Poole v. Kastner Intermediate School et al
| Mary F. Poole |
| Kastner Intermediate School, Clovis Unified School District, Clovis Unified School District Police Department and T. Vang |
| 1:2015cv00511 |
| April 1, 2015 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Dale A Drozd |
| Sheila K Oberto |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 7, 2016. A more recent docket listing may be available from PACER.
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Filing 48
ORDER Directing Clerk of the Court to Close Case re #47 Stipulation signed by District Judge Dale A. Drozd on 7/6/2016. CASE CLOSED. (Jessen, A)
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| Filing 47 STIPULATION of DISMISSAL by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
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Filing 46
MINUTE ORDER: (Text Entry Only) re #45 Notice of Settlement signed by District Judge Dale A. Drozd on 7/5/2016; All future hearing dates are ORDERED VACATED and a stipulation re dismissal shall be filed no later than 8/5/2016. If not received, the Court may dismiss the matter on its own authority. (Gaumnitz, R)
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| Filing 45 NOTICE of SETTLEMENT by Mary F. Poole. (Coleman, Mark) |
| Filing 44 BRIEF (LETTER) by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
| Filing 43 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 4/5/2016. #28 Motion for Judgment on the Pleadings and to Strike argued and submitted; written decision will issue. Parties may file supplemental letter briefs with additional citations for the courts consideration by the end of this week. Plaintiff's Counsel M. Coleman present. Defendants' Counsel C. Leed present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R) |
| Filing 42 BRIEF - LETTER BRIEF IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR JUDGEMENT ON THE PLEADINGS by Mary F. Poole. (Coleman, Mark) |
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Filing 41
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 3/30/2016; #28 Motion for Judgment on the Pleadings and to Strike currently set for 4/5/2016, WILL BE HEARD at 02:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
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| Filing 40 REPLY by Clovis Unified School District, Clovis Unified School District Police Department, Officer T. Vang (ID #917) re #34 Opposition to Motion, #28 Motion for Judgment on the Pleadings. (Leed, Claudia) |
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Filing 39
ORDER DENYING Without Prejudice Parties' Stipulated Request to Modify the Scheduling Order. Order signed by Magistrate Judge Sheila K. Oberto on 2/29/2016. (Timken, A)
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| Filing 38 STIPULATION and PROPOSED ORDER for Discovery Deadlines by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
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Filing 37
MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 2/22/2016; Due to the #36 order of reassignment, Defendant(s) #28 Motion for Judgment on the Pleadings and to Strike previously for 3/25/2016, before Judge Kimberly J. Mueller is CONTINUED to 4/5/2016, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Pretrial Conference previously set for 9/1/2016, before Judge Kimberly J. Mueller is ADVANCED to 8/29/2016, at 02:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial (5-6 day est.) previously set for 10/24/2016, before Judge Kimberly J. Mueller is CONTINUED to 10/25/2016, at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.(Gaumnitz, R)
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Filing 36
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 Kimberly J. Mueller* to District Judge Dale A. Drozd for all further proceedings. (Verduzco, M)
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| Filing 35 MINUTE ORDER issued by Relief Courtroom Deputy J. Streeter for District Judge Kimberly J. Mueller: On the courts own motion, the hearing on Defendant(s) Motion for Judgment on the Pleadings and to Strike (ECF No. #28 ) set for 2/26/2016 is VACATED and RESET for 3/25/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. Filing deadlines are reset as provided by Local Rule 230. (Text Only Entry)(Streeter, J) |
| Filing 34 OPPOSITION to #28 Motion for Judgment on the Pleadings by Mary F. Poole. (Coleman, Mark) Modified on 2/16/2016 (Michel, G.). |
| Filing 33 NOTICE OF LAW FIRM NAME CHANGE by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
