C. et al v. Merced City School District, et al
Duwayne C. and Regina Schindler |
Brian Meisenheimer, Oliva Zarate, Veronica Villa, Ken Cooper, Doug Collins and Merced City School District |
1:2019cv01188 |
August 29, 2019 |
US District Court for the Eastern District of California |
Dale A Drozd |
Barbara A McAuliffe |
Civil Rights: Other |
28 U.S.C. § 1331 Fed. Question |
Defendant |
Docket Report
This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.
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Filing 77 MINUTE ORDER (TEXT Only): On August 12, 2021, the parties appearing in this action filed a stipulation of dismissal with prejudice of this action. (Doc. No. #76 ). In light of the stipulated dismissal, this action is terminated by operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). This Court VACATES all pending dates and matters. The Clerk of the Court is directed to CLOSE THIS CASE. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 8/13/2021. CASE CLOSED. (Valdez, E) |
Filing 76 STIPULATION of DISMISSAL of Action in Its Entirety by Duwayne C., Regina Schindler. Attorney Elam, Henry Larry added. (Elam, Henry) |
Filing 75 DECLARATION of PROOF OF BLOCKED ACCOUNT DEPOSIT AND FUNDING OF STRUCTURED SETTLEMENT ANNUITY. (Elam, Henry) |
Filing 74 ORDER GRANTING #73 Request for Extension of Time for Plaintiff to Submit Proof of Deposit signed by Magistrate Judge Barbara A. McAuliffe on 07/26/2021. Deadline: August 9, 2021. (Flores, E) |
Filing 73 REQUEST for Extension of Time for Plaintiff to Submit Proof of Deposit by Merced City School District. (Attachments: #1 Declaration Declaration of Ashley N. Reyes In Support of Request for Extension of Time for Plaintiff to Submit Proof of Deposit of Funds)(Reyes, Ashley) |
Filing 72 ORDER GRANTING Plaintiff Duwayne C.'s Amended Petition for Minor's Compromise signed by Magistrate Judge Barbara A. McAuliffe on 6/23/2021. (Sant Agata, S) |
Filing 71 MINUTE ORDER (TEXT Only): Plaintiff's Petition for Minor's Compromise (Doc. #67 ) currently set for hearing on June 25, 2021 at 9:00 am before Magistrate Judge Barbara A. McAuliffe has been VACATED. Pursuant to Local Rule 230(g) (Fed. R. Civ. P. 78), the Court will take the motion under submission. MOTION SUBMITTED. If the Court determines that a hearing will be necessary following review of the parties papers, a hearing will be set by the Court. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 6/22/2021. (Valdez, E) |
Filing 70 ORDER DENYING #68 Request to Seal Documents as moot signed by Magistrate Judge Barbara A. McAuliffe on 6/18/2021. (Lundstrom, T) |
Filing 69 MINUTE ORDER (TEXT Only): The parties shall appear at the MOTION HEARING currently set for June 25, 2021 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 6/17/2021. (Valdez, E) |
Filing 68 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Duwayne C.. (Elam, Henry) |
Filing 67 PETITION for Minor's Compromise by Duwayne C.. (Attachments: #1 Declaration of Micha Star Liberty, #2 Declaration of Regina Schindler)(Elam, Henry) |
Filing 66 SUPPLEMENTAL BRIEF in Support of Petition for Minor's Compromise filed by Duwayne C.. (Elam, Henry) |
Filing 65 ORDER REGARDING SUPPLEMENTAL BRIEFING ON PLAINTIFF DUWAYNE C.S PETITION FOR MINORS COMPROMISE #62 ; ORDER VACATING Hearing currently set for February 12,2021 at 9:00 AM, signed by Magistrate Judge Barbara A. McAuliffe on 2/5/2021. (Supplemental Brief due on or before 02/26/2021) (Martin-Gill, S) |
Filing 64 SEALED EVENT. (Lundstrom, T) |
Filing 63 ORDER to Seal Documents #61 signed by Magistrate Judge Barbara A. McAuliffe on 1/15/2021. (Lundstrom, T) |
Filing 62 MOTION Minor's Compromise by Duwayne C.. Motion Hearing set for 2/12/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Declaration of Micha Star Liberty, #2 Declaration of Regina Schindler)(Elam, Henry) |
Filing 61 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Duwayne C.. (Elam, Henry) |
Filing 60 ORDER reassigning case signed by District Judge Dale A. Drozd on 12/18/2020. New Case No. 1:19-cv-01188-BAM.(Lundstrom, T) |
Filing 59 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Haynes, Derek) |
Filing 58 ORDER FOLLOWING SETTLEMENT; VACATING DATES AND DIRECTING PARTIES TO FILE DISPOSITIVE DOCUMENTS. Signed by Magistrate Judge Stanley A. Boone on 12/16/2020(Hernandez, M) |
Filing 57 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Elam, Henry) |
