Holcomb v. Ramar et al
Harvey Holcomb |
Jerry Ramar, Officer Kroutil, Officer Cox, Officer Bottoms, Officer Ciccarelli, J. Chandler, City of Modesto and Richard Roe |
1:2013cv01102 |
July 17, 2013 |
US District Court for the Eastern District of California |
Fresno Office |
Stanislaus |
Anthony W Ishii |
Sheila K Oberto |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on June 19, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 199 TRANSCRIPT of Proceedings held on 8-10-17, Trial Testimony of Jerry Ramar, Volume 2 before District Judge Anthony W. Ishii, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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 7/10/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/17/2020. (Hooven, K) |
Filing 198 TRANSCRIPT of Proceedings held on 8-9-17, Trial Testimony of Jerry Ramar, Volume 1 before District Judge Anthony W. Ishii, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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 7/10/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/17/2020. (Hooven, K) |
Filing 197 TRANSCRIPT REQUEST by City of Modesto. MULTIPLE REPORTERS REQUESTED (Mehretu, David) |
Filing 196 STIPULATION and ORDER REGARDING COSTS AND APPEAL, signed by District Judge Anthony W. Ishii on 9/21/2017. (Kusamura, W) |
Filing 195 STIPULATION and PROPOSED ORDER for Regarding Costs and Appeal by Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 194 EXHIBIT C (redacted) by Officer Kroutil, Jerry Ramar re #193 Bill of Costs Submitted. (Loebs, Blake) |
Filing 193 BILL of COSTS SUBMITTED by Officer Kroutil, Jerry Ramar. (Attachments: #1 Exhibit A, #2 Exhibit B, # 3 Exhibit C, #4 Exhibit D)(Loebs, Blake) |
Civil Case Terminated. CASE CLOSED (Kusamura, W) |
Filing 192 JUDGMENT dated *8/18/2017* in favor of Defendant's against Plaintiff pursuant to order. (Kusamura, W) |
Filing 191 RECEIPT FOR EXHIBITS returned to Plaintiff. (Lundstrom, T) |
Filing 190 RECEIPT FOR EXHIBITS returned to Defendant. (Lundstrom, T) |
Filing 189 COURT EXHIBITS.(Lundstrom, T) |
Filing 188 JURY VERDICT(Lundstrom, T) |
Filing 187 JURY INSTRUCTIONS GIVEN. (Lundstrom, T) |
Filing 186 TRIAL EXHIBIT & WITNESS LIST.(Kusamura, W) |
Filing 185 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL Day 9 completed on 8/18/2017. Jury resumes deliberations. Jury has a question. Jury returned to open court for re-back of a portion of plaintiff's testimony. Jury returns with a verdict in favor of the defendants. Jury was polled, thanked and excused. Plaintiffs Counsel Anthony Boskovich present. Defendants Counsel Blake Loebs present. Court Reporter: Peggy Crawford. (Kusamura, W) |
Filing 184 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL Day 8 held on 8/17/2017. Defendant finished closing argument and plaintiff gave rebuttal. Jury was instructed and sent to deliberate. Jury returned to the courtroom with a question. Question was discussed and jury was sent back to clarify. Jury was sent home and ordered to return for further deliberation Friday, August 18, 2018 at 09:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich present Defendants Counsel Blake Loebs present Court Reporter: Peggy Crawford (Kusamura, W) |
Filing 183 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL Day 7 held on 8/16/2017. Dr. Berg resumes her testimony. Defendant's rest. Jury instructions were given. Closing Arguments began. Jury Trial Day 8 will resume 8/17/2017 at 09:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich present. Defendants Counsel Blake Loebs present. Court Reporter: Peggy Crawford. (Kusamura, W) |
Filing 182 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL Day 6 held on 8/15/2017. Defendant's case. Defendant calls Joseph Bottoms, Jeff Hopkins, Dr. Joanna Berg all were sworn and testified. Defendant called Jerry Ramar who was previously sworn, and John Perino by deposition. Jury Trial Day 7 will resume 8/16/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich present. Defendants Counsel Blake Loebs present. Court Reporter: Peggy Crawford. (Kusamura, W) |
Filing 181 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL Day 5 held on 8/14/2017; Defendants #180 Motion for Rule 50 dismissal. Argument was heard and submitted. Court Granted in Part and Denied in Part. Jury Instruction Conference was held. Jury Trial Day 6 will resume 8/15/2017 @ 8:30am. Plaintiffs Counsel Anthony Boskovich Defendants Counsel Blake Loebs Court Reporter: Peggy Crawford (Kusamura, W) |
Filing 180 MOTION to DISMISS by Officer Kroutil, Jerry Ramar. Motion Hearing set for 8/14/2017 at 03:00 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Moutrie, Robert) |
Filing 179 PROPOSED JURY INSTRUCTIONS by Officer Kroutil, Jerry Ramar. (Attachments: #1 Exhibit A)(Loebs, Blake) |
Filing 178 PROPOSED JURY INSTRUCTIONS by Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 177 PROPOSED JURY INSTRUCTIONS by Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 175 BRIEF re Proposed Instructions and Verdict Form by Harvey Holcomb. (Boskovich, Anthony) |
Filing 174 BRIEF in Opposition to Motion for Judicial Admission and Request for Sanctions Pursuant to FRCP 16(f) by Harvey Holcomb. (Boskovich, Anthony) |
Filing 173 PROPOSED JURY INSTRUCTIONS by Harvey Holcomb.(Boskovich, Anthony) |
Filing 172 CORRECTED TRANSCRIPT of Proceedings held on 8/11/2017, Jury Trial, Day 4, Testimony of Harvey Holcomb, before District Judge Anthony W. Ishii, filed by Court Reporter Peggy Crawford, Phone number 559-266-3789 E-mail peggycrawford@gmail.com. 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 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017. (Crawford, P) |
Filing 171 PARTIAL TRANSCRIPT of Proceedings held on 8/11/2017, Jury Trial, Day 4, Testimony of Harvey Holcomb, before District Judge Anthony W. Ishii, filed by Court Reporter Peggy Crawford, Phone number 559-266-3789 E-mail peggycrawford@gmail.com. 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 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017. (Crawford, P) |
