Smith v. City of Stockton, et al
Plaintiff: Dion Smith
Defendant: City of Stockton, Eric Azarvand, Gregory Dunn, John Nesbitt, Blair Ulring and Steve Moore
Case Number: 2:2010cv02495
Filed: September 15, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Morrison C. England
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
March 3, 2020 Opinion or Order Filing 213 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/3/2020 DISMISSING this action pursuant to FRCP 41(a). Each party is to bear their own fees and costs, including all attorneys' fees. CASE CLOSED. (Zignago, K.)
October 30, 2019 Opinion or Order Filing 185 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/30/2019 GRANTING 154 Motion to Bifurcate. 151 , 152 , and 153 Motions in Limine are GRANTED IN PART AND DENYED IN PART and ruling is DEFERRED IN PART. 149 Motions in Limine are GRANTED IN PART AND DENYED IN PART and ruling is DEFERRED IN PART. (Huang, H)
May 14, 2019 Opinion or Order Filing 129 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/14/2019 IT IS SO ORDERED that Defendant Deputy Sheriff John Nesbitt is hereby DISMISSED with prejudice, all sides to bear their own fees and costs. (Reader, L)
February 7, 2019 Opinion or Order Filing 127 STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/19 ORDERING that Final Pretrial Conference set for 9/25/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Each party's Pretrial Statement and the Joint Statement shall be filed on or before 9/11/2019. Jury Trial set for 11/4/2019 at 09:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Kaminski, H)
August 17, 2018 Opinion or Order Filing 124 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/16/18, ORDERING that the Pretrial Conference is SET for 2/6/2019 at 10:00 AM and the Jury Trial is SET for 3/4/2019 at 09:00 AM, BOTH in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Kastilahn, A)
June 29, 2018 Opinion or Order Filing 119 ORDER signed by District Judge Morrison C. England, Jr. on 6/28/2018 DENYING without prejudice to refiling pursuant to the foregoing the parties' 118 stipulated request to continue trial date. (York, M)
December 1, 2017 Opinion or Order Filing 114 ORDER signed by District Judge Morrison C. England, Jr. on 11/30/2017 ORDERING 112 and 113 Defendants to its Supplemental Pretrial Scheduling Order and the request to vacate and reset the 9/10/2018, jury trial date is DENIED. the Final Pretrial C onference is CONFIRMED for 7/26/2018, at 2:00 p.m. and the Jury Trial is CONFIRMED on 9/10/2018, at 9:00 a.m., both hearings in courtroom 7; the trial is CONFIRMED for 14 days; IT IS FURTHER ORDERED all due dates and timelines set forth in the Court's Supplemental Pretrial Scheduling Order are CONFIRMED. (Reader, L)
July 27, 2017 Opinion or Order Filing 108 MEMORANDUM, and ORDER signed by District Judge Morrison C. England, Jr on 7/26/2017 DENYING 99 , 100 Motion for Summary Judgment. (Washington, S)
December 16, 2016 Opinion or Order Filing 93 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 12/16/16: Designation of Expert Witnesses due by 2/8/2017. Dispositive Motions to be heard by 5/18/2017. (Kaminski, H)
August 5, 2016 Opinion or Order Filing 88 STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/5/2016 GRANTING Defendant John Nesbitt Leave of Court to take the deposition of Plaintiff James E. Rivera, Sr. at California State Prison, Solano on 8/23/2016 at 09:00 AM; ORDER ING California State Prison, Solano to produce and make available Plaintiff James E. Rivera, Sr. for deposition on 8/23/2016 at 09:00 AM, or on a subsequent date if said plaintiff is not made available for the full seven (7) hours allowed by F.R.Cv.P . Rule 30(d); ORDERING Defendant John Nesbitt to coordinate said deposition with California State Prison, Solano so that the taking of the deposition is set for a time and place that will minimize disruptions to the orderly operation of the facility. (Michel, G.)
March 3, 2016 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/3/2016. Court hereby GRANTS parties' 85 Stipulation for Protective Order over all documents produced in case. (Marciel, M)
October 14, 2015 Opinion or Order Filing 80 MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 10/13/2015 ORDERING that Sherriff Defendants' 73 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. This action shall proceed only on the § 1983 claims against the Officer Defendants and Defendant Nesbitt in the FAC. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), the remaining defendants shall file an answer to the FAC within fourteen (14) days of the date that this Order is electronically filed. (Zignago, K.)
June 25, 2015 Opinion or Order Filing 72 ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/15 ORDERING the stay currently in place in this action is LIFTED; The Motion for Judgment on the Pleadings filed 4/17/15 67 is GRANTED; The third cause of action in Plaintiff's Fifth Amended Complaint and Defendants City of Stockton and Chief Ulring are DISMISSED. The Clerk is directed to DISMISS Defendants City of Stockton and Chief Ulring from this action; The claims against Defendants Officer Azarvand and Officer Dunn in thei r official capacities are DISMISSED.The Motion to Dismiss filed 4/3/12 53 , is DENIED without prejudice; The remaining parties are hereby required to file a Joint Status Report withinthirty (30) days of the date that this Order is electronically filed. (Becknal, R)
August 3, 2012 Opinion or Order Filing 64 ORDER signed by Judge Morrison C. England, Jr. on 8/2/2012 STAYING this action against all Defendants so long as the automatic stay is in place. (Michel, G)
July 16, 2012 Opinion or Order Filing 60 ORDER signed by Judge Morrison C. England, Jr. on 7/13/2012 ORDERING This action is STAYED against Defendant City of Stockton so long as the automatic stay is in place; and each of the non-bankrupt parties are directed to file a brief, not to exceed 10 pages in length, within 10 days of the date this Order is electronically filed, that addresses whether the Court can or should proceed without the City and, if so, how. In the absence of compelling argument to the contrary, the Court is inclined to stay the entire action so long as the bankruptcy stay is in place.(Reader, L)
February 29, 2012 Opinion or Order Filing 51 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr. on 2/29/2012 GRANTING 44 Motion to Dismiss the 43 Fourth Amended Complaint; DISMISSING CASE WITH LEAVE TO AMEND. Amended Complaint due within 20 days. (Michel, G)
June 9, 2011 Opinion or Order Filing 42 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr. on 6/8/2011 ORDERING that Dfts' 35 Motion to Dismiss is GRANTED with leave to amend. Pltf may file an amended complaint within 20 days. (Zignago, K.)
April 6, 2011 Opinion or Order Filing 33 ORDER signed by Judge Morrison C. England, Jr on 4/6/11 ORDERING dfts' motion to dismiss pltf's Second Amended Complaint 27 is GRANTED with leave to amend; pltf may file an amended complaint not later than 20 days after the date this Memorandum and Order is filed electronically. (Carlos, K)
January 27, 2011 Opinion or Order Filing 17 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr., on 1/26/11, ORDERING that 9 Defendants' Motion to Dismiss Plaintiff's Complaint is GRANTED with leave to amend. Pltf may file an amended complaint not later than 20 days after the date this Memorandum and Order is filed electronically. (Kastilahn, A)
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Defendant: City of Stockton
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Defendant: Eric Azarvand
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Defendant: Gregory Dunn
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Defendant: John Nesbitt
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Defendant: Blair Ulring
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Defendant: Steve Moore
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Plaintiff: Dion Smith
Represented By: John L. Burris
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