(TEMP) Arroyo et al v. United States Department of Justice et al
Martha Arroyo, Hector Arroyo, Jr., Tiffany Garcia, Raymond Rivera, Jr. and State Farm Mutual Automobile Insurance Company |
United States Department of Justice, Frederick T. Edwards and United States of America |
2:2010cv01282 |
May 24, 2010 |
US District Court for the Eastern District of California |
Sacramento Office |
Sacramento |
Morrison C England |
Craig M Kellison |
Motor Vehicle |
28 U.S.C. § 1346 Tort Claim |
Plaintiff |
Docket Report
This docket was last retrieved on May 4, 2011. A more recent docket listing may be available from PACER.
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Filing 38 ORDER signed by Judge Morrison C. England, Jr. on 5/3/2011 ORDERING that Raymond Rivera, Sr.'s Petition for Approval of Minor, Raymond Rivera, Jr.'s settlement is GRANTED. (Zignago, K.) |
Filing 37 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 Petition for Approval of Compromise of Disputed Claim of Minor #34 , scheduled for hearing on 5/5/2011, is submitted without oral argument. The hearing date of 5/5/2011 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.(Deutsch, S) |
Filing 36 MINUTE ORDER (Text Only) issued by CRD S. Deutsch for District Judge, Morrison C. England, Jr.: The Stipulation for an Order Shortening Time for Hearing on Motion to Approve Minor's Compromise is granted and the Motion #34 is set for hearing on 5/5/2011 at 2:00 p.m. in Courtroom 7. (Deutsch, S) |
Filing 35 RESPONSE by United States of America to #34 Petition. (Ernce, Lynn) |
Filing 34 PETITION for Approval of Compromise of Disputed Claim of Minor by Hector Arroyo, Jr, Martha Arroyo, Tiffany Garcia, Raymond Rivera, Jr. (Attachments: #1 Proposed Order)(Ryan, Timothy) |
Filing 33 STIPULATION for an Order Shortening Time for Hearing on Motion to Approve Minor's Compromise by Hector Arroyo, Jr, Martha Arroyo, Tiffany Garcia, Raymond Rivera, Jr. (Ryan, Timothy) |
Filing 32 MINUTE ORDER (Text Only) issued by CRD S. Deutsch for District Judge, Morrison C. England, Jr.: The Petition for Approval of Compromise of Disputed Claim of Minor #25 , filed on behalf of Plaintiff Raymond Rivera, Jr., is denied, without prejudice, as substantively deficient. While the Petition reflects the applicable settlement amount, it does not show how the net proceeds, calculated at $3,395.01, have been derived. Neither the claimed attorney's fees or costs are delineated for the Court's consideration, as they must. In addition, while the Petition indicates that the minor has had "no major medical problems or complaints stemming from the accident", claimed symptomatology of any kind must be disclosed in order for the Court to assess whether the proposed settlement is in the minor's best interest. Because the scheduled hearing of May 5, 2010 is accordingly vacated, Plaintiffs' Request for Telephonic Appearance #30 is denied as moot.(Deutsch, S) |
Filing 31 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/22/11 for Compromise Settlement and Dismissal between State Farm Mutual Automobile Insurance Company and the United States; payment from the United States will be made by check drawn on the Treasury of the United States for $10,900.00 and payable to Clerkin and Sinclair; State Farm's action against the United States is DISMISSED WITH PREJUDICE in its entirety and clerk is directed to close this case; and the Honorable Morrison C. England, Jr. shall retain jurisdiction to enforce the terms of this compromise settlement. CASE CLOSED. (Carlos, K) |
