Morelos et al v. County of Stanislaus
| Yakira Morelos, Nora Morelos, J.M. and Jedidiah Morelos |
| County of Stanislaus, Derek Crowley, Chad Lewis, Joshua Sandoval, Brent Salyer, Jonathan Blount and Michael Victorino |
| 1:2018cv01034 |
| August 1, 2018 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Stanislaus |
| Stanley A Boone |
| Dale A Drozd |
| Lawrence J O'Neill |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 71
ORDER DIRECTING Clerk of Court to Close Case and Reflect Voluntary Dismissal Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, signed by Magistrate Judge Stanley A. Boone on 4/15/2020. CASE CLOSED. (Marrujo, C)
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Filing 70
STIPULATION of DISMISSAL by Jedidiah Morelos, Nora Morelos, Yakira Morelos. (Buelna, Patrick)
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Filing 69
ORDER Requiring Parties to File Dispositive Documents Within Sixty (60) Days of February 18, 2020, signed by Magistrate Judge Stanley A. Boone on 2/19/2020. (Jessen, A)
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Filing 68
MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: SETTLEMENT CONFERENCE held on 2/18/2020. Counsel for parties present. Plaintiffs, Nora Morelos, Yakira Morelos, and Jedidiah Morelos present. County Representatives, Rob Taro (Assistant County Counsel), Daniel Solish (Deputy County Counsel), and Kevin Watson (Liability and Insurance Management) present. After discussions with the Court, parties reached a verbal settlement subject to the County Board of Supervisors' approval. Terms of the settlement stated on the record by the Court. All pending dates are VACATED. Dispositional documents to be filed within 60 days. Plaintiffs' Counsel Patrick Buelna present. Defendants' Counsel Michael Mordaunt and Curtis Jimerson present. Court Reporter: ECRO. (Waldrop, A)
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Filing 67
NOTICE of Submission of Settlement Conference Statement by County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval. (Jimerson, Curtis)
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Filing 66
ORDER SETTING SETTLEMENT CONFERENCE BEFORE JUDGE KENDALL J. NEWMAN. Settlement Conference set for 2/18/2020, at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Order signed by Magistrate Judge Stanley A. Boone on 2/7/2020. (Timken, A)
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Filing 65
STIPULATION and PROPOSED ORDER for Settlement Conference by Jedidiah Morelos, Nora Morelos, Yakira Morelos. (Buelna, Patrick)
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Filing 64
ORDER UNASSIGNING DISTRICT JUDGE signed by Chief Judge Kimberly J. Mueller: Due to the inactive senior status of District Judge Lawrence J. O'Neill, this action is hereby unassigned until a new district judge is appointed. The parties are referred to the attached Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of California. (Attachments: #1 Standing Order) (Martin-Gill, S)
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Filing 63
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has reviewed preliminarily the papers filed in connection with the pending motion for summary judgment #58 and finds the matter suitable for decision on the papers pursuant to Local Rule 230(g). Accordingly, the hearing on that motion, currently set for 1/29/20, is VACATED. A written decision will issue as soon as is practicable in light of the Court's extraordinarily heavy caseload. The parties are warned that civil motions and trials set before district judges in this district are likely to experience significant delays due to judicial resource shortages. All parties are encouraged to reconsider magistrate judge consent signed by District Judge Lawrence J. O'Neill on January 23, 2020. (Munoz, I)
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Filing 62
REPLY by Jedidiah Morelos, Nora Morelos, Yakira Morelos re #61 Opposition to Motion,,. (Attachments: #1 Declaration of Patrick Buelna, #2 Exhibit 1, #3 Response to Defendants' Separate Statement of Undisputed Facts)(Buelna, Patrick)
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Filing 61
