Estate of Christopher McDaniel, et al. v. County of Kern, et al.
| Estate of Christopher McDaniel, Cameron McDaniel, Gunner McDaniel and Damon McDaniel |
| Jeffrey Kelley, County of Kern, Aaron Warmerdam and Kern County Sheriff's Department |
| 1:2015cv01320 |
| August 28, 2015 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Kern |
| John A Mendez |
| Jennifer L Thurston |
| P.I.: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 63
STIPULATION and ORDER signed by District Judge John A. Mendez on 5/29/2018 ORDERING that the entire action, including all claims and counterclaims against all parties, is DISMISSED with prejudice. CASE CLOSED. (Zignago, K.)
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| Filing 62 STIPULATION of DISMISSAL by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) |
| Filing 61 MINUTE ORDER: On December 7, 2017, the Court entered its Amended Order On Stipulated Petition For Approval Of Minors Compromise Of Claims, which directed the parties to submit proof of funding of the parties settlement annuity within 60 days. Plaintiffs counsel was ordered to submit dismissal of all claims against the Defendants with prejudice within 5 days after proof of the settlement annuity was submitted to the Court. ECF No. 58. On April 23, 2018, upon further Court Order [ECF No. 59], the parties provided the Court with proof of the above-referenced annuity. ECF No. 60. Plaintiffs counsel, however, has failed to submit dismissal of all claims against the Defendants with prejudice. Plaintiffs counsel is ordered to submit such dismissal by May 24, 2018.(TEXT ENTRY ONLY)(Vine, H) |
| Filing 60 NOTICE OF LODGING DOCUMENT IN PAPER by Gunner McDaniel: Notice of Lodging Proof of Purchase of Annuity. (Attachments: #1 Exhibit A)(Jones, Nichelle) Modified on 4/24/2018 (Reader, L). |
| Filing 59 MINUTE ORDER: On December 7, 2017, the Court entered its Amended Order On Stipulated Petition For Approval Of Minors Compromise Of Claims, which directed the parties to submit proof of funding of the parties settlement annuity within 60 days. ECF No. 58. The parties have failed to submit proof of the above-referenced annuity. Accordingly, the parties are ordered to provide the Court with proof of the above-referenced annuity by April 27, 2018. (TEXT ENTRY ONLY) (Vine, H) |
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Filing 58
AMENDED #56 ORDER FOR APPROVAL OF MINOR'S CLAIMS signed by District Judge John A. Mendez on 12/6/2017. Total Settlement in the amount of $225,000 is APPROVED. The parties shall submit proof of the funding of the above-referenced annuity to the Court within 60 days. All claims against the Defendants will be dismissed with prejudice by a separate order to be submitted by the parties. Plaintiffs counsel will submit such dismissal within 5 days after (a) payment of the agreed settlement amount is made; and (b) the required proof outlined in paragraph B. has been submitted to the Court. (Hunt, G)
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| Filing 57 DECLATION and PROPOSED AMENDED ORDER re #55 and #56 Order to Approve Compromise of Minor's Claim (Attachments: #1 Proposed Amended Order) (Jones, Nichelle) Modified on 12/6/2017 (York, M). |
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Filing 56
ORDER FOR APPROVAL OF MINOR'S CLAIMS signed by District Judge John A. Mendez on 11/27/17. Total Settlement in the amount of $225,000 is APPROVED. The parties shall submit proof of the funding of the above-referenced annuity to the Court within sixty (60) days; and, All claims against the Defendants will b e dismissed with prejudice by a separate order to be submitted by the parties. Plaintiffs counsel will submit such dismissal within five (5) days after (a) payment of the agreed settlement amount is made; and (b) the required proof outlined in paragraph B. has been submitted to the Court.(Mena-Sanchez, L)
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| Filing 55 PETITION for Approval of Minor's Compromise by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Attachments: #1 Exhibit A)(Jones, Nichelle) Modified on 11/21/2017 (Kaminski, H). |
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Filing 54
NOTICE OF CONDITIONAL SETTLEMENT AND ORDER signed by District Judge John A. Mendez on 10/26/17. The 11/6/17 trial date is VACATED. The Stipulated Petition for Approval of Compromise of Minor's Claims shall be filed on or before 11/21/17 and the hearing, if necessary shall take place on 12/5/17 at 1:30 p.m. in Courtroom 6 of the Robert T. Matsui Courthouse. A new trial date s hall be set only in the event of failure of the conditions of settlement. (Mena-Sanchez, L)
