K.E.C. v. County of Kern, et al.
| K.E.C. |
| County of Kern, Jason Ayala and Joshua Bathe |
| 1:2014cv01099 |
| July 14, 2014 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Kern |
| Dale A Drozd |
| Jennifer L Thurston |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2020. A more recent docket listing may be available from PACER.
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Filing 150
USCA MANDATE as to #137 Notice of Appeal filed by K.E.C.. The judgment of this Court, entered December 18, 2019, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Orozco, A)
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Filing 149
USCA ORDER as to #137 Notice of Appeal filed by K.E.C.. Appellant's petition for rehearing en banc is DENIED. (Orozco, A)
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Filing 148
USCA MEMORANDUM as to #137 Notice of Appeal filed by K.E.C. The decision of the District Court is AFFIRMED. (Orozco, A)
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Filing 147
COSTS TAXED in amount of $0 against Plaintiff. (Flores, E)
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Filing 146
TRANSCRIPT of Proceedings held on 12-5-17, Motion for New Trial before District Judge Dale A. Drozd, 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 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Hooven, K)
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Filing 145
TRANSCRIPT of Proceedings held on 10-6-17, Jury Trial - Day 4 - Discussion re Jury Instructions and Jury Verdict before District Judge Dale A. Drozd, 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 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Hooven, K)
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Filing 144
TRANSCRIPT of Proceedings held on 10-5-17, Jury Trial - Day 3 before District Judge Dale A. Drozd, 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 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Hooven, K)
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Filing 143
TRANSCRIPT of Proceedings held on 10-4-17, Jury Trial - Day 2 - Trial Testimony before District Judge Dale A. Drozd, 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 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Hooven, K)
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Filing 142
TRANSCRIPT of Proceedings held on 3-15-16, Motion for Summary Judgment before District Judge Dale A. Drozd, 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 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Hooven, K)
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Filing 141
TRANSCRIPT REQUEST by Jason Ayala, Joshua Bathe, County of Kern for proceedings held on 10/04/16-10/06/16 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Fontes, Marshall)
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Filing 140
TRANSCRIPT REQUEST by K.E.C. for proceedings held on 3/15/2016, 10/4-6/2017, 12/5/2017 before Judge Drozd re #137 Notice of Appeal. Court Reporter Karen Hooven. (Garrotto, Greg)
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Filing 139
USCA CASE NUMBER 18-15344 for #137 Notice of Appeal filed by K.E.C. (Hellings, J)
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Filing 138
APPEAL PROCESSED to Ninth Circuit re #137 Notice of Appeal filed by K.E.C. Notice of Appeal filed *3/1/2018*, Complaint filed *7/14/2014* and Appealed Order / Judgment filed *10/11/2017*. Court Reporter: *Karen Hooven*. *Fee Status: Paid on 3/1/2018 in the amount of $505.00* (Attachments: #1 Appeal Information) (Hellings, J)
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Filing 137
NOTICE of APPEAL by K.E.C.. (Filing fee $ 505, receipt number 0972-7531572) (Garrotto, Greg)
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Filing 136
ORDER Denying #126 Motion for a New Trial and/or to Alter or Amend Judgment, signed by District Judge Dale A. Drozd on 2/15/2018. (Gaumnitz, R)
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Filing 135
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 12/5/2017. #126 Motion for New Trial argued and submitted, a written decision will issue. Plaintiff's Counsel Greg Garrotto personally present. Defendants' Counsel Marshall Fontes telephonically present. Court Reporter: Karen Hooven. (Gaumnitz, R)
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Filing 134
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 11/30/2017; the #126 motion for new trial on calendar 12/5/2017, WILL BE HEARD at 9:45AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand held cell phone is required. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Gaumnitz, R)
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Filing 133
REPLY by K.E.C. re #126 MOTION for NEW TRIAL . (Garrotto, Greg)
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Filing 132
OPPOSITION by Jason Ayala, Joshua Bathe, County of Kern to #126 MOTION for NEW TRIAL . (Fontes, Marshall)
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Filing 131
TRANSCRIPT REQUEST by K.E.C. for proceedings held on 10-3 and 10-4-2017 before Judge Drozd. Court Reporter Karen Hooven. (Garrotto, Greg)
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Filing 130
