Smith v. City of Manteca
| William E. Smith |
| City of Manteca and Joe Kristovich |
| 2:2012cv01899 |
| July 18, 2012 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Carolyn K Delaney |
| Morrison C England |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 72
ORDER signed by Chief Judge Morrison C. England, Jr on 4/8/14 ORDERING Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the parties' stipulation, #71 this matter is DISMISSED WITH PREJUDICE. The Clerk of the Court is order to CLOSE this case. CASE CLOSED. (Becknal, R)
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| Filing 71 STIPULATION FOR DISMISSAL of action, with prejudice, pursuant to F.R.Cv.P. Rule 41(a)(1) by William E. Smith. (Scardigli, Nicholas) Modified on 4/4/2014 (Michel, G). |
| Filing 70 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court is in receipt of the parties' March 5, 2014 Joint Notice of Settlement, ECF No. 69. Good Cause appearing, the parties are granted an extension of time to file dispositional papers in this case. The parties are ordered to file the dispositional documents on or before 4/25/2014. The Court previously vacated both the June 2, 2014 Jury Trial and in this matter and the Court's Feb. 6, 2014, Order Continuing Trial (including the filing dates therein). See ECF No. 67. In light of the parties' Joint Notice of Settlement, the April 3, 2014 Final Pretrial Conference is also vacated. There are no hearings scheduled or pending deadlines in this matter other than as outlined in this Minute Order.(Deutsch, S) |
| Filing 69 NOTICE of SETTLEMENT (JOINT) by City of Manteca, Joe Kristovich. Attorney Scheidt, Bruce A. added. (Scheidt, Bruce) |
| Filing 68 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: Counsel for Defendant informed the Court that the parties reached a conditional, signed settlement in this case. Pursuant to the representations of the attorney for the Defendants, the parties will be filing formal papers informing the Court shortly of the tentative settlement which is conditioned on the approval of the board of directors of a joint powers authority that is not scheduled to meet until April 21, 2014. Pursuant to Local Rule 160(a), the parties are ordered to file a joint notice of settlement. The parties are reminded that in accordance with the provisions of Local Rule 160(b), upon filing of such a notice, dispositional documents are to be filed within twenty-one (21) days. However, upon a showing of good cause in their joint notice of settlement, the Court may grant the parties additional time to file dispositional documents in this matter.(Deutsch, S) |
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Filing 67
ORDER signed by Chief Judge Morrison C. England, Jr on 2/26/2014 GRANTING #66 Defendants' Ex Parte Application to continue trial; the jury trial set for 06/02/2014 is VACATED; by separate order, this Court will set a new trial date, as well as new deadlines associated with the new trial date. #65 (Reader, L)
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| Filing 66 EX PARTE APPLICATION to continue the trial date by City of Manteca, Joe Kristovich. Attorney Ellinghouse, Mark added. (Attachments: #1 Declaration of Bruce A. Scheidt, #2 Declaration of Mark E. Ellinghouse, #3 Proposed Order)(Ellinghouse, Mark) Modified on 2/26/2014 (Reader, L). |
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Filing 65
ORDER CONTINUING TRIAL signed by Chief Judge Morrison C. England, Jr on 2/5/14 ORDERING the 4/21/14 Jury Trial is vacated and Continued to 6/2/14, at 9:00 a.m. The parties shall file trial briefs not later than 3/20/14; the 3/6/14 Final Pretrial Conference is vacated and Continued to 4/3/14, at 2:00 p.m. The Joint Final Pretrial Statement is due not later than 3/13/14 and shall comply with the procedures outlined in the Court's 12/20/12 Pretrial Scheduling Order. Telephonic appearances for this hearing are not permitted. Any evidentiary or procedural motions are to be filed by 3/13/14. Oppositions must be filed by 3/20/14 and any reply must be filed by 3/27/14. The motions will be heard by the Court at the same time as the Final Pretrial Conference. (Becknal, R)
