARY JUDGMENT. (Weiss, David)
November 19, 2012 Filing 104 STATEMENT of Plaintiff's Separate Statement of Undisputed Facts in Support of Opposition to Motion for Summary Judgment by Plaintiff Jesse Ray Lucas re #97 MOTION for SUMMARY JUDGMENT. (Weiss, David)
November 19, 2012 Filing 103 STATEMENT of Opposition to Separate Statement of Undisputed Facts by Plaintiff Jesse Ray Lucas re #97 MOTION for SUMMARY JUDGMENT. (Weiss, David)
November 19, 2012 Filing 102 OPPOSITION by Jesse Ray Lucas to #97 MOTION for SUMMARY JUDGMENT. (Weiss, David)
November 6, 2012 Opinion or Order Filing 101 STIPULATION and ORDER MODIFYING SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 11/6/2012. Non-dispositive motion deadlines: Filing by 2/21/2013; Hearing by 3/22/2013.(Hall, S)
November 5, 2012 Filing 100 STIPULATION Stipulation and Order Modifying Scheduling Order by Jesse Ray Lucas. (Shively, Ashley)
October 31, 2012 Filing 99 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: Telephonic conference re: Discovery Dispute HELD on 10/31/2012. Defendants agreed to produce training records as of the date of the incident and all records related to promotions and commendations of the defendant officers immediately. The Court determined it would not review the personnel records for the employment applications of the defendant officers as their relevance is too attenuated. If counsel cannot resolve their dispute, they may contact the Court for another telephonic conference. Counsel SHALL continue to meet and confer related to the documents held in the Police Department's files related to pre-employment investigations of the defendant officers. Alternatively, if they agree as to the stipulation regarding the in camera review, they may submit a joint request for a date/time for the review. At most, only the custodian of records will be permitted to accompany the records that will be reviewed. Appearances of counsel: For Plaintiff: Roxanne Anderson, Jacqueline Setili. For Defendants: Leonard Herr, Ron Statler. (Hall, S)
October 29, 2012 Opinion or Order Filing 98 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 10/29/2012: Pursuant to the request of the parties, the Court sets a TELEPHONIC CONFERENCE re Discovery Dispute for 10/31/2012 at 03:30 PM before Magistrate Judge Jennifer L. Thurston. The moving party is DIRECTED to initiate a one-line conference call with counsel and, when all parties are on the line, call the Court at 661-326-6620. (Hall, S)
October 16, 2012 Filing 97 MOTION for SUMMARY JUDGMENT by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. Motion Hearing set for 12/3/2012 at 01:30 PM in Courtroom 2 before Chief Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities, #2 Declaration of Leonard C. Herr, #3 Statement of Undisputred Facts, #4 Declaration of Ron Eppp, #5 Declaration of Ed Lynn, #6 Declaration of Sean O'Rafferty, #7 Declaration of Carmen Esparza Landin)(Herr, Leonard)
August 27, 2012 Filing 96 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: SHOW CAUSE HEARING held on August 27, 2012 (re Doc. #94 ). Dr. Terrill Brown, M.D. was present in Court. For the reasons stated on the record, the order to show cause was discharged. Dr. Brown was ordered to appear for his deposition at the offices of Dooley, Herr and Peltzer & Richardson, 100 Willow Plaza, Suite 300, Visalia, CA 93291-1351 on September 28, 2012 at 9:00 a.m. Plaintiffs Counsel Ashley Shively (by phone) present. Defendants Counsel Kristen L. Ford present. Court Reporter/CD Number: ECRO/ O. Figueroa. (Arellano, S.)
August 27, 2012 SERVICE BY MAIL: 96 Minutes re Show Cause Hearing served on Dr. Terrill Brown, M.D., 636 W. Oak Avenue, Visalia, CA 93291. (Arellano, S.)
