Elkins et al v. California Highway Patrol et al

Justia Dockets & Filings Ninth Circuit California Eastern District Elkins et al v. California Highway Patrol et al

Elkins et al v. California Highway Patrol et al

Plaintiff:	The Estate of Cecil Elkins. Jr., Creasha Elkins, Devin Elkins, Cecil Elkins, Tina Terrel, Valiecia Perez and Dylan Elkins
Defendant:	California Highway Patrol, County of Tulare, Tulare County Sheriff's Department, Tulare County Regional Gang Enforcement Team and City of Pixley
Case Number:	1:2013cv01483
Filed:	September 12, 2013
Court:	US District Court for the Eastern District of California
Office:	Fresno Office
County:	Tulare
Presiding Judge:	Stanley A. Boone
Presiding Judge:	Anthony W. Ishii
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 13, 2022	Filing 326 ORDER and RECEIPT FOR TRIAL EXHIBITS, signed by District Judge Anthony W. Ishii on 6/10/2022. (Apodaca, P)
May 23, 2022	Filing 307 ORDER ON PLAINTIFFS' MOTION FOR RECONSIDERATION signed by District Judge Anthony W. Ishii on 5/23/2022. IT IS HEREBY ORDERED that Plaintiffs' trial brief/motion for reconsideration (Doc. No. 296 ) is DENIED. (Gonzales, V)
April 15, 2022	Filing 283 ORDER REGARDING ADDITIONAL PHASING OF TRIAL signed by District Judge Anthony W. Ishii on 4/15/2022. IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 42(b), this case shall be "trifurcated" and proceed in the following three phases: (1) liability and punitive liability; (2) damages; and (3) punitive damages. (Gonzales, V)
April 14, 2022	Filing 282 ORDER ON THE PARTIES MOTIONS IN LIMINE signed by District Judge Anthony W. Ishii on 4/14/2022. IT IS HEREBY ORDERED Plaintiffs' motions in limine (Doc. Nos. 155 , 156 , 157 , 158 , 159 , and 248 ) are GRANTED IN PART and DENIED IN PART as set forth. Defendant' motions in limine (Doc. Nos. 146 , 147 , 148 , 149 , 151 , 152 , and 153 ) are GRANTED IN PART and DENIED IN PART as set forth. (Gonzales, V)
April 13, 2022	Filing 281 ORDER REGARDING STANDING OF CERTAIN PLAINTIFFS signed by District Judge Anthony W. Ishii on 4/13/2022. IT IS HEREBY ORDERED the state law wrongful death claims of Plaintiffs Tina Terrel and Valiecia Perez are DISMISSED; and2. Plaintiff Dylan Elkins does not have standing to pursue state long wrongful death claims under Cal. Code of Civ. P. §§ 377.60(b) or (c). (Gonzales, V)
March 24, 2022	Filing 279 AMENDED PRETRIAL ORDER signed by District Judge Anthony W. Ishii on 03/24/2022. Trial Confirmation Hearing set for 4/29/2022 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 5/24/2022 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.(Flores, E)
January 13, 2022	Filing 247 ORDER SETTING ADDITIONAL DEADLINES signed by District Judge Anthony W. Ishii on 1/12/2022. (Gonzales, V)
December 6, 2021	Filing 244 STIPULATION TO CONTINUE INFORMAL STATUS CONFERENCE HEARING; ORDER Good cause existing, and upon the stipulation of the parties, the Court hereby vacates the informal status conference scheduled for Monday, December 6, 2021, and orders a new informal status conference to be set for Monday, December 13, 2021, at 2:00 p.m. in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzales, V)
May 21, 2020	Filing 230 ORDER ON DEFENDANT'S MOTION TO DISMISS signed by District Judge Anthony W. Ishii on 5/21/2020. IT IS HEREBY ORDERED the Defendant's Rule 12(h)(3) motion to dismiss the second through fifth causes of action (Doc. No. 209 ) is DENIED. The parties are ordered to meet and confer regarding any further outstanding issues and the best way to proceed forward with this case. Within fourteen days (14) of service of this order, the parties will e-mail the Courtroom Deputy Victoria Gonzales at VGonzales@caed.uscourts.gov with at least three dates that the parties are available for a telephonic status conference, in which the status of the case and potential trial dates will be discussed. (Gonzales, V)