OPPOSITION by County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval to #58 Motion for Summary Judgment,,. (Attachments: #1 Defendants' Response to Plaintiffs' Separate Statement of Undisputed Facts, #2 Defendants' Separate Statement of Undisputed Facts in Opposition to Plaintiffs' Motion for Partial Summary Adjudication, #3 Declaration Declaration of Curtis Jimerson In Support of Defts' Opposition to Pltfs' Motion for Partial Summary Adjudication, #4 Proposed Order [Proposed] Order Denying Pltfs' Motion for Partial Summary Adjudication)(Jimerson, Curtis)
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Filing 60
MINUTE ORDER: (TEXT ENTRY ONLY) The Court re-sets the hearing date for the recently filed motion for summary judgment #58 for 1/29/2020 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill signed by Chief Judge Lawrence J. O'Neill on December 20, 2019. (Munoz, I)
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Filing 59
ORDER Directing the Clerk of the Court to Terminate Michael Victorino and Jonathan Blount as Defendants in This Action signed by Magistrate Judge Stanley A. Boone on 12/18/2019. (Jessen, A)
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Filing 58
MOTION FOR SUMMARY JUDGMENT by Jedidiah Morelos, Nora Morelos, Yakira Morelos. Motion Hearing set for 12/29/2020 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Declaration of Attorney Patrick Buelna, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Proposed Order, #13 Statement of Undisputed Facts)(Buelna, Patrick)
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Filing 57
STIPULATION and PROPOSED ORDER for Dismissal of Defendants Victorino and Blount With Prejudice by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino. (Jimerson, Curtis)
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Filing 56
ORDER GRANTING #46 Motion to Reopen Discovery for Purpose of Conducting Mental Examination; ORDER GRANTING #47 Motion Requiring Plaintiff Jedidiah Morelos to Appear for Mental Examination; ORDER DENYING #52 Plaintiffs' Motion to Strike; ORDER VACATING December 18, 2019 Hearing; and ORDER Directing the Clerk of the Court to Change Party Name signed by Magistrate Judge Stanley A. Boone on 12/17/2019. (Jessen, A)
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Filing 55
ANSWER with Jury Demand by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino.(Jimerson, Curtis)
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Filing 54
NOTICE of CHANGE of ADDRESS by Curtis E Jimerson. (Jimerson, Curtis)
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Filing 53
REPLY by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino re #52 Motion to Strike,. (Jimerson, Curtis)
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Filing 52
MOTION to STRIKE re #46 Motion for Miscellaneous Relief, #47 Motion for Discovery,,. by J.M., Nora Morelos, Yakira Morelos. Motion Hearing set for 12/18/2019 at 10:00 AM in Courtroom 9 (SAB) before Chief Judge Lawrence J. O'Neill. (Buelna, Patrick)
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Filing 51
REPLY by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino re #48 Opposition to Motion, #46 Motion for Miscellaneous Relief, #47 Motion for Discovery,,. (Jimerson, Curtis)
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Filing 50
SECOND AMENDED COMPLAINT against Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino by Yakira Morelos, Nora Morelos, J.M..(Buelna, Patrick)
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Filing 49
ORDER GRANTING #41 Plaintiff's Unopposed Motion for Leave to File An Amended Complaint. Order Vacating Hearing set for December 18, 2019. Signed by Magistrate Judge Stanley A. Boone on 12/10/2019. (Hernandez, M)
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Filing 48
OPPOSITION by J.M., Nora Morelos, Yakira Morelos to #46 Motion for Miscellaneous Relief, #47 Motion for Discovery,,. (Attachments: #1 Declaration of Attorney Patrick Buelna, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Buelna, Patrick)
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Filing 47
MOTION for DISCOVERY Motion for Order Requiring Plaintiff Jedidiah Morelos to Appear for Mental Examination Pursuant to FRCP 35 by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino. Motion Hearing set for 12/18/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Proposed Order Proposed Order Re Defendants' Motion for Order Requiring Plaintiff Jedidiah Morelos to Appear for a Mental Examination Pursuant to FRCP 35)(Jimerson, Curtis)