August 22, 2012 Filing 95 CERTIFICATE of SERVICE by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty re #94 Order to Show Cause,, Terminate Deadlines and Hearings,, Set/Reset Deadlines and Hearings,. (Herr, Leonard)
August 8, 2012 Opinion or Order Filing 94 ORDER to SHOW CAUSE Why a Contempt Citation Should Not Issue Against Terrill Brown, M.D., signed by Magistrate Judge Jennifer L. Thurston on 8/7/2012. Show Cause Hearing set for 8/27/2012 at 10:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston.(Hall, S)
August 7, 2012 Filing 93 EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE WHY A CONTEMPT CITATION SHOULD NOT ISSUE; FOR AN ORDER COMPELLING ATTENDANCE AT DEPOSITION; & FOR MONETARY SANCTIONS AGAINST TERRILL BROWN, M.D. by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Attachments: #1 Declaration of Leonard C. Herr in Support of Ex Parte Application, #2 Proposed Order to Show Cause Why a Contempt Citation Should Not Issue, #3 Proposed Order Compelling Attendance At Deposition & For Monetary Damages Against Terrill Brown, M.D.)(Herr, Leonard)
July 30, 2012 Filing 92 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: SETTLEMENT CONFERENCE held on 7/30/2012 - CASE DID NOT SETTLED. Counsel may jointly request a further settlement conference, by filing a written stipulation, if they agree that there is a substantial likelihood that an additional settlement conference would be fruitful. Plaintiff's Counsel David Weiss and Jackie Setili present. Defendants' Counsel Leonard Herr present. (Rooney, M)
July 23, 2012 Filing 91 NOTICE Of Lodging Confidential Settlement Conference Statement by Jesse Ray Lucas. (Weiss, David)
July 23, 2012 Filing 90 NOTICE of Lodging "Confidential" Settlement Conference Statement by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Herr, Leonard)
May 16, 2012 Opinion or Order Filing 89 MINUTE ORDER (Text Only) signed by Magistrate Judge Jennifer L. Thurston on May 16, 2012. Re #88 : Upon the request of counsel, the Court sets a settlement conference on July 30, 2012, at 10:00 a.m. in Courtroom 6. At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via fax or e-mail, a written itemization of damages and a meaningful settlement demand which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or with a meaningful counteroffer which includes a brief explanation of why such a settlement is appropriate. If settlement is not achieved, each party SHALL attach copies of their settlement offers to their confidential settlement conference statement. Confidential settlement conference statements SHALL be lodged to JLTOrders@caed.uscourts.gov at least 5 court days before the conference. (Hall, S)
May 14, 2012 Filing 88 STIPULATION and PROPOSED ORDER for Settlement Conference Date by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Herr, Leonard)
April 27, 2012 Opinion or Order Filing 87 MINUTE ORDER (text entry only): Based upon the request of counsel, the settlement conference set for April 30, 2012, at 10:00 a.m., is VACATED, signed by Magistrate Judge Jennifer L. Thurston on 4/27/2012. (Hall, S)
April 26, 2012 Opinion or Order Filing 86 MINUTE ORDER (TEXT only) signed by Magistrate Judge Jennifer L. Thurston on 4/26/2012. The start time for the Settlement Conference on 4/30/2012 is RESET from 9:30 AM to 10:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A)
April 23, 2012 Filing 85 NOTICE of Lodging Confidential Settlement Conference Statement by Jesse Ray Lucas. (Shively, Ashley)
April 23, 2012 Filing 84 NOTICE of Lodging "Confidential" Settlement Conference Statement by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Herr, Leonard)