February 28, 2020	Filing 229 ORDER DENYING 203 Plaintiffs' Motion to Disqualify Defense Counsel and Motion to Remove Timothy Bragg as Guardian Ad Litem. IT IS HEREBY ORDERED that: Plaintiffs motion to disqualify defense counsel is DENIED; Plaintiffs motion to remove Timot hy Bragg as guardian ad litem for Dylan Elkins and Devin Elkins is DENIED; and Timothy Bragg shall refrain from any communication with defense counsel unless so authorized by Plaintiffs counsel. Signed by Magistrate Judge Stanley A. Boone on 2/28/2020. (Hernandez, M)
February 19, 2020	Filing 225 ORDER REQUIRING TIMOTHY BRAGG TO APPEAR AT FEBRUARY 26, 2020 HEARING. IT IS HEREBY ORDERED that: Guardian ad litem Timothy Bragg shall appear on February 26, 2020, at 10:00a.m. in Courtroom 9; and Plaintiffs counsel shall serve a copy of this order on Mr. Bragg and file proof of service by February 21, 2020.Signed by Magistrate Judge Stanley A. Boone on 2/19/2020. (Hernandez, M)
February 7, 2020	Filing 219 ORDER REFERRING PLAINTIFFS' PENDING MOTIONS TO MAGISTRATE JUDGE STANLEY A. BOONE FOR RESOLUTION signed by District Judge Anthony W. Ishii on 02/07/2020. Accordingly, it is HEREBY ORDERED that Plaintiffs' pending motions to dismiss/disquali fy (Doc. Nos. 203, 204) is REFERRED to Magistrate Judge Stanley A. Boone for resolution. The February 24, 2020 hearing on Plaintiffs' motions is VACATED. If Magistrate Judge Boone desires a hearing on the pending motions, his chambers will set an appropriate hearing date. (Gonzales, V)
January 9, 2020	Filing 211 ORDER REGARDING STIPULATION TO CONTINUE HEARING DATES, signed by District Judge Anthony W. Ishii on 1/9/2020. IT IS HEREBY ORDERED that: The January 27, 2020, hearing date on Plaintiffs' motion to disqualify (Doc. No. 203 ) and motion to dismis s (Doc. No. 204 ) is VACATED; the February 10, 2020, hearing date on Defendant's motion to dismiss (Doc. No. 209 ) is VACATED. Motion Hearing on the three pending motions (Doc. Nos. 203 204 209 ) is RESET for 2/24/2020 at 01:30 PM in C ourtroom 2 (AWI) before District Judge Anthony W. Ishii. Oppositions to Plaintiffs' motions shall be filed on or before 3:00 p.m. on January 21, 2020; replies to Defendant's oppositions to Plaintiffs' pending motions shall be filed on or before 3:00 p.m. on January 30, 2020. The briefing schedule for Defendants motion shall remain in accordance with Local Rules 230(c) and 230(d). (Apodaca, P)
November 20, 2019	Filing 208 STIPULATION AND PROPOSED ORDER TO CHANGE THE BRIEFING SCHEDULE AND HEARING DATES OF ECF 203 AND 204 signed by District Judge Anthony W. Ishii on 11/19/2019. The Court orders the following amended schedule for ECF Nos. 203 and 204: Oppositions to the pending motions shall be due on or before January 13, 2020. Replies shall be due on or before January 21, 2020. The Motion to Disqualify Defense 203 , and Motion to Dismiss Guardian Ad Litem 204 hearing set for 12/16/2019 at 1:30 PM, is RESET for 1/27/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzales, V)
November 18, 2019	Filing 205 ORDER DENYING DEFENDANTS' REQUEST FOR A SETTLEMENT CONFERENCE WITHOUT PREJUDICE. Signed by Magistrate Judge Stanley A. Boone on 11/18/2019. (Hernandez, M)
September 16, 2019	Filing 199 STIPULATED ORDER DISMISSING THE CLAIMS OF CECIL ELKINS, SR., WITH PREJUDICE signed by District Judge Anthony W. Ishii on 09/16/2019. (Gonzales, V)
June 19, 2019	Filing 196 JOINT STIPULATION AND ORDER TO CONTINUE MOTION FILING DEADLINE signed by District Judge Anthony W. Ishii on 06/18/2019. PER STIPULATION OF COUNSEL, IT IS HEREBY ORDERED that the deadline for Plaintiffs to file: Appropriate dismissal papers/a dismissal motion regarding the claims of Cecil Elkins, Sr. shall be CONTINUED from June 14, 2019 to July 19, 2019.(Gonzales, V)
June 7, 2019	Filing 193 ORDER APPOINTING Timothy Bragg as Guardian Ad Litem for Minors Devin Elkins and Dylan Elkins, signed by Magistrate Judge Stanley A. Boone on 6/6/19. (Marrujo, C)
