McGowan et al v. County of Kern et al
Plaintiff: Mark McGowan and Deborah Blanco
Defendant: County of Kern and Clerico, Nicholas John, an individual
Case Number: 1:2015cv01365
Filed: September 3, 2015
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Sacramento
Presiding Judge: Kimberly J. Mueller
Presiding Judge: Sheila K. Oberto
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
March 19, 2020 Opinion or Order Filing 126 ORDER Directing Clerk of Court to Close the Case signed by Magistrate Judge Sheila K. Oberto on 3/18/2020. CASE CLOSED. (Jessen, A)
January 13, 2020 Opinion or Order Filing 121 JOINT STIPULATION and ORDER FOR CONTINUANCE OF CERTAIN SCHEDULED DATES; Dispositive/Non-Dispositive Motions filed by 3/2/2020, Settlement Conference currently set for 3/24/2020 is continued to 4/30/2020 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 1/13/2020. (Kusamura, W)
November 4, 2019 Opinion or Order Filing 119 STIPULATION and ORDER Settlement Conference currently set for 1/9/2020 is continued to 3/24/2020 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pretrial Conference currently set for 2/24/2020 is continued to 5/18/2020 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Jury Trial currently set for 5/5/2020 is continued to 7/14/2020 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Sheila K. Oberto on 11/4/2019. (Kusamura, W)
January 29, 2019 Opinion or Order Filing 116 ORDER GRANTING PLAINTIFFS REQUEST FOR ADDITIONAL DEPOSITIONS signed by Magistrate Judge Sheila K. Oberto on 01/28/2019. (Apodaca, P)
June 7, 2018 Opinion or Order Filing 100 ORDER GRANTING 81 Plaintiffs' Motion to Amend the Complaint signed by District Judge Dale A. Drozd on 6/7/2018. The Clerk of the Court is directed to file the proposed second amended complaint (Doc. 81-1), deemed filed as of the date of this order. (Jessen, A)
November 30, 2017 Opinion or Order Filing 99 ORDER ON JOINT STIPULATION TO VACATE MANDATORY SETTLEMENT CONFERENCE HEARING. The Settlement Conference scheduled for December 19, 2017 is hereby vacated. However, the parties are advised that the settlement conference may be re-set after the Courts decision on the motion to amend is decided. Signed by Magistrate Judge Stanley A. Boone on 11/29/2017. (Hernandez, M)
August 31, 2017 Opinion or Order Filing 95 STIPULATION and ORDER FOR CONTINUANCE OF CERTAIN SCHEDULED DATES. Expert Disclosures: 9/8/2017. Rebuttal Expert Disclosures: 9/15/2017. Expert Discovery Cutoff: 9/29/2017. Order signed by Magistrate Judge Sheila K. Oberto on 8/31/2017. (Timken, A)
August 16, 2017 Opinion or Order Filing 93 ORDER re JOINT STIPULATION FOR CONTINUANCE OF CERTAIN DATES 92 . The deadline for expert disclosures is EXTENDED to September 1, 2017. The deadline for rebuttal expert disclosures is EXTENDED to September 8, 2017. The deadline to complete exper t discovery is EXTENDED to September 29, 2017. The deadline for the parties to file non-dispositive motions is EXTENDED to October 3, 2017, to be heard on or before November 1, 2017, as previously set; and the deadline for the parties to file dispositive motions is EXTENDED to October 10, 2017, to be heard on or before November 7, 2017, as previously set. Order signed by Magistrate Judge Sheila K. Oberto on 8/16/2017. (Timken, A)
March 28, 2017 Opinion or Order Filing 80 STIPULATION and ORDER for Continuance of Certain Scheduled Dates. The Court hereby ENLARGES the time in which to file any motions or stipulations requesting leave to amend the pleadings to June 5, 2017. All other dates in the Court's "Order on Joint Stipulation for Continuance of Certain Scheduled Dates" (Docket No. 78) will remain the same. Order signed by Magistrate Judge Sheila K. Oberto on 3/28/2017. (Timken, A)
