Eaton v. Siemens et al
| Rick Eaton |
| Mark J Siemens, City of Rocklin and Carlos A. Urrutia |
| 2:2007cv00315 |
| February 16, 2007 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K Delaney |
| Morrison C England |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on October 8, 2015. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 268 SATISFACTION of JUDGMENT as to Docket #s #265 and #266 by City of Rocklin, Mark J Siemens, Carlos A. Urrutia. (Scheidt, Bruce) |
| Filing 267 ABSTRACT OF JUDGMENT ISSUED re #265 Bill of Costs Taxed, #266 USCA Judgment. (Michel, G) |
| Filing 266 USCA JUDGMENT as to #259 Notice of Appeal, The decision of the District Court is Affirmed. (Waggoner, D) |
| Filing 265 BILL OF COSTS TAXED in amount of $ 38,414.29 against Rick Eaton. (Becknal, R) |
| Filing 264 USCA MEMORANDUM as to #259 Notice of Appeal filed by Rick Eaton; Decision of District Court is AFFIRMED. (Zignago, K.) |
| Filing 263 CERTIFICATION OF NO TRANSCRIPT re #259 Notice of Appeal by Rick Eaton. (Coleman, Mary-Alice) Modified on 7/10/2012 (Michel, G). |
| Filing 262 USCA CASE NUMBER 12-16366 for #259 Notice of Appeal filed by Rick Eaton. (Zignago, K.) |
| Filing 261 APPEAL PROCESSED to Ninth Circuit for #259 Notice of Appeal filed by plaintiff Rick Eaton. Filed dates for Notice of Appeal *6/8/2012*, Complaint *2/16/2007* and Appealed Order / Judgment *5/11/2012*. Court Reporter: *ECRO - Matt Caspar / Jonathan Anderson*. *Fee Status: Paid on 6/8/2012 in the amount of $455.00* ** (Attachments: #1 Appeal Information) (Marciel, M) |
| Filing 259 NOTICE of APPEAL by Rick Eaton. (Murray, Lawrence) |
| RECEIPT number #CAE200045073 $455.00 fbo Rick Eaton by Jonathan Wong on 6/8/2012. (Kaminski, H) |
| Filing 258 BILL of COSTS SUBMITTED by City of Rocklin, Mark J Siemens, Carlos A. Urrutia. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Bruce A. Scheidt)(Scheidt, Bruce) |
Filing 257
JUDGMENT dated *5/11/12* entered pursuant to order signed by Judge Morrison C. England, Jr., on 5/10/12. (Kastilahn, A)
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Filing 256
MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr., on 5/10/12 ORDERING that Defendants' motion for judgment on the pleadings is GRANTED. The clerk of the court is directed to close this case. CASE CLOSED (Kastilahn, A)
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| Filing 255 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion for Judgment on the Pleadings #248 , scheduled for hearing on 4/19/2012, is submitted without oral argument. The hearing date of 4/19/2012 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.(Deutsch, S) |
| Filing 254 SUPPLEMENTAL REQUEST for JUDICIAL NOTICE by City of Rocklin, Mark J Siemens, Carlos A. Urrutia in re #248 Motion for Judgment. (Scheidt, Bruce) Modified on 4/17/2012 (Zignago, K.). |
| Filing 253 REPLY by City of Rocklin, Mark J Siemens, Carlos A. Urrutia re #252 Opposition to Motion. (Scheidt, Bruce) |
| Filing 252 OPPOSITION by Rick Eaton to #248 Motion for Judgment on the Pleadings. (Murray, Lawrence) |
| Filing 251 PROPOSED ORDER granting #248 Motion for Judgment on the pleadings. (Scheidt, Bruce) Modified on 3/23/2012 (Michel, G). |
| Filing 250 REQUEST for JUDICIAL NOTICE re #248 Motion for Judgment on the pleadings; #249 Memorandum of Points and Authorities by City of Rocklin, Mark J. Siemens, Carlos A. Urrutia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10-Part 1, #11 Exhibit 10-Part 2, #12 Exhibit 10-Part 3, #13 Exhibit 10-Part 4, #14 Exhibit 11, #15 Exhibit 12) (Scheidt, Bruce) Modified on 3/23/2012 (Michel, G). |
| Filing 249 MEMORANDUM of POINTS and AUTHORITIES in SUPPORT of #248 Motion for Judgment on the pleadings by City of Rocklin, Mark J. Siemens, Carlos A. Urrutia. (Scheidt, Bruce) Modified on 3/23/2012 (Michel, G). |
| Filing 248 MOTION for JUDGMENT on the Pleadings by City of Rocklin, Mark J. Siemens, Carlos A. Urrutia. Motion Hearing SET for 4/19/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Scheidt, Bruce) Modified on 3/23/2012 (Michel, G). |
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Filing 247
MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 3/7/12 ORDERING the court, in its discretion, hereby GRANTS Defendants' motion for leave to file a motion for judgment on the pleadings. Defendants are granted fifteen (15) days from the date of this order to file a motion for judgment on the pleadings. Plaintiff is granted fifteen (15) days from the date of service of Defendants' motion for Judgment on the pleadings to file a response thereto. Defendant may, but is not required to, file a reply within seven (7) days of the date of receipt of Defendants motion. (Becknal, R)
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Filing 246
ORDER signed by Judge Morrison C. England, Jr. on 2/27/2012 DENYING #239 Motion to file a second Motion for Summary Judgment. (Michel, G)
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| Filing 245 MEMORANDUM of Points and Authorities by defendants in reply to plaintiff's #243 Opposition to Motion for permission to file Motion for Judgment on the Pleadings. (Scheidt, Bruce) Modified on 2/16/2012 (Marciel, M). |
| Filing 244 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion for Permission to File Motion for Judgment on the Pleadings #239 , scheduled for hearing on 2/23/2012, is submitted without oral argument. The hearing date of 2/23/2012 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.(Deutsch, S) |
| Filing 243 OPPOSITION by Rick Eaton to #239 Motion for permisson to file a Motion for Judgment on the Pleadings. (Attachments: #1 Proof of Service) (Ashworth, James) Modified on 2/14/2012 (Marciel, M). |
| Filing 242 PROPOSED ORDER re #239 Motion. (Scheidt, Bruce) |
| Filing 241 REQUEST for JUDICIAL NOTICE by City of Rocklin, Mark J Siemens, Carlos A. Urrutia in re #240 Memorandum in Support of Motion, #239 Motion for Miscellaneous Relief. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10-Part 1, #11 Exhibit 10-Part 2, #12 Exhibit 10-Part 3, #13 Exhibit 10-Part 4)(Scheidt, Bruce) Modified on 1/25/2012 (Matson, R). |
| Filing 240 MEMORANDUM by City of Rocklin, Mark J Siemens, Carlos A. Urrutia in SUPPORT of #239 MOTION for Permission to File a Motion for Judgment on the Pleadings Due to Change of Law. (Scheidt, Bruce) Modified on 1/25/2012 (Matson, R). |
| Filing 239 MOTION for permission to file a Motion for Judgment on the Pleadings due to change of law by defendants. Motion Hearing set for 2/23/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Scheidt, Bruce) Modified on 1/25/2012 (Matson, R). |
| Filing 238 MINUTE ORDER (Text Only) issued by CRD S. Deutsch for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion for Permission to File Second Motion for Summary Judgment #229 , scheduled for hearing on 12/15/2011, is submitted without oral argument. The hearing date of 12/15/2011 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.(Deutsch, S) |
| Filing 237 REPLY by City of Rocklin, Mark J Siemens, Carlos A. Urrutia in support of #229 Motion for Permission to file a second Motion for Summary Judgment. (Scheidt, Bruce) |
| Filing 236 PROOF OF SERVICE by Rick Eaton re #235 Opposition to Motion. (Coleman, Mary-Alice) Modified on 12/2/2011 (Kaminski, H). |
| Filing 235 OPPOSITION by Rick Eaton to #229 MOTION for Permission to file a second Motion for Summary Judgment. (Coleman, Mary-Alice) |
| Filing 234 REQUEST for JUDICIAL NOTICE by Rick Eaton in re #229 Motion. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proof of Service)(Coleman, Mary-Alice) Modified on 12/2/2011 (Kaminski, H). |
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Filing 233
SCHEDULING ORDER signed by Judge Morrison C. England, Jr. on 10/24/11 ORDERING that: Final Pretrial Conference is set for 01/10/13 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. with a joint statement due 12/20/12; evidentiary or procedural motions are to be filed by12/20/12, oppositions due 12/27/12 and any reply due 01/03/13 with the motions being heard at the same time as the Final Pretrial Conference; Jury Trial set for 03/11/13 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. with trial briefs due 12/27/12. (Benson, A.)
