McMurray v. County of Sacramento et al
| Valetta McMurray |
| County of Sacramento, John McGinness, Javier Bustamante, V. Candido and L. Culp |
| 2:2009cv02245 |
| August 10, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Garland E. Burrell |
| Plaintiff |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
88
ORDER DISMISSING CASE signed by Judge Garland E. Burrell, Jr. on 2/6/2012 ORDERING the trial scheduled to commence on 2/7/2012, is VACATED; Further, in light of Plaintiff's representation that "all issues and all claims" have settled, this action is DISMISSED. CASE CLOSED. (Reader, L)
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Filing
86
ORDER signed by Judge Garland E. Burrell, Jr on 2/3/12 ORDERING the proposed qualified immunity jury instructions are an inadequate guide for the jury's deliberation since they do not explain instructed terms. In light of this ruling on how the qualified immunity affirmative defense will be decided, the 59 Final Pretrial Order is supplemented with this order. (Donati, J)
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Filing
83
ORDER signed by Judge Garland E. Burrell, Jr on 1/30/12; Defendants have not shown that the decedent's father is an "indispensable party" under Rule 19(b); they only argue that he is a "necessary" party. (Def.'s Brief 5: 20-22.) Further, Defendants have not shown that their failure to object in their first responsive pleading to the absence of the decedent's father as a party does not constitute waiver of the issue. Therefore, Defendants' "standing" arguments on Plaintiff's wrongful death claim are disregarded.(Matson, R)
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Filing
82
ORDER signed by Judge Garland E. Burrell, Jr. on 1/19/2012 GRANTING in part and DENYING in part Defendant's 60 Motion in Limine; GRANTING in part and DENYING in part Plaintiff's 61 Motion in Limine. (Michel, G)
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Filing
73
ORDER signed by Judge Garland E. Burrell, Jr. on 1/11/2012 ORDERING that Defendants filed a trial brief on 1/10/2012, in which they argue "Plaintiff has no standing to assert Fourth Amendment claims personal to decedent" since "she has not (and cannot) satisfy the requirements of California Code of Civil Procedure Section 377.32." (ECF No. 71 , 6:14-18.) "On this basis," Defendants argue, "any claims asserted on behalf of decedent should be dismissed." Id . at 6:17-18. Defendants did not raise this standing issue in law and motion, and the prescribed last hearing date for such matters has passed. However, since it is unclear whether Plaintiff's standing to "assert claims on behalf of deceden t" concerns the Court's jurisdiction over some of Plaintiff's claims, each party shall file a brief addressing these matters no later than 4:00 p.m. on 1/17/2012. Any response brief shall be filed no later than 4:00 p.m. on 1/20/2012. (Zignago, K.)
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Filing
57
ORDER ADOPTING 50 FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 11/8/2011. Defendants' 34 Motion for Summary Judgment is GRANTED in part and DENIED in part. The 51 substitution of counsel is APPROVED. Because plaintiff is now represented by counsel, referral of this case to Magistrate Judge is WITHDRAWN and REFERRED back to Judge Burrell. (Marciel, M)
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Filing
50
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/4/2011 CONTINUING Final Pretrial Conference to 11/21/2011 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; RECOMMENDING that the 34 Motion for Summary Judgment be granted in part and denied in part. Motion referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)
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Filing
48
STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 7/26/2011 ORDERING that the documents described may be designated as "Confidential" and produced subject to this Order and used solely for preparation and trial of this case. (Waggoner, D)
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Filing
44
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/25/2011 ORDERING that Dfts' 43 Ex Parte Application to modify the scheduling order is GRANTED. The discovery completion deadline is CONTINUED to 9/21/2011. Final Pretrial Conference is CONTINUED to 11/7/2011 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. All other dates and deadlines set forth in the status (pretrial scheduling) order shall remain the same. (Zignago, K.)
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Filing
38
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/4/11 ORDERING Defendants' application to modify the scheduling order, Dckt. No. 36, is granted; The discovery completion deadline set forth in the status (pretrial scheduling) order is cont inued to June 17, 2011. As provided in that order, the word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriat e order if necessary and, where discovery has been ordered, the order has been complied with. Motions to compel discovery must be noticed on the undersigned's calendar in accordance with the Local Rules and must be heard not later than May 18, 2011; All other dates and deadlines set forth in the status (pretrial scheduling) order, Dckt. No. 32, shall remain the same.(Matson, R)
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Filing
35
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 3/28/2011 ORDERING that the hearing on dfts' 34 motion for summary judgment is CONTINUED to 5/11/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; pltf shall show cause, in writing no later than 4/27/2011; dfts may file a reply to pltf's opposition, if any on or before 5/4/2011. (Reader, L)
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Filing
28
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/13/10. A Status Conference is SET for 8/11/2010 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. If one or more parties elects to file a further status report, the status report(s) shall be filed at least 14 days prior to the conf. (Kastilahn, A)
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Filing
27
ORDER signed by Judge Garland E. Burrell, Jr. on 05/06/10 ORDERING that plf's counsel's 25 Motion to Withdraw as Attorney is GRANTED; Valetta Murphy now represents herself in this case. Clerk to delete the Law Office of John L. Burris from the service list; add and serve Valetta Murphy and designate this case as pro se. This case is REFERRED to the magistrate judge. The 06/28/10 hearing on this Motion is VACATED. (Benson, A.)
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Filing
9
OSC AND ORDER SETTING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 1/14/10 ORDERING that Plaintiff and her lawyer are Ordered to Show Cause ("OSC") by 4:00 p.m. on 1/22/10. The hrg on this OSC will be held on 3/1/10, at 9:00 a.m., at the same time as the hearing on the first OSC issued to Plaintiff, which is reset to that date and time. Since no status report was filed the 1/19/10 status conference is also reset to 3/1/10, commencing at 9:00 a.m. In accordance with the requirements set forth in the 8/13/09 Initial Scheduling Order ("August 13 Order"), a joint status report shall be filed no later than 14 days prior to the status conference since review of the docket reveals the Defendants have filed an answer. Lastly, the Doe defendants are dismissed since timely justification has not been filed warranting Doe defendant allegations remaining in this case. (Becknal, R)
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Filing
6
ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 11/24/09 ORDERING pltf TO SHOW CAUSE IN WRITING no later than 4:00 PM on 12/28/09 why sanctions should not be imposed for failure to file a timely status report. (Carlos, K)
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