Risso et al v. City of Placerville et al
| A. R. and Mark Risso |
| Todd Carvor, City of Placerville, County of El Dorado, Trudy Killian, Gloria Magana, Gary Matthies and Debra Thurlow |
| 2:2007cv00451 |
| March 7, 2007 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A Drozd |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on December 10, 2008. A more recent docket listing may be available from PACER.
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Filing 58
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 12/9/08 ORDERING that defendants City of Placerville and County of El Dorado shallbe dismissed as Defendants, with prejudice. Civil Case Terminated. CASE CLOSED. (Becknal, R)
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| Filing 57 STIPULATION of DISMISSAL of CITY OF PLACERVILLE and by County of El Dorado. (Gumpert, Franklin) |
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Filing 56
ORDER APPROVING MINOR'S COMPROMISE OF CLAIMS signed by Magistrate Judge Dale A. Drozd on 08/19/08; the Court approves the distribution of atty's fees to pltf's counsel as set forth in the petition; the Court approves the dismissal of all claims, of all pltfs, as against all dfts, with prejudice; counsel shall submit such dismissal after the annuity/annuities set forth in the settlement documents have been funded; the hearing set for 08/22/08 is VACATED.(Manzer, C)
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Filing 55
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 08/19/08 ORDERING that dfts Todd Carvor, Gary Matthies, Trudy Killian and Gloria Magana are DISMISSED with prejudice.(Manzer, C) Modified on 9/3/2008 (Manzer, C).
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| Filing 54 STIPULATION and PROPOSED ORDER Stipulation for Dismissal and Order Thereon by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian. (Gumpert, Franklin) |
| Filing 53 STATEMENT of NON-OPPOSITION to MOTION re #50 MOTION FOR APPROVAL of Minor's Compromise of Claims. (Kilday, Bruce) |
| Filing 52 STATEMENT of Non-Opposition to Petition for Minor's Compromise by Defendants County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian re #50 MOTION FOR APPROVAL of Minor's Compromise of Claims. (Gumpert, Franklin) |
| Filing 51 PROPOSED ORDER Approving #50 MOTION of Minor's Compromise of Claims by Mark Risso, A. R. (Powell, Robert) Modified on 7/21/2008 (Reader, L). |
| Filing 50 MOTION FOR APPROVAL of Minor's Compromise of Claims by Mark Risso, A. R. Motion Hearing set for 8/22/2008 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Attachments: #1 Declaration of Robert R. Powell)(Powell, Robert) Modified on 7/21/2008 (Reader, L). |
| Filing 49 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: SETTLEMENT CONFERENCE held on 6/19/2008. After settlement negotiations, case settled. Terms and conditions of the settlement placed on the record in open court. Settlement agreement and dismissal to be filed with the court within 45 days from today's date. Plaintiffs Counsel Robert Powell present, Mark Risso and Linda Risso, Guardian Ad Litem present. Defendants Counsel Franklin Gumpert present, Michael Cicozzi - Liability Claims, Jon Hendrikson - County Counsel present; Bruck Kilday present, John Driscoll, Placerville City Manager, Chief of Police for Placerville, Chiet G. Nielsen, PARSAC for Placerville - Joanne Renne present. Court Reporter/CD Number: ECRO/1. (Buzo, P) |
| Filing 48 NOTICE of Submission of Confidential Settlement Conference Statement by City of Placerville, Todd Carvor. (Kilday, Bruce) |
| Filing 47 STIPULATION of Waiver of Disqualification by County of El Dorado, City of Placerville, Gary Matthies, Gloria Magana, Trudy Killian, Todd Carvor. (Kilday, Bruce) |
| Filing 46 NOTICE of Submission of Confidential Settlement Conference Statement and WAIVER of Disqualification of Magistrate Judge by all plaintiffs. (Powell, Robert) Modified on 6/16/2008 (Donati, J). |
| Filing 45 NOTICE of Submission of corrected Confidential Settlement Conference Statement by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian. (Gumpert, Franklin) |
| Filing 44 NOTICE of Submission of Confidential Settlement Conference Statement by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian. (Gumpert, Franklin) |
| Filing 43 NOTICE OF UNAVAILABILITY by City of Placerville, Todd Carvor. (Kilday, Bruce) |
| Filing 42 NOTICE of CHANGE of ADDRESS by Franklin George Gumpert. (Gumpert, Franklin) |