January 4, 2012 Opinion or Order Filing 83 SCHEDULING ORDER signed by Magistrate Judge Jennifer L. Thurston on 1/4/2012. Pleading amendment deadline 3/23/2012. Discovery deadlines: Non expert 9/14/2012, Expert 12/14/2012. Non-Dispositive Motion deadlines: Filing 1/11/2013, hearing by 2/11/2013. Dispositive Motion deadlines: Filing 4/22/2013, hearing by 4/22/2013. Settlement Conference set for 4/30/2012 at 09:30 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 6/19/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Jury Trial set for 9/10/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Leon-Guerrero, A)
January 4, 2012 Filing 82 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: TELEPHONIC SCHEDULING CONFERENCE held on 1/4/2012. Court to issue Order. Plaintiffs Counsel C. Shea, A. Shively present. Defendants Counsel L. Herr present. Court Reporter/CD Number: FTR. (Leon-Guerrero, A)
December 28, 2011 Filing 81 JOINT SCHEDULING REPORT by Jesse Ray Lucas. (Shively, Ashley)
November 15, 2011 Opinion or Order Filing 80 STIPULATION and ORDER Lifting Stay and Setting Scheduling Conferencesigned by Magistrate Judge Jennifer L. Thurston on 11/15/2011. Scheduling Conference set for 1/4/2012 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. Filing Deadline: 12/28/2011. (Leon-Guerrero, A)
November 10, 2011 Filing 79 STIPULATION and PROPOSED ORDER for LIFTING STAY AND SETTING SCHEDULING CONFERENCE by Jesse Ray Lucas. (Shively, Ashley)
April 13, 2011 Opinion or Order Filing 78 STIPULATION and ORDER STAYING Civil Action During Pendency of Criminal Proceeding, signed by Chief Judge Anthony W. Ishii on 4/13/2011. CASE STAYED. (Jessen, A)
April 13, 2011 Filing 77 STIPULATION and PROPOSED ORDER for Staying of Civil Action During Pendency of Criminal Proceeding by Robert Carden, City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. (Herr, Leonard)
April 13, 2011 Opinion or Order Filing 76 ORDER for DISMISSAL Without Prejudice as to Defendant Taser International, Inc., signed by Chief Judge Anthony W. Ishii on 4/12/2011. (Jessen, A)
April 13, 2011 PARTY UPDATE: Taser International, Inc. terminated. (Jessen, A)
April 11, 2011 Filing 75 STIPULATION and PROPOSED ORDER for WITHOUT PREJUDICE THE ENTIRE ACTION AS TO DEFENDANT TASER INTERNATIONAL, INC. ONLY by Taser International, Inc.. (Attachments: #1 Proposed Order)(O'Linn, Mildred)
February 2, 2011 Opinion or Order Filing 74 MINUTE ORDER (TEXT ONLY) signed by Magistrate Judge Jennifer L. Thurston on 2/2/2011. In light of the information contained in the joint mid-discovery status conference report, that discovery is proceeding smoothly, the Court VACATES the Mid-discovery Status Conference currently scheduled on February 7, 2011. The parties are reminded to contact Magistrate Judge Thurston's chambers to schedule a telephonic conference if a discovery dispute arises. (Leon-Guerrero, A)
January 31, 2011 Filing 73 JOINT STATUS REPORT by Jesse Ray Lucas. (Shea, Cristina)
January 7, 2011 Opinion or Order Filing 72 MINUTE ORDER (Text Only) Signed by Magistrate Judge Jennifer L. Thurston on January 7, 2011: The Mid-Discovery Status Conference now scheduled for February 7, 2011 in Bakersfield at Truxtun before the Hon. Jennifer L. Thurston is RESET to February 7, 2011 at 9:00 AM in Courtroom Six, U.S. District Court, 2500 Tulare Street, Fresno, CA 93721 (NOTE: Time/Location Change ONLY). A Joint Mid-Discovery Status Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in CM/ECF, one (1) full week prior to the Conference, and shall be e-mailed, in WordPerfect or Word format, to jltorders@caed.uscourts.gov. Counsel may appear by telephone, providing a written request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five (5) court days before the noticed hearing date. In the event that more than one attorney requests to appear by telephone then it shall be the obligation of the requesting part(ies) to arrange and originate a conference call to the court. (Arellano, S.)