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Filing 46
MOTION to Reopen Discovery by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino. Motion Hearing set for 12/18/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Proposed Order Proposed Order Re Defendants' Motion for Leave to Reopen Discovery for the Limited Purpose of Conducting a Mental Examination Under FRCP 35)(Jimerson, Curtis)
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Filing 45
ORDER GRANTING EX PARTE APPLICATION TO SHORTEN TIME TO HEAR DEFENDANTS' MOTION TO REOPEN DISCOVERY AND MOTION FOR MENTAL EXAMINATION OF PLAINTIFF JEDIDIAH MORELOS UNDER FRCP 35 signed by Magistrate Judge Stanley A. Boone on 11/26/2019. (Gonzales, V))
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Filing 44
MOTION to SHORTEN TIME for Ex Parte Application for Order Shortening Time to Hear Motion to Reopen Discovery and Motion for Order Requiring Plaintiff Jedidiah Morelos to Submit to a Mental Examination Under FRCP 35; Declaration of Curtis Jimerson by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino. (Attachments: #1 Proposed Order Proposed Ex Parte Order Shortening Timie to Hear Defendants' Motion to Reopen Discovery and Motion for Mental Examination of Plaintiff Jedidiah Morelos Under FRCP 35, #2 Notice Defendants' Notice of Motion and Motion for Leave to Reopen Discovery for the Limited Purpose of Conducting a Mental Examination Under FRCP 35; Memo of Points & Authorities; Declaration of Curtis E. Jimerson, #3 Proposed Order Proposed Order Re Defendants' Motion for Leave to Reopen Discovery for the Limited Purpose of Conducting a Mental Examination Under FRCP 35, #4 Notice Defendants' Notice of Motion and Motion for Order Requiring Plaintiff Jedidiah Morelos to Appear for a Mental Examination Pursuant to FRCP35; Memo of Points & Authorities; Declaration of Curtis E. Jimerson, #5 Proposed Order Proposed Order Re Defendants' Motion for Order Requiring Plaintiff Jedidiah Morelos to Apear for a Mental Examination Pursuant to FRCP 35)(Jimerson, Curtis)
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Filing 43
ORDER DISCHARGING ORDER TO SHOW CAUSE. The order to show cause, filed on November 13, 2019, is HEREBY DISCHARGED. Signed by Magistrate Judge Stanley A. Boone on 11/14/2019. (Apodaca, P)
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Filing 42
DECLARATION of Patricia Martinez. (Jimerson, Curtis)
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Filing 41
MOTION to AMEND the #30 Amended Complaint by J.M., Nora Morelos, Yakira Morelos. Motion Hearing set for 12/18/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration of Attorney Patrick Buelna, #2 Exhibit 1, #3 Proposed Order)(Buelna, Patrick)
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Filing 40
ORDER REQUIRING PLAINTIFF J.M. TO SHOW CAUSE IN WRITING WHY HE SHOULD NOT BE DISMISSED AS PLAINTIFF IN THIS ACTION FOR FAILURE TO COMPLY WITH COURT ORDER IT IS HEREBY ORDERED that Plaintiff J.M. shall show cause in writing within ten (10) days of the date of service of this order why he should not be dismissed as a plaintiff in this action. Plaintiff J.M. is advised that failure to comply with this order will result in the recommend that he be terminated from this action as he is not competent to proceed and does not have an appointed representative. Signed by Magistrate Judge Stanley A. Boone on 11/13/2019. (Hernandez, M)
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Filing 39
AMENDED DOCUMENT by J.M., Nora Morelos, Yakira Morelos: Amended #38 Designation/Disclosure of Expert Witness. (Buelna, Patrick)
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Filing 38
DESIGNATION/DISCLOSURE of EXPERT WITNESS by J.M., Nora Morelos, Yakira Morelos. (Buelna, Patrick)
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Filing 37
ORDER REQUIRING Appointment of Guardian Ad Litem, signed by Magistrate Judge Stanley A. Boone on 10/31/19. Ten Day Deadline. (Marrujo, C)
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Filing 36