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| Filing 232 PROPOSED ORDER re #229 Motion for Permission to file a second Motion for Summary Judgment. (Scheidt, Bruce) Modified on 10/25/2011 (Michel, G). |
| Filing 231 CERTIFICATE of SERVICE re #229 Motion for Permission to file a second Motion for Summary Judgment, #230 Memorandum, #232 Proposed Order by City of Rocklin, Mark J Siemens, Carlos A. Urrutia. (Scheidt, Bruce) Modified on 10/25/2011 (Michel, G). |
| Filing 230 MEMORANDUM in SUPPORT of #229 Motion for Permission to file a second Motion for Summary Judgment by City of Rocklin, Mark J. Siemens, Carlos A. Urrutia. (Scheidt, Bruce) Modified on 10/25/2011 (Michel, G). |
| Filing 229 MOTION for Permission to file a second Motion for Summary Judgment by City of Rocklin, Mark J Siemens, Carlos A. Urrutia. Motion Hearing SET for 12/15/11 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. (Scheidt, Bruce) Modified on 10/25/2011 (Michel, G). |
| Filing 228 SECOND AMENDED JOINT STATUS REPORT by City of Rocklin, Mark J Siemens, Carlos A. Urrutia. (Scheidt, Bruce) Modified on 10/6/2011 (Michel, G). |
| Filing 227 AMENDED UPDATED JOINT STATUS REPORT. (Scheidt, Bruce) Modified on 9/12/2011 (Becknal, R). |
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Filing 226
ORDER by Chief Judge Anthony W. Ishii: Due to the retirement of Senior Judge *Frank C. Damrell, Jr.,* this action is reassigned to *Judge Morrison C. England, Jr* for all further proceedings. (Waggoner, D)
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| Filing 225 JOINT STATUS REPORT by City of Rocklin, Mark J Siemens, Carlos A. Urrutia. (Scheidt, Bruce) |
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Filing 224
ORDER by Chief Judge Anthony W. Ishii: Due to the recent appointment of Magistrate Judge Carolyn K Delaney to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Edmund F. Brennan for all further proceedings. (Davis, D)
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| Filing 223 MINUTE ORDER issued by CRD M. Krueger for Judge Frank C. Damrell, Jr on 7/22/2011: Pursuant to the Mandate from the Ninth Circuit #222 AFFIRMING the Court's decision, the Court hereby Orders the parties to file an updated Joint Status Report on or before August 22, 2011. (TEXT ONLY) (Krueger, M) |
| Filing 222 MANDATE of USCA ORDERING the judgment entered 5/4/11 takes effect this date. (Matson, R) |
| Filing 221 USCA MEMORANDUM as to #203 Notice of Appeal filed by Carlos A. Urrutia, City of Rocklin, Mark J Siemens. Decision of district court is AFFIRMED. (Zignago, K.) |
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Filing 220
ORDER by Chief Judge Anthony W. Ishii: Due to the elevation of Magistrate Judge Kimberly J. Mueller to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Edmund F. Brennan*. (Waggoner, D)
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Filing 219
MEMORANDUM and ORDER granting #209 Motion to Stay signed by Judge Frank C. Damrell, Jr on 6/30/10.(Kaminski, H)
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| Filing 218 MINUTE ORDER by Relief CRD Judy Streeter for Judge Frank C. Damrell, Jr. on 5/10/2010: Because the Court has not been informed by plaintiff that the Ninth Circuit has rendered a decision on his motion to dismiss defendants' appeal, the Court further continues the hearing on defendants' Motion to Stay the instant action pending their appeal #209 . That matter is CONTINUED to July 9, 2010 at 10:00 a.m. For the reasons set forth in the Court's Minute Order of January 20, 2010, the Court will await the Ninth Circuit's decision on plaintiff's motion to dismiss the appeal. The Court will reset the Final Pretrial Conference and Trial date, if necessary, in its order ruling on defendants' Motion for a Stay pending appeal. (TEXT ONLY)(Streeter, J) Modified on 5/10/2010 (Streeter, J). |
| Filing 217 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 3/29/2010: Because the Court has not been informed by plaintiff that the Ninth Circuit has rendered a decision on his motion to dismiss defendants' appeal, the Court further continues the hearing on defendants' Motion to Stay the instant action pending their appeal #209 . That matter is CONTINUED to May 21, 2010 at 10:00 a.m. For the reasons set forth in the Court's Minute Order of January 20, 2010, the Court will await the Ninth Circuit's decision on plaintiff's motion to dismiss the appeal. The Court will reset the Final Pretrial Conference and Trial date, if necessary, in its order ruling on defendants' Motion for a Stay pending appeal. (TEXT ONLY) (Krueger, M) |
| Filing 216 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 2/16/2010: Because the Court has not been informed by plaintiff that the Ninth Circuit has rendered a decision on his motion to dismiss defendants' appeal, the Court further continues the hearing on defendants' Motion to Stay the instant action pending their appeal #209 . That matter is CONTINUED to April 9, 2010 at 10:00 a.m. For the reasons set forth in the Court's Minute Order of January 20, 2010, the Court will await the Ninth Circuit's decision on plaintiff's motion to dismiss the appeal. However, due to the now close proximity of the trial date, the court VACATES the presently set trial date of March 23, 2010. The Court will reset the Final Pretrial Confernece and Trial date, if necessary, in its order ruling on defendants' Motion for a Stay pending appeal. (TEXT ONLY) (Krueger, M) |
| Filing 215 REPLY by Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #209 MOTION to STAY, #213 Opposition to Motion. (Attachments: #1 Exhibit A)(Scholar, Ronald) |
| Filing 214 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 1/20/2010: In light of plaintiff Rick Eaton's motion to dismiss defendants' appeal pending before the Ninth Circuit, the court will defer ruling on defendants' Motion for a Stay Pending Appeal #209 and CONTINUES the hearing on that matter until February 26, 2010 at 10:00 a.m. Plaintiff represents that if the Ninth Circuit denies his motion to dismiss the appeal, he will not oppose defendants' motion and will agree to a stay of this action pending resolution of defendants' appeal. Plaintiff is instructed to inform the court of the Ninth Circuit's decision on his motion to dismiss within 2 court days of the Ninth Circuit's decision. If plaintiff's motion is denied, this court will summarily grant defendants' motion and enter a stay of this action. (TEXT ONLY) (Krueger, M) |
| Filing 213 OPPOSITION by Rick Eaton to #209 MOTION to STAY. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Verification of Service)(Coleman, Mary-Alice) |
| Filing 212 TRANSCRIPT REQUEST by Mark J Siemens, Carlos A. Urrutia, City of Rocklin (Scholar, Ronald) |
| Filing 211 TRANSCRIPT REQUEST by Mark J Siemens, Carlos A. Urrutia, City of Rocklin (Scholar, Ronald) |
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Filing 210
ORDER signed by Judge Frank C. Damrell, Jr on 1/4/10 ORDERING the time is shortened on dfts' motion to stay to 1/29/10 at 10:00 AM in Courtroom 2 FCD; the Court VACATES the Final Pretrial Conference set for 1/22/10. (Carlos, K)
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| Filing 209 MOTION to STAY by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Scholar, Ronald) |
