Ludavico v. Sacramento County et al
Plaintiff: Thomas Ludavico, Thomas Ludivico, Jr. and Ashley Ludavico
Defendant: Sacramento County, Sacramento County Sheriff's Department, John McGinness, Elk Grove Unified School District, Elk Grove Unified School District Police Department, Daniel Zuniga, Adrian Zuniga, Jim - Rose, Deputy Powe, Deputy Meuller, Deputy Schanap and DOES 1 through 50, inclusive
Case Number: 2:2008cv01473
Filed: June 24, 2008
Court: US District Court for the Eastern District of California
Office: Civil Rights: Other Office
County: Sacramento
Presiding Judge: Frank C. Damrell
Presiding Judge: John F. Moulds
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 28:1983 Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 28, 2013 Opinion or Order Filing 104 STIPULATION and ORDER FOR DISMISSAL signed by Chief Judge Morrison C. England, Jr. on 3/27/13. CASE CLOSED. (Mena-Sanchez, L)
November 6, 2012 Opinion or Order Filing 97 ORDER signed by Chief Judge Morrison C. England, Jr. on 11/06/12 ORDERING that the 91 Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows: plaintiffs' second, third, and seventh causes of action are DISMISSED WITHOUT LEAVE TO AMEND; plaintiffs' first cause of action is DISMISSED WITHOUT LEAVE TO AMEND as to all defendants EXCEPT defendants Heller, Schannep and Weightman; plaintiffs' fourth, fifth and sixth causes of action are DISMISSED WITHOUT LEAVE TO AMEND for all defendants EXCEPT defendants Schannep and Sacramento County; and plaintiffs' sixth cause of action is DISMISSED WITHOUT LEAVE TO AMEND to the extent that it is brought by plaintiffs Ashley and Thomas Ludavico. (Benson, A.)
October 17, 2012 Opinion or Order Filing 96 ORDER signed by Judge Morrison C. England, Jr. on 10/16/2012 GRANTING 89 Stipulated request to modify the amended pretrial scheduling order; the Court's second amended pretrial scheduling order is hereby VACATED; a third amended pretrial scheduling order will issue. (Reader, L)
June 5, 2012 Opinion or Order Filing 88 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr. on 6/4/2012 GRANTING defendants' 78 Motion to Dismiss Second Amended Complaint with final leave to amend. Within 30 days of service of this Order, plaintiffs shall file an Amended Complaint and may not add any new claims to it. (Marciel, M)
October 7, 2011 Opinion or Order Filing 77 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 10/06/11 ORDERING that Defendants SACRAMENTO COUNTY, SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, JOHN MCGINNESS, DANIEL ZUNIGA, ADRIAN ZUNIGA, DEXTER POWE, MICHAEL HELLER, BRETT SCHANN EP, GREG HANKS, CHRIS MORA, JOHN SYDOW, and CHRIS WEIGHTMAN may have until October 14, 2011 to file a responsive pleading to Plaintiffs' Second Corrected Second Amended Complaint. No further extensions to respond to the Second Amended Complaint shall be granted. (Becknal, R)
August 26, 2011 Opinion or Order Filing 73 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 08/25/11 ORDERING that dfts Sacramento County, Sacramento County Sheriff's Dept., John Mcginness, Daniel Zuniga, Adrian Zuniga, Exter Poew, Michael Heller, Brett Schnnep, Greg Hanks, Chris Mora, John Sydow and Chris Weightman have until 09/30/11 to file a responsive pleading to plfs' Second Corrected Second Amended Complaint. (Benson, A.)
August 19, 2011 Opinion or Order Filing 71 STIPULATION and ORDER 70 signed by Judge Frank C. Damrell, Jr on 8/19/2011 GRANTING Defendants until August 29, 2011 to file a responsive pleading to Plaintiffs' Second Corrected Amended Complaint. (Krueger, M)
August 4, 2011 Opinion or Order Filing 67 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 8/4/11 ORDERING that Plaintiffs are GRANTED leave to file the Second Amended Complaint.(Mena-Sanchez, L)
April 21, 2011 Opinion or Order Filing 61 ORDER signed by Judge Frank C. Damrell, Jr. on 04/21/11 ORDERING that, pursuant to 59 Stipulation, the Status (Pre-Trial Scheduling) Order is RESET as modified by the Court as follows: Last Day to Complete Discovery: 03/16/12; Expert Witness Disclo sure: 04/12/12; Supplemental Disclosure of Rebuttal Expert Witnesses: 04/23/12; Last Day to Complete Expert Discovery: 05/25/12; Last Day to Hear Dispositive Motions: 08/24/12; Final Pretrial Conference set for 01/11/13 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr.; Trial set for 03/12/13 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. (Benson, A.)
