Prescott et al v. County of Stanislaus et al
Rachel Prescott, A.P., C.P., P.R., T.P., Y.P., M.P. and Marilyn Prescott |
County of Stanislaus, Adam Christianson, California Forensic Medical Group, Inc., Chad Blake, Gary Lake, Adam Voortman, Shaun Murphy, Brian Munguia, Santos De Los Santos, Richard Aziz, John Boy Palarca, Amanda Gibson, John Baker and Patricia Spurgeon |
Byron H Miller |
1:2010cv00592 |
April 6, 2010 |
US District Court for the Eastern District of California |
Fresno Office |
Stanislaus |
Jennifer L Thurston |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Both |
Docket Report
This docket was last retrieved on August 29, 2017. A more recent docket listing may be available from PACER.
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Filing 152 ORDER GRANTING #151 Request to Disburse Funds from Blocked Account to M.P., signed by Magistrate Judge Jennifer L. Thurston on 8/29/2017. (Hall, S) |
SERVICE BY MAIL: #152 Order served on Rachel Prescott. (Hall, S) |
Filing 151 PETITION for withdrawal of funds from blocked account and proposed order by Rachel Prescott. (Attachments: #1 Proposed Order)(Lundstrom, T) |
RE-SERVICE BY MAIL: #150 Order, served on Rachel Prescott. (Marrujo, C) |
Filing 150 ORDER GRANTING #149 Request to Disburse Funds from Blocked Account to R.P., signed by Magistrate Judge Jennifer L. Thurston on 7/21/2015. (Hall, S) |
SERVICE BY MAIL: #150 Order served on Rachel Prescott. (Hall, S) |
Filing 149 PETITION for Withdrawal of Funds From Blocked Account by A.P., C.P., M.P., Marilyn Prescott, Rachel Prescott, R.P., T.P., Y.P. (Attachments: #1 Proposed Order). (Jessen, A) |
Filing 148 ORDER GRANTING #147 Request to Disburse Funds from Blocked Account to C.P., signed by Magistrate Judge Jennifer L. Thurston on 8/19/2014. (Hall, S) |
SERVICE BY MAIL: #148 Order to Disburse Funds served on Rachel Prescott. (Hall, S) |
Filing 147 MOTION/Petition for Withdrawal of Funds From Blocked Account and (Proposed) Order by Rachel Prescott. (Hellings, J) |
Filing 146 ORDER GRANTING Request for Withdrawal of Funds from Blocked Account #145 , signed by Magistrate Judge Jennifer L. Thurston on 3/4/2013. (Hall, S) |
SERVICE BY MAIL: #146 Order on Motion for Miscellaneous Relief served on Rachel Prescott. (Hall, S) |
Filing 145 MOTION/Petition for Withdrawal of Funds From Blocked Account and Proposed Order by Rachel Prescott. (Jessen, A) |
Filing 144 ORDER DISREGARDING Stipulation to Dismiss the Case With Prejudice re #143 , signed by Magistrate Judge Jennifer L. Thurston on 9/7/2012. (Hall, S) |
Filing 143 STIPULATION of DISMISSAL Stipulation for Voluntary Dismissal with Prejudice by A.P., C.P., Marilyn Prescott, Rachel Prescott, R.P., T.P., Y.P.. (Burris, John) |
Filing 142 ORDER GRANTING #141 Stipulation to Dismiss the Case With Prejudice, signed by Magistrate Judge Jennifer L. Thurston on 8/15/2012. CASE CLOSED. (Jessen, A) |
Filing 141 STIPULATION of DISMISSAL Stipulation for Voluntary Dismissal with Prejudice by Rachel Prescott. (Burris, John) |
Filing 140 ORDER GRANTING the Petition to Approve Settlement of the Claims of the Minor Plaintiffs, signed by Magistrate Judge Jennifer L. Thurston on 6/18/2012. (Kusamura, W) |
Filing 139 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: IN COURT HEARING held on 6/18/2012. All 6 minors were present along with the mother of minors. Court reviewed the Settlement of the Minor's claims. The Court GRANTED the Petition. Court to issue order. Plaintiffs Counsel J Burris present. Defendants Counsel J Whitefleet (Telephonic) Court Reporter/CD Number: ECRO - Otilia Figueroa. (Kusamura, W) |
Filing 138 NOTICE of non-opposition to petition to approve settlement of claims of minor plaintiffs by John Baker, California Forensic Medical Group, Inc. re #131 Petition. (Varanini, Jerome) |
Filing 137 ORDER GRANTING Stipulation to Continue Motion for Approval of Minors' Compromise #136 , signed by Magistrate Judge Jennifer L. Thurston on June 6, 2012. (Hall, S) |
Filing 136 STIPULATION and PROPOSED ORDER for to Continue Hearing on Plaintiffs' Petition to Approve the Compromise of Minors' Claims and for Attorney's Fees and Costs re #131 Petition by A.P., C.P., M.P., Marilyn Prescott, Rachel Prescott, R.P., T.P., Y.P.. (Burris, John) |
Filing 135 PROPOSED ORDER re Compromise of Minors' Claims and for Attorneys' Fees and Costs re #131 Petition by A.P., C.P., M.P., Marilyn Prescott, Rachel Prescott, R.P., T.P., Y.P.. (Burris, John) |
Filing 134 DECLARATION of John L. Burris in Support of Plaintiffs' Petition to Approve Settlement of Claims of Minor Plaintiffs re #131 Petition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Burris, John) |