| Filing 208 USCA CASE NUMBER 09-17907 for #203 Notice of Appeal filed by Carlos A. Urrutia, City of Rocklin, Mark J Siemens. (Engbretson, K.) |
| Filing 207 PROPOSED ORDER Granting #206 ex parte application for an order shortening time to hear and to specially set defendants' motion for stay pending appeal by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Scholar, Ronald) Modified on 1/4/2010 (Duong, D). |
| Filing 206 EX PARTE APPLICATION by Mark J Siemens, Carlos A. Urrutia, City of Rocklin for an order shortening time to hear and to specially set defendants' motion for stay pending appeal. (Scholar, Ronald) |
| Filing 205 APPEAL PROCESSED to Ninth Circuit re #203 Notice of INTERLOCUTORY APPEAL filed by Carlos A. Urrutia, City of Rocklin, Mark J Siemens. Filed dates for Notice of Appeal *12/30/2009*, Complaint *2/16/2007* and Appealed Order / Judgment *12/14/2009*. ** *Fee Status: Paid on 12/30/2009 in the amount of $455.00* ** (Attachments: #1 Appeal Notice, #2 Certificate of Record) (Kaminski, H) |
| Filing 203 NOTICE of INTERLOCUTORY APPEAL re #199 ORDER by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Scholar, Ronald) Modified on 12/30/2009 (Kaminski, H). |
| RECEIPT number #CAE200022631 $455.00 fbo multiple dfts by Karen A Sluiter on 12/30/2009. (Suttles, J) |
| Filing 202 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 12/22/2009: Defendants' Request to Specially Set Defendants' Motion for Reconsideration #200 is hereby DENIED as procedurally improper. Defendants' are directed to file a Motion to Shorten Time. (TEXT ONLY) (Krueger, M) |
| Filing 201 MOTION for RECONSIDERATION re #199 Order on Motion for Summary Judgment by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Scheidt, Bruce) Modified on 12/29/2009 (Engbretson, K.). |
| Filing 200 REQUEST to Specially Set Defendants' Motion for Reconsideration After Partial Denial of Summary Judgment; Declaration of Bruce A. Scheidt in Support Thereof by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Scheidt, Bruce) Modified on 12/29/2009 (Engbretson, K.). Modified on 2/16/2010 (Krueger, M). |
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Filing 199
ORDER signed by Judge Frank C. Damrell, Jr on 12/11/09 ORDERING the court GRANTS in part and DENIES in part defendants' motion for summary judgment #143 . Defendants motion is GRANTED with respect to all of plaintiff's claims for relief, except plaintiff's equal protection claim asserted against each of the defendants. On that claim, alone, triable issues of fact remain as to whether defendants discriminated against a distinct group of employees, of which plaintiff was a member, by treating plaintiff's group categorically different than other similarly situated employees, in imposing discipline and rendering decisions to terminate employees. (Becknal, R)
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| Filing 198 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 11/3/2009: Defendants' Motion for Summary Judgment #143 is hereby SUBMITTED without oral argument. The hearing set for November 6, 2009 is VACATED. The Court will issue a written order. (TEXT ONLY) (Krueger, M) |
| Filing 197 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 10/26/2009: Due to a conflict with the Court's calendar, the Hearing on Defendants' Motion for Summary Judgment #143 is hereby CONTINUED to November 6, 2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (TEXT ONLY) (Krueger, M) |
| Filing 196 OPPOSITION by Rick Eaton to #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 195 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 10/5/2009: The Court has reviewed the parties' papers on defendants' Motion for Summary Judgment #143 pending for hearing on October 16, 2009. The Court hereby continues the hearing to October 30, 2009 at 10:00 a.m. in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Plaintiff is directed to file an amended opposition citing the statements of undisputed facts and/or disputed facts, rather than the underlying evidence. Plaintiff shall not otherwise substantively amend his opposition. Said amended opposition shall be filed on or before, Monday, October 13, 2009. (TEXT ONLY) (Krueger, M) |
| Filing 194 STATEMENT of Reply to Plaintiff's Response to Statement of Undisputed Facts - Part 5 of 5 by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 193 STATEMENT of Reply to Plaintiff's Response to Statement of Undisputed Facts - Part 4 of 5 by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 192 STATEMENT of Reply to Plaintiff's Response to Statement of Undisputed Facts - Part 3 of 5 by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 191 STATEMENT of Reply to Plaintiff's Response to Statement of Undisputed Facts - Part 2 of 5 by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 190 STATEMENT of Reply to Plaintiff's Response to Statement of Undisputed Facts - Part 1 of 5 by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 189 REPLY by Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 188 OBJECTIONS by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin to #179 Declaration,. (Scheidt, Bruce) |
| Filing 187 OBJECTIONS by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin to #172 Declaration, #173 Declaration, #175 Declaration, #176 Declaration, #174 Declaration, #171 Declaration. (Scheidt, Bruce) |
| Filing 186 REPLY by Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #167 Statement, #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 185 DECLARATION of (Supplemental) Bruce A. Scheidt (Part 2 of 2) re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 184 DECLARATION of (Supplemental) Bruce A. Scheidt (Part 1 of 2) re #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 183 REPLY by Mark J Siemens, Carlos A. Urrutia, City of Rocklin to RESPONSE to #143 MOTION for SUMMARY JUDGMENT. (Scheidt, Bruce) |
| Filing 182 EXHIBIT 32-49 to #179 Rick Eaton's Declaration in Support of Opposition. (Coleman, Mary-Alice) Modified on 8/27/2009 (Streeter, J). |
| Filing 181 MINUTE ORDER (Text Only) issued by CRD C. Schultz for Judge Frank C. Damrell, Jr. on 08/25/2009. The court has reviewed the parties' correspondence of August 24, 2009 #178 #180 and considering plaintiff's admitted failure to timely file all opposition papers, it HEREBY extends defendants' time for filing their reply. Defendants shall file their reply papers on or before September 15, 2009. As a result of this extension, the court must continue the hearing on defendants' motion for summary judgment #143 , in order to permit adequate time for consideration of the complete briefing. Said hearing is HEREBY continued to October 16, 2009 at 10:00 a.m. in Courtroom 2. (Schultz, C) |
| Filing 180 NOTICE of Letter to The Honorable Frank C. Damrell, Jr. in Response to #178 Defendant's Letter regarding #165 Plaintiff's filing of Opposition to MSJ by Rick Eaton. (Coleman, Mary-Alice) Modified on 8/27/2009 (Kastilahn, A). |
| Filing 179 DECLARATION of Rick Eaton in support of his Oppostion to #143 dft's Motion for Summary Judgment (Attachments: #1 Exhibit 1 to Declaration , #2 Exhibits 2-8 to Declaration, #3 Exhibit Exhibits 9-31 to Declaration , # (4 Exhibits 49a.b to Declaration)(Coleman, Mary-Alice) Modified on 8/26/2009 (Kastilahn, A). |
| Filing 178 NOTICE of Letter to Honorable Frank C. Damrell, Jr., re: pltf's opposition to MSJ by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Onstott, Christopher) Modified on 8/27/2009 (Kastilahn, A). |
