Eaglesmith et al v. Ray et al
| Bruce Barnes, Jerald Clinton Eaglesmith, Ramona Eaglesmith, Justus Eaglesmith and Eileen Cox |
| Tori Willits, Glenn Harris, Yvonne Bales, Board of Trustees of Plumas County Office of Education/Plumas County Unified School District, Terry Oestreich, Jeff Ray, Sue Segura and Bruce Williams |
| 2:2011cv00098 |
| January 11, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Plumas |
| John A. Mendez |
| John F. Moulds |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
284
STIPULATION and ORDER signed by Judge John A. Mendez on 8/9/2013 DISMISSING CASE, with prejudice. CASE CLOSED. (Michel, G)
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Filing
277
ORDER signed by Judge John A. Mendez on 3/25/13 GRANTING in part and DENYING in part 251 and 253 Motions to Review Taxation of Costs. The total costs are reduced to $49,398.03, with $12,349.51, a quarter of the total costs, taxed against Bruce Barnes and $12,349.51 taxed against Ramona Eaglesmith. (Manzer, C)
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Filing
276
PRETRIAL CONFERENCE ORDER signed by Judge John A. Mendez on 3/25/13: Settlement Conference set for 4/16/2013 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Jury trial confirmed for 5/20/2013 at 9:00 a.m. (Kaminski, H)
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Filing
260
JUDGMENT signed by Judge John A. Mendez on 2/1/13 ORDERING that plaintiff Bruce Barnes take nothing, that his action be DISMISSED on the merits and that defendants Board of Trustees of Plumas County Office of Education and Plumas Unified School District recover its costs. (Meuleman, A)
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Filing
248
ORDER signed by Judge John A. Mendez on 11/27/12 GRANTING Summary Judgment in favor of defendant Sue Segura and against Plaintiff Ramona Eaglesmith. FURTHER, the Court sustains each of defendant SUE SEGURAs objections toplaintiffs evidence.(Mena-Sanchez, L)
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Filing
221
STIPULATION and ORDER signed by Judge John A. Mendez on 8/28/12: Final Pretrial Conference RESET for 3/22/2013 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial RESET for 5/20/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)
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Filing
160
FIRST AMENDED STIPULATION AND ORDER signed by Judge John A. Mendez on 7/19/2012 ORDERING 159 Therefore, plaintiffs and defendants hereby stipulate that the Court enter an Order that directs Dr. Jeff Gould to produce the tests and test results to the parties' attorneys. 47 (Reader, L)
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Filing
158
STIPULATION and ORDER signed by Judge John A. Mendez on 7/12/12 ORDERING that Dr. Matt Gould is directed to produce the tests and test results to the parties' attorneys. (Kastilahn, A)
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Filing
105
STIPULATION and ORDER re deposition of Jim Lake signed by Judge John A. Mendez on 6/1/12. (Kaminski, H)
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Filing
103
ORDER signed by Magistrate Judge John F. Moulds on 5/21/12 ORDERING that Plaintiffs' 98 motion for order shortening time is GRANTED; and the 5/24/2012 hearing on this matter is VACATED. Plaintiffs' 97 , 100 motion for leave to conduct deposition is PARTIALLY GRANTED. Plaintiff is GRANTED leave to take the deposition of Jim Lake for a maximum of four hours. The deposition of Jim Lake shall be taken in lieu of the deposition of Brad Baker. Defendants' request that plaintiffs be ordered to bear the cost of Jim Lake's travel and related expenses associated with his deposition is DENIED. (Kastilahn, A)
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Filing
96
ORDER signed by Magistrate Judge John F. Moulds on 4/30/2012 ORDERING 87 that defendants' 4/5/2012 motion for protective order is PARTIALLY GRANTED. Within 7 days of the date of this order, plaintiffs shall return all four unredacted letters in their possession to the defendants. Within 7 days of receipt of the unredacted letters, defendants shall produce said letters in redacted form to plaintiffs. (Reader, L)
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Filing
94
ORDER signed by Magistrate Judge John F. Moulds on 4/25/12 ORDERING that plaintiff's 77 motion for leave of court is partially granted. Plaintiffs are granted leave to depose the following individuals for a maximum of four hours each: Daniele DeBoever, Tom Goss and Brad Baker. Plaintiffs' 77 motion for leave of court is denied as to Marilyn Christiansen, Nathan Bales and Jim Lake. (Kastilahn, A)
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Filing
90
ORDER signed by Magistrate Judge John F. Moulds on 4/5/2012 ORDERING that defendants' 3/5/2012 75 motion to compel is PARTIALLY GRANTED. Defendants shall have an additional four hours to depose J.C. Eaglesmith. To the extent any of that time h as already been exhausted, that exhausted time shall count against the additional four hours granted here. That is, defendants aver that they have deposed J.C. Eaglesmith for a total of 7 hours and 15 minutes. Thus, 15 minutes will be subtracted from the additional time, leaving defendants 3.75 hours available to depose J.C. Eaglesmith. (Zignago, K.)
