Oyarzo et al v. Tuolumne Fire District et al
Plaintiff: Benjamin C. Oyarzo and Nicholas Hart
Defendant: Tuolumne Fire District, Tuolumne Fire Protection District, Toney Powers, Joseph Turner, Darlene Hutchins, Kenneth Hockett and Brian Machado
Case Number: 1:2011cv01271
Filed: March 18, 2011
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Sacramento
Presiding Judge: Stanley A Boone
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 30, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2016 Opinion or Order Filing 347 STIPULATION and ORDER for Dismissal of Entire Action with Prejudice, signed by Chief Judge Lawrence J. O'Neill on 6/29/16. CASE CLOSED. (Verduzco, M)
June 29, 2016 Filing 346 STIPULATION and PROPOSED ORDER for Dismissal by Tuolumne Fire District. (Abbott, John)
June 15, 2016 Opinion or Order Filing 345 ORDER VACATING Dates and Requiring Parties to File Dispositonal Documents within Thirty Days, signed by Magistrate Judge Stanley A. Boone on 6/14/12016. (Kusamura, W)
June 13, 2016 Filing 344 NOTICE of SETTLEMENT (Joint) by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
May 24, 2016 Opinion or Order Filing 343 ORDER GRANTING Stipulated Request to Extend Discovery Cutoff and Deadline to File Dispositive Motions, signed by Magistrate Judge Stanley A. Boone on 5/24/2016. (New Deadlines: Discovery Cutoff 6/17/2016, Dispositive Motions filed by 7/18/2016.) (Valdez, E)
May 24, 2016 Filing 342 STIPULATION and PROPOSED ORDER for Request to Extend Discovery Cutoff and Deadline to File Dispositive Motions by Nicholas Hart, Benjamin C. Oyarzo. (Attachments: #1 Proposed Order)(Bautista, Joseph)
February 3, 2016 Opinion or Order Filing 341 AMENDED SCHEDULING ORDER: Pretrial Conference set for 10/7/2016 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Motion in Limine Hearing set for 11/16/2016 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Jury Trial set for 12/5/2016 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 2/2/2016. (Hernandez, M)
January 27, 2016 Opinion or Order Filing 340 SCHEDULING ORDER: The parties shall serve supplemental disclosures on or before 3/3/2016; Dispositive Motions filed by 7/11/2016, Pretrial Conference set for 10/7/2016 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Motion in Limine Hearing set for 11/16/2016 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Jury Trial set for 12/5/2016 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 1/27/2016. (Hernandez, M)
January 27, 2016 Filing 339 MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: STATUS CONFERENCE held on 1/27/2016. The Court addressed a briefing schedule with the parties. The Court to issue a written order. Plaintiffs Counsel Shannon Seibert and Joseph Bautista present. Defendants Counsel J Abbott present. Court Reporter/CD Number: ECRO O Rosales. (Hernandez, M)
January 22, 2016 Opinion or Order Filing 338 ORDER SETTING STATUS CONFERENCE FOR JANUARY 27, 2016 at 9:00 a.m. before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 1/22/2016. (Hernandez, M)
January 21, 2016 Filing 337 MANDATE of USCA as to #128 Notice of Appeal filed by Benjamin C. Oyarzo. The judgment of this Court, entered December 28, 2015, takes effect this date. (Marrujo, C)
December 28, 2015 Filing 336 MEMORANDUM of USCA as to #128 Notice of Appeal filed by Benjamin C. Oyarzo, #260 Notice of Appeal, filed by Benjamin C. Oyarzo, #311 Notice of Appeal, filed by Nicholas Hart, #312 Notice of Appeal, filed by Nicholas Hart. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. (Verduzco, M)
August 4, 2014 Filing 335 TRANSCRIPT of Proceedings held on M12/17/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY TEN filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014. (Figueroa, O)
July 30, 2014 Opinion or Order Filing 334 ORDER of USCA as to #311 Notice of Appeal filed by Nicholas Hart, #312 Notice of Appeal filed by Nicholas Hart. Motion for extension of time to file transcripts is granted. Opening brief due 9/22/2014. (Jessen, A)
July 29, 2014 Filing 333 TRANSCRIPT of Proceedings held on 12/16/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY NINE filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 332 TRANSCRIPT of Proceedings held on 12/13/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY EIGHT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 331 TRANSCRIPT of Proceedings held on 12/12/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY SEVEN filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 330 TRANSCRIPT of Proceedings held on 12/11/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY SIX filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 329 TRANSCRIPT of Proceedings held on 12/10/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY FIVE filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 328 TRANSCRIPT of Proceedings held on 12/9/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY FOUR filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 327 TRANSCRIPT of Proceedings held on 12/6/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY THREE filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 326 TRANSCRIPT of Proceedings held on 12/4/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY TWO filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 325 TRANSCRIPT of Proceedings held on 12/3/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY ONE filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 29, 2014 Filing 324 TRANSCRIPT of Proceedings held on 9/20/2013, before Magistrate Judge Stanley A. Boone. PRE TRIAL CONFERENCE HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/21/2014. Redacted Transcript Deadline set for 8/29/2014. Release of Transcript Restriction set for 10/27/2014. (Figueroa, O)
July 17, 2014 Filing 323 NOTICE re #321 Transcript Designation & Ordering Form by ECRO Otilia Figueroa. (Figueroa, O)
June 13, 2014 Filing 322 USCA CASE NUMBER 14-16075 for #312 Notice of Appeal, filed by Nicholas Hart. (Sant Agata, S)
June 13, 2014 Filing 321 TRANSCRIPT REQUEST by Nicholas Hart re #311 Notice of Appeal,, #312 Notice of Appeal, (Bautista, Joseph)
June 13, 2014 Filing 320 TRANSCRIPT REQUEST by Benjamin C. Oyarzo re #128 Notice of Appeal, #260 Notice of Appeal, (Bautista, Joseph)
June 12, 2014 Filing 319 TRANSCRIPT REQUEST by Nicholas Hart re #311 Notice of Appeal,, #312 Notice of Appeal, (Bautista, Joseph)
June 12, 2014 Filing 318 TRANSCRIPT REQUEST by Benjamin C. Oyarzo re #128 Notice of Appeal, #260 Notice of Appeal, (Bautista, Joseph)
June 12, 2014 Filing 317 SATISFACTION of JUDGMENT as to Acknowledgement of Payments Received and Made by Kenneth Hockett, Tuolumne Fire District. (Abbott, J.)
June 3, 2014 Filing 316 USCA CASE NUMBER 14-16076 for #312 Notice of Appeal, filed by Nicholas Hart. (Hellings, J)
June 3, 2014 Filing 315 USCA CASE NUMBER 14-16075 for #311 Notice of Appeal, filed by Nicholas Hart. (Hellings, J)
June 2, 2014 Filing 314 APPEAL PROCESSED to Ninth Circuit re #312 Notice of Appeal, filed by Nicholas Hart. Notice of Appeal filed *5/30/2014*, Complaint filed *3/18/2011* and Appealed Order / Judgment filed *4/30/2014*. *Fee Status: Paid on 5/30/2014 in the amount of $505.00* (Attachments: #1 Appeal Information) (Hellings, J)
June 2, 2014 Filing 313 APPEAL PROCESSED to Ninth Circuit re #311 Notice of Appeal, filed by Nicholas Hart. Notice of Appeal filed *5/30/2014*, Complaint filed *3/18/2011* and Appealed Order / Judgment filed *2/25/2014*. Court Reporter: *ECRO*. *Fee Status: Paid on 5/30/2014 in the amount of $505.00* (Attachments: #1 Appeal Information) (Hellings, J)
May 30, 2014 Filing 312 NOTICE of APPEAL by Nicholas Hart as to #309 Order on Motion for Miscellaneous Relief, Order on Motion for Attorney Fees. (Filing fee $ 505, receipt number 0972-5352975) (Attachments: #1 Representation Statement, #2 Certificate of Service)(Bautista, Joseph)
May 30, 2014 Filing 311 NOTICE of APPEAL by Nicholas Hart as to #174 Order, #308 Order on Motion to Amend the Judgment, Order on Motion for New Trial, #160 Order, #171 Pretrial Order, Set/Reset Deadlines and Hearings, Terminate Deadlines and Hearings,,, #221 Order, #283 Judgment, #107 Order, Order on Motion for Summary Judgment,,,,, #310 Order on Motion for Miscellaneous Relief,,, #196 Order. (Filing fee $ 505, receipt number 0972-5352882) (Attachments: #1 Representation Statement, #2 Certificate of Service)(Bautista, Joseph)
April 30, 2014 Opinion or Order Filing 310 ORDER on Plaintiffs Hart and Oyarzo's Motions for Review of Taxation of Costs. Signed by Magistrate Judge Stanley A. Boone on 4/30/2014. (Hernandez, M)
April 30, 2014 Opinion or Order Filing 309 ORDER GRANTING #253 in part Plaintiff Oyarzo's Motion for Attorney Fees. Order DENYING Plaintiff Hart's Renewed Motion for Attorney Fees. Signed by Magistrate Judge Stanley A. Boone on 4/30/2014. (Hernandez, M)
April 30, 2014 Opinion or Order Filing 308 ORDER DENYING #301 Plaintiff Hart's Motion to Alter or Amend the Judgment or in the alternative for New Trial as to Damages. Signed by Magistrate Judge Stanley A. Boone on 4/30/2014. (Hernandez, M)
April 17, 2014 Opinion or Order Filing 307 ORDER VACATING the hearing on plaintiff Hart's Motion to Amend Judgment or, in the Alternative, for a New Trial, document #301 , currently set for hearing on 4/23/2014. The Court has deemed the matter suitable for decision without oral argument. Order signed by Magistrate Judge Stanley A. Boone on 4/17/2014. (Rooney, M)
April 16, 2014 Filing 306 REPLY by Nicholas Hart re #304 Opposition to Motion,. (Bautista, Joseph)
April 16, 2014 Filing 305 NOTICE of Errata by Nicholas Hart re #301 MOTION to AMEND the JUDGMENT amending #283 Judgment or in the Alternative MOTION for NEW TRIAL amending #283 Judgment . (Bautista, Joseph)
April 9, 2014 Filing 304 OPPOSITION by Kenneth Hockett to #301 MOTION to AMEND the JUDGMENT amending #283 Judgment or in the Alternative MOTION for NEW TRIAL amending #283 Judgment . (Attachments: #1 Declaration of JAA in Support of Opposition)(Abbott, J.)
April 2, 2014 Filing 303 TRANSCRIPT of Proceedings held on 2/19/2014, before Magistrate Judge Stanley A. Boone. DEFENDANT'S MOTION TO AMEND THE JUDGMENT; PLAINTIFF'S MOTION TO AMEND THE JUDGMENT HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/24/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (Figueroa, O)
March 28, 2014 Filing 302 RESPONSE by Nicholas Hart to #300 Reply. (Attachments: #1 Declaration of Shannon Seibert)(Bautista, Joseph)
March 25, 2014 Filing 301 MOTION to AMEND the JUDGMENT amending #283 Judgment or in the Alternative, MOTION for NEW TRIAL amending #283 Judgment ( Motion Hearing set for 4/23/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.) by Nicholas Hart. (Attachments: #1 Declaration of Shannon Seibert, #2 Declaration of Joe Bautista)(Bautista, Joseph)
March 24, 2014 Filing 300 REPLY by Kenneth Hockett re #294 Reply. (Attachments: #1 Declaration OF Abbott in Support of Hockett Surreply)(Abbott, J.)