| Filing 32 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the hearing on Defendants' Motion for Judgment on the Pleadings and to Strike (ECF No. #28 ) set for 2/12/2016 is VACATED and RESET for 2/26/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. Filing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C) |
| Filing 31 NOTICE to RESCHEDULE HEARING on #28 Motion for Judgment on the Pleadings: Motion Hearing RESET for 2/12/2016 at 10:00 AM before District Judge Kimberly J. Mueller. (Leed, Claudia) |
| Filing 30 NOTICE of APPEARANCE by Seth Gordon on behalf of Clovis Unified School District, Officer T. Vang (ID #917). Attorney Gordon, Seth added. (Gordon, Seth) |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Defendants' Motion for Judgment on the Pleadings and to Strike Allegations of the First Amended Complaint (ECF No. #28 ). The motion is noticed for hearing on 1/22/2016, which is not an available law and motion date. Accordingly, the hearing on Defendants' motion set for 1/22/2016 is VACATED and RESET for 1/29/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. Filing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C) |
| Filing 28 MOTION for JUDGMENT on the pleadings by Clovis Unified School District, Officer T. Vang (ID #917). Motion Hearing set for 1/22/2016 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: #1 Points and Authorities)(Leed, Claudia) Modified on 12/10/2015 (Zignago, K.). |
| Filing 27 ANSWER with Jury Demand by Clovis Unified School District, Officer T. Vang (ID #917).(Leed, Claudia) |
| Filing 26 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller: On October 20, 2015, the assigned Magistrate Judge issued an order on the parties' proposed discovery plan, which modified in part the court's status (pretrial scheduling) order. See ECF Nos. #15 , #25 . Ordinarily the court's scheduling orders may be modified only by order of the assigned district judge; however, in this instance, the scheduling order was modified after a miscommunication in the assignment of discovery matters under Local Rule 302(c). The court has reviewed the parties' proposed orders and the assigned Magistrate Judge's order, and in these exceptional circumstances, the order at ECF No. #25 is approved. (Text Only Entry) (Schultz, C) |
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Filing 25
ORDER on PLAINTIFF'S Proposed Discovery Plan; ORDER on DEFENDANT'S Proposed Discovery Plan. Non-expert discovery cutoff reset to February 25, 2016. Supplemental expert disclosures reset to April 27, 2016. Order signed by Magistrate Judge Sheila K. Oberto on 10/20/2015. (Timken, A)
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| Filing 24 STIPULATION and PROPOSED ORDER for Defendants' Discovery Plan by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
| Filing 23 FIRST AMENDED COMPLAINT against Clovis Unified School District, Officer T. Vang (ID #917) by Mary F. Poole.(Coleman, Mark) |
| Filing 22 MINUTES (Text Only) for proceedings before Magistrate Judge Gary S. Austin: SETTLEMENT CONFERENCE held on 9/29/2015 - CASE NOT SETTLED. Plaintiff's Counsel Mark Coleman present. Defendants' Counsel Claudia Leed present. Court Reporter/CD Number: Off the record. (Martinez, A) |
| Filing 21 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
| Filing 20 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by Mary F. Poole. (Coleman, Mark) |
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Filing 19
STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Sheila K. Oberto on 9/20/2015. (Timken, A)
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| Filing 18 STIPULATION and PROPOSED ORDER for Protection of Highly Sensitive Documents by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
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Filing 17
ORDER DENYING Without Prejudice Stipulated Request for Protective Order #16 . Order signed by Magistrate Judge Sheila K. Oberto on 9/1/2015. (Timken, A)
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| Filing 16 STIPULATION and PROPOSED ORDER for Protection of Highly Sensitive Documents by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
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Filing 15
STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 8/19/15. Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 8/31/2015. The parties shall file a joint proposed discovery protective order regarding the police reports and investigation of the incident with the court by 8/27/2015. Designation of Expert Witnesses due by 3/25/2016, and rebuttal expert disclosure due by 4/14/2016. All expert discovery shall be completed by 5/13/2016. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 6/17/2016. The Final Pretrial Conference is SET for 9/1/2016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The parties shall confer and file a joint pretrial conference statement by 8/11/2016. The Jury Trial is SET for 10/24/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Trial briefs are due by 10/10/2016. A Settlement Conference is SET before Magistrate Judge Gary S. Austin for 9/29/2015 at 10:30 AM in Courtroom 10 (GSA), 6th Floor of the Robert E. Coyle Courthouse, 2500 Tulare Street, Fresno, CA. (Kastilahn, A)