Filing 176 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL Day 4 held on 8/11/2017. Pretrial matters addressed and resolved. Plaintiff calls Nikki Holcomb & Harvey Holcomb both were sworn and testified. Plaintiff rests. Jury was excused for the weekend with the admonition. Jury Instruction Conference (Day 5 of Jury Trial) set for 8/14/2017 at 03:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial Day 6 to resume 8/15/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich present. Defendants Counsel Blake Loebs present. Court Reporter: Peggy Crawford. (Kusamura, W) Modified on 8/15/2017 (Kusamura, W). |
Filing 170 BRIEF in Support of Proposed Modification to Jury Instruction 9.23B and Verdict Form by Officer Kroutil, Jerry Ramar. (Attachments: #1 Preferred Proposed Jury Instruction 9.23B, #2 Alternative Proposed Jury Instruction 9.23B, #3 Revised Proposed Verdict Form)(Moutrie, Robert) |
Filing 169 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL Day 3 held on 8/10/2017. Sgt. Ramar resumed his testimony, Sgt. Kroutil & Brian Turner were called both were sworn & testified. Jury Trial Day 4 set for 8/11/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich present. Defendants Counsel Blake Loebs present. Court Reporter: Karen Hooven (AM) & Peggy Crawford (PM) (Kusamura, W) |
Filing 168 PARTIAL TRANSCRIPT of Proceedings held on 8-8-17, Plaintiff's Opening Statment before District Judge Anthony W. Ishii, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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 8/31/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 11/9/2017. (Hooven, K) |
Filing 167 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL DAY 2 held on 8/9/2017. Court GRANTS #164 Motion to Strike. Plaintiff called Jerry Ramar who was sworn & testified. Motion to Dismiss defendant Officer Bottoms. Motion was unopposed. Court GRANTS motion. Officer Bottoms is dismissed from this action. Jury Trial Day 3 will resume 8/10/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich Defendants Counsel Blake Loebs Court Reporter: Karen Hooven (Kusamura, W) |
Filing 166 TRANSCRIPT REQUEST for proceedings held on 8/8/2017, 8/9/2017 before Judge Anthony W. Ishii. Court Reporter Karen Hooven. (Lundstrom, T) |
Filing 165 PROPOSED JURY INSTRUCTIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Moutrie, Robert) |
Filing 164 MOTION to STRIKE Part of Testimony of Dr. Paul Braaton by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 163 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: JURY TRIAL DAY 1 held on 8/8/2017. Pretrial matters were discussed and resolved. The Jury was selected and opening statements were given. Plaintiff called Dr. Braaton (Video Deposition). Jury Trial Day 2 will resume 8/9/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich Defendants Counsel Blake Loebs Court Reporter: Karen Hooven (Kusamura, W) |
Filing 162 PROPOSED JURY INSTRUCTIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Moutrie, Robert) |
Filing 161 BRIEF in Support of Proposed Modification to Jury Instruction 9.20 / 9.23 by Officer Bottoms, Officer Kroutil, Jerry Ramar. Attorney Moutrie, Robert S. added. (Attachments: #1 Defendants' Proposed Modified Jury Instruction 9.20/9.23)(Moutrie, Robert) |
Filing 160 PROPOSED JURY INSTRUCTIONS by Harvey Holcomb.(Boskovich, Anthony) |
Filing 159 PROPOSED JURY INSTRUCTIONS by Harvey Holcomb.(Boskovich, Anthony) |
Filing 158 EXHIBIT LIST Notice of Filing Revised by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Attachments: #1 Exhibit A, #2 Exhibit B)(Loebs, Blake) |
Filing 157 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: TELEPHONIC TRIAL CONFIRMATION held on 7/28/2017. Jury Trial is CONFIRMED. Plaintiffs Counsel Anthony Boskovich present. Defendants Counsel Blake Loebs present. (Kusamura, W) |
Filing 156 TRANSCRIPT REQUEST by Harvey Holcomb for proceedings held on 10/11/16 before Judge Ishii. Court Reporter Karen Hooven. (Boskovich, Anthony) |
Filing 155 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Anthony W. Ishii on 7/20/2017; At the request of Counsel an IT appointment has been set for 8/7/2017 at 3:00 PM in Courtroom 2. The parties are encouraged to take advantage of this opportunity to receive an overview of the technology available in Courtroom 2, and how to use it in preparation of the jury trial. Please bring any equipment you intend to use during trial with you for testing with the technology in the courtroom. (Kusamura, W) Modified on 7/20/2017 (Kusamura, W). |
Filing 154 MINUTE ORDER: (TEXT ENTRY ONLY) The Court RE-SETS the Telephonic Trial Confirmation Hearing currently set for 7/25/2017 to 7/28/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Parties are to set up a conference call and all be on one line before calling the court at 559-499-5669, signed by District Judge Anthony W. Ishii on 7/18/2017. (Kusamura, W) |
Filing 153 ORDER ON OBJECTIONS TO DR. BRAATON'S DE BENE ESSE DEPOSITOIN, signed by District Judge Anthony W. Ishii on 7/10/2017. (Kusamura, W) |
Filing 152 TRANSCRIPT of Proceedings held on 10-11-16, Motions in Limine Hearing before District Judge Anthony W. Ishii, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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 7/28/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/5/2017. (Hooven, K) |
Filing 151 TRANSCRIPT REQUEST by Officer Bottoms, Officer Kroutil, Jerry Ramar for proceedings held on 10/11/2016 before Judge Anthony W. Ishii. Court Reporter Karen Hooven. (Loebs, Blake) |
Filing 150 BRIEF (Joint) Regarding Agreed Upon and Disagreed Upon Portions of Dr. Braaton's October Deposition by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 149 NOTICE (Joint) of Agreement re Dr. Braaton Testimony by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 148 ORDER Setting New Trial: Telephonic Trial Confirmation Hearing set for 7/25/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Jury Trial set for 8/8/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 3/7/2017. (Kusamura, W) |