March 21, 2014 Filing 299 TRANSCRIPT of Proceedings held on 12/20/2013, before Magistrate Judge Stanley A. Boone. MOTION HEARING RE LIQUIDATED DAMAGES filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/11/2014. Redacted Transcript Deadline set for 4/21/2014. Release of Transcript Restriction set for 6/19/2014. (Figueroa, O).
March 20, 2014 Filing 298 REPLY by Kenneth Hockett, Tuolumne Fire District to RESPONSE to #249 MOTION. (Attachments: #1 Exhibit Exhibit A to Reply, #2 Exhibit Exhibit B to Reply, #3 Exhibit Exhibit C to Reply, #4 Exhibit Exhibit D to Reply, #5 Exhibit Exhibit E to Reply)(Abbott, J.)
March 17, 2014 Opinion or Order Filing 297 ORDER VACATING March 21, 2014 HEARING and requiring Defendant Hockett to File Surreply. Signed by Magistrate Judge Stanley A. Boone on 3/17/2014. (Hernandez, M)
March 13, 2014 Filing 296 SUPPLEMENT by Nicholas Hart re #234 Bill of Costs Submitted, #249 MOTION, #252 Notice - Other, #279 Reply, #284 Notice - Other. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B, #3 Exhibit C)(Bautista, Joseph)
March 12, 2014 Filing 295 REPLY by Nicholas Hart re #288 Opposition to Motion. (Bautista, Joseph)
March 12, 2014 Filing 294 REPLY by Nicholas Hart re #289 Opposition to Motion. (Bautista, Joseph)
March 11, 2014 Opinion or Order Filing 293 ORDER on stipulation re amendment of plaintiff Nicholas Hart's Bill of Costs and subsequent filings. Signed by Magistrate Judge Stanley A. Boone on 3/11/2014. (Hernandez, M)
March 11, 2014 Filing 292 STIPULATION and PROPOSED ORDER for Amendment of Hart's Bill of Costs and Subsequent Filings and Deadlines to File Additional Documents re #244 Costs Taxed, #238 Objections, #234 Bill of Costs Submitted, #249 MOTION, #252 Notice - Other, #270 Opposition to Motion, #279 Reply by Nicholas Hart. (Bautista, Joseph)
March 10, 2014 Filing 291 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: TELEPHONIC HEARING RE BILL OF COSTS PROCEDURES held on 3/10/2014. The parties shall submit a proposed stipulation to amend Plaintiff Hart's bill of costs and motion re taxation of costs and all associated pleading to include Defendant TFD. Based upon the stipulation, Plaintiff Hart shall file a supplement to the record addressing the difference in costs sought against the defendants by NOON on 3/13/2014 and defendants shall file their response by NOON on 3/20/2014. The Court will determine if a hearing is necessary. Plaintiffs Counsel Shannon Seibert by telephone. Defendants Counsel J Medina by telephone. Court Reporter/CD Number: ECRO O Figeruoa. (Hernandez, M)
March 7, 2014 Opinion or Order Filing 290 MINUTE ORDER: (TEXT ENTRY ONLY) The Court sets a TELEPHONIC Hearing Re Bill of Costs Procedures for 3/10/2014 at 11:45 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties are instructed to call the telephone number and use the pass code provided by the courtroom clerk. Signed by Magistrate Judge Stanley A. Boone on 3/7/2014. (Hernandez, M)
March 5, 2014 Filing 289 OPPOSITION by Kenneth Hockett to #277 MOTION for ATTORNEY FEES (Renewed). (Attachments: #1 Declaration of JAA in Support of Opposition)(Abbott, J.)
March 5, 2014 Filing 288 OPPOSITION by Tuolumne Fire District to #275 MOTION Review Clerks Taxation of Costs re #266 Costs Taxed. (Abbott, J.)
March 4, 2014 Filing 287 BILL of COSTS SUBMITTED by Nicholas Hart. (Attachments: #1 Declaration of Shannon Seibert, #2 Exhibit Costs Incurred, #3 Exhibit Supporting Documentation)(Bautista, Joseph)
February 26, 2014 Filing 286 REPLY by Benjamin C. Oyarzo re #278 Opposition to Motion, #253 MOTION for Attorneys' Fees. (Attachments: #1 Declaration of Shannon Seibert, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Bautista, Joseph)
February 26, 2014 Filing 285 REPLY by Benjamin C. Oyarzo re #269 Opposition to Motion, #251 MOTION Review Clerk's Taxation of Costs re #246 Costs Taxed. (Bautista, Joseph)
February 25, 2014 Filing 284 NOTICE of Errata by Nicholas Hart re #279 Reply. (Bautista, Joseph)
February 25, 2014 Filing 283 SECOND AMENDED JUDGMENT dated *2/25/2014* (Jessen, A)
February 25, 2014 Opinion or Order Filing 282 ORDER on Cross Motions to Amend Judgment (Docs. #240 , #242 ) signed by Magistrate Judge Stanley A. Boone on 2/24/2014. (Jessen, A)
February 20, 2014 Filing 281 MINUTE ORDER: (TEXT ENTRY ONLY) After further review by the Court the following motions filed by plaintiffs (Doc 249, 251, 253, 275, 276, 277) are reset to be heard on 3/21/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Hernandez, M)
February 19, 2014 Filing 280 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: MOTION HEARING RE Defendant's Motion to Amend the Judgment and Plaintiff's Motion to Amend the Judgment held on 2/19/2014, MOTIONS SUBMITTED. The Court to issue an order. Plaintiffs Counsel Shannon Seibert and J Bautista present. Defendants Counsel J Anthony Abbott present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
February 19, 2014 Filing 279 REPLY by Nicholas Hart re #270 Opposition to Motion. (Bautista, Joseph)
February 19, 2014 Filing 278 OPPOSITION by Tuolumne Fire District to #253 MOTION for Attorneys' Fees. (Attachments: #1 Declaration of JAA in Support of Opposition to Oyarzo's Motion for Attorneys Fees)(Abbott, J.)
February 18, 2014 Filing 277 MOTION for ATTORNEY FEES (Renewed) by Nicholas Hart. Motion Hearing set for 3/19/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration of Shannon Seibert, #2 Declaration of Joe Bautista, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Bautista, Joseph)
February 18, 2014 Filing 276 MOTION Review Clerk's Taxation of Costs re #267 Costs Taxed by Nicholas Hart. Motion Hearing set for 3/19/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration Declaration of Shannon Seibert)(Bautista, Joseph)
February 18, 2014 Filing 275 MOTION Review Clerks Taxation of Costs re #266 Costs Taxed by Nicholas Hart. Motion Hearing set for 3/19/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Bautista, Joseph)
February 18, 2014 Opinion or Order Filing 274 Order GRANTING Plaintiff's Hart's #272 Motion to Amend the Judgment, signed by Magistrate Judge Stanley A. Boone on 2/18/2014. (Figueroa, O)
February 14, 2014 Opinion or Order Filing 273 ORDER of USCA as to #260 Notice of Appeal, filed by Benjamin C. Oyarzo. (Lundstrom, T)
February 12, 2014 Filing 272 MOTION to AMEND the JUDGMENT amending #239 Judgment, to Enter Judgment in Favor of Plaintiff Hart and Against Tuolumne Fire District by Nicholas Hart. Motion Hearing set for 3/19/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Bautista, Joseph)
February 12, 2014 Filing 271 REPLY by Kenneth Hockett re #261 Opposition to Motion,. (Attachments: #1 Declaration of JAA in support of reply to opposition)(Abbott, J.)
February 12, 2014 Filing 270 OPPOSITION by Kenneth Hockett to #249 MOTION. (Abbott, J.)
February 12, 2014 Filing 269 OPPOSITION by Tuolumne Fire District to #251 MOTION Review Clerk's Taxation of Costs re #246 Costs Taxed. (Abbott, J.)
February 11, 2014 Filing 268 USCA CASE NUMBER 14-15253 for #260 Notice of Appeal, filed by Benjamin C. Oyarzo. (Lundstrom, T)
February 10, 2014 Filing 265 PARTIAL TRANSCRIPT of Proceedings held on 12/16/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY NINE ~ PLAINTIFF'S CLOSING ARGUMENT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/3/2014. Redacted Transcript Deadline set for 3/13/2014. Release of Transcript Restriction set for 5/12/2014. (Figueroa, O)
February 10, 2014 Filing 264 PARTIAL TRANSCRIPT of Proceedings held on 12/3/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY ONE ~ PLAINTIFFS' OPENING STATEMENT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/3/2014. Redacted Transcript Deadline set for 3/13/2014. Release of Transcript Restriction set for 5/12/2014. (Figueroa, O)
February 6, 2014 Filing 267 COSTS TAXED in amount of $ 3,496.56 against Nicholas Hart (Doc. #248 ). (Fahrney, E)
February 6, 2014 Filing 266 COSTS TAXED in amount of $ 3,496.56 against Nicholas Hart (Doc. #247 ). (Fahrney, E)
February 6, 2014 Filing 263 APPEAL PROCESSED to Ninth Circuit re #260 Notice of Appeal, filed by Benjamin C. Oyarzo. Notice of Appeal filed *2/5/2014*, Complaint filed *3/18/2011* and Appealed Order / Judgment filed *1/6/2014*. ** *Fee Status: Paid on 2/5/2014 in the amount of $505.00* (Attachments: #1 Appeal Information) (Fahrney, E)
February 5, 2014 Filing 262 OBJECTIONS by Plaintiff Nicholas Hart to #247 Bill of Costs Submitted, #248 Bill of Costs Submitted. (Attachments: #1 Declaration of Shannon Seibert, Exhs. A and B)(Bautista, Joseph)
February 5, 2014 Filing 261 OPPOSITION by Nicholas Hart to #240 MOTION to AMEND the JUDGMENT amending #239 Judgment, or in the alternative, request for remittitur or for partial new trial. (Attachments: #1 Declaration of Shannon Seibert, #2 Declaration of Joe Bautista, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Bautista, Joseph)
February 5, 2014 Filing 260 NOTICE of APPEAL by Benjamin C. Oyarzo as to #237 Judgment, #107 Order, Order on Motion for Summary Judgment,,,,,. (Filing fee $ 505, receipt number 0972-5167566) (Attachments: #1 Representation Statement, #2 Certificate of Service)(Bautista, Joseph)
February 5, 2014 Filing 259 NOTICE of Errata by Benjamin C. Oyarzo re #251 MOTION Review Clerk's Taxation of Costs re #246 Costs Taxed. (Bautista, Joseph)
February 4, 2014 Filing 258 OPPOSITION by Kenneth Hockett to #242 MOTION to AMEND the JUDGMENT amending #228 Judgment, #239 Judgment, . (Abbott, J.)