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| Filing 53 NOTICE of SETTLEMENT by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) |
| Filing 52 MINUTE ORDER: re #50 Objections - The Court is in receipt of Defendants Objections to the Pretrial Conference Order. ECF No. 50. Defendants objections are OVERRULED; the Court will not phase portions of the trial as Defendants request and trial will proceed as outlined in the Pretrial Conference Order, ECF No. 47. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 51 MINUTE ORDER: re #49 Ex Parte Application - The Court DENIES Plaintiffs Ex Parte Application for an Order to Continue Trial. Plaintiffs have failed to demonstrate good cause for the request to continue the trial date an additional six months. See Fed. R. Civ. P. 16. At the pre-trial conference, Plaintiffs failed to inform the Court of a potential conflict when the Court confirmed November 6, 2017, as the definitive date for trial. Further, this Courts Scheduling Order and Federal Rule of Civil Procedure 16(e) require an attorney who will try the case to attend the pretrial conference. ECF No. 19 at 4. Plaintiffs have not provided any reason why Ms. Jonescounsel present for Plaintiffs at the pre-trial conferenceis unable try the case; through her attendance, Plaintiffs have already assured the Court of her equal familiarity with the case and equal authorization to make commitments on behalf of the clients. See ECF No. 19 at 4. For these reasons, trial remains set for November 6, 2017. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 50 OBJECTIONS by Defendants County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam to #47 Pretrial Order. (Rivera, Kathleen) |
| Filing 49 EX PARTE APPLICATION to continue trial by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel for Continue Trial. (Attachments: #1 Declaration of Michael J. Curls)(Jones, Nichelle) Modified on 10/19/2017 (Zignago, K.). |
| Filing 48 TRANSCRIPT of Pretrial Conference held on October 6, 2017, before District Judge John A. Mendez, filed by Court Reporter Kacy Barajas, E-mail kbarajas.csr@gmail.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 11/6/2017. Redacted Transcript Deadline set for 11/16/2017. Release of Transcript Restriction set for 1/16/2018. (Barajas, K) |
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Filing 47
PRETRIAL CONFERENCE ORDER signed by District Judge John A. Mendez on 10/6/17: Trial will commence on or about November 6, 2017, at 9:00 a.m. (Kaminski, H)
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| Filing 46 TRANSCRIPT REQUEST by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam for proceedings held on 10/06/2017 before Judge John A. Mendez. Court Reporter Kacy Barajas. (Rivera, Kathleen) |
| Filing 45 MINUTES (Text Only) for proceedings before District Judge John A. Mendez: PRETRIAL CONFERENCE held on 10/6/2017. Jury trial of 11/6/2017 confirmed. Court to issue pretrial order. Plaintiffs Counsel N. Jones present. Defendants Counsel K. Rivera present. Court Reporter: K. Barajas. (Vine, H) |
| Filing 44 MINUTE ORDER: Due to the unexpected unavailability of the Court, the 9/29/2017 pretrial conference is ordered reset to 10/6/2017 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 43 JOINT PRETRIAL STATEMENT by Plaintiffs Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel.(Jones, Nichelle) Modified on 9/25/2017 (Kaminski, H). |
| Filing 42 MINUTE ORDER: As a reminder, the Courts Status (pre-trial scheduling) order requires that the parties e-file a joint pretrial statement no later than 7 days prior to the conference. The pretrial conference is set for September 29, 2017 at 10:00 a.m. which requires the joint pretrial statement to be e-filed no later than September 22, 2017.The parties are reminded that the entire statement, including any attachments or exhibits is to be e-mailed in word format to the Court's Judicial Assistant, Ms. Jane Klingelhoets, at the following e-mail address: jklingelhoets@caed.uscourts.gov (TEXT ENTRY ONLY) (Vine, H) |
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Filing 41
STIPULATION and ORDER signed by District Judge John A. Mendez on 7/14/17, ORDERING that the Pretrial Conference is CONTINUED to 9/29/2017 at 10:00 AM, and the Jury Trial is CONTINUED to 11/6/2017 at 09:00 AM, BOTH in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)