Filing 147 MINUTES (Text Only) For proceedings before District Judge Anthony W. Ishii: TELEPHONIC MOTION HEARING held on 12/12/2016. Granting in part and Denying in part #136 Motion in Limine. Plaintiffs Counsel A. Boskovich Defendants Counsel B. Loebs Court Reporter: Peggy Crawford (Kusamura, W) |
Filing 146 MINUTE ORDER: (TEXT ENTRY ONLY) The Telephonic Status Conference set for 12/12/2016 is for 03:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 12/8/2016. The Telephonic conferences are joined by calling: (888)204-5984 and entering code 4446176. The Court will dial in as the host. (Kusamura, W) |
Filing 145 REPLY by Officer Bottoms, Officer Kroutil, Jerry Ramar re #136 MOTION IN LIMINE MOTION TO EXCLUDE PORTIONS OF TESTIMONY OF PAUL BRAATON, M.D.. (Attachments: #1 Supplemental Declaration of Blake Loebs in Support of Defendants' Reply, #2 Exhibits E to M to the Supplemental Declaration of Blake Loebs)(Loebs, Blake) |
Filing 144 ORDER ON STIPULATION AND ORDER VACATING NOVEMBER 21, 2016 HEARING and re-setting to 12/12/2016 at 03:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 11/14/2016. (Kusamura, W) Modified on 11/14/2016 (Kusamura, W). |
Filing 143 STIPULATION and PROPOSED ORDER for Amending Scheduling Order [Hearing re Testimony of Paul Braaton, M.D.] re 138 Status Conference,,, Set/Reset Deadlines and Hearings,, by Harvey Holcomb. (Boskovich, Anthony) |
Filing 142 OPPOSITION by Harvey Holcomb to #136 MOTION IN LIMINE MOTION TO EXCLUDE PORTIONS OF TESTIMONY OF PAUL BRAATON, M.D.. (Attachments: #1 Declaration of Anthony Boskovich, #2 Exhibit A to Declaration of Anthony Boskovich, #3 Exhibit B to Declaration of Anthony Boskovich, #4 Exhibit C to Declaration of Anthony Boskovich, #5 Exhibit D to Declaration of Anthony Boskovich, #6 Exhibit E to Declaration of Anthony Boskovich, #7 Exhibit F to Declaration of Anthony Boskovich, #8 Exhibit G to Declaration of Anthony Boskovich, #9 Exhibit H to Declaration of Anthony Boskovich, #10 Exhibit I to Declaration of Anthony Boskovich, #11 Exhibit J to Declaration of Anthony Boskovich, #12 Exhibit K to Declaration of Anthony Boskovich)(Boskovich, Anthony) |
Filing 141 TRANSCRIPT of Proceedings held on 10/17/2016, before District Judge Anthony W. Ishii. TELEPHONIC STATUS CONFERENCE filed by ECRO, Phone number 559-499-5928 or 559-499-5980 E-mail Fresno_ECRO@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 11/17/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/23/2017. (Dean, J) |
Filing 140 TRANSCRIPT REQUEST by Officer Bottoms, Officer Kroutil, Jerry Ramar for proceedings held on 10/17/2016 before Judge Anthony W. Ishii. Court Reporter ECRO Fresno. (Loebs, Blake) |
Filing 139 TRANSCRIPT REQUEST by Harvey Holcomb for proceedings held on 10/17/2016 before Judge Ishii. Court Reporter ECRO Fresno. (Boskovich, Anthony) |
Filing 138 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: TELEPHONIC STATUS CONFERENCE held on 10/17/2016. Plaintiff brought an Oral Motoin to Continue the Jury Trial. Argument was heard and Court GRANTED the Motion. Plaintiffs response to the Motion in Limine are due 10/28/2016 defendant's repoly due by 11/14/2016; Motion Hearing set for 11/21/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs Counsel Anthony Boskovich Defendants Counsel Blake Loebs & Danta Foronda Court Reporter/CD Number: ECRO. (Kusamura, W) |
Filing 137 PROPOSED JURY INSTRUCTIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 136 MOTION IN LIMINE MOTION TO EXCLUDE PORTIONS OF TESTIMONY OF PAUL BRAATON, M.D. by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/18/2016 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Declaration Blake P. Loebs, #2 Exhibit A-D)(Loebs, Blake) |
Filing 135 STIPULATION and PROPOSED ORDER for Speed by Harvey Holcomb. (Boskovich, Anthony) |
Filing 134 AMENDED DOCUMENT by Officer Bottoms, Officer Kroutil, Jerry Ramar: Amended #133 Notice - Other. (Loebs, Blake) |
Filing 133 NOTICE Joint Agreed Summary of Case by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 132 PROPOSED VOIR DIRE by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 131 NOTICE List of Discovery Documents by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 130 WITNESS LIST by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 129 PROPOSED VOIR DIRE by Harvey Holcomb.(Boskovich, Anthony) |
Filing 128 WITNESS LIST by Harvey Holcomb.(Boskovich, Anthony) |
Filing 127 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: TRIAL CONFIRMATION AND MOTIONS IN LIMINE HEARING held on 10/11/2016. Motion in Limine held and argued. Plaintiff's Motion in Limine No. One #72 - GRANTED IN PART/RESERVED IN PART. Plaintiff's Motion in Limine No. Two #73 - GRANTED IN PART/DENIED IN PART. Plaintiff's Motion in Limine No. Three #74 - GRANTED. Plaintiff's Motion in Limine No. Four #88 - GRANTED. Defense Motion in Limine No. One #75 - GRANTED. Defense Motion in Limine No. Two #76 - GRANTED. Defense Motion in Limine No. Three #77 - GRANTED. Defense Motion in Limine No. Four #78 - GRANTED. Defense Motion in Limine No. Five #79 - GRANTED. Defense Motion in Limine No. Six #80 - GRANTED. Defense Motion in Limine No. Seven #81 - GRANTED IN PART/DENIED IN PART. Defense Motion in Limine No. Eight #82 - GRANTED. Defense Motion in Limine No. Nine #83 - GRANTED. Defense Motion in Limine No. Ten #84 - GRANTED. Defense Motion in Limine No. Eleven #85 - GRANTED. Defense Motion in Limine No. Twelve #86 - GRANTED. Defense Motion in Limine No. Thirteen #87 - GRANTED. JURY TRIAL set for 10/18/2016 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii is CONFIRMED. Plaintiffs Counsel Anthony Boskovich present. Defendants Counsel Blake Loebs present. Court Reporter/CD Number: Karen Hooven. (Valdez, E) |
ACKNOWLEDGEMENT OF RECEIPT of #126 Trial Exhibits, Discovery Documents, Videos and Deposition Transcripts from Defendants. Forwarded to Chambers. (Flores, E) |
Filing 126 NOTICE of Lodging by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 125 MINUTE ORDER: (Text Entry Only) signed by District Judge Anthony W. Ishii on 10/5/2016; At the request of Counsel an IT appointment has been set for 10/11/2016 at 11:00 AM in Courtroom 2. The parties are encouraged to take advantage of this opportunity to receive an overview of the technology available in Courtroom 2, and how to use it in preparation of the jury trial. Please bring any equipment you intend to use during trial with you for testing with the technology in the courtroom.(Kusamura, W) |