Filing 133 DECLARATION of John L. Burris in Support of Plaintiffs' Petition to Approve Settlement of Claims of Minor Plaintiffs re #131 Petition. (Burris, John) |
Filing 132 MINUTE ORDER (Text Only) signed by Magistrate Judge Jennifer L. Thurston on May 16, 2012. Pursuant to Local Rule 202, Plaintiffs' petition to approve settlement of minors' claims, SHALL be heard on June 11, 2012 at 10:00 a.m. in Courtroom 6. Rachel Prescott and the minor children SHALL be present, as required by Local Rule 202(d) unless, not later than May 29, 2012, Rachel Prescott files a motion demonstrating good cause to excuse the children's appearance at the hearing. No later than May 29, 2012, Counsel for plaintiffs SHALL file a supplemental declaration setting forth the costs incurred in this matter and how the costs were necessary to the prosecution of the action. (Hall, S) |
Filing 131 PETITION for Plaintiffs' Petition to Approve Settlement of Claims of Minor Plaintiffs by A.P., C.P., M.P., Marilyn Prescott, Rachel Prescott, R.P., T.P., Y.P.. (Burris, John) |
Filing 130 ORDER Discharging OSC, and ORDER AFTER NOTICE OF SETTLEMENT signed by Magistrate Judge Jennifer L. Thurston on 4/11/2012. Motions filing due 5/11/2012. (Leon-Guerrero, A) |
Filing 129 NOTICE of SETTLEMENT by John Baker, California Forensic Medical Group, Inc.. (Varanini, Jerome) |
Filing 128 ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 4/10/2012. Show Cause Response due by 4/17/2012. Pretrial Conference set for 4/16/2012 is VACATED. (Leon-Guerrero, A) |
Filing 127 MINUTE ORDER (TEXT only) signed by Magistrate Judge Jennifer L. Thurston on 3/12/2012. In light of counsel's oral request to the Court to withdraw the motion for summary adjudication filed by Dr. Baker #109 and based upon the written notice of Mr. Varanini requesting that the hearing on the motion be vacated, the Court VACATES the hearing and terminates the motion. (Leon-Guerrero, A) |
Filing 126 WITHDRAWAL of #109 MOTION for SUMMARY JUDGMENT by John Baker, California Forensic Medical Group, Inc.. (Varanini, Jerome) |
Filing 125 ORDER After Notice of Settlement signed by Magistrate Judge Jennifer L. Thurston on 3/7/2012. Stipulated request for dismissal due 6/1/2012. The motion hearing on Dr. Baker's motion for summary adjudication remains on calendar for 3/12/2012 at 01:30 PM in FRESNO, Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A) |
Filing 124 NOTICE of SETTLEMENT and Request to Vacate Hearing by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Cassidy, Terence) |
Filing 123 DECLARATION of Steven R. Yourke, Esq. in OPPOSITION TO #111 MOTION for SUMMARY JUDGMENT, #109 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit Roger Clark Rule 26 Report, #2 Exhibit Dr. W. Spitz Rule 26 Report, #3 Exhibit Sgt. C. Blake deposition, #4 Exhibit Dep. G. Lake deposition, #5 Exhibit Pat Spurgeon, R. N., deposition)(Yourke, Steven) |
Filing 122 DECLARATION of Steven Yourke in OPPOSITION TO #111 MOTION for SUMMARY JUDGMENT. (Yourke, Steven) |
Filing 121 STATEMENT of Disputed Facts by Plaintiff Rachel Prescott re #111 MOTION for SUMMARY JUDGMENT. (Yourke, Steven) |
Filing 120 OPPOSITION by Rachel Prescott to #111 MOTION for SUMMARY JUDGMENT. (Yourke, Steven) |
Filing 119 DECLARATION of Steven R. Yourke, Esq. in OPPOSITION TO #109 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit Deposition of D. Mandajano, R.N., #2 Exhibit Deposition of Dr. R. Shaw, #3 Exhibit Deposition of Dr. R. Shaw, #4 Exhibit Report of Dr. R. Shaw)(Yourke, Steven) |
Filing 118 STATEMENT of Disputed Facts by Plaintiff Rachel Prescott re #109 MOTION for SUMMARY JUDGMENT. (Yourke, Steven) |
Filing 117 OPPOSITION by Rachel Prescott to #109 MOTION for SUMMARY JUDGMENT. (Yourke, Steven) |
Filing 116 ORDER GRANTING in PART Defendants' Ex Parte Application for Extension of Time (Doc. #114 ), Signed by Magistrate Judge Jennifer L. Thurston on 2/24/2012. (Arellano, S.) |
Filing 115 RESPONSE by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman to #114 Ex Parte Application. (Cassidy, Terence) |
Filing 114 EX PARTE APPLICATION to extend time to file Plaintiffs' Oppositions to Motions for Sumamry Judgment by Rachel Prescott for extension of time to file Oppositoin Briefs to Motions for Summary Judgment. (Yourke, Steven) |
Filing 113 MINUTE ORDER (Text Only), Signed by Magistrate Judge Jennifer L. Thurston on 2/14/2012: To promote judicial economy and conserve resources, the hearing on Defendants' Motion for Summary Judgment (Docs. #109 , #111 ) is RESET to 3/12/2012 at 01:30 PM in Courtroom 6 (U.S. District Court, Fresno Division) before Magistrate Judge Jennifer L. Thurston. (Arellano, S.) |