February 4, 2014 Filing 257 PARTIAL TRANSCRIPT of Proceedings held on 12/13/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY EIGHT ~ TESTIMONY OF KENNETH HOCKETT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/27/2014. Redacted Transcript Deadline set for 3/7/2014. Release of Transcript Restriction set for 5/5/2014. (Figueroa, O)
February 4, 2014 Filing 256 PARTIAL TRANSCRIPT of Proceedings held on 12/12/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY SEVEN ~ TESTIMONY OF KENNETH HOCKETT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/27/2014. Redacted Transcript Deadline set for 3/7/2014. Release of Transcript Restriction set for 5/5/2014. (Figueroa, O)
February 4, 2014 Filing 255 PARTIAL TRANSCRIPT of Proceedings held on 12/11/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY SIX ~ TESTIMONY OF KENNETH HOCKETT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/27/2014. Redacted Transcript Deadline set for 3/7/2014. Release of Transcript Restriction set for 5/5/2014. (Figueroa, O)
February 4, 2014 Filing 254 PARTIAL TRANSCRIPT of Proceedings held on 12/10/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY FIVE ~ TESTIMONY OF KENNETH HOCKETT filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/27/2014. Redacted Transcript Deadline set for 3/7/2014. Release of Transcript Restriction set for 5/5/2014. (Figueroa, O)
February 3, 2014 Filing 253 MOTION for Attorneys' Fees by Benjamin C. Oyarzo. Motion Hearing set for 3/5/2014 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration of Shannon Seibert, #2 Declaration of Joe Bautista, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Bautista, Joseph)
February 3, 2014 Filing 252 NOTICE of Errata re Hart's Motion to Review Clerk's Taxation of Costs by Nicholas Hart re #249 Notice - Other. (Bautista, Joseph)
February 3, 2014 Filing 251 MOTION Review Clerk's Taxation of Costs re #246 Costs Taxed by Benjamin C. Oyarzo. Motion Hearing set for 3/5/2014 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration of Shannon Seibert, #2 Declaration of Tyler Bland, #3 Declaration of Roger Jacobson)(Bautista, Joseph)
February 3, 2014 Opinion or Order Filing 250 ORDER DENYING #241 Plaintiff Hart's Motion for Attorney Fees Without Prejudice. Signed by Magistrate Judge Stanley A. Boone on 2/3/2014. (Hernandez, M)
January 29, 2014 Filing 249 NOTICE of Motion and Motion to Review Clerk's Taxation of Costs by Nicholas Hart. (Attachments: #1 Declaration of Shannon Seibert, #2 Declaration of Roger Jacobson, #3 Declaration of Tyler Bland)(Bautista, Joseph)
January 29, 2014 Filing 248 BILL of COSTS SUBMITTED Toney Powers by Toney Powers. (Abbott, J.)
January 29, 2014 Filing 247 BILL of COSTS SUBMITTED Tuolumne Fire District by Tuolumne Fire District. (Abbott, J.)
January 27, 2014 Filing 246 COSTS TAXED in amount of $2,592.94 against Tuolumne Fire District. (Fahrney, E)
January 24, 2014 Filing 245 OBJECTIONS by Defendant Tuolumne Fire District to #243 Bill of Costs Submitted. (Abbott, J.)
January 21, 2014 Filing 244 COSTS TAXED in amount of $ 3,672.11 and included in the Judgment against Kenneth Hockett. (Lundstrom, T)
January 20, 2014 Filing 243 BILL of COSTS SUBMITTED by Benjamin C. Oyarzo. (Attachments: #1 Declaration of Shannon Seibert, #2 Exhibit Itemization of Costs, #3 Exhibit Documentation Supporting Costs)(Bautista, Joseph)
January 17, 2014 Filing 242 MOTION to AMEND the JUDGMENT amending #228 Judgment, #239 Judgment, by Nicholas Hart. Motion Hearing set for 2/19/2014 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration of Joe Bautista)(Bautista, Joseph)
January 17, 2014 Filing 241 MOTION for ATTORNEY FEES by Nicholas Hart. Motion Hearing set for 2/19/2014 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration of Shannon Seibert, #2 Declaration of Joe Bautista, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Bautista, Joseph)
January 16, 2014 Filing 240 MOTION to AMEND the JUDGMENT amending #239 Judgment, or in the alternative, request for remittitur or for partial new trial by Kenneth Hockett. Motion Hearing set for 2/19/2014 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Amend Amended Judgment, #2 Declaration of JAA in Support of Motion to Amend Amended Judgment)(Abbott, J.)
January 15, 2014 Filing 239 AMENDED JUDGMENT in Favor of PLAINTIFF NICHOLAS HART Against DEFENDANT KENNETH HOCKETT and in Favor of DEFENDANT TUOLUMNE FIRE DISTRICT and DEFENDANT POWERS Against PLAINTIFF HART Pursuant to Special Verdict Documents #219 and #220 . (Arellano, S.)
January 9, 2014 Filing 238 OBJECTIONS by Defendant Kenneth Hockett to #234 Bill of Costs Submitted. (Attachments: #1 Declaration of Johanne C. Medina in Support of Defendant's Objections to Plaintiff, Nicholas Hart's Bill of Costs)(Abbott, J.)
January 6, 2014 Filing 237 JUDGMENT dated *1/6/2014* in favor of Plaintiff against Defendant Tuolumne Fire District pursuant to order. (Jessen, A)
January 6, 2014 Opinion or Order Filing 236 ORDER re damages - Plaintiff Oyarzo is awarded liquidated damages in the amount of $12,345.67 against defendant Tuolumne Fire District and Plaintiff Hart's request for a permanent injunction is denied for lack of standing. Signed by Magistrate Judge Stanley A. Boone on 1/6/2014. (Hernandez, M)
January 6, 2014 Filing 235 PARTIAL TRANSCRIPT of Proceedings held on 12/9/2013, before Magistrate Judge Stanley A. Boone. JURY TRIAL, DAY FOUR ~ TESTIMONY OF NICHOLAS HART filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/27/2014. Redacted Transcript Deadline set for 2/6/2014. Release of Transcript Restriction set for 4/7/2014. (Figueroa, O).
January 2, 2014 Filing 234 BILL of COSTS SUBMITTED by Nicholas Hart. (Attachments: #1 Declaration of Shannon Seibert, #2 Itemization of Costs, #3 Invoices and Receipts)(Bautista, Joseph)
December 31, 2013 Filing 233 PARTIAL TRANSCRIPT of Proceedings held on 12/11/13, before Magistrate Judge Stanley A. Boone. JURY TRIAL , DAY SIX ~ TESTIMONY OF CHARLES MAHLA filed by ECRO Araceli Gil-Garcia, Phone number 559-499-5626. E-mail agil-garcia@caed.uscourts.gov.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/24/2014.Redacted Transcript Deadline set for 1/31/2014. Release of Transcript Restriction set for 3/31/2014. (Gil-Garcia, A) .
December 26, 2013 Opinion or Order Filing 232 STIPULATION and ORDER re withdrawal of plaintiff Hart's request for Court order requiring removal of documents from personnel file. Signed by Magistrate Judge Stanley A. Boone on 12/26/2013. (Hernandez, M)
December 26, 2013 Filing 231 STIPULATION and PROPOSED ORDER for Withdrawal of Plaintiff's Request for Injunctive Relief re Documents in Personnel File by Nicholas Hart. (Bautista, Joseph)
December 20, 2013 Opinion or Order Filing 230 ORDER and RECEIPT for Trial Exhibits signed by Magistrate Judge Stanley A. Boone on 12/19/2013. (Lundstrom, T)
December 20, 2013 Filing 229 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: MOTION HEARING Re Liquidated damages held on 12/20/2013- argued and SUBMITTED, written order to follow. Plaintiffs Counsel S. Siebert and J. Bautista present. Defendants Counsel J. A. Abbott present. Court Reporter/CD Number: ECRO- O. Figueroa. (Gaumnitz, R)
December 20, 2013 Filing 228 JUDGMENT dated *12/19/13* in favor of Plaintiff against Defendant pursuant to order. (Gonzalez, R)
December 19, 2013 Filing 227 BRIEF re Liquidated Damages by Kenneth Hockett, Toney Powers, Tuolumne Fire District. (Abbott, J.)
December 19, 2013 Filing 226 BRIEF re Plaintiff Oyarzo's Request for Liquidated Damages by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
December 19, 2013 Filing 225 BRIEF re Plaintiff Hart's Request for Injunctive Relief by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
December 19, 2013 Filing 224 BRIEF re Injunctive Relief by Kenneth Hockett, Toney Powers, Tuolumne Fire District. (Abbott, J.)
December 19, 2013 Opinion or Order Filing 223 ORDER denying #206 Defendent Powers' Motion for Judgment as a Matter of Law issued on 12/16/2013 by Magistrate Judge Stanley A. Boone. (Hernandez, M)
December 19, 2013 Filing 222 The Court finds #205 Motion for Judgment is MOOT based upon the jury verdict. Signed by Magistrate Judge Stanley A. Boone on 12/19/2013. (Hernandez, M)
December 18, 2013 Opinion or Order Filing 221 ORDER on plaintiffs' objections to jury instructions and verdict forms. Signed by Magistrate Judge Stanley A. Boone on 12/18/2013. (Hernandez, M)
December 18, 2013 Filing 220 SPECIAL VERDICT - Second Phase. (Gonzalez, R)
December 18, 2013 Filing 219 SPECIAL VERDICT for Plaintiff Hart. (Gonzalez, R)
December 18, 2013 Filing 218 SPECIAL VERDICT for Plaintiff Oyarzo. (Gonzalez, R)
December 18, 2013 Filing 216 EXHIBIT LIST.(Gonzalez, R)
December 18, 2013 Filing 215 JURY INSTRUCTIONS (Gonzalez, R)
December 18, 2013 Filing 214 JURY NOTES (Gonzalez, R)
December 17, 2013 Filing 217 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 10) completed on 12/17/2013. Jurors continue to deliberate and return with a verdict in favor of plaintiffs Benjamin Oyarzo and Nicholas Hart. The parties present closing statements in regards to punitive damages. Witness Kenneth Hockett resumes the stand for further testimony. Defendant's exhibit MMMM admitted into evidence. The jurors return with a verdict in regards to punitive damages. The Court sets a briefing schedule - Motions to be filed by 12/19/2013 by 12:00 p.m.; hearing set for 12/20/2013 at 3:00 p.m. before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Shannon Michele Siebert, J Bautista present. Defendants Counsel J Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
December 17, 2013 Opinion or Order Filing 213 ORDER Directing Clerk of Court to File Juror Note Under Seal, signed by Magistrate Judge Stanley A. Boone on 12/17/13. (Gonzalez, R)
December 16, 2013 Filing 212 SEALED EVENT. (Gonzalez, R)
December 16, 2013 Filing 211 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 9) held on 12/16/2013. Closing statements presented by both parties to the jurors. Jury instructions given and the bailiff sworn. Jurors shall start the deliberation process. The jurors were excused today at 5:00 p.m. and shall return on 12/17/2013 at 8:30 a.m. for further deliberation. Plaintiffs Counsel Shannon Michele Siebert, J Bautista present. Defendants Counsel J Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO Otilia Figueroa (Hernandez, M)
December 16, 2013 Opinion or Order Filing 209 ORDER denying defendant Powers' Motion for Judgment as a Matter of Law. Signed by Magistrate Judge Stanley A. Boone on 12/13/2013. (Hernandez, M)
December 16, 2013 Filing 208 OBJECTIONS by Plaintiffs Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
December 13, 2013 Filing 210 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 8) held on 12/13/2013. Defendant's Rule 50 motion argued by counsel, Defendants' motion for judgment as a matter of law against plaintiff Hart First Amendment Claim is denied. The Court's ruling on Defendants' Motion for Judgment as a matter of law against Plaintiff Hart's claim under California Labor Code Section 6310 is deferred until after the jury's decision and for further briefing on the issue. Parties argued whether plaintiff Hart's speech was a matter of concern. The Court rules that plaintiff Hart's speech was a matter of concern. Plaintiffs are to file remaining objections to the Jury Instructions and Verdict Form. Witness Kenneth Hockett resumes the stand for further testimony (portion of deposition transcripts read). Plaintiff's Exhibit 25 ADMITTED INTO EVIDENCE. Witness sworn and testified - Deborah Russell-Bautista. The Court rules that witness Deborah Russell-Bautista is a non-retained expert in accounting. Defendant's Exhibit H, I, AA, III, KKK, RRR, JT Exhibit 32, Plaintiff's Exhibit 233, 18 ADMITTED INTO EVIDENCE. Plaintiff's Exhibit 108 (Page 3) addressed. Witness Nicholas Hart resumes the stand for further testimony. The jurors are dismissed for the day and shall return on 12/16/2013 at 8:30 a.m. before Magistrate Judge Stanley A. Boone. (NOTE: The Court addressed with the parties and Juror # 9 to be excused from the panel due to medical issues). Plaintiffs Counsel Shannon Michele Siebert, J Bautista present. Defendants Counsel J. Anthony Abbott, J. Medina present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
December 13, 2013 Filing 206 MOTION for JUDGMENT AS A MATTER OF LAW AGAINST HARTS FIRST AMENDMENT CLAIM FOR HIS LAYOFF by Toney Powers. (Abbott, J.)