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| Filing 64 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiffs Motion for Summary Judgment (ECF No. 38) and Defendant's Motion for Summary Judgment (ECF No. 39), scheduled for hearing on 12/19/2013, are submitted without oral argument. The hearing date of 12/19/2013 is vacated. If the court determines that oral argument is needed, it will be scheduled at a later date.(Deutsch, S) |
| Filing 63 RESPONSE by City of Manteca, Joe Kristovich to #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 62 OBJECTIONS by Defendants City of Manteca, Joe Kristovich to #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 61 REQUEST for JUDICIAL NOTICE by City of Manteca, Joe Kristovich in re #39 Motion for Summary Judgment. (Scholar, Ronald) |
| Filing 60 RESPONSE by City of Manteca, Joe Kristovich to #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 59 REPLY by City of Manteca, Joe Kristovich to RESPONSE to #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 58 DECLARATION of Ronald J. Scholar in SUPPORT OF #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 57 NOTICE of Errata by City of Manteca, Joe Kristovich re #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 56 REPLY by City of Manteca, Joe Kristovich re #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 55 REPLY by William E. Smith re #48 Opposition to Motion. (Attachments: #1 Response, #2 Response, #3 Declaration)(Scardigli, Nicholas) |
| Filing 54 DECLARATION of Tracie Madison in opposition to #38 Motion for Summary Judgment. (Scholar, Ronald) Modified on 11/15/2013 (Michel, G). |
| Filing 53 DECLARATION of Joe Kriskovich in opposition to #38 Motion for Summary Judgment. (Scholar, Ronald) Modified on 11/15/2013 (Michel, G). |
| Filing 52 DECLARATION of Ronald J. Scholar in opposition to #38 Motion for Summary Judgment. (Scholar, Ronald) Modified on 11/15/2013 (Michel, G). |
| Filing 51 REQUEST FOR JUDICIAL NOTICE in opposition to #38 Motion for Summary Judgment by City of Manteca, Joe Kristovich. (Scholar, Ronald) Modified on 11/15/2013 (Michel, G). |
| Filing 50 STATEMENT OF ADDITIONAL UNDISPUTED FACTS in opposition to #38 Motion for Summary Judgment by Defendants City of Manteca, Joe Kristovich. (Scholar, Ronald) Modified on 11/15/2013 (Michel, G). |
| Filing 49 RESPONSE to Statement of Undisputed Facts re #38 Motion for Summary Judgment by City of Manteca, Joe Kristovich. (Scholar, Ronald) Modified on 11/15/2013 (Michel, G). |
| Filing 48 OPPOSITION to #38 Motion for Summary Judgment by City of Manteca, Joe Kristovich. (Scholar, Ronald) Modified on 11/15/2013 (Michel, G). |
| Filing 47 OPPOSITION to #39 Motion for Summary Judgment by William E. Smith. (Attachments: #1 Statement of Undisputed Facts, #2 Objections to Evidence, #3 Statement of Disputed Facts, #4 Exhibits, #5 Exhibits, #6 Exhibits) (Scardigli, Nicholas) Modified on 11/15/2013 (Michel, G). |
| Filing 46 NOTICE OF ERRATA re #38 Motion for Summary Judgment; SUPPLEMENTAL DECLARATION in support of #38 Motion for Summary Judgment by William E. Smith. (Scardigli, Nicholas) Modified on 11/12/2013 (Michel, G). |
| Filing 45 REQUEST for JUDICIAL NOTICE by City of Manteca, Joe Kristovich in re #39 Motion for Summary Judgment. (Scholar, Ronald) |
| Filing 44 DECLARATION of Ronald J. Scholar in SUPPORT OF #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 43 DECLARATION of Tracie Madison in SUPPORT OF #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 42 DECLARATION of Joe Kriskovich in SUPPORT OF #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 41 STATEMENT of Undisputed Material Facts by Defendants City of Manteca, Joe Kristovich in Support of #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) Modified on 10/28/2013 (Meuleman, A). |
