Duenez et al v. City of Manteca et al
Plaintiff: DD, Rosemary Duenez, Whitney Duenez and Ernesto Duenez, Sr.
Defendant: Aguilar, David Bricker, City of Manteca and John Moody
Case Number: 2:2011cv01820
Filed: July 11, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Referring Judge: Lawrence K Karlton
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 23, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 23, 2014 Opinion or Order Filing 204 ORDER signed by Judge Lawrence K. Karlton on 4/22/14 AMENDING #199 Order re #196 MOTION to APPOINT GUARDIAN AD LITEM. (Meuleman, A)
April 22, 2014 Filing 203 AMENDED #196 PROPOSED ORDER re: Petition to appoint Guardian Ad Litem and to approve Minor's Compromise by DD and Whitney Duenez. (Nisenbaum, Benjamin) Modified on 4/23/2014 (Marciel, M) Modified on 4/23/2014 (Meuleman, A).
April 17, 2014 Opinion or Order Filing 202 ORDER of USCA, #14-15049, The joint motion to dismiss this appeal under FRAP 42(b) is granted. The appeal is dismissed. Costs shall be allocated pursuant to the joint motion. A copy of this order shall act as and for the mandate of the Court. re #132 Notice of Appeal filed by City of Manteca, John Moody, David Bricker (Reader, L)
April 15, 2014 Filing 201 CLERK'S NOTICE of VOLUNTARY DISMISSAL pursuant to Stipulation of Dismissal #200 . CASE CLOSED. (Rivas, A)
April 15, 2014 Filing 200 STIPULATION of Dismissal by David Bricker, City of Manteca, John Moody. (Conley, Sean)
April 8, 2014 Opinion or Order Filing 199 ORDER signed by Judge Lawrence K. Karlton on 4/7/14 GRANTING #196 Motion to Appoint Guardian ad Litem ad Litem and APPROVING minor's compromise. (Meuleman, A)
April 7, 2014 Filing 198 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 4/7/2014 re #196 MOTION to APPOINT GUARDIAN AD LITEM and Approving Minor's Compromise filed by Ernesto Duenez, Sr., Rosemary Duenez, DD, Whitney Duenez. Hearing no objections, the motion was GRANTED. Court order to issue. Plaintiffs Counsel Benjamin Nisenbaum present. Defendants Counsel: No Appearance. Court Reporter: C. Bodene. (Rivas, A)
March 24, 2014 Opinion or Order Filing 197 ORDER signed by Judge Lawrence K. Karlton on 3/24/2014 GRANTING plaintiffs' #195 Application for Court Order Shortening Time. The hearing for #194 Motion for Appointment of Guardian Ad Litem and Approving Minor's Compromise is CONTINUED to 4/7/2014 at 10:00 AM in Courtroom 4 (LKK). (Marciel, M)
March 21, 2014 Filing 196 AMENDED MOTION to APPOINT GUARDIAN AD LITEM and Approving Minor's Compromise; PROPOSED ORDER by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Nisenbaum, Benjamin) Motion Hearing SET for 4/7/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Modified on 3/25/2014 (Kastilahn, A).
March 19, 2014 Filing 195 APPLICATION for COURT ORDER SHORTENING TIME on hearing for #194 Motion to Appoint Guardian Ad Litem; PROPOSED ORDER by plaintiffs. (Nisenbaum, Benjamin) Modified on 3/20/2014 (Michel, G).
March 11, 2014 Filing 194 (TERMED, REFER to #196 Amended Motion.) MOTION to APPOINT GUARDIAN AD LITEM and APPROVING minor's Compromise by plaintiffs; PROPOSED ORDER. (Nisenbaum, Benjamin) Modified on 3/24/2014 (Marciel, M) Modified on 3/25/2014 (Kastilahn, A).
March 6, 2014 Opinion or Order Filing 193 ORDER signed by Judge Lawrence K. Karlton on 3/5/2014 ORDERING that dispositional documents disposing of the case be filed no later than thirty (30) days from the effective date of this order. All hearing dates heretofore set in this matter are hereby VACATED. (Zignago, K.)
February 27, 2014 Filing 192 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: SETTLEMENT CONFERENCE held on 2/27/2014. After settlement negotiations, CASE SETTLED, subject to board approval. Terms and conditions of settlement placed on the record in open court by Sean Conley, counsel for defendants'. Dismissal to be filed with the court within 30 days from today's date. Defense counsel to be in contact with courtroom clerk as to status of dismissal. Plaintiffs Counsel Benjamin Nisenbaum, John Burris present; Plaintiffs' Whitney Duenez, Rosemary Duenez, Ernesto Duenez, Sr. present. Defendants Counsel Sean Conley present; Rick Vice, Austin Gibbons present. Court Reporter/CD Number: ECRO/1. (Buzo, P)
February 24, 2014 Filing 191 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #150 MOTION IN LIMINE No. 17. (Nisenbaum, Benjamin)
February 24, 2014 Filing 190 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #149 MOTION IN LIMINE No. 16. (Nisenbaum, Benjamin)
February 24, 2014 Filing 189 STATEMENT of NON-OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #148 MOTION IN LIMINE No. 15. (Nisenbaum, Benjamin)
February 24, 2014 Filing 188 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #147 MOTION IN LIMINE No. 14. (Nisenbaum, Benjamin)
February 24, 2014 Filing 187 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #146 MOTION IN LIMINE No. 13. (Nisenbaum, Benjamin)
February 24, 2014 Filing 186 OPPOSITION by David Bricker, City of Manteca, John Moody to #162 MOTION IN LIMINE No. 9 to Exclude Cumulative Expert Witnesses. (Conley, Sean)
February 24, 2014 Filing 185 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #145 MOTION IN LIMINE No. 12. (Nisenbaum, Benjamin)
February 24, 2014 Filing 184 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #144 MOTION IN LIMINE No. 11. (Nisenbaum, Benjamin)
February 24, 2014 Filing 183 OPPOSITION by David Bricker, City of Manteca, John Moody to #161 MOTION IN LIMINE No. 8 to Exclude Evidence of Toxicological Findings in Decedent's Blood Following His Death. (Conley, Sean)
February 24, 2014 Filing 182 OPPOSITION by David Bricker, City of Manteca, John Moody to #160 MOTION IN LIMINE No. 7 to Exclude Certain Photographs of Decedent and Court Documents Pertaining to Decedent Unknown to Defendant Moody. (Conley, Sean)
February 24, 2014 Filing 181 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #143 MOTION IN LIMINE No. 10. (Nisenbaum, Benjamin)
February 24, 2014 Filing 180 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #142 MOTION IN LIMINE No. 9. (Nisenbaum, Benjamin)
February 24, 2014 Filing 179 OPPOSITION by David Bricker, City of Manteca, John Moody to #159 MOTION IN LIMINE No. 6 to Exclude Statements Allegedly Made Decedent Unknown to Defendant Moody. (Conley, Sean)
February 24, 2014 Filing 178 STATEMENT of NON-OPPOSITION by David Bricker, City of Manteca, John Moody to #158 MOTION IN LIMINE No. 5 to Exclude Evidence or Reference to Any Compromise Offers and Negotiations. (Conley, Sean)
February 24, 2014 Filing 177 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #141 MOTION IN LIMINE No. 8. (Nisenbaum, Benjamin)