December 13, 2013 Filing 205 MOTION for JUDGMENT AS A MATTER OF LAW AGAINST HART'S RETALIATION CLAIM by Tuolumne Fire District. (Abbott, J.)
December 12, 2013 Filing 207 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 7) held on 12/12/2013. Witness sworn and testified - Colleen Murray (portions of deposition transcripts read). Defendant's Exhibit X addressed. Witness sworn and testified - Marcello Wells. JT Exhibit 22 ADMITTED INTO EVIDENCE. JT Exhibit 3, Plaintiff Exhibit 68 addressed. Plaintiff's Exhibit 20, 218 ADMITTED INTO EVIDENCE. Witness Toney Powers resumes the stand. Witness sworn and testified - Sean McKernan. Witness Kenneth Hocket resumes the stand for further testimony. The Court concludes for the day and shall resume on 12/13/2013 at 8:00 a.m. before Magistrate Judge Stanley A. Boone to address Rule 50 motion and trial at 8:30 a.m. Plaintiffs Counsel Shannon Siebert, J Bautista present. Defendants Counsel J. Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
December 11, 2013 Filing 204 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 6) held on 12/11/2013. Witness Kenneth Hockett resumes the stand for further testimony. Plaintiff's Exhibit 42, 115, 153 addressed. Plaintiff's Exhibit 148 ADMITTED INTO EVIDENCE. Witness Dr. Charles Mahla sworn and testified. Plaintiff's Exhibit 225 (Page 73 and 78) addressed. Joint Exhibit 33 ADMITTED INTO EVIDENCE. Witness Ben Orr sworn and testified. Plaintiff's Exhibit 115 (redacted version) ADMITTED INTO EVIDENCE. (Portions of Ben Orr's deposition transcript read). Defendant's Exhibit SS, Exhibit 148 addressed. Jury instructins discussed with the parties. The Court shall conclude for the day and resume 12/12/2013 at 10:30 a.m. before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Shannon M Siebert, J Bautista present. Defendants Counsel J. Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
December 10, 2013 Filing 203 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 5) held on 12/10/2013. Witness Jason Podesta resumes the stand for further testimony. Defendant's exhibit VV ADMITTED INTO EVIDENCE. Exhibits J35, 43, 115 addressed. Witnesses sworn and testified - Todd McNeal, Grant Miller, Brian Machado (portions of deposition transcripts read into the record), Darlene Hutchins, Exhibit JT 21 ADMITTED INTO EVIDENCE. Witness sworn and testified Toney Powers, Exhibit JT 35, 89, 157 (Page 50, 52) and 18 addressed. Witness sworn and testified Kenneth Hockett. The Court concludes for the day and shall resume on 12/11/2013 at 8:30 a.m. before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Shannon Siebert, J Bautista present. Defendants Counsel J Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO R Gaumnitz/O Figueroa. (Hernandez, M)
December 9, 2013 Filing 202 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 4) held on 12/9/2013. Witness Nicholas Hart sworn and testified (portions of deposition transcript read). Plaintiff's exhibit 82-85, 88, JT20, JT23-26, 27, 28, 42, 43, 45, 58, 63, 150, 230, Exhibit 157 (page 44 and 54) defendant's exhibit WW, ZZ, AAA - ADMITTED INTO EVIDENCE. Plaintiff's exhibit 231, defendant's exhibit RRR, GGG, RR addressed. Witness Jason Podesta sworn and testified (portions of deposition transcripts read). The Court concludes for the day and shall resume 12/10/2013 at 8:30 a.m. before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel S Siebert; J Bautista present. Defendants Counsel J Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
December 6, 2013 Filing 201 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 3) held on 12/6/2013. Witness Benjamin Oyarzo resumes the stand for further testimony. Defendant's exhibit YYY portions read. JT5, JT4, Defendant's Exhibit F, JT1, JT2, JT3, Exh 14, Page 1 of 114, 130 page 5 ONLY, Exhibit 191 (page 3 and 4), 44, 49 page 1 and 2 ADMIITED INTO EVIDENCE. Witness Stephanie Burns and Joseph Turner both sworn and testified. Witness Dr. Stephen Abelow sworn and testified (Portion of deposition read). The Court concludes for the day and will resume trial on 12/9/2013 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Shannon Siebert, J Bautista present. Defendants Counsel J. Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
December 4, 2013 Filing 200 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 2) held on 12/4/2013. Benjamin Oyarzo resumes the stand for further testimony. Exhibits JT34, 66, 30, 9, 29, JT 6-13, Defendant's Exhibit C, F ADMITTED into evidence. Portions of Benjamin Oyarzo's Deposition transcripts read in the record (along with deposition video displayed in open Court) The Court concludes trial for today and will resume back in session on Friday, December 6, 2013 at 8:30 a.m. before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Shannon Michele Siebert, J Bautista present. Defendants Counsel J Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO. (Hernandez, M)
December 3, 2013 Filing 199 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: JURY TRIAL (Day 1) held on 12/3/2013. Jury instructions, verdict form and Court procedures addressed with the parties. Jury selection begins. Jurors sworn and preliminary jury instructions given. Opening statments by the parties presented to the jurors. Witness Benjamin Oyarzo sworn and testified. Exhibits 80, 1, Page 1 of Exhibit 3, JT5, JT34, JT35, 10, 6, 11, 12, 13, 4 ADMITTED into evidence. The Court concludes for today and shall resume on 12/4/2013 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Shannon Michele Siebert and J Baustista present. Defendants Counsel J Anthony Abbott, J Medina present. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
November 6, 2013 Filing 198 OBJECTIONS by Plaintiffs Nicholas Hart, Benjamin C. Oyarzo to #183 Proposed Jury Instructions. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bautista, Joseph)
November 6, 2013 Filing 197 OBJECTIONS by Defendants Kenneth Hockett, Toney Powers, Tuolumne Fire District to #191 Proposed Jury Instructions, #192 Proposed Verdict. (Attachments: #1 Objection to plaintiffs verdict forms)(Abbott, J.)
November 4, 2013 Opinion or Order Filing 196 ORDER re Presentation of Plaintiff Hart's First Amendment Claim at Trial. Signed by Magistrate Judge Stanley A. Boone on 11/4/2013. (Hernandez, M)
November 1, 2013 Filing 195 TRIAL BRIEF by Nicholas Hart, Benjamin C. Oyarzo.(Bautista, Joseph)
November 1, 2013 Filing 194 PROPOSED VOIR DIRE by Nicholas Hart, Benjamin C. Oyarzo.(Bautista, Joseph)
November 1, 2013 Filing 193 STATEMENT of Discovery Designations by Plaintiffs Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
November 1, 2013 Filing 192 PROPOSED VERDICT submitted by Plaintiffs Nicholas Hart, Benjamin C. Oyarzo.(Bautista, Joseph)
November 1, 2013 Filing 191 PROPOSED JURY INSTRUCTIONS by Nicholas Hart, Benjamin C. Oyarzo.(Bautista, Joseph)
November 1, 2013 Filing 190 EXHIBIT LIST by Nicholas Hart, Benjamin C. Oyarzo.(Bautista, Joseph)
November 1, 2013 Filing 189 WITNESS LIST by Nicholas Hart, Benjamin C. Oyarzo.(Bautista, Joseph)
November 1, 2013 Filing 188 TRIAL BRIEF by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Filing 187 STATEMENT of Discovery Responses to Be Used At Trial by Defendants Kenneth Hockett, Toney Powers, Tuolumne Fire District. (Abbott, J.)
November 1, 2013 Filing 186 PROPOSED VERDICT submitted by Defendants Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Filing 185 PROPOSED VOIR DIRE by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Filing 184 PROPOSED JURY INSTRUCTIONS by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Filing 183 PROPOSED JURY INSTRUCTIONS by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Filing 182 EXHIBIT LIST FOR TRIAL (JOINT) by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Filing 181 EXHIBIT LIST for trial (amended) by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Filing 180 WITNESS LIST by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
November 1, 2013 Opinion or Order Filing 179 ORDER on Stipulation Re Deadline to File and Serve Objections to Disputed Jury Instructions. Signed by Magistrate Judge Stanley A. Boone on 11/1/2013. (Hernandez, M)
October 31, 2013 Filing 178 STIPULATION and PROPOSED ORDER for Deadline to File and Serve Objections to Disputed Jury Instructions re #171 Pretrial Order,, Set/Reset Deadlines and Hearings,, Terminate Deadlines and Hearings, by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
October 31, 2013 Filing 177 STATEMENT of JOINT Neutral Statement of Case for Jury Voir Dire by Defendants Kenneth Hockett, Toney Powers, Tuolumne Fire District. (Abbott, J.)
October 25, 2013 Filing 176 BRIEF re the Allocation of Responsibility Between the Court and the Jury when Determining Whether Hart's Activities were Protected Under the First Amendment and Proposed Approach to Presentation of Evidence by Nicholas Hart, Benjamin C. Oyarzo. (Attachments: #1 Declaration of Joe Bautista)(Bautista, Joseph)
October 25, 2013 Filing 175 BRIEF re Hart's First Amendment Claim by Kenneth Hockett, Toney Powers, Tuolumne Fire District. (Abbott, J.)
October 18, 2013 Opinion or Order Filing 174 ORDER on parties' Motions in Limine - GRANTING IN PART AND DENYING IN PART. Signed by Magistrate Judge Stanley A. Boone on 10/18/2013. (Hernandez, M)
October 18, 2013 Opinion or Order Filing 173 ORDER ON MOTION TO REVIEW CLERK'S TAXATION OF COSTS #135 signed by District Judge Lawrence J. O'Neill on October 18, 2013. (Munoz, I)
October 16, 2013 Filing 172 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: IN CHAMBERS CONFERENCE RE TRIAL SCHEDULE held on 10/16/2013. The parties discussed a continuance of the trial from 10/31/2013 to 12/3/2013 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Shannon Michele Siebert by telephone. Defendants Counsel J. Anthony Abbott by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
October 16, 2013 Opinion or Order Filing 171 SECOND AMENDED PRETRIAL ORDER - The jury trial set for 10/31/2013 is VACATED. the Jury Trial is reset for 12/3/2013 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 10/16/2013. (Hernandez, M)
October 15, 2013 Filing 170 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: MOTION HEARING RE MOTIONS IN LIMINE held on 10/15/2013. The Court to issue an order. The Court sets a telephonic conference call to discuss the trial schedule on 10/16/2013 at 03:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties were provided with the teleconference number and pass code to call into chambers. Plaintiffs Counsel Shannon Michele Siebert and Joe Bautista present. Defendants Counsel Anthony Abbott and Johanne Medina present. Court Reporter/CD Number: Karen Hooven. (Hernandez, M)
October 14, 2013 Filing 169 NOTICE of Designation of Deposition Testimony by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
October 14, 2013 Filing 168 TRIAL EXHIBIT Notice of Errata and Designation of Deposition Testimony by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
October 14, 2013 Filing 167 TRIAL EXHIBIT Designation of deposition testimony by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
October 9, 2013 Opinion or Order Filing 166 AMENDED PRETRIAL ORDER - Motion in Limine Deadlines: Filing 9/24/2013; Response due 10/8/2013; Hearing 10/15/2013 at 2:30 p.m. before Magistrate Judge Boone. Trial date set for 10/31/2013 at 8:30 a.m. before Magistrate Judge Boone. Signed by Magistrate Judge Stanley A. Boone on 10/9/2013. (Hernandez, M)
October 9, 2013 Filing 165 NOTICE of Omitted Exhibit (Exh. J) by Nicholas Hart, Benjamin C. Oyarzo re #164 Opposition to Motion,. (Attachments: #1 Exhibit)(Bautista, Joseph)
October 8, 2013 Filing 164 OPPOSITION by Nicholas Hart, Benjamin C. Oyarzo to #153 MOTION IN LIMINE . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Bautista, Joseph)
October 8, 2013 Filing 163 OPPOSITION by Kenneth Hockett, Toney Powers, Tuolumne Fire District to #154 MOTION IN LIMINE . (Attachments: #1 Declaration of JAA in support of opposition to plaintiffs' motion in limine)(Abbott, J.)
