Elseth v. Speirs, et al
Plaintiff: Roger Arden Elseth, Patricia Ann Elseth and Allen Elseth
Defendant: Vernon Speirs, David - Gordon, Tam, Allenguiry, Saxton and Sheriff of the County of Sacramento
Case Number: 2:2008cv02890
Filed: November 30, 2008
Court: US District Court for the Eastern District of California
Office: Civil Rights: Other Office
County: Sacramento
Presiding Judge: Garland E. Burrell
Presiding Judge: Kimberly J. Mueller
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
April 4, 2012 Opinion or Order Filing 202 ORDER signed by Judge Garland E. Burrell, Jr. on 4/3/2012 ORDERING 201 The settlement agreement, which is attached to the motion # 201 , is APPROVED without any modification. The hearing on the motion, currently scheduled to commence at 9:00 AM on 4/20/2012, is VACATED. (Reader, L)
February 16, 2012 Opinion or Order Filing 200 ORDER signed by Judge Garland E. Burrell, Jr. on 2/15/2012 ORDERING Dispositional Documents to be filed by 4/30/2012; VACATING the Jury Trial set for 2/28/2012; SETTING a Status Conference for 5/21/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A Joint Status Report shall be filed 14 days prior to the Status Conference. (Michel, G)
December 7, 2011 Opinion or Order Filing 197 ORDER DENYING 196 Application filed by Allen Elseth signed by Judge Garland E. Burrell, Jr on 12/7/11. (Matson, R)
November 18, 2011 Opinion or Order Filing 195 ORDER signed by Judge Garland E. Burrell, Jr on 11/18/11 GRANTING-IN-PART and DENYING-IN-PART 190 Plaintiff's Motion. (Donati, J)
October 7, 2011 Opinion or Order Filing 187 ORDER signed by Judge Garland E. Burrell, Jr on 10/7/2011 ORDERING 182 Motion to Dismiss is DENIED; Plaintiff's counsel shall reimburse defendant in the amount of $3,285.00; trial is scheduled to commence on 2/28/2012 at 9:00 a.m.; Plaintiff shall notify the Court immediately if any issues arise in securing Plaintiff's attendance for trial; Plaintiff is warned that failure to do so could result in dismissal of this action. (Waggoner, D)
August 31, 2011 Opinion or Order Filing 181 ORDER signed by Judge Garland E. Burrell, Jr on 8/30/11: On or before September 13, 2011, Defendant's referenced motion to dismiss shall be filed. On or before September 27, 2011, Plaintiff shall file a response to Defendant's motion. On or before October 4, 2011, Defendant may file a reply to Plaintiff's response. Motion Hearing set for 10/11/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. The trial scheduled to commence on August 31, 2011 at 9:00 a.m. is vacated. Plaintiff's motion to give trial testimony and alternative motion for an order continuing the trial is denied as moot. (Kaminski, H)
August 29, 2011 Opinion or Order Filing 177 ORDER signed by Judge Garland E. Burrell, Jr on 8/29/11 ORDERING the Jury Trial CONTINUED TO 8/31/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Hearing on 176 Request for Reconsideration regarding the use of videoconferencing is set for 8/31/2011 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (cc Jury Sacramento) (Donati, J)
August 25, 2011 Opinion or Order Filing 167 ORDER FINALIZING "FINAL PRETRIAL ORDER" AND ADDRESSING IN LIMINE MOTIONS signed by Judge Garland E. Burrell, Jr. on 08/24/11 ORDERING that 135 , 145 , 147 , 162 Motions in Limine are GRANTED in part and DENIED in part as detailed in the order. (Benson, A.)
August 9, 2011 Opinion or Order Filing 152 TRIAL SCHEDULE signed by Judge Garland E. Burrell, Jr on 8/8/11; This communication responds to inquiries about the trial schedule in this case, which is as follows: trial commences at 9:00 a.m. on Tuesday, Wednesday, and Thursday of each week, and usually adjourns at approximately 4:30 p.m. However, once the jury begins deliberating, counsel shall be available for communication with the jury during the above mentioned time Monday through Friday.(Matson, R)
February 24, 2011 Opinion or Order Filing 132 ORDER signed by Judge Garland E. Burrell, Jr. on 02/04/11 ORDERING that each dft's 111 Motion for Summary Judgment is GRANTED. (Benson, A.)