June 4, 2019	Filing 190 ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS 164 signed by District Judge Anthony W. Ishii on 06/04/2019. IT IS HEREBY ORDERED that Defendant's motion regarding Plaintiffs' first cause of action (Doc. No. 164) is GRANTED in part and DEN IED in part. The Court REAFFIRMS its summary judgment determination regarding Plaintiffs' claim for negligent tactics wrongful death. Plaintiffs are PRECLUDED from pursuing a claim for negligent tactics wrongful death; but may pursue a wrongful death claim based on assault, battery, and Cal. Civ. Code § 52.1. Once a guardian ad litem has been appointed for the two minor Plaintiffs, the Court will set a telephonic status conference in order to discuss the setting of a new motions in limine hearing/trial confirmation date and trial date. (Gonzales, V)
May 13, 2019	Filing 189 JOINT STIPULATION AND ORDER TO CONTINUE MOTION FILING DEADLINE signed by District Judge Anthony W. Ishii on 05/13/2019. PER STIPULATION OF COUNSEL, IT IS HEREBY ORDERED that the deadline for Plaintiffs to file: Appropriate dismissal papers/a dismissal motion regarding the claims of Cecil Elkins, Sr.; and a motion to appoint a new guardian ad litem for minor-Plaintiffs Devin Elkins and Dylan Elkins shall be CONTINUED from May 17, 2019 to June 14, 2019. (Gonzales,V)
May 3, 2019	Filing 186 ORDER REGARDING MOTION TO DISQUALIFY AND MOTION TO SUBSTITUTE (Doc. Nos. 167 , 178 ) signed by District Judge Anthony W. Ishii on 05/02/2019. IT IS HEREBY ORDERED: Plaintiff's motion to substitute 168 is DENIED as WITHDRAWN. Defendant's motion to disqualify Dennis Elkins from serving as the guardian ad litem for minor-Plaintiffs Devin Elkins and Dylan Elkins 178 is GRANTED as unopposed. Dennis Elkins is REMOVED as the guardian ad litem for minor-Plaintiffs Devin Elkins and Dylan Elkins. Within fourteen (14) days of service of this order, Plaintiffs shall file: Appropriate dismissal papers/a dismissal motion regarding the claims of Cecil Elkins, Sr.; and a motion to appoint a new guardian ad litem for minor-Plaintiffs Devin Elkins and Dylan Elkins. (Gonzales, V)
April 3, 2019	Filing 181 ORDER Regarding Substitution of Valiecia Perez as Real Party in Interest, signed by District Judge Anthony W. Ishii on 4/1/19. (Marrujo, C)
April 2, 2019	Filing 180 ORDER REGARDING MOTIONS AND APRIL HEARING DATES signed by District Judge Anthony W. Ishii on 04/02/2019. IT IS HEREBY ORDERED the April 8, 2019, status conference is VACATED. The May 15, 2019 hearing on the motion for reconsidera tion is VACATED. Defendant's motion for reconsideration shall be considered a motion to disqualify the guardian ad litem. On or by April 15, 2019, Plaintiffs shall file either an opposition or notice of non-opposition with respect to the motion for judgment on the pleadings. On or by April 2, 2019, Defendant shall file a reply to the Plaintiff's opposition. On or by April 22, 2019, Plaintiffs shall file an opposition or notice of non-opposition with respect to the motion to disq ualify the guardian ad litem. On or by April May 2, 2019, Defendant shall file a reply to Plaintiffs' opposition. On or by April 29, 2019, Plaintiff shall file a reply to Defendant's opposition to the motion to substitute. The hearing on th e motion to substitute, the motion to disqualify, and the motion for judgment on the pleadings will be on 5/13/2019, at 1:30 p.m. in Courtroom 2. The parties shall meet and confer regarding the issues raised in the above matters and shall inform the Court as soon as possible (but before May 13, 2019) if any agreements or stipulations have been made. Motion Hearing set for 5/13/2019 at 01:30 PM in Courtroom 2 (AWI) before Senior District Judge Anthony W. Ishii. (Gonzales, V)
March 25, 2019	Filing 176 ORDER Directing Clerk of Court to Terminate Micah Charles Osgood as Counsel for Defendant Pelayo 175 , signed by Magistrate Judge Stanley A. Boone on 3/22/2019: Defendant Pelayo remains represented by Robert S.J. Rogoyski. (Hellings, J)
March 18, 2019	Filing 174 REQUEST TO CONSOLIDATE HEARINGS ON NOTICED MOTIONS AND ORDER signed by District Judge Anthony W. Ishii on 3/18/2019. Good cause appearing, defendants request is GRANTED. The hearings on the pending motions to substitute (ECF 167, 168) will be consolidated to April 15, 2019, at 1:30 PM in Courtroom No. 2. (Gonzales, V)