October 7, 2013 Filing 162 OBJECTIONS by Plaintiffs Nicholas Hart, Benjamin C. Oyarzo to #161 Pretrial Order,, Set/Reset Deadlines and Hearings,, Terminate Deadlines and Hearings,. (Bautista, Joseph)
September 26, 2013 Opinion or Order Filing 161 PRETRIAL ORDER: Motion in Limine Deadlines: Filing due by 9/24/2013; Response due by 10/8/2013; Motion Hearing set for 10/15/2013 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Jury Trial set for 10/31/2013 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 9/26/2013. (Hernandez, M)
September 26, 2013 Opinion or Order Filing 160 ORDER DENYING Plaintiff's Motion to Amend the Complaint, Motion for Reconsideration and Motion for Separate Trials. Signed by Magistrate Judge Stanley A. Boone on 9/26/2013. (Hernandez, M) (Hernandez, M).
September 26, 2013 Opinion or Order Filing 159 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has preliminarily reviewed Plaintiffs' motion to review the clerk's taxation of costs #135 , as well as all related filings, and concludes that oral argument would not aid resolution of the disputes. Therefore, the hearing on this motion, currently set for October 2, 2013 at 9:30 a.m., is VACATED, and the motion is submitted for decision pursuant to Local Rule 230(g) signed by District Judge Lawrence J. O'Neill on September 26, 2013. (Munoz, I)
September 25, 2013 Filing 158 REPLY by Nicholas Hart, Benjamin C. Oyarzo re #138 Reply, #135 MOTION Review of Taxation of Costs re #134 Costs Taxed, #133 Costs Taxed. (Bautista, Joseph)
September 25, 2013 Filing 157 EXHIBIT AMENDED EX. 8A re #153 MOTION IN LIMINE filed by Tuolumne Fire District, Kenneth Hockett, Toney Powers. (Abbott, J.)
September 25, 2013 Filing 156 NOTICE of Errata by Nicholas Hart, Benjamin C. Oyarzo re #140 Pretrial Statement. (Bautista, Joseph)
September 24, 2013 Filing 155 REPLY by Nicholas Hart, Benjamin C. Oyarzo re #151 Response. (Attachments: #1 Exhibit Bautista Declaration and Excerpts)(Bautista, Joseph)
September 24, 2013 Filing 154 MOTION IN LIMINE by Nicholas Hart, Benjamin C. Oyarzo. Motion Hearing set for 10/15/2013 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration Of Shannon Seibert)(Bautista, Joseph)
September 24, 2013 Filing 153 MOTION IN LIMINE by Kenneth Hockett, Toney Powers, Tuolumne Fire District. Motion Hearing set for 10/15/2013 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Abbott, J.)
September 23, 2013 Filing 152 WITNESS LIST by Nicholas Hart, Benjamin C. Oyarzo.(Bautista, Joseph)
September 23, 2013 Filing 151 RESPONSE by Kenneth Hockett, Toney Powers, Tuolumne Fire District to #143 Brief. (Abbott, J.)
September 23, 2013 Filing 150 WITNESS LIST by Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
September 23, 2013 Filing 149 PRETRIAL STATEMENT by Defendants Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
September 23, 2013 Filing 148 WITNESS LIST by Nicholas Hart, Benjamin C. Oyarzo. (Attachments: #1 Exhibit Amended Exhibit List)(Bautista, Joseph)
September 20, 2013 Filing 147 PRETRIAL STATEMENT by Defendants Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
September 20, 2013 Filing 146 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: PRETRIAL CONFERENCE held on 9/20/2013. The Court to issue an order. Plaintiffs Counsel Shannon Michele Siebert and Joe Bautista present. Defendants Counsel Anthony Abbott and Johann Medina present. Court Reporter/CD Number: ECRO R Gaumnitz. (Hernandez, M)
September 19, 2013 Filing 145 NOTICE of Omitted Witness by Nicholas Hart, Benjamin C. Oyarzo re #140 Pretrial Statement. (Bautista, Joseph)
September 19, 2013 Filing 144 BRIEF in Support of Plaintiffs' Request for the Court to Revise its Rulings on Defendants' Motions for Summary Judgment to be Presented at Pretrial Conference by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
September 19, 2013 Filing 143 BRIEF in Support of Plaintiffs' Request for Separate Trial of Plaintiffs' Claims to be Presented at Pretrial Conference by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
September 19, 2013 Filing 142 BRIEF in Support of Plaintiffs' Request to Amend Complaint to be Presented at Pretrial Conference by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
September 17, 2013 Filing 141 NOTICE of Amended Exhibit to Pretrial Conference Statement by Nicholas Hart, Benjamin C. Oyarzo re #140 Pretrial Statement. (Attachments: #1 Exhibit Amended Exhibit A)(Bautista, Joseph)
September 17, 2013 Filing 140 PRETRIAL STATEMENT by Defendants Kenneth Hockett, Toney Powers, Tuolumne Fire District.(Abbott, J.)
September 16, 2013 Filing 139 NOTICE Pursuant to Ninth Circuit Rule 10-3.1(c) by Benjamin C. Oyarzo. (Bautista, Joseph)
September 16, 2013 Filing 138 REPLY by Darlene Hutchins, Joseph Turner re #135 MOTION Review of Taxation of Costs re #134 Costs Taxed, #133 Costs Taxed. (Attachments: #1 Declaration Amended)(Abbott, J.)
September 11, 2013 Filing 137 REPLY by Darlene Hutchins, Joseph Turner re #135 MOTION Review of Taxation of Costs re #134 Costs Taxed, #133 Costs Taxed. (Attachments: #1 Declaration in support of reply to motion)(Abbott, J.)
August 30, 2013 Opinion or Order Filing 136 MINUTE ORDER: (TEXT ENTRY ONLY) #135 MOTION Review of Taxation of Costs e #134 set for 10/2/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill signed by District Judge Lawrence J. O'Neill on August 30, 2013. NOTE: Hearing currently set before Judge Boone has been VACATED. (Munoz, I)
August 29, 2013 Filing 135 MOTION Review of Taxation of Costs re #134 Costs Taxed, #133 Costs Taxed by Benjamin C. Oyarzo. Motion Hearing set for 10/2/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration of Shannon Seibert)(Bautista, Joseph)
August 20, 2013 Filing 134 COSTS TAXED in amount of $ 5,298.78 against Plaintiffs for Defendant Joseph Turner. (Jessen, A)
August 20, 2013 Filing 133 COSTS TAXED in amount of $ 5,663.83 against Plaintiffs for Defendant Darlene Hutchins. (Jessen, A)
August 16, 2013 Filing 132 USCA CASE NUMBER 13-16653 for #128 Notice of Appeal filed by Benjamin C. Oyarzo. (Marrujo, C)
August 16, 2013 Filing 131 APPEAL PROCESSED to Ninth Circuit re #128 Notice of Appeal filed by Benjamin C. Oyarzo. Notice of Appeal filed *8/15/2013*, Complaint filed *3/18/2011* and Appealed Order / Judgment filed *7/16/2013*. ** *Fee Status: Paid on 8/16/2013 in the amount of $455.00* (Attachments: #1 Appeal Information) (Sant Agata, S)
August 16, 2013 Filing 130 USCA APPEAL FEES received in the amount of $ 455 (Receipt # CAE100023355) from Benjamin C. Oyarzo on 8/16/2013 re #128 Notice of Appeal filed by Benjamin C. Oyarzo. (Sant Agata, S)
August 16, 2013 RECEIPT number #CAE100023355 $455.00 fbo Benjamin C. Oyarzo by Shannon M Seibert on 8/16/2013. (Lundstrom, T)
August 15, 2013 Filing 128 NOTICE of APPEAL by Benjamin C. Oyarzo as to #108 Order, #107 Order, Order on Motion for Summary Judgment,,,,, #117 Judgment, #116 Order. (Attachments: #1 Representation Statement, #2 Certificate of Service)(Bautista, Joseph)
August 2, 2013 Filing 127 OBJECTIONS by Plaintiffs Nicholas Hart, Benjamin C. Oyarzo to #125 Bill of Costs Submitted, #124 Bill of Costs Submitted. (Bautista, Joseph)
July 26, 2013 Filing 126 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A Boone: STATUS CONFERENCE held on 7/26/2013; The Court issued the following deadlines. Motions in Limine to be filed by 9/24/2013; Response due 10/8/2013; Motion Hearing set for 10/15/2013 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. Pretrial Conference set for 9/20/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. Pretrial statements are due by 12:00 p.m. on 9/17/2013; Jury Trial (7 to 10 days) is set for 10/31/2013 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. Plaintiffs Counsel Shannon Michele Siebert by telephone. Defendants Counsel Anthony Abbott by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
July 26, 2013 Filing 125 BILL of COSTS SUBMITTED Amended by Joseph Turner. (Attachments: #1 Declaration in support of Turner's Amended Bill of Costs)(Abbott, J.)
July 26, 2013 Filing 124 BILL of COSTS SUBMITTED Amended by Darlene Hutchins. (Attachments: #1 Declaration in support of Hutchins' Amended Bill of Costs)(Abbott, J.)
July 23, 2013 Filing 123 MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to the agreement of all parties and the Court, the Status Conference will be heard on 7/26/2013 at 04:00 PM (instead of 2:00 pm as previously set) in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. The parties were provided with the teleconference number to call into chambers on 7/26/2013. (Hernandez, M)
July 22, 2013 Opinion or Order Filing 122 ORDER GRANTING #97 Defendants' Motion for Leave to Supplement Expert Disclosures. Order signed by Magistrate Judge Stanley A Boone on 7/22/2013. (Hernandez, M)
July 17, 2013 Filing 121 BILL of COSTS SUBMITTED by Joseph Turner. (Abbott, J.)
July 17, 2013 Filing 120 BILL of COSTS SUBMITTED by Darlene Hutchins. (Abbott, J.)
July 17, 2013 Filing 119 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has advanced the hearing of the Status Conference from 8/7/2013 to 7/26/2013 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. The parties are in agreement of the new date and time and were provided with the teleconference number to call into chambers on 7/26/2013. (Hernandez, M)
July 16, 2013 Opinion or Order Filing 118 CONSENT ORDER REASSIGNING CASE for all purposes to Magistrate Judge Stanley A Boone and ORDER VACATING Current Dates, signed by District Judge Lawrence J. O'Neill on 7/16/2013. Conference set for 8/7/2013 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Jessen, A)
July 16, 2013 Filing 117 JUDGMENT dated *7/16/2013* in favor of Defendants Joseph Turner and Darlene Hutchins against Plaintiffs Benjamin C. Oyarzo and Nicholas Hart pursuant to order #116 . (Jessen, A)
July 16, 2013 Opinion or Order Filing 116 ORDER Directing Clerk of Court to Enter Judgment in Favor of Defendants Turner and Hutchins and Against Plaintiffs Oyarzo and Hart Pursuant to Fed. R. Civ. P. 54(b) signed by District Judge Lawrence J. O'Neill on 7/16/2013. (Jessen, A)
July 15, 2013 Filing 115 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Kenneth Hockett, Toney Powers, Tuolumne Fire District. (Abbott, J.)