Filing 112 ORDER of USCA: The motion for clarification and reconsideration is DENIED; No further filings shall be accepted in this closed case. (Hellings, J) |
Filing 111 MOTION for SUMMARY JUDGMENT by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. Motion Hearing set for 3/12/2012 at 09:30 AM in Bakersfield at 18th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Notice, #2 Separate Statement of Undisputed Material Facts, #3 Request for Judicial Notice, #4 Declaration of Steven Traverso, #5 Declaration of Ralph Ghimenti, #6 Exh. A & B to Ghimenti Decl., #7 Exh. C, D, E and F to Ghimenti Decl., #8 Exh. G, H, I, J, K and L to Ghimenti Decl., #9 Exh. M to Ghimenti Decl., #10 Declaration of Terency J. Cassidy, #11 Exh. A to Cassidy Decl., #12 Exh. B and C to Cassidy Decl., #13 Exh. D and E to Cassidy Decl., #14 Exh. F, G and H to Cassidy Decl., #15 Exh. I, J and K to Cassidy Decl., #16 Exh. L and M to Cassidy Decl.)(Cassidy, Terence) |
Filing 110 DECLARATION of Jerome M. Varanini, Esq. in SUPPORT OF #109 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Varanini, Jerome) |
Filing 109 MOTION for SUMMARY JUDGMENT by John Baker. Motion Hearing set for 3/12/2012 at 09:30 AM in Bakersfield at 18th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities, #2 Statement of undisputed material facts, #3 Proof of Service)(Varanini, Jerome) |
Filing 108 ORDER granting in part and denying in part #94 Motion for Sanctions and/or Monetary Sanctions in Contempt of Court Orders signed by Magistrate Judge Jennifer L. Thurston on 2/4/2012. (Leon-Guerrero, A) |
Filing 107 ORDER of USCA denying Petition for Writ of Mandamus. (Lundstrom, T) |
Filing 106 NOTICE of Entry of Order from Ninth Circuit Court by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Whitefleet, John) |
Filing 105 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: MOTION HEARING re #94 Motion for Sanctions held on 2/3/2012. Court order to issue. Mr. Yourke SHALL provide to Defendants responses to all outstanding discovery propounded to Marilyn Prescott and A.P. and all requested documents and the verification by A.P.'s guardian ad litem as to the interrogatory responses. Mr. Yourke SHALL provide these responses/documents via overnight mail so that they are received by Mr. Whitefleet no later than February 7, 2012. Appearances of counsel: For Plaintiffs: Steven Yourke. For Defendants - John Whitefleet. For Byron Miller - Michael LeVangie. Court Reporter/CD Number: ECRO/CD. (Arellano, S.) |
Filing 104 REPLY by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman to RESPONSE to #94 MOTION for SANCTIONS and/or monetary sanctions in contempt of court orders. (Attachments: #1 Declaration of John R. Whitefleet and Exhibits)(Whitefleet, John) |
Filing 103 DECLARATION of MICHAEL J. LEVANGIE in OPPOSITION TO #94 MOTION for SANCTIONS and/or monetary sanctions in contempt of court orders. (Malone, Bryan) |
Filing 102 OPPOSITION by Byron H Miller to #94 MOTION for SANCTIONS and/or monetary sanctions in contempt of court orders. Attorney Malone, Bryan L. added. (Malone, Bryan) |
Filing 101 OPPOSITION by Rachel Prescott to #94 MOTION for SANCTIONS and/or monetary sanctions in contempt of court orders. (Yourke, Steven) |
Filing 100 MINUTE ORDER (Text Entry Only) signed by Magistrate Judge Gary S. Austin on 1/27/2012: In light of the parties' #99 Stipulation, the Settlement Conference currently set for 2/6/2012 at 10:30 a.m. is VACATED. The parties shall contact Courtroom Deputy Amanda Bradley via email at abradley@caed.uscourts.gov, with proposed dates to have the matter placed back on calendar. (Bradley, A) |
Filing 99 STIPULATION and PROPOSED ORDER for Continuance of Settlement Conference by Rachel Prescott. (Yourke, Steven) |
Filing 98 ORDER Granting Defendants' Ex Parte Application for Order Shortening Timesigned by Magistrate Judge Jennifer L. Thurston on 1/24/2012. (Leon-Guerrero, A) |
Filing 97 WITHDRAWAL of #85 MOTION to COMPEL Depositions of Plaintiffs' Expert Witnesses by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Whitefleet, John) |
Filing 96 CERTIFICATE of SERVICE by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman re #94 MOTION for SANCTIONS and/or monetary sanctions in contempt of court orders, #95 Ex Parte Application. (Whitefleet, John) |
Filing 95 EX PARTE APPLICATION by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman for Order Shortening time to hear motion. (Whitefleet, John) |
Filing 94 MOTION for SANCTIONS and/or monetary sanctions in contempt of court orders by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. Motion Hearing set for 2/13/2012 at 10:30 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities, #2 Declaration, #3 Exhibits to John R. Whitefleet Declaratio)(Whitefleet, John) |