March 13, 2019	Filing 172 ORDER Granting Petition for Appointment of Dennis Elkins as Guardian Ad Litem for Minor Plaintiff Dylan Elkins signed by Magistrate Judge Stanley A. Boone on 03/13/2019. (Flores, E)
July 7, 2016	Filing 126 ORDER granting 103 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 7/6/2016. CASE CLOSED. (Lundstrom, T)
June 29, 2016	Filing 124 ORDER LIFTING STAY, signed by District Judge Anthony W. Ishii on 6/29/2016. (Kusamura, W)
June 28, 2016	Filing 122 ORDER GRANTING Tina Terrel's Petition for Appointment as Guardian Ad Litem for Valiecia Perez re 120 , signed by Magistrate Judge Stanley A. Boone on 6/28/16. (Marrujo, C)
June 23, 2016	Filing 117 ORDER REQUIRING MINOR PLAINTIFFS TO COMPLY WITH RULE 17 OF THE FEDERAL RULES OF CIVIL PROCEDURE. FIVE DAY DEADLINE. Signed by Magistrate Judge Stanley A. Boone on 6/23/2016. (Hernandez, M)
June 7, 2016	Filing 116 ORDER DENYING PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM WITHOUT PREJUDICE, signed by Magistrate Judge Stanley A. Boone on 6/7/2016. (Kusamura, W)
May 18, 2016	Filing 112 ORDER for Status Report, signed by District Judge Anthony W. Ishii on 5/18/16: Seven (7) Day Deadline. (Hellings, J)
April 12, 2016	Filing 111 ORDER STAYING AND MODIFYING SCHEDULING ORDER AND VACATING PRE-TRIAL AND TRIAL DATES, signed by District Judge Anthony W. Ishii on 4/12/2016. (Kusamura, W)
March 28, 2016	Filing 108 ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 3/28/2016. (Timken, A)
March 24, 2016	Filing 107 ORDER clarifying Docket and dismissing Parties signed by District Judge Anthony W. Ishii on 3/24/2016. State of California County of Tulare, City of Pixley and Tulare County Regional Gang Enforcement Team are dismissed from this case. (Lundstrom, T)
December 30, 2015	Filing 100 ORDER RE STIPUALTION FOR SUBPOENA FOR RECORDS TO TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY. Signed by Magistrate Judge Stanley A. Boone on 12/29/2015. (Hernandez, M)
December 3, 2015	Filing 95 ORDER VACATING INFORMAL TELECONFERENCE AND ADDRESSING INFORMAL DISCOVERY DISPUTE. ORDER GRANTING PLAINTIFF'S REQUEST TO AMEND SCHEDULING ORDER. Signed by Magistrate Judge Stanley A. Boone on 12/3/2015. (Hernandez, M)
November 25, 2015	Filing 88 ORDER Re Informal Discovery Dispute. Signed by Magistrate Judge Stanley A. Boone on 11/25/2015. (Hernandez, M)
November 3, 2015	Filing 82 ORDER Re Informal Discovery Dispute. Signed by Magistrate Judge Stanley A. Boone on 11/3/2015. (Hernandez, M)
October 29, 2015	Filing 79 ORDER on STIPULATION for PROTECTIVE ORDER, signed by Magistrate Judge Stanley A. Boone on 10/29/2015. (Kusamura, W)
April 28, 2015	Filing 71 ORDER On STIPULATION For Leave To File Fourth Amended Complaint And To Continue Scheduling Conference, signed by Magistrate Judge Stanley A. Boone on 4/28/2015. (Scheduling Conference set for 6/15/2015 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone)(Fahrney, E)
March 20, 2015	Filing 65 ORDER Adopting 64 FINDINGS AND RECOMMENDATIONS, signed by District Judge Anthony W. Ishii on 3/19/2015. (It is HEREBY ORDERED that: 1. The March 4, 2015 findings and recommendations is ADOPTED IN FULL; 2. Defendants 54 motion to dismiss is GRAN TED; 3. Plaintiffs second amended complaint is DISMISSED, with leave to amend; 4. Plaintiff shall file a third amended complaint within fourteen (14) days of the date of service of this order; and 5. Failure to file an amended complaint in compliance with this order will result in dismissal of this action.)(Gaumnitz, R)
March 4, 2015	Filing 64 FINDINGS and RECOMMENDATIONS recommending that Defendant's 54 MOTION to DISMISS be granted. The matter is referred to Judge Ishii. Objections due within 14 days. Signed by Magistrate Judge Stanley A. Boone on 3/4/2015. (Hernandez, M)