Filing 124 STATEMENT of Stipulated Facts re Plaintiff's Prior Hospitalization at Memorial Hospital (JOINT) by Defendants Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 123 STIPULATION re Defendants' Street Diagram and Google Aerial Image by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 122 STIPULATION re Certification of Records by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 121 RESPONSE by Harvey Holcomb to #108 Trial Brief. (Boskovich, Anthony) |
Filing 120 REPLY by Harvey Holcomb to RESPONSE to #72 MOTION IN LIMINE to Exclude Prior Arrests and Convictions. (Boskovich, Anthony) |
Filing 119 REPLY by Harvey Holcomb to RESPONSE to #73 MOTION IN LIMINE No. 2 to Exclude Testimony of Don Cameron or, in the Alternative, for a Daubert Hearing. (Boskovich, Anthony) |
Filing 118 REPLY by Officer Bottoms, Officer Kroutil, Jerry Ramar re #99 Opposition to Motion. (Loebs, Blake) |
Filing 117 PROPOSED JURY INSTRUCTIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 116 PROPOSED JURY INSTRUCTIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 115 PROPOSED VERDICT submitted by Defendants Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 114 OPPOSITION by Officer Bottoms, Officer Kroutil, Jerry Ramar to #72 MOTION IN LIMINE to Exclude Prior Arrests and Convictions. (Loebs, Blake) |
Filing 113 STATEMENT of NON-OPPOSITION by Harvey Holcomb to #87 MOTION IN LIMINE NO. 13 TO PRECLUDE QUESTIONS CONCERNING WHETHER ANY OFFICERS HAVE ISSUED TICKETS TO OTHER OFFICERS FOR TRAFFIC OR PARKING VIOLATIONS OR REPORTED SUCH VIOLATIONS. (Boskovich, Anthony) |
Filing 112 OPPOSITION by Officer Bottoms, Officer Kroutil, Jerry Ramar to #73 MOTION IN LIMINE No. 2 to Exclude Testimony of Don Cameron or, in the Alternative, for a Daubert Hearing. (Loebs, Blake) |
Filing 111 STATEMENT of NON-OPPOSITION by Officer Bottoms, Officer Kroutil, Jerry Ramar to #88 MOTION IN LIMINE No. 4 to Exclude Evidence Not Previously Disclosed in Discovery or Rule 26 Disclosures. (Loebs, Blake) |
Filing 110 STATEMENT of NON-OPPOSITION by Officer Bottoms, Officer Kroutil, Jerry Ramar to #74 MOTION IN LIMINE No. 3 to Exclude testimony Regarding Any Awards, Commendations, or Medals Warded to Any Police Officer. (Loebs, Blake) |
Filing 109 OPPOSITION by Harvey Holcomb to #83 MOTION IN LIMINE NO. 9 TO PRECLUDE QUESTIONS ABOUT DEFENDANTS INTERROGATORY RESPONSES. (Boskovich, Anthony) |
Filing 108 TRIAL BRIEF by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 107 OPPOSITION by Harvey Holcomb to #86 MOTION IN LIMINE NO. 12 TO PRECLUDE QUESTIONS REGARDING AN OFFICERS POSSESSION OF HIS GUN AT HIS DEPOSITION OR AT TRIAL. (Boskovich, Anthony) |
Filing 106 STATEMENT of NON-OPPOSITION by Harvey Holcomb to #82 MOTION IN LIMINE NO. 8 TO PRECLUDE HARASSING PERSONAL QUESTIONS TO ANY OFFICERS, CONCERNING DIVORCE PROCEEDINGS, ACCUSATIONS OF DOMESTIC VIOLENCE, OR OTHER LAWSUITS. (Boskovich, Anthony) |
Filing 105 OPPOSITION by Harvey Holcomb to #81 MOTION IN LIMINE NO. 7 TO PRECLUDE PLAINTIFF FROM QUESTIONING ANY DEFENDANTS OR OFFICERS CONCERNING WHETHER THEY HAVE ISSUED TICKETS OR STOPPED MOTORISTS FOR TRAFFIC VIOLATIONS SIMILAR TO THOSE ALLEGED AGAINST PLAINTIFF OR SERGEANT RAMAR. (Boskovich, Anthony) |
Filing 104 PROPOSED JURY INSTRUCTIONS by Harvey Holcomb.(Boskovich, Anthony) |
Filing 103 PROPOSED JURY INSTRUCTIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 102 PROPOSED JURY INSTRUCTIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 101 PROPOSED VERDICT submitted by Defendants Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 100 PROPOSED VERDICT submitted by Plaintiff Harvey Holcomb.(Boskovich, Anthony) |
Filing 99 OPPOSITION by Harvey Holcomb to #77 MOTION IN LIMINE No. 3 to Exclude Plaintiff's Reconstruction Photographs. (Boskovich, Anthony) |
Filing 98 OPPOSITION by Harvey Holcomb to #78 MOTION IN LIMINE NO. 4 TO PRECLUDE QUESTIONING ABOUT THE STOPPING DISTANCE AND ACCELERATION RATE OF A TOYOTA RAV4 VEHICLE. (Boskovich, Anthony) |
Filing 97 TRIAL BRIEF by Harvey Holcomb.(Boskovich, Anthony) |
Filing 96 PRETRIAL STATEMENT by Defendants Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 95 OPPOSITION by Harvey Holcomb to #75 MOTION IN LIMINE to Exclude the Dismissal of Charges Against Plaintiff. (Boskovich, Anthony) |
Filing 94 STATEMENT of NON-OPPOSITION by Harvey Holcomb to #76 MOTION IN LIMINE Exclude Testimony and Evidence Regarding Plaintiff's Driving Record. (Boskovich, Anthony) |
Filing 93 STATEMENT of NON-OPPOSITION by Harvey Holcomb to #79 MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF PRIOR COMPLAINTS, DISCIPLINE, OR LAWSUITS AGAINST ANY OFFICERS OR THEIR REASONS FOR LEAVING THEIR PREVIOUS EMPLOYMENT. (Boskovich, Anthony) |
Filing 92 STATEMENT of NON-OPPOSITION by Harvey Holcomb to #80 MOTION IN LIMINE NO. 6 TO PRECLUDE QUESTIONING WHETHER ANY DEFENDANT OR OFFICER HAS EVER BEEN CONVICTED OR ARRESTED FOR ANY CRIME OR DETAINED BY A POLICE OFFICER. (Boskovich, Anthony) |
Filing 91 STATEMENT of NON-OPPOSITION by Harvey Holcomb to #84 MOTION IN LIMINE NO. 10 TO PRECLUDE QUESTIONS REGARDING THE ADEQUACY OF ANY DEFENDANTS TRAINING. (Boskovich, Anthony) |
Filing 90 STATEMENT of NON-OPPOSITION by Harvey Holcomb to #85 MOTION IN LIMINE NO. 11 TO PRECLUDE QUESTIONS RELATING TO ANY INVESTIGATION OF THE INCIDENT OR FAILURE TO INVESTIGATE THE INCIDENT BY THE DEPARTMENT, OR WHETHER THE INCIDENT WAS AN ISSUE WHEN ANY OFFICERS WERE PROMOTED. (Boskovich, Anthony) |