February 24, 2014 Filing 176 OPPOSITION by David Bricker, City of Manteca, John Moody to #157 MOTION IN LIMINE No. 4 to Exclude Evidence, Opinion, or Speculation That Decedent Committed "Suicide by Cop". (Conley, Sean)
February 24, 2014 Filing 175 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #140 MOTION IN LIMINE No. 7. (Nisenbaum, Benjamin)
February 24, 2014 Filing 174 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #139 MOTION IN LIMINE No. 6. (Nisenbaum, Benjamin)
February 24, 2014 Filing 173 OPPOSITION by David Bricker, City of Manteca, John Moody to #156 MOTION IN LIMINE No. 3 to Exclude Evidence or Reference to Any Civil Judgments Against Plaintiffs or Decedent. (Conley, Sean)
February 24, 2014 Filing 172 OPPOSITION by David Bricker, City of Manteca, John Moody to #155 MOTION IN LIMINE No. 2 to Exclude Evidence of Movement or Replacement of Knife in Bed of Pickup Truck. (Conley, Sean)
February 24, 2014 Filing 171 OPPOSITION by David Bricker, City of Manteca, John Moody to #154 MOTION IN LIMINE No. 1 To Exclude Evidence of Prior Acts of Decedent and Plaintiffs' Unknown to Defendant Moody. (Conley, Sean)
February 24, 2014 Filing 170 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #138 MOTION IN LIMINE No. 5. (Nisenbaum, Benjamin)
February 24, 2014 Filing 169 OPPOSITION by David Bricker, City of Manteca, John Moody to #153 Motion to Bifurcate Liability and Damages. (Conley, Sean) Modified on 2/25/2014 (Zignago, K.).
February 24, 2014 Filing 168 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #137 MOTION IN LIMINE No. 4. (Nisenbaum, Benjamin)
February 24, 2014 Filing 167 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #136 MOTION IN LIMINE No. 3. (Nisenbaum, Benjamin)
February 24, 2014 Filing 166 STATEMENT of NON-OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #135 MOTION IN LIMINE No. 2. (Nisenbaum, Benjamin)
February 24, 2014 Filing 165 STATEMENT of NON-OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #134 MOTION IN LIMINE No. 1. (Nisenbaum, Benjamin)
February 20, 2014 Filing 164 NOTICE of Submission of Confidential Settlement Conference Statement by David Bricker, City of Manteca, John Moody. (Conley, Sean)
February 19, 2014 ACKNOWLEDGEMENT OF RECEIPT of CD video recording from Sean Conley re #163 . (Mena-Sanchez, L)
February 18, 2014 Filing 163 NOTICE OF FILING DOCUMENT IN PAPER by David Bricker, City of Manteca, John Moody: Exhibit A to Defendants' Motion in Limine No. 7. (Conley, Sean)
February 14, 2014 Filing 162 MOTION IN LIMINE No. 9 to Exclude Cumulative Expert Witnesses by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 161 MOTION IN LIMINE No. 8 to Exclude Evidence of Toxicological Findings in Decedent's Blood Following His Death by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 160 MOTION IN LIMINE No. 7 to Exclude Certain Photographs of Decedent and Court Documents Pertaining to Decedent Unknown to Defendant Moody by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 159 MOTION IN LIMINE No. 6 to Exclude Statements Allegedly Made Decedent Unknown to Defendant Moody by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 158 MOTION IN LIMINE No. 5 to Exclude Evidence or Reference to Any Compromise Offers and Negotiations by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 157 MOTION IN LIMINE No. 4 to Exclude Evidence, Opinion, or Speculation That Decedent Committed "Suicide by Cop" by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 156 MOTION IN LIMINE No. 3 to Exclude Evidence or Reference to Any Civil Judgments Against Plaintiffs or Decedent by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 155 MOTION IN LIMINE No. 2 to Exclude Evidence of Movement or Replacement of Knife in Bed of Pickup Truck by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 154 MOTION IN LIMINE No. 1 To Exclude Evidence of Prior Acts of Decedent and Plaintiffs' Unknown to Defendant Moody by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Nisenbaum, Benjamin)
February 14, 2014 Filing 153 MOTION to BIFURCATE Liability and Damages by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Nisenbaum, Benjamin)
February 14, 2014 Filing 152 OBJECTIONS to Defendants Trial Exhibit List by Plaintiffs DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. (Nisenbaum, Benjamin) Modified on 2/19/2014 (Kastilahn, A).
February 14, 2014 Filing 151 OBJECTIONS by Defendants David Bricker, City of Manteca, John Moody to #121 Exhibit List. (Conley, Sean)
February 14, 2014 Filing 150 MOTION IN LIMINE No. 17 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Proposed Order)(Conley, Sean)
February 14, 2014 Filing 149 MOTION IN LIMINE No. 16 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/14/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 148 MOTION IN LIMINE No. 15 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 147 MOTION IN LIMINE No. 14 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A)(Conley, Sean)
February 14, 2014 Filing 146 MOTION IN LIMINE No. 13 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A)(Conley, Sean)
February 14, 2014 Filing 145 MOTION IN LIMINE No. 12 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A, #2 Exhibit B-C, #3 Exhibit D-F)(Conley, Sean)
February 14, 2014 Filing 144 MOTION IN LIMINE No. 11 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A)(Conley, Sean)
February 14, 2014 Filing 143 MOTION IN LIMINE No. 10 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 142 MOTION IN LIMINE No. 9 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A-C, #2 Exhibit D)(Conley, Sean)
February 14, 2014 Filing 141 MOTION IN LIMINE No. 8 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 140 MOTION IN LIMINE No. 7 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A)(Conley, Sean)
February 14, 2014 Filing 139 MOTION IN LIMINE No. 6 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 138 MOTION IN LIMINE No. 5 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 137 MOTION IN LIMINE No. 4 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A-B)(Conley, Sean)
February 14, 2014 Filing 136 MOTION IN LIMINE No. 3 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 135 MOTION IN LIMINE No. 2 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Conley, Sean)
February 14, 2014 Filing 134 MOTION IN LIMINE No. 1 by David Bricker, City of Manteca, John Moody. Motion Hearing set for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Exhibit A-C)(Conley, Sean)
February 14, 2014 Filing 133 INDEX of Defendants' Motions in Limine by David Bricker, City of Manteca, John Moody. (Conley, Sean) Modified on 2/19/2014 (Kastilahn, A).