PARTIAL TRANSCRIPT of Proceedings held on 10-4-17, Proceedings held with Juror Number 3 before District Judge Dale A. Drozd, 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 12/7/2017. Redacted Transcript Deadline set for 12/15/2017. Release of Transcript Restriction set for 2/12/2018. (Hooven, K)
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Filing 129
TRANSCRIPT of Proceedings held on 10-3-17, Jury Trial - Day 1 before District Judge Dale A. Drozd, 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 12/7/2017. Redacted Transcript Deadline set for 12/15/2017. Release of Transcript Restriction set for 2/12/2018. (Hooven, K)
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Filing 128
TRANSCRIPT REQUEST by Jason Ayala, Joshua Bathe for proceedings held on 10-03-17 to 10-04-17 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Fontes, Marshall)
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Filing 127
REQUEST for JUDICIAL NOTICE by K.E.C. in re #126 Motion for New Trial. (Attachments: #1 Exhibit Attachment 1)(Garrotto, Greg)
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Filing 126
MOTION for NEW TRIAL by K.E.C.. Motion Hearing set for 12/5/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Garrotto, Greg)
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Filing 125
BILL of COSTS SUBMITTED by Jason Ayala, Joshua Bathe. (Fontes, Marshall)
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Filing 124
JUDGMENT dated *10/11/17* in favor of County of Kern against Plaintiff pursuant to order. (Gonzalez, R)
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Filing 123
PROPOSED ORDER re proposed judgment as to defendant County of Kern re #65 Order on Motion for Summary Judgment, by K.E.C.. (Garrotto, Greg)
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Filing 122
JUDGMENT dated *10/6/2017* in favor of defendants and against plaintiff according to the jury special verdict returned in open court on 10/6/2017, Civil Case Terminated. CASE CLOSED. (Gaumnitz, R)
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Filing 121
JURY INSTRUCTIONS GIVEN. (Gaumnitz, R)
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Filing 120
ORDER and RECEIPT for TRIAL EXHIBITS, signed by District Judge Dale A. Drozd on 10/6/2017. (All exhibits returned to plaintiff's counsel to retain for purposes of appeal. Original depositions transcripts returned to parties who lodged them.)(Gaumnitz, R)
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Filing 119
SPECIAL VERDICT. (Gaumnitz, R)
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Filing 118
Note From Jury marked as Court Exhibit 2. (Gaumnitz, R)
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Filing 117
EXHIBIT and WITNESS LIST as to Jury Trial. (Gaumnitz, R)
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Filing 116
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 4) held on 10/6/2017. Outside presence of jury, court and counsel held jury instruction/verdict form conference. Closing arguments were made. Court instructed the jury as to the law applicable to this case. Courtroom Deputy swore Court Security Officer to take charge of jury. Jury began deliberating at 12:18pm. Jury reached unanimous verdict at 1:40pm (jury note marked as Court Exhibit 2). Courtroom Deputy published verdict. Court poled jury as to their true and correct verdicts. Courtroom Deputy ordered to record special verdict. Jury thanked, released from admonition, and excused from service at 2:17pm. Court referred parties to the Local Rules and Federal Rules of Civil Procedure regarding any post-trial motions. Plaintiff K.E.C. (a minor), his guardian ad litem Deniz Gonzalez, and his counsel Greg Garrotto present. Defendants Jason Ayala and Joshua Bathe present with counsel Marshall Fontes and Andrew Thomson. Court Reporter: Karen Hooven. (Gaumnitz, R)
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Filing 115
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 3) held on 10/5/2017. Plaintiff witnesses Joshua Bathe, Jason Ayala, and Deniz Gonzales were sworn and testified. Exhibits were received into evidence. PLAINTIFF RESTS. Defendants oral Rule 50 motion argued and DENIED for reasons as stated. DEFENDANTS REST. Jurors admonished, excused for the evening, and ordered to return at 9:00am tomorrow morning. Jury instruction/verdict form conference held off the record. Jury Trial (Day 4) CONTINUED to 10/6/2017, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs Guardian ad litem Deniz Gonzalez, and plaintiffs counsel Greg Garrotto present. Defendants Jason Ayala and Joshua Bathe present with counsel Marshall Fontes and Andrew Thomson. Court Reporter: Karen Hooven. (Gaumnitz, R)
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Filing 114
Note From Jury marked as Court Exhibit 1 (redacted per 113 Minutes).(Gaumnitz, R)
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Filing 113