Filing 30 REQUEST for Telephonic Appearance by Hector Arroyo, Jr, Martha Arroyo, Tiffany Garcia, Raymond Rivera, Jr. (Ryan, Timothy) |
Filing 29 STIPULATION and PROPOSED ORDER for Compromise Settlement and Dismissal Between State Farm Mutual Automobile Insurance Company and the United States by United States of America. (Ernce, Lynn) |
Filing 28 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/19/11: Motion Hearing set for 5/5/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.; all motion papers must be filed on or before 4/22/11; any response to motion must be filed on or before 4/29/11. (Manzer, C) |
Filing 27 NOTICE of SETTLEMENT by United States of America. (Ernce, Lynn) |
Filing 26 RESPONSE by United States of America to #25 Petition for approval of compromise of disputed claim of minor. (Ernce, Lynn) Modified on 4/19/2011 (Mena-Sanchez, L). |
Filing 25 Plaintiffs' PETITION for approval of compromise of disputed claim of minor. (Attachments: #1[PROPOSED] ORDER, #2 Proof of Service)(Ryan, Timothy) Modified on 4/19/2011 (Mena-Sanchez, L). |
Filing 24 Plaintiffs' STIPULATION and [PROPOSED] ORDER for an order shortening time for hearing on Motion to approve Minor's compromise. (Ryan, Timothy) Modified on 4/19/2011 (Mena-Sanchez, L). |
Filing 23 ORDER signed by Judge Morrison C. England, Jr on 4/14/11 ORDERING that with respect to Minor Plaintiff Raymond Rivera, Jr., the appointed Guardian ad Litem, Raymond Rivera, Sr., must obtain the necessary minor's compromise as a precondition to this settlement. This case will not be closed until court approval of that settlement is obtained. (Becknal, R) |
Filing 22 ORDER signed by Judge Morrison C. England, Jr on 4/14/11 ORDERING that Raymond Rivera, Sr. is hereby appointed as Guardian Ad Litem for minor, Raymond Rivera, Jr. (Becknal, R) |
Filing 21 PROPOSED ORDER for approval of appointment of guardian ad litem by Hector Arroyo, Jr, Martha Arroyo, Tiffany Garcia, Raymond Rivera, Jr. (Ryan, Timothy) Modified on 4/14/2011 (Zignago, K.). |
Filing 20 AMENDED STIPULATION and PROPOSED ORDER for Compromise Settlement and Dismissal Between the "Arroyo Plaintiffs" and the United States by United States of America. (Ernce, Lynn) Modified on 4/14/2011 (Zignago, K.). |
Filing 19 DISREGARD - SEE AMENDED STIPULATION - [STIPULATION and PROPOSED ORDER for Compromise Settlement and Dismissal Between the "Arroyo Plaintiffs" and the United States; Order Thereon re #18 Notice of Settlement by United States of America]. (Ernce, Lynn) Modified on 4/13/2011 (Duong, D). |
Filing 18 NOTICE of PARTIAL SETTLEMENT by United States of America. (Ernce, Lynn) Modified on 4/14/2011 (Zignago, K.). |
Filing 17 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 Craig M. Kellison*. (Benson, A.) |
Filing 16 ORDER CONSOLIDATING CASE and SCHEDULING ORDER signed by Judge Morrison C. England, Jr on 11/29/10; Pursuant to Fed. R. Civ. P. 42, the actions denominated as Martha Arroyo, et al. v. United States of America, No. 2:10-cv-01282-MCE-KJM and State Farm Mutual Automobile Insurance Company v. United States of America, No. 2:10-cv-01600-MCE-KJM are consolidated; 2. Case No. 2:10-cv-01282-MCE-KJM is Designated as the master file; 3. The Clerk of the Court is directed to administratively close case No. 2:10-cv-01600-MCE-KJM; and 4. The parties are directed to file all future pleadings, motions and other filings ONLY in case No. 2:10-cv-01282-MCE-KJM. Discovery due by 11/4/2011. Designation of Expert Witnesses due by 11/4/2012. Dispositive Motions filed by 3/8/2012, The parties shall file, not later than June 21, 2012, a Joint Final Pretrial Conference Statement; Final Pretrial Conference set for 7/12/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Bench Trial set for 9/4/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Williams, D) |
