Kollin v. City of Tehachapi et al
Plaintiff: Richard William Kollin
Defendant: Amelia Thompson, Bruce Medina, Chief of Police Kent Kroeger, City of Tehachapi and Jared Mccombs
Case Number: 1:2018cv00617
Filed: May 7, 2018
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Lawrence J O'Neill
Referring Judge: Jennifer L Thurston
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2019 Filing 64 MOTION FOR SUMMARY JUDGMENT by City of Tehachapi, Kent Kroeger(in his Official Capacity), Kent Kroeger(Individually), Jared Mccombs, Bruce Medina, Amelia Thompson. Motion Hearing set for 1/30/2020 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Joint Statement of Facts & Evidence, #2 Declaration of Gary P. Dufour, #3 Exhibit Defs' 1-7 re Joint Statement & Motion, #4 Declaration of Cameron Sehat, #5 Exhibit Pl's A-J re Joint Statement, #6 Notice of Lodging/Manual Filing of Exh 5 & 6, #7 Proposed Order)(Praet, Bruce)
December 19, 2019 Filing 63 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gary Philip Dufour for City of Tehachapi,Gary Philip Dufour for Kent Kroeger,Gary Philip Dufour for Kent Kroeger,Gary Philip Dufour for Jared Mccombs,Gary Philip Dufour for Bruce Medina,Gary Philip Dufour for Amelia Thompson (Praet, Bruce)
August 2, 2019 Filing 62 DESIGNATION of COUNSEL FOR SERVICE., attorney Kyle Richard Bevan terminated (Praet, Bruce)
June 11, 2019 Opinion or Order Filing 61 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 6/11/2019: Counsel have not filed a joint statement re: the settlement conference as expressly ordered by the Court (Doc. 58), though they have filed separate statements. Defense counsel has alerted the Court that he does not believe the case is in a settlement posture. Thus, the settlement conference set for 6/12/2019 is VACATED. Counsel may jointly request the conference be reset if they agree it is likely to be fruitful. In future, counsel SHALL comply with every express order of this Court or the Court will issue sanctions. (Hall, S)
June 11, 2019 Filing 60 RESPONSE by Richard William Kollin to #59 Response, 58 Minute Order,, Set/Reset Deadlines and Hearings,. (Attachments: #1 Exhibit)(Sehat, Cameron)
June 11, 2019 Filing 59 RESPONSE by City of Tehachapi to 58 Minute Order,, Set/Reset Deadlines and Hearings,. (Bevan, Kyle)
June 5, 2019 Opinion or Order Filing 58 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 6/5/2019: The settlement conference statements make it appear the case is not in a settlement posture. No later than 6/11/2019, counsel SHALL file a joint statement indicating whether they have a good faith belief the settlement conference is likely to be fruitful. (Hall, S)
May 8, 2019 Opinion or Order Filing 57 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 5/8/2019: In light of the information contained in the joint status report that discovery efforts are proceeding appropriately, the Mid-Discovery Status Conference set for 5/10/2019 is VACATED. Counsel are reminded of their obligation to complete all discovery within the time frames set forth in the Scheduling Order. (Hall, S)
May 6, 2019 Filing 56 JOINT STATUS REPORT by Richard William Kollin. (Sehat, Cameron)
May 3, 2019 Filing 55 NOTICE of Intent to Appear Telephonically at Mid-Discovery Conference by Richard William Kollin. (Sehat, Cameron)
April 29, 2019 Filing 54 NOTICE of Intent to Appear Telephonically at Mid-Discovery Conference by City of Tehachapi. (Bevan, Kyle)
April 9, 2019 Opinion or Order Filing 53 STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 4/9/2019. (Hall, S)
April 2, 2019 Filing 52 STIPULATION and PROPOSED ORDER for Protective Order by City of Tehachapi. (Bevan, Kyle)
March 7, 2019 Opinion or Order Filing 51 ORDER GRANTING #50 Stipulation to Continue Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/7/2019. Settlement Conference CONTINUED to 6/12/2019 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)
March 6, 2019 Filing 50 STIPULATION and PROPOSED ORDER for Continuance of Settlement Conference by City of Tehachapi. (Bevan, Kyle)
February 26, 2019 Opinion or Order Filing 49 STIPULATION and ORDER #48 to Depose Inmate Plaintiff Richard William Kollin, signed by Magistrate Judge Jennifer L. Thurston on 2/26/2019. (Hall, S)