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL held on 10/4/2017. Court addressed letter received from juror #3; court and counsel inquired of juror; plaintiffs request to disqualify juror #3 for cause was DENIED for reasons as stated; court marked letter as Court Exhibit 1 and directed clerk to redact jurors name and the name of his business before filing. Opening statements were made. Plaintiff witnesses David Hubbard, Michael Dorkin, Jeffrey Colbert, Sean Collier, and Christopher Saldana were sworn and testified. Exhibits were received into evidence. Jurors admonished, excused for the evening, and ordered to return at 8:30am tomorrow morning. Jury Trial (Day 3) CONTINUED to 10/5/2017, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs Guardian ad litem Deniz Gonzalez, and plaintiffs counsel Greg Garrotto present. Defendants Jason Ayala and Joshua Bathe present with counsel Marshall Fontes and Andrew Thomson. Court Reporter: Karen Hooven. (Gaumnitz, R)
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Filing 112
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 10/4/2017; as the plaintiff in this case is 5 years old, the Clerk of the Court is directed to update the docket to reflect "K.E.C. a minor by and through his guardian ad litem, Deniz Gonzalez," and not use his full name. (Gaumnitz, R)
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Filing 111
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL begun on 10/3/2017. Court heard oral argument and granted plaintiffs #88 motion in limine; the court precludes eliciting any testimony regarding the nature of charge(s) Luis Campos was incarcerated for as well as nature of charges in connection with his prior arrests. Thirty three prospective jurors present (oath previously administered in jury assembly room), voir dire commenced at 1:28pm. Eight jurors were selected and sworn to try cause at 3:57pm. Remaining prospective jurors were thanked and excused. Court read preliminary instructions. Joint motion to exclude witnesses GRANTED. Jurors admonished, excused for the evening, and ordered to return at 8:30am tomorrow morning. Jury Trial (Day 2) CONTINUED to 10/4/2017, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiff K.E.C. (a minor), his guardian ad litem Deniz Gonzalez, and his counsel Greg Garrotto present. Defendants Jason Ayala and Joshua Bathe present with counsel Marshall Fontes and Andrew Thomson. Court Reporter: Karen Hooven. (Gaumnitz, R)
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Filing 110
EXHIBIT LIST FINAL by Keanu Ethan Campos.(Garrotto, Greg)
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Filing 109
ACKNOWLEDGEMENT OF RECEIPT of #108 Lodged Exhibits Notebooks from Plaintiff. (Lundstrom, T)
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Filing 108
NOTICE OF LODGING DOCUMENT IN PAPER by Keanu Ethan Campos: exhibit notebooks. (Garrotto, Greg)
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Filing 107
NOTICE of APPEARANCE by Andrew C. Thomson on behalf of Jason Ayala, Joshua Bathe. Attorney Thomson, Andrew C. added. (Thomson, Andrew)
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Filing 106
CLERK'S NOTICE to Attorney Marshall Scott Fontes re #103 Notice of Appearance: Your Notice of Appearance states that Marshall Fontes is appearing for defendants, however, the actual document attached states that Andrew C. Thompson is appearing. Please re-file the correct document. 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. (Sant Agata, S)
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Filing 105
TRIAL BRIEF by Jason Ayala, Joshua Bathe.(Fontes, Marshall)
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Filing 104
PROPOSED VOIR DIRE by Jason Ayala, Joshua Bathe.(Fontes, Marshall)
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Filing 103
NOTICE of APPEARANCE by Marshall Scott Fontes on behalf of Jason Ayala, Joshua Bathe. (Fontes, Marshall)
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Filing 102
OPPOSITION by Keanu Ethan Campos to #88 MOTION IN LIMINE No. 1 by Plaintiff. (Garrotto, Greg)
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Filing 101
OPPOSITION by Plaintiff Keanu Ethan Campos to #92 Objections. (Garrotto, Greg)
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Filing 100
TRIAL BRIEF by Keanu Ethan Campos.(Garrotto, Greg)
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Filing 99
STATEMENT of (Proposed) Statement of the Case for Prospective Jurors by Plaintiff Keanu Ethan Campos. (Garrotto, Greg)
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Filing 98
PROPOSED VOIR DIRE by Keanu Ethan Campos.(Garrotto, Greg)
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Filing 97
PROPOSED JURY INSTRUCTIONS by Keanu Ethan Campos.(Garrotto, Greg)
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Filing 96
PROPOSED JURY INSTRUCTIONS by Keanu Ethan Campos.(Garrotto, Greg)
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Filing 95
PROPOSED VERDICT submitted by Defendants Jason Ayala, Joshua Bathe, County of Kern.(Fontes, Marshall)
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Filing 94
PROPOSED JURY INSTRUCTIONS by Jason Ayala, Joshua Bathe, County of Kern.(Fontes, Marshall)
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Filing 93
PROPOSED JURY INSTRUCTIONS by Jason Ayala, Joshua Bathe, County of Kern.(Fontes, Marshall)
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Filing 92