February 12, 2014 Filing 131 REPLY by David Bricker, City of Manteca, John Moody re #130 Objections. (Conley, Sean)
February 12, 2014 PAYMENT for #132 Appeal to USCA in the amount of $ 505, receipt number 0972-5177568. (USCA CASE NUMBER 14-15049) (Conley, Sean) Modified on 2/13/2014 (Zignago, K.).
February 5, 2014 Filing 130 Plaintiffs' OPPOSITIONS to #129 Defendants' Objections and augmentations to the Court's Pretrial Conference Order. (Nisenbaum, Benjamin) Modified on 2/6/2014 (Mena-Sanchez, L).
January 31, 2014 Filing 129 OBJECTIONS by Defendants David Bricker, City of Manteca, John Moody to #127 Pretrial Order. (Conley, Sean)
January 23, 2014 Filing 128 USCA CASE NUMBER 14-15049 as to #123 NOTICE of Appeal by David Bricker, City of Manteca, John Moody. (Zignago, K.)
January 17, 2014 Opinion or Order Filing 127 PRETRIAL ORDER (TENTATIVE) signed by Judge Lawrence K. Karlton on 1/16/14. Settlement Conference set for 2/27/2014 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Objections due within 14 days. (Manzer, C)
January 13, 2014 Filing 126 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: FINAL PRETRIAL CONFERENCE held on 1/13/2014. Parties to bring on Motions in Limine to be heard on 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. 20 day Jury Trial CONFIRMED FOR 4/15/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Court order to follow. Plaintiffs Counsel Ben Nisenbaum, John L. Burris present. Defendants Counsel Sean C. Conley present. (Rivas, A)
January 10, 2014 Opinion or Order Filing 125 ORDER signed by Judge Lawrence K. Karlton on 1/10/2014 ORDERING the court hereby CERTIFIES that Moody's interlocutory appeal is frivolous, and that Bricker's interlocutory appeal is waived; Because the Citys appeal is predicated solely upon the appeals of Moody and Bricker, it is also frivolous. All dates currently set in this case are hereby CONFIRMED. The Clerk of the District Court shall file this order with the U.S. Court of Appeals for the Ninth Circuit.(cc: 9th Circuit Court of Appeals)(Waggoner, D)
January 10, 2014 Filing 124 PETITION for Plaintiffs' Petition to Certify Defendants' Interlocutory Appeal as Frivolous by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. (Nisenbaum, Benjamin) Modified on 1/10/2014 (Meuleman, A).
January 9, 2014 Filing 132 NOTICE of APPEAL by David Bricker, City of Manteca, John Moody as to #122 Order. [Incorrect Event initially used by attorney. Re-Docketed for attorney to make payment.] (Donati, J) (Donati, J).
January 9, 2014 Filing 123 NOTICE of Appeal by David Bricker, City of Manteca, John Moody re #122 Order. (Conley, Sean) Modified on 1/10/2014 (Meuleman, A).
December 23, 2013 Opinion or Order Filing 122 ORDER signed by Judge Lawrence K. Karlton on 12/20/13 ORDERING that the defendants are entitled to the following partial adjudication, based upon plaintiffs' concessions, specifically, that no claim in this action arises from defendants' pointing a gun at decedent's widow, pulling decedent away from the pickup truck, handcuffing decedent, searching the house on Flores Court or detaining or arresting any non-parties to this action. Accordingly, the portions of any claim that are predicated upon that conduct are hereby DISMISSED WITH PREJUDICE; Defendants are entitled to qualified immunity for the search that was performed on decedent after the shooting. Accordingly, the portions of any claims that is predicated upon that conduct are hereby DISMISSED WITH PREJUDICE; Defendants' motion for summary judgment on Claim 1, to the degree it asserts any state claim, is hereby DISMISSED WITH PREJUDICE; Defendants' motion for summary judgment against Whitney Duenez on Claim 1 is GRANTED; Defendants' motion for summary judgment against D.D. (as successor in interest to decedent's estate) on Claim 1, is DENIED to the degree it is predicated upon the Fourth Amendment, and GRANTED to the degree it is predicated upon the alleged denial of medical care; Defendants' motion for summary judgment on Claim 2, relating to the claim for deprivation of familial relationships is DENIED; Defendants' motion for summary judgment on Claim 3, for Monell liability against the City and Bricker, is hereby DENIED, and that claim may proceed to the degree it is predicated upon inadequate training only; Defendants' motion for summary judgment on Claim 4 is DENIED, however, the court sua sponte dismisses Claim 4 to the degree it is predicated upon the deprivation of familial association, brought by Whitney Duenez in her capacity as successor in interest to the decedent's estate; Defendants' motion for summary judgment on Claim 6, a claim under Cal. Civ. Code 52.1, is hereby DENIED; Defendants' motion for summary judgment on Claim 8, by Whitney Duenez for intentional infliction of emotional distress, is GRANTED; Defendants' motion for summary judgment on all claims for injunctive relief is DENIED; Defendants' motion for summary judgment on the request for punitive damages is DENIED; Plaintiffs' motion for summary judgment is DENIED in its entirety; Plaintiffs' motion to seal documents is DENIED; Plaintiffs' motion to re-open discovery, so that they can depose defendants' attorney, is DENIED.(Becknal, R)
December 16, 2013 Filing 121 AMENDED EXHIBIT LIST - ADDENDUM to #115 Pre-Trial Statement plaintiffs. (Nisenbaum, Benjamin) Modified on 12/17/2013 (Marciel, M)
December 11, 2013 Opinion or Order Filing 120 ORDER signed by Judge Lawrence K. Karlton on 12/10/2013 CONTINUING the Final Pretrial Conference to 1/13/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; CONINUING the Jury Trial to 4/15/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)
December 9, 2013 Filing 119 STATEMENT of Pretrial by Defendants David Bricker, City of Manteca, John Moody. (Attachments: #1 Defendants' List of Witnesses, #2Defendants' List of Exhibits)(Conley, Sean) Modified on 12/10/2013 (Meuleman, A).
December 3, 2013 Filing 118 STATEMENT of Undisputed and Disputed Facts (Joint) by Defendants David Bricker, City of Manteca, John Moody, Plaintiffs DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Conley, Sean)
December 2, 2013 Filing 117 WITNESS LIST by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr..(Nisenbaum, Benjamin)
December 2, 2013 Filing 116 PLAINTIFFS EXHIBIT LIST by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr..(Nisenbaum, Benjamin) Modified on 12/3/2013 (Kaminski, H).
