Larios v. Lunardi, et al
| Timothy Larios |
| Scott Lunardi, Mel Hutsell, T. A. Garr, - Foster, R. J. Jones and Joseph A. Farrow |
| 2:2015cv02451 |
| November 24, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Shasta |
| Craig M. Kellison |
| Garland E. Burrell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
57
ORDER signed by District Judge John A. Mendez on 4/9/2020 GRANTING 42 Defendants' motion for summary judgment on Plaintiff's unlawful seizure claim. (Kastilahn, A)
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Filing
55
ORDER signed by District Judge John A. Mendez on 3/4/2020 GRANTING IN PART Defendant's 42 Motion for Summary Judgment on Plaintiff's Bane Act claim against Lunardi, Jones, and Foster, as well as his Section 1983 claim against Foster. T he Court also GRANTS Defendants' motion for summary judgment on Plaintiff's Section 1983 claim against Lunardi and Jones to the extent that it rests upon the theory that they conducted an unconstitutional search. Defendants' request for summary judgment on Plaintiff's remaining claim that Defendants conducted an unlawful seizure by downloading the contents of his personal phone onto a CHP computer is taken under submission. Plaintiff shall file his surreply within seven (7) days of this Order. The Court will issue a separate Order regarding this claim after reviewing Plaintiff's surreply. (Zignago, K.)
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Filing
41
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 9/30/19 ORDERING that Defendants' Memorandum of Points and Authorities in support of their Motion for Summary Judgment shall not exceed 35 pages, and a reply brief shall not exceed 20, and Plaintiff's opposition brief shall not exceed 35 pages.(Kastilahn, A)
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Filing
38
ORDER signed by District Judge Morrison C. England, Jr on 4/25/19. Defendants' stipulated request for leave to file an Amended Answer to the Second Amended Complaint to add aneleventh affirmative defense asserting the after-acquired evidence doctrine is GRANTED.(Mena-Sanchez, L)
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Filing
30
ORDER signed by District Judge Morrison C. England, Jr. on 9/7/2017 DISMISSING the remaining causes of action referenced in the 28 Memorandum and Order, with prejudice. (Michel, G.)
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Filing
28
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 4/18/2017 GRANTING 24 Defendants' Motion to Dismiss, with LEAVE to AMEND; Plaintiff may file an amended complaint not later than 20 days following the date this Memorandum and Order is electronically filed. (Reader, L)
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Filing
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr on 11/10/16 ORDERING the 15 Motion to Dismiss is DENIED as to Plaintiff's Fourth Amendment right to be free from unreasonable searches and seizures; DENYING as to Plaintiff& #039;s Third Cause of Action; GRANTING without leave to amend as to Plaintiff's Fourteenth Amendment due process claim; GRANTING without leave to amend as to Plaintiffs First, Fourth, Ninth, and Fourteenth Amendment right to freedom of speech, a ssociation, and privacy claims. Claims under the First, Fourth, and Ninth Amendment are DISMISSED without leave to amend. Plaintiff's Fourteenth Amendment association claim is DISMISSED with leave to amend. GRANTING without leave to amend as to Plaintiff's conspiracy claim in the Second Cause of Action. GRANTING as to claims against Defendants Farrow, Hutsell and Garr. All claims against Defendants Hutsell and Garr are DISMISSED with leave to amend. All claims against Defendant Farrow are DISMISSED without leave to amend. (Washington, S)
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Filing
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 4/13/16 ORDERING that the hearing on 15 Motion to Dismiss is CONTINUED to 5/19/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. Plaintiffs opposition is due on 5/5/2016, and any reply is due on 5/12/2016. (Kastilahn, A)
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