OBJECTIONS by Defendants Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 91
OPPOSITION by Jason Ayala, Joshua Bathe, County of Kern to #88 MOTION IN LIMINE No. 1 by Plaintiff. (Fontes, Marshall)
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ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts re #90 Notice of Lodging. (Jessen, A)
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ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcript re #89 Notice of Lodging. (Jessen, A)
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Filing 90
NOTICE OF LODGING DOCUMENT IN PAPER by Jason Ayala, Joshua Bathe, County of Kern: Notice of Lodging of Original Transcripts. (Fontes, Marshall)
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Filing 89
NOTICE OF LODGING DOCUMENT IN PAPER by Keanu Ethan Campos: Original Deposition Transcript of Deniz Gonzalez, Guardian ad Litem. (Garrotto, Greg)
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Filing 88
MOTION IN LIMINE No. 1 by Plaintiff by Keanu Ethan Campos. Motion Hearing set for 10/3/2017 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Garrotto, Greg)
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Filing 87
FINAL PRETRIAL ORDER, signed by District Judge Dale A. Drozd on 8/24/2017. (Gaumnitz, R)
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Filing 86
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 8/17/2017; To allow sufficient time for hearing, the jury trial previously set for 9/12/2017, is CONTINUED to 10/3/2017, at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
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Filing 85
OBJECTIONS by Plaintiff Keanu Ethan Campos to #84 Pretrial Order,. (Garrotto, Greg)
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Filing 84
TENTATIVE PRETRIAL ORDER, signed by District Judge Dale A. Drozd on 7/28/2017. (Each party is granted 14 days from the date of this order to file objections to the same. Each party is also granted 7 days thereafter to respond to the other party's objections. If no objections are filed, the order will become final without further order of this court.) (Gaumnitz, R)
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Filing 83
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: PRETRIAL CONFERENCE held on 7/11/2017, a written pretrial order will follow. Jury Trial set 9/12/2017 at 8:30am CONFIRMED; new time estimate 4-5 days; 8 jurors will be selected to try cause; 14 seated for voire dire; 3 peremptory challenges per side. Plaintiff's Counsel Greg Garrotto telephonically present. Defendants' Counsel Marshall Fontes telephonically present. Court Reporter/CD Number: Karen Hooven. (Gaumnitz, R)
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Filing 82
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 7/7/2017; Pretrial Conference previously set for hearing on 7/12/2017, is ADVANCED to 7/11/2017, at 1:30PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at 1:30pm. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically.(Gaumnitz, R) Modified (corrected hearing time) on 7/7/2017 (Gaumnitz, R).
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Filing 81
PRETRIAL STATEMENT by Defendants Jason Ayala, Joshua Bathe, County of Kern.(Fontes, Marshall)
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Filing 80
PRETRIAL STATEMENT by Plaintiff Keanu Ethan Campos.(Garrotto, Greg)
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Filing 79
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 6/9/2017; Pretrial Conference previously set for hearing on 7/17/2017, is ADVANCED to 7/12/2017, at 10:00AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
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Filing 78
MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SETTLEMENT CONFERENCE held in chambers and off the record on 5/5/2017; CASE NOT SETTLED. Plaintiffs Counsel Greg Garrotto present. Defendants Counsel Marshall Fontes present. (Hall, S)
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Filing 77
NOTICE of Submission of Confidential Settlement Conference Statement by All Defendants. (Fontes, Marshall)
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Filing 76
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 4/25/2017: Counsel have filed a stipulation (Doc. #74 #75 ) requesting the Court vacate the settlement conference. The Court will continue the settlement conference to a more convenient date, but the Court will not vacate it completely; the parties are required to attend a settlement conference before the case proceeds to trial. Thus, counsel SHALL alert the Court whether they wish to proceed on the currently set date or they must provide an alternate date for the settlement conference. (Hall, S)
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Filing 75
REQUEST for Joint Request to Cancel Settlement Conference Signed 4/24/2017 by Keanu Ethan Campos. (Garrotto, Greg)
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Filing 74
REQUEST for Joint Request to Cancel Settlement Conference by Keanu Ethan Campos. (Attachments: #1 Proposed Order on Joint Request to Cancel Settlement Conference)(Garrotto, Greg)