| Filing 40 MEMORANDUM by City of Manteca, Joe Kristovich in SUPPORT of #39 MOTION for SUMMARY JUDGMENT. (Scholar, Ronald) |
| Filing 39 MOTION for SUMMARY JUDGMENT by City of Manteca, Joe Kristovich. Motion Hearing set for 12/19/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Scholar, Ronald) |
| Filing 38 MOTION for SUMMARY JUDGMENT by William E. Smith. Motion Hearing set for 12/19/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: #1 Points and Authorities, #2 Statement, #3 Rrequest for Judicial Notice, #4 Table of Exhibits, #5 Exhibit, #6 Exhibit)(Scardigli, Nicholas) |
| Filing 37 ANSWER to #34 Amended Complaint with Jury Demand by City of Manteca, Joe Kristovich. Attorney Scholar, Ronald Jason added.(Scholar, Ronald) |
| Filing 36 SUMMONS ISSUED as to *Joe Kristovich* with answer to complaint due within *21* days. Attorney *Nicholas John Scardigli* *2453 Grand Canal Boulevard* *Stockton, CA 95207*. (Michel, G) |
| PARTY UPDATE: Joe Kristovich ADDED pursuant to #34 Second Amended Complaint. (Michel, G) |
| Filing 35 DISCLOSURE OF REBUTTAL EXPERT WITNESS by City of Manteca. (Scheidt, Bruce) Modified on 9/12/2013 (Michel, G). |
| Filing 34 SECOND AMENDED COMPLAINT, with Jury Demand, against all defendants by William E. Smith. (Scardigli, Nicholas) Modified on 9/12/2013 (Michel, G). |
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Filing 33
ORDER signed by Chief Judge Morrison C. England, Jr. on 9/9/2013 GRANTING plaintiff's #26 Motion to Amend #17 First Amended Complaint. The Amended Complaint may substitute Joe Krikovich's name for Doe 1. Plaintiff directed to file Second Amended Complaint no later than 10 days following date of Order. (Marciel, M)
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| Filing 32 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the court's own motion and pursuant to Local Rule 230(g), the Plaintiff's Motion to Amend the Amended Complaint (ECF No. 26), scheduled for hearing on 9/5/2013, is submitted without oral argument. The hearing date of 9/5/2013 is vacated. If the court determines that oral argument is needed, it will be scheduled at a later date. (S. Deutsch) |
| Filing 31 REPLY by William E. Smith in support of #26 Motion to Amended. (Scardigli, Nicholas) Modified on 8/30/2013 (Becknal, R). |
| Filing 30 REQUEST for JUDICIAL NOTICE in opposition to #26 Motion to Amend the #17 First Amended Complaint by City of Manteca. (Scholar, Ronald) Modified on 8/23/2013 (Michel, G). |
| Filing 29 DECLARATION of Ronald J. Scholar in support of #28 Opposition to #26 Motion to Amend the #17 First Amended Complaint. (Scholar, Ronald) Modified on 8/23/2013 (Michel, G). |
| Filing 28 OPPOSITION to #26 Motion to Amend the #17 First Amended Complaint by City of Manteca. (Scholar, Ronald) Modified on 8/23/2013 (Michel, G). |
| Filing 27 DESIGNATION/DISCLOSURE of EXPERT WITNESS by William E. Smith. (Scardigli, Nicholas) |
| Filing 26 MOTION to AMEND #17 First Amended Complaint by William E. Smith. Motion Hearing SET for 9/5/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Attachments: #1 Exhibit) (Scardigli, Nicholas) Modified on 8/6/2013 (Michel, G). |
| Filing 25 WITHDRAWAL of #24 MOTION to AMEND the #17 Amended Complaint by William E. Smith. (Scardigli, Nicholas) |
| Filing 24 [WIHDRAWN - see #25 Withdrawal of Motion] MOTION to AMEND Plaintiff's First Amended Complaint #17 . Motion Hearing set for 9/5/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Attachments: #1 Exhibits to Motion)(Scardigli, Nicholas) Modified on 8/1/2013 (Mena-Sanchez, L). Modified on 8/6/2013 (Michel, G). |