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| Filing 14 MINUTES for STATUS (PRETRIAL SCHEDULING) CONFERENCE held before Judge Kimberly J. Mueller on 8/13/2015. Counsel for plaintiff, Mark Coleman present. Counsel, Claudia Leed present for defendants. The court and counsel discussed case scheduling; order to issue. Court Reporter: Cathie Bodene. (Text Only Entry) (Shaddox-Waldrop, A) |
| Filing 13 JOINT STATUS REPORT by Clovis Unified School District, Officer T. Vang (ID #917). (Leed, Claudia) |
| Filing 12 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/13/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Meuleman, A) |
| Filing 11 CLERK'S NOTICE (text only): This case has been assigned to District Judge Kimberly J. Mueller. The new case number is 1:15-cv-00511-KJM-SKO. (Jessen, A) |
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Filing 10
MINUTE ORDER: ***TEXT ENTRY ONLY*** The parties met telephonically for a case management conference on 6/30/2015. Plaintiff's counsel having informed the Court Plaintiff does not wish to consent to magistrate judge jurisdiction, the clerk is directed to randomly assign a Sacramento District Judge to this case. The scheduling conference currently set for 7/21/2015, before Magistrate Judge Oberto is VACATED. Minute order signed by Magistrate Judge Sheila K. Oberto on 6/30/2015. (Timken, A)
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| Filing 9 MINUTES (Text Only) for proceedings before Magistrate Judge Sheila K. Oberto: TELEPHONIC CASE MANAGEMENT CONFERENCE held on 6/30/2015, in chambers and off the record. Plaintiff's counsel informed the Court Plaintiff does not wish to consent to magistrate judge jurisdiction. Plaintiff's Counsel Mark Coleman, telephonically present. Defendants' Counsel Claudia Leed, telephonically present. Court Reporter/CD Number: In Chambers. (Timken, A) |
| Filing 8 MINUTES (Text Only) for proceedings before Magistrate Judge Sheila K. Oberto: TELEPHONIC CASE MANAGEMENT CONFERENCE held on 6/16/2015, in chambers and off the record. The parties were informed that this case will be randomly assigned to a District Judge in Sacramento if they did not wish to consent to magistrate judge jurisdiction. The parties requested time to discuss with their client whether they wish to consent to magistrate judge jurisdiction. If the parties do not elect to consent to magistrate judge jurisdiction, the case will be randomly assigned to a Sacramento District Judge. A further Telephonic Case Management Conference is set for 6/30/2015 at 9:30 AM before Magistrate Judge Sheila K. Oberto. Plaintiff's Counsel: M. Coleman (telephonic) present. Defense Counsel: C. Leed (telephonic) present. (Arellano, S.) |
| Filing 7 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Mary F. Poole. (Coleman, Mark) |
| Filing 6 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Mary F. Poole. (Coleman, Mark) |
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Filing 5
MINUTE ORDER: ***TEXT ENTRY ONLY*** A telephonic Case Management Conference is set for 6/16/2015, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall coordinate with each other one conference call to the Court at (559) 499-5790 at the appointment time. Minute order signed by Magistrate Judge Sheila K. Oberto on 4/9/2015. (Timken, A)
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| Filing 4 CERTIFICATE of SERVICE by Clovis Unified School District, Clovis Unified School District Police Department, Kastner Intermediate School, Officer T. Vang (ID #917) re #1 Notice of Removal. (Leed, Claudia) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED: Status Conference re Consent / Initial Scheduling Conference set for 7/21/2015 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Order Assigning Action to Sac DJ, #2 Consent Form, #3 VDRP) (Sant Agata, S) |
| Filing 2 CIVIL COVER SHEET by Clovis Unified School District, Clovis Unified School District Police Department, Kastner Intermediate School, Officer T. Vang (ID #917) (Leone, Louis) |
| Filing 1 NOTICE of REMOVAL from Fresno County Superior Court, case number 15CECG00616JH by All Defendants. (Filing fee $ 400, receipt number 0972-5823576) (Leone, Louis) |
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