| Filing 177 CERTIFICATE of SERVICE by Rick Eaton re #165 Opposition to Motion. (Coleman, Mary-Alice) |
| Filing 176 DECLARATION of William Hertoghe in in Support of Opposition to Motior Summary Judgment #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 175 DECLARATION of Tia Bostian in in Support of Opposition to Moti for Summary Judgment #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 174 DECLARATION of Nancy Meuer in Support of Opposition to Motion for Summary Judgment #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 173 DECLARATION of Freda Anderson in in Support of Opposition to Motion for Summary Judgment #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 172 DECLARATION of Dave Kert in Support of Opposition to Motion for Summary Judgment #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 171 DECLARATION of Barbara Sharp in in Support of Opposition to Motion for Summary Judgment #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 170 DECLARATION of James C. Ashworth in Support of Opposition to Motion for Summary Judgment #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 169 REQUEST for JUDICIAL NOTICE by Rick Eaton in re #165 Opposition to Motion. (Coleman, Mary-Alice) |
| Filing 168 OPPOSITION by Rick Eaton to #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 167 SEPARATE STATEMENT of Disputed Material Facts In Support of Opposition to #143 Motion for Summary Judgment, by Plaintiff Rick Eaton . (Coleman, Mary-Alice) Modified on 8/24/2009 (Kastilahn, A). |
| Filing 166 OPPOSITION by Rick Eaton to #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
| Filing 165 OPPOSITION by Rick Eaton to #143 MOTION for SUMMARY JUDGMENT. (Coleman, Mary-Alice) |
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Filing 164
ORDER signed by Judge Frank C. Damrell, Jr on 8/4/09 ORDERING an extension of time to file an opposition to dfts' Motion for Summary Judgment #143 to 8/21/09. Dft's reply in support of their Motion for Summary Judgment will be due 9/9/09. (Carlos, K)
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| Filing 163 OPPOSITION by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin to #162 Ex Parte Application,. (Scheidt, Bruce) |
| Filing 162 EX PARTE APPLICATION for Extension of Time to File Opposition to Motion for Summary Judgment by Rick Eaton. (Attachments: #1 Proposed Order for Extension of Time, #2Affidavit of Service of Ex Parte Application)(Coleman, Mary-Alice) Modified on 8/5/2009 (Kastilahn, A). |
| Filing 161 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 8/3/2009: The Court hereby takes notice that Defendants' Motion for Summary Judgment #143 was filed on the 28th day and was not personally served on plaintiff pursuant to Local Rule 78-230(b). In light of that, the Court extends the briefing schedule for the motion as follows: Plaintiff's opposition to defendants' motion is due by August 12, 2009, and defendants' reply is due August 24, 2009. (TEXT ONLY) (Krueger, M) |
| Filing 160 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 7/28/2009: Due to conflicts in the Court's calendar, the Court hereby CONTINUES for hearing defendants' Motion for Summary Judgment #143 , currently set for hearing on August 21, 2009, to September 18, 2009 at 10:00 a.m. in Courtroom #2. Briefing on the motion, however, shall comply with E.D. Cal. L.R. 78-230 and the original hearing date of August 21. As a result of the continuation of the hearing, the Court must also continue the remaining pretrial dates as well as the trial date. The Final Pretrial Conference of October 30, 2009 is VACATED and said Conference is CONTINUED to January 22, 2010 at 2:00 p.m. The Jury Trial date of January 12, 2010 is also VACATED and CONTINUED to March 23, 2010 at 9:00 a.m. in Courtroom #2 before Judge Frank C. Damrell, Jr. (Krueger, M) |
| Filing 159 STATEMENT of Undisputed Facts in support of #143 motion for summary judgment by Defendants Mark J Siemens, Carlos A. Urrutia and City of Rocklin(Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 158 MEMORANDUM in support of #143 motion for summary judgment by Mark J Siemens, Carlos A. Urrutia and City of Rocklin (Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 157 DECLARATION of Steven Newman in support of #143 motion for summary judgment. (Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 156 DECLARATION of Jerrold Seawell in support of #143 motion for summary judgment. (Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 155 REQUEST for JUDICIAL NOTICE in support of #143 motion for summary judgment by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4)(Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 154 DECLARATION of Steven Newman in support of #143 motion for summary judgment. (Onstott, Christopher) |
| Filing 153 DECLARATION of Jerrold Seawell in support of #143 motion for summary judgment. (Onstott, Christopher) |
| Filing 152 DECLARATION of Robert C. Nunez in support of #143 motion for summary judgment. (Onstott, Christopher) |
| Filing 151 DECLARATION of Casey Finney in support of #143 motion for summary judgment. (Onstott, Christopher) |
| Filing 150 DECLARATION of Brent Craft in support of #143 motion for summary judgment. (Onstott, Christopher) |
| Filing 149 DECLARATION of Brandon Olivera in support of #143 motion for summary judgment. (Onstott, Christopher) |
| Filing 148 DECLARATION of Brad Alford in support of #143 motion for summary judgment. (Onstott, Christopher) |
| Filing 147 DECLARATION of Carlos A. Urrutia in support of #143 motion for summary judgment. (Attachments: #1 Exhibit)(Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 146 DECLARATION of Mark J. Siemens in support of #143 motion for summary judgment. (Attachments: #1 Exhibit)(Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 145 SUPPLEMENT to #144 declaration of Bruce Scheidt in support of motion for summary judgment by Carlos A. Urrutia, City of Rocklin, Mark J Siemens. (Attachments: #1 Exhibit Part 9b, #2 Exhibit Part 9c, #3 Exhibit Part 10, #4 Exhibit Part 11, #5 Exhibit Part 12)(Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 144 DECLARATION of Bruce Scheidt in Support of #143 motion for summary judgment. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4, #4 Exhibit Part 5, #5 Exhibit Part 6, #6 Exhibit Part 7, #7 Exhibit Part 8)(Onstott, Christopher) Modified on 7/27/2009 (Gaydosh, J). |
| Filing 143 MOTION for SUMMARY JUDGMENT by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Motion Hearing set for 8/21/2009 at 10:00 AM in Courtroom 26 (KJM) before Judge Frank C. Damrell Jr.. (Onstott, Christopher) |
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Filing 142
STIPULATION and ORDER (Modified from Submitted Version) signed by Judge Frank C. Damrell, Jr on 7/1/2009: Defendants are GRANTED a page extension of 50 pages for their Motion for Summary Judgment. Plaintiff will be allowed to file an opposition with no more than 50 pages, and Defendants' reply brief shall be no more than 30 pages. (Krueger, M)
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| Filing 141 STIPULATION and PROPOSED ORDER for to file Memorandum of Points and Authorities in Excess of Applicable Page Limits by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Onstott, Christopher) |