July 12, 2013 Filing 114 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A Boone: MOTION HEARING Re Defendant's Motion for Discovery to Supplemental Disclosure held on 7/12/2013, MOTION SUBMITTED. The Court to issue an order. Plaintiff's counsel consent to magistrate jurisdiction and shall file consent form with the Court. Defendant's counsel to discuss magistrate jurisdiction with clients. The parties shall submit a proposed order re in camera review of medical report to the Court. Plaintiffs Counsel Shannon Michele Siebert by telephone. Defendants Counsel J Anthony Abbott by telephone. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
July 12, 2013 Filing 113 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
July 12, 2013 Filing 112 SEALED EVENT. (Fahrney, E)
July 12, 2013 Filing 111 PROPOSED ORDER re to Deposit Medical Report re #97 MOTION for DISCOVERY to Supplemental Disclosure by Kenneth Hockett, Darlene Hutchins, Toney Powers, Tuolumne Fire District, Joseph Turner. (Abbott, J.)
July 2, 2013 Opinion or Order Filing 110 STIPULATION and ORDER TO CONTINUE THE MOTION HEARING as to #97 MOTION for DISCOVERY to Supplemental Disclosure : Motion Hearing is reset from 7/3/2013 to 7/12/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. The joint statement will be due on or before 7/5/2013. Order signed by Magistrate Judge Stanley A Boone on 7/2/2013. (Hernandez, M)
July 2, 2013 Filing 109 STATEMENT of JOINT Re Motion for Leave to Supplement by Defendants Kenneth Hockett, Darlene Hutchins, Toney Powers, Tuolumne Fire District, Joseph Turner re #97 MOTION for DISCOVERY to Supplemental Disclosure. (Abbott, J.)
July 2, 2013 Opinion or Order Filing 108 ORDER re Plaintiffs' Objections to Evidence #105 , signed by District Judge Lawrence J. O'Neill on 7/2/2013. (Kusamura, W)
July 1, 2013 Opinion or Order Filing 107 MEMORANDUM DECISION AND ORDER RE DEFENDANTS' Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 7/1/2013. (Kusamura, W)
July 1, 2013 Filing 106 STIPULATION and PROPOSED ORDER for Continuation of Hearing for Defendants' Motion re #97 MOTION for DISCOVERY to Supplemental Disclosure by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
July 1, 2013 Filing 105 OBJECTIONS by Plaintiffs Nicholas Hart, Benjamin C. Oyarzo to #70 MOTION for SUMMARY JUDGMENT, #67 MOTION for SUMMARY JUDGMENT, #69 MOTION for SUMMARY JUDGMENT, #66 MOTION for SUMMARY JUDGMENT, #71 MOTION for SUMMARY JUDGMENT, #72 MOTION for SUMMARY JUDGMENT. (Bautista, Joseph)
June 26, 2013 Filing 104 STIPULATION and PROPOSED ORDER for Continuation of Hearing Date for Defendants' Motion re #97 MOTION for DISCOVERY to Supplemental Disclosure by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
June 20, 2013 Filing 103 RESPONSE by Kenneth Hockett, Darlene Hutchins, Brian Machado, Toney Powers, Tuolumne Fire District, Joseph Turner to #100 Order. (Abbott, J.)
June 20, 2013 Opinion or Order Filing 102 MINUTE ORDER: (TEXT ENTRY ONLY) The Court anticipates issuing a ruling on all pending motions for summary judgment within the next two weeks. Accordingly, the pretrial conference, currently set for 7/10/13, is vacated and will be reset as necessary signed by District Judge Lawrence J. O'Neill on June 20, 2013. (Munoz, I)
June 19, 2013 Filing 101 SUPPLEMENT by Nicholas Hart, Benjamin C. Oyarzo re #100 Order. (Bautista, Joseph)
June 14, 2013 Filing 100 SECOND REQUEST FOR SUPPLEMENTAL BRIEFING, signed by District Judge Lawrence J. O'Neill on 06/14/13. (Coffman, Lisa)
June 12, 2013 Filing 99 RESPONSE by Kenneth Hockett, Darlene Hutchins, Toney Powers, Tuolumne Fire District, Joseph Turner to #98 Supplement. (Abbott, J.)
June 10, 2013 Filing 98 SUPPLEMENT by Nicholas Hart, Benjamin C. Oyarzo re #96 Order. (Attachments: #1 Declaration of Shannon Seibert and Exhibits 1 - 5)(Bautista, Joseph)
June 7, 2013 Filing 97 MOTION for DISCOVERY to Supplemental Disclosure by Kenneth Hockett, Darlene Hutchins, Toney Powers, Tuolumne Fire District, Joseph Turner. Motion Hearing set for 7/3/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Abbott, J.)
June 3, 2013 Filing 96 REQUEST FOR SUPPLEMENTAL BRIEFING RE PLAINTIFF OYARZO'S RANK signed by District Judge Lawrence J. O'Neill on June 3, 2013. (Munoz, I)
May 31, 2013 Filing 95 REPLY by Tuolumne Fire District re #88 Opposition to Motion. (Attachments: #1 Statement Of Objection to Evidence Adduced in Support of Consolidated Opposition, #2 Declaration Supplemental of Abbott in Support of TFD's MSJs, #3 Proposed Order RE Objection to Evidence Adduced in Support of Consolidated Opposition)(Abbott, J.)
May 29, 2013 Filing 94 NOTICE of Errata re, and Supplemental Declaration and Exhibits in Support of, Plaintiffs' Consolidated Opposition to Tuolumne Fire District's Motions for Summary Judgment or, Alternatively, for Partial Summary Judgment by All Plaintiffs re #88 Opposition to Motion, #91 Amended Document, #89 Exhibit,,. (Attachments: #1 Exhibit 1 (Page 67, Amended Response to SSUF), #2 Exhibit 2 (Supplemental Declaration, Exhibits A24 &A25), #3 Exhibit 3 (Page 38, Opposition to TFD's Motion for Summary Judgment), #4 Exhibit 4 (Amended Index of Exhibits))(Bautista, Joseph)
May 29, 2013 Opinion or Order Filing 93 STIPULATION and ORDER re reply signed by District Judge Lawrence J. O'Neill on May 28, 2013. (Munoz, I)
May 28, 2013 Filing 92 STIPULATION and PROPOSED ORDER for TFD's Consolidated Reply to Consolidated Opposition to TFD's Motion for Summary Judgmet by Tuolumne Fire District. (Abbott, J.)
May 24, 2013 Filing 91 AMENDED DOCUMENT by Nicholas Hart, Benjamin C. Oyarzo: Amended #88 Opposition to Motion. (Bautista, Joseph)
May 24, 2013 Filing 90 REPLY by Kenneth Hockett, Darlene Hutchins, Joseph Turner re #88 Opposition to Motion, #89 Exhibit,,. (Attachments: #1 Statement Of Objection to Evidence Adduced in Support of Consolidated Opposition, #2 Declaration Supplemental of Abbott to Turner MSJ, #3 Proposed Order RE Objection to Evidence Adduced in Support of Consolidated Opposition)(Abbott, J.)
May 24, 2013 Filing 89 EXHIBIT Index of Exhibits and Exhibits in Support of Consolidated Opposition to TFD's re #72 MOTION for SUMMARY JUDGMENT filed by Tuolumne Fire District, #71 MOTION for SUMMARY JUDGMENT filed by Tuolumne Fire District. (Attachments: #1 Declaration of Shannon Seibert and Exhibits, #2 Declaration of Joe Bautista and Exhibits, #3 Declaration of Nicholas Hart and Exhibits, #4 Declaration of Benjamin Oyarzo and Exhibits, #5 Declaration of Charles R. Mahla and Exhibits)(Bautista, Joseph)
May 23, 2013 Filing 88 OPPOSITION by Nicholas Hart, Benjamin C. Oyarzo to #71 MOTION for SUMMARY JUDGMENT, #72 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Response to Separate Statement)(Bautista, Joseph)
May 22, 2013 ACKNOWLEDGEMENT OF RECEIPT of DVD As Exhibit B2 from Plaintiff's Benamin C. Oyarzo and Nicholas Hart, as listed NOTICE OF LODGING (Doc. #87 ). (Fahrney, E)
May 20, 2013 Filing 87 NOTICE of Lodging DVD as Exhibit B2 to Plaintiffs' Oppositions to Defendants' Motions for Summary Judgment by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
May 20, 2013 Filing 86 STIPULATION RE CONSOLIDATION OF PLAINTIFFS' OPPOSITIONS MOTION FOR SUMMARY JUDGMENT signed by District Judge Lawrence J. O'Neill on May 20, 2013. (Munoz, I)
May 20, 2013 Filing 85 STIPULATION and PROPOSED ORDER for Consolidation of Pleadings re Motion for Summary Judgment by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
May 17, 2013 Filing 84 APPENDIX by Nicholas Hart, Benjamin C. Oyarzo re #82 Opposition to Motion,, filed by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
May 17, 2013 Filing 83 RESPONSE by Nicholas Hart, Benjamin C. Oyarzo to #82 Opposition to Motion,,. (Bautista, Joseph)
May 16, 2013 Filing 82 OPPOSITION by Nicholas Hart, Benjamin C. Oyarzo to #70 MOTION for SUMMARY JUDGMENT, #67 MOTION for SUMMARY JUDGMENT, #69 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration of Shannon Seibert and Exhibits, #2 Declaration of Seibert (2) and Exhibits, #3 Declaration of Seibert (3) and Exhibits, #4 Declaration of Joe Bautista and Exhibits, #5 Declaration of Nicholas Hart and Exhibits, #6 Declaration of Benjamin Oyarzo and Exhibits, #7 Declaration of Charles Mahla and Exhibits, (Please Disregard Attachment #8 ; full document re-filed in Doc. #83 #8 Response to Separate Statement; ) (Bautista, Joseph)
May 16, 2013 Filing 81 REPLY by Toney Powers re #78 Opposition to Motion,. (Attachments: #1 Statement of Objections to Plaintiffs Evidence in Support of Opposition to Powers' MSJ, #2 Proposed Order Re: Objections to Plaintiffs Evidence in Support of Opposition to Powers' MSJ)(Abbott, J.)