February 26, 2019 Filing 48 STIPULATION and PROPOSED ORDER for Leave to Take Deposition of Inmate Plaintiff by City of Tehachapi. (Bevan, Kyle)
February 5, 2019 Opinion or Order Filing 47 STIPULATION and ORDER #46 to Continue Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 2/5/2019. Settlement Conference CONTINUED to 6/11/2019 at 01:30 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)
February 4, 2019 Filing 46 STIPULATION and PROPOSED ORDER for Continuance of Settlement Conference by Richard William Kollin. (Attachments: #1 Proposed Order to Continue Settlement Conference Date)(Sehat, Cameron)
January 15, 2019 Filing 45 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by City of Tehachapi. (Bevan, Kyle)
January 4, 2019 Opinion or Order Filing 44 SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/4/2019. Pleading Amendment Deadline: 4/1/2019. Discovery Deadlines: Initial Disclosures 1/18/2019; Non-Expert 9/27/2019; Expert 12/4/2019. Mid-Discovery Status Conference set for 5/10/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 12/19/2019; Hearing by 1/16/2020. Dispositive Motion Deadlines: Filed by 12/19/2019; Hearing by 1/30/2020. Settlement Conference set for 5/3/2019 at 01:30 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 3/26/2020 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 6/1/2020 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Hall, S)(Hall, S)
January 4, 2019 Filing 43 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SCHEDULING CONFERENCE held on 1/4/2019. Case SCHEDULED; Court to issue Scheduling Order. Plaintiffs Counsel Cameron Sehat (telephonically) present. Defendants Counsel Kyle Bevan (telephonically) present. Court Reporter/CD Number: ECRO/FTR- Hall. (Hall, S)
December 28, 2018 Filing 42 NOTICE Of Intent To Appear Telephonically at the January 4, 2019 Scheduling Conference by Richard William Kollin. (Sehat, Cameron)
December 28, 2018 Filing 41 JOINT SCHEDULING REPORT by Richard William Kollin. (Sehat, Cameron)
December 12, 2018 Filing 40 ANSWER with Jury Demand by City of Tehachapi, Kent Kroeger(in his Official Capacity), Kent Kroeger(Individually), Jared Mccombs, Bruce Medina, Amelia Thompson.(Bevan, Kyle)
October 29, 2018 Opinion or Order Filing 39 MEMORANDUM DECISION AND ORDER RE DEFENDANTS' AMENDED MOTION TO DISMISS signed by Chief Judge Lawrence J. O'Neill on 10/29/2018. The Second Amended Complaint's second claim for relief, for Monell liability, is DISMISSED WITHOUT PREJUDICE, and the Motion to Dismiss and Amended Motion to Dismiss are DENIED AS MOOT. Documents #34 and #35 . (Gonzales, V)
October 29, 2018 Filing 38 REPLY by City of Tehachapi re #37 Statement of Non-Opposition. (Bevan, Kyle)
October 25, 2018 Filing 37 STATEMENT of NON-OPPOSITION by Richard William Kollin to #34 MOTION to DISMISS, #35 AMENDED MOTION to DISMISS amending #34 MOTION to DISMISS. (Sehat, Cameron)
October 4, 2018 Opinion or Order Filing 36 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 10/4/2018: In light of the pending motion to dismiss, the Initial Scheduling Conference set for 10/25/2018 is CONTINUED to 1/4/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)
October 3, 2018 Filing 35 AMENDED MOTION to DISMISS amending #34 MOTION to DISMISS by City of Tehachapi. Motion Hearing set for 11/15/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Bevan, Kyle)
October 3, 2018 Filing 34 MOTION to DISMISS by City of Tehachapi. Motion Hearing set for 11/15/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum, #2 Declaration of Kyle R. Bevan, #3 Proposed Order)(Bevan, Kyle)
September 21, 2018 Filing 33 SECOND AMENDED COMPLAINT against All Defendants by Richard William Kollin.(Sehat, Cameron)
August 27, 2018 Opinion or Order Filing 32 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 8/27/2018: In light of the current posture of this case, the Initial Scheduling Conference set for 9/13/2018 at 09:00 AM is CONTINUED to 10/25/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)
August 24, 2018 Opinion or Order Filing 31 MEMORANDUM DECISION AND ORDER RE DEFENDANTS' MOTION TO DISMISS, #27 . Order signed by Chief Judge Lawrence J. O'Neill on 8/24/2018. (Timken, A)
