(CONSENT) Basque et al. v. County of Placer et al.
| Basque, Ryan D. Basque and Denise M. Basque |
| County of Placer, Placer County Sheriff's Office, Edward N. Bonner, Eric J. Lopin, William K. Olson, Matt H. Winczner and Devon M. Bell |
| B. S. and E.B. |
| 2:2016cv02760 |
| November 22, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Placer |
| Morrison C England |
| Kendall J Newman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 18, 2017. A more recent docket listing may be available from PACER.
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Filing 41
ORDER signed by Magistrate Judge Kendall J. Newman on 8/18/2017 DISMISSING this action, with prejudice, pursuant to the terms of the #40 Stipulation for Dismissal. CASE CLOSED. (Michel, G.)
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| Filing 40 STIPULATION of DISMISSAL by Denise M. Basque, Ryan D. Basque. (Attachments: #1 Proposed Order)(Merin, Mark) |
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Filing 39
ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2017 APPROVING the #38 Stipulation for Approval of Settlement Agreement and Minors' Compromise; ORDERING the parties to file an appropriate stipulation to dismiss this action within seven (7) days of execution of the settlement agreement. (Michel, G.)
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| Filing 38 STIPULATION and PROPOSED ORDER for Approval of Settlement Agreement and Minors' Compromise by Denise M. Basque, Ryan D. Basque, E.B., B. S.. Attorney Merin, Mark E. added. (Attachments: #1 Declaration of Mark E. Merin)(Merin, Mark) |
| Filing 37 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brett Daniel Holt for Devon M. Bell,Brett Daniel Holt for Edward N. Bonner,Brett Daniel Holt for County of Placer,Brett Daniel Holt for Eric J. Lopin,Brett Daniel Holt for William K. Olson,Brett Daniel Holt for Placer County Sheriff's Office,Brett Daniel Holt for Matt H. Winczner, attorney David K. Huskey terminated (Holt, Brett) |
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Filing 36
ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/17 ORDERING that Plaintiff Ryan D. Basque's Request for appointment as the guardian ad litem for non-party minors S.B. and E.B. is GRANTED. The Court finds that this appointment is in S.B. and E.B.s best interests. Accordingly, the Court hereby appoints Plaintiff Ryan D. Basque as guardian ad litem for S.B. and E.B., for the purpose of this action.(Mena-Sanchez, L)
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| Filing 35 REQUEST for APPOINTMENT of Guardian ad Litem for Non-Party Minors by Ryan D. Basque. (Attachments: #1 Declaration of Ryan D. Basque)(Merin, Mark) |
| Filing 34 MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Magistrate Judge Kendall J. Newman on 7/24/2017 : In light of the Notice of Settlement (ECF No. #32 ) the plaintiffs' Motion for Summary Judgment (ECF No. #32 ) is DENIED AS MOOT WITHOUT PREJUDICE. (TEXT ONLY ENTRY) (Shaddox-Waldrop, A) |
| Filing 33 MINUTE ORDER issued by CRD A. Shaddox-Waldrop for Magistrate Judge Kendall J. Newman on 7/24/2017: The court has been advised by Mr. Merin, Counsel for plaintiffs, that this action has been settled. Therefore, it is not necessary that the action remain upon the court's active calendar. Accordingly, IT IS ORDERED: 1. That counsel file settlement/dismissal documents, in accordance with the provisions of Local Rule 160, no later than 8/24/2017. 2. That any hearing dates previously set in this matter are vacated. (TEXT ENTRY ONLY) (Shaddox-Waldrop, A) |
| Filing 32 NOTICE of SETTLEMENT by Denise M. Basque, Ryan D. Basque. (Merin, Mark) |
| Filing 31 MINUTE ORDER issued by CRD A. Shaddox-Waldrop for Magistrate Judge Kendall J. Newman on 6/21/2017 : The Court is in receipt of the plaintiffs' Notice to Reschedule Hearing (ECF No. #30 ) for the Motion for Summary Judgment (ECF No. #29 ). The proposed hearing date of 8/3/2017 is not available. The plaintiffs' Motion for Summary Judgment (ECF No. #29 ) is RESET for 8/10/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (TEXT ONLY ENTRY) (Shaddox-Waldrop, A) |
| Filing 30 NOTICE to RESCHEDULE HEARING on #29 Motion for Summary Adjudication: Motion Hearing set for 8/3/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Merin, Mark) |
| ACKNOWLEDGEMENT OF RECEIPT of CD from Paul M. Masuhara re Notice of Lodging #29 -4. (Mena-Sanchez, L) |
| Filing 29 MOTION for SUMMARY ADJUDICATION by Denise M. Basque, Ryan D. Basque. Motion Hearing SET for 7/13/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Memorandum, #2 Statement of Undisputed Material Facts, #3 Declaration of Mark E. Merin, #4 Notice of Lodging Media, #5 Proposed Order)(Merin, Mark) Modified on 5/12/2017 (Mena-Sanchez, L). |