Filing 93 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: Telephonic conference re: discovery dispute 92 HELD. Defense counsel reported that deponent Byron Miller had been instructed by Plaintiffs' counsel not to appear for his deposition set for later in the morning. Counsel requested an OSC re contempt be issued to Plaintiffs' counsel for sanctions, including evidentiary/issue sanctions. Plaintiffs' counsel admitted he had instructed Mr. Miller not to appear for deposition but explained that it was because he was intending to file a petition for emergency writ with the Ninth Circuit Court of Appeals to preclude the deposition and production of records by Mr. Miller. The Court reiterated that Mr. Miller was ordered to appear but that it would await an appropriate motion before taking action. The Court indicated that it had reviewed the supplemental authorities urging adoption of the "narrow approach" toward psychiatrist-patient privilege waiver submitted by Plaintiff and did not find any basis to modify its previous orders. The Court continued to rely on the "broad approach" taken by courts, including this Court, as set forth in this Court's opinion in EEOC v. CA Psychiatric Transitions, 258 FRD 391, 400-401 (ED CA 2009). Plaintiffs Counsel S. Yourke present. Defendants Counsel J. Whitefleet present. Court Reporter/CD Number: FTR. (Leon-Guerrero, A) |
Filing 92 MINUTE ORDER (TEXT only) approved by Magistrate Judge Jennifer L. Thurston on 1/11/2012. The Court sets a TELEPHONIC CONFERENCE re: Discovery Dispute for 1/11/2012 at 09:50 AM before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A) |
Filing 91 MEMORANDUM by Rachel Prescott re #77 Order on Motion to Compel,. (Yourke, Steven) |
Filing 90 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: Plaintiff is authorized to file a letter citing the authorities mentioned by counsel during the telephonic conference held on 1/10/2012. However, absent an appropriate, legally sufficient and legally condoned formal motion, the provided authorities will be considered by the Court to be informational only. In light of the undue delay in taking any action since the Court issued it's order denying the motion for reconsideration #80 , in light of the impending discovery cutoff and in light of the fact that Plaintiff has never opposed Mr. Miller's deposition and opposed only the accompanying subpoena for documents #72 , Plaintiff's request to continue the deposition of Byron Miller is DENIED. Plaintiffs Counsel S. Yourke present. Defendants Counsel J. Whitefleet present. (Leon-Guerrero, A) |
Filing 89 MINUTE ORDER (TEXT ONLY) signed by Magistrate Judge Jennifer L. Thurston on 1/10/2012. The Court sets a TELEPHONIC Conference re: Discovery Dispute for 1/10/2012 at 03:00 P.M. Attorney Whitefleet to initiate a one-line conference call with Attorney Yourke and Attorney Varanini, then dialing the Court at 661-326-6624. (Leon-Guerrero, A) |
Filing 88 WITHDRAWAL of #86 MOTION to COMPEL Plaintiffs to Comply with Court Order by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Whitefleet, John) |
Filing 87 SECOND AMENDED ORDER Granting In Part Defendants' Motions to Compel Depositions #56 , and SECOND AMENDED ORDER Granting Defendants' Motion to Compel Discovery Responses #57 signed by Magistrate Judge Jennifer L. Thurston on 1/3/2012. (Leon-Guerrero, A) |
Filing 86 MOTION to COMPEL Plaintiffs to Comply with Court Order by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. Motion Hearing set for 1/23/2012 at 09:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Whitefleet, John) |
Filing 85 MOTION to COMPEL Depositions of Plaintiffs' Expert Witnesses by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. Motion Hearing set for 1/23/2012 at 09:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Whitefleet, John) |
Filing 84 MINUTE ORDER (Text Entry Only): In light of the parties' #83 Stipulation, the Settlement Conference currently set for 1/9/2012 is CONTINUED to 2/6/2012 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Bradley, A) |
Filing 83 STIPULATION and PROPOSED ORDER for /to Move Settlement Conference by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Whitefleet, John) |
Filing 82 MINUTE ORDER (Text Entry Only) signed by Magistrate Judge Gary S. Austin on 12/16/2011: Defendant's #81 Request for permission for the insurance carrier representative to appear telephonically at the Settlement Conference set for 1/9/2012 at 10:30 a.m. is GRANTED. (Bradley, A) |
Filing 81 NOTICE of request for telephonic appearance at Settlement Conference by Insurance Representative by John Baker, California Forensic Medical Group, Inc.. (Varanini, Jerome) |