| Filing 23 MINUTES (Text Only) for SETTLEMENT CONFERENCE held on 6/6/2013 before Magistrate Judge Edmund F. Brennan: All parties present. After discussions with the Court, the case did not settle. Plaintiffs Counsel Nicholas Scardigli and Vladmir Kozina present. Defendants Counsel Bruce Scheidt present. (Cannarozzi, N) |
| Filing 22 NOTICE OF FILING DOCUMENT IN PAPER by City of Manteca: Defendant's Notice of Submission of Confidential Settlement Conference Statement. Attorney Scheidt, Bruce A. added. (Scheidt, Bruce) |
| Filing 21 NOTICE OF FILING DOCUMENT IN PAPER by William E. Smith: Plaintiff"s Notice of Submission of Confidential Settlement Conference Statement. (Scardigli, Nicholas) |
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Filing 20
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 5/23/2013 CONTINUING the deadline for Non-Expert Discovery to 8/5/2013. (Michel, G)
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| Filing 19 STIPULATION and PROPOSED ORDER for Continuing Non-Expert Discovery Completion Date by William E. Smith. (Scardigli, Nicholas) |
| Filing 18 ANSWER to #17 Amended Complaint with Jury Demand by City of Manteca.(Scholar, Ronald) |
| Filing 17 FIRST AMENDED COMPLAINT against City of Manteca by William E. Smith.(Scardigli, Nicholas) |
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Filing 16
PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr on 12/20/2012 ORDERING: Discovery due by 6/21/2013; Designation of Expert Witnesses due by 8/21/2013; Evidentiary and/or procedural Motions filed by 2/13/2014; Dispositive Motions filed by 12/19/2013; Confidential Settlement Conference Statements due by 5/30/2013; Settlement Conference set for 6/6/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; Joint Final Pretrial Conference Statement filed by 2/13/2014; Trial Briefs filed by 2/20/2014; Final Pretrial Conference set for 3/6/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr; Jury Trial set for 4/21/2014 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.(cc Magistrate Judge Brennan) (Donati, J)
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Filing 15
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/20/2012 ORDERING that Plaintiff William E. Smith shall have leave to file the First Amended Complaint. (Donati, J)
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| Filing 14 FIRST AMENDED COMPLAINT against City of Manteca by William E. Smith. (Scardigli, Nicholas) Modified on 12/14/2012 (Michel, G). |
| Filing 13 STIPULATION and PROPOSED ORDER granting Plaintiff leave to file a First Amended Complaint by William E. Smith. (Scardigli, Nicholas) Modified on 12/13/2012 (Michel, G). |
| Filing 11 JOINT STATUS REPORT by William E. Smith. (Scardigli, Nicholas) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Defendant City of Manteca. (Scholar, Ronald) |
| Filing 9 [DISREGARD duplicate see doc. #8 ] ANSWER of City of Manteca by Defendant City of Manteca. (Scholar, Ronald) Modified on 8/29/2012 (Kaminski, H). |
| Filing 8 ANSWER to #1 Complaint with Jury Demand by City of Manteca.(Scholar, Ronald) |
| Filing 7 STIPULATION to Extend Time to Respond to Initial Complaint by City of Manteca. Attorney Scholar, Ronald Jason added. (Scholar, Ronald) |
| Filing 6 SUMMONS RETURNED EXECUTED: City of Manteca served on 7/24/2012. (Scardigli, Nicholas) Modified on 7/25/2012 (Meuleman, A). |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP Form) (Benson, A.) |
| Filing 4 SUMMONS ISSUED as to *City of Manteca* with answer to complaint due within *21* days. Attorney *Nicholas John Scardigli* *Mayall Hurley, P.C.* *2453 Grand Canal Boulevard* *Stockton, CA 95207*. (Benson, A.) |
| RECEIPT number #CAE200046028 $350.00 fbo William E. Smith by Lori Kishi on 7/19/2012. (Benson, A.) |
| Filing 2 CIVIL COVER SHEET by William E. Smith (Scardigli, Nicholas) |
| Filing 1 COMPLAINT FOR DAMAGES against City of Manteca by William E. Smith.(Scardigli, Nicholas) |
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