| Filing 140 NOTICE of Unavailability of Counsel by Rick Eaton. (Coleman, Mary-Alice) Modified on 6/18/2009 (Kaminski, H). |
| Filing 139 SUPPLEMENTAL DISCLOSURE of EXPERT WITNESS by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Attachments: #1 Exhibit A)(Onstott, Christopher) Modified on 6/3/2009 (Carlos, K). |
| Filing 138 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Rick Eaton. (Coleman, Mary-Alice) |
| Filing 137 ATTACHMENT to #136 Designation of Expert Witnesses by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Onstott, Christopher) |
| Filing 136 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Onstott, Christopher) |
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Filing 135
STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 4/24/09 re #134 Stipulation and Proposed Order to Amend Expert Disclosure/Discovery Deadlines. Expert Disclousre previously set for 4/29/09 is EXTENDED to 5/13/09. Supplemental list of expert witnesses previously set for 5/19/09 is EXTENDED to 6/2/09. Completion of expert discovery previously set for 6/16/09 is EXTENDED to 6/30/09. All other dates shall remain the same.(Kastilahn, A)
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| Filing 134 STIPULATION and PROPOSED ORDER for Amending Expert Disclosure/Discovery Deadlines by Mark J Siemens. (Onstott, Christopher) |
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Filing 133
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/3/2009 DENYING defendants' #123 Motion to Compel mental examination. (Marciel, M)
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| Filing 132 MINUTES for MOTION HEARING proceedings held before Magistrate Judge Kimberly J. Mueller on 4/1/2009: Court heard arguments re #123 MOTION to COMPEL. Matter submitted. Order to issue. Plaintiffs Counsel Jim Ashworth present. Defendants Counsel Chris Onstott present. Court Reporter/CD Number: 1 of 1. (Text Only) (Caspar, M) |
| Filing 131 CERTIFICATE of SERVICE by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Proof of Service (Onstott, Christopher) |
| Filing 130 APPENDIX by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Appendix of Unpublished Authorities Cited in Joint Statement Regarding Motion for Order Compelling Mental Examination of Plaintiff (Onstott, Christopher) |
| Filing 129 PROPOSED ORDER Proposed Order Granting Motion to Compel Mental Exam of Plaintiff. (Onstott, Christopher) |
| Filing 128 DECLARATION of Christopher Onstott in support of #124 MOTION to COMPEL Notice of Motion and Motion For Order Compelling Mental Examination of Plaintiff. (Onstott, Christopher) Modified on 3/30/2009 (Streeter, J). |
| Filing 127 DECLARATION of James C. Ashworth in support of #124 MOTION to COMPEL Notice of Motion and Motion For Order Compelling Mental Examination of Plaintiff. (Onstott, Christopher) Modified on 3/30/2009 (Streeter, J). |
| Filing 126 DECLARATION of Dr. Herbert N. Weissman in Support of #124 MOTION to COMPEL Notice of Motion and Motion For Order Compelling Mental Examination of Plaintiff. (Onstott, Christopher) Modified on 3/30/2009 (Streeter, J). |
| Filing 125 DECLARATION of Christopher Onstott in In Support of #124 MOTION to COMPEL Notice of Motion and Motion For Order Compelling Mental Examination of Plaintiff. (Onstott, Christopher) Modified on 3/30/2009 (Streeter, J). |
| Filing 124 STATEMENT of Joint Statement Regarding Motion for Order Compelling Mental Exam of Plaintiff by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Onstott, Christopher) |
| Filing 123 MOTION to COMPEL Mental Examination of Plaintiff by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Motion Hearing set for 4/1/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Onstott, Christopher) Modified on 3/10/2009 (Krueger, M). |
| Filing 122 STIPULATION re #119 MOTION for PROTECTIVE ORDER by Rick Eaton. (Coleman, Mary-Alice) |
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Filing 121
MINUTE ORDER by Magistrate Judge Kimberly J. Mueller on 2/2/09: Directing the parties to file the joint stipulation required under Local Rule 37-251 no later than 2/18/09. (TEXT ONLY) (Caspar, M)
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| Filing 120 ANSWER to AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF by Mark J Siemens, Carlos A. Urrutia, City of Rocklin.(Onstott, Christopher) |
| Filing 119 MOTION for PROTECTIVE ORDER by Rick Eaton. Motion Hearing set for 2/25/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Coleman, Mary-Alice) |
| Filing 118 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr. on 1/20/2009: Pursuant to Local Rule 72-302(c), Plaintiff's Motion for Protective Order #117 shall be noticed before the assigned Magistrate Judge. Plaintiff's counsel shall contact the Clerk for the assigned Magistrate Judge for available law and motion dates, and may re-notice the motion before the assigned Magistrate Judge. (TEXT ONLY) (Krueger, M) |
| Filing 117 MOTION for PROTECTIVE ORDER by Rick Eaton. Attorney Coleman, Mary-Alice added. Motion Hearing set for 3/6/2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Coleman, Mary-Alice) |
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Filing 116
MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 1/14/2009 ORDERING that Defendants' Motion to Dismiss Plaintiff's equal protection claim, or alternatively, to strike certain allegations supporting that claim #106 is DENIED in its entirety. (Krueger, M)
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| Filing 115 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 1/12/2009: Defendants' Motion to Dismiss #106 is hereby SUBMITTED without oral argument. The hearing set for 1/16/2009 is VACATED. The Court will issue a written order. (TEXT ONLY) (Krueger, M) |
| Filing 114 REPLY by Mark J Siemens, Carlos A. Urrutia, City of Rocklin to RESPONSE. by Plaintiff in Opposition to Defendants' Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Onstott, Christopher) |
| Filing 113 OPPOSITION by Plaintiff Rick Eaton to Request for Judicial Notice in Support of Defendants' Motion to Dismiss #108 (Murray, Lawrence) Modified on 12/29/2008 (Reader, L). |
| Filing 112 MEMORANDUM OF POINTS AND AUTHORITIES in OPPOSITION by Rick Eaton to Motion to Dismiss #106 (Murray, Lawrence) Modified on 12/29/2008 (Reader, L). |
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Filing 111
STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 11/10/2008 ORDERING #110 Designation of Expert Witnesses due by 4/29/2009. Supplemental list of expert witnesses due by 5/19/2009. Discovery due by 4/15/2009. Dispositive Motion due by 8/21/2009. Expert Discovery due by 6/16/2009. Final Pretrial Conference reset for 10/30/2009 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial reset for 1/12/2010 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Reader, L)
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| Filing 110 STIPULATION and PROPOSED ORDER to Amend Status (Pretrial Scheduling) Order to Extend Dates by Ninety Days by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Onstott, Christopher) |
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Filing 109
ORDER granting #94 Motion for Extension of time signed by Magistrate Judge Kimberly J. Mueller on 11/5/08: Defendants are permitted to depose plaintiff for a total of three days of seven hours each day. (Kaminski, H)
