Blanca Mendoza et al v. County of Kings, et al
| B.M., Blanca Mendoza and B. M. |
| Tim Steadman, County of Kings, A. Rivera, Blake Bursiaga, Taylor Lopes, Tr. Augustus, F. Avalos, Jose Garcia, Kevin Kurtz, N. Hunt and Co. Dobbins |
| 1:2021cv00721 |
| May 3, 2021 |
| US District Court for the Eastern District of California |
| Barbara A McAuliffe |
| Jennifer L Thurston |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 60 ANSWER with Jury Demand by Kevin Kurtz. Attorney Walls, Chester Edward added.(Walls, Chester) |
| Filing 59 SUMMONS RETURNED EXECUTED: Kevin Kurtz served on 8/4/2022, answer due 8/25/2022. (Clarke, Ty) |
Filing 58
SCHEDULING CONFERENCE ORDER signed by Magistrate Judge Barbara A. McAuliffe on 7/21/2022. Amendment to Pleadings due by 12/1/2022. Initial Disclosures due by 7/29/2022. Expert Disclosures due by 6/30/2023. Supplemental Expert Disclosures due by 7/28/2023. Non-Expert Discovery Cutoff: 4/28/2023. Expert Discovery Cutoff: 9/15/2023. Pretrial Motion Filing Deadline: 11/17/2023. Pretrial Conference set for 4/26/2024 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. Jury Trial set for 6/24/2024 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Lawrence, A)
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Filing 57
MINUTE ORDER (TEXT Only): On July 21, 2022, the Court held a Scheduling Conference. The Court and parties discussed service of the remaining defendant, Kevin Kurtz. As directed at the conference, within thirty (30) days from the date of this Order, Plaintiffs' counsel shall file a status report regarding service of the summons and complaint on Defendant Kurtz. If Plaintiffs file an executed summons, then a status report will not be required. Additionally, the parties agreed to set a schedule for this matter and a separate scheduling order will be issued. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/21/2022. (Valdez, E)
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| Filing 56 MINUTES (TEXT Only) for proceedings held via Zoom video before Magistrate Judge Barbara A. McAuliffe on 7/21/22: SCHEDULING CONFERENCE - held. Orders to follow. Counsel for Plaintiffs Blanca Mendoza and B.M.: Ty Clarke appeared by Zoom video - present. Counsel for Defendants County of Kings, Taylor Lopes, Blake Bursiaga, Tim Steadman, Cory Dobbins and Nate Hunt: Matthew Bunting appeared by Zoom video - present. Counsel for Defendants Trent Augustus and Jose Garcia: Chester Walls appeared by Zoom video - present. Counsel for Defendants Fabien Avalos and Alfred Rivera: Megan Dodd appeared by Zoom video - present. Defendant Kevin Kurtz - No appearance. Court Reporter/CD Number: off the record. (Valdez, E) |
| Filing 55 JOINT SCHEDULING REPORT by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. (Arendt, James) |
| Filing 54 CLERK'S NOTICE of DOCKET CORRECTION re #53 Scheduling Report. Please disregard filing as Attorney's office called saying it was filed in error. Updated scheduling report will be filed at a later time. (Maldonado, C) |
| Filing 53 JOINT SCHEDULING REPORT by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. (Arendt, James) |
| Filing 52 ANSWER by A. Rivera. Attorney Dodd, Megan Nicole added.(Dodd, Megan) |
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Filing 51
MINUTE ORDER (Text Only): On May 17, 2022, the Court held a status conference to discuss the status of service of the remaining Defendants. The parties informed the Court that Defendant A. Rivera has been served but has not yet appeared or contacted any attorney in the case. Counselor Dodds informed the Court that Defendant Rivera may potentially be a client based on his employment at the time of the complaint. Counsel requested 10 days to investigate whether Defendant Rivera was properly served and whether he is to be represented by counsel already appearing in this case. Plaintiff also informed the Court that Defendant Kevin Kurtz has not yet been served but Plaintiff has identified his employer and believes that service will be completed soon. Further, the Court sets a SCHEDULING CONFERENCE on July 21, 2022 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. No later than July 14, 2022, the parties shall file a joint report containing proposed discovery dates and deadlines. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will 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 5/17/2022. (Valdez, E)