January 6, 2011 Filing 71 NOTICE OF CHANGE OF FIRM NAME by Taser International, Inc.. (O'Linn, Mildred)
January 6, 2011 Filing 70 ASSOCIATION of ATTORNEY: Added attorney William Stanley Garr for Taser International, Inc.. (O'Linn, Mildred)
January 6, 2011 Filing 69 CLERK'S NOTICE to Mildred O'Linn re #68 Notice: Please re-file your document using the correct event, Association of Counsel, which may be found under the Other Filings, Other Documents category. Do not use the generic Notice event when a more specific event is available. (Jessen, A)
January 5, 2011 Filing 68 NOTICE OF APPEARANCE AND ASSOCIATION OF ADDITIONAL COUNSEL by Taser International, Inc.. (O'Linn, Mildred)
November 18, 2010 Opinion or Order Filing 67 MINUTE ORDER (TEXT only) signed by Magistrate Judge Jennifer L. Thurston on 11/18/2010. The Jury Trial date and time indicated in the Scheduling Order #65 is corrected to: Jury Trial set for 5/8/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Leon-Guerrero, A)
October 18, 2010 Filing 66 NOTICE OF UNAVAILABILITY OF LEAD TRIAL COUNSEL by Taser International, Inc.. (O'Linn, Mildred)
October 6, 2010 Opinion or Order Filing 65 SCHEDULING ORDER signed by Magistrate Judge Jennifer L. Thurston on 10/6/2010. Discovery Deadlines: Initial Disclosures completed. Non Expert 6/24/2011, Expert 10/7/2011, Mid-Discovery Status Conference 2/7/2011. Non-Dispositive Motion Deadlines: Filing 10/14/2011, Hearing 11/11/2011. Dispositive Motion Deadlines: Filing 12/2/2011, Hearing 1/16/2012. Settlement Conference set for 12/19/2011 at 09:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 3/9/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Jury Trial set for 5/8/2012 at 09:00 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Leon-Guerrero, A)
October 6, 2010 Filing 64 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: SCHEDULING CONFERENCE held on 10/6/2010. Court to issue Scheduling Order. Plaintiffs Counsel C. Shea present. Defendants Counsel T. Sain, L. Herr present. Court Reporter/CD Number: FTR. (Leon-Guerrero, A)
September 29, 2010 Filing 63 JOINT STATUS REPORT by Jesse Ray Lucas. (Shively, Ashley)
September 20, 2010 Opinion or Order Filing 62 ORDER DENYING #61 Request to Seal Record Without Prejudice, Signed by Magistrate Judge Jennifer L. Thurston on 9/20/2010. (Arellano, S.)
September 17, 2010 Filing 61 DECLARATION of Ashley L. Shively In Support of Proposed Order to Withdraw Plaintiff's Rule 26(a) Disclosures and PROPOSED ORDER by Jesse Ray Lucas. (Attachments: #1 Declaration Declaration of Ashley Shively)(Lifson-Leu, Amy)
September 17, 2010 Opinion or Order Filing 60 ORDER SETTING MANDATORY SCHEDULING CONFERENCE, Signed by Magistrate Judge Jennifer L. Thurston. (Arellano, S.)
September 17, 2010 Opinion or Order Filing 59 MINUTE ORDER (Text Entry Only) signed by Magistrate Judge Jennifer L. Thurston on 9/17/2010: Due to the reassignment of this action to Magistrate Judge Jennifer L. Thurston, the Initial Scheduling Conference now set for 9/27/2010 is RESET for 10/6/2010 at 09:30 AM in Bakersfield at Truxtun before Magistrate Judge Jennifer L. Thurston. The parties are directed to file a joint scheduling conference statement ONE FULL WEEK prior to the above hearing. (Arellano, S.)
September 17, 2010 Filing 58 (RULE 26(a) DISCLOSURES by Plaintiff Jesse Ray Lucas) DECLARATION of Ashley Shively. (Lifson-Leu, Amy)
September 13, 2010 Opinion or Order Filing 57 ORDER by Chief Judge Anthony W. Ishii: Due to the recent appointment of Magistrate Judge Jennifer L. Thurston to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Dennis L. Beck for all further proceedings. (Hutcheson, C)
August 23, 2010 Filing 56 ANSWER to THIRD AMENDED COMPLAINT with Jury Demand by Taser International, Inc..(O'Linn, Mildred) Modified on 11/16/2010 (Davis, D).
August 23, 2010 Filing 55 ANSWER to THIRD AMENDED COMPLAINT with Jury Demand by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty.(Herr, Leonard) Modified on 11/16/2010 (Davis, D).
August 2, 2010 Filing 54 THIRD AMENDED COMPLAINT against All Defendants by Jesse Ray Lucas. Attorney Shively, Ashley L. added.(Shively, Ashley)
July 23, 2010 Opinion or Order Filing 53 PROTECTIVE ORDER signed by Magistrate Judge Dennis L. Beck on 7/22/2010. (Hernandez, M)
July 21, 2010 Opinion or Order Filing 52 ORDER on #42 Taser International's Rule 12(b)(6) Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 7/20/2010. Plaintiff may file an amended complaint consistent with this order no later than 8/4/2010. (Jessen, A)
July 15, 2010 (DISREGARD - pursuant to erroneous pro hac vice application. Attorney admitted per calbar registration) RECEIPT number #CAE200027907 $180.00 fbo Shareef S Farag by Manning and Marder on 7/14/2010. (Owen, K) Modified on 7/15/2010 (Owen, K).