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| Filing 108 REQUEST for JUDICIAL NOTICE by Mark J Siemens, Carlos A. Urrutia, City of Rocklin in re #106 Motion to Dismiss, #107 Memorandum in Support of Motion. (Onstott, Christopher) Modified on 11/3/2008 (Manzer, C). |
| Filing 107 MEMORANDUM in SUPPORT of #106 MOTION to DISMISS by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Onstott, Christopher) Modified on 11/3/2008 (Manzer, C). |
| Filing 106 MOTION to DISMISS for Failure to State a Claim Upon Which Relief Can Be Granted [Fed. R. Civ. P. 12(b)(6)] and, Alternatively, to Strike Portions of Plaintiff's First Amended Complaint [Fed. R. Civ. P. 12(f)] by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Motion Hearing set for 1/16/2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Onstott, Christopher) |
| Filing 105 MINUTES for MOTION HEARING proceedings held before Magistrate Judge Kimberly J. Mueller on 10/29/2008: Court heard arguments re defendant's #94 motion for extension of time. Matter submitted. Order to issue. Plaintiffs Counsel James Ashworth present. Defendants Counsel Bruce Scheidt, Chris Onstoff present. Court Reporter/CD Number: 1 of 1. (Text Only) (Caspar, M) |
| Filing 104 NOTICE OFERRATA regarding #96 joint statement regarding discovery disputes over more time requested for pltf's disposition by all defendants. Attorney Onstott, Christopher added. (Onstott, Christopher) Modified on 10/29/2008 (Manzer, C). |
| Filing 103 DECLARATION of Bruce A. Scheidt in, Supplemental, #94 MOTION for EXTENSION OF TIME. (Onstott, Christopher) |
| Filing 102 DECLARATION of Christopher Onstott in, Supplemental, #94 MOTION for EXTENSION OF TIME. (Onstott, Christopher) |
| Filing 101 DECLARATION of James Ashworth in re #94 MOTION for EXTENSION OF TIME. (Onstott, Christopher) |
| Filing 100 DECLARATION of Bruce A. Scheidt in re #94 MOTION for EXTENSION OF TIME. (Onstott, Christopher) |
| Filing 99 EXHIBIT F to H to Declaration of Chris Onstott re #94 MOTION for EXTENSION OF TIME filed by City of Rocklin. (Attachments: #1 Exhibit G to Declaration of Chris Onstott, #2 Exhibit H to Declaration of Chris Onstott)(Onstott, Christopher) |
| Filing 98 EXHIBIT C to E to Declaration of Chris Onstott re #94 MOTION for EXTENSION OF TIME filed by City of Rocklin. (Attachments: #1 Exhibit D to Declaration of Chris Onstott, #2 Exhibit E to Declaration of Chris Onstott)(Onstott, Christopher) |
| Filing 97 DECLARATION of Christopher Onstott in re #94 MOTION for EXTENSION OF TIME. (Attachments: #1 Exhibit A to Declaration of Chris Onstott, #2 Exhibit B to Declaration of Chris Onstott)(Onstott, Christopher) |
| Filing 96 STATEMENT of Discovery Disputes Over More Time Requested for Plaintiff's Deposition by Defendant City of Rocklin re #94 MOTION for EXTENSION OF TIME. Joint Statement (Onstott, Christopher) |
| Filing 95 FIRST AMENDED COMPLAINT against all defendants by Rick Eaton.(Murray, Lawrence) |
| Filing 94 MOTION for EXTENSION OF TIME allowed to complete deposition of Plaintiff RICK EATON by City of Rocklin. Attorney Onstott, Christopher added. Motion Hearing set for 10/29/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Onstott, Christopher) Modified on 10/9/2008 (Mena-Sanchez, L). |
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Filing 93
MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 9/22/08 ORDERING that Defendants' Motion for partial judgment on the pleadings #87 is GRANTED with respect to Plaintiff's first, fourth, fifth and sixth claims for relief and is DENIED with respect to Plaintiff's second claim for relief. Plaintiff is granted leave to amend with respect to his first claim for relief. Plaintiff shall file and serve a first amended complaint, w/in 20 days of the date of this order. Defendants shall have 20 days thereafter to file a response thereto. (Mena-Sanchez, L)
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| Filing 92 MINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 9/15/08: Defendants' Motion for Partial Judgment on the Pleadings #87 is hereby SUBMITTED without oral argument. The hearing date for 9/19/08 is VACATED. The Court will issue a written order. (TEXT ONLY) (Krueger, M) |
| Filing 91 REPLY by dfts to #90 Opposition to Defendants' Motion for Partial Judgment on the Pleadings (Scheidt, Bruce) Modified on 9/15/2008 (Benson, A). |
| Filing 90 OPPOSITION by Rick Eaton to #87 Motion for Partial Judgment on the Pleadings (Murray, Lawrence) Modified on 9/15/2008 (Benson, A). |
| Filing 89 APPENDIX by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-13)(Scheidt, Bruce) |
| Filing 88 MEMORANDUM by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Scheidt, Bruce) |
| Filing 87 MOTION for JUDGMENT on the Pleadings [FRCP 12(c) by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Motion Hearing set for 9/19/2008 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Scheidt, Bruce) |
| Filing 86 REQUEST for Removal of Attorney Susan R. Denious from Case Service List by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Denious, Susan) |
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Filing 85
MEMORANDUM, and ORDER signed by Judge Frank C. Damrell, Jr on 6/12/08 ORDERING that Plaintiff's MOTION for leave to file an amended complaint #80 is DENIED. (Mena-Sanchez, L)
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| Filing 84 MINUTE ORDER by CRD M. Kruger for Judge Frank C. Damrell, Jr on 5/30/08: Plaintiff's Motion to Amend the Complaint #80 is hereby SUBMITTED without oral argument. The hearing set for 6/6/08 is VACATED. The Court shall issue a written order. (TEXT ONLY) (Krueger, M) |
| Filing 83 REPLY to RESPONSE to MOTION. for Order Permitting Filing of First Amended Complaint (Murray, Lawrence) |
| Filing 82 DECLARATION of Bruce A. Scheidt in OPPOSITION TO re #80 MOTION to AMEND the COMPLAINT. (Attachments: #1 Exhibit A, #2 Exhibit B, C, D, #3 Exhibit E, F, #4 Exhibit G, H, I)(Scheidt, Bruce) |
| Filing 81 MEMORANDUM/RESPONSE in OPPOSITION re #80 MOTION to AMEND the COMPLAINT. (Scheidt, Bruce) |
| Filing 80 MOTION to AMEND the COMPLAINT by Rick Eaton. Motion Hearing set for 6/6/2008 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Attachments: #1 Exhibits 1 to 4)(Murray, Lawrence) |
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Filing 79
STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell, Jr on 3/17/08 ORDERING the stay entered on 8/10/07 is LIFTED. Discovery due by 1/15/2009, Designation of Expert Witnesses due by 1/29/2009, Motions shall be heard by 5/29/09, Final Pretrial Conference set for 7/31/2009 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.., Jury Trial set for 9/29/2009 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Carlos, K) Modified on 3/18/2008 (Carlos, K).
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| Filing 78 FIRST AMENDED STATUS REPORT by Rick Eaton. (Murray, Lawrence) |
| Filing 77 MINUTE ORDER: from CRD M. Price for Frank C. Damrell, Jr on 1/31/08 re #76 Notice re: 9th circuity order. The parties are meet and confer and submit a joint status report by 2/25/2008. (Price, M) |
| Filing 76 NOTICE of Ruling by 9th Cir. Court of Appeal Denying Motion to Reconsider by Rick Eaton. (Murray, Lawrence) Modified on 1/29/2008 (Dillon, M). |
| Filing 75 REPLY to RESPONSE to MOTION re #72 MOTION for RECONSIDERATION re #71 USCA Order. (Scholar, Ronald) |