Filing 89 DECLARATION of Blake P. Loebs in SUPPORT OF #75 MOTION IN LIMINE to Exclude the Dismissal of Charges Against Plaintiff, #79 MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF PRIOR COMPLAINTS, DISCIPLINE, OR LAWSUITS AGAINST ANY OFFICERS OR THEIR REASONS FOR LEAVING THEIR PREVIOUS EMPLOYMENT, #87 MOTION IN LIMINE NO. 13 TO PRECLUDE QUESTIONS CONCERNING WHETHER ANY OFFICERS HAVE ISSUED TICKETS TO OTHER OFFICERS FOR TRAFFIC OR PARKING VIOLATIONS OR REPORTED SUCH VIOLATIONS, #84 MOTION IN LIMINE NO. 10 TO PRECLUDE QUESTIONS REGARDING THE ADEQUACY OF ANY DEFENDANTS TRAINING, #81 MOTION IN LIMINE NO. 7 TO PRECLUDE PLAINTIFF FROM QUESTIONING ANY DEFENDANTS OR OFFICERS CONCERNING WHETHER THEY HAVE ISSUED TICKETS OR STOPPED MOTORISTS FOR TRAFFIC VIOLATIONS SIMILAR TO THOSE ALLEGED AGAINST PLAINTIFF OR SERGEANT RAMAR, #77 MOTION IN LIMINE No. 3 to Exclude Plaintiff's Reconstruction Photographs, #86 MOTION IN LIMINE NO. 12 TO PRECLUDE QUESTIONS REGARDING AN OFFICERS POSSESSION OF HIS GUN AT HIS DEPOSITION OR AT TRIAL, #82 MOTION IN LIMINE NO. 8 TO PRECLUDE HARASSING PERSONAL QUESTIONS TO ANY OFFICERS, CONCERNING DIVORCE PROCEEDINGS, ACCUSATIONS OF DOMESTIC VIOLENCE, OR OTHER LAWSUITS, #76 MOTION IN LIMINE Exclude Testimony and Evidence Regarding Plaintiff's Driving Record, #80 MOTION IN LIMINE NO. 6 TO PRECLUDE QUESTIONING WHETHER ANY DEFENDANT OR OFFICER HAS EVER BEEN CONVICTED OR ARRESTED FOR ANY CRIME OR DETAINED BY A POLICE OFFICER, #78 MOTION IN LIMINE NO. 4 TO PRECLUDE QUESTIONING ABOUT THE STOPPING DISTANCE AND ACCELERATION RATE OF A TOYOTA RAV4 VEHICLE, #83 MOTION IN LIMINE NO. 9 TO PRECLUDE QUESTIONS ABOUT DEFENDANTS INTERROGATORY RESPONSES. (Attachments: #1 Exhibit A-I)(Loebs, Blake) |
Filing 88 MOTION IN LIMINE No. 4 to Exclude Evidence Not Previously Disclosed in Discovery or Rule 26 Disclosures by Harvey Holcomb. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Boskovich, Anthony) |
Filing 87 MOTION IN LIMINE NO. 13 TO PRECLUDE QUESTIONS CONCERNING WHETHER ANY OFFICERS HAVE ISSUED TICKETS TO OTHER OFFICERS FOR TRAFFIC OR PARKING VIOLATIONS OR REPORTED SUCH VIOLATIONS by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 86 MOTION IN LIMINE NO. 12 TO PRECLUDE QUESTIONS REGARDING AN OFFICERS POSSESSION OF HIS GUN AT HIS DEPOSITION OR AT TRIAL by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 85 MOTION IN LIMINE NO. 11 TO PRECLUDE QUESTIONS RELATING TO ANY INVESTIGATION OF THE INCIDENT OR FAILURE TO INVESTIGATE THE INCIDENT BY THE DEPARTMENT, OR WHETHER THE INCIDENT WAS AN ISSUE WHEN ANY OFFICERS WERE PROMOTED by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 84 MOTION IN LIMINE NO. 10 TO PRECLUDE QUESTIONS REGARDING THE ADEQUACY OF ANY DEFENDANTS TRAINING by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 83 MOTION IN LIMINE NO. 9 TO PRECLUDE QUESTIONS ABOUT DEFENDANTS INTERROGATORY RESPONSES by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 82 MOTION IN LIMINE NO. 8 TO PRECLUDE HARASSING PERSONAL QUESTIONS TO ANY OFFICERS, CONCERNING DIVORCE PROCEEDINGS, ACCUSATIONS OF DOMESTIC VIOLENCE, OR OTHER LAWSUITS by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 81 MOTION IN LIMINE NO. 7 TO PRECLUDE PLAINTIFF FROM QUESTIONING ANY DEFENDANTS OR OFFICERS CONCERNING WHETHER THEY HAVE ISSUED TICKETS OR STOPPED MOTORISTS FOR TRAFFIC VIOLATIONS SIMILAR TO THOSE ALLEGED AGAINST PLAINTIFF OR SERGEANT RAMAR by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 80 MOTION IN LIMINE NO. 6 TO PRECLUDE QUESTIONING WHETHER ANY DEFENDANT OR OFFICER HAS EVER BEEN CONVICTED OR ARRESTED FOR ANY CRIME OR DETAINED BY A POLICE OFFICER by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 79 MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF PRIOR COMPLAINTS, DISCIPLINE, OR LAWSUITS AGAINST ANY OFFICERS OR THEIR REASONS FOR LEAVING THEIR PREVIOUS EMPLOYMENT by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 78 MOTION IN LIMINE NO. 4 TO PRECLUDE QUESTIONING ABOUT THE STOPPING DISTANCE AND ACCELERATION RATE OF A TOYOTA RAV4 VEHICLE by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 77 MOTION IN LIMINE No. 3 to Exclude Plaintiff's Reconstruction Photographs by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 76 MOTION IN LIMINE Exclude Testimony and Evidence Regarding Plaintiff's Driving Record by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 75 MOTION IN LIMINE to Exclude the Dismissal of Charges Against Plaintiff by Officer Bottoms, Officer Kroutil, Jerry Ramar. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Loebs, Blake) |
Filing 74 MOTION IN LIMINE No. 3 to Exclude testimony Regarding Any Awards, Commendations, or Medals Warded to Any Police Officer by Harvey Holcomb. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Boskovich, Anthony) |
Filing 73 MOTION IN LIMINE No. 2 to Exclude Testimony of Don Cameron or, in the Alternative, for a Daubert Hearing by Harvey Holcomb. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Declaration of Anthony Boskovich, #2 Exhibit A to Declaration of Anthony Boskovich)(Boskovich, Anthony) |
Filing 72 MOTION IN LIMINE to Exclude Prior Arrests and Convictions by Harvey Holcomb. Motion Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Boskovich, Anthony) |
Filing 71 ORDER SETTING OCTOBER 18, 2016 TRIAL DATE, SETTING OCTOBER 11, 2016 TRIAL CONFIRMATION, AND ORDER MODIFYING NOVEMBER 20, 2015 PRE-TRIAL ORDER. (Trial Confirmation Hearing set for 10/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 10/18/2016 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii), signed by District Judge Anthony W. Ishii on 2/11/2016. (Kusamura, W) |
SERVICE BY MAIL: #71 Order served on Dante Foronda. (Kusamura, W) |
Filing 70 STIPULATION and PROPOSED ORDER for Continuing Trial Date by Officer Bottoms, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 69 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Dante Foronda for Officer Bottoms,Dante Foronda for Officer Kroutil,Dante Foronda for Jerry Ramar, attorney Lillian Kae Yoo terminated (Loebs, Blake) |
Filing 68 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: TELEPHONIC TRIAL SETTING CONFERENCE held on 1/4/2016. Parties advised the Court that they have not reached a resolution and are ready to set a trial date. The Court is not avaiable the dates that counsel requested. Parties will confer with their clients and contact the court with new dates. Plaintiffs Counsel Anthony Boskovich Defendants Counsel Blake Loebs (Kusamura, W) |