December 2, 2013 Filing 115 PRETRIAL STATEMENT by Plaintiffs DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr..(Nisenbaum, Benjamin)
November 4, 2013 Filing 114 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 11/4/2013 re #80 MOTION for SUMMARY JUDGMENT filed by City of Manteca, John Moody, David Bricker, and #75 MOTION for SUMMARY JUDGMENT filed by Ernesto Duenez, Sr., Rosemary Duenez, DD, Whitney Duenez, and #109 Motion to Re-open Discovery and to Compel Deposition filed by Ernesto Duenez, Sr., Rosemary Duenez, DD, Whitney Duenez. After oral argument, the motion stands SUBMITTED. Court order to follow. Plaintiffs Counsel Ben Nisenbaum, John Burris present. Defendants Counsel Sean C. Conley present. Court Reporter: M. Babbitt. (Rivas, A)
October 28, 2013 Filing 113 REPLY by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. re #111 Opposition to Motion. (Nisenbaum, Benjamin)
October 22, 2013 ACKNOWLEDGEMENT OF RECEIPT of Exhibit B to Declaration from Sean Conley re #111 . (Mena-Sanchez, L)
October 21, 2013 Filing 112 NOTICE OF FILING DOCUMENT IN PAPER by David Bricker, City of Manteca, John Moody: Audio Recording of Second Interview of Witness Michael Henry by OIS Protocol Team. (Conley, Sean)
October 21, 2013 Filing 111 OPPOSITION by David Bricker, City of Manteca, John Moody to #109 Motion to Re-open Discovery and to Compel Deposition. (Attachments: #1 Declaration of Sean Conley . #2 Proposed Order)(Conley, Sean) Modified on 10/22/2013 (Kaminski, H).
September 24, 2013 Filing 110 DECLARATION of Benjamin Nisenbaum in support of #109 Motion to Re-open Discovery and to Compel Deposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Nisenbaum, Benjamin) Modified on 9/25/2013 (Marciel, M)
September 24, 2013 Filing 109 MOTION for RE-OPEN DISCOVERY and to COMPEL DEPOSITION by plaintiffs. Motion Hearing set for 11/4/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Proposed Order)(Nisenbaum, Benjamin) Modified on 9/25/2013 (Marciel, M)
September 16, 2013 Filing 108 NOTICE of CHANGE of ADDRESS by Sean Conley. (Conley, Sean)
September 10, 2013 Filing 107 OBJECTIONS by defendants to #104 Declaration of Benjamin Nisenbaum. (Conley, Sean) Modified on 9/11/2013 (Marciel, M)
September 10, 2013 Filing 106 OPPOSITION by plaintiffs to defendants' #105 Objections to Nisenbaum Declaration. (Nisenbaum, Benjamin) Modified on 9/10/2013 (Marciel, M)
September 10, 2013 Filing 105 OBJECTIONS by defendants to #102 Declaration of Benjamin Nisenbaum in support of #101 Reply Brief. (Conley, Sean) Modified on 9/10/2013 (Marciel, M)
September 6, 2013 Filing 104 DECLARATION of Benjamin Nisenbaum, Esq. in support of plaintiffs' #100 Opposition to defendants' Objections. (Attachments: #1 Exhibit) (Nisenbaum, Benjamin) Modified on 9/9/2013 (Marciel, M)
September 4, 2013 Filing 103 NOTICE OF LODGING DOCUMENT IN PAPER by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.: Declaration of Benjamin Nisenbaum in Opposition to Defendants' Evidentiary Objections to Evidence Submitted with Plaintiffs' Motion for Summary Judgment/Adjudication Exhibits B and C. (Nisenbaum, Benjamin)
September 3, 2013 Filing 102 DECLARATION of Benjamin Nisenbaum in Opposition to defendants' #89 Opposition to Motion for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Nisenbaum, Benjamin) [CDs for Exhibits B & C received and routed to fileroom] Modified on 9/5/2013 (Marciel, M)
September 3, 2013 Filing 101 REPLY by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. re #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration of Benjamin Nisenbaum, #2 Exhibit to Declaration of Benjamin Nisenbaum , #3Exhibit to Declaration of Benjamin Nisenbaum )(Nisenbaum, Benjamin) Modified on 9/4/2013 (Kaminski, H).
September 3, 2013 Filing 100 REPLY by David Bricker, City of Manteca, John Moody re #80 MOTION for SUMMARY JUDGMENT, #97 Opposition to Motion. (Attachments: #1 Declaration of Sean Conley, #2 Objection to Plaintiffs' Evidence)(Conley, Sean) Modified on 9/4/2013 (Kaminski, H).
August 27, 2013 Filing 99 REQUEST for Request to Seal Confidential Material by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Attachments: #1 Proposed Order)(Nisenbaum, Benjamin)
August 26, 2013 Filing 98 DECLARATION of Benjamin Nisenbaum, Esq. re #97 Opposition to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Burris, John)
August 26, 2013 Filing 97 OPPOSITION by Whitney Duenez to #80 MOTION for SUMMARY JUDGMENT. (Burris, John)
August 26, 2013 Filing 96 DECLARATION of Terri L. Haddix in OPPOSITION TO #75 MOTION for SUMMARY JUDGMENT. (Conley, Sean)
August 26, 2013 Filing 95 DECLARATION of John Moody in OPPOSITION TO #75 MOTION for SUMMARY JUDGMENT. (Conley, Sean)
August 26, 2013 Filing 94 DECLARATION of David Bricker in OPPOSITION TO #75 MOTION for SUMMARY JUDGMENT. (Conley, Sean)
August 26, 2013 Filing 93 DECLARATION of Sean Conley in OPPOSITION TO #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration of Sean Conley Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9)(Conley, Sean) Modified on 8/28/2013 (Reader, L).
August 26, 2013 Filing 92 OBJECTIONS by Plaintiff Whitney Duenez. (Nisenbaum, Benjamin)
August 26, 2013 Filing 91 DECLARATION of Nick Obligacion in OPPOSITION TO #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15, #15 Part 16, #16 Part 17, #17 Part 18, #18 Part 19, #19 Part 20, #20 Part 21, #21 Part 22, #22 Part 23, #23 Part 24, #24 Part 25, #25 Part 26)(Conley, Sean) Modified on 8/28/2013 (Reader, L).
August 26, 2013 Filing 90 [DISREGARD- ATTORNEY REFILED CORRECTED DOCUMENTS See #98 Declaration] OPPOSITION by Whitney Duenez to #80 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Nisenbaum, Benjamin) Modified on 8/27/2013 (Donati, J).