| Filing 74 MEMORANDUM/RESPONSE in OPPOSITION. Opposition to Motion to Reconsideration (Murray, Lawrence) |
| Filing 73 REQUEST for JUDICIAL NOTICE by Mark J Siemens, Carlos A. Urrutia, City of Rocklin in re #71 USCA Order, #72 Motion for Reconsideration. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(Scholar, Ronald) |
| Filing 72 MOTION for RECONSIDERATION re #71 USCA Order by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Scholar, Ronald) |
| Filing 70 NOTICE of Ruling Denying Permission to Appeal and Request to Lift Stay by Rick Eaton. (Murray, Lawrence) Modified on 11/27/2007 (Engbretson, K.). |
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Filing 71
ORDER of USCA as to 57 Notice of Interlocutory Appeal, filed by Carlos A. Urrutia, City of Rocklin, Mark J Siemens. The petition for permission to appeal is DENIED. (Benson, A)
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| Filing 69 Supplemental REQUEST for JUDICIAL NOTICE by Rick Eaton in Opposition to Petition for Permission to Appeal (Murray, Lawrence) Modified on 11/16/2007 (Waggoner, D). |
| Filing 68 MEMORANDUM/RESPONSE in OPPOSITION. Supplemental Opposition to Petition for Permission to Appeal (Murray, Lawrence) |
| Filing 67 REQUEST for Judicial Notice in Support of Opposition to Motion to File a Reply by Rick Eaton. (Murray, Lawrence) |
| Filing 66 OPPOSITION by Plaintiff Rick Eaton to Motion to File Reply to Opposition to Motion for Permission to File Appeal. (Murray, Lawrence) Modified on 9/10/2007 (Matson, R). |
| Filing 65 REQUEST for Judicial Notice by Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #64 Notice - Other - ATY filed by Carlos A. Urrutia, City of Rocklin, Mark J Siemens. (Scholar, Ronald) |
| Filing 64 Motion To File A Reply to Opposition To Petition For Permission To Appeal by Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #62 Request. (Scholar, Ronald) Modified on 9/10/2007 (Matson, R). |
| Filing 63 OPPOSITION by Plaintiff Rick Eaton. to Defendants' Petition for Permission to Appeal (Attachments: #1 Exhibit)(Murray, Lawrence) |
| Filing 62 REQUEST for Petition for Permission to Appeal by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Scholar, Ronald) |
| Filing 61 CERTIFIIED COPY of docket sheet submitted by USCA for the Ninth Circuit.(Carlos, K) |
| Filing 60 Served copy of document [59} re Receipt of Appeal Fee on the USCA. (Kastilahn, A) |
| Filing 59 USCA APPEAL FEES received of *$ 455* receipt number 200000405 from Kronick, Moskovitz, et al. on *8/15/07* in USCA Case Number: *Unknown* re 57 Notice of Interlocutory Appeal, filed by Carlos A. Urrutia, City of Rocklin, Mark J Siemens (Kastilahn, A) |
| Filing 58 APPEAL PROCESSED to Ninth Circuit re 57 Notice of Interlocutory Appeal, filed by Carlos A. Urrutia, City of Rocklin, and Mark J Siemens. Filed dates for Notice of Appeal *6/26/2007*, Complaint *2/16/2007* and Appealed Order / Judgment *5/23/2007*. Court Reporter: *N/A*. *Fee Status: Not Paid - Billed* *Mark J. Siemens, Carlos A. Urrutia, City of Rocklin* (Attachments: #1 Appeal Notice #2 Bill #3 Certificate) (Waggoner, D) |
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Filing 56
MEMORANDUM and ORDER signed by Judge Frank C. Damrell Jr. on 8/10/07 ORDERING that dfts' #34 amended motion for certification of the #24 Court's Order for interlocutory appeal is GRANTED; the court STAYS this action in its entirety pending resolution of appeal. CASE STAYED.(Yin, K)
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Filing 55
MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 8/10/07. #29 Pltf's Motion to recuse defts' counsel DENIED. (Price, M)
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| Filing 54 MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 8/6/07. #34 Defts Motion for Certificate of Appealability -MOTION SUBMITTED: without oral argument. The hearing set for 8/10/07 is VACATED. The court shall issue a written order. (TEXT ONLY)(Price, M) |
| Filing 53 REPLY to RESPONSE to #26 #34 Motions for Certificate of Appealability. (Denious, Susan) Modified on 8/7/2007 (Yin, K). |
| Filing 52 REQUEST for JUDICIAL NOTICE in Support of #26 Motion for Certificate of Appealability by dfts . (Denious, Susan) Modified on 8/7/2007 (Yin, K). |
| Filing 51 MEMORANDUM/RESPONSE in OPPOSITION to #34 Motion to Stay. (Murray, Lawrence) Modified on 8/6/2007 (Matson, R). |
| Filing 50 EVIDENTIARY OBJECTIONS by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin to #47 to Rebutal Declaration of Rick Eaton (Denious, Susan) Modified on 7/26/2007 (Mena-Sanchez, L). |
| Filing 49 MINUTE ORDER from CRD M. Krueger for Judge Frank C. Damrell Jr. on 7/23/07: THE PARTIES ARE HEREBY NOTIFIED THAT Plaintiff's Motion to Recuse Counsel for Defendants #29 is SUBMITTED without oral argument pursuant to Local Rule 78-230(h), and the hearing date of 7/27/07 is hereby VACATED. The Court to issue an Order. (TEXT ONLY) (Krueger, M) |
| Filing 48 REPLY to RESPONSE to #29 Motion to Recuse Dfts' Counsel. (Murray, Lawrence) Modified on 7/23/2007 (Yin, K). |
| Filing 47 DECLARATION (Rebuttal) of Rick Eaton to Dfts' Opposition to #29 Motion to Recuse Counsel. (Attachments: #1 Exh 18-22#2 Exh 23-26)(Murray, Lawrence) Modified on 7/23/2007 (Yin, K). |
| Filing 46 EVIDENTIARY OBJECTIONS to #32 Declaration of Rick Eaton by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Denious, Susan) Modified on 7/16/2007 (Engbretson, K.). |
| Filing 45 CERTIFICATE of SERVICE re #41 Declaration of Mark J. Menz by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Denious, Susan) Modified on 7/16/2007 (Engbretson, K.). |
| Filing 44 OBJECTIONS to #31 Declaration of Byron Green by Defendants Mark J Siemens, Carlos A. Urrutia, City of Rocklin. (Denious, Susan) Modified on 7/16/2007 (Engbretson, K.). |
| Filing 43 DECLARATION of Captain Dan Ruden in OPPOSITION TO re #29 MOTION Recuse Defendants' Counsel. (Attachments: #1 Exhibit A-C)(Denious, Susan) |
| Filing 42 DECLARATION of Debbie Miller IN SUPPORT of #38 Memoranum in Opposition to #29 Motion to Recuse Defendants' Counsel. (Attachments: #1 Exhibit A)(Denious, Susan) Modified on 7/11/2007 (Engbretson, K.). |
| Filing 41 DECLARATION of Mark J. Menz re #29 Motion to Recuse Defendants' Counsel. (Attachments: #1 Exhibit A-C)(Denious, Susan) Modified on 7/11/2007 (Engbretson, K.). |
| Filing 40 DECLARATION of Bruce A. Scheidt IN SUPPORT of #38 Memorandum in Opposition to #29 Motion to Recuse Defendants' Counsel. (Attachments: #1 Exhibit A-C#2 Exhibit D)(Denious, Susan) Modified on 7/11/2007 (Engbretson, K.). |
| Filing 39 DECLARATION of Mark J. Siemens IN SUPPORT of #38 Memorandum in Opposition to #29 Motion to Recuse Defendants' Counsel. (Attachments: #1 Exhibit A-D#2 Exhibit E-L)(Denious, Susan) Modified on 7/11/2007 (Engbretson, K.). |
| Filing 38 MEMORANDUM in OPPOSITION to #29 Motion Recuse Defendants' Counsel. (Denious, Susan) Modified on 7/11/2007 (Engbretson, K.). |
| Filing 37 MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 6/28/07. Defs' #36 Ex Parte Application for page limit increase GRANTED. Defts' opposition may be up to 30 pages in length and pltf's reply may be up to 20 pages in length. (Price, M) |
| Filing 36 EX PARTE APPLICATION For Page Extension by Mark J Siemens, Carlos A. Urrutia, City of Rocklin for Page Extension. (Denious, Susan) |