STIPULATION and ORDER AMENDING SCHEDULING ORDER, signed by Magistrate Judge Stanley A. Boone on 10/31/2019. IT IS HEREBY ORDERED that the December 21, 2018 scheduling order is amended as follows: The deadline for the mutual disclosure of expert witnesses and exchange of expert reports shall be extended to November 13, 2019; The deadline for mutual disclosure of supplemental expert witnesses and exchange of reports shall be extended to December 11, 2019; The deadline to complete all expert discovery shall be extended to January 17, 2020. All other aspects of the December 21, 2018 scheduling order remain in effect.(Apodaca, P)
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Filing 35
STIPULATION and PROPOSED ORDER for Extension of Deadlines by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino. (Jimerson, Curtis)
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Filing 34
ANSWER with Jury Demand by Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino. Attorney Jimerson, Curtis E added.(Jimerson, Curtis)
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Filing 33
ANSWER with Jury Demand by County of Stanislaus.(Jimerson, Curtis)
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Filing 32
ORDER re Stipulated Protective Order signed by Magistrate Judge Stanley A. Boone on 3/14/2019. (Jessen, A)
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Filing 31
STIPULATION and PROPOSED ORDER for Protective Order by J.M.. (Buelna, Patrick)
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Filing 30
FIRST AMENDED COMPLAINT against Jonathan Blount, County of Stanislaus, Derek Crowley, Chad Lewis, Brent Salyer, Joshua Sandoval, Michael Victorino by Yakira Morelos, Nora Morelos, J.M..(Buelna, Patrick)
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Filing 29
ORDER GRANTING #24 Plaintiffs Motion For Leave to File an Amended Complaint. Signed by Magistrate Judge Stanley A. Boone on 3/5/2019. IT IS HEREBY ORDERED that: Plaintiffs motion for leave to file a first amended complaint is GRANTED; Plaintiffs shall file a first amended complaint within five days of the date of entry of this order. (Hernandez, M)
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Filing 28
ORDER VACATING MARCH 6, 2019 HEARING ON PLAINTIFFS MOTION TO AMEND COMPLAINT: Accordingly, the previously scheduled hearing set on March 6, 2019 is VACATED. Signed by Magistrate Judge Stanley A. Boone on 03/04/2019. (Gonzales, V)
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Filing 27
MINUTE ORDER: (TEXT ENTRY ONLY) THE COURT RESETS THE MOTION HEARING as to #24 PLAINTIFFS MOTION to AMEND the #1 Complaint : Motion Hearing is reset for 3/6/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 2/13/2019. (Hernandez, M)
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Filing 26
STATEMENT of NON-OPPOSITION by County of Stanislaus to #24 MOTION to AMEND the #1 Complaint. (Jimerson, Curtis)
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Filing 25
PROPOSED ORDER re Leave to File Plaintiff's First Amended Complaint re #24 MOTION to AMEND the #1 Complaint by J.M., Nora Morelos, Yakira Morelos. (Buelna, Patrick)
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Filing 24
MOTION to AMEND the #1 Complaint by J.M., Nora Morelos, Yakira Morelos. Motion Hearing set for 3/7/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Attorney Patrick Buelna)(Buelna, Patrick)
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Filing 23
ORDER STRIKING PLAINTIFFS FIRST AMENDED COMPLAINT signed by Magistrate Judge Stanley A. Boone on 01/03/19. (Hernandez, M)
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Filing 22
**STRICKEN** FIRST AMENDED COMPLAINT against County of Stanislaus, Derek Crowley, Chad Lewis, Joshua Sandoval, Brent Salyer, Jonathan Blount, Michael Victorino by J.M., Yakira Morelos, Nora Morelos.(Buelna, Patrick)
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Filing 21
SCHEDULING ORDER: Initial Disclosures 1/7/2019, Non Expert Discovery 11/4/2019, Expert Disclosure 11/6/2019, Supplemental Expert Disclosure 12/4/2019, Expert Discovery 12/18/2019, Dispositive Motions filed by 12/18/2019, Pretrial Conference set for 3/20/2020 at 08:15 AM in Courtroom 4 before District Judge, Jury Trial (5-7 Days) set for 5/5/2020 at 08:30 AM in Courtroom 4 before District Judge. Signed by Magistrate Judge Stanley A. Boone on 12/21/2018. (Hernandez, M)
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Filing 20
