Martinez v. City of Clovis, et al.
Plaintiff: Desiree Martinez
Defendant: City Of Clovis, Sanger City, Channon High, Kyle Pennington, Kim Pennington, Connie Pennington, Kristina Hershberger, Jesus Santillan, Angela Yambupah, Ralph Salazar and Fred Sanders
Case Number: 1:2015cv00683
Filed: May 1, 2015
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: UnassignedDJ
Presiding Judge: Michael J. Seng
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 24, 2024 Opinion or Order Filing 259 SECOND AMENDED ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 10/24/2024. (Kusamura, W)
October 17, 2024 Opinion or Order Filing 254 ORDER REQUIRING DEFENDANT KYLE PENNINGTON TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR FAILING TO COMPLY WITH THE COURT'S ORDER OR ALTERNATIVELY TO SUMBIT A CONFIDENTIAL SETTLEMENT CONFERENCE STATMENT. Order signed by Magistrate Judge Sheila K. Oberto on 10/17/2024. (Kusamura, W)
August 22, 2024 Opinion or Order Filing 249 AMENDED ORDER re SETTLEMENT CONFERENCE and ORDER FOLLOWING PRE-SETTLEMENT CONFERENCE. Order signed by Magistrate Judge Sheila K. Oberto on 8/22/2024. Telephonic Pre-Settlement Conference set for 10/23/2024 at 04:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Settlement Conference set for 10/30/2024 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)
April 23, 2024 Opinion or Order Filing 242 ORDER re SETTLEMENT CONFERENCE. Order signed by Magistrate Judge Sheila K. Oberto on 4/23/2024. Telephonic Pre-Settlement Discussion set for 8/20/2024 at 04:00 PM before Magistrate Judge Sheila K. Oberto. Settlement Conference set for 8/27/2024 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)
August 29, 2022 Opinion or Order Filing 229 ORDER signed by Chief District Judge Kimberly J. Mueller on 8/26/22 GRANTING plaintiff's unopposed request for certification. The summary judgment ruling, ECF No. 210, is certified under Rule 54(b). Based on the parties' agreement, the case is stayed pending resolution of plaintiff's appeal. (Kaminski, H)
April 27, 2022 Opinion or Order Filing 223 ORDER signed by District Judge John A. Mendez on 4/26/2022 ORDERING 212 the Court reduces the deposition transcript costs by one-fourth, from $2,083.20 to $1,562.40, to account for their share of the costs. That, plus the $315.25 cost for the summary judgment hearing transcript, incurred after Defendants Santillan and Salazar were dismissed, amounts to $1,877.65. For the reasons set forth, the Court awards costs to Defendants in the amount of $1,877.65. (Reader, L)
January 10, 2022 Opinion or Order Filing 210 ORDER signed by District Judge John A. Mendez on 1/10/2022 GRANTING 206 Motion for Summary Judgment; VACATING the hearing on said motion set for 1/11/2022. (Michel, G.)
August 10, 2021 Opinion or Order Filing 205 ORDER signed by District Judge John A. Mendez on 8/9/2021 ORDERING that defendant Channan High's summary judgment motion regarding her entitlement to qualified immunity shall be filed no later than 11/30/2021. Plaintiff Desiree Martinez's papers in opposition to the motion shall be filed no later than 12/14/2021. Defendant Channan High's reply papers, if any, shall be filed no later than 12/21/2021. The motion shall be heard on Tuesday, 1/11/2022 at 1:30 PM. (Zignago, K.)
June 14, 2021 Opinion or Order Filing 146 PRETRIAL CONFERENCE ORDER signed by District Judge John A. Mendez on 6/14/2021; Jury Trial set for 7/26/2021 at 09:15 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Zignago, K.)
December 6, 2017 Opinion or Order Filing 104 PARTIAL JUDGMENT ISSUED by District Judge John A. Mendez on 12/5/17 in accordance with Federal Rule of Civil Procedure 54(b). Defendants Jesus Santillan, Ralph Salazar, Kristina Hershberger, Angela Yambupah, Fred Sanders, the City of Clovis, the C ity of Sanger, Channon High, Kim Pennington and Connie Pennington are DISMISSED with prejudice. The plaintiff's claims against Defendant Kyle Pennington have not been adjudicated and are not affected by this partial judgment. (Kastilahn, A)
November 27, 2017 Opinion or Order Filing 99 ORDER signed by District Judge John A. Mendez on 11/22/2017 GRANTING 85 Motion to Withdraw as Counsel. (Hunt, G)
November 21, 2017 Opinion or Order Filing 96 JUDGMENT signed by District Judge John A. Mendez on 11/21/2017 ORDERED, ADJUDGED AND DECREED that: Plaintiff take nothing, and that all claims for relief be dismissed against Defendants City of Clovis, City of Sanger, KristinaHersberger, Angela Yambupah, and Fred Sanders; Plaintiff take nothing for the claimed Equal Protection Violation and that claim for relief be dismissed against Defendant Channon High. (Becknal, R)
June 9, 2017 Opinion or Order Filing 70 STIPULATION and ORDER signed by District Judge John A. Mendez on 6/8/17 ORDERING that defendants Jesus Santillan and Ralph Salazar are DISMISSED with prejudice, with each party bearing his or her own costs and fees. (Kastilahn, A)
May 23, 2017 Opinion or Order Filing 68 STIPULATION and ORDER signed by District Judge John A. Mendez on 5/22/2017 ORDERING that scheduling order dates are EXTENDED as follows: Expert Rebuttal Disclosure Deadline: 6/23/2017; Expert Discovery Completion Deadline: 7/28/2017; Non dispositive motions to be filed by: 8/8/2017; Dispositive Motions to be filed by: 8/15/2017. (Zignago, K.)