May 14, 2013 Opinion or Order Filing 80 STIPULATION and ORDER RE BRIEFING SCHEDULE signed by District Judge Lawrence J. O'Neill on May 14, 2013. (Munoz, I)
May 14, 2013 Filing 79 STIPULATION and PROPOSED ORDER for Filing Dates for Plaintiffs' Oppositions to Defendants' Motion for Summary Judgment and Defendants' Replies by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
May 9, 2013 Filing 78 OPPOSITION by Nicholas Hart, Benjamin C. Oyarzo to #66 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Response to Defendant's Separate Statement, #2 Appendix of exhibits, #3 Declaration of Shannon Seibert and attached exhibits, #4 Declaration of Joe Bautista and attached exhibits, #5 Declaration of Nicholas Hart and attached exhibits, #6 Declaration of Benjamin Oyarzo and attached exhibits)(Bautista, Joseph)
May 6, 2013 Filing 77 STIPULATION RE FILING DATES FOR PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLIES signed by District Judge Lawrence J. O'Neill on May 6, 2013. (Munoz, I)
May 6, 2013 Filing 76 STIPULATION and PROPOSED ORDER for Filing Dates for Plaintiffs' Oppositions to Defendants' Motion for Summary Judgment and Defendants' Replies by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
May 3, 2013 Opinion or Order Filing 75 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has preliminarily reviewed the filings submitted thus far in connection with the pending motions for summary judgment #66 #67 #69 #70 #71 #72 . In order to permit sufficient time for the Court to thoroughly review the voluminous materials, the hearings on those motions, currently set for May 21, May 28, and June 4, 2013 are VACATED. Should the Court determine that oral argument would be helpful, the hearing will be reset. Otherwise, the Court will rule on the papers pursuant to Local Rule 230(g). The deadlines for filing oppositions and replies remain unchanged, unless the parties stipulate otherwise. Absent leave of court, in no case shall the oppositions and replies be filed any later than the deadlines applicable to the motions previously set for hearing on June 4, 2013 signed by District Judge Lawrence J. O'Neill on May 3, 2013. (Munoz, I)
May 3, 2013 Opinion or Order Filing 74 STIPULATION and ORDER Re Settlement of Plaintiff Nicholas Hart's First Cause of Action signed by District Judge Lawrence J. O'Neill on 5/3/2013. (Sant Agata, S)
May 2, 2013 Filing 73 STIPULATION and PROPOSED ORDER for Settlement of Hart's First Cause of Action by Tuolumne Fire District. (Abbott, J.)
April 26, 2013 Filing 72 MOTION for SUMMARY JUDGMENT by Tuolumne Fire District. Motion Hearing set for 6/4/2013 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 MSJ re Oyarzo, #2 Statement of Undisputed Facts in Support of MSJ re Oyarzo, #3 Statement Joint Facts in Support of MSJ re Oyarzo, #4 Exhibit Index of Exhibits with Ex. A-A6, #5 Exhibit Exhibits A7-A18 to Index of Exhibits in Support of MSJ re Oyarzo, #6 Exhibit Exhibits B-G to Index of Exhibits n Support of MSJ re Oyarzo)(Abbott, J.)
April 26, 2013 Filing 71 MOTION for SUMMARY JUDGMENT by Tuolumne Fire District. Motion Hearing set for 6/4/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Statement of Undisputed Facts in Support of MSJ re Hart, #2 Memorandum of Points of Authorities in Support of MSJ re Hart, #3 Statement Joint Facts in Support of MSJ re Hart, #4 Exhibit Index of Exhibits with Ex. A-A13 in Support of MSJ re Hart, #5 Exhibit Exhibits A14--A27 in Support of MSJ re Hart, #6 Exhibit Exhibits B-H in Support of MSJ re Hart)(Abbott, J.)
April 26, 2013 Filing 70 MOTION for SUMMARY JUDGMENT by Darlene Hutchins. Motion Hearing set for 5/28/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Undisputed Facts in Support of MSJ, #3 Statement Joint Facts, #4 Exhibit Index of Exhibits with Ex. A-A10, #5 Exhibit Exhibits A11-D)(Abbott, J.)
April 24, 2013 Filing 69 MOTION for SUMMARY JUDGMENT by Joseph Turner. Motion Hearing set for 5/28/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Statement of Undisputed Facts, #2 Statement Joint Facts, #3 Memorandum of Points and Authorities, #4 Exhibit Index of Exhibits with Ex. A-A5, #5 Exhibit Exhibits A6--D2)(Abbott, J.)
April 24, 2013 Opinion or Order Filing 68 ORDER granting in part and denying in part #53 #59 Plaintiff's Motion to Compel. Order signed by Magistrate Judge Stanley A Boone on 4/23/2013. (Hernandez, M)
April 23, 2013 Filing 67 MOTION for SUMMARY JUDGMENT by Kenneth Hockett. Motion Hearing set for 5/21/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement Joint Facts, #3 Statement of Undisputed Facts, #4 Exhibit Index of Exhibits with Ex. A-A8, #5 Exhibit Exhibits A9--C6)(Abbott, J.)
April 22, 2013 Filing 66 MOTION for SUMMARY JUDGMENT by Toney Powers. Motion Hearing set for 5/21/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Statement of Undisputed Facts, #2 Statement Joint Facts, #3 Memorandum of Points and Authorities, #4 Exhibit Index of Exhibits with Ex. A-A3, #5 Exhibit Exhibits A4--A13, #6 Exhibit Exhibits A14-F)(Abbott, J.)
April 19, 2013 Filing 65 REPLY by Kenneth Hockett, Darlene Hutchins, Toney Powers, Tuolumne Fire District, Joseph Turner re #53 MOTION to COMPEL Defendants' Responses to Discovery Requests . (Abbott, J.)
April 19, 2013 Opinion or Order Filing 64 ORDER Dismissing Defendant Brian Machado only, signed by District Judge Lawrence J. O'Neill on 4/18/2013. (Jessen, A)
April 18, 2013 Filing 63 SUPPLEMENT by Nicholas Hart, Benjamin C. Oyarzo re #59 MOTION to COMPEL Joint Statement of Parties re Plaintiffs' Motion to Compel Defendants' Responses to Discovery Requests. (Attachments: #1 Declaration)(Bautista, Joseph)
April 18, 2013 Filing 62 STIPULATION of DISMISSAL of Defendant Brian Machado by Brian Machado. (Abbott, J.)
April 17, 2013 Filing 61 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A Boone: MOTION HEARING RE PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S RESPONSES TO DISCOVERY REQUESTS held on 4/17/2013, MOTIONS SUBMITTED. The Court ordered plaintiff to provide supplemental documents to their motion to compel by 4/18/2013 no later than 12:00 p.m. The defendant's shall file a response by close of business on 4/19/2013. Plaintiffs Counsel Shannon Michele Siebert present. Defendants Counsel Anthony Abbott by telephone. Court Reporter/CD Number: ECRO O Figueroa. (Hernandez, M)
April 12, 2013 Filing 60 FIRST AMENDED ANSWER to #8 Amended Complaint with Jury Demand by Kenneth Hockett, Darlene Hutchins, Brian Machado, Toney Powers, Tuolumne Fire District, Joseph Turner.(Abbott, J.)
April 10, 2013 Filing 59 MOTION to COMPEL Joint Statement of Parties re Plaintiffs' Motion to Compel Defendants' Responses to Discovery Requests by Nicholas Hart, Benjamin C. Oyarzo. Motion Hearing set for 4/17/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Attachments: #1 Exhibit)(Bautista, Joseph)
April 9, 2013 Opinion or Order Filing 58 ORDER re #57 Stipulation for Defendants to File a First Amended Answer and ORDER GRANTING #56 Plaintiff's Motion to Withdraw #54 Motion to Amend the Complaint signed by Magistrate Judge Stanley A Boone on 4/8/2013. Within seven (7) days, Defendants shall file their first amended answer to the complaint. Defendants' motion to file an amended answer #52 is withdrawn. (Jessen, A)
April 3, 2013 Filing 57 STIPULATION re #52 MOTION for leave to file amended answer by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
April 3, 2013 Filing 56 WITHDRAWAL of #54 MOTION to AMEND the #25 Amended Complaint by Nicholas Hart, Benjamin C. Oyarzo. (Bautista, Joseph)
March 18, 2013 Filing 55 MINUTE ORDER: (TEXT ENTRY ONLY) After further review by the Court, the MOTION HEARING as to #53 MOTION to COMPEL Defendants' Responses to Discovery Requests and #54 MOTION to AMEND the #25 Amended Complaint is reset from 4/12/2013 to 4/17/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Hernandez, M)
March 15, 2013 Filing 54 MOTION to AMEND the #25 Amended Complaint by Nicholas Hart, Benjamin C. Oyarzo. Motion Hearing set for 4/12/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Bautista, Joseph)
March 15, 2013 Filing 53 MOTION to COMPEL Defendants' Responses to Discovery Requests by Nicholas Hart, Benjamin C. Oyarzo. Motion Hearing set for 4/12/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Bautista, Joseph)
March 13, 2013 Filing 52 MOTION for leave to file amended answer by Kenneth Hockett, Darlene Hutchins, Brian Machado, Toney Powers, Tuolumne Fire District, Joseph Turner. Motion Hearing set for 4/17/2013 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Attachments: #1 Memorandum in support for leave to file amended answer, #2 Declaration of JAA in support for leave to file amended answer)(Abbott, J.)
March 6, 2013 Filing 51 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A Boone: SETTLEMENT CONFERENCE held on 3/6/2013; CASE NOT SETTLED. Plaintiffs Counsel Shannon Michele Siebert; Joe Bautista present. Defendants Counsel Anthony Abbott and Sharon Unruh present. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
February 27, 2013 Filing 50 NOTICE of Submission of Plaintiffs' Confidential Settlement Conference Statement by All Plaintiffs. (Bautista, Joseph)
February 27, 2013 Filing 49 NOTICE of Submission of Confidential Settlement Conference Statement by All Defendants. (Abbott, J.)
February 8, 2013 Opinion or Order Filing 48 ORDER to continue Settlement Conference from 2/20/2013 to 3/6/2013 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. Order signed by Magistrate Judge Stanley A Boone on 2/8/2013. (Hernandez, M)
February 7, 2013 Filing 47 STIPULATION and PROPOSED ORDER for Continuing Early Settlement Conference by Nicholas Hart, Benjamin C. Oyarzo. (Attachments: #1 Proposed Order)(Seibert, Shannon)
February 5, 2013 Filing 46 STIPULATION and PROPOSED ORDER for Continuing Early Settlement Conference by Nicholas Hart, Benjamin C. Oyarzo. (Attachments: #1 Proposed Order)(Bautista, Joseph)
January 31, 2013 Filing 45 Document #35 Motion to Quash (TERMINATED) - this was incorrectly docketed as a motion, it is actually the joint statement for the motion hearing. (Hernandez, M)
January 4, 2013 Opinion or Order Filing 44 ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of Magistrate Judge * Dennis L. Beck* from the bench of the Eastern District, this action is reassigned to * Magistrate Judge Stanley A Boone* for all further proceedings. Motions Referred: #35 MOTION to QUASH Joint Statement of Parties re Plaintiff's Motion filed by Benjamin C. Oyarzo (Sant Agata, S)
December 14, 2012 Filing 43 STIPULATION to extend time to respond to discovery by Darlene Hutchins. (Abbott, J.)
November 1, 2012 Opinion or Order Filing 42 FURTHER SCHEDULING ORDER, signed by Magistrate Judge Dennis L. Beck on 11/1/2012. (Non Expert Discovery due by 12/14/2012; Designation of Expert Witnesses due by 1/15/2013; Early Settlement Conference set for 2/20/2013 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck; Rebuttal Expert Disclosures bue by 2/28/2013; Discovery due by 3/15/2013; Non-Dispositive Motions filed by 3/15/2013; Non-Dispositive Motions heard by 4/19/2013; Dispositive Motions filed by 4/26/2013; Dispositive Motions heard by 6/4/2013; Pretrial Conference set for 7/10/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill; Jury Trial set for 9/10/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill )(Figueroa, O)
October 30, 2012 Filing 41 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: TELEPHONIC STATUS/SCHEDULING CONFERENCE held on 10/30/2012. The parties shall submit a proposed order re suggested new dates to the Court for review. Plaintiffs Counsel Shannon Michele Siebert by telephone. Defendants Counsel A Abbott by telephone. Court Reporter/CD Number: In Chambers and Off the Record. (Hernandez, M)
October 24, 2012 Filing 40 MINUTE ORDER: (TEXT ENTRY ONLY) The parties request a Telephonic Status/Scheduling Conference be set for 10/30/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M)
August 31, 2012 Opinion or Order Filing 39 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dennis L. Beck on 8/30/2012. (Arellano, S.)