Filing 67 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: TELEPHONIC STATUS CONFERENCE held on 11/30/2015. Plaintiff's Counsel advised the Court there has been a family emergency and requested the trial be continued; no objection made by Defense Counsel. Trial Confirmation set 1/4/2016, Jury Trial set 1/12/2016, and all dates and orders relating to trial are ORDERED VACATED. Telephonic Status Conference / Trial Setting Hearing set for 1/4/2016, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. After all parties appearing telephonically are on one line, the parties are directed to call Judge Ishii's chambers at (559) 499-5660 at the time of the hearing. Plaintiff's Counsel A. Boskovich telephonically present. Defendants' Counsel B. Loebs telephonically present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
Filing 66 MINUTE ORDER: (Text Entry Only) signed by District Judge Anthony W. Ishii on 11/30/2015; At the request of Counsel, a Telephonic Status Conference is set for TODAY, 11/30/2015, at 03:00 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. After all parties appearing telephonically are on one line, please call Judge Ishii's chambers at (559) 499-5660 at the time of the hearing. The parties will each email a ONE PAGE Memo outlining the dispute to RGaumnitz@caed.uscourts.gov by 2:00pm today.(Gaumnitz, R) |
Filing 65 PRETRIAL ORDER, signed by District Judge Anthony W. Ishii on 11/20/2015. (Motions in Limine Hearing and Trial Confirmation set for 1/4/2016, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 1/12/2016, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) (Gaumnitz, R) |
Filing 64 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Lillian Kae Yoo for Officer Bottoms,Lillian Kae Yoo for Officer Kroutil,Lillian Kae Yoo for Jerry Ramar, attorney Kevin P. McLaughlin terminated (Loebs, Blake) |
Filing 63 MINUTES (Text Only) for proceedings before District Judge Anthony W. Ishii: PRETRIAL CONFERENCE held in chambers and off the record on 11/16/2015, written Pretrial Order to follow. Plaintiff's Counsel Anthony Boskovich present. Defendants' Counsel Blake Loebs present. (Gaumnitz, R) |
Filing 62 PRETRIAL STATEMENT by Defendants Officer Bottoms, Officer Kroutil, Jerry Ramar.(Loebs, Blake) |
Filing 61 MINUTE ORDER: (Text Entry Only) signed by District Judge Anthony W. Ishii on 10/26/2015; Due to the Court's availability, the Pretrial Conference previously set for 11/4/2015, has been CONTINUED to 11/16/2015, at 11:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. The parties' Joint Pretrial Statement is due by 10/28/2015. (Gaumnitz, R) |
Filing 60 ORDER GRANTING, in part, and DENYING, in part, Defendants' motion for summary Judgment, document #51 , as follows: Plaintiff's 42 U.S.C. 12132 claims are DISMISSED; Defendants' motion for summary judgment with respect to Plaintiff's 42 U.S.C. 1983 false arrest claims against Officers Kroutil and Bottoms is GRANTED; and Defendants' motion for summary judgment is otherwise DENIED. Order signed by District Judge Anthony W. Ishii on 10/20/2015. (Rooney, M) |
Filing 59 ORDER DISMISSING Defendants Officer Ciccarelli, the City of Modesto and Plaintiff's Second Claim for Relief signed by District Judge Anthony W. Ishii on 10/7/2015. (Jessen, A) |
Filing 58 STIPULATION and PROPOSED ORDER for Dismissal of Defendants Officer Ciccarelli and City of Modesto by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
ACKNOWLEDGEMENT OF RECEIPT of Exhibit A CD from Defendants. Forwarded to Chambers. (Flores, E) |
Filing 57 MINUTE ORDER: (Text Entry Only) The hearing set 9/21/2015 on the pending #51 Motion for Summary Judgment is ORDERED VACATED; the matter is submitted for decision on the papers pursuant to Local Rule 230(g). Minute Order signed by District Judge Anthony W. Ishii on 9/17/2015. (Gaumnitz, R) |
Filing 56 REPLY by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar to RESPONSE to #51 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration (Supplemental) Blake P. Loebs)(Loebs, Blake) |
Filing 55 OPPOSITION by Harvey Holcomb to #51 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Separate Statement and Response re Undisputed Facts, #2 Declaration of Anthony Boskovich, #3 Exhibit A to Declaration of Anthony Boskovich, #4 Exhibit B to Declaration of Anthony Boskovich, #5 Exhibit C to Declaration of Anthony Boskovich, #6 Exhibit D to Declaration of Anthony Boskovich, #7 Exhibit E to Declaration of Anthony Boskovich, #8 Exhibit F to Declaration of Anthony Boskovich, #9 Declaration of Harvey Holcomb)(Boskovich, Anthony) |
Filing 54 ORDER on #52 #53 Stipulations, signed by District Judge Anthony W. Ishii on 8/28/2015. (IT IS HEREBY ORDERED that; 1. The parties stipulation to bifurcate discovery and trial of Plaintiffs Monell claim (Doc. No. 52) is DENIED; 2. The parties stipulation to extend expert discovery deadlines (Doc. No. 53) is GRANTED; and 3. The expert discovery deadlines are modified as follows: a. Deadline for Designation of Experts with Reports is October 30, 2015; b. Deadline for Designation of Rebuttal Experts with Reports is November 13, 2015; and c. Expert Discovery Cuttoff is December 11, 2015.)(Gaumnitz, R) |
Filing 53 STIPULATION and PROPOSED ORDER for to Extend Expert Discovery Deadlines by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (McLaughlin, Kevin) |
Filing 52 STIPULATION and PROPOSED ORDER for to Bifurcate Discovery and Trial on Plaintiff's Monell Claim by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (McLaughlin, Kevin) |
Filing 51 MOTION for SUMMARY JUDGMENT by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. Motion Hearing set for 9/21/2015 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Statement of Undisputed Facts, #2 Declaration Blake P. Loebs, #3 Declaration Joseph Bottoms, #4 Declaration Thomas Ciccarelli, #5 Declaration Jen Diaz, #6 Declaration Pamela Gallagher, #7 Declaration Jerry Ramar, #8 Declaration Benjamin Kroutil, #9 Notice of Lodging Exhibit A to Declaration of Benjamin Kroutil, #10 Proposed Order)(Loebs, Blake) |