Filing 80 ORDER DENYING MOTION TO RECONSIDER #79 signed by Magistrate Judge Jennifer L. Thurston on 12/8/2011. (Leon-Guerrero, A) |
Filing 79 APPLICATION for Reconsideration of Order Compelling Deposition and Disclosure of Mental Health Records by Rachel Prescott re #77 Order on Motion to Compel,. (Yourke, Steven) |
Filing 78 AMENDED ORDER Granting in Part Defendant's Motions to Compel Depositions #56 , and ORDER Granting Defendants' Motion to Compel Discovery Responses #57 signed by Magistrate Judge Jennifer L. Thurston on 11/22/2011. (Leon-Guerrero, A) |
Filing 77 ORDER granting in part and denying in part #56 motion to compel depositions; and ORDER granting #57 Motion to Compel discovery responses signed by Magistrate Judge Jennifer L. Thurston on 11/21/2011. (Leon-Guerrero, A) |
Filing 76 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: MOTION HEARING held on 11/21/2011. Court to issue order. Defendants Counsel J. Whitefleet present. Court Reporter/CD Number: FTR. (Leon-Guerrero, A) |
Filing 75 REPLY by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman re #57 MOTION to COMPEL Responses to Interrogatories and Request for Production of Documents. (Whitefleet, John) |
Filing 74 REPLY by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman to RESPONSE to #56 MOTION to COMPEL Depositions of Byron Miller and James Pick and Motion to Compel Compliance with Subpoena Duces Tecum. (Whitefleet, John) |
Filing 73 MINUTE ORDER (TEXT only) signed by Magistrate Judge Jennifer L. Thurston on 11/16/2011. The Court resets motion hearings re #56 and #57 to TELEPHONIC on 11/21/2011 at 10:00 AM in Bakersfield. Counsel to appear on a one-line conference call to 661-326-6624 or make reservations via Court Call. Send appearance confirmation to Deputy Clerk at aleon-guerrero@caed.uscourts.gov. (Leon-Guerrero, A) |
Filing 72 OPPOSITION by Rachel Prescott to #56 MOTION to COMPEL Depositions of Byron Miller and James Pick and Motion to Compel Compliance with Subpoena Duces Tecum. (Yourke, Steven) |
Filing 71 STIPULATION and ORDER MODIFYING SCHEDULING ORDER signed by Magistrate Judge Jennifer L. Thurston on 11/9/2011. Disclose Expert Witnesses 11/30/2011. Disclose Supplemental/Rebuttal Experts 12/20/2011. Complete Expert Discovery 1/31/2012. Dispositive Motion Filing deadline 2/10/2012, hearing by 3/12/2012. Final Pretrial Conference set for 4/16/2012 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A) |
Filing 70 STIPULATION and PROPOSED ORDER for /to Modify Pretrial Scheduling Order by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. Attorney Whitefleet, John Robert added. (Whitefleet, John) |
Filing 69 MINUTE ORDER (TEXT only) signed by Magistrate Judge Jennifer L. Thurston on 11/8/2011. In light of the reassignment of the matter to Magistrate Judge Thurston, the settlement conference, currently set on 1/13/12 will be ADVANCED to 1/9/12 at 10:30 a.m. in Courtroom 10 before Magistrate Judge Gary S. Austin.(Leon-Guerrero, A) |
Filing 68 ORDER GRANTING STIPULATION to DISMISS DEFENDANT PATRICIA SPURGEON and AMANDA GIBSON signed by Magistrate Judge Jennifer L. Thurston on 11/7/2011. (Leon-Guerrero, A) |
Filing 67 CONSENT ORDER REASSIGNING CASE for all purposes to Magistrate Judge Jennifer L. Thurston signed by Chief Judge Anthony W. Ishii on 11/3/2011. The new case number is 1:10-cv-00592-JLT. (Sant Agata, S) |
Filing 66 ORDER Discharging OSC signed by Magistrate Judge Jennifer L. Thurston on 11/1/2011. (Leon-Guerrero, A) |
Filing 65 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by A.P., C.P., M.P., Marilyn Prescott, Rachel Prescott, R.P., T.P., Y.P.. (Burris, John) |
Filing 64 CERTIFICATE of SERVICE by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman re 59 Minute Order,, Set/Reset Motion Hearing, #56 MOTION to COMPEL Depositions of Byron Miller and James Pick and Motion to Compel Compliance with Subpoena Duces Tecum. (Cassidy, Terence) |
Filing 63 CLERK'S NOTICE of DOCKET CORRECTION. Document #60 CONSENT ORDER REASSIGNING CASE was docketed in error. PLEASE DISREGARD that ORDER. The case number is 1:10-cv-00592 --- JLT. (Leon-Guerrero, A) |
Filing 62 ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 10/18/2011. Show Cause Response due by 11/2/2011. (Leon-Guerrero, A) |
Filing 61 STIPULATION and PROPOSED ORDER for Dismissal of Amanda Gibson, F.N.P. and Patricia Spurgeon, R.N. by John Baker, California Forensic Medical Group, Inc., Amanda Gibson, Patricia Spurgeon. (Varanini, Jerome) |
Filing 60 CONSENT ORDER REASSIGNING CASE for all purposes to Magistrate Judge Jennifer L. Thurston signed by Chief Judge Anthony W. Ishii on 10/18/2011. (Leon-Guerrero, A) |