July 14, 2010 Opinion or Order Filing 51 ORDER VACATING July 19, 2010, Hearing Date and Taking Matter Under Submission signed by Chief Judge Anthony W. Ishii on 7/13/2010. (Figueroa, O)
July 12, 2010 Filing 50 REPLY by Taser International, Inc. to RESPONSE to #42 MOTION to DISMISS. (O'Linn, Mildred)
July 9, 2010 Filing 49 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Taser International, Inc. for attorney Shareef S. Farag to appear Pro Hac Vice. (O'Linn, Mildred)
July 8, 2010 Filing 48 DESIGNATION of COUNSEL FOR SERVICE., attorney James Michael Arrowood terminated (O'Linn, Mildred)
July 2, 2010 Filing 47 STIPULATION and PROPOSED ORDER for Protective Order by Jesse Ray Lucas. (Weiss, David)
July 1, 2010 Filing 46 OPPOSITION by Jesse Ray Lucas to #42 MOTION to DISMISS. (Lifson-Leu, Amy)
May 25, 2010 Filing 45 **DISREGARD**ASSOCIATION of ATTORNEY: Added attorney James Michael Arrowood and Mildred K O'Linn for Taser International, Inc.. (O'Linn, Mildred) Modified on 5/26/2010 (Matson, R).
May 25, 2010 Filing 44 ASSOCIATION of ATTORNEY: Added attorney James Michael Arrowood and Mildred K O'Linn for Taser International, Inc.. (O'Linn, Mildred)
May 25, 2010 Filing 43 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the pending Motion to Dismiss which is currently set for 7/19/2010. The Scheduling Conference is therefore continued from 6/9/2010 to 9/27/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. A joint scheduling report is due one week before the new conference date. (Hernandez, M)
May 13, 2010 Filing 42 MOTION to DISMISS by Taser International, Inc.. Motion Hearing set for 7/19/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities)(O'Linn, Mildred)
May 12, 2010 Filing 41 ANSWER to AMENDED COMPLAINT by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty.(Herr, Leonard)
April 29, 2010 Filing 40 NOTICE of CHANGE of ADDRESS by Amy Lifson-Leu. (Lifson-Leu, Amy)
April 22, 2010 Filing 39 SECOND AMENDED COMPLAINT against City of Visalia, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty, Taser International, Inc. by Jesse Ray Lucas.(Lifson-Leu, Amy)
April 12, 2010 Opinion or Order Filing 38 ORDER GRANTING IN PART AND DENYING IN PART Defendants' #33 Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 4/8/2010. (Sant Agata, S)
March 9, 2010 Opinion or Order Filing 37 ORDER vacating hearing date of March 15, 2010 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 3/9/10. (Nazaroff, H)
March 8, 2010 Filing 36 REPLY by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty re #33 MOTION to DISMISS. (Herr, Leonard)
March 1, 2010 Filing 35 OPPOSITION by Jesse Ray Lucas to #33 MOTION to DISMISS. (Lifson-Leu, Amy)
January 8, 2010 Filing 34 MINUTE ORDER: ***TEXT ONLY ENTRY*** As there is a Motion to Dismiss currently set for 3/15/2010, the Scheduling Conference currently set for 1/19/2010 has been continued to 6/9/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Timken, A)
December 29, 2009 Filing 33 MOTION to DISMISS by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. Motion Hearing set for 3/15/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities)(Herr, Leonard)
December 18, 2009 Filing 32 ANSWER to AMENDED COMPLAINT by Taser International, Inc..(O'Linn, Mildred)
December 9, 2009 Filing 31 AMENDED COMPLAINT against all defendants by Jesse Ray Lucas.(Lifson-Leu, Amy)
November 23, 2009 Filing 30 CLERK'S NOTICE of DOCKET CORRECTION : Please disregard Party Update. Parties terminated in error. (Sondheim, M)