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Filing
86
STIPULATION and ORDER 85 signed by Judge John A. Mendez on 4/3/12: Plaintiff herein is not making any claims for mental and emotional distress beyond garden-variety stress which is defined in Fitzgerald v. Cassil (N.D. Cal. 2003) 216 F.R.D. 632, 637 as ordinary or commonplace emotional distress, that which is simple or usual. Plaintiff will not introduce any expert testimony regarding the issue of mental and emotional distress at trial in support of any claim for damages. (Kastilahn, A)
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Filing
84
STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 3/30/12 GRANTING the mental examination of plaintiff Jerald Clinton (J.C.) Eaglesmith. The examination will occur on 4/18/12, at 10:00 a.m. at Esquire Deposition Services, located at 2151 River Plaza Dr., Ste. 300, Sacramento, CA, 95833, (916) 446-2700, and will be conducted by Jeffrey Gould, M.D. (Becknal, R)
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Filing
83
STIPULATION and ORDER 79 signed by Magistrate Judge John F. Moulds on 3/30/2012 allowing mental examination of plaintiff of Eileen Cox. The examination will occur on 4/24/2012 at 11:00 AM at Esquire Deposition Services (2151 River Plaza Drive, Suite 300 in Sacramento, CA). (Marciel, M)
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Filing
73
ORDER partially granting 66 Motion to Compel signed by Magistrate Judge John F. Moulds on 2/9/12: Each side shall bear its own costs and attorneys' fees. (Kaminski, H)
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Filing
63
STIPULATION and ORDER signed by Judge John A. Mendez on 12/30/2011 ORDERING that Plaintiffs alleged in their Sixth Claim for Relief of their First Amended Complaint that defendants violated the First Amendment rights of plaintiff J.C. Eaglesmith. The Court, in its Order Granting in Part and Denying in Part Defendants' 50 Motion to Dismiss and Motion to Strike, observed that such allegations were redundant because they also appeared in plaintiffs' Eighth Claim for Relief, and therefor e dismissed them with prejudice. Plaintiffs inadvertently included those allegations in the Sixth Claim for Relief of their Second Amended Complaint. Therefore, plaintiffs and defendants hereby stipulate that those specific allegations be dismissed from the Sixth Claim for Relief of the Second Amended Complaint.(Zignago, K.)