Filing 59 MINUTE ORDER (TEXT only) signed by Magistrate Judge Jennifer L. Thurston on 10/17/2011. The Court RESETS motions [56, 57] from 11/14/2011 to 11/21/2011at 10:00 AM in Fresno, Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A) |
Filing 58 CONSENT to VDRP by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman.(Cassidy, Terence) |
Filing 57 MOTION to COMPEL Responses to Interrogatories and Request for Production of Documents by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. Motion Hearing set for 11/14/2011 at 09:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities, #2 Declaration of Ashley Wisniewski and Exhibits A-G, #3 Proposed Order)(Wisniewski, Ashley) |
Filing 56 MOTION to COMPEL Depositions of Byron Miller and James Pick and Motion to Compel Compliance with Subpoena Duces Tecum by Richard Aziz, John Baker, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. Attorney Wisniewski, Ashley Mary added. Motion Hearing set for 11/14/2011 at 09:00 AM in Courtroom 6 (JAM) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities, #2 Declaration of Ashley Wisniewski and Exhibits A-G, #3 Proposed Order)(Wisniewski, Ashley) |
Filing 55 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by John Baker, California Forensic Medical Group, Inc., Amanda Gibson, Patricia Spurgeon. (Varanini, Jerome) |
Filing 54 ORDER by Chief Judge Anthony W. Ishii: Due to the impending retirement of Senior U.S. District Judge Oliver W. Wanger, the assignment of this action to him is hereby withdrawn. This action remains assigned only to the previously assigned U.S. Magistrate Judge. The parties must complete the attached consent form and indicate whether or not they consent to U.S. Magistrate Judge jurisdiction. All previously set hearing dates occurring within 60 days of this order are vacated. (Attachments: #1 Consent Form) (Verduzco, M) |
Filing 53 STIPULATION and ORDER to modify Pretrial Scheduling Order, signed by Senior Judge Oliver W. Wanger on 9/8/2011. (Kusamura, W) |
Filing 52 STIPULATION and PROPOSED ORDER for Modify Pretrial Scheduling Order by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Cassidy, Terence) |
Filing 51 NOTICE of Unavailability of Counsel by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Cassidy, Terence) |
Filing 50 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: MOTION HEARING re Defendants' Motion to Compel Third Party Compliance with Subpoenas Duces Tecum (Doc. #38 ) held on 5/23/2011. The Court GRANTED Defendants' unopposed motion. Stanislaus County Behavioral Health and Doctors Behavioral Health Center were ORDERED to produce within 10 days the documents requested in the subpoena duces tecum dated March 29, 2011. Written order to follow. Appearances of Counsel: Terence J. Cassidy, Kristina M. Hall. Court Reporter/CD Number: ECRO, O. Figueroa. (Arellano, S.) |
Filing 49 ORDER Granting #38 Defendants' Motion to Compel signed by Magistrate Judge Jennifer L. Thurston on 5/23/2011. (Leon-Guerrero, A) |
SERVICE BY MAIL: #49 Order on Motion to Compel served on Stanislaus County Behavioral Health and Recovery Services, Doctors Behavioral Health Center. (Leon-Guerrero, A) |
Filing 48 STATEMENT of NON-OPPOSITION by Rachel Prescott to #38 MOTION to COMPEL Third Party Compliance with Subpoenas Duces Tecum. (Yourke, Steven) |
Filing 47 STIPULATION and ORDER to Modify Pretrial Scheduling Order signed by Judge Oliver W. Wanger on 5/19/2012. (Non-Expert Discovery Deadline: 9/30/2011; Designation of Expert Witnesses due by 10/21/2011; Expert Discovery due by 12/23/2011; Non-Dispositive Motions filed by 12/30/2011; Settlement Conference set for 1/13/2012 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston; Dispositive Motions filed by 1/23/2012; Non-Dispositive Motions Hearing set for 1/27/2012 at 9:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston; Dispositive Motions Hearing set for 2/20/2012 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Pretrial Conference set for 4/2/2012 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 5/15/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O) |
Filing 46 STIPULATION and PROPOSED ORDER for to Modify Pretrial Scheduling Order by Richard Aziz, Chad Blake, Adam Christianson, County of Stanislaus, Santos De Los Santos, Gary Lake, Brian Munguia, Shaun Murphy, John Boy Palarca, Adam Voortman. (Cassidy, Terence) |
Filing 45 FIRST AMENDED ANSWER to #35 Amended Complaint with Jury Demand by California Forensic Medical Group, Inc., Amanda Gibson, John Baker, Patricia Spurgeon. Attorney Varanini, Jerome Martin added.(Varanini, Jerome) |