May 12, 2010 Opinion or Order Filing 57 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell, Jr on 5/12/10 ORDERING discovery to be completed by 6/17/11; disclosure of expert witnesses due by 7/1/11; motion hearing shall be heard no later than 11/18/11; final pretrial confe rence set for 3/23/12 at 2:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr..; jury trial is set for 9:00 AM on 6/5/12 in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr..; this status order will become final without further order of hte court unless objections are filed within 14 days of service of this order. (Carlos, K)
February 11, 2010 Opinion or Order Filing 48 ORDER and ORDER to SHOW CAUSE RE SANCTIONS signed by Judge Frank C. Damrell, Jr on 2/11/10: Plaintiffs' counsel is ordered to show cause why he should not be sanctioned in the amount of $150.00 for failing to timely file plaintiffs' Se cond Amended Complaint in compliance with the court's order dated October 22, 2009. Plaintiffs' counsel shall file his response to the order to show cause on or before March 12, 2010. Show Cause Hearing set for 3/26/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Kaminski, H)
October 22, 2009 Opinion or Order Filing 46 MEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr on 10/22/2009 ORDERING Dft Elk Grove Unified School District's ("EGUSD") Motion to Dismiss 19 DENIED as MOOT. Pltfs' Motion to Amend 30 is also DENIED as MOOT to the ex tent it raised issues pretaining to EGUSD; however, the Court GRANTS pltfs' motion to the extent it pertains to the remaining County dfts. Therefore, pltfs shall file and serve their second amended complaint within 20 days, and dfts shall have 3 0 days thereafter to file a response. With respect the EGUSD's Motion for Rule 11 Sanctions 37 the Court GRANTS the District's motion based on pltfs statement of non-opposition. Pltfs' counsel is directed to pay the request attorneys ' fees and costs of $1,885.50, within 30 days. Having provided no justification for failing to timely respond to the motion for sanctions, the Court also santions pltfs' counsel $150 pursuant to the OSC 40 . Said amount shall be paid to the Court within 30 days of this order. (Krueger, M)
July 22, 2009 Opinion or Order Filing 35 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 7/21/09 ORDERING dfts County of Sacramento, Sacramento County Sheriff's Dept, John McGuinnes, Daniel Zuniga, Adrian Zuniga, Dexter Powe, Michael Heller (erroneously sued as "Muel ler", Brett Schannep (erroneously sued as "Schanap" due date to file an initial pleading is EXTENDED as follows: In the event the Court grants Pltfs' motion for leave to file a Second Amended Complaint, or deems the Second Amended Complaint filed, Stipulating Dfts initial responsive pleading in this matter shall be a response to the Second Amended Complaint, which response shall be due not later than twenty (20) days after either the date the Second Amended Complaint is filed electronically or the date the Courts order deeming the Second Amended Complaint filed is filed electronically; or in the event the Court denies Pltfs motion for leave to file a Second Amended Complaint, Stipulating Dfts' responsive pleading in this matter shall be a response to the First Amended Complaint, which shall be due no later than twenty (20) days after the date the Courts order denying Pltfs motion for leave to file a Second Amended Complaint. (Carlos, K)
April 21, 2009 Opinion or Order Filing 22 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 4/20/09 re 21 ORDERING that dfts County of Sacramento, John McGinness, Daniel Zuniga, Adrian Zuniga Deputy Dexter Powe, Deputy Michael Heller and Deputy Brett Schnanep may have until 4/27/09, to file a responsive pleading to the Plaintiff's First Amended Complaint. (Duong, D)
January 22, 2009 Opinion or Order Filing 13 ORDER signed by Judge Frank C. Damrell, Jr. on 1/22/2009 GRANTING 12 Plaintiffs' Ex Parte Application. Defendants' Motion to Dismiss 8 is CONTINUED to 3/6/09 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. Plaintiffs shall file an opposition by 2/20/09 at 4:00 PM, and Defendants shall file a reply by 2/27/09 at 4:00 PM. (Krueger, M)
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Plaintiff: Thomas Ludavico
Represented By: William E. Bonham
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Plaintiff: Thomas Ludivico, Jr.
Represented By: William E. Bonham
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Plaintiff: Ashley Ludavico
Represented By: William E. Bonham
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Defendant: Sacramento County
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Defendant: Sacramento County Sheriff's Department
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Defendant: John McGinness
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Defendant: Elk Grove Unified School District
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Defendant: Elk Grove Unified School District Police Department
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Defendant: Daniel Zuniga
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Defendant: Adrian Zuniga
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Defendant: Jim - Rose
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Defendant: Deputy Powe
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Defendant: Deputy Meuller
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Defendant: Deputy Schanap
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Defendant: DOES 1 through 50, inclusive
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