Gardner v. California Highway Patrol et al
| Drew Gardner |
| California Highway Patrol, J J Fisher, T Newman, Tehama County Sheriff's Department, Ed McCullough and Kenneth Miller |
| 2:2014cv02730 |
| November 19, 2014 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Tehama |
| Craig M. Kellison |
| John A. Mendez |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Defendant |
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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
101
ORDER signed by District Judge John A. Mendez on 1/19/2016 DISMISSING this action, including all claims and counterclaims against all defendants, with prejudice. CASE CLOSED. (Michel, G.)
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Filing
98
STIPULATION and ORDER for DISMISSAL of defendants against defendants County of Tehama, Ed McCullough, and Kenneth Miller signed by District Judge John A. Mendez on 1/7/2016. This matter is DISMISSED with prejudice. Plaintiff and all of these defendants shall bear their own costs and attorneys' fees. (Marciel, M)
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Filing
96
STIPULATION and ORDER signed by Judge John A. Mendez on 12/14/15: The settlement between Defendants CHP and Officer Fischer and Plaintiff was made in good faith. Defendants CHP and Officer Fischer are hereafter protected from equitable indemnity claims by other potential joint tortfeasors, including but not limited to the remaining defendants in this action. (Kaminski, H)
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Filing
94
ORDER signed by Judge John A. Mendez on 12/11/2015 ORDERING that the 92 Stipulated Joint Motion for Entry of Order Extending Time to File Notice of Appeal is GRANTED. The time period in which Deputy McCullough may file a notice of appeal regarding the denial of his qualified immunity defense contained in the 82 MSJ Order is EXTENDED through and including 1/18/2016. (Zignago, K.)
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Filing
89
ORDER signed by Judge John A. Mendez on 12/10/15 ORDERING that the Confidential Agreement and General Release between Defendant Miller and Plaintiff Gardner is SEALED. The settlement between Defendant Miller and Plaintiff was made in good faith. Defendant Miller is hereafter protected from equitable indemnity claims by other potential joint tortfeasors, including but not limited to the remaining Defendants in this action. (Kastilahn, A)
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Filing
82
ORDER signed by Judge John A. Mendez on 11/16/15 ORDERING for the reasons set forth above, the Court DENIES McCullough's Motion for Summary Judgment. (Becknal, R)
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Filing
80
STIPULATION and ORDER signed by Judge John A. Mendez on 11/10/15: The Sixth Cause of Action for malicious prosecution in the Third Amended Complaint is hereby dismissed. (Kaminski, H)
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Filing
78
STIPULATION and ORDER signed by Judge John A. Mendez on 10/27/15: The time period in which Deputy McCullough must file an answer to the Third Amended Complaint is extended through and including December 14, 2015. The time period in which Deputy McCullough may file a notice of appeal is extended through and including December 14, 2015. (Kaminski, H)
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Filing
54
ORDER signed by Judge John A. Mendez on 9/8/2015 GRANTING 53 Request to Seal filed by Tehama County Sheriff's Department, Ed McCullough. 37 Request for Judicial Notice and 47 Motion for Reconsideration are RESTRICTED from public view. Attorney Keck is DIRECTED to file redacted versions of 37 Request for Judicial Notice and 47 Motion for Reconsideration that are in compliance with Local Rules and FRCP 5.2. (Donati, J)
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Filing
51
STIPULATION and ORDER For filing of a Third Amended Complaint signed by Judge John A. Mendez on 8/28/15. Plaintiff Drew Gardner may file his Third Amended Complaint, a true and correct copy of which is attached to the parties' Stipulation as Exhibit "A". (Mena-Sanchez, L)
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Filing
45
ORDER signed by Judge John A. Mendez on 7/20/2015 ORDERING that as to Defendants CHP and Fischer, the Court GRANTS WITHOUT LEAVE TO AMEND State Defendants' 34 motion to dismiss Plaintiff's second, fourth, sixth, and seventh causes of acti on against Defendant CHP; DENIES State Defendants' motion to dismiss Plaintiff's tenth and eleventh causes of action against Defendant Fischer; GRANTS WITH LEAVE TO AMEND State Defendants' motion to dismiss Plaintiff's twelfth c ause of action against Defendant CHP; As to Defendants Tehama County and McCullough, the Court DENIES County Defendants' 36 motion to dismiss PlaintifF's first cause of action insofar as Plaintiff states a substantive due process claim against Defendant McCullough; GRANTS WITH LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's second cause of action against Defendant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff&# 039;s third and fourth causes of action against Defendant McCullough and Defendant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's fifth and sixth causes of action against Defendant McCullough and Def endant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's eighth cause of action against Defendant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's ninth c ause of action against Defendant McCullough; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's eleventh cause of action against Defendant McCullough; and GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's twelfth cause of action against Defendant McCullough and Defendant County. Plaintiff's Second Amended Complaint must be filed within twenty (20) days from the date of this Order. Defendants' responsive pleadings are due within twenty (20) days thereafter. If Plaintiff elects not to file a Second Amended Complaint, the case will proceed consistent with this Order. (Zignago, K.)
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Filing
29
STIPULATION AND ORDER signed by Judge John A. Mendez on 3/5/2015 Defendants Tehama County Sheriff's Department, Ed McCullough to respond to the initial complaint and any amended complaints through and including 4/30/2015, or 30 days after the filing and service of the amended complaint. (Michel, G.)
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Filing
25
ORDER denying Defendant Miller's 10 Motion to Dismiss signed by Judge John A. Mendez on 2/12/15. (Kaminski, H)
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