Filing 44 ANSWER with Jury Demand by Adam Christianson, County of Stanislaus, Chad Blake, Gary Lake, Adam Voortman, Shaun Murphy, Brian Munguia, Santos De Los Santos, Richard Aziz, John Boy Palarca. Attorney Cassidy, Terence John added.(Cassidy, Terence) |
Filing 43 MEMORANDUM DECISION Re: Plaintiffs' Motion to File First Amended Complaint #34 , signed by Judge Oliver W. Wanger on 4/25/2011. (Plaintiffs unopposed motion to amend is GRANTED, Fed. R. Civ. P. 15(b), and the revised first amended complaint, filed on April 19, 2011, Doc. 37, is deemed the operative first amended complaint. It is deemed filed April 19, 2011.) (Gaumnitz, R) |
Filing 42 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 4/25/2011. No appearance was made by Plaintiffs. The Court ORDERED #37 deemed the operative first amended complaint, filing date of 4/19/2011 remains unchanged. Memorandum decision to follow. Defendants Counsel A. Wisniewski present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
Filing 41 CERTIFICATE of SERVICE by Adam Christianson, County of Stanislaus re #38 MOTION to COMPEL Third Party Compliance with Subpoenas Duces Tecum. (Cassidy, Terence) |
Filing 40 MINUTE ORDER (TEXT only) by Deputy Clerk. Defendant's counsel is directed to file proof of service of the Motion to Compel as to the 3rd party identified in the pleadings. (Leon-Guerrero, A) |
Filing 39 STATEMENT of NON-OPPOSITION by California Forensic Medical Group, Inc. to #34 MOTION to AMEND the #2 Complaint. (Varanini, Jerome) |
Filing 38 MOTION to COMPEL Third Party Compliance with Subpoenas Duces Tecum by Adam Christianson, County of Stanislaus. Motion Hearing set for 5/23/2011 at 10:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Notice, #2 Declaration)(Cassidy, Terence) |
Filing 37 EXHIBIT Proposed Amended Complaint - revised re #34 MOTION to AMEND the #2 Complaint filed by Rachel Prescott. (Yourke, Steven) |
Filing 36 STATEMENT of NON-OPPOSITION by Adam Christianson, County of Stanislaus to #34 MOTION to AMEND the #2 Complaint. (Cassidy, Terence) |
Filing 35 FIRST AMENDED COMPLAINT against California Forensic Medical Group, Inc., Adam Christianson, County of Stanislaus by Rachel Prescott.(Yourke, Steven) |
Filing 34 MOTION to AMEND the #2 Complaint by Rachel Prescott. Motion Hearing set for 4/25/2011 at 10:00 AM in Courtroom 3 (KJM) before Judge Oliver W. Wanger. (Attachments: #1 Exhibit Proposed Amended Complaint)(Yourke, Steven) |
Filing 33 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/27/2010. (Leon-Guerrero, A) |
Filing 32 STIPULATION and PROPOSED ORDER for Stipulated Protective Order by Adam Christianson, County of Stanislaus. (Cassidy, Terence) |
Filing 31 SCHEDULING CONFERENCE ORDER, signed by Judge Oliver W. Wanger on 11/4/2010. ( Discovery Cut-Off: 10/1/2011, Non-Dispositive Motion Filing Deadline: 10/14/2011, Non-Dispositive Motion Hearing set 11/18/2011 at 9:00 AM in Bakersfield on 18th Street (JLT) before Magistrate Judge Jennifer L. Thurston, Dispositive Motion Filing Deadline: 11/14/2011, Dispositive Motion Hearing set for 12/12/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Settlement Conference set for 8/4/2011 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston, Pretrial Conference set for 1/23/2012 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Jury Trial set for 3/6/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) (Gaumnitz, R) |
Filing 30 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: INITIAL SCHEDULING CONFERENCE held in chambers and off the record on 11/4/2010. Written order to follow. Plaintiffs Counsel S. York telephonically present. Defendants Counsel T. Cassidy and J. Varanini telephonically present. (Gaumnitz, R) |
Filing 29 MINUTE ORDER (Text Only): The Request for Telephonic Appearance is GRANTED. Those parties wishing to appear by phone are directed to coordinate a ONE LINE conference call (either through the operator or on an internal phone system). After all parties appearing telephonically are on the line, please call Judge Wanger's chambers at (559) 499-5650 at 8:15 a.m. on 11/4/2010. Please email Courtroom Deputy Renee Gaumnitz at rgaumnitz@caed.uscourts.gov to advise who will be appearing by phone and provide a contact number of the party who is initiating the conference call. (Arellano, S.) |
Filing 28 NOTICE of request to appear via telephone by California Forensic Medical Group, Inc. re 14 Minute Order, Set/Reset Deadlines and Hearings,,. (Varanini, Jerome) |
Filing 26 SCHEDULING REPORT by Rachel Prescott. (Yourke, Steven) |
Filing 27 ORDER signed by Judge Oliver W. Wanger on 10/28/2010. (Verduzco, M) |
Filing 25 SCHEDULING REPORT by Adam Christianson, County of Stanislaus. (Cassidy, Terence) |