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Filing
60
ORDER signed by Magistrate Judge John F. Moulds on 12/19/2011 ORDERING that The parties are directed to meet and confer within ten days of the date of this order regarding Requests for Production Nos. 9, 11, 13, 14 and 29. Thereafter, the parties are directed to file with the court a joint statement regarding whether any dispute remains as to these requests. Plaintiffs' 51 motion to compel is GRANTED as to Requests for Production Nos. 2, 3, 7, 16, 17, 22, 23, 27 and 28 in this order. Pla intiffs' motion to compel is partially granted as to Request for Production No. 15. The court agrees with defendants that this request is overbroad and hereby narrows it to exclude the terms "and other communications." Thus, Request N o. 15 now reads: Any documents relevant to: complaints by District employees, volunteer coaches, and members of the community, concerning the QHS basketball program during school years 2004-2005, 2005-2006, 2006-2007, and 2009-2010, including but not limited to a complaint by Ron Collins concerning the availability, during December 2009, of seatbelts in plaintiff Eaglesmith's vehicle, and responses by District employees. Defendants shall submit documents responsive to this modified request within fourteen (14) days from the date of this order. Defendants shall also submit verified statements as set forth in Section 2(b). Plaintiffs motion to compel is DENIED as to Request for Production No. 21. (Duong, D)
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Filing
50
ORDER signed by Judge John A. Mendez on 10/05/11 ORDERING that dfts' 34 Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows: the first claim for relief is DENIED; the second claim for relief is DENIED; the third claim for relief is DENIED; the Title VII claim within the fourth claim for relief is GRANTED; the Title VII claim within the fourth claim for relief is DISMISSED WITH PREJUDICE; the FEHA claim within the fourth claim for relief is DENIED; the fifth claim for relief is DENIED; the Equal Protection claim within the sixth claim for relief is DENIED; the First Amendment claim within the sixth claim for relief is GRANTED; the First Amendment discrimination claim within the sixth claim for relief is DISMISSED WITH P REJUDICE; the seventh claim for relief is GRANTED; the seventh claim for relief is DISMISSED, WITH LEAVE TO AMEND; the eighth claim for relief is GRANTED; the eighth claim for relief is DISMISSED, WITH LEAVE TO AMEND. The 31 Motion to Strike is DE NIED. Plaintiffs are ordered to file a Second Amended Complaint w/i 21 days; the allegations regarding J.C.'s alleged "medical condition" should not be included in the Second Amended Complaint, as plfs' opposition brief did not oppose their dismissal and did not respond to any of dfts' arguments concerning the dismissal of these allegations. (Benson, A.)
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Filing
47
STIPULATION and PROTECTIVE ORDER 46 signed by Judge John A. Mendez on 7/28/2011. Any tangible information supplied that qualifies for protection, in written or documentary form, shall be labeled by supplying party as "CONFIDENTIAL". (Marciel, M)
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Filing
39
STIPULATION and ORDER signed by Judge John A. Mendez on 6/15/2011 ORDERING this case is REFERRED to VDRP. (Zignago, K.)
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Filing
30
STIPULATION and ORDER signed by Judge John A. Mendez on 4/21/2011 ORDERING 29 that the defendants have given written consent to allow plaintiffs to file the First Amended Complaint they previously e-filed 28 , dfts shall have to and including 5/20/2011 within which to file a responsive pleading, and dfts' 15 Motion to Dismiss the original Complaint is WITHDRAWN. (Reader, L)
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Filing
21
ORDER signed by Judge John A. Mendez on 4/4/11 GRANTING 20 Motion to Appoint Jerald Clinton (J.C.) Eaglesmith as Guardian ad Litem for petitioner.(Matson, R)
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Filing
19
STATUS ORDER signed by Judge John A. Mendez on 3/21/11 ORDERING dispositive motions due by 7/11/12; discovery due by 6/1/12; Designation of Expert Witnesses due by 4/6/2012; Final Pretrial Conference set for 9/21/2012 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; and Jury Trial set for 10/29/2012 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Carlos, K) Modified on 3/21/2011 (Carlos, K).
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Filing
7
STIPULATION and ORDER signed by Judge John A. Mendez on 2/17/2011 re 6 ORDERING that all defendants shall have a 21 day extension until March 15th, 2011 to respond to Plaintiffs' complaint. (Duong, D)
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