| Filing 41 MINUTE ORDER (TEXT ONLY): by Crd for Magistrate Judge Dale A. Drozd on 4/29/08. PLEASE BE ADVISED: an early Settlement Conference is scheduled in this matter for Thursday, 6/19/2008 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. The parties are directed to submit confidential settlement conference statements to the Court on or before June 12, 2008, to the following email address: [email protected]. (see L.R. 16-270 (d)). All parties are required to have principals present at the settlement conference. Furthermore, all parties are to file a waiver of disqualification allowing the assigned magistrate judge to act as settlement judge. (see L.R. 16-270 (b)). I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 40 MINUTE ORDER (TEXT ONLY): by Crd for Magistrate Judge Dale A. Drozd on 4/17/08. IT IS HEREBY ORDERED pursuant to the Notice of Unavailability for Settlement Conference filed April 16, 2008, the Settlement Conference scheduled in this matter for Tuesday, April 22, 2008, before the Honorable Dale A. Drozd is vacated. Parties shall contact the court within ten-days of receipt of the minute order to re-schedule the settlement conference. If the Court does not hear from counsel within the designated time allotted, the Court will set a Further Scheduling Conference.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 39 NOTICE OF UNAVAILABILITY FOR SETTLEMENT CONFERENCE by City of Placerville, Todd Carvor. (Kilday, Bruce) |
| Filing 38 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: STATUS CONFERENCE held on 4/4/2008. After hearing, for reasons stated on the record, Settlement Conference set for 4/22/2008 at 09:30 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Frank Gumpert waived disqualification. Bruce Kilday waived disqualification. Rober Powell waived disqualification. Parties request continuance of scheduling case. Confidential settlement conference statements due by 4/21/08 at noon.Plaintiffs Counsel Robert Powell, telephonic. Defendants Counsel Franklin Gumpert and Bruce Kilday telephonic. Court Reporter/CD Number: Casey Schultz/1. (Buzo, P) |
| Filing 37 JOINT SCHEDULING REPORT by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian. (Gumpert, Franklin) |
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Filing 36
ORDER SETTING FURTHER STATUS CONFERENCE signed by Magistrate Judge Dale A. Drozd on 3/12/08 ORDERING that a further Status Conference is SET for 4/4/2008 at 11:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. The parties shall file a joint status report on or before March 31, 2008. Parties may appear at the status conference telephonically. (Duong, D)
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Filing 35
ORDER REASSIGNING CASE signed by Judge Garland E. Burrell, Jr on 2/21/08 ORDERING Magistrate Judge Drozd reassignment of this action for all further proceedings, including entry of final judgment. All documents hereafter filed shall be denominated as 2:07-cv-0451 DAD. (Anderson, J)
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| Filing 34 ANSWER to COMPLAINT with Jury Demand by City of Placerville, Todd Carvor.(Kilday, Bruce) |
| Filing 33 CONSENTS to JURISDICTION by US MAGISTRATE JUDGE by Plaintiff, City of Placerville, Todd Carvor, County of El Dorado, Gary Matthies, Gloria Magana, and Trudy Killian. (Gumpert, Franklin) Modified on 1/25/2008 (Marciel, M). Modified on 2/21/2008 (Waggoner, D). |
| Filing 32 ANSWER to COMPLAINT by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian.(Gumpert, Franklin) |
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Filing 31
ORDER signed by Judge Garland E. Burrell Jr. on 1/8/2008 ORDERING Matthies and Magana's motion to dismiss Risso's claim alleged under California Civil Code section 52.1 is GRANTED. The remainder of the motion is DENIED. Plaintiffs are granted leave to file an amended complaint that amends the dismissed claim provided that the amended complaint is filed no later than 10 days from the date on which this order is filed.(Matson, R)
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Filing 30
ORDER signed by Judge Garland E. Burrell Jr. on 01/02/08 ORDERING that the Scheduling Order is MODIFIED as follows: initial expert disclosures due by 02/08/08, rebuttal expert disclosures due by 03/10/08; Discovery completed by 07/08/08; last day to hear Motions is 09/08/08; Final Pretrial Conference set for 11/03/08 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Trial remains 12/16/08.(Benson, A)
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| Filing 29 STIPULATION and PROPOSED ORDER by Mark Risso. (Powell, Robert) |
| Filing 28 DECLARATION of Robert Powell re: Beltran v. County Santa Clara County taken En Banc and Unciteable. (Powell, Robert) Modified on 10/24/2007 (Yin, K). |
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Filing 27
STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 08/22/07 ordering the plaintiffs re-join as defendants the City of Placerville and Todd Carvor. The plaintiffs dismiss without prejudice any claims for punitive damages against Mr. Carvor. The defendants waive the requirement of being re-served with the complaint, and are deemed served as of the date of their signature on this stipulation and order. (Plummer, M)
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| Filing 26 STIPULATION and PROPOSED ORDER regarding re-joinder and service of dfts Carvor and City of Placerville by Mark Risso, A. R.. (Powell, Robert) Modified on 8/23/2007 (Carlos, K). |
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Filing 25