August 2, 2018 Opinion or Order Filing 30 MINUTE ORDER: (TEXT ENTRY ONLY) Having reviewed preliminarily the papers filed in connection with the pending motion to dismiss #27 , the Court has determined that the matter is amenable to resolution on the papers without oral argument pursuant to Local Rule 230(g). Accordingly, the hearing on the motion, currently set for 8/9/18, is VACATED. A written decision will issue as soon as is practicable signed by Chief Judge Lawrence J. O'Neill on August 2, 2018. (Munoz, I)
July 26, 2018 Filing 29 OPPOSITION by Richard William Kollin to #27 MOTION to DISMISS. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sehat, Cameron)
June 7, 2018 Opinion or Order Filing 28 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 6/7/2018: In light of the pending motion to dismiss, the Initial Scheduling Conference set for 8/2/2018 at 08:30 AM is CONTINUED to 9/13/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)
June 1, 2018 Filing 27 MOTION to DISMISS by City of Tehachapi, Kent Kroeger(in his Official Capacity), Kent Kroeger(Individually), Jared Mccombs, Bruce Medina, Amelia Thompson. Motion Hearing set for 8/9/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum, #2 Declaration of Kyle R. Bevan, #3 Proposed Order)(Bevan, Kyle)
June 1, 2018 Filing 26 ASSOCIATION of ATTORNEY: (Praet, Bruce)
May 24, 2018 Filing 25 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by City of Tehachapi. (Bevan, Kyle)
May 11, 2018 Filing 24 FIRST AMENDED COMPLAINT against All Defendants by Richard William Kollin.(Sehat, Cameron)
May 7, 2018 Filing 23 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/2/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C)
May 7, 2018 Filing 22 CASE TRANSFERRED IN from District of California Central; Case Number 2:18-cv-02736.
May 4, 2018 Opinion or Order Filing 21 ORDER GRANTING STIPULATION TO TRANSFER CASE VENUE TO THE EASTERN DISTRICT OF CALIFORNIA by Magistrate Judge Paul L. Abrams. IT IS HEREBY ORDERED, following stipulation of counsel, that the present case be transferred forthwith to the Eastern District of California for all further proceedings; counsel for Defendants withdraw the April 12, 2018 Motion To Dismiss For Improper Venue; and Defendants shall have 21 days from the date of this case's transfer to the Eastern District of California to file an answer or other responsive pleading. Original file, certified copy of the transfer order and docket sheet sent. (MD JS-6. Case Terminated.) (sbou) [Transferred from cacd on 5/7/2018.]
May 3, 2018 Filing 20 STIPULATION to Transfer Case to Eastern District of California, STIPULATION to Change Venue to Eastern District of California filed by Plaintiff Richard William Kollin. (Attachments: #1 Proposed Order)(Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 23, 2018 Filing 19 CERTIFICATE of Interested Parties filed by Defendants City of Tehachapi, Kent Kroeger(in his Official Capacity), Kent Kroeger(Individually), Jared Mccombs, Bruce Medina, Amelia Thompson, identifying City of Tehachapi, Jared McCombs, Bruce Medina, Amelia Thompson, COP Kent Kroeger. (Bevan, Kyle) [Transferred from cacd on 5/7/2018.]
April 23, 2018 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #16 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ch) [Transferred from cacd on 5/7/2018.]
April 23, 2018 Filing 17 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (ch) [Transferred from cacd on 5/7/2018.]
April 20, 2018 Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants City of Tehachapi, Kent Kroeger(in his Official Capacity), Kent Kroeger(Individually), Jared Mccombs, Bruce Medina, Amelia Thompson. Motion set for hearing on 7/18/2018 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Cover for Memorandum, #2 Memorandum, #3 Declaration of Kyle R. Bevan, #4 Proposed Order) (Attorney Kyle Richard Bevan added to party City of Tehachapi(pty:dft), Attorney Kyle Richard Bevan added to party Kent Kroeger(pty:dft), Attorney Kyle Richard Bevan added to party Kent Kroeger(pty:dft), Attorney Kyle Richard Bevan added to party Jared Mccombs(pty:dft), Attorney Kyle Richard Bevan added to party Bruce Medina(pty:dft), Attorney Kyle Richard Bevan added to party Amelia Thompson(pty:dft)) (Bevan, Kyle) [Transferred from cacd on 5/7/2018.]