August 26, 2013 Filing 89 OPPOSITION by David Bricker, City of Manteca, John Moody to #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Defendants' Separate Statement of Disputed Facts in Opposition to Plaintiffs' Motion for Summary Judgment, #2 Defendants' Opposition to Plaintiffs' Separate Statement of Undisputed Facts, #3 Defendants' Objection to Evidence in Opposition to Plaintiffs' Motion for Summary Judgment)(Conley, Sean)
August 22, 2013 Opinion or Order Filing 88 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 8/22/2013 ORDERING that the hearing date on Plaintiffs' and Defendants' #75 , #80 Motions for Summary Judgment, currently scheduled to be heard on 9/23/2013, is CONTINUED to 11/4/2013 at 10:00 am in Courtroom 4 before Judge Lawrence K. Karlton. (Zignago, K.)
August 21, 2013 Filing 87 STIPULATION and PROPOSED ORDER for Continuation of Hearing on Plaintiffs' and Defendants' Motions for Summary Judgment by David Bricker, City of Manteca, John Moody. (Attachments: #1 Proposed Order Proposed Order Continuing Motion for Summary Judgment)(Conley, Sean)
August 14, 2013 Opinion or Order Filing 86 ORDER signed by Judge Lawrence K. Karlton on 8/13/13 ORDERING that pending before the court in the above-captioned case are cross-motions for summary judgment filed by plaintiffs and defendants. The motions are currently set for hearing on September 9, 2013. (ECF Nos. #75 , #80 .) For administrative reasons, the hearing will be CONTINUED until September 23, 2013 at 10:00 a.m. The deadlines for filing oppositions to these motions (August 26, 2013) and replies, if any (September 3, 2013), remain unchanged. (Becknal, R)
August 14, 2013 Opinion or Order Filing 85 ORDER signed by Judge Lawrence K. Karlton on 8/13/13 ORDERING that proof of good cause having been made to the satisfaction of this Court that the application sought for Defendants to exceed the page limits for a memorandum of points and authorities in support of their Motion for Summary Judgment and/or Motion for Partial Summary Judgment should be granted. IT IS SO ORDERED that the application be, and hereby is, GRANTED. (Becknal, R)
August 13, 2013 Filing 84 DECLARATION of Benjamin Nisenbaum in SUPPORT OF #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit J)(Nisenbaum, Benjamin)
August 13, 2013 Filing 83 NOTICE of Manual Filing of Exhibits D and H to the Declaration of Benjamin Nisenbaum in Support of Plaintiffs' Motion for Summary Judgment/Adjudication by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Nisenbaum, Benjamin)
August 13, 2013 Filing 82 REQUEST for Seal of Confidential Material by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Attachments: #1 Proposed Order, #2 Attachment - Exhibit J to the Declaration of Benjamin Nisenbaum in Support of Plaintiffs' Motion for Summary Judgment/Adjudication)(Nisenbaum, Benjamin)
August 13, 2013 Opinion or Order Filing 81 ORDER signed by Judge Lawrence K. Karlton on 8/12/13 GRANTING #73 Application for Exceeding Page Limits for a memorandum of points and authorities in support of their Motion for Summary Judgment. (Meuleman, A)
August 12, 2013 Filing 80 MOTION for SUMMARY JUDGMENT by David Bricker, City of Manteca, John Moody. Motion Hearing set for 9/9/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Points and Authorities, #2Separate Statement of Undisputed Facts, #3 Proposed Order, #4 Declaration of Terri L. Haddix, #5 Declaration of Nick Obligacion, #6 Part 1 of Exhibit A, #7Part 2 of Exhibit A, #8 Part 3 of Exhibit A, #9 Part 4 of Exhibit A , #10 Part 5 of Exhibit A, #11 Part 6 of Exhibit A, #12Part 7 of Exhibit A, #13 Part 8 of Exhibit A, #14 Part 9 of Exhibit A, #15Part 10 of Exhibit A, #16 Part 11 of Exhibit A, #17 Part 12 of Exhibit A, #18 Part 13 of Exhibit A, #19 Part 14 of Exhibit A, #20 Part 15 of Exhibit A, #21 Part 16 of Exhibit A, #22 Part 17 of Exhibit A, #23 Part 18 of Exhibit A, #24 Part 19 of Exhibit A, #25 Part 20 of Exhibit A, #26 Part 21 of Exhibit A, #27 Part 22 of Exhibit A, #28 Part 23 of Exhibit A, #29 Part 24 of Exhibit A, #30 Part 25 of Exhibit A, #31 Part 26 of Exhibit A, #32 Part 27 of Exhibit A, #33 Part 28 of Exhibit A, #34 Part 29 of Exhibit A, #35 Declaration of David Bricker, #36 Declaration of John Moody, #37 Declaration of Sean Conley)(Conley, Sean) Modified on 8/13/2013 (Meuleman, A).
August 12, 2013 Filing 79 PROPOSED ORDER re Plaintiffs' #75 Motion for Summary Judgment/Adjudication. (Nisenbaum, Benjamin) Modified on 8/14/2013 (Kastilahn, A).
August 12, 2013 Filing 78 DECLARATION of Benjamin Nisenbaum in SUPPORT OF #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N)(Nisenbaum, Benjamin)
August 12, 2013 Filing 77 DECLARATION of Benjamin Nisenbaum in SUPPORT OF #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I)(Nisenbaum, Benjamin)
August 12, 2013 Filing 76 DECLARATION of Benjamin Nisenbaum in SUPPORT OF #75 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Nisenbaum, Benjamin)
August 12, 2013 Filing 75 MOTION for SUMMARY JUDGMENT by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 9/9/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Plaintiffs' Statement of Undisputed Facts)(Nisenbaum, Benjamin) Modified on 8/14/2013 (Kastilahn, A).
August 12, 2013 Filing 74 NOTICE OF FILING DOCUMENT IN PAPER by David Bricker, City of Manteca, John Moody: Exhibit A to Declaration of David Bricker in support of defendants motion for summary judgment and/or summary adjudication. (Conley, Sean) Modified on 8/14/2013 (Kastilahn, A).
August 12, 2013 ACKNOWLEDGEMENT OF RECEIPT of Exhibit A1 to Declaration from City of Manteca, David Bricker, and John Moody re #74 . (Mena-Sanchez, L)
August 2, 2013 Filing 73 APPLICATION for Exceeding Page Limits for Memorandum of Points and Authorities in Support of Motion for Summary Judgment; Declaration in Support Thereof; Proposed Order by David Bricker, City of Manteca, John Moody. (Conley, Sean) Modified on 8/13/2013 (Meuleman, A).
August 1, 2013 Filing 72 APPLICATION and PROPOSED ORDER to exceed page limits for Memorandum of Points and Authorities in support of Motino for Summary Judgment by plaintiffs. (Burris, John) Modified on 8/6/2013 (Marciel, M)
July 5, 2013 Filing 71 Mid-Litigation Statement by Defendant City of Manteca. (Conley, Sean) Modified on 7/9/2013 (Mena-Sanchez, L).
