Fox et al v. Anderson et al
Plaintiff: Barry Fox, Narcisa Fox, Anthony Fox, Daniel Fox, Samuel Fox and Mario Fox
Defendant: Jason Walkup, Joy Pike, County of Sacramento, City of Rancho Cordova, Jasmine Delgado, R Cockerton, Elisa Olmo, Soka Om, Scott Anderson and B. McAtee
Case Number: 2:2011cv00419
Filed: February 14, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
December 20, 2013 Opinion or Order Filing 96 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/19/2013 RECOMMENDING that the 86 Amended Motion for Default Judgment be granted in part; RECOMMENDING that judgment be entered for the plaintiffs on their eighth claim for relief re 14 First Amended Complaint against Defendant Jasmine Delgado; RECOMMENDING that judgment be entered for the plaintiffs in the amount of $200,000.00; REFERRING this matter to Judge John A. Mendez; ORDERING that objections be filed within fourteen (14) days. (Michel, G)
April 15, 2013 Opinion or Order Filing 85 ORDER signed by Judge John A. Mendez on 4/12/2013 ORDERING that the 84 Findings and Recommendations are ADOPTED IN FULL. Plaintiffs' 68 motion for default judgment is DENIED WITHOUT PREJUDICE. (Zignago, K.)
February 13, 2013 Opinion or Order Filing 84 ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/12/2013 ORDERING 68 that the 2/20/2013 hearing on plainitffs' motion for default judgment is VACATED; RECOMMENDING 68 that plaintiff's motion for default judgment be denied without prejudice; Referred to Judge John A. Mendez; Objections due within 14 days after being served with these F & R's. (Reader, L)
January 4, 2013 Opinion or Order Filing 82 ORDER signed by Judge John A. Mendez on 1/3/2013 GRANTING 76 Motion to Appoint Guardians ad Litem. Plaintiffs Barry Fox and Narcisa Fox are APPOINTED Guardians ad litem for Minor Plaintiffs. (Zignago, K.)
September 14, 2012 Opinion or Order Filing 65 SUPPLEMENTAL ORDER signed by Judge John A. Mendez on 9/13/2012 ACCORDINGLY 45 Defendants' motion for summary adjudication on all the claims against McAtee is GRANTED. Defendants' Motion for Summary Adjudication on the claims brought by Plaintiffs in their First Amended Complaint against Defendants County of Sacramento, City of Rancho Cordova, and Brendan McAtee is GRANTED. (Reader, L)
September 11, 2012 Opinion or Order Filing 64 ORDER signed by Judge John A. Mendez on 9/10/12 ORDERING that Defendants' 45 MOTION for SUMMARY JUDGMENT is GRANTED in PART and DENIED in PART. The court allowed Plaintiffs to submit supplemental evidence regarding Plaintiffs' expert qualifications and to provide evidence previously omitted inadvertently, to which Defendants may reply. Following these filings, the Court will determine whether such evidence should be considered, and issue a ruling as to these Defendants.(Mena-Sanchez, L)
July 10, 2012 Opinion or Order Filing 44 STIPULATION and ORDER 43 signed by Judge John A. Mendez on 7/9/12 ORDERING that defendants have up to and including 7/20/12, to comply with the Discovery Order dated 6/8/12.(Matson, R)
July 9, 2012 Opinion or Order Filing 42 ORDER denying defendants' 38 Motion for Reconsideration, signed by Judge John A. Mendez on 7/9/12. (Kastilahn, A)
June 8, 2012 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/2012 GRANTING in part 32 Motion to Compel Production of Documents; ORDERING that the County's production and declaration be delivered to Plaintiffs by 6/15/2012. (Michel, G)
March 12, 2012 Opinion or Order Filing 25 STIPULATION and ORDER signed by Judge John A. Mendez on 3/12/2012 MODIFYING the 13 Status (Pretrial Scheduling) Order. Disclosure of Expert Witnesses due by 4/23/2012, Disclosure of Supplemental and Rebuttal Witnesses due by 5/15/2012. (Michel, G)
September 23, 2011 Opinion or Order Filing 22 ORDER signed by Judge John A. Mendez on 9/23/11. The Court GRANTS Defendants' Motion to Dismiss the First and Second Claims as to Olmo, Om, Pike, and Walkup 16 WITH LEAVE TO AMEND. The Court GRANTS Defendants' Motion to dismiss Pike from the Third Claim WITH PREJUDICE. The Court DENIES Defendants' Motion to Dismiss Pike from the Fourth Claim under Fed.R.Civ.P. 12(b)(6), but, as indicated below, finds that Pike has quasi-judicial and qualified immunity as to this claim. Defendant s' Motion to Dismiss the Third and Fourth Claims as against Anderson, McAtee, and Cockerton is GRANTED WITH LEAVE TO AMEND. Defendants Olmo, Om, Pike, and Walkup are entitled to absolute immunity as to the Third Claim. Defendants Olmo, Om, Pike, and Walkup are entitled to quasi- judicial qualified immunity as to the Fourth Claim for relief. Plaintiffs shall have twenty (20) days from the date of this Order to file a Second Amended Complaint if they so desire. Otherwise, this case will proceed against the remaining Defendants on the First Amended Complaint. (Mena-Sanchez, L)
March 21, 2011 Opinion or Order Filing 7 STIPULATION and ORDER 6 signed by Judge John A. Mendez on 3/18/11, ORDERING that Defendants County of Sacramento, Scott Anderson, Rich Cockerton, Brendan McAtee, Elisa Olmo, Soka Om, Jason Walkup, Joy Pike and City of Rancho Cordova have up to and including 4/7/11 to file a responsive pleading. (Kastilahn, A)
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Defendant: Jason Walkup
Represented By: Terence John Cassidy
Represented By: Kimberly L. Kakavas
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Defendant: Joy Pike
Represented By: Terence John Cassidy
Represented By: Kimberly L. Kakavas
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Defendant: County of Sacramento
Represented By: Terence John Cassidy
Represented By: Kimberly L. Kakavas
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Defendant: City of Rancho Cordova
Represented By: Terence John Cassidy
Represented By: Kimberly L. Kakavas
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Defendant: Jasmine Delgado
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Defendant: R Cockerton
Represented By: Kimberly L. Kakavas
Represented By: Terence John Cassidy
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Defendant: Elisa Olmo
Represented By: Kimberly L. Kakavas
Represented By: Terence John Cassidy
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Defendant: Soka Om
Represented By: Kimberly L. Kakavas
Represented By: Terence John Cassidy
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Defendant: Scott Anderson
Represented By: Kimberly L. Kakavas
Represented By: Terence John Cassidy
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Defendant: B. McAtee
Represented By: Kimberly L. Kakavas
Represented By: Terence John Cassidy
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Plaintiff: Barry Fox
Represented By: Lanny Thalbert Winberry
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Plaintiff: Narcisa Fox
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Plaintiff: Anthony Fox
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Plaintiff: Daniel Fox
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Plaintiff: Samuel Fox
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Plaintiff: Mario Fox
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