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| Filing 40 STIPULATION and PROPOSED ORDER for Continue Trial and Pre-Trial Conference by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) |
| Filing 39 MINUTE ORDER: At the request of counsel, and GOOD CAUSE APPEARING, the 7/14/2017 pretrial conference and the 8/14/17 jury trial date are vacated, to be reset by separate order. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 38 PRETRIAL STATEMENT by Defendants County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam.(Rivera, Kathleen) |
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Filing 37
STIPULATION and ORDER signed by District Judge John A. Mendez on 6/13/20107 ORDERING: the parties joint pretrial statement shall be filed on or before 7/7/2017; the Pretrial Conference CONTINUED to 7/14/2017 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; and the Jury Trial CONTINUED to 8/14/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Washington, S)
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| Filing 36 STIPULATION and PROPOSED ORDER for Continuance of the Pre Trial Conference and Trial re Minute Order (ECF No. 34), by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) Modified on 6/14/2017 (Kastilahn, A). |
| Filing 35 STIPULATION and PROPOSED ORDER to Continue Pre Trial Conference by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) |
| Filing 34 MINUTE ORDER: Due to a change in the Courts availability, the pretrial conference now set for June 23, 2017 is ordered reset to Friday, June 30, 2017 at 11:00 a.m. The parties joint pretrial statement shall be due on June 16, 2017. (TEXT ENTRY ONLY)(Vine, H) |
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Filing 33
STIPULATION and ORDER signed by District Judge John A. Mendez on 3/30/17 ORDERING that the Scheduling Order #31 is amended as follows: Fact Discovery Cut-Off: 4/21/2017, Expert Disclosure: 5/1/2017, Supplemental Expert Disclosure: 5/15/2017, Expert Discovery Cut-Off: 5/22/2017. (Kastilahn, A)
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| Filing 32 STIPULATION and PROPOSED ORDER to Augment #31 Scheduling Order by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) Modified on 4/4/2017 (Zignago, K.). |
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Filing 31
STIPULATION and ORDER signed by District Judge John A. Mendez on 12/12/17: Designation of Expert Witnesses due by 2/13/2017. Discovery due by 1/31/2017. Dispositive Motions filed by 4/18/2017. Final Pretrial Conference set for 6/23/2017 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial set for 8/7/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kaminski, H)
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| Filing 30 STIPULATION and PROPOSED ORDER for Augment Scheduling Order by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) Modified on 12/13/2016 (Zignago, K.). |
| Filing 29 STIPULATION and PROPOSED ORDER for Augment Scheduling #28 Order. (Jones, Nichelle) Modified on 12/9/2016 (Becknal, R). |
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Filing 28
ORDER signed by District Judge John A. Mendez on 10/18/2016 ORDERING Dispositive Motions filed by 1/24/2017, Hearing on dispositive motions by 2/21/2017 at 1:30 PM; Discovery due by 12/6/2016; Expert Disclosure due by 12/13/2016; Supplemental Expert Disclosure by 12/27/2016; Expert Discovery by 1/3/2017; Joint Pretrial Statement by 3/17/2017; Final Pretrial Conference Reset for 3/24/2017 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; and Trial Reset for 5/1/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)
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| Filing 27 STIPULATION and [PROPOSED] ORDER to Augment Scheduling Order by Plaintiffs. (Jones, Nichelle) Modified on 10/13/2016 (Mena-Sanchez, L). |
| Filing 26 JOINT STATUS REPORT by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam. (Rivera, Kathleen) |
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Filing 25
STIPULATION and ORDER TO AUGMENT SCHEDULING ORDER signed by District Judge John A. Mendez on 7/29/16. Expert Disclosure due by 10/14/2016. Supplemental disclosure by 10/28/16. Expert Discovery Cut-Off by 11/4/2016. (Mena-Sanchez, L)
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| Filing 24 STIPULATION and PROPOSED ORDER re #19 Scheduling Order, by Estate of Christopher McDaniel, Cameron McDaniel, Damon McDaniel, Gunner McDaniel. (Jones, Nichelle) Modified on 8/1/2016 (Kaminski, H). |
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Filing 23
STIPULATED PROTECTIVE ORDER signed by Judge John A. Mendez on 12/15/2015. (Zignago, K.)