April 17, 2018 Filing 15 PROOF OF SERVICE Executed by Plaintiff Richard William Kollin, upon Defendant Service of the Summons and Complaint were executed upon Front Desk Clerk, Cynthia Davis, in compliance with statute not specified by substituted service at business address and no service by mail was executed.Original Summons returned. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 17, 2018 Filing 14 PROOF OF SERVICE Executed by Plaintiff Richard William Kollin, upon Defendant City of Tehachapi served on 4/10/2018, answer due 5/1/2018. Service of the Summons and Complaint were executed upon Front Desk Clerk, Cynthia Davis, in compliance with statute not specified by substituted service at business address and no service by mail was executed.Original Summons returned. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 17, 2018 Filing 13 PROOF OF SERVICE Executed by Plaintiff Richard William Kollin, upon Defendant Kent Kroeger(in his Official Capacity) served on 4/10/2018, answer due 5/1/2018; Kent Kroeger(Individually) served on 4/10/2018, answer due 5/1/2018. Service of the Summons and Complaint were executed upon Front Desk Clerk, Cynthia Davis, in compliance with statute not specified by substituted service at business address and no service by mail was executed.Original Summons returned. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 17, 2018 Filing 12 PROOF OF SERVICE Executed by Plaintiff Richard William Kollin, upon Defendant Bruce Medina served on 4/10/2018, answer due 5/1/2018. Service of the Summons and Complaint were executed upon Front Desk Clerk, Cynthia Davis in compliance with statute not specified by substituted service at business address and no service by mail was executed.Original Summons returned. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 17, 2018 Filing 11 PROOF OF SERVICE Executed by Plaintiff Richard William Kollin, upon Defendant Amelia Thompson served on 4/10/2018, answer due 5/1/2018. Service of the Summons and Complaint were executed upon Front Desk Clerk Cynthia Davis in compliance with statute not specified by substituted service at business address and no service by mail was executed.Original Summons returned. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 6, 2018 Filing 10 21 DAY Summons Issued re Amended Complaint/Petition, #7 as to defendants City of Tehachapi, Kent Kroeger, Jared Mccombs, Bruce Medina, Amelia Thompson. (ch) [Transferred from cacd on 5/7/2018.]
April 6, 2018 Filing 9 TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. This action has been assigned to the calendar of Magistrate Judge Paul L. Abrams under the Civil Consent Pilot Project. The parties are reminded to review the time requirements for consent set forth in the Notice to Counsel that was issued at the time of the filing of the complaint. Plaintiff is instructed to forthwith serve a copy of this Order on all parties that have already been served with the summons and complaint, or to serve all parties with a copy of this Order at the time of service of the summons and complaint. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY [Transferred from cacd on 5/7/2018.]
April 5, 2018 Filing 8 Request for Clerk to Issue Summons on Summons Request #4 , Complaint (Attorney Civil Case Opening) #1 , Notice of Deficiency in Request to Issue Summons,, #6 filed by Plaintiff Richard William Kollin. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 5, 2018 Filing 7 First AMENDED COMPLAINT against Defendant City of Tehachapi, Does, Kent Kroeger(in his Official Capacity), Kent Kroeger(Individually), Jared Mccombs, Bruce Medina, Amelia Thompson amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Richard William Kollin(Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 4, 2018 Filing 6 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) [Transferred from cacd on 5/7/2018.]
April 4, 2018 Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Paul L. Abrams. (et) (Additional attachment(s) added on 4/4/2018: #1 CV11 form) (et). [Transferred from cacd on 5/7/2018.]
April 3, 2018 Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Richard William Kollin. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 3, 2018 Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Richard William Kollin, (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 3, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Richard William Kollin. (Sehat, Cameron) [Transferred from cacd on 5/7/2018.]
April 3, 2018 Filing 1 COMPLAINT Receipt No: 0973-21524077 - Fee: $400, filed by Plaintiff Richard William Kollin. (Attorney Cameron Sehat added to party Richard William Kollin(pty:pla))(Sehat, Cameron) [Transferred from cacd on 5/7/2018.]

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Defendant: Amelia Thompson
Represented By: Kyle Richard Bevan
Represented By: Bruce Daniel Praet
Represented By: Gary Philip Dufour
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Defendant: Bruce Medina
Represented By: Kyle Richard Bevan
Represented By: Bruce Daniel Praet
Represented By: Gary Philip Dufour
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Defendant: Chief of Police Kent Kroeger
Represented By: Kyle Richard Bevan
Represented By: Bruce Daniel Praet
Represented By: Gary Philip Dufour
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Defendant: City of Tehachapi
Represented By: Kyle Richard Bevan
Represented By: Bruce Daniel Praet
Represented By: Gary Philip Dufour
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Defendant: Jared Mccombs
Represented By: Kyle Richard Bevan
Represented By: Bruce Daniel Praet
Represented By: Gary Philip Dufour
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Plaintiff: Richard William Kollin
Represented By: Cameron Sehat
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