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| Filing 50 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 5/17/2022: STATUS CONFERENCE HELD. Order to follow. Plaintiff Blanca Mendoza and B.M.: Counsel Ty Clark and Patrick Buelna appeared by Zoom video - present. Defendants County of Kings, Taylor Lopes, Blake Bursiaga, Cory Dobbins, Tim Steadman, and Nate Hunt: Counsel James Arendt appeared by Zoom video - present. Defendants Trent Augustus and Jose Garcia: Counsel Chester Walls appeared by Zoom video - present. Defendant Fabien Avalos: Counsel Megan Dodds appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E) |
| Filing 49 NOTICE of Disassociation of Counsel by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. (Reyes, Ashley) |
| Filing 48 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Matthew Peter Bunting for Blake Bursiaga,Matthew Peter Bunting for County of Kings,Matthew Peter Bunting for Co. Dobbins,Matthew Peter Bunting for N. Hunt,Matthew Peter Bunting for Taylor Lopes,Matthew Peter Bunting for Tim Steadman, attorney Ashley N. Reyes terminated (Arendt, James) |
| Filing 47 JOINT STATUS REPORT by B. M., Blanca Mendoza. (Clarke, Ty) |
| Filing 46 SUMMONS RETURNED EXECUTED: A. Rivera served on 3/18/2022, answer due 4/8/2022. (Clarke, Ty) |
| Filing 45 ANSWER with Jury Demand by Jose Garcia. Attorney Walls, Chester Edward added.(Walls, Chester) |
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Filing 44
MINUTE ORDER (TEXT Only): The Court has received and reviewed Plaintiffs' Status Report filed on March 15, 2022. (Doc. 22 .) Plaintiffs report that they have served limited discovery to ascertain the locations of the unserved defendants and are awaiting responses. Plaintiffs therefore request that the Court continue the Status Conference to provide them time to learn the location of the unserved defendants and to serve them. Having considered Plaintiffs' request, and good cause appearing, the Status Conference currently set for 3/17/2022 is HEREBY CONTINUED to May 17, 2022, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a joint status report no later than May 10, 2022, updating the court on the status of the unserved defendants and, if appropriate, including proposed scheduling order dates. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will 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 3/16/2022. (Valdez, E)
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| Filing 43 STATUS REPORT by B. M., Blanca Mendoza. (Buelna, Patrick) |
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Filing 42
CONSENT ORDER Granting Substitution of Attorney, signed by Magistrate Judge Barbara A. McAuliffe on 3/15/2022. Chester Edward Walls for Tr. Augustus in place of attorney Daniel Solomon Cha. (Marrujo, C)
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| Filing 41 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Tr. Augustus. (Walls, Chester) |
| Filing 40 NOTICE of APPEARANCE by Ty Clarke on behalf of B. M., Blanca Mendoza. Attorney Clarke, Ty added. (Clarke, Ty) |
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Filing 39
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Marrujo, C)
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Filing 38