November 20, 2009 Opinion or Order Filing 29 ORDER on Defendants' #20 Motion to Dismiss, signed by Chief Judge Anthony W. Ishii on 11/19/2009. Defendants' motion to dismiss the Second, Third, Fourth, Seventh, and Eighth causes of action is GRANTED with leave to amend; Defendants' motion to dismiss the Ninth cause of action is GRANTED without leave to amend; All 42 U.S.C. 1983 claims against Defendants Officers Esparza and O'Rafferty in their official capacities and the Visalia Police Department are DISMISSED without leave to amend; Plaintiff may file an amended complaint within twenty (20) days of service of this order; and If Plaintiff fails to file a timely amended complaint, Defendants shall file an answer within thirty (30) days of service of this order. Amended Complaint due by 12/14/2009. (Sondheim, M)
November 20, 2009 PARTY UPDATE: Visalia Police Officer Carmen Esparza and Visalia Police Officer Sean O'Rafferty terminated. (Sondheim, M)
November 18, 2009 Filing 28 MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to agreement by all parties, the Scheduling Conference is CONTINUED from 12/2/2009 to 1/19/2010 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. A joint scheduling report is due one week before the conference. (Hernandez, M)
October 13, 2009 Opinion or Order Filing 27 ORDER Dismissing Defendant Robert Carden Only in Light of Stipulation of Dismissal without Prejudice, signed by Chief Judge Anthony W. Ishii on 10/9/09. Robert Carden terminated.(Verduzco, M)
October 1, 2009 Opinion or Order Filing 26 ORDER VACATING October 5, 2009, Hearing Date and Taking Matter Under Submission, signed by Chief Judge Anthony W. Ishii on 9/30/09: As of October 5, 2009, the Court will take this motion to dismiss under submission and will thereafter issue its decision. (Hellings, J)
September 28, 2009 Filing 25 REPLY by City of Visalia, Visalia Police Department, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty re #20 MOTION to DISMISS. (Herr, Leonard)
September 21, 2009 Filing 24 OPPOSITION by Jesse Ray Lucas to #20 MOTION to DISMISS. (Weiss, David)
September 16, 2009 Filing 23 NOTICE of VOLUNTARY DISMISSAL by Jesse Ray Lucas. (Weiss, David)
September 11, 2009 Filing 22 NOTICE of CHANGE of ADDRESS by David Evan Weiss. (Weiss, David)
August 27, 2009 Filing 21 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the pending Motion to Dismiss set for hearing before the Court. The Scheduling Conference is RESET from 9/17/2009 to 12/2/2009 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. The parties should contact the Court, should the new date and time cause a conflict. (Hernandez, M)
August 10, 2009 Filing 20 MOTION to DISMISS by City of Visalia, Visalia Police Department, Robert Carden, Visalia Police Officer Carmen Esparza, Visalia Police Officer Sean O'Rafferty. Attorney Herr, Leonard Charles added. Motion Hearing set for 10/5/2009 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities)(Herr, Leonard)
August 7, 2009 Opinion or Order Filing 19 PRO HAC VICE ORDER signed by Chief Judge Anthony W. Ishii on 08/07/2009. Added attorney Holly Gibeaut, PHV for Taser International, Inc. (Flores, E)
August 7, 2009 RECEIPT number #CAE100007835 $180.00 fbo Holly Gibeaut by Manning and Marder on 8/7/2009, re #18 Pro Hac Vice Application. (Jessen, A)
August 6, 2009 Filing 18 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Taser International, Inc. for attorney Holly Gibeaut to appear Pro Hac Vice. (O'Linn, Mildred)
July 14, 2009 Filing 17 NOTICE OF INTERESTED PARTIES PURSUANT TO LOCAL RULE 7.1-1 by Taser International, Inc.. (O'Linn, Mildred)
July 14, 2009 Filing 16 ANSWER to COMPLAINT with Jury Demand by Taser International, Inc.. Attorney O'Linn, Mildred K added.(O'Linn, Mildred)
July 1, 2009 Filing 15 SUMMONS RETURNED EXECUTED: Taser International, Inc. served on 6/22/2009, answer due 7/13/2009. (Demeter, Megan)
June 22, 2009 Filing 14 CERTIFICATE of SERVICE by Jesse Ray Lucas. (Demeter, Megan)
June 22, 2009 Filing 13 WAIVER of SERVICE RETURNED EXECUTED: City of Visalia Waiver sent on 6/11/2009, answer due 8/10/2009. (Demeter, Megan)
June 22, 2009 Filing 12 WAIVER of SERVICE RETURNED EXECUTED: Visalia Police Officer Sean O'Rafferty Waiver sent on 6/11/2009, answer due 8/10/2009. (Demeter, Megan)