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Filing 73
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Keanu Ethan Campos. (Garrotto, Greg)
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Filing 72
CLERK'S NOTICE to Attorney Greg Garrotto re #70 Consent to Jurisdiction of US Magistrate Judge: Your filing is entitled Consent, however, the actual document attached is a decline to Jurisdiction of US Magistrate Judge. Please re-file your document using the correct event. If you need asisstance, 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. (Sant Agata, S)
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Filing 71
ORDER AMENDING SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/31/2017. Settlement Conference set for 5/5/2017 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 7/17/2017 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 9/12/2017 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)
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Filing 70
CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Keanu Ethan Campos. (Garrotto, Greg)
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Filing 69
MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SCHEDULING CONFERENCE held on 3/30/2017. Defendant orally CONSENTED to Magistrate Judge jurisdiction. Case SCHEDULED; Court to issue Order. Plaintiffs Counsel Greg Garrotto (telephonic) present. Defendants Counsel M. Scott Fontes (telephonic) present. Court Reporter/CD Number: ECRO/FTR- Hall. (Hall, S)
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Filing 68
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 3/24/2017: The request to appear telephonically at the Scheduling Conference is GRANTED #67 . Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 1652736. (Hall, S)
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Filing 67
JOINT SCHEDULING REPORT by Keanu Ethan Campos. (Garrotto, Greg)
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Filing 66
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 3/8/2017: The Court SETS a Further Scheduling Conference for 3/30/2017 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. No later than 3/23/2017, the parties SHALL file a joint report setting forth proposed settlement conference, pretrial and trial dates. (Hall, S)
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Filing 65
ORDER Granting Defendants' #36 Motion for Summary Judgment in Part and Denying in Part, signed by District Judge Dale A. Drozd on 3/7/2017. (This action is referred back to the assigned magistrate judge for re-scheduling, including the setting of a mandatory settlement conference, Final Pretrial Conference and jury trial dates.) (Gaumnitz, R)
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Filing 64
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 1/13/2017: In light of the pending motion for summary judgment, and the information contained in the confidential statements, the Settlement Conference set for 1/20/2017 at 09:30 AM is VACATED. If necessary, the parties SHALL contact the Court to reschedule the Settlement Conference after the ruling on the motion for summary judgment is issued. (Hall, S)
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Filing 63
NOTICE of Submission of Confidential Mandatory Settlement Conference Statement by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 62
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 11/29/2016: In light of the pending motion for summary judgment, the Settlement Conference set for 12/8/2016 is CONTINUED to 1/20/2017 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. The parties SHALL lodge updated confidential settlement conference statements, via e-mail to JLTOrders@caed.uscourts.gov, no later than 1/13/2017. (Hall, S)
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Filing 61
ORDER GRANTING #60 Stipulation re Mandatory Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 10/5/2016. Settlement Conference CONTINUED to 12/8/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 60
STIPULATION and PROPOSED ORDER for Continue MSC by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 59
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 8/4/2016: In light of the pending motion for summary judgment, the Settlement Conference set for 8/12/2016 at 01:30 PM is CONTINUED to 10/7/2016 at 01:30 PM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. If the parties would prefer an alternate date, they may file a stipulation/proposed order requesting that the settlement conference be reset. (Hall, S)
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Filing 58
ORDER GRANTING #57 Stipulation to Continue the Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/21/2016. Settlement Conference CONTINUED to 8/12/2016 at 01:30 PM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 57
STIPULATION and PROPOSED ORDER for Continued Mandatory Settlement Conference by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 56
MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 5/17/2016; As the Settlement Conference has been continued to 6/28/2016, the Jury Trial currently set for 7/19/2016, is VACATED. Both the Pretrial Conference and Jury Trial will be rescheduled if necessary.(Gaumnitz, R)