July 5, 2013 Filing 70 Plaintiffs' Mid-Litigation Statement. (Nisenbaum, Benjamin) Modified on 7/9/2013 (Mena-Sanchez, L).
June 28, 2013 Filing 69 Plaintiffs' REBUTTAL EXPERT WITNESS DESIGNATIONS (Nisenbaum, Benjamin) Modified on 7/1/2013 (Mena-Sanchez, L).
June 5, 2013 Filing 68 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Aguilar, David Bricker, City of Manteca. (Attachments: #1 Expert Disclosure Report of Douglas E. Tucker, M.D., #2 Expert Disclosure Report of Terri L. Haddix, M.D., #3 Expert Disclosure Report of Durand R. Begault, Ph.D., #4 Expert Disclosure Report of John McGinness, #5 Expert Disclosure Report of Don Cameron)(Conley, Sean)
June 5, 2013 Filing 67 DESIGNATION/DISCLOSURE of EXPERT WITNESS by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Attachments: #1 Expert Report of Police Practices Expert John J. Ryan, #2 Expert Report of Audio/Video Forensic Expert Stutchman Forensic Laboratory)(Nisenbaum, Benjamin)
May 31, 2013 Filing 66 DECLARATION of Whitney Duenez. (Attachments: #1 Death Certificate of Ernest Duenez, Jr.)(Nisenbaum, Benjamin)
April 10, 2013 Opinion or Order Filing 65 ORDER signed by Judge Lawrence K. Karlton on 4/9/2013 ORDERING #63 that the Court DECLINES to modify the scheduling order as per the parties' stipulation. The parties may make any agreements between themselves as to discovery, but the court will only enforce the dates in the existing scheduling orders. re orders #43 , #62 (Reader, L)
March 26, 2013 Filing 64 PROPOSED ORDER re Modifying Scheduling Order by David Bricker, City of Manteca, John Moody. (Conley, Sean) Modified on 3/27/2013 (Becknal, R).
March 21, 2013 Filing 63 STIPULATION and PROPOSED ORDER by David Bricker, City of Manteca, John Moody. (Conley, Sean) Modified on 3/22/2013 (Meuleman, A).
March 18, 2013 Opinion or Order Filing 62 ORDER signed by Judge Lawrence K. Karlton on 3/14/13 ORDERING the following modifications to the Pre-Trial Scheduling Order: Expert witness designations are due on June 5, 2013; Discovery shall be completed by July 19, 2013; Motions to Compel Discovery shall be heard not later than June 20, 2013; Law and motions matters shall be heard by September 20, 2013; Final Pretrial Conference is SET for December 16, 2013 at 2:30 P.M.; Trial is SET for March 25, 2014. (Kastilahn, A)
March 13, 2013 Filing 61 STIPULATION and PROPOSED ORDER for Modifying Pre-Trial Scheduling Order by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Nisenbaum, Benjamin)
March 4, 2013 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Allison Claire on 3/1/13 ORDERING that Defendant's objection to Plaintiffs' Request for Production of Documents No. 5 is partially overruled. Defendants are directed to produce only page number 000005 of those documents submitted to the court for in camera review to Plaintiffs within seven days from the date of this order and subject to the protective order in this case.(Mena-Sanchez, L)
February 22, 2013 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Allison Claire on 1/22/13 ORDERING that Plaintiff's 11/5/12 MOTION to Compel #46 is GRANTED in part. Defendants shall provide supplemental responses to Plaintiffs' requests for production of documents consistent with this order within fourteen days from the date of this order; Defendant shall submit to the court any and all documents responsive to RFP No. 5 within seven days of the date of this order for an in camera review; Plaintiffs' 11/5/12 MOTION FOR SANCTIONS #47 is DENIED. (Mena-Sanchez, L)
February 20, 2013 Filing 58 MINUTES (Text Only) for proceedings held before Magistrate Judge Allison Claire: MOTION HEARING held on 2/20/2013 re #47 MOTION for SANCTIONS Plaintiffs' Motion for Sanctions for Necessitating Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One) filed by Ernesto Duenez, Sr., Rosemary Duenez, DD, Whitney Duenez, #46 MOTION to COMPEL Plaintiffs' Notice of Motion and Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One) filed by Ernesto Duenez, Sr., Rosemary Duenez, DD, Whitney Duenez. The Motions are submitted and the court will issue a written order. Plaintiffs Counsel Benjamin Nisenbaum present. Defendants Counsel Sean C. Conley present. Court Reporter/CD Number: 1 of 1. (Callen, V)
February 14, 2013 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Allison Claire on 2/13/13 ORDERING that Plaintiffs' November 5, 2012 Request to Seal Documents is granted. (Becknal, R)
February 6, 2013 Filing 56 MINUTE ORDER: (Text Only)By CRD to Magistrate Judge Claire re #47 Motion for Sanctions, #46 Motion to Compel, 55 Minute Order. The minute order issued on 1/30/2013 is incorrect and should not have been issued by the undersigned, therefore the motions are hereby rescheduled for 2/20/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Callen, V)
January 30, 2013 Opinion or Order Filing 55 MINUTE ORDER: MINUTE ORDER: (Text Only) By CRD V. Callen to Magistrate Judge Allison Claire re #47 Motion for Sanctions, #46 Motion to Compel. SET/RESET MOTION HEARING as to #47 MOTION for SANCTIONS Plaintiffs' Motion for Sanctions for Necessitating Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One), #46 MOTION to COMPEL Plaintiffs' Notice of Motion and Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One) Due to the Court's schedule the hearings are continued. The hearings are now set for 4/10/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. signed by Magistrate Judge Allison Claire on 1/30/2013. (Callen, V)
January 30, 2013 Filing 54 JOINT STATEMENT Regarding Discovery Dispute by Plaintiffs DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Nisenbaum, Benjamin) Modified on 1/31/2013 (Kastilahn, A).