MINUTE ORDER (TEXT Only): On January 19, 2022, the Court held a further status conference by video conference. The Court and parties discussed the status of service on Defendants A. Rivera, Kevin Kurtz and Jose Garcia. Plaintiffs reported being unable to identify the current employer(s) of these defendants and requested that the Court open discovery for the purpose of identifying and locating these defendants. Based on the agreement of the parties, Plaintiffs' request to open discovery is GRANTED. After further discussion with the parties, the Court opened discovery as to all parties. The parties shall complete Initial Disclosures pursuant to Federal Rule of Civil Procedure Rule 26 no later than February 4, 2022. The Court cautioned against conducting deposition discovery, and the parties shall meet and confer in advance of any deposition(s). The parties are reminded of the limits on the number of depositions in Federal Rule of Civil Procedure 30. The Court sets a FURTHER STATUS CONFERENCE on March 17, 2022, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Plaintiffs shall file a status report one week prior to the conference. Defendants also may file status reports. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will 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. (Apodaca, P)
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| Filing 37 MINUTES (Text Only) for proceedings held via Zoom video conference before Magistrate Judge Barbara A. McAuliffe on 1/19/2022: FURTHER STATUS CONFERENCE - held. Order to follow. Counsel for Plaintiffs Blanca Mendoza and B.M.: Patrick Buelna appeared by Zoom video - present. Counsel for Defendants County of Kings, Taylor Lopes, Blake Bursiaga, Co. Dobbins, Tim Steadman and N. Hunt: Ashley Reyes appeared by Zoom video - present. Counsel for Defendant Tr. Augustus: Steven Sherman appeared by Zoom telephone - present. Counsel for Defendant F. Avalos: Megan Dodd appeared by Zoom video - present. Defendants A. Rivera, Kevin Kurtz and Jose Garcia: No appearance. (Apodaca, P) |
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Filing 36
ORDER GRANTING #34 Application for Appointment of Jessica Garcia as Guardian Ad Litem for N.M., signed by Magistrate Judge Barbara A. McAuliffe on 1/13/2022. (Marrujo, C)
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| Filing 35 STATUS REPORT by B.M., Blanca Mendoza. (Buelna, Patrick) |
| Filing 34 MOTION to APPOINT GUARDIAN AD LITEM to JESSICA GARCIA for minor Plaintiff B.M by B.M.. (Attachments: #1 Proposed Order)(Buelna, Patrick) |
| Filing 33 JOINT STATUS REPORT by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. (Attachments: #1 Declaration DECLARATION OF ASHLEY N. REYES REGARDING INABILITY TO OBTAIN PLAINTIFFS' STATUS FOR JOINT STATUS REPORT PER THIS COURT'S MINUTE ORDER [DOC. 29])(Reyes, Ashley) |
| Filing 32 NOTICE of CHANGE of ADDRESS by Patrick Matthew Buelna. (Buelna, Patrick) |
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Filing 31
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Jessen, A)
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| Filing 30 ANSWER by F. Avalos. Attorney Dodd, Megan Nicole added.(Dodd, Megan) |
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Filing 29
MINUTE ORDER (Text Only): On December 2, 2021, the Court held a status conference. The court and the parties discussed the status of service on the remaining defendants. The Plaintiffs informed the court that service has gone out for Defendants Kurtz and Avalos. The Plaintiffs also informed the Court that they are still investigating the whereabouts of Defendant Garcia in order to effectuate service. Additionally, the Plaintiffs informed the Court that Defendant Rivera has been served but has not yet made an appearance. The Court also reminded Plaintiffs' counsel that pursuant to Local Rule 202, minor plaintiffs require the appointment of a guardian ad litem, which must be approved by the Court following a showing of appropriate evidence. Based on the status of the case, the Court sets a FURTHER STATUS CONFERENCE on January 19, 2022 at 9:00 am in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Status Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will 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 12/2/2021. (Valdez, E) Modified on 12/3/2021 (Valdez, E).