Filing 56 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: SETTLEMENT CONFERENCE held on 12/15/2020; CASE SETTLED and terms placed on the record. The Court vacates all pending dates. The parties consent to proceed before Magistrate Judge and will file consent forms by 12/17/2020. Plaintiffs Counsel Micha Liberty via video present. Defendants Counsel James Weakley and Derek Haynes via video present. Court Reporter/CD Number: ECRO P Apodaca via video. (Hernandez, M) |
Filing 55 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Weakley, James) |
Filing 54 MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 12/7/2020: (Text Only Entry) (***TIME CHANGE ONLY **) The Settlement Conference set for 12/15/2020 will now be heard at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.(Hernandez, M) |
Filing 53 NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Oliva Zarate: Confidential Settlement Conference Statement. (Haynes, Derek) |
Filing 52 MOTION to COMPEL REDACTED DECLARATION OF ASHLEY N. REYES In Support of District Defendants Motion to Compel Production of Records Pursuant to Subpoena Duces Tecum by Doug Collins, Ken Cooper, Brian Meisenheimer, Merced City School District, Veronica Villa. Motion Hearing set for 1/15/2021 at 09:00 AM in Courtroom 8 (EFB) before Magistrate Judge Barbara A. McAuliffe. (Reyes, Ashley) |
Filing 51 MOTION to COMPEL REDACTED MEOMORANDUM OF POINTS AND AUTHORITIES In Support of District Defendants Motion to Compel Production of Records Pursuant to Subpoena Duces Tecum by Doug Collins, Ken Cooper, Brian Meisenheimer, Merced City School District, Veronica Villa. Motion Hearing set for 1/15/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Reyes, Ashley) |
Filing 50 ORDER GRANTING Defendants' #46 Request to Seal Documents signed by Magistrate Judge Barbara A. McAuliffe on 12/1/2020. (Sant Agata, S) |
Filing 49 CERTIFICATE of SERVICE by Doug Collins, Ken Cooper, Brian Meisenheimer, Merced City School District, Veronica Villa re 47 Minute Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion to Compel,,. (Gustafson, Brande) |
Filing 48 ORDER GRANTING REQUEST FOR TELEPHONIC APPEARANCE. IT IS HEREBY ORDERED that Defendants request for a telephonic appearance is GRANTED. Defense counsel shall provide Olivia Zarate with the information to call into the conference via Zoom. Signed by Magistrate Judge Stanley A. Boone on 11/30/2020(Hernandez, M) |
Filing 47 MINUTE ORDER (TEXT Only): Based on District Defendants' Re-Notice of Motion (Doc. No. #45 ) and due to the press of business, the hearing on District Defendants' Motion to Compel Production of Records Pursuant to Subpoena Duces Tecum (Doc. No. #41 ) is HEREBY RESET for January 15, 2021, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. IT IS FURTHER ORDERED that District Defendants shall serve non-party Sierra Vista Child/Family Services with a copy of this minute order and file proof of such service with the Court. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/30/2020. (Valdez, E) |
Filing 46 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Doug Collins, Ken Cooper, Brian Meisenheimer, Merced City School District, Veronica Villa. (Gustafson, Brande) |
Filing 45 NOTICE Re-Notice by Doug Collins, Ken Cooper, Brian Meisenheimer, Merced City School District, Veronica Villa re #41 MOTION to COMPEL Production of Records Pursuant to Subpoena Duces Tecum from Sierra Vista Child/Family Services ("Sierra Vista"). Attorney Gustafson, Brande Lynn added. (Gustafson, Brande) |
Filing 44 REQUEST FOR TELEPHONIC APPEARANCE at the 12/15/2020 Settlement Conference hearing by Oliva Zarate. (Haynes, Derek) |
Filing 43 OPPOSITION by Duwayne C. to #41 Motion to Compel,,. Attorney Elam, Henry Larry added. (Elam, Henry) |
Filing 42 DECLARATION of AMENDED Declaration of Ashley N. Reyes in Support of District Defendants Motion to Compel Production of Records Pursuant to Subpoena Duces Tecum re #41 Motion to Compel,,. (Reyes, Ashley) |
Filing 41 MOTION to COMPEL Production of Records Pursuant to Subpoena Duces Tecum from Sierra Vista Child/Family Services ("Sierra Vista") by Doug Collins, Ken Cooper, Brian Meisenheimer, Merced City School District, Veronica Villa. Motion Hearing set for 12/4/2020 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Points and Authorities in Support of District Defendants Motion to Compel Production of Records Pursuant to Subpoena Duces Tecum, #2 Declaration of Ashley N. Reyes in Support of District Defendants Motion to Compel Production of Records Pursuant to Subpoena Duces Tecum)(Reyes, Ashley) |