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Filing 28
PRETRIAL SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2017 ORDERING: Initial Disclosures due by 3/23/2017; Discovery due by 5/17/2018; Discovery motions to be heard by 5/3/2018; Designation of Expert Witnesses due by 2/15/2018; Rebuttal expert disclosures due by 3/15/2018; All law and motion, except as to discovery-related matters filed by 6/28/2018; A joint pretrial statement is due by 8/23/2018; Final Pretrial Conference set for 9/13/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; and a Jury Trial set for 10/19/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Washington, S)
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Filing 27
ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2017 GRANTING in PART and DENYING in PART #17 Motion to Strike. Defendants' first affirmative defense of qualified immunity is STRICKEN as to plaintiffs' state law Bane Act claim only, but not as to the federal claims. Defendants' second, third, fourth, fifth, sixth, seventh, and eight affirmative defenses are STRICKEN. (Washington, S)
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| Filing 26 MINUTES for SCHEDULING CONFERENCE and MOTION HEARING proceedings before Magistrate Judge Kendall J. Newman held on 3/9/2017: Court and counsel conferred regarding plaintiff's motion to strike #17 . Matter submitted. Order to issue. The Court also address scheduling for the case. Scheduling order to issue. Plaintiffs Counsel Mark Merin and Paul Masuhara present. Defendants Counsel David Huskey present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) |
| Filing 25 REPLY by Denise M. Basque, Ryan D. Basque to RESPONSE to #17 MOTION to STRIKE Affirmative Defenses from Answer. (Merin, Mark) |
| Filing 24 JOINT STATUS REPORT by Denise M. Basque, Ryan D. Basque. (Merin, Mark) |
| Filing 23 OPPOSITION by Devon M. Bell, Edward N. Bonner, County of Placer, Eric J. Lopin, William K. Olson, Placer County Sheriff's Office, Matt H. Winczner to #17 MOTION to STRIKE Affirmative Defenses from Answer. (Attachments: #1 Proposed Order)(Huskey, David) |
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Filing 22
ORDER signed by Magistrate Judge Kendall J. Newman on 1/26/17, ORDERING that a hearing on plaintiffs' pending #17 Motion to Strike Affirmative Defenses is SET for 3/9/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Any opposition to the motion to strike shall be filed no later than 2/9/2017. Any reply brief shall be due no later than 2/23/2017. An Initial Status (Pretrial Scheduling) Conference is SET for 3/9/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. No later than 2/23/2017, the parties shall file a joint status report. (Kastilahn, A)
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| Filing 21 NOTICE to RESCHEDULE HEARING on #17 MOTION to STRIKE Affirmative Defenses from Answer : Motion Hearing set for 2/23/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Merin, Mark) |
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Filing 18
ORDER of REASSIGNMENT signed by Chief Judge Lawrence J. O'Neill on 01/25/2017. New Case Number is 2:16-cv-2760 KJN.(Flores, E)
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| Filing 20 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by all Defendants. (Zignago, K.) |
| Filing 19 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Denise M. Basque, Ryan D. Basque. (Zignago, K.) |
| Filing 17 MOTION to STRIKE Affirmative Defenses from Answer by Denise M. Basque, Ryan D. Basque. Motion Hearing set for 2/16/2017 at 08:30 AM before District Judge George H. Wu. (Attachments: #1 Memorandum, #2 Proposed Order) (Merin, Mark) |
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Filing 16
MINUTE ORDER signed by District Judge George H. Wu on 01/04/17: Scheduling Conference SET for 2/16/2017 at 08:30 AM before District Judge George H. Wu. Parties may appear telephonically provided notice is given to the clerk 2 business days prior to the hearing. A Joint Report is due 02/02/17. (Benson, A)
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| Filing 15 ANSWER with Jury Demand by Devon M. Bell, Edward N. Bonner, County of Placer, Eric J. Lopin, William K. Olson, Placer County Sheriff's Office, Matt H. Winczner.(Huskey, David) |
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Filing 14
STANDING ORDER signed by District Judge George H. Wu on 12/20/2016. (Michel, G.)