November 20, 2012 Filing 53 MINUTE ORDER: re #47 Motion for Sanctions, #46 Motion to Compel. Due to the reassignment of this matter to Magistrate Judge Allison Claire, the Motion for Sanctions and the Motion to Compel are hereby continued to Wednesday, February 6, 2013 @ 10:00 a.m. (Callen, V)
November 20, 2012 Filing 52 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 11/20/2012: Ordering that, due to the recent judge reassignment, the 12/13/2012 hearing re plaintiffs' motion to compel #46 and motion for sanctions #47 is VACATED. Plaintiffs are directed to renotice the hearing before Magistrate Judge Allison Claire. (TEXT ONLY) (Caspar, M)
November 20, 2012 Opinion or Order Filing 51 ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Magistrate Judge *Allison Claire* to the bench of the Eastern District, this action is reassigned from *Magistrate Judge Kendall J. Newman* for all further proceedings. (Waggoner, D)
November 6, 2012 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Kendall J. Newman on 11/5/12 ORDERING that no later than 12/3/2012, the parties shall file a joint statement regarding the pending discovery motions (dkt. nos. 46, 47) in accordance with Local Rule 251. Counsel are cautioned that failure to comply with Local Rule 251's requirements may result in the imposition of any appropriate sanctions. (Kastilahn, A)
November 5, 2012 Filing 49 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. (Nisenbaum, Benjamin)
November 5, 2012 Filing 48 DECLARATION of Benjamin Nisenbaum in SUPPORT OF #47 MOTION for SANCTIONS Plaintiffs' Motion for Sanctions for Necessitating Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One), #46 MOTION to COMPEL Plaintiffs' Notice of Motion and Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One) . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Nisenbaum, Benjamin)
November 5, 2012 Filing 47 MOTION for SANCTIONS Plaintiffs' Motion for Sanctions for Necessitating Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One) by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 12/13/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Nisenbaum, Benjamin)
November 5, 2012 Filing 46 MOTION to COMPEL Plaintiffs' Notice of Motion and Motion to Compel Responses to Request for Production of Documents to Defendant City (Set One) by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Motion Hearing set for 12/13/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Nisenbaum, Benjamin)
October 29, 2012 Opinion or Order Filing 45 STIPULATION OF THE PARTIES AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/26/12. (Meuleman, A)
October 25, 2012 Filing 44 EX PARTE APPLICATION for Protective Order by City of Manteca. (Conley, Sean) Modified on 10/26/2012 (Marciel, M)
June 27, 2012 Opinion or Order Filing 43 STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 6/26/12: Discovery due by 5/20/2013. Dispositive Motions filed by 7/20/2013. Final Pretrial Conference set for 10/21/2013 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 1/22/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
June 25, 2012 Filing 42 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: STATUS CONFERENCE held on 6/25/2012. Discovery deadline set for 5/20/2013. Law and Motion dealine set for 07/20/2013. Final Pretrial Conference set for 10/21/2013 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. 12 day Jury Trial set for 1/22/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Court order to follow. Plaintiffs Counsel Ben Nisenbaum present. Defendants Counsel Sean Conley present. (Rivas, A)
June 12, 2012 Filing 41 STATUS REPORT by Whitney Duenez. (Burris, John)
June 11, 2012 Filing 40 STATUS REPORT by David Bricker, City of Manteca, John Moody. (Conley, Sean)
March 29, 2012 Opinion or Order Filing 39 ORDER signed by Judge Lawrence K. Karlton on 3/28/12 ORDERING that a Further Status Conference is SET for 6/25/2012 at 03:00 PM. The parties shall file updated Status Reports 14 days prior to the Status Conference. (Mena-Sanchez, L)
March 26, 2012 Filing 38 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: STATUS CONFERENCE held on 3/26/2012. The parties are waiting for the District Attorney's Office to complete its investigation before continuing with discovery. A Further Status Conference set for 6/25/2012 at 3:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiffs Counsel Ben Nisenbaum present. Defendants Counsel Sean Conley, appearing telephonically present. (Krueger, M)
March 12, 2012 Filing 37 JOINT STATUS REPORT by City of Manteca. (Conley, Sean)
March 8, 2012 Filing 36 ANSWER to #23 First Amended Complaint with Jury Demand by defendants. Attorney Conley, Sean C. added. (Conley, Sean) Modified on 3/9/2012 (Marciel, M).
February 23, 2012 Opinion or Order Filing 35 ORDER signed by Judge Lawrence K. Karlton on 02/22/12 ORDERING that defendants' #27 Motion to Dismiss is DENIED and the #27 Motion to Strike is GRANTED. (Benson, A.)
February 22, 2012 Opinion or Order Filing 34 MINUTE ORDER: The status conference currently set for February 27, 2012 is continued to March 26, 2012 at 2:00 p.m. The parties shall file status reports 14 days preceding the status conference. Approved by Judge Lawrence K. Karlton on 02/22/12. (Hoover, S)
January 30, 2012 Filing 33 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 1/30/2012 re #27 Motion to Dismiss filed by City of Manteca, David Bricker. After oral argument, the matter stands SUBMITED. Court order to follow. Plaintiffs Counsel Ben Nisenbaum present. Defendants Counsel Peter Urhausen present. Court Reporter: M. Babbitt. (Rivas, A)
January 30, 2012 Opinion or Order Filing 32 ORDER signed by Judge Lawrence K. Karlton on 1/27/12 ORDERING that Plaintiff's Request #30 is DENIED AS MOOT. (Mena-Sanchez, L)
January 23, 2012 Filing 31 REPLY by David Bricker, City of Manteca to RESPONSE to #27 Motion to Dismiss. (Conley, Sean)
January 13, 2012 Filing 30 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 and PROPOSED ORDER by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. (Nisenbaum, Benjamin) Modified on 1/17/2012 (Benson, A.).
January 13, 2012 Filing 29 OPPOSITION by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. to #27 Motion to Dismiss. (Attachments: #1 Declaration of Benjamin Nisenbaum)(Nisenbaum, Benjamin) Modified on 1/17/2012 (Benson, A.).
December 28, 2011 Filing 28 NOTICE OF ERRATA by David Bricker, City of Manteca to #27 MOTION to DISMISS. (Conley, Sean) Modified on 12/29/2011 (Mena-Sanchez, L).
December 21, 2011 Filing 27 MOTION to DISMISS, STSRIKE AND FOR MORE DEFINITE STATEMENT by David Bricker, City of Manteca. Motion Hearing set for 01/30/12 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Request for Judicial Notice, #2 Declaration)(Conley, Sean)
December 2, 2011 Opinion or Order Filing 26 ORDER signed by Judge Lawrence K. Karlton on 12/2/11: Status Conference set for 2/27/2012 at 02:00 PM in Chambers 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
November 28, 2011 Filing 25 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: STATUS CONFERENCE held on 11/28/2011. Further Status Conference set for 2/27/2012 at 02:00 PM in Chambers 4 (LKK) before Judge Lawrence K. Karlton. Plaintiffs Counsel Ben Nisenbaum present. Defendants Counsel Sean Conley present. (Rivas, A)
November 22, 2011 Filing 24 SUMMONS ISSUED as to *John Moody* with answer to complaint due within *21* days. Attorney *Benjamin Nisenbaum* *Law Offices of John L. Burris* *7677 Oakport Street, Suite 1120* *Oakland, CA 94621*. (Mena-Sanchez, L)
November 18, 2011 Filing 23 FIRST AMENDED COMPLAINT against David Bricker, City of Manteca, John Moody by Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr., DD.(Nisenbaum, Benjamin)
November 15, 2011 Filing 22 JOINT STATUS REPORT by Aguilar, David Bricker, City of Manteca. (Conley, Sean)
October 27, 2011 Opinion or Order Filing 21 ORDER granting in part and denying in part #9 Motion to Dismiss signed by Judge Lawrence K. Karlton on 10/26/11. (Kaminski, H)
October 24, 2011 Filing 20 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 10/24/2011 re #9 Motion to Dismiss, Strike, and for More Definite Statement filed by City of Manteca, Aguilar, David Bricker. After oral argument, the matter stands SUBMITTED. Court order to follow. Plaintiffs Counsel Ben Nisenbaum present. Defendants Counsel Sean Conley present. Court Reporter: Jill McLeod (Diamond Court Reporter). (Rivas, A)
October 13, 2011 Opinion or Order Filing 19 MINUTE ORDER: The status conference currently set for October 17, 2011 is continued to November 28, 2011 at 3:00 p.m. due to a pending motion to dismiss. The parties shall file their status reports fourteen (14) days prior to the status conference. Approved by Judge Lawrence K. Karlton on 10/13/2011. (Hoover, S)
October 6, 2011 Opinion or Order Filing 18 ORDER signed by Judge Lawrence K. Karlton on 10/4/11 ORDERING the hearing set for 10/11/11 regarding #9 Motion to Dismiss, Strike, and for More Definite Statement is continued to 10/24/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Matson, R)
October 5, 2011 Opinion or Order Filing 17 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/2011. (Duong, D)
October 4, 2011 Filing 16 REPLY by defendants to plaintiffs' #14 Opposition to #9 Motion to Dismiss. (Conley, Sean) Modified on 10/5/2011 (Marciel, M).