August 29, 2012 Filing 38 STIPULATION and PROPOSED ORDER for Protective Order by Nicholas Hart, Benjamin C. Oyarzo. (Seibert, Shannon)
August 28, 2012 Opinion or Order Filing 37 ORDER GRANTING IN PART #33 Motion to Quash, signed by Magistrate Judge Dennis L. Beck on 8/27/2012. Proposed Protective Order due by 9/20/2012. (Figueroa, O)
August 24, 2012 Filing 36 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: MOTION HEARING RE PLAINTIFF'S MOTION TO QUASH SUBPOENAS FOR ACADEMIC AND EMPLOYMENT RECORDS held on 8/24/2012, MOTIONS SUBMITTED: The Court to Issue Order. Plaintiffs Counsel Shannon Michele Siebert by telephone. Defendants Counsel Paul Kozina by telephone. Court Reporter/CD Number: ECRO. (Hernandez, M)
August 17, 2012 Filing 35 MOTION to QUASH Joint Statement of Parties re Plaintiff's Motion by Benjamin C. Oyarzo. Motion Hearing set for 8/24/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Seibert, Shannon)
July 24, 2012 Filing 34 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the Court's schedule, the MOTION HEARING as to the #33 MOTION to QUASH Subpoenas for Academic and Employment Records : is RESET to be heard from 8/17/2012 to 8/24/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M)
July 9, 2012 Filing 33 MOTION to QUASH Subpoenas for Academic and Employment Records by Benjamin C. Oyarzo. Motion Hearing set for 8/17/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: #1 Proof of Service)(Seibert, Shannon)
December 20, 2011 Opinion or Order Filing 32 SCHEDULING ORDER: Discovery deadline: Initial Disclosures 3/6/2012; Non Expert 10/31/2012; Expert 3/1/2013; Non-Dispositive Motions filed by 3/6/2013; Hearing 4/5/2013; Dispositive Motions filed by 3/29/2013; Hearing 5/22/2013; Pretrial Conference set for 7/10/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill; Jury Trial set for 9/10/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Order signed by Magistrate Judge Dennis L. Beck on 12/20/2011. (Hernandez, M)
December 15, 2011 Filing 31 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: SCHEDULING CONFERENCE held in chambers and off the record on 12/15/2011, written order to follow. Plaintiffs Counsel S. Seibert telephonically present. Defendants Counsel J. Abbott telephonically present. (Gaumnitz, R)
December 8, 2011 Filing 30 JOINT SCHEDULING REPORT by Nicholas Hart, Benjamin C. Oyarzo. (Seibert, Shannon)
October 27, 2011 Filing 29 MINUTE ORDER: (TEXT ENTRY ONLY) The Court sets a Scheduling Conference for 12/15/2011 at 09:15 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 25, 2011 Filing 28 ANSWER to #25 Amended Complaint with Jury Demand by Kenneth Hockett, Darlene Hutchins, Brian Machado, Toney Powers, Tuolumne Fire District, Joseph Turner.(Abbott, J.)
October 12, 2011 Opinion or Order Filing 27 STIPULATION to Extend Time to Answer ; ORDER, signed by Magistrate Judge Dennis L. Beck on 10/11/2011. ( Defendants' Answer Due : 10/25/2011) (Figueroa, O)
October 11, 2011 Filing 26 STIPULATION and PROPOSED ORDER for extend time for defendants' answer by Kenneth Hockett, Darlene Hutchins, Brian Machado, Toney Powers, Tuolumne Fire District, Joseph Turner. (Abbott, J.)
September 19, 2011 Filing 25 AMENDED AMENDED COMPLAINT against Kenneth Hockett, Darlene Hutchins, Brian Machado, Toney Powers, Tuolumne Fire District, Joseph Turner by Nicholas Hart, Benjamin C. Oyarzo.(Seibert, Shannon)
September 2, 2011 Opinion or Order Filing 24 ORDER CONSOLIDATING CASES and ORDER WITHDRAWING Without Prejudice, #13 Defendants' Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 9/2/2011. Lead Case is 1:11-cv-01271-LJO-DLB. Member Case is 1:11-cv-01272-LJO-DLB. MEMBER CASE CLOSED. All future filings shall be made in lead case. signed by District Judge Lawrence J. O'Neill on 9/2/2011. Plaintiffs shall file an amended complaint no later than 9/19/2011. (Jessen, A)
September 1, 2011 Filing 23 STIPULATION and PROPOSED ORDER for Consolidating Cases by Benjamin C. Oyarzo. (Attachments: #1 Proposed Order to Consolidate)(Seibert, Shannon)
August 30, 2011 Opinion or Order Filing 22 MINUTE ORDER: (TEXT ENTRY ONLY) In light of this courts ruling on the motion to dismiss in the related case, Hart v. Tuolumne Fire District, CV-11-1272, and the identical claims and substantially similar facts, counsel are directed to meet and confer as to whether to amend the complaint and whether plaintiff will withdraw his pending motion. (Doc. 15.) Plaintiff shall file notice of his intent no later than two court days after service of this minute order. Counsel is notified that this Court is overburdened with in excess of 1300 cases and unnecessary motions are highly discouraged. Such motions will result in delay of these proceedings signed by District Judge Lawrence J. O'Neill on August 30, 2011. (Munoz, I)
August 3, 2011 Filing 21 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the administrative transitions in flux, and in an attempt to allow case assignments to be made in an efficient manner, this case was placed back into the pool for random assignment. This case has been reassigned to District Judge Lawrence J. O'Neill. The new case number is 1:11-cv-1271 LJO DLB.(Kusamura, W)
August 1, 2011 Filing 20 CLERK'S NOTICE pursuant to 19 Minute Order transferring this matter to the Fresno Division, Clerk has randomly drawn case 1:11-cv-1271 OWW DLB and assigned District Judge Oliver W. Wanger and Magistrate Judge Dennis L. Beck. All future pleadings shall reference this new case number. (TEXT ONLY ENTRY) (Waggoner, D)
August 1, 2011 Filing 19 MINUTE ORDER issued by CRD M. Krueger for Judge Frank C. Damrell, Jr on 8/1/2011: Pursuant to Local Rule 120(d), the Court defers ruling on Defendants' Motion to Dismiss #13 and hereby TRANSFERS this action to the Fresno Division of the Eastern District Court. The Clerk of Court shall make the appropriate reassignment. (TEXT ONLY) (cc: Ops Supervisor)(Krueger, M)
July 18, 2011 Filing 18 MINUTE ORDER issued by CRD M. Krueger for Judge Frank C. Damrell, Jr on 7/18/2011: Defendants' Motion to Dismiss #13 is hereby SUBMITTED without oral argument. The hearing set for July 22, 2011 is VACATED. The Court will issue a written order. (TEXT ONLY) (Krueger, M)
July 15, 2011 Filing 17 REPLY by Kenneth Hockett, Darlene Hutchins, Brian Machado, Tuolumne Fire District, Joseph Turner to RESPONSE to #13 Motion to Dismiss. (Abbott, J.) Modified on 7/18/2011 (Zignago, K.).
July 8, 2011 Filing 16 OPPOSITION by Benjamin C. Oyarzo to #13 MOTION to DISMISS. (Montoya, Nina)
July 8, 2011 Filing 15 JOINT SCHEDULING REPORT by Benjamin C. Oyarzo. (Seibert, Shannon)
June 20, 2011 Filing 14 WAIVER of SERVICE RETURNED EXECUTED: Joseph Turner Waiver sent on 5/9/2011. (Seibert, Shannon) Modified on 6/21/2011 (Meuleman, A).
May 13, 2011 Filing 13 MOTION to DISMISS by Kenneth Hockett, Darlene Hutchins, Brian Machado, Tuolumne Fire District, Joseph Turner. Attorney Abbott, J. Anthony added. Motion Hearing set for 7/22/2011 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Attachments: #1 Memorandum of Points and Authorities)(Abbott, J.)
May 11, 2011 Filing 12 SUMMONS RETURNED EXECUTED: Brian Machado served on 4/26/2011, answer due 5/17/2011. (Seibert, Shannon)
May 11, 2011 Filing 11 SUMMONS RETURNED EXECUTED: Darlene Hutchins served on 4/25/2011, answer due 5/16/2011. (Seibert, Shannon)
May 11, 2011 Filing 10 SUMMONS RETURNED EXECUTED: Kenneth Hockett served on 4/25/2011, answer due 5/16/2011. (Seibert, Shannon)
May 11, 2011 Filing 9 SUMMONS RETURNED EXECUTED: Tuolumne Fire District served on 4/22/2011, answer due 5/13/2011. (Seibert, Shannon)
April 15, 2011 Filing 8 FIRST AMENDED COMPLAINT against Kenneth Hockett, Darlene Hutchins, Brian Machado, Tuolumne Fire District, Joseph Turner by Benjamin C. Oyarzo.(Seibert, Shannon)
March 28, 2011 Opinion or Order Filing 7 RELATED CASE #6 ORDER signed by Judge Frank C. Damrell, Jr. on 3/28/2011. Action denominated 2:11-CV-0812 MCE GGH is REASSIGNED to Judge Damrell and Magistrate Judge Edmund F. Brennan for all further proceedings. Henceforth, the caption shall be shown as 2:11-CV-0812 FCD EFB. Clerk to make appropriate adjustment to compensate for reassignment. (Marciel, M)
March 24, 2011 Filing 6 NOTICE of RELATED CASES: 11-cv-00754 and 11-cv-00812 by Benjamin C. Oyarzo. (Seibert, Shannon) Modified on 3/28/2011 (Marciel, M).
March 21, 2011 Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP Form) (Kaminski, H)
March 21, 2011 Filing 4 SUMMONS ISSUED as to *Kenneth Hockett, Darlene Hutchins, Brian Machado, Tuolumne Fire District, Joseph Turner* with answer to complaint due within *21* days. Attorney *Shannon Michele Seibert* *Seibert & Bautista* *18711 Tiffeni Drive, #17-129* *Twain Harte, CA 95383*. (Kaminski, H)
March 21, 2011 Filing 2 CIVIL COVER SHEET by Benjamin C. Oyarzo (Seibert, Shannon)
March 21, 2011 RECEIPT number #CAE200034210 $350.00 fbo Benjamin C. Oyarzo by Shannon M. Seibert on 3/21/2011. (Kaminski, H)
March 18, 2011 Filing 1 COMPLAINT against Does 1-10, Kenneth Hockett, Darlene Hutchins, Brian Machado, Tuolumne Fire District, Joseph Turner by Benjamin C. Oyarzo.(Seibert, Shannon)

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Search for this case: Oyarzo et al v. Tuolumne Fire District et al
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Defendant: Tuolumne Fire District
Represented By: John Anthony Abbott
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Defendant: Tuolumne Fire Protection District
Represented By: John Anthony Abbott
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Defendant: Toney Powers
Represented By: John Anthony Abbott
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Defendant: Joseph Turner
Represented By: John Anthony Abbott
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Defendant: Darlene Hutchins
Represented By: John Anthony Abbott
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Defendant: Kenneth Hockett
Represented By: John Anthony Abbott
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Defendant: Brian Machado
Represented By: John Anthony Abbott
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Plaintiff: Benjamin C. Oyarzo
Represented By: Nina Cristina Montoya
Represented By: Joseph Issac Bautista
Represented By: Shannon Michele Seibert
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Plaintiff: Nicholas Hart
Represented By: Nina Cristina Montoya
Represented By: Joseph Issac Bautista
Represented By: Shannon Michele Seibert
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