Filing 50 STIPULATION to have discovery dispute resolved informally by Magistrate Oberto by Harvey Holcomb. (Attachments: #1 Exhibit A, #2 Exhibit B)(Boskovich, Anthony) |
Filing 49 ORDER EXTENDING Discovery Deadlines. The discovery schedule is modified as follows: Designation of Expert Reports due by 9/4/2015. Designation of Rebuttal Experts with Reports due by 9/18/2015. Expert Discovery Cutoff 10/2/2015. Non-Dispositive Motion filing deadline 8/24/2015. Non-Dispositive Motion Hearing deadline 9/23/2015. All other dates remain as set. Order signed by Magistrate Judge Sheila K. Oberto on 8/10/2015. (Timken, A) |
Filing 48 MINUTE ORDER: ***TEXT ENTRY ONLY*** The parties have contacted the Court and requested an informal telephonic discovery dispute conference. The parties must first meet and confer and narrow the scope of the dispute. Once the parties have met and conferred, and providing the parties file a stipulation indicating agreement to have the dispute heard informally and to be bound by the Court's ruling, they shall each provide the Court a 2-3 page summary of the dispute. The briefs do not need to be filed, however, they do need to be served on opposing counsel. Once the Court receives and reviews the parties' summaries the Court will set the matter for an informal telephonic discovery dispute conference. Minute order signed by Magistrate Judge Sheila K. Oberto on 8/7/2015. (Timken, A) |
Filing 47 STIPULATION and ORDER for DISMISSAL of Defendants Officer Cox and J. Chandler signed by District Judge Anthony W. Ishii on 8/5/2015. (Sant Agata, S) |
Filing 46 STIPULATION and PROPOSED ORDER for Extending Expert Discovery Deadlines by Harvey Holcomb. (Boskovich, Anthony) |
Filing 45 STIPULATION and PROPOSED ORDER for Dismissal of Defendants Officer Cox and J. Chandler by Harvey Holcomb. (Boskovich, Anthony) |
Filing 44 STIPULATION and ORDER EXTENDING Discovery Cut-Off. Non-Expert Discovery Deadline: 8/15/2015. Expert Disclosures: 8/15/2015. Rebuttal-Supplemental Expert Disclosures: 8/28/2015. Expert Discovery Deadline: 9/11/2015. Non-Dispositive Motions shall be filed by 8/12/2015. Non-Dispositive Motion Hearing Deadline: 9/9/2015. Dispositive Motions shall be filed by 8/17/2015. Dispositive Motion Hearing Deadline: 9/21/2015. The Pretrial Conference date of 11/4/2015, and the Trial date of 1/12/2016, remain unchanged. Order signed by Magistrate Judge Sheila K. Oberto on 6/30/2015. (Timken, A) |
Filing 43 MINUTES (Text Only) for proceedings before Magistrate Judge Sheila K. Oberto: TELEPHONIC CONFERENCE re Stipulation to Extend Discovery held on 6/30/2015, in chambers and off the record. The parties' stipulation to extend discovery was discussed. The Court to issue written order pursuant to the dates agreed to by the parties. Plaintiff's Counsel Anthony Boskovich present. Defendants' Counsel Blake Loebs present. Court Reporter/CD Number: In Chambers. (Timken, A) |
Filing 42 STIPULATION and PROPOSED ORDER for Extending Discovery Deadline by Harvey Holcomb. (Boskovich, Anthony) |
Filing 41 STIPULATION and ORDER for CONTINUANCE OF DISCOVERY CUT-OFF AND EXPERT DISCLOSURE. The scheduled is modified as follows: Non-Expert Discovery deadline reset to 7/1/2015; Expert Disclosure deadline reset to 7/13/2015; Rebuttal Expert Disclosure deadline reset to 7/24/2015. No other scheduling deadlines are modified. Order signed by Magistrate Judge Sheila K. Oberto on 5/14/2015. (Timken, A) |
Filing 40 STIPULATION and PROPOSED ORDER for Brief Continuance of Discovery Cut-Off and Expert Disclosure Only by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (Loebs, Blake) |
Filing 39 ORDER on Amended Stipulation for Protection Order. The Court adopts the Stipulation of the parties as an Order of the Court. Order signed by Magistrate Judge Sheila K. Oberto on 3/3/2015. (Timken, A) |
Filing 38 STIPULATION and ORDER Amending Scheduling Order, signed by District Judge Anthony W. Ishii on 3/2/2015. (The Scheduling Order shall be amended as follows; Fact discovery cutoff date is 6/12/2015; Disclosure of expert witnesses is 6/26/2015; Disclosure of supplemental expert witnesses is 7/10/2015; Expert discovery cutoff date is 8/7/2015; Last day for non-dispositive motions to be filed is 7/31/2015; Last day for dispositive motions to be heard is 9/7/2015; Pretrial Conference set for 11/4/2015, at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 1/12/2016, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) (Gaumnitz, R) Modified (corrected trial date) on 3/5/2015 (Gaumnitz, R). |
Filing 37 ANSWER by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar.(McLaughlin, Kevin) |
Filing 36 STIPULATION Allowing Defendants to File an Amended Answer to Complaint by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (Attachments: #1 Exhibit A)(McLaughlin, Kevin) |
Filing 35 STIPULATION and PROPOSED ORDER for Amending Scheduling Order by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (McLaughlin, Kevin) |
Filing 34 STIPULATION and PROPOSED ORDER for (Amended) Protective Order by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (McLaughlin, Kevin) |
Filing 33 ORDER DENYING Without Prejudice Stipulated Protective Order #32 . Order signed by Magistrate Judge Sheila K. Oberto on 2/25/2015. (Timken, A) |
Filing 32 STIPULATION and PROPOSED ORDER for Protective Order by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. Attorney McLaughlin, Kevin P. added. (McLaughlin, Kevin) |
Filing 31 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Blake Phillip Loebs for Officer Bottoms,Blake Phillip Loebs for J. Chandler,Blake Phillip Loebs for Officer Ciccarelli,Blake Phillip Loebs for City of Modesto,Blake Phillip Loebs for Officer Cox,Blake Phillip Loebs for Officer Kroutil,Blake Phillip Loebs for Jerry Ramar, attorney Kevin E. Gilbert terminated (Loebs, Blake) |
Filing 30 STIPULATION and ORDER Amending Scheduling Order, signed by District Judge Anthony W. Ishii on 10/21/2014. (The Scheduling Order shall be amended as follows; Fact discovery cutoff date is 3/13/2015; Disclosure of expert witnesses is 3/27/2015; Disclosure of supplemental expert witnesses is 4/10/2015; Expert discovery cutoff date is 4/24/2015; Last day for non-dispositive motions to be filed is 5/1/2015; Last day for dispositive motions to be heard is 6/8/2015; Pretrial Conference set for 7/29/2015 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 9/22/2015 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.)(Gaumnitz, R) |