November 3, 2014	Filing 49 ORDER ADDOPTING 46 FINDINGS AND RECOMMENDATIONS, signed by District Judge Anthony W. Ishii on 11/3/2014. (It is HEREBY ORDERED that: 1. The October 1, 2014 46 Findings and Recommendations are ADOPTED IN FULL; 2. Defendant's 41 motion to dismiss is PARTIALLY GRANTED; and 3. Plaintiffs First Amended Complaint is DISMISSED, with leave to amend.)(Gaumnitz, R)
October 1, 2014	Filing 46 FINDINGS and RECOMMENDATIONS recommending that 41 DEFENDANT'S MOTION to DISMISS be partially GRANTED. Objections due within 14 days. The matter is referred to Judge Ishii. Signed by Magistrate Judge Stanley A. Boone on 10/1/2014. (Hernandez, M)
July 8, 2014	Filing 42 ORDER Referring Pending Motion to Dismiss 41 to Magistrate Judge Stanley A. Boone; ORDER Vacating September 29, 2014 Hearing, signed by District Judge Anthony W. Ishii on 7/7/14. (Verduzco, M)
May 22, 2014	Filing 40 ORDER on Stipulation of Dismissal of Defendants County of Tulare and Tulare County Sheriff's Department, signed by District Judge Anthony W. Ishii on 5/21/14: Said parties are DISMISSED without prejudice, the parties to bear their respective costs, including any possible attorney fees or other expenses of litigation. (Hellings, J)
May 5, 2014	Filing 34 ORDER on Stipulation to shorten time to notice Motion for leave to file first amended complaint and motion to amend. The motion to shorten time is granted. Plaintiff's shall file the first amended complaint within 7 days. Signed by Magistrate Judge Stanley A. Boone on 5/5/2014. (Hernandez, M)
March 17, 2014	Filing 31 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Stanley A. Boone on 3/17/2014. (Hernandez, M)
December 18, 2013	Filing 25 ORDER Adopting Findings and Recommendations 20 , signed by District Judge Anthony W. Ishii on 12/17/13. California Highway Patrol terminated. (Verduzco, M)
December 17, 2013	Filing 24 ORDER re: Joint Scheduling Report, signed by Magistrate Judge Stanley A. Boone on 12/17/2013. (Kusamura, W)
November 18, 2013	Filing 20 FINDINGS and RECOMMENDATIONS recommending that 10 DEFENDANT'S MOTION to DISMISS be referred to Judge Ishii. Objections due within 14 days. It is hereby ordered that the hearing scheduled for 11/20/2013 is VACATED. Signed by Magistrate Judge Stanley A. Boone on 11/18/2013. (Hernandez, M)
November 12, 2013	Filing 17 ORDER for further briefing - It is hereby ordered that the parties shall file simultaneous briefing in accordance with this order on or before Monday, November 18, 2013. Signed by Magistrate Judge Stanley A. Boone on 11/12/2013. (Hernandez, M)

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Search for this case: Elkins et al v. California Highway Patrol et al
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Plaintiff: The Estate of Cecil Elkins. Jr.
Represented By:	Nichelle Denine Jones
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Plaintiff: Creasha Elkins
Represented By:	Nichelle Denine Jones
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Plaintiff: Devin Elkins
Represented By:	Nichelle Denine Jones
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Plaintiff: Cecil Elkins
Represented By:	Nichelle Denine Jones
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Plaintiff: Tina Terrel
Represented By:	Nichelle Denine Jones
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Plaintiff: Valiecia Perez
Represented By:	Nichelle Denine Jones
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Plaintiff: Dylan Elkins
Represented By:	Nichelle Denine Jones
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Defendant: California Highway Patrol
Represented By:	Neli Nima Palma
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Defendant: County of Tulare
Represented By:	Judith Diane Chapman
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Defendant: Tulare County Sheriff's Department
Represented By:	Judith Diane Chapman
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Defendant: Tulare County Regional Gang Enforcement Team
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Defendant: City of Pixley
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