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| Filing 28 MINUTES (Text Only) for proceedings held via Zoom video before Magistrate Judge Barbara A. McAuliffe on 8/3/2021: SCHEDULING CONFERENCE - not held. Order to follow. Counsel for Plaintiffs Blanca Mendoza and B.M.: Ty Clarke appeared by Zoom video - present. Counsel for Defendants County of Kings, Taylor Lopes, Blake Bursiaga, Co. Dobbins, Tim Steadman, and N. Hunt: Ashley Reyes appeared by Zoom video - present. Counsel for Defendant Tr. Augustus: Daniel Cha appeared by zoom video - present. Defendants A. Rivera, Kevin Kurtz, Jose Garcia and F. Avalos: No appearance. Court Reporter/CD Number: off the record. (Valdez, E) |
| Filing 27 JOINT STATUS REPORT by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. (Reyes, Ashley) |
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Filing 26
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Jessen, A)
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| Filing 25 ANSWER with Jury Demand by Tr. Augustus.(Cha, Daniel) |
| Filing 24 ANSWER with Jury Demand by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman.(Arendt, James) |
| Filing 23 FIRST AMENDED COMPLAINT against Tr. Augustus, F. Avalos, Blake Bursiaga, County of Kings, Co. Dobbins, Jose Garcia, N. Hunt, Kevin Kurtz, Taylor Lopes, A. Rivera, Tim Steadman by B.M., Blanca Mendoza.(Buelna, Patrick) |
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Filing 22
MINUTE ORDER (TEXT Only): Due to the current status of this case, the STATUS CONFERENCE currently set for 10/07/2021 is continued to December 2, 2021, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Status Report one week prior to the conference. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will 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 9/30/2021. (Valdez, E)
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| Filing 21 JOINT STATUS REPORT by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. (Reyes, Ashley) |
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Filing 20
ORDER Construing #18 Request to Voluntarily Dismiss State Law Claims Against Defendant Augustus as a Request for Leave to Amend and Granting Same signed by District Judge Dale A. Drozd on 9/27/2021. Amended Complaint due within fourteen (14) days. (Jessen, A)
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| Filing 19 ANSWER with Jury Demand by Tr. Augustus. Attorney Cha, Daniel Solomon added.(Cha, Daniel) |
| Filing 18 NOTICE of VOLUNTARY DISMISSAL by B.M., Blanca Mendoza. (Buelna, Patrick) |
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Filing 17
STIPULATION and ORDER to Move Status Conference, signed by Magistrate Judge Barbara A. McAuliffe on 9/1/2021. Pursuant to the parties' stipulation, and cause appearing, the request to continue the Status Conference is GRANTED. The Status Conference currently set for September 2, 2021, is HEREBY CONTINUED to October 7, 2021, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. At least one (1) full week prior to the conference, the parties shall file a Joint Status Report setting forth the status of service on the remaining defendants and, if appropriate, proposed dates for scheduling this action. The parties shall appear at the conference remotely with each party connecting either via Zoom video or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID and password are confidential and are not to be shared. Appropriate court attire required. (Valdez, E)
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| Filing 16 STIPULATION and PROPOSED ORDER for Moving Status Conference by B.M., Blanca Mendoza. (Buelna, Patrick) |
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Filing 15
MINUTE ORDER (TEXT Only): On August 3, 2021, the Court convened a Scheduling Conference in this action by Zoom video. The Court and parties discussed the status of service on Defendants A. Rivera, Tr. Augustus, Kevin Kurtz, Jose Garcia and F. Avalos. Plaintiffs' counsel reported that they are attempting to determine the agencies that employed these defendants. Counsel for the Kings County defendants agreed to provide Plaintiffs' counsel with a report that may be used to identify the relevant agencies by the end of the week. The Court sets a STATUS CONFERENCE for September 2, 2021, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The purpose of the conference will be to address service of the remaining defendants in this action. The parties shall appear at the conference remotely with each party connecting either via Zoom video or Zoom telephone number. The parties will 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 8/3/2021. (Valdez, E)