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Filing 13
MINUTE ORDER signed by District Judge George H. Wu on 12/20/2016 re: #12 Transfer of Case. (Michel, G.)
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Filing 12
ORDER REASSIGNING CASE TO VISITING JUDGE signed by Chief Judge Lawrence J. O'Neill Case reassigned to District Judge George H. Wu for all further proceedings. District Judge Morrison C. England, Jr and Magistrate Judge Kendall J. Newman are no longer assigned to case. (Donati, J)
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| Filing 11 STIPULATION Extending Time to Answer Complaint by Devon M. Bell, Edward N. Bonner, County of Placer, Eric J. Lopin, William K. Olson, Placer County Sheriff's Office, Matt H. Winczner. Attorney Huskey, David K. added. (Huskey, David) Modified on 12/16/2016 (Becknal, R). |
| Filing 10 SUMMONS RETURNED EXECUTED: Devon M. Bell served on 11/22/2016, answer due 12/13/2016. (Merin, Mark) |
| Filing 9 SUMMONS RETURNED EXECUTED: Matt H. Winczner served on 11/22/2016, answer due 12/13/2016. (Merin, Mark) |
| Filing 8 SUMMONS RETURNED EXECUTED: William K. Olson served on 11/22/2016, answer due 12/13/2016. (Merin, Mark) |
| Filing 7 SUMMONS RETURNED EXECUTED: Eric J. Lopin served on 11/22/2016, answer due 12/13/2016. (Merin, Mark) |
| Filing 6 SUMMONS RETURNED EXECUTED: Edward N. Bonner served on 11/22/2016, answer due 12/13/2016. (Merin, Mark) |
| Filing 5 SUMMONS RETURNED EXECUTED: Placer County Sheriff's Office served on 11/22/2016, answer due 12/13/2016. (Merin, Mark) |
| Filing 4 SUMMONS RETURNED EXECUTED: County of Placer served on 11/22/2016, answer due 12/13/2016. (Merin, Mark) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Jackson, T) |
| Filing 2 SUMMONS ISSUED as to *Devon M. Bell, Edward N. Bonner, County of Placer, Eric J. Lopin, William K. Olson, Placer County Sheriff's Office, Matt H. Winczner* with answer to complaint due within *21* days. Attorney *Mark E. Merin* *Law Office of Mark E. Merin* *1010 F Street, Suite 300* *Sacramento, CA 95814*. (Jackson, T) |
| Filing 1 COMPLAINT against Devon M. Bell, Edward N. Bonner, County of Placer, Eric J. Lopin, William K. Olson, Placer County Sheriff's Office, Matt H. Winczner by Ryan D. Basque, Denise M. Basque. (Filing fee $ 400, receipt number 0972-6787416) (Attachments: #1 Civil Cover Sheet)(Merin, Mark) |
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