Filing 29 STIPULATION and PROPOSED ORDER for Amending Scheduling Order by Harvey Holcomb. (Boskovich, Anthony) |
Filing 28 NOTICE of APPEARANCE by Kevin P. McLaughlin on behalf of Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Kroutil, Jerry Ramar. Attorney McLaughlin, Kevin P. added. (McLaughlin, Kevin) |
Filing 27 ORDER VACATING Settlement Conference. Signed by Magistrate Judge Stanley A. Boone on 8/29/2014. (Hernandez, M) |
Filing 26 MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to the 12/16/2013 Scheduling Order issued by Magistrate Judge Sheila K. Oberto, the parties were to submit confidential settlement conference statements (5) court days prior to the conference pursuant to Local Rule 270(d). Plaintiff has failed to timely submit their statement and shall submit by 2:00 p.m. on August 29, 2014. Otherwise, the Court will take the matter off calendar should counsel fail to submit. Signed by Magistrate Judge Stanley A. Boone on 8/29/2014. (Hernandez, M) |
Filing 25 NOTICE of Submission of Defendants' Confidential Settlement Conference Statement by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (Gilbert, Kevin) |
Filing 24 ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Sheila K. Oberto on 4/29/2014. Added attorney Kevin E. Gilbert and Adam Uriah Lindgren for Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. Attorney James Francis Wilson terminated. (Jessen, A) |
Filing 23 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar. (Gilbert, Kevin) |
Filing 22 SCHEDULING ORDER : Discovery Deadlines: Initial Disclosures: January 4, 2014; Non Expert Discovery: August 15, 2014; Expert Disclosure: June 20, 2014; Supplemental Expert Disclosures: July 18, 2014; Expert Discovery: September 12, 2014. Non-Dispositive Motions shall be filed by 9/15/2014. Dispositive Motions shall filed by 10/27/2014. Settlement Conference set for 9/4/2014, at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Pretrial Conference set for 1/28/2015, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial (3-5 day estimate) set for 3/24/2015, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 12/16/2013. (Timken, A) |
Filing 21 MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: TELEPHONIC SCHEDULING CONFERENCE held on 12/12/2013, in chambers and off the record. Plaintiff's Counsel Anthony Boskovich, telephonically present. Defendants' Counsel James Wilson, telephonically present. Court Reporter/CD Number: In Chambers. (Timken, A) |
Filing 20 STATEMENT of Joint Scheduling Conference Statement by Defendants Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto, Officer Cox, Officer Kroutil, Jerry Ramar, Plaintiff Harvey Holcomb. Attorney Wilson, James Francis added. (Wilson, James) |
Filing 19 MINUTE ORDER: ***TEXT ENTRY ONLY*** (TIME CHANGE ONLY): The Scheduling Conference currently set for 12/12/2013, at 09:45 AM will be heard at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Telephonic appearances are approved. Counsel shall coordinate with each other one conference call to the Court at (559) 499-5790 at the appointed time. Minute order signed by Magistrate Judge Sheila K. Oberto on 12/3/2013. (Timken, A) |
Filing 18 ANSWER by City of Modesto.(Wilson, James) |
Filing 17 ORDER on #9 Motion to Dismiss signed by District Judge Anthony W. Ishii on 11/1/2013. (Amended Complaint due by 11/18/2013).(Lundstrom, T) |
Filing 16 ORDER vacating hearing of September 30, 2013 and taking matter under submission signed by District Judge Anthony W. Ishii on 9/26/13. (Nazaroff, H) |
Filing 15 REPLY by City of Modesto re #14 Opposition to Motion. (Wilson, James) |
Filing 14 OPPOSITION by Harvey Holcomb to #9 MOTION to DISMISS. (Boskovich, Anthony) |
Filing 13 WAIVER of SERVICE RETURNED EXECUTED: Officer Bottoms Waiver sent on 8/1/2013, answer due 9/30/2013. (Boskovich, Anthony) |
Filing 12 WAIVER of SERVICE RETURNED EXECUTED: Officer Ciccarelli Waiver sent on 8/1/2013, answer due 9/30/2013. (Boskovich, Anthony) |
Filing 11 WAIVER of SERVICE RETURNED EXECUTED: Officer Cox Waiver sent on 8/1/2013, answer due 9/30/2013. (Boskovich, Anthony) |
Filing 10 WAIVER of SERVICE RETURNED EXECUTED: Jerry Ramar Waiver sent on 8/1/2013, answer due 9/30/2013. (Boskovich, Anthony) |
Filing 9 MOTION to DISMISS by City of Modesto. Attorney Wilson, James Francis added. Motion Hearing set for 9/30/2013 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Wilson, James) |
Filing 8 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 12/12/2013 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Consent Form, #2 VDRP) (Jessen, A) |
Filing 7 SUMMONS ISSUED as to *Officer Cox, Officer Kroutil, Jerry Ramar, Richard Roe* with answer to complaint due within *21* days. Attorney *Anthony Martin Boskovich* *Law Offices of Anthony Boskovich* *28 N. First Street, 6th Floor* *San Jose, CA 95113-1210*. (Jessen, A) |
Filing 6 SUMMONS ISSUED as to *Officer Bottoms, J. Chandler, Officer Ciccarelli, City of Modesto* with answer to complaint due within *21* days. Attorney *Anthony Martin Boskovich* *Law Offices of Anthony Boskovich* *28 N. First Street, 6th Floor* *San Jose, CA 95113-1210*. (Jessen, A) |
Filing 5 ORDER granting #2 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 7/19/2013. (Lundstrom, T) |
APPLICATION TO PROCEED IFP filed - Action Required. (Jessen, A) |
Filing 4 CIVIL COVER SHEET by Harvey Holcomb (Boskovich, Anthony) |
Filing 3 CLERK'S NOTICE to Attorney Anthony Martin Boskovich: Under Local Rule 3-200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Gonzalez, R) |
Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Harvey Holcomb. (Boskovich, Anthony) |
Filing 1 COMPLAINT against All Defendants by Harvey Holcomb. Attorney Boskovich, Anthony Martin added.(Boskovich, Anthony) |
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