Ortiz et al v. Alvarez et al
| S. Ortiz, R Villanueva, A Padron, L Ramos, G Sandoval, J Sandoval and E Padron |
| Gerardo Alvarez, Parlier Unified School District, Parlier Unified School District Board of Trustees, Edward Lucero, Israel Lara and Youth Centers of America |
| 1:2015cv00535 |
| April 7, 2015 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Gary S. Austin |
| Kimberly J. Mueller |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
322
ORDER DENYING Plaintiff's 297 299 314 315 317 Motions for a New Trial signed by District Judge Dale A. Drozd on 08/08/2021. (Flores, E)
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Filing
255
ORDER RULING ON THE PARTIES' MOTIONS IN LIMINE (Doc. Nos. 218 , 219 ) signed by District Judge Dale A. Drozd on 11/18/2019. (Thorp, J)
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Filing
217
FINAL PRETRIAL ORDER signed by District Judge Dale A. Drozd on 09/05/2019. (Flores, E)
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Filing
195
ORDER DENYING Plaintiffs Alfonso Padron and Elida Padron's 190 Motion for Entry of Final Judgment signed by District Judge Dale A. Drozd on 2/15/2019. (Sant Agata, S)
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Filing
186
ORDER granting Motion to Proceed In Forma Pauperis on Appeal 172 , 184 signed by Magistrate Judge Erica P. Grosjean on 11/5/2018. (Lundstrom, T)
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Filing
181
ORDER for Plaintiff Alfonso Padron to Submit Affidavit Pursuant to Rule 4 of the Federal Rules of Appellate Procedure signed by Magistrate Judge Erica P. Grosjean on 10/24/2018. Fourteen-Day Deadline. (Flores, E)
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Filing
168
ORDER granting in part and denying in part Defendants' Motions for Summary Judgment 132 , 133 , 134 , 135 , 136 signed by District Judge Dale A. Drozd on 9/21/2018. (Lundstrom, T)
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Filing
167
ORDER adopting 166 FINDINGS AND RECOMMENDATIONS; granting Defendants' Motion to enforce Settlement Agreement and denying Defendants' request for monetary sanctions as to Raul Villanueva 161 signed by District Judge Dale A. Drozd on 7/17/2018. (Lundstrom, T)
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Filing
166
Finds and Recommendations that Defendants' 161 Motion to Enforce Settlement Agreement and Request for Monetary Sanctions as to Raul Villameuva be GRANTED in part and DENIED in part, signed by Magistrate Judge Erica P. Grosjean on 4/2/2018. Motion referred to Judge Drozd. Objections to F&R due by 4/17/2018. (Rosales, O)
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Filing
129
ORDER Terminating Martha Moreno as Plaintiff on the Docket signed by Magistrate Judge Erica P. Grosjean on 09/12/2017. (Flores, E)
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Filing
126
ORDER re Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 8/15/17. (Marrujo, C)
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Filing
123
ORDER RE August 2, 2017 Hearing Re Settlement Agreement for Plaintiff Raul Villanueva signed by Magistrate Judge Stanley A. Boone on 08/02/2017. (Flores, E)
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Filing
120
ORDER Continuing Settlement Conference as to Plaintiffs Alsonso Padron and Elida Padron signed by Magistrate Judge Stanley A. Boone on 07/27/2017. Settlement Conference set for 8/15/2017 at 10:00 AM in Courtroom 9 (SAB) before District Judge Dale A. Drozd.(Flores, E)
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Filing
110
ORDER Re Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 6/9/17: Settlement Conference set for July 26, 2017 at 11:30 a.m., Ctrm 9, before Magistrate Judge Boone. (Hellings, J)
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Filing
108
ORDER GRANTING Motion to Withdraw as Attorney of Record 100 , signed by Magistrate Judge Erica P. Grosjean on 5/31/17. (Hellings, J)
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Filing
98
ORDER re Continued Discovery Dates and Expert Designations signed by Magistrate Judge Erica P. Grosjean on 5/5/2017. (Valdez, E)
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Filing
91
ORDER TERMINATING Juan Sandoval as Plaintiff signed by Magistrate Judge Erica P. Grosjean on 2/23/2017. (Jessen, A)
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Filing
82
ORDER Granting Defendant PUSD's 72 Motion to Dismiss the Eighth and Ninth Causes of Action Against PUSD, signed by District Judge Dale A. Drozd on 3/21/2016. (1. Defendant PUSD's motion to dismiss (Doc. No. 72) is granted; 2. The eight c ause of action, appearing in plaintiffs' fourth amended complaint (Doc. No. 67), is DISMISSED as to defendant PUSD only; and 3. The ninth cause of action, appearing in plaintiffs' fourth amended complaint (Doc. No. 67), is DISMISSED as to defendant PUSD only.) (Gaumnitz, R)
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Filing
66
ORDER signed by District Judge Kimberly J. Mueller on 1/12/2016. In light of the plaintiffs' 52 Statement of Non-Opposition the claims for negligent infliction of emotional distress are DISMISSED with prejudice. The plaintiffs do not address t he YCAs and Laras arguments that the complaint states no claim against them for state-law wrongful termination in violation of public policy. This claim is therefore DISMISSED with leave to amend. The plaintiffs are again reminded of their obligation s under Federal Rule of Civil Procedure 11. Complaint's theory of YCA's and Lara's liability as private entities under § 1983 is incoherent. The claims under § 1983 are DISMISSED with leave to amend to clear up this confusio n, if possible in light of the authorities cited above and the requirement that defendants can only be liable under § 1983 for actions undertaken under color of state law. "The 59 Stipulation is APPROVED in part as follows. Because not a ll defendants stipulated to the filing of a Third Amended Complaint, and that pleading was filed without leave of court, it is STRICKEN. See Fed. R. Civ. P. 15(a)(2). The plaintiffs are however GRANTED leave to file a fourth amended complaint, which may (1) address the matters discussed above with respect to the YCA's and Lara's motion; and (2) implement the changes made in the stricken third amended complaint with respect to the PUSD defendants. The PUSD motion to dismiss is therefore DENIED AS MOOT, and the PUSD defendants may file a renewed Motion to Dismiss, including to dismiss any claim under 42 U.S.C. § 1983, once an amended complaint is on file. A Fourth Amended Complaint shall be filed within 14 days of the date this order is filed. (Marciel, M)
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Filing
48
ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 11/3/15 ORDERING that within seven days of entry of this order, why they should not each be sanctioned in the amount of $250 for failure to comply with this court's order. (Kastilahn, A)
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Filing
29
ORDER signed by Judge Kimberly J. Mueller on 8/26/2015 DISMISSING the plaintiffs' second claim for negligent infliction of emotional distress with leave to amend; DISMISSING the plaintiffs' ninth claim brought under 42 U.S.C. § 1983 wi th leave to amend; DISMISSING the plaintiffs' twelfth claim for wrongful termination in violation of public policy with prejudice as alleged against Mr. Lara; DISMISSING the plaintiffs' twelfth claim for wrongful termination in violation of public policy with leave to amend as alleged against Youth Centers; ORDERING the plaintiffs to file an amended complaint within twenty-one (21) days; RESOLVING 5 Motion to Dismiss; DENYING 25 Motion to Amend the Complaint as moot. (Michel, G.)
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