| Filing 57 NOTICE of INTERLOCUTORY APPEAL by Mark J Siemens, Carlos A. Urrutia, City of Rocklin as to #24 Order on Motion to Dismiss pursuant to #56 Memorandum and Order Granting Amended Motion for Certification. For Administrative Purposes only. Please see #34 for Image. (Text Only Entry) (Donati, J) |
| Filing 35 AMENDED DECLARATION of Susan R. Denious in SUPPORT of #34 AMENDED MOTION. (Denious, Susan) Modified on 6/28/2007 (Mena-Sanchez, L). |
| Filing 34 AMENDED MOTION for CERTIFICATION of Court's order dated 5/23/07 amending #26 by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Motion Hearing SET for 8/10/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Denious, Susan) Modified on 6/28/2007 (Mena-Sanchez, L). |
| Filing 33 MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 6/21/07. RESET MOTION HEARING as to #26 MOTION for CERTIFICATE of APPEALABILITY of Court's Order Dated May 23, 2007: for 8/10/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. Briefing to comply with LR 78-230 and new hearing date. (Price, M) |
| Filing 32 DECLARATION of Rick Eaton in SUPPORT OF #29 Motion to Recuse Defendants' Counsel. (Attachments: #1 EXH 1-6#2 EXH 7-12#3 EXH 13-15#4 EXH 16#5 EXH 17)(Murray, Lawrence) Modified on 6/21/2007 (Engbretson, K.). |
| Filing 31 DECLARATION of Byron Green in SUPPORT OF #29 Motion to Recuse Counsel for Defendants. (Murray, Lawrence) Modified on 6/21/2007 (Engbretson, K.). |
| Filing 30 MEMORANDUM in SUPPORT of #29 Motion to Recuse Counsel for Defendants. (Murray, Lawrence) Modified on 6/21/2007 (Engbretson, K.). |
| Filing 29 MOTION Recuse Defendants' Counsel by Rick Eaton.Motion Hearing set for 7/27/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Murray, Lawrence) |
| Filing 28 DECLARATION of Susan R. Denious in SUPPORT Motion to Certification #26 . (Denious, Susan) Modified on 6/15/2007 (Carlos, K). |
| Filing 27 MEMORANDUM OF POINTS AND AUTHORITIES in support of dfts' Motion for Certification #26 . (Denious, Susan) Modified on 6/15/2007 (Carlos, K). |
| Filing 26 MOTION for CERTIFICATION OF the Court's Order Dated May 23, 2007 and MOTION FOR STAY by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Attorney Denious, Susan R. added. Motion Hearing set for 7/27/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Denious, Susan) Modified on 6/15/2007 (Carlos, K). |
| Filing 25 ANSWER to COMPLAINT for Damages and Injunctive Relief by Mark J Siemens, Carlos A. Urrutia, City of Rocklin.(Scheidt, Bruce) Modified on 6/5/2007 (Carlos, K). |
|
Filing 24
MEMORANDUM AND ORDER signed by Judge Frank C. Damrell Jr. on 5/23/07. #9 Defendants' motion to dismiss plaintiff's complaint as barred by res judicata is DENIED. Defendants' alternative motion for a stay is DENIED.(Price, M)
|
| Filing 23 MINUTE ORDER: from CRD M. Price for Judge Frank C. Damrell Jr. on 5/7/07. #9 Motion to Dismiss -MOTION SUBMITTED: without oral argument. The hearing set for 5/11/07 is VACATED. The court shall issue a written order. (TEXT ONLY)(Price, M) |
| Filing 22 SUPPLEMENTAL REQUEST for JUDICIAL NOTICE by Mark J Siemens, Carlos A. Urrutia, City of Rocklin in support of #20 Reply to Opposition to #9 Motion to Dismiss. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7)(Scheidt, Bruce) Modified on 5/7/2007 (Marciel, M). |
| Filing 21 DECLARATION of Carlos A. Urrutia in SUPPORT OF #20 Reply to Opposition. (Scheidt, Bruce) Modified on 5/7/2007 (Marciel, M). |
| Filing 20 MEMORANDUM of Points and Authorities in Reply to plaintiff's Opposition to #9 MOTION to DISMISS for failure to state a claim upon which relief can be granted and, alternatively, for Stay. (Scheidt, Bruce) Modified on 5/7/2007 (Marciel, M). |
| Filing 19 PROPOSED ORDER on Motion to Dismiss. (Murray, Lawrence) Modified on 4/27/2007 (Marciel, M). |
| Filing 18 DECLARATION of Rick Eaton in OPPOSITION to MOTION to Dismiss (Attachments: #1 Exhibit 1a #2 Exhibit 1b)(Murray, Lawrence) Modified on 4/27/2007 (Marciel, M). |
| Filing 17 DECLARATION of Rick Eaton in OPPOSITION to MOTION to Dismiss (Attachments: #1 Exhibit 2a #2 Exhibit 2b #3 Exhibit 2c #4 Exhibit 2d #5 Exhibit 3a #6 Exhibit 3b #7 Exhibit 4)(Murray, Lawrence) Modified on 4/27/2007 (Marciel, M). |
| Filing 16 MEMORANDUM of Points and Authorities in OPPOSITION to defendant's MOTION to Dismiss (Murray, Lawrence) Modified on 4/27/2007 (Marciel, M). |
| Filing 15 CERTIFICATE of SERVICE of #14 Joint Status Report by Mark J Siemens, Carlos A. Urrutia, City of Rocklin . (Scheidt, Bruce) Modified on 4/19/2007 (Yin, K). |
| Filing 14 JOINT STATUS REPORT by Rick Eaton, Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Attorney Scholar, Ronald Jason added. (Scholar, Ronald) |
| Filing 13 PROPOSED ORDER granting #9 MOTION to DISMISS. (Scheidt, Bruce) Modified on 4/11/2007 (Marciel, M). |
| Filing 12 DECLARATION of Bruce A. Scheidt in SUPPORT OF #9 MOTION to DISMISS for failure to state a claim upon which relief can be granted and, alternatively, for Stay. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C (Part 1)#4 Exhibit C (Part 2)#5 Exhibit C (Part 3)#6 Exhibit C (Part 4)#7 Exhibit D#8 Exhibit E)(Scheidt, Bruce) Modified on 4/11/2007 (Marciel, M). |
| Filing 11 REQUEST for Judicial Notice in Support of by Mark J Siemens, Carlos A. Urrutia, City of Rocklin re #9 MOTION to DISMISS for Failure to State a Claim Upon Which Relief Can be Granted and, Alternatively, to Stay filed by Mark J Siemens,, City of Rocklin,, Carlos A. Urrutia,. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4 (Part 1)#5 Exhibit 4 (Part 2)#6 Exhibit 4 (Part 3)#7 Exhibit 4 (Part 4))(Scheidt, Bruce) |
| Filing 10 MEMORANDUM by Mark J Siemens, Carlos A. Urrutia, City of Rocklin in SUPPORT OF #9 MOTION to DISMISS for failure to state a claim upon which relief can be granted and, alternatively, for Stay filed by Mark J Siemens, City of Rocklin, Carlos A. Urrutia. (Scheidt, Bruce) Modified on 4/11/2007 (Marciel, M). |
| Filing 9 MOTION to DISMISS for failure to state a claim upon which relief can be granted and, alternatively, for Stay by Mark J Siemens, Carlos A. Urrutia, City of Rocklin. Attorney Scheidt, Bruce A. added. Motion Hearing set for 5/11/2007 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Scheidt, Bruce) Modified on 4/11/2007 (Marciel, M). |
| Filing 8 WAIVER of SERVICE RETURNED EXECUTED by Rick Eaton. City of Rocklin waiver sent on 2/16/2007, answer due 4/17/2007. (Murray, Lawrence) |
| Filing 7 WAIVER of SERVICE RETURNED EXECUTED by Rick Eaton. Carlos A. Urrutia waiver sent on 2/16/2007, answer due 4/17/2007. (Murray, Lawrence) |
| Filing 6 WAIVER of SERVICE RETURNED EXECUTED by Rick Eaton. Mark J Siemens waiver sent on 2/16/2007, answer due 4/17/2007. (Murray, Lawrence) |
| Filing 5 SUMMONS ISSUED as to *Mark J Siemens, Carlos A. Urrutia, City of Rocklin* with answer to complaint due within *20* days. Attorney *Lawrence D. Murray* *Murray and Associates* *1781 Union Street* *San Francisco, CA 94123*. (Carlos, K) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Forms #2 VDRP Forms) (Carlos, K) |
| Filing 2 CIVIL COVER SHEET by Rick Eaton (Murray, Lawrence) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against all defendants by Rick Eaton. Attorney Murray, Lawrence D added.(Murray, Lawrence) |
| RECEIPT number 201 13778 for $350.00 for civil filing fee from Lawrence D. Murray. (Carlos, K) |
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