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: INITIAL SCHEDULING CONFERENCE held on 12/21/2018. The Court to issue Scheduling Conference Order. "NOTE: "SAB Chambers procedures" email to the parties. Plaintiffs Counsel Patrick Buelna by telephone. Defendants Counsel Michael Mordaunt by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
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Filing 19
JOINT STATUS REPORT by J.M., Nora Morelos, Yakira Morelos. (Buelna, Patrick)
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Filing 18
NOTICE of APPEARANCE by Benjamin Nisenbaum on behalf of J.M., Nora Morelos, Yakira Morelos. Attorney Nisenbaum, Benjamin added. (Nisenbaum, Benjamin)
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Filing 17
ANSWER with Jury Demand by County of Stanislaus.(Jimerson, Curtis)
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Filing 16
ORDER GRANTING Defendants' #17 Request to Terminate Jamil R. Ghannan from service list, signed by Magistrate Judge Stanley A. Boone on 11/9/18. Attorney Jamil Radwan Ghannam terminated.(Martin-Gill, S)
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Filing 15
NOTICE OF ASSOCIATION OF COUNSEL AND REQUEST TO TERMINATE JAMIL R. GHANNAM FROM CASE SERVICE LIST by County of Stanislaus. Attorney Jimerson, Curtis E added. (Jimerson, Curtis)
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Filing 14
MEMORANDUM DECISION AND ORDER DENYING #5 Motion to Dismiss, signed by Chief Judge Lawrence J. O'Neill on 11/16/18. (Martin-Gill, S)
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Filing 13
MINUTE ORDER: (TEXT ENTRY ONLY) Due to the pending Motion to Dismiss, the Scheduling Conference is reset from 10/23/2018 to 12/21/2018 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 10/9/2018. (Hernandez, M)
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Filing 12
MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court has received and preliminarily reviewed the pending motion to dismiss #5 , the opposition #10 , and the reply #11 . Pursuant to Local Rule 230(g), the Court finds this matter suitable for decision on the papers. Therefore, the hearing currently set for September 27, 2018 is VACATED, and the motion is deemed submitted. Minute order signed by Chief Judge Lawrence J. O'Neill on 9/19/2018. (Timken, A)
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Filing 11
REPLY by County of Stanislaus re #10 Opposition to Motion. (Ghannam, Jamil)
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Filing 10
OPPOSITION by J.M., Nora Morelos, Yakira Morelos to #5 MOTION to DISMISS. (Buelna, Patrick)
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Filing 9
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by County of Stanislaus. (Ghannam, Jamil)
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Filing 8
CONSENT to JURISDICTION of US MAGISTRATE JUDGE by J.M., Nora Morelos, Yakira Morelos. (Buelna, Patrick)
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Filing 7
ASSOCIATION of ATTORNEY: Added attorney Michael R. Mordaunt for County of Stanislaus. (Mordaunt, Michael)
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Filing 6
CONSENT to JURISDICTION of US MAGISTRATE JUDGE by County of Stanislaus. (Ghannam, Jamil)
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Filing 5
MOTION to DISMISS by County of Stanislaus. Attorney Ghannam, Jamil Radwan added. Motion Hearing set for 9/27/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum of Points and Authorities)(Ghannam, Jamil)
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Filing 4
SUMMONS RETURNED EXECUTED: County of Stanislaus served on 8/3/2018, answer due 8/24/2018. (Buelna, Patrick)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/23/2018 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Lundstrom, T)
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Filing 2
SUMMONS ISSUED as to *County of Stanislaus* with answer to complaint due within *21* days. Attorney *Patrick Matthew Buelna* *Law Offices of John Burris* *7677 Oakport Street, Suite 1120* *Oakland, CA 94621*. (Lundstrom, T)
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Filing 1
COMPLAINT against County of Stanislaus, by J.M., Yakira Morelos, Nora Morelos. Attorney Buelna, Patrick Matthew added. (Filing fee $ 400, receipt number 0972-7790364) (Attachments: #1 Civil Cover Sheet)(Buelna, Patrick)
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