June 22, 2009 Filing 11 WAIVER of SERVICE RETURNED EXECUTED: Visalia Police Officer Carmen Esparza Waiver sent on 6/11/2009, answer due 8/10/2009. (Demeter, Megan)
June 22, 2009 Filing 10 WAIVER of SERVICE RETURNED EXECUTED: Robert Carden Waiver sent on 6/11/2009, answer due 8/10/2009. (Demeter, Megan)
June 10, 2009 Filing 9 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 9/17/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: #1 Consent Forms, #2 VDRP Forms) (Jessen, A)
June 10, 2009 Filing 8 SUMMONS ISSUED as to *Visalia Police Officer Sean O'Rafferty* with answer to complaint due within *20* days. Attorney *David Evan Weiss* *Reed Smith LLP* *2 Embarcadero Center, Suite 2000* *San Francisco, CA 94111*. (Jessen, A)
June 10, 2009 Filing 7 SUMMONS ISSUED as to *Visalia Police Officer Carmen Esparza* with answer to complaint due within *20* days. Attorney *David Evan Weiss* *Reed Smith LLP* *2 Embarcadero Center, Suite 2000* *San Francisco, CA 94111*. (Jessen, A)
June 10, 2009 Filing 6 SUMMONS ISSUED as to *Visalia Police Department* with answer to complaint due within *20* days. Attorney *David Evan Weiss* *Reed Smith LLP* *2 Embarcadero Center, Suite 2000* *San Francisco, CA 94111*. (Jessen, A)
June 10, 2009 Filing 5 SUMMONS ISSUED as to *Taser International, Inc.* with answer to complaint due within *20* days. Attorney *David Evan Weiss* *Reed Smith LLP* *2 Embarcadero Center, Suite 2000* *San Francisco, CA 9411*. (Jessen, A)
June 10, 2009 Filing 4 SUMMONS ISSUED as to *City of Visalia* with answer to complaint due within *20* days. Attorney *David Evan Weiss* *Reed Smith LLP* *2 Embarcadero Center, Suite 2000* *San Francisco, CA 94111*. (Jessen, A)
June 10, 2009 Filing 3 SUMMONS ISSUED as to *Robert Carden* with answer to complaint due within *20* days. Attorney *David Evan Weiss* *Reed Smith LLP* *2 Embarcadero Center, Suite 2000* *San Francisco, CA 94111*. (Jessen, A)
June 10, 2009 Filing 1 COMPLAINT FOR DAMAGES FOR: 1. VIOLATIONS OF CIVIL RIGHTS UNDER 42 U.S.C. SECTION 1983; 2. ASSAULT AND BATTERY; 3. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 4. CALIFORNIA CIVIL CODE SECTION 52.1; 5. CALIFORNIA CIVIL CODE SECTION 51.7; 6. POLICE NEGLIGENCE; 7. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; 8. PRODUCTS LIABILITY-NEGLIGENCE; AND 9. PRODUCTS LIABILITY-STRICT LIABILITY against all defendants by Jesse Ray Lucas. Attorney Weiss, David Evan added. (Attachments: #1 Civil Cover Sheet)(Weiss, David)
June 10, 2009 RECEIPT number #CAE100007240 $350.00 fbo Jesse Ray Lucas by David Weiss on 6/10/2009. (Figueroa, O)

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Search for this case: Lucas v. City of Visalia et al
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Plaintiff: Jesse Ray Lucas
Represented By: Cristina Martell Shea
Represented By: Amy Lifson-Leu
Represented By: Megan Kathleen Demeter
Represented By: David Evan Weiss
Represented By: Jaclyn Marie Setili
Represented By: Ashley L. Shively
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Defendant: City of Visalia
Represented By: Leonard Charles Herr
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Defendant: Visalia Police Department
Represented By: Leonard Charles Herr
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Defendant: Robert Carden
Represented By: Leonard Charles Herr
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Defendant: Visalia Police Officer Carmen Esparza
Represented By: Leonard Charles Herr
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Defendant: Visalia Police Officer Sean O'Rafferty
Represented By: Leonard Charles Herr
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Defendant: Taser International, Inc.
Represented By: Holly Gibeaut, PHV
Represented By: Mildred K. O'Linn
Represented By: James Michael Arrowood
Represented By: William Stanley Garr
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