Filing 24 ANSWER to COMPLAINT with Jury Demand by Adam Christianson, County of Stanislaus.(Cassidy, Terence) |
Filing 23 CLERKS NOTICE TO Steven Yourke: (TEXT ENTRY ONLY) The docket indicates that you docketed a proposed order #22 . Please also submit the document in Word or WordPerfect format to Judge Wanger's order box, owworders@caed.uscourts.gov, so that it can be signed. (Gaumnitz, R) |
Filing 22 PROPOSED ORDER Proposed Order re #21 Order, Order on Motion to Dismiss by Rachel Prescott. (Yourke, Steven) |
Filing 21 Memorandum Decision Re: Defendant's Motion To Dismiss #13 , signed by Judge Oliver W. Wanger on 9/27/2010. (Gaumnitz, R) |
Filing 20 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: #13 Motion to Dismiss Hearing held on 9/15/2010. Matter was argued and submitted. The Court made findings and issued rulings as noted on the record. Written decision to issue. Plaintiff Counsel to prepare an order consistent with the Court's rulings within 5 days following electronic service of the memorandum decision. Defendant will have 20 days to file an answer to the complaint. Plaintiffs Counsel S. Yourke telephonically present. Defendants Counsel K. Price present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
Filing 19 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 Gary S. Austin for all further proceedings. (Hutcheson, C) |
Filing 18 MINUTE ORDER: (Text Entry Only) At the request of Counsel, #13 Motion to Dismiss previously set for 9/14/2010 has been CONTINUED to 9/15/2010 at 1:30PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Gaumnitz, R) |
Filing 17 REPLY by Adam Christianson, County of Stanislaus re #15 Opposition to Motion. (Cassidy, Terence) |
Filing 16 MINUTE ORDER: (Text Entry Only) To allow sufficient time for hearing, Motion to Dismiss #13 previously set for 9/13/2010 has been CONTINUED to 9/14/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Gaumnitz, R) |
Filing 15 OPPOSITION by A.P., C.P., M.P., Marilyn Prescott, Rachel Prescott, R.P., T.P., Y.P. to #13 MOTION to DISMISS. (Burris, John) |
Filing 14 MINUTE ORDER: (Text Entry Only) Due to the status of this case, Initial Scheduling Conference previously set for 8/25/2010 has been CONTINUED to 11/4/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov. (Gaumnitz, R) |
Filing 13 MOTION to DISMISS by Adam Christianson, County of Stanislaus. Motion Hearing set for 9/13/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Notice Defendants' Notice of Motion to Dismiss, #2 Notice Request for Judicial Notice In Support of Defendants' Motion to Dismiss, #3 Exhibit Exhibits to Request for Judicial Notice In Support of Defendants' Motion to Dismiss)(Cassidy, Terence) |
Filing 12 STIPULATION TO EXTEND TIME IN WHICH TO FILE RESPONSIVE PLEADING by Adam Christianson, County of Stanislaus. Attorney Cassidy, Terence John added. (Cassidy, Terence) |
Filing 11 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Rachel Prescott. (Yourke, Steven) |
Filing 10 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by California Forensic Medical Group, Inc.. (Varanini, Jerome) |
Filing 9 ANSWER to COMPLAINT with Jury Demand by California Forensic Medical Group, Inc.. Attorney Varanini, Jerome Martin added.(Varanini, Jerome) |
Filing 8 SUMMONS RETURNED EXECUTED: California Forensic Medical Group, Inc. served on 5/21/2010, answer due 6/11/2010. (Burris, John) |
Filing 7 SUMMONS ISSUED as to *County of Stanislaus* with answer to complaint due within *21* days. Attorney *John L. Burris* *Law Offices of John L Burris* *7677 Oakport Street, Suite 1120* *Oakland, CA 94621*. (Scrivner, E) |
Filing 6 SUMMONS ISSUED as to *Adam Christianson* with answer to complaint due within *21* days. Attorney *John L. Burris* *Law Offices of John L Burris* *7677 Oakport Street, Suite 1120* *Oakland, CA 94621*. (Scrivner, E) |
Filing 5 SUMMONS ISSUED as to *California Forensic Medical Group, Inc.* with answer to complaint due within *21* days. Attorney *John L. Burris* *Law Offices of John L Burris* *7677 Oakport Street, Suite 1120* *Oakland, CA 94621*. (Scrivner, E) |
Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/25/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Consent Form, #2 VDRP Form) (Scrivner, E) |
Filing 2 COMPLAINT FOR DAMAGES FOR VIOLATION OF CIVIL RIGHTS AND WRONGFUL DEATH against all defendants by Rachel Prescott, A.P., C.P., R.P., T.P., Y.P., M.P., Marilyn Prescott. Attorney Burris, John L. added.(Burris, John) |
Filing 1 CIVIL COVER SHEET by Rachel Prescott, A.P., C.P., R.P., T.P., Y.P., M.P., Marilyn Prescott (Burris, John) |
RECEIPT number #CAE100010522 $350.00 fbo Rachel Prescott by John L Burris on 4/6/2010. (Jessen, A) |
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