Filing 40 ORDER SETTING Settlement Conference and Settlement Instructions signed by Magistrate Judge Barbara A. McAuliffe on 11/4/2020. Settlement Conference set for 12/15/2020 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.(Sant Agata, S) |
Filing 39 ORDER to Recaption Case signed by Magistrate Judge Barbara A. McAuliffe on 11/4/2020. (Sant Agata, S) |
Filing 38 STIPULATION and ORDER for Joint Request to Modify the Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 10/5/2020. Non-Expert Discovery: 2/26/2021; Designation of Expert Witnesses: 4/23/2021; Rebuttal Designation of Expert Witnesses: 5/14/2021; Expert Discovery: 6/18/2021; Dispositive Motions: 7/30/2021.(Sant Agata, S) |
Filing 37 STIPULATION and PROPOSED ORDER for Modifying the Scheduling Order re #16 Scheduling Order, by Doug Collins, Ken Cooper, Brian Meisenheimer, Merced City School District, Veronica Villa. (Attachments: #1 Declaration of Ashley N. Reyes)(Reyes, Ashley) |
Filing 36 NOTICE OF WITHDRAWAL OF APPEARANCE OF IAN HANSEN by All Plaintiffs. (Hansen, Ian) |
Filing 35 ORDER REGARDING JOINT STIPULATION TO DISMISS REGINA SCHINDLER AS AN INDIVIDUAL PLAINTIFF as to #34 , signed by Magistrate Judge Barbara A. McAuliffe on 9/4/2020. (Regina Schindler (an individual) terminated)(Martin-Gill, S) |
Filing 34 STIPULATION of DISMISSAL by Regina Schindler. (Attachments: #1 Declaration of Regina Schindler)(Hansen, Ian) |
Filing 33 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 7/1/2020. On June 26, 2020, attorney Jack Oslin of The Bloom Firm filed a #32 notice of withdrawal of lien, wherein he notes that "The Bloom Firm hereby withdraws the Notice of Lien" that attorney Osline filed on behalf of The Bloom Firm on June 4, 2020. (See Doc. No. #29 .) Accordingly, the notice of lien is withdrawn. In light of The Bloom Firm withdrawing its notice of lien, plaintiff's #30 motion to strike that notice of lien has been rendered moot and will therefore be denied. (Thorp, J) |
Filing 32 NOTICE of WITHDRAWL of LIEN by attorney Jack Oslin, former attorney for Duwayne C., Regina Schindler. (Oslin, Jack) Modified on 6/29/2020 (Coll, A). |
Filing 31 MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 6/24/2020. The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) |
Filing 30 MOTION to STRIKE re #29 Notice - Other by Duwayne C.. Motion Hearing set for 8/4/2020 at 10:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration)(Hansen, Ian) |
Filing 29 NOTICE of LIEN by attorney Jack Oslin, former attorney for Duwayne C., Regina Schindler. (Oslin, Jack) Modified on 6/26/2020 (Benson, A.). |
Filing 28 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Barbara A. McAuliffe on 04/21/2020. (Flores, E) |
Filing 27 STIPULATION and PROPOSED ORDER for Protective Order by Duwayne C.. (Hansen, Ian) |
Filing 26 NOTICE OF WITHDRAWAL OF COUNSEL JORDAN OSLIN by Duwayne C., Regina Schindler. (Oslin, Jack) |
Filing 25 MINUTE ORDER (TEXT Only): In light of the Standing Order issued on February 4, 2020 (Doc. 23), the Court SETS a pretrial conference for November 1, 2021, at 1:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are directed to file a joint pretrial statement which complies with the requirements of this Court's Local Rule 281. In addition, the joint pretrial statement should include a brief factual summary and an agreed upon neutral statement of the case. An additional copy of the joint pretrial statement, carefully prepared and executed by all counsel, shall be electronically filed in CM/ECF and shall be e-mailed in Microsoft Word format to dadorders@caed.uscourts.gov. The parties' attention is directed to this Court's Local Rules 281 and 282. The parties must identify all exhibits and witnesses, including those for rebuttal and/or impeachment purposes. No exhibit or witness other than those listed in the joint pretrial statement and included in the Pretrial Order may be used at trial. This Court will insist upon strict compliance with those rules. At the pretrial conference, the Court will set deadlines, among others, to file motions in limine, final witness lists, exhibits, jury instructions, objections, and other trial documents. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/6/2020. (Valdez, E) |
Filing 24 JOINT SCHEDULING REPORT by Duwayne C., Regina Schindler. (Oslin, Jack) |
Filing 23 STANDING ORDER in Light of Judicial Emergency in the Eastern District of California. (Flores, E) |