ORDER signed by Judge Garland E. Burrell Jr. on 8/6/07 GRANTING pltf's #18 Amended Motion for Guardian Ad Litem; Linda Risso is APPOINTED as the guardian ad litem for A.R..(Yin, K)
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| Filing 24 NOTICE by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian of Non-Opposition to Motion for Appointment of Linda Risso as Guardian ad Litem of A.R. (Gumpert, Franklin) Modified on 8/6/2007 (Matson, R). |
| Filing 23 DECLARATION of Robert R. Powell. Supplemental Declaration in Response to Defendants' Supplement to Reply (Powell, Robert) |
| Filing 22 INITIAL DISCLOSURE by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian. (Gumpert, Franklin) Modified on 7/3/2007 (Engbretson, K.). |
| Filing 21 DECLARATION of Robert R. Powell. in Response to Defendants' Reply Supplement (Powell, Robert) |
| Filing 20 REPLY SUPPLEMENT related to new authority regarding motions to dismiss (Attachments: #1 Exhibit 3-1 to Reply Supplement to Motion to Dismiss#2 Exhibit 3-2 to Reply Supplement to Motion to Dismiss#3 Exhibit 3-3 to Reply Supplement to Motion to Dismiss)(Gumpert, Franklin) Modified on 6/28/2007 (Carlos, K). |
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Filing 19
MINUTE ORDER: The Motion to Dismiss, scheduled for hearing on 6/25/07, is submitted without oral argument. There will not be a hearing on 6/25/07. re #12 Motion to Dismiss, Ordered by Judge Garland E. Burrell Jr. on 6/19/07. (Furstenau, S)
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| Filing 18 AMENDED MOTION to APPOINT GUARDIAN AD LITEM amending #3 MOTION to APPOINT GUARDIAN AD LITEM for minor plaintiff A.R. by Mark Risso.Motion Hearing set for 8/20/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Memorandum #2 Declaration in Support and Statement of Consent to Appointment as GAL)(Powell, Robert) Modified on 6/19/2007 (Plummer, M). |
| Filing 17 REPLY to RESPONSE to MOTION re #12 MOTION to DISMISS and For More Definite Statement. by Defendants County of El Dorado, Gary Matthies, Gloria Magana and Trudy Kilian (Gumpert, Franklin) |
| Filing 16 OPPOSITION to Motion to Dismiss. (Powell, Robert) Modified on 6/8/2007 (Carlos, K). |
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Filing 15
STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell Jr. on 5/24/2007 ORDERING the status (pretrial scheduling) conference scheduled inthis case for 6/4/2007 is VACATED. Discovery due by 5/14/2008; Final Pretrial Conference set for 9/22/2008 at 01:30 PM and Trial set for 12/16/2008 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Matson, R)
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| Filing 14 JOINT SCHEDULING REPORT by County of El Dorado, Mark Risso, City of Placerville, Gary Matthies, Gloria Magana, Trudy Killian, Todd Carvor. Attorney Gumpert, Franklin George added. (Gumpert, Franklin) |
| Filing 13 REQUEST for Judicial Notice by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian. (Attachments: #1 Exhibit 1-A to Request for Judicial Notice#2 Exhibit 1-B to Request for Judicial Notice#3 Exhibit 2 to Request for Judicial Notice)(Gumpert, Franklin) |
| Filing 12 MOTION to DISMISS and For More Definite Statement by County of El Dorado, Gary Matthies, Gloria Magana, Trudy Killian. Attorney Gumpert, Franklin George added. Motion Hearing set for 6/25/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Gumpert, Franklin) |
| Filing 11 WAIVER of SERVICE RETURNED EXECUTED by Mark Risso. City of Placerville waiver sent on 3/12/2007, answer due 5/11/2007. (Ingols, Dennis) |
| Filing 10 WAIVER of SERVICE RETURNED EXECUTED by Mark Risso. Attorney Ingols, Dennis Raymond added. County of El Dorado waiver sent on 3/12/2007, answer due 5/11/2007. (Ingols, Dennis) |
| Filing 9 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/4/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: #1 Consent Forms #2 VDRP Forms) (Kaminski, H) |
| Filing 8 SUMMONS ISSUED as to *County of El Dorado, City of Placerville, Gary Matthies, Gloria Magana, Debra Thurlow, Trudy Killian, Todd Carvor* with answer to complaint due within *20* days. Attorney *ROBERT ROSS POWELL* *ATTORNEY AT LAW* *925 WEST HEDDING STREET* *SAN JOSE, CA 95126*. (Kaminski, H) |
| Filing 6 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Mark Risso, A. R.. (Powell, Robert) |
| Filing 5 CERTIFICATE of NO RELATED ACTIONS/CASES by Mark Risso, A. R.. (Powell, Robert) Modified on 3/7/2007 (Kaminski, H). |
| Filing 4 DECLARATION of MARK RISSO in SUPPORT OF re #3 MOTION to APPOINT GUARDIAN AD LITEM for minor plaintiff A.R.. (Powell, Robert) |
| Filing 3 MOTION to APPOINT GUARDIAN AD LITEM for minor plaintiff A.R. by Mark Risso. (Powell, Robert) |
| Filing 2 CIVIL COVER SHEET by Mark Risso, A. R. (Powell, Robert) |
| Filing 1 COMPLAINT against all defendants by Mark Risso, A. R.. Attorney Powell, Robert Ross added.(Powell, Robert) |
| RECEIPT number 205 12695 for $350.00 for filing fee from Robert R. Powell. (Kaminski, H) |
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