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| Filing 14 MINUTES (Text Only) for proceedings held via Zoom video before Magistrate Judge Barbara A. McAuliffe on 8/3/2021: SCHEDULING CONFERENCE - not held. Order to follow. Counsel for Plaintiffs Blanca Mendoza and B.M.: Patrick Buelna and Angel Alexander appeared by Zoom video - present. Counsel for Defendants County of Kings, Taylor Lopes, Blake, Bursiaga, Co. Dobbins, Tim Steadman, and N. Hunt: Ashley Reyes appeared by Zoom video - present. Defendants A. Rivera, Tr. Augustus, Kevin Kurtz, Jose Garcia and F. Avalos: No appearance. Court Reporter/CD Number: off the record. (Valdez, E) |
| Filing 13 JOINT SCHEDULING REPORT by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. Attorney Reyes, Ashley N. added. (Reyes, Ashley) |
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Filing 12
MINUTE ORDER (TEXT Only): The parties shall appear at the SCHEDULING CONFERENCE currently set for August 3, 2021 at 8:30 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 7/15/2021. (Valdez, E)
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| Filing 11 ANSWER with Jury Demand by Blake Bursiaga, County of Kings, Co. Dobbins, N. Hunt, Taylor Lopes, Tim Steadman. Attorney Arendt, James J. added.(Arendt, James) |
| Filing 10 SUMMONS RETURNED EXECUTED: F. Avalos served on 5/18/2021, answer due 6/8/2021; Co. Dobbins served on 5/18/2021, answer due 6/8/2021; Jose Garcia served on 5/18/2021, answer due 6/8/2021; N. Hunt served on 5/18/2021, answer due 6/8/2021; Kevin Kurtz served on 5/18/2021, answer due 6/8/2021; Taylor Lopes served on 5/18/2021, answer due 6/8/2021; Tim Steadman served on 5/18/2021, answer due 6/8/2021. (Attachments: #1 Proof of Service POS Avalos, #2 Proof of Service POS Dobbins, #3 Proposed Order POS Garcia, #4 Proof of Service POS Hunt, #5 Proof of Service POS Kurtz, #6 Proof of Service POS Lopes, #7 Proof of Service POS Steadman)(Buelna, Patrick) |
| Filing 9 SUMMONS RETURNED EXECUTED: Blake Bursiaga served on 5/18/2021, answer due 6/8/2021. (Attachments: #1 Proof of Service)(Buelna, Patrick) |
| Filing 8 SUMMONS RETURNED EXECUTED: Tr. Augustus served on 5/18/2021, answer due 6/8/2021. (Attachments: #1 Proof of Service)(Buelna, Patrick) |
| Filing 7 SUMMONS RETURNED EXECUTED: A. Rivera served on 5/18/2021, answer due 6/8/2021. (Attachments: #1 Proof of Service)(Buelna, Patrick) |
| Filing 6 SUMMONS RETURNED EXECUTED: County of Kings served on 5/14/2021, answer due 6/4/2021. (Attachments: #1 Proof of Service)(Buelna, Patrick) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/3/2021 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Martin-Gill, S) |
| Filing 4 SUMMONS ISSUED as to *Taylor Lopes, A. Rivera, Tim Steadman* with answer to complaint due within *21* days. Attorney *Patrick Matthew Buelna* *Pointer & Buelna, LLP* *1901 Harrison St., Suite 1140* *Oakland, CA 94612*. (Martin-Gill, S) |
| Filing 3 SUMMONS ISSUED as to *Co. Dobbins, Jose Garcia, N. Hunt, Kevin Kurtz* with answer to complaint due within *21* days. Attorney *Patrick Matthew Buelna* *Pointer & Buelna, LLP* *1901 Harrison St., Suite 1140* *Oakland, CA 94612*. (Martin-Gill, S) |
| Filing 2 SUMMONS ISSUED as to *Tr. Augustus, F. Avalos, Blake Bursiaga, County of Kings* with answer to complaint due within *21* days. Attorney *Patrick Matthew Buelna* *Pointer & Buelna, LLP* *1901 Harrison St., Suite 1140* *Oakland, CA 94612*. (Martin-Gill, S) |
| Filing 1 COMPLAINT for Damages against Tr. Augustus, F. Avalos, Blake Bursiaga, County of Kings, Co. Dobbins, Jose Garcia, N. Hunt, Kevin Kurtz, Taylor Lopes, A. Rivera, Tim Steadman by B.M., Blanca Mendoza. Attorney Buelna, Patrick Matthew added. (Filing fee $ 402, receipt number 0972-9579867) (Attachments: #1 Civil Cover Sheet)(Buelna, Patrick) |
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