February 2, 2011 Opinion or Order Filing 128 ORDER signed by Judge Garland E. Burrell, Jr on 2/1/2011 ORDERING that Plaintiffs' Rule 60(b) motion for relief is GRANTED. The Court's 114 November 22, 2010 Order is rescinded,and Defendants' 111 motion for summary adjudication is rescheduled for hearing to commence at 9:00 a.m. on February 22, 2011. Any opposition shall be filed no later than February 8, 2011. Any reply shall be filed no later than February 15, 2011. (Duong, D)
December 10, 2010 Opinion or Order Filing 123 ORDER signed by Judge Garland E. Burrell, Jr on 12/9/2010 ORDERING that the 115 Judgment filed on November 22, 2010 is VACATED. Further, the final pretrial conference scheduled for January 24, 2011 is rescheduled to commence at 3:30 p.m. on March 2 1, 2011. The parties shall file a JOINT pretrial statement no later than seven (7) calendar days prior to the final pretrial conference, and shall submit proposed jury instructions on liability and affirmative defenses with the joint pretrial statement.(Duong, D)
November 22, 2010 Opinion or Order Filing 114 ORDER signed by Judge Garland E. Burrell, Jr. on 11/19/2010 GRANTING defendants' 111 Motion for Summary Judgment. This action is CLOSED. (Marciel, M)
June 3, 2010 Opinion or Order Filing 105 ORDER denying 96 Motion to Amend the Judgment signed by Judge Garland E. Burrell, Jr on 6/2/2010. (Matson, R)
May 21, 2010 Opinion or Order Filing 100 ORDER signed by Judge Garland E. Burrell, Jr on 5/20/2010 ORDERING that the attached letter dated May 17, 2010, was sent to the undersigned judge and is hereby filed with the following redacted: the address, telephone number and email address of plaintiffs Roger Elseth and Patricia Elseth. (Duong, D)
April 15, 2010 Opinion or Order Filing 95 ORDER GRANTING DEFENDANT RICHARD SAXTON AND DEFENDANT DAVID GORDON'S MOTIONS TO DISMISS signed by Judge Garland E. Burrell, Jr on 4/14/10 ORDERING the Plaintiffs' conclusory allegations do not survive the dismissal motions. Therefore, the dismissal motions are granted and Plaintiffs' request for leave to amend is denied. (Becknal, R)
December 3, 2009 Opinion or Order Filing 69 ORDER granting in part and denying in part 51 Motion to Dismiss and 53 Motion to Dismiss signed by Judge Garland E. Burrell, Jr on 12/3/09. Plaintiffs have ten (10) days from the date on which this order is filed to file an amended complaint curing the deficiencies discussed in this order. (Kaminski, H)
August 14, 2009 Opinion or Order Filing 58 ORDER signed by Judge Garland E. Burrell, Jr on 8/13/2009 DENYING 49 Motion to Amend the Judgment. (Matson, R)
August 5, 2009 Opinion or Order Filing 57 ORDER signed by Judge Garland E. Burrell, Jr on 8/4/09 ORDERING the Status Order is MODIFIED as follows: the date by which the parties shall comply with FRCP 26(a)(2)(c)'s expert witness disclosure requirements is CONTINUED to 8/21/09. (Carlos, K)
July 1, 2009 Opinion or Order Filing 47 ORDER signed by Judge Garland E. Burrell, Jr on 6/30/09 ORDERING that Plaintiffs are granted ten days leave from the date on which this Order is filed to file an amended complaint in which they address the deficiencies in their complaint. (Mena-Sanchez, L)
April 10, 2009 Opinion or Order Filing 33 ORDER signed by Judge Garland E. Burrell, Jr on 4/9/09 ORDERING that since the Second Amended Complaint which Plaintiffs now have leave to file may address the basis of Saxton's dismissal motion, the 10 dismissal motion is no longer ripe for decision, and is therefore DENIED. (Duong, D)
February 4, 2009 Opinion or Order Filing 14 ORDER signed by Judge Garland E. Burrell, Jr on 02/03/09 GRANTING 12 Stipulation Extending Time For Defendant David Gordon to Respond to Complaint. IT IS ORDERED that Defendant Gordon shall have until no later than February 13, 2009. (Streeter, J)
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Plaintiff: Roger Arden Elseth
Represented By: James Joseph Lynch, Jr.
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Plaintiff: Patricia Ann Elseth
Represented By: James Joseph Lynch, Jr.
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Plaintiff: Allen Elseth
Represented By: James Joseph Lynch, Jr.
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Defendant: Vernon Speirs
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Defendant: David - Gordon
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Defendant: Tam
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Defendant: Allenguiry
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Defendant: Saxton
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Defendant: Sheriff of the County of Sacramento
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