Akey et al v Placer County
| Rachel Akey, Linda Clayton, Ryan Cornacchioli and N.D. |
| Placer County, Scott Myers and Gloria Sutton |
| 2:2014cv02402 |
| October 12, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kimberly J. Mueller |
| Kendall J. Newman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
254
ORDER APPROVING MINOR'S TRUST signed by Chief District Judge Kimberly J. Mueller on 3/6/2020. (Zignago, K.)
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Filing
245
ORDER signed by District Judge Kimberly J. Mueller on 10/10/19 GRANTING IN PART 233 Post-Trial Motion; VACATING the 221 Jury Verdict and 224 Judgment with a new jury trial to be scheduled after further consultation with the parties and DENYING the remainder of the motion as moot; DENYING AS MOOT 229 Motion for Attorney Fees; and SETTING a Settlement Conference for 11/12/19 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Coll, A)
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Filing
219
JURY COMMUNICATION signed by District Judge Kimberly J. Mueller on 5/1/2019. (Washington, S)
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Filing
217
JURY COMMUNICATION signed by District Judge Kimberly J. Mueller on 4/30/2019. (Washington, S)
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Filing
210
FINAL JURY INSTRUCTIONS signed by District Judge Kimberly J. Mueller on 4/25/2019. (Washington, S)
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Filing
194
PRELIMINARY JURY INSTRUCTIONS signed by District Judge Kimberly J. Mueller on 4/15/19. (Mena-Sanchez, L)
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Filing
177
ORDER signed by District Judge Kimberly J. Mueller on 1/23/2019 GRANTING plaintiffs' 159 motion for clarification. The court DEFERS ruling on plaintiffs' 163 motion in limine no. 1 and DENIES defendants' 169 motions in limine no. 1 and 2. (Zignago, K.)
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Filing
155
ORDER signed by District Judge Kimberly J. Mueller on 8/13/2018 DENYING 135 Motion for Summary Judgment; DENYING 136 Motion to Amend the Complaint. The court ADJUDICATES 138 Motion for Summary Judgment as follows: GRANTS summary judgment for d efendants on Claims 2, 4, 6, 8, 10, 12, 16-26; DENIES summary judgment for defendants on Claims 3, 5, 9, 11; and GRANTS in PART and DENIES in PART summary judgment for defendants on Claims 1 and 7, as detailed above. The following six claims will proceed to trial: Claims 1, 3, 5, 7, 9 and 11. A final pretrial conference on these claims is scheduled for 9/21/2018, at 10:00 a.m., with a joint pretrial status report due 21 days prior. (Washington, S)
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Filing
137
ORDER signed by District Judge Kimberly J. Mueller on 10/6/2017 DENYING 133 Stipulation and Proposed Order for Oversize Briefs.(Washington, S)
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Filing
129
ORDER signed by District Judge Kimberly J. Mueller on 9/20/17 ORDERING that the report of Defendants' expert witness, Dr. Barbara E. McDermott, lodged with the Court by Defendants on 9/5/17, be filed under seal. (Mena-Sanchez, L)
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Filing
118
ORDER signed by Magistrate Judge Deborah Barnes on 7/7/17 ORDERING that Plaintiffs' 116 motion to compel is GRANTED. Plaintiffs may again depose Roger Coffman, for not more than 1 hour, on matters not addressed in Coffman's prior dep ositions. Plaintiffs may depose Twylla Abrahamson for not more than 3 hours. Plaintiffs may depose Eric Branson for not more than 3 hours. Plaintiffs may again depose Gloria Sutton, for not more than 2 hours, on matters not addressed in Sutton's prior depositions. Plaintiffs may again depose Scott Myers, for not more than 2 hours, on matters not addressed in Myers' prior depositions. These depositions shall be completed on or before 7/31/2017. (Kastilahn, A)
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Filing
107
ORDER signed by District Judge Kimberly J. Mueller on 5/8/2017 GRANTING 69 Motion to Continue; The new schedule for the balance of the case is as follows: Discovery CONTINUED to 7/31/2017; disclosure of expert witnesses CONTINUED to 9/1/2017; Suppl emental disclosure CONTINUED to 9/29/2017; Dispositive Motions to be heard by 11/3/2017; Joint Pretrial Statement due by 2/2/2018; Final Pretrial Conference CONTINUED to 2/23/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mue ller; and the Jury Trial CONTINUED to 4/9/2018 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. GRANTING 76 Motion to Amend the Complaint to amend the Monell claims DENYING 51 Motion to Amend the Complaint to amend the NIED/IIED claims. DENYING 80 Motion for Reconsideration magistrate judges' rulings. (Washington, S)