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| Filing 22 STIPULATION and PROPOSED PROTECTIVE ORDER by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam. (Fontes, Marshall) Modified on 12/16/2015 (Michel, G.). |
| Filing 21 ANSWER with Jury Demand by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam.(Fontes, Marshall) |
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Filing 20
ORDER signed by Judge John A. Mendez on 11/17/2015 GRANTING IN PART and DENYING IN PART Defendant's #10 Motion to Dismiss. (Zignago, K.)
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Filing 19
STATUS PRETRIAL SCHEDULING ORDER signed by Judge John A. Mendez on 10/28/2015 ORDERING Dispositive Motions filed by 11/15/2016, Hearing on such motions shall be on 12/13/2016 at 1:30 PM; Discovery due by 10/7/2016; Disclosure of Expert Witnesses due by 8/5/2016; Supplemental disclosure and disclosure of any rebuttal experts by 8/19/2016; Final Pretrial Conference set for 1/20/2017 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; and Jury Trial set for 2/27/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Reader, L)
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| Filing 18 JOINT SCHEDULING REPORT by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam. (Fontes, Marshall) |
| Filing 17 MINUTE ORDER: The hearing on the motion(s) now calendared for October 21, 2015 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 16 REQUEST for JUDICIAL NOTICE by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam in re #15 Reply. (Fontes, Marshall) |
| Filing 15 REPLY by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam re #14 Opposition to Motion,. (Fontes, Marshall) |
| Filing 14 OPPOSITION by Cameron McDaniel, Damon McDaniel, Gunner McDaniel, The Estate of Christopher McDaniel to #10 MOTION to DISMISS. (Attachments: #1 Declaration Declaration of Nichelle D. Jones, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)(Jones, Nichelle) |
| Filing 13 CERTIFICATE of SERVICE by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam re #9 Civil New Case Documents for JAM. (Fontes, Marshall) |
| Filing 12 CORRECTED NOTICE OF MOTION to DISMISS by Defendants. Motion Hearing is SET for 10/21/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fontes, Marshall) Modified on 9/9/2015 (Mena-Sanchez, L). |
| Filing 11 REQUEST for JUDICIAL NOTICE by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Aaron Warmerdam in re #10 Motion to Dismiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 and 4)(Fontes, Marshall) |
| Filing 10 MOTION to DISMISS by County of Kern, Aaron Warmerdam. Motion Hearing set for 10/21/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fontes, Marshall) |
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Filing 9
ORDER REQUIRING JOINT STATUS REPORT (Attachments: #1 Order re Filing Requirements) (Donati, J)
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| Filing 8 CLERK'S NOTICE (text only): This case has been assigned to Judge John A. Mendez. The new case number is 1:15-cv-01320-JAM-JLT. (Jessen, A) |
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Filing 7
MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 9/1/2015: Plaintiffs declined #5 to consent to Magistrate Judge jurisdiction for all proceedings in this action. Accordingly, the Clerk of Court is DIRECTED to assign a District Judge (Sacramento) to this action. (Hall, S)
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Filing 6
MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 8/31/2015: Pursuant to the Court's Order Assigning this Action to a Sacramento District Judge (Doc. 4-1), counsel SHALL discuss the issue of consenting to Magistrate Judge jurisdiction with their clients and SHALL file a consent/decline form no later than 9/18/2015. The Status Conference re Consent / Initial Scheduling Conference set for 12/14/2015 at 08:30 AM is VACATED. (Hall, S)
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| Filing 5 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Cameron McDaniel, Damon McDaniel, Gunner McDaniel, The Estate of Christopher McDaniel. (Jones, Nichelle) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Status Conference re Consent / Initial Scheduling Conference set for 12/14/2015 at 08:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Order Assigning Action to Sac DJ, #2 Consent Form, #3 VDRP) (Lundstrom, T) |
| Filing 3 NOTICE of Compliance with 28 U.S.C. 1446(d) by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Jeffrey Warmerdam. (Fontes, Marshall) |
| Filing 2 CIVIL COVER SHEET by County of Kern, Jeffrey Kelley, Kern County Sheriff's Department, Jeffrey Warmerdam (Fontes, Marshall) |
| Filing 1 NOTICE of REMOVAL from Kern County Superior Court, case number S-1500-CV-284444 SPC by All Defendants. (Filing fee $ 400, receipt number 0972-6054106) (Fontes, Marshall) |
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