September 29, 2011 Filing 15 EX PARTE APPLICATION for Protective Order by Aguilar, David Bricker, City of Manteca. (Attachments: #1 Stipulation of the Parties and Protective Order)(Conley, Sean) Modified on 9/30/2011 (Michel, G).
September 27, 2011 Filing 14 OPPOSITION to #9 Motion to Dismiss by D.D., Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr. (Nisenbaum, Benjamin) Modified on 9/28/2011 (Michel, G).
September 22, 2011 Filing 13 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 9/22/2011: On 9/22/11, counsel for plaintiffs and defendants appeared before the Magistrate Judge Kendall J. Newman via telephone for a follow-up, informal discovery conference. Counsel indicated that the parties have reached an agreement regarding the commencement of discovery and the exchange of initial disclosures, subject to the filing and court approval of a stipulated protective order. The parties indicated that they intend to file a proposed stipulated protective order within one week. IT IS HEREBY ORDERED that the parties shall file a supplemental joint status report reflecting the agreements reached by the parties regarding the discovery issues that were the subject of the informal discovery conferences no later than seven days prior to the 10/17/2011 status conference before U.S. Senior District Judge Lawrence K. Karlton.(TEXT ONLY) (Caspar, M)
September 14, 2011 Opinion or Order Filing 12 ORDER signed by Judge Lawrence K. Karlton on 9/13/11: Status Conference set for 10/17/2011 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
September 12, 2011 Filing 11 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 9/12/2011: On 9/12/2011, the court conducted an informal discovery conference with plaintiffs' and defendants' respective counsel regarding the commencement and timing of discovery in this case. IT IS HEREBY ORDERED that no later than 9/21/2011, at 5:00 p.m., plaintiffs and defendants shall submit to the court either a joint letter or separate letters, none of which is to exceed two pages, regarding the results of the parties' efforts to further meet-and-confer about the issues raised at the informal discovery conference. Such letter or letters should be submitted via e-mail at kjnorders@caed.uscourts.gov. IT IS FURTHER ORDERED that on Thursday, 9/22/2011, at 9:00 a.m., the court and plaintiffs' and defendants' respective counsel shall participate in a follow-up discovery conference. If counsel for either set of parties wishes to appear at the conference by telephone, he shall contact Courtroom Deputy Matt Caspar at (916) 930-4187 and notify Mr. Caspar of such a telephonic appearance. (TEXT ONLY) (Caspar, M)
September 12, 2011 Filing 10 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 9/12/2011. The parties are instructed to immediately report to Magistrate Newman regarding the issue of early disclosures. Further Status Conference set for 10/17/2011 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiffs Counsel Ben Nisenbaum present (via telephone). Defendants Counsel Sean Conley present. (Rivas, A)
August 30, 2011 Filing 9 MOTION to DISMISS, STRIKE, and for MORE DEFINITE STATEMENT by defendants. Motion Hearing set for 10/11/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Attorney Conley, Sean C. added. (Conley, Sean) Modified on 10/5/2011 (Marciel, M).
August 30, 2011 Filing 8 JOINT STATUS REPORT by DD, Rosemary Duenez, Whitney Duenez, Ernesto Duenez, Sr.. Attorney Nisenbaum, Benjamin added. (Nisenbaum, Benjamin)
August 22, 2011 Filing 7 SUMMONS RETURNED EXECUTED: City of Manteca served on 8/8/2011. (Burris, John) Modified on 8/23/2011 (Meuleman, A).
August 22, 2011 Filing 6 SUMMONS RETURNED EXECUTED: Aguilar served on 8/8/2011. (Burris, John) Modified on 8/23/2011 (Meuleman, A).
July 12, 2011 Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/12/2011 at 03:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Consent Form, #2 VDRP Form) (Becknal, R)
July 12, 2011 Filing 4 SUMMONS ISSUED as to *Aguilar, David Bricker, City of Manteca* with answer to complaint due within *21* days. Attorney *John L. Burris* *Law Offices of John L. Burris* *7677 Oakport Street, Suite 1120* *Oakland, CA 94621*. (Becknal, R)
July 12, 2011 Filing 2 CIVIL COVER SHEET by Whitney Duenez (Burris, John)
July 12, 2011 RECEIPT number #CAE200036983 $350.00 by John L Burris on 7/12/2011. (Becknal, R)
July 11, 2011 Filing 1 COMPLAINT against Aguilar, David Bricker, City of Manteca by Plaintiffs. Attorney Burris, John L. added. (Attachments: #1 Letter from the City of Manteca)(Burris, John)

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Search for this case: Duenez et al v. City of Manteca et al
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Plaintiff: DD
Represented By: John L. Burris
Represented By: Benjamin Nisenbaum
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Plaintiff: Rosemary Duenez
Represented By: John L. Burris
Represented By: Benjamin Nisenbaum
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Plaintiff: Whitney Duenez
Represented By: John L. Burris
Represented By: Benjamin Nisenbaum
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Plaintiff: Ernesto Duenez, Sr.
Represented By: John L. Burris
Represented By: Benjamin Nisenbaum
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Defendant: Aguilar
Represented By: Sean Conley
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Defendant: David Bricker
Represented By: Sean Conley
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Defendant: City of Manteca
Represented By: Sean Conley
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Defendant: John Moody
Represented By: Sean Conley
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