January 27, 2017 Opinion or Order Filing 78 ORDER on Joint Stipulation for Continuance of Certain Schedule Dates 77 . The Court modifies the Scheduling Order for this case as follows: Fact Discovery Cutoff August 11, 2017. Motion to Amend April 28, 2017. Expert Disclosures August 18, 201 7. Supplemental Expert Disclosures September 1, 2017. Expert Discovery Cutoff September 22, 2017. Non-Dispositive Motion Filing September 26, 2017. Non-Dispositive Motion Hearing November 1, 2017. Dispositive Motion Filing September 26, 2017. Dis positive Motion Hearing November 7, 2017. Settlement Conference set for December 19, 2017, at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Pretrial Conference set for January 22, 2018, at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for March 20, 2018, at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Sheila K. Oberto on 1/27/2017. (Thorp, J)
December 5, 2016 Opinion or Order Filing 72 ORDER DENYING 62 Defendant County of Kern's Motion to Terminate Deposition of Kern County Sheriff Deputy John Swearengin. It is further ORDERED that Plaintiffs are permitted to continue the deposition of Deputy Swearengin for no lo nger than thirty (30) minutes. The area of inquiry will be restricted to Deputy Swearengin's 2016 training relating to driving while "Code 3." If Plaintiffs exceed this area of inquiry, the County may suspend the deposition to move for a protective order pursuant to Fed. R. Civ. P 30(d)(3). If the motion is granted, the deposition will be terminated and Plaintiffs will be subject to sanctions pursuant to Fed.R. Civ. P. 30(d)(2). Order signed by Magistrate Judge Sheila K. Oberto on 12/05/2016. (Thorp, J)
November 21, 2016 Opinion or Order Filing 69 ORDER on JOINT STIPULATION for Continuances of Certain Scheduled Dates. The Court GRANTS IN PART the stipulation and MODIFIES the Scheduling Order (Doc. 49) as follows: Fact Discovery Cutoff RESET to 2/3/2017. Motion to Amend RESET to 2/17/ 2017. Expert Disclosures RESET to 2/24/2017. Rebuttal Expert Disclosures RESET to 3/10/2017. Expert Discovery Cutoff RESET to 3/31/2017. Non-Dispositive Motion Filing RESET to 4/4/2017. This modification does not change any other existing scheduling deadlines, including the Pretrial Conference and Trial dates, which remain on 7/17/2017, and 9/19/2017, respectively. Order signed by Magistrate Judge Sheila K. Oberto on 11/21/2016. (Timken, A)
October 21, 2016 Opinion or Order Filing 61 PROTECTIVE ORDER, signed by Magistrate Judge Sheila K. Oberto on 10/21/2016. (Timken, A)
October 7, 2016 Opinion or Order Filing 59 ORDER DENYING Without Prejudice Stipulated Protective Order 58 . The parties' request for approval of the Stipulated Protective Order (Doc. 58) is DENIED without prejudice to renewing the request. Order signed by Magistrate Judge Sheila K. Oberto on 10/6/2016. (Timken, A)
August 31, 2016 Opinion or Order Filing 57 STIPULATION and ORDER Regarding Deadline to File Motion to Amend. Any motions or stipulations requesting leave to amend the pleadings must be filed by no later than January 14, 2017. This modification does not change any other existing scheduling deadlines, including the pretrial conference and trial dates. Order signed by Magistrate Judge Sheila K. Oberto on 8/31/2016. (Timken, A)
May 13, 2016 Opinion or Order Filing 41 ORDER Granting Defendants' 30 32 Motions to Dismiss, signed by District Judge Dale A. Drozd on 5/12/2016. (1. Defendants' motions to dismiss are granted; and 2. Plaintiffs' first through fourth claims are dismissed without prejudice but without leave to amend.) (Gaumnitz, R)
January 13, 2016 Opinion or Order Filing 27 ORDER signed by District Judge Kimberly J. Mueller on 01/12/16 ORDERING that the 9 Request for Judicial Notice is DENIED; the 7 8 Motions to Dismiss are GRANTED; the complaint's first claim is dismissed with prejudice and without leave to amend. The second, third, fourth, and fifth claims are dismissed with leave to amend; the 7 Motion for More Definite Statement is DENIED. (Benson, A)
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Defendant: County of Kern
Represented By: Kathleen Rivera
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Defendant: Clerico, Nicholas John, an individual
Represented By: Leslie M. Dillahunty
Represented By: Kathleen Rivera
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Plaintiff: Mark McGowan
Represented By: Matthew C. Clark
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Plaintiff: Deborah Blanco
Represented By: Matthew C. Clark
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