March 10, 2017 Opinion or Order Filing 63 STIPULATION AND ORDER signed by District Judge John A. Mendez on 3/9/2017 ORDERING Discovery due by 5/5/2017 for the purposes of conducting depositions only; the parties do not stipulate to continue the current cut-off of 3/15/2017 with respects to w ritten discovery; Expert Disclosure due by 5/12/2017, Supplemental expert witness disclosures by 5/26/2017; Expert Discovery completed by 6/23/2017; Non-Dispositive Motions by 6/30/2017; Dispositive Motions filed by 7/11/2017, noticed for hearing on 8/8/2017 at 1:30 PM.(Reader, L) Modified on 3/10/2017 (Reader, L).
January 30, 2017 Opinion or Order Filing 60 PROTECTIVE ORDER, signed by Magistrate Judge Michael J. Seng on 1/30/2017. (Lafata, M)
August 15, 2016 Opinion or Order Filing 57 STIPULATION and ORDER signed by District Judge John A. Mendez on 8/12/16 ORDERING that the current discovery deadlines should be EXTENDED as follows: (a) Non-expert Discovery shall be completed by 3/15/17; (b) Expert witness shall be disclosed by 3 /15/17; (c) Supplemental expert witnesses shall be disclosed by 3/29/17; and (d) Expert Discovery shall be completed by 5/26/17. The current trial and pretrial deadlines should be EXENDED as follows: (a) Non-dispositive Motions shall be filed no la ter than 6/4/17; (b) Dispositive Motions shall be filed no later than 6/27/17 and noticed for hearing on 7/25/17 at 1:30 p.m.; (c) A joint pretrial statement shall be filed on or before 9/29/17; (d) a Pretrial Conference shall be held on 10/6/17 at 10:00 a.m.; and (e) Jury trial shall be set for 12/4/17 at 9:00 a.m.(Mena-Sanchez, L)
August 9, 2016 Opinion or Order Filing 55 ORDER denying defendants' 50 Motion to Dismiss, signed by District Judge John A. Mendez on 8/8/16. These eight Defendants must file their Answers to the SAC within 20 days from the date of this order. (Kastilahn, A)
January 6, 2016 Opinion or Order Filing 43 ORDER signed by Judge John A. Mendez on 1/5/16 GRANTING in part and DENYING in part Defendants' MOTION to DISMISS Plaintiff's First, Second, Fourth and Eleventh Claims for Relief in the First Amended Complaint 16 . The Court DENIES the Def endants' MOTION to DISMISS Plaintiff's claims for due process violations against Clovis and the individual Defendants and DENIES the MOTION to Dismiss Plaintiff's request for punitive damages. If Plaintiff elects to amend any of the claims dismissed herein, she shall file her Second Amended Complaint within twenty days of the date of this Order. (Mena-Sanchez, L)
December 3, 2015 Opinion or Order Filing 41 STIPULATION and ORDER signed by Judge John A. Mendez on 12/2/15: Jury Trial RESET for 5/15/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)
November 4, 2015 Opinion or Order Filing 34 STATUS (Pre-trial Scheduling) ORDER signed by Judge John A. Mendez on 11/3/15. All dispositive motions due by 12/13/2016. Hearing on such motions shall be on 1/20/2017 at 1:30 p.m.. All discovery due by 11/4/2016. Designation of Expert Witness es due by 9/2/2016, and rebuttal expert disclosures due by 9/16/2016. The Final Pretrial Conference is set for 2/24/2017 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial is set for 4/3/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kastilahn, A)
May 27, 2015 Opinion or Order Filing 7 ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 5/26/15. (Marrujo, C)
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Defendant: City Of Clovis
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Defendant: Sanger City
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Defendant: Channon High
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Defendant: Kyle Pennington
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Defendant: Kim Pennington
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Defendant: Connie Pennington
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Defendant: Kristina Hershberger
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Defendant: Jesus Santillan
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Defendant: Angela Yambupah
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Defendant: Ralph Salazar
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Defendant: Fred Sanders
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Plaintiff: Desiree Martinez
Represented By: Kevin Gerard Little
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