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Filing 55
MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 5/16/2016: The Settlement Conference is RESET for 6/28/2016 at 01:30 PM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. The parties SHALL lodge updated confidential settlement conference statements, via e-mail to JLTOrders@caed.uscourts.gov, no later than 6/21/2016. (Hall, S)
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Filing 54
MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 5/13/2016; The Mandatory Settlement Conference currently set for 5/17/2016, before Magistrate Judge Jennifer L. Thurston is VACATED. The parties will confer and advise Courtroom Deputy Renee Gaumnitz by email at RGaumnitz@caed.uscourts.gov once they have agreed upon a date provided. (Gaumnitz, R)
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Filing 53
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: IN CHAMBERS TELEPHONIC CONFERENCE held off the record on 5/13/2016. In light of the fact the #36 motion for summary judgment remains under submission, the pretrial conference set 5/16/2016, is VACATED. The Court intends to issue the order addressing the motion for summary judgment by Monday 5/16/2016. The Pretrial Conference will be rescheduled if necessary. Plaintiff's Counsel Greg Garrotto telephonically present. Defendants' Counsel Marshall Fontes telephonically present. (Gaumnitz, R)
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Filing 52
NOTICE of Submission of Confidential Mandatory Settlement Conference Statement by All Defendants. (Fontes, Marshall)
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Filing 51
PRETRIAL STATEMENT by Defendants Jason Ayala, Joshua Bathe, County of Kern.(Fontes, Marshall)
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Filing 50
STIPULATION and ORDER #49 Continuing the Mandatory Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 4/25/2016. Settlement Conference CONTINUED to 5/17/2016 at 01:30 PM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 49
STIPULATION and PROPOSED ORDER for Continued Mandatory Settlement Conference by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 48
OPPOSITION by Keanu Ethan Campos to #36 MOTION for SUMMARY JUDGMENT. (Garrotto, Greg)
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Filing 47
ORDER GRANTING IN PART #46 Stipulation re Mandatory Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/24/2016. Settlement Conference CONTINUED to 5/2/2016 at 01:30 PM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 46
STIPULATION and PROPOSED ORDER for Vacate of the Mandatory Settlement Conference Pending Resolution of Motion for Summary Judgment by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 45
SUPPLEMENT by Jason Ayala, Joshua Bathe, County of Kern re #36 MOTION for SUMMARY JUDGMENT. (Fontes, Marshall)
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Filing 44
ORDER Directing Submission of Additional Briefing #36 , signed by District Judge Dale A. Drozd on 3/17/2016. (1. Defendants are directed to file a brief clarifying their position on summary judgment as to plaintiffs wrongful death claim, within seven days of this order. Defendants' brief may be no longer than five pages in length. 2. Plaintiff is granted leave to file, at their election, an opposition brief to defendants' supplemental brief, within fourteen days of this order. Plaintiff's brief may be no longer than five pages in length.)(Gaumnitz, R)
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Filing 43
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 3/15/2016; Defendants' #36 Motion for Summary Judgment argued and submitted, a written decision will issue. Plaintiff's Counsel Greg Garrotto telephonically present. Defendants' Counsel Marshall Fontes telephonically present. Court Reporter/CD Number: Karen Hooven. (Gaumnitz, R)
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Filing 42
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 3/10/2016; #36 Motion For Summary Judgment set for 3/15/2016, WILL BE HEARD at 10:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.(Gaumnitz, R)
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Filing 41
REPLY by Jason Ayala, Joshua Bathe, County of Kern to RESPONSE to #36 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Response, #2 Reply, #3 Declaration, #4 Declaration)(Fontes, Marshall)
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Filing 40
DECLARATION of Greg W. Garrotto in OPPOSITION TO #36 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit No.1- Deposition of Def. Jason Ayala, #2 Exhibit No. 2- Kern County Sheriff Department Incident Investigation Report, #3 Exhibit No. 3- Deposition of Def. Joshua Bathe, #4 Exhibit No. 4-Deposition of Deputy Christopher Saldana, #5 Exhibit No. 5- Deposition of Deputy Sean Collier, #6 Exhibit No. 6-Kern County Sheriff/Coroner, Coroner Section Final Report, #7 Exhibit No. 7- Deposition of Paul Myron, Def. designated expert witness, #8 Exhibit No. 8- Declaration of Deputy Christopher Saldana, #9 Exhibit No. 9- Display Incident Narrative Documents- Kern County CJIS System, #10 Exhibit No. 10- Medical Records of Luis Campos from Kern County Sheriffs Department, #11 Exhibit No. 11- Kern County Sheriffs Department Policies C-100 and D-200, #12 Exhibit No. 12- Kern County Sheriffs Department Policy No. D-400, #13 Exhibit No. 13- Declaration of Deputy Sean Collier, #14 Exhibit No. 14- Kern County Sheriffs Offices Inmate Observation Logs)(Garrotto, Greg)