Filing 15 [DISREGARD docketed in error] SCHEDULING ORDER signed by Judge Morrison C. England, Jr on 11/29/10: Discovery due by 11/17/2011. Designation of Expert Witnesses due by 1/17/2012. Dispositive Motions filed by 3/22/2012, The parties shall file, not later than July 5, 2012, a Joint Final Pretrial Conference Statement; Final Pretrial Conference set for 7/26/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Jury Trial set for 9/17/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Williams, D) Modified on 11/30/2010 (Williams, D). |
Filing 14 RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 9/24/10 ORDERING that this case be related to case number 2:10-cv-1600-JAM-JFM and that the related case be reassigned to Judge Morrisson C. England, Jr. and Magistrate Judge Kimberly J. Mueller for all further proceedings; any dates currently set in the reassigned case are hereby VACATED; the Clerk shall issue an Order Requiring Joint Status Report; the caption on documents filed in the reassigned case shall be shown as 2:10-cv-1600-MCE-KJM; the Clerk shall make the appropriate adjustment to compensate for this reassignment. (Manzer, C) |
Filing 13 JOINT STATUS REPORT by United States of America. (Ernce, Lynn) |
Filing 12 ANSWER to COMPLAINT by United States of America.(Ernce, Lynn) |
Filing 11 NOTICE of Substitution of United States of America as Defendant by United States of America re #10 Notice - Other. (Ernce, Lynn) |
Filing 10 NOTICE of Certification of Scope of Federal Employment by Frederick T. Edwards, United States of America. Attorney Ernce, Lynn Trinka added. (Ernce, Lynn) |
PARTY UPDATE: United States Department of Justice terminated per #8 NOTICE of VOLUNTARY DISMISSAL. (Kaminski, H) |
Filing 9 NOTICE Withdrawal of Plaintiff's Jury Trial Demand by All Plaintiffs. (Ryan, Timothy) |
Filing 8 NOTICE of VOLUNTARY DISMISSAL by Hector Arroyo, Jr, Martha Arroyo, Tiffany Garcia, Raymond Rivera, Jr. (Ryan, Timothy) |
Filing 7 NOTICE of RELATED CASE 2:10-cv-01600 by United States of America. Attorney Ernce, Lynn Trinka added. (Ernce, Lynn) |
Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP Form) (Owen, K) |
Filing 5 SUMMONS ISSUED as to *United States Department of Justice* with answer to complaint due within *60* days. Attorney *Timothy James Ryan* *Ryan & Associates* *8072 Warner Avenue* *Huntington Beach, CA 92647*. (Owen, K) |
Filing 4 SUMMONS ISSUED as to *Frederick T. Edwards* with answer to complaint due within *21* days. Attorney *Timothy James Ryan* *Ryan & Associates* *8072 Warner Avenue* *Huntington Beach, CA 92647*. (Owen, K) |
RECEIPT number #CAE200026480 $350.00 fbo MARTHA AND HECTOR ARROYO by TIMOTHY J. RYAN AND ASSOC. on 5/24/2010. (Owen, K) |
Filing 3 PETITION for Appointment of Guardian Ad Litem against all defendants by Martha Arroyo, Hector Arroyo, Tiffany Garcia, R. Rivera, Raymond Rivera.(Ryan, Timothy) Modified on 5/24/2010 (Owen, K). |
Filing 2 CIVIL COVER SHEET by Martha Arroyo, Hector Arroyo, Tiffany Garcia, R. Rivera, Raymond Rivera (Ryan, Timothy) Modified on 5/24/2010 (Owen, K). |
Filing 1 COMPLAINT against all defendants by Martha Arroyo, Hector Arroyo, Tiffany Garcia, R. Rivera, Raymond Rivera. Attorney Ryan, Timothy James added.(Ryan, Timothy) Modified on 5/24/2010 (Owen, K). |
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