Filing 22 ORDER GRANTING Plaintiffs' Request to Seal Request #21 , signed by Magistrate Judge Barbara A. McAuliffe on 2/3/2020. (Orozco, A) |
Filing 21 NOTICE OF REQUEST AND PLAINTIFF'S REQUEST TO SEAL A PORTION OF JANUARY 2, 2020 JOINT SCHEDULING REPORT by Duwayne C., Regina Schindler re #13 Scheduling Report. (Attachments: #1 Stipulation to Seal Portion of Initial JSR, #2 Proposed Order)(Oslin, Jack) |
Filing 20 ASSOCIATION of ATTORNEY: (Liberty, Micha) |
Filing 19 NOTICE of APPEARANCE by Jack Jordan Oslin on behalf of Duwayne C., Regina Schindler. Attorney Oslin, Jack Jordan added. (Oslin, Jack) |
Filing 18 NOTICE of APPEARANCE by William Edward Shapiro on behalf of Duwayne C., Regina Schindler. (Shapiro, William) |
Filing 17 NOTICE of APPEARANCE by Ian Hansen on behalf of Duwayne C., Regina Schindler. Attorney Hansen, Ian added. (Hansen, Ian) |
Filing 16 SCHEDULING ORDER: Amendment to Pleadings due 1/15/2020. Initial Disclosures due 2/3/2020. Expert Disclosures due 1/22/2021. Supplemental Expert Disclosures due 2/12/2021. Non-Expert Discovery due 11/20/2020. Expert Discovery due 3/19/2021. Pretrial Motions due 4/30/2021. Order signed by Magistrate Judge Barbara A. McAuliffe on 1/9/2020. (Valdez, E) |
Filing 15 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 1/9/2020: SCHEDULING CONFERENCE held. Order to follow. Plaintiffs' Counsel Micha Liberty appeared by telephone present. Barakah Amaral appeared by telephone on behalf of Defendant Oliva Zarate present. James D. Weakley and Ashley N. Reyes appeared by telephone on behalf of Defendants Merced City School District, Ken Cooper, Veronica Villa, Brian Meisenheimer and Doug Collins present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E) |
Filing 14 MINUTE ORDER (TEXT Only): The parties are hereby notified that the dial-in number and passcode for telephonic appearances before Magistrate Judge Barbara A. McAuliffe has been updated as follows: dial-in number 1-877-411-9748; passcode 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2020. (Valdez, E) |
Filing 13 Sealed event. |
Filing 12 MINUTE ORDER (TEXT Only): Parties wishing to appear telephonically at the SCHEDULING CONFERENCE currently set for Thursday, January 9, 2020 at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/27/2019. (Valdez, E) |
Filing 11 STIPULATION and ORDER to CONTINUE Mandatory Scheduling Conference signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2019. Initial Scheduling Conference set for 1/9/2020 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Sant Agata, S) |
Filing 10 STIPULATION AND [PROPOSED] ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE by Duwayne C., Regina Schindler. (Attachments: #1 Declaration OF MICHA STAR LIBERTY IN SUPPORT OF STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE)(Liberty, Micha) |
Filing 9 STIPULATION and ORDER to Continue Mandatory Scheduling Conference signed by Magistrate Judge Barbara A. McAuliffe on 10/30/2019. Scheduling Conference set for 12/19/2019 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Flores, E) |
Filing 8 STIPULATION and [Proposed] Order to Continue Mandatory Scheduling Conference by Duwayne C., Regina Schindler. (Attachments: #1 Declaration of Micha Star Liberty in Support of Stipulation to Continue Mandatory Scheduling Conference)(Liberty, Micha) |
Filing 7 NOTICE OF WITHDRAWAL by All Defendants. Attorney Reyes, Ashley N. added. (Reyes, Ashley) |
Filing 6 MINUTE ORDER: (TEXT Only) Parties wishing to appear telephonically at the SCHEDULING CONFERENCE currently set for Tuesday, December 3, 2019 at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/3/2019. (Valdez, E) |
Filing 5 CIVIL COVER SHEET by Oliva Zarate (Haynes, Derek) |
Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/3/2019 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Sant Agata, S) |
Filing 3 CLERK'S NOTICE to Attorney Derek Haynes: Under Local Rule 3-200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Sant Agata, S) |
Filing 2 NOTICE of Notice to Adverse Party by OLIVIA ZARATE re #1 Notice of Removal. (Haynes, Derek) |
Filing 1 NOTICE of REMOVAL from Merced County Superior Court, case number 18CV-02595 by OLIVIA ZARATE. (Attachments: #1 Declaration of Barakah M. Amaral)(Haynes, Derek) |
RECEIPT number 0972-8433931 for $400.00 fbo Olivia Zarate from Derek Joseph Haynes. (Jessen, A) |
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