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Filing
99
ORDER signed by District Judge Kimberly J. Mueller on 3/1/2017 GRANTING 94 Request to Seal and/or redact Document(s). (Washington, S)
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Filing
72
ORDER signed by Magistrate Judge Deborah Barnes on 09/30/16 ORDERING that defendants' 66 09/21/16 motion to compel further responses to contention interrogatories is DENIED; defendants' 66 09/21/16 motion to compel plaintiff Rachel Akey s mental examination is DENIED as moot; defendants' 66 09/21/16 motion to compel plaintiffs to compensate defendants for plaintiff Akey's failure to appear at her 08/26/16 mental health examination is GRANTED IN PART; plaintiffs shall pay defendants $1,600 for plaintiff Akey's failure to appear at the 08/26/16 mental health examination; and plainitff's 67 09/21/16 Motion to Compel is DENIED. (Benson, A)
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Filing
68
ORDER signed by Magistrate Judge Deborah Barnes on 9/23/16 denying 65 Motion for an order shortening time. HEARING as to 66 and 67 MOTIONS to Compel shall be heard on 9/30/2016 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Kaminski, H)
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Filing
61
ORDER signed by Magistrate Judge Deborah Barnes on 8/20/16 ORDERING that Defendants' 7/19/16 motion to compel mental health examinations (Dkt. No. 50 ) is GRANTED; Plaintiffs' request that plaintiff Rachel Akey be allowed to watch the e xamination of plaintiff N.D. from behind a mirror is DENIED; and Plaintiffs' request that Rachel Akey's mental examination be limited to: (a) specific events after 1/1/13 that are relevant to the emotional distress allegations; (b) the emotional aspects of the relationships with Cameron Dupree and Ryan Cornacchioli; and (c) any symptoms of emotional distress that Ms. Akey may have experienced prior to 9/12/13 is DENIED. (Becknal, R)
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Filing
47
ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/2016 GRANTING IN PART, DENYING IN PART 39 Motion to Compel; ORDERING the defendants to expeditiously produce what the parties refer to as "Level III and E/R Referrals: for a 12-month period of the plaintiffs' choice; ORDERING the plaintiffs to notify the defendants of their selected 12 months within seven (7) days; DENYING the plaintiffs' Request for Sanctions. (Michel, G.)
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Filing
37
ORDER signed by District Judge Kimberly J. Mueller on 3/21/16 ORDERING that Defendant's motion to dismiss is granted with leave to amend. A third amended complaint shall be filed within fourteen days of the date this order is filed. This order resolves ECF No. 30 . (Becknal, R)
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Filing
28
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 9/22/15. (Mena-Sanchez, L)
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Filing
26
ORDER signed by Judge Kimberly J. Mueller on 9/1/15 ORDERING the motion to dismiss is GRANTED with leave to amend as to plaintiffs' Monell Claims (Claims 12, 78, 13) and IIED/NIED claims (Claims 2730), and DENIED in all other respects. The motion for reconsideration is DENIED. This order resolves ECF No. 21 . (Becknal, R)
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Filing
18
ORDER signed by Judge Kimberly J. Mueller on 3/20/15 ORDERING that Claims 1, 2, 7, 8, and 13 (Monell claims against defendant Placer County) are DISMISSED with leave to amend; Plaintiffs' state law claims 18, 19, 23, 24, 26, 27 are DISMISSED with leave to amend; Plaintiff N.D.'s Bane Act claims 21 and 22 are DISMISSED with leave to amend; Plaintiff Clayton's claims 29, 30 are DISMISSED with leave to amend; The motion 9 is DENIED as to all other claims, and those claims as currently pled may be included in an amended complaint; and Plaintiffs are directed to file a first amended complaint consistent with this order within twenty-one (1) days. (Mena-Sanchez, L)
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Filing
14
ORDER signed by Judge Kimberly J. Mueller on 12/30/2014 GRANTING plaintiff's 8 Motion to Appoint Rachel Akey as Guardian Ad Litem for minor N.D.. (Marciel, M)
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