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Filing 39
STATEMENT of Opposition to Motion for Summary Judgment Plaintiff's Statement of Further Disputed Facts by Plaintiff Keanu Ethan Campos re #36 MOTION for SUMMARY JUDGMENT. (Garrotto, Greg)
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Filing 38
STATEMENT of Opposition to Motion for Summary Judgment Plaintiff's Response to Separate Statement of Additional Undisputed Facts by Plaintiff Keanu Ethan Campos re #36 MOTION for SUMMARY JUDGMENT. (Garrotto, Greg)
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Filing 37
OPPOSITION by Keanu Ethan Campos to #36 MOTION for SUMMARY JUDGMENT. (Garrotto, Greg)
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Filing 36
MOTION for SUMMARY JUDGMENT by Jason Ayala, Joshua Bathe, County of Kern. Motion Hearing set for 3/15/2016 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: #1 Memorandum, #2 Statement, #3 Statement, #4 Declaration, #5 Exhibit, #6 Declaration, #7 Declaration, #8 Declaration, #9 Notice)(Fontes, Marshall)
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Filing 35
ORDER GRANTING #33 Stipulation to Continue Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 1/6/2016. Settlement Conference CONTINUED to 4/1/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 34
NOTICE of Submission of Confidential Mandatory Settlement Conference Statement by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 33
STIPULATION and PROPOSED ORDER for Continued Mandatory Settlement Conference by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 32
MINUTE ORDER (Text Entry Only) signed by District Judge Dale A. Drozd on 12/16/2015 re #31 Order Reassigning; Pretrial Conference previously set for 5/18/2016 before District Judge Lawrence J. O'Neill is RESET for 5/16/2016 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial currently set for 7/19/2016 before District Judge Lawrence J. O'Neill WILL NOW BE HEARD at 1:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
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Filing 31
ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Judge Dale A. Drozd to the position of U.S. District Judge, this action is reassigned from *District Judge Lawrence J. O Neill* to District Judge Dale A. Drozd for all further proceedings. (Gonzalez, R)
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Filing 30
MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 4/27/2015: In light of the information contained in the #28 joint mid-discovery status conference report that discovery efforts are proceeding appropriately, the Court VACATES the mid-discovery status conference set for 4/30/2015 at 9:00 AM before Magistrate Judge Jennifer L. Thurston. Counsel are reminded of their obligation to complete all discovery within the time frames set forth in the Scheduling Order. (Hall, S)
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Filing 29
REQUEST for For Permission to Appear Telephonically at Mid Discovery Status Conference by Keanu Ethan Campos re #28 Status Report filed by Joshua Bathe, County of Kern, Jason Ayala. (Garrotto, Greg)
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Filing 28
JOINT STATUS REPORT by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 27
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 26
SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/14/2015. Consent/Decline Deadline 1/26/2015. Pleading Amendment Deadline 4/13/2015. Discovery Deadlines: Initial Disclosures 2/4/2015; Non-Expert 10/5/2015; Expert 12/14/2015. Mid-Discovery Status Conference set for 4/30/2015 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 12/28/2015; Hearing by 1/25/2016. Dispositive Motion Deadlines: Filed by 2/10/2016; Hearing by 3/23/2016. Settlement Conference set for 1/11/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 5/18/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial set for 7/19/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hall, S)
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Filing 25
MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SCHEDULING CONFERENCE held on 1/14/2015. Court to issue Order. Plaintiffs Counsel Greg Garrotto (telephonic) present. Defendants Counsel Andrew Thomson present. Court Reporter/CD Number: ECRO/FTR. (Hall, S)
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Filing 24
MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 1/8/2015: Plaintiff's request to appear telephonically via CourtCall #23 at the initial scheduling conference on 1/14/2015 is GRANTED. Plaintiff shall submit a copy of the CourtCall confirmation to JLTOrders@caed.uscourts.gov. (Hall, S)
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Filing 23
REQUEST for To Appear Telephonically at Joint Scheduling Conference by Keanu Ethan Campos re #22 Scheduling Report filed by Joshua Bathe, County of Kern, Jason Ayala. (Garrotto, Greg)
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Filing 22
JOINT SCHEDULING REPORT by Jason Ayala, Joshua Bathe, County of Kern. (Fontes, Marshall)
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Filing 21
ANSWER by Jason Ayala, Joshua Bathe, County of Kern.(Fontes, Marshall)
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Filing 20
DECLARATION of Deniz Gonazalez Guardian ad Litem Re: Successor in Interest to Luis Gabriel Campos re #19 Amended Complaint. (Garrotto, Greg)
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Filing 19
FIRST AMENDED COMPLAINT against All Defendants by Keanu Ethan Campos.(Garrotto, Greg)
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Filing 18
MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 10/2/2014: To allow time for the pleadings to settle, the Initial Scheduling Conference currently set for 11/6/2014 at 09:00 AM is CONTINUED to 1/14/2015 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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Filing 17
Memorandum Decision and ORDER Re: Defendants' #11 Motion to Dismiss or for a More Definite Statement, signed by District Judge Lawrence J. O'Neill on 09/30/14. Amended Complaint Due Within Twenty Days. (Gonzalez, R)
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Filing 16
MINUTE ORDER: (TEXT ENTRY ONLY) Having reviewed the papers filed thus far in connection with the pending motion for more definite statement and to dismiss #11 , the Court believes the issues are presented clearly in the papers and that oral argument will not be necessary. Therefore, the hearing on that motion, currently set for September 24, 2014, is VACATED. The Parties' requests for permission to appear telephonically, #12 #14 , are therefore moot signed by District Judge Lawrence J. O'Neill on September 17, 2014. (Munoz, I)
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Filing 15
REPLY by Jason Ayala, Joshua Bathe, County of Kern to RESPONSE to #11 MOTION for MORE DEFINITE STATEMENT and to Dismiss. (Fontes, Marshall)
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Filing 14
REQUEST for Permission to appear Telephonically at hearing by Keanu Ethan Campos re #11 MOTION for MORE DEFINITE STATEMENT and to Dismiss filed by Joshua Bathe, County of Kern, Jason Ayala. (Garrotto, Greg).
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Filing 13
OPPOSITION by Keanu Ethan Campos to #11 MOTION for MORE DEFINITE STATEMENT and to Dismiss. (Garrotto, Greg)
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Filing 12
REQUEST for Telephonic Appearance at Hearing and Order by Jason Ayala, Joshua Bathe, County of Kern re #11 MOTION for MORE DEFINITE STATEMENT and to Dismiss filed by Joshua Bathe, County of Kern, Jason Ayala. (Fontes, Marshall)
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Filing 11
MOTION for MORE DEFINITE STATEMENT and to Dismiss by Jason Ayala, Joshua Bathe, County of Kern. Attorney Fontes, Marshall Scott added. Motion Hearing set for 9/24/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Fontes, Marshall)
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Filing 10
SUMMONS RETURNED EXECUTED: County of Kern served on 8/5/2014, answer due 8/26/2014. (Garrotto, Greg)
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Filing 9
SUMMONS RETURNED EXECUTED: Jason Ayala served on 8/5/2014, answer due 8/26/2014. (Garrotto, Greg)
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Filing 8
SUMMONS RETURNED EXECUTED: Joshua Bathe served on 8/5/2014, answer due 8/26/2014. (Garrotto, Greg)
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Filing 7
ORDER GRANTING #3 Petition to Appoint Deniz Gonzalez as Guardian ad Litem for the Minor Plaintiff, signed by Magistrate Judge Jennifer L. Thurston on 7/18/2014. (Hall, S)
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Filing 6
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/6/2014 at 09:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Verduzco, M)
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Filing 5
SUMMONS ISSUED as to *Jason Ayala, Joshua Bathe, County of Kern* with answer to complaint due within *21* days. Attorney *Greg Wegner Garrotto* *Law Office of Garrotto & Garrotto* *1925 Century Park E, Suite 2000* *Los Angeles, CA 90067-2500*. (Verduzco, M)
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Filing 4
PROPOSED ORDER re Appointment of Guardian ad Litem re #3 Petition by KEANU ETHAN CAMPOS. (Garrotto, Greg)
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Filing 3
PETITION for PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM by KEANU ETHAN CAMPOS. (Garrotto, Greg)
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Filing 2
CIVIL COVER SHEET by KEANU ETHAN CAMPOS (Garrotto, Greg)
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Filing 1
COMPLAINT against All Defendants by KEANU ETHAN CAMPOS. Attorney Garrotto, Greg Wegner added. (Filing fee $ 400, receipt number 0972-5418101) (Garrotto, Greg)
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