Estate of Tyler S. Rushing et al v. AG Private Protection, Inc. et al
Plaintiff: Estate of Tyler S. Rushing, Scott K. Rushing and Paula L. Rushing
Defendant: AG Private Protection, Inc., Edgar Sanchez, City of Chico, Chico Police Department, Scott Ruppel, Cedric Schwyzer, Alex Fliehr, Jeremy Gagnebin, County of Butte, Butte County Sheriff's Office and Ian Dickerson
Case Number: 2:2018cv01692
Filed: June 8, 2018
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Butte
Presiding Judge: Allison Claire
Presiding Judge: Morrison C. England
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 11, 2024 Opinion or Order Filing 166 MINUTES for proceedings held before District Judge Dale A. Drozd: JURY TRIAL DAY 4 held on 10/11/2024. Outside the presence of the jury. Court discussed defense 161 Rule 50(a) motion and opposition. Motion submitted. After hearing, for reasons stat ed in open court, defense 161 Motion for Judgment Denied as stated on the record. Pltfs' objected to defense calling Officer Sanchez as stated on the record. Defense addressed the court as to pltfs' objection. Court addressed counsel as stated on the record. Court ruled Officer Sanchez may testify but with limited testimony as stated on the record. Defense informed the court Officer Sanchez will not be called. Pltf requested Mr. Chapman's testimony be limited to the claims tha t are still at issue in the case. Clarence Champman sworn and testified on direct, cross, redirect, re-cross. Court instructed jury as to deposition testimony. Defense called David M. Posey. Excerpts of deposition transcript read. Cross examination. Court admonished jury. Jury Trial Continued to 10/15/2024 at 12:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. Outside the presence of the jury. Court in session. Defense to call witness Parris Ward and Thomas Resk on Tuesday. Pltf objected to witness Parris Ward as stated on the record. Defense addressed Pltf objection as stated on the record. Court held informal discussion in chambers with counsel regarding proposed jury instructions. Plaintiffs Counsel Mark Merin, Paul Masuhara, Robert Chalfant present. Defendants Counsel Sharon Medellin, Roger Colvin, Christy Garcia present. Court Reporter/CD Number: Abigail Torres. (Buzo, P)
October 7, 2024 Opinion or Order Filing 159 MINUTES for proceedings held before District Judge Dale A. Drozd: JURY TRIAL held on 10/7/2024. Court addressed objections. After discussion. Objection overruled. Court addressed tentative rulings. Court discussed trial schedule and possible confli ct with another trial scheduled. Ms. Medellin addressedpresentation of bodycam shown during opening statement. Mr. Merin addresseddefense statement. Court addressed parties and denied request to presentbodycam footage during opening statement. Mr. Me rin presented Joint Exhibits.Ms. Medellin addressed the court as to exhibit marked on the screen and printedout as an exhibit. Court addressed exhibit as being demonstrative. Mattersubmitted. After discussion. Exhibit marked on screen not admitted as sub-exhibit. The court adopts 156 Tentative Rulings on Motions in Limine and assupplemented on the record. Prospective jurors sworn. Court gave introduction ofcase. Voir Dire began. Pltf voir dire. Dft voir dire. No objections for cause. Peremptor y challenges. Jury sworn. Preliminary instructions given. Mr. Merin, gave pltf opening statement. Mr. Colvin gave dft opening statement. Evening recess. Court admonished jury. Jury Trial to resume on 10/9/2024 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. Plaintiffs Counsel Mark Merin, Paul Masuhara, Robert Chalfant present. Defendants Counsel Sharon Medellin, Roger Colvin present. Court Reporter/CD Number: Kimberly Bennett. (Buzo, P)
October 4, 2024 Opinion or Order Filing 156 TENTATIVE RULINGS ON MOTIONS IN LIMINE AND ORDER signed by District Judge Dale A. Drozd on 10/4/2024. The following motions in limine are GRANTED in part and DENIED in part, as explained in this order: 116 , 117 ; The following motions in limine are DENIED: 118 , 119 ; The following motion in limine is DENIED in part and DEFERRED in part, as explained in this order: 120 . (Mena-Sanchez, L)
August 28, 2024 Opinion or Order Filing 115 FINAL PRETRIAL ORDER signed by District Judge Dale A. Drozd on 8/27/24 ORDERING a Jury Trial for 10/7/2024 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Salmeron, A)
September 28, 2023 Opinion or Order Filing 99 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 9/27/2023 ORDERING that A Settlement Conference is SET for 11/28/2023 before Magistrate Judge Kendall J. Newman. (cc: Magistrate Judge Kendall J. Newman) (Mena-Sanchez, L)
July 17, 2023 Opinion or Order Filing 92 MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 07/14/23 GRANTING IN PART AND DENYING IN PART 84 Motion for Summary Judgment as follows: GRANTED as to Plaintiffs' Fourth Cause of Action for unreasonable force under Article I, § 13 of the California Constitution, and it is DENIED in all other respects. (Benson, A.)
December 20, 2022 Opinion or Order Filing 87 ORDER signed by Senior Judge Morrison C. England, Jr on 12/19/2022 GRANTING 86 Request to Seal Documents 37 -6, 37 -8, 37 -10, 37 -11, 84 -6, 84 -8, 84 -10, & 84 -11. The Chico Defendants are DIRECTED to file redacted versions of the subject documents forthwith. (Coll, A)
October 25, 2022 Opinion or Order Filing 83 ORDER signed by Senior Judge Morrison C. England, Jr. on 10/24/22 SETTING the following briefing schedule for the filing of motions for summary judgment: Any Motion(s) for Summary Judgment due 12/01/22; Oppositions due 01/12/23 and replies due 01/26/23. No hearing date will be set at this time, and the motions will be taken under submission when filed. No trial date will be set until any motion(s) are resolved. (Benson, A.)
August 13, 2021 Opinion or Order Filing 76 ORDER signed by Senior Judge Morrison C. England, Jr., on 8/12/21 CONCLUDING that awarding Defendants their costs in this case would be inappropriate. (Kastilahn, A)
July 22, 2020 Opinion or Order Filing 62 MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr on 7/22/2020 GRANTING 37 Motion for Summary Judgment; GRANTING 38 Motion for Summary Judgment; and GRANTING 45 Motion for Summary Judgment. The Clerk of the Court is directed to enter judgment in their favor. CASE CLOSED. (Tupolo, A)
May 20, 2020 Opinion or Order Filing 61 ORDER signed by Senior Judge Morrison C. England, Jr on 5/19/2020 DENYING Plaintiffs' 36 Motion for Reconsideration. (Becknal, R)
December 11, 2019 Opinion or Order Filing 51 ORDER signed by District Judge John A. Mendez on 12/11/2019 GRANTING 47 Request for a page limit increase concerning their Reply to be filed in support of their Motion for Summary Judgment Or, In the Alternative, Partial Summary Judgment. The Chico Defendants' Reply brief shall receive a ten (10)-page limit increase, in addition to the regularly-afforded ten (10) pages, for a total of twenty (20) pages. (Zignago, K.)
December 4, 2019 Opinion or Order Filing 44 ORDER signed by District Judge Morrison C. England, Jr on 12/3/19 GRANTING Request for page limit increase. Plaintiffs' opposition brief shall receive a ten (10) page limit increase, in addition to the regularly-afforded twenty (20) pages, for a total of thirty (30) pages. (Mena-Sanchez, L)
November 19, 2019 Opinion or Order Filing 35 ORDER signed by District Judge Morrison C. England, Jr. on 11/19/2019 DENYING plaintiffs' 23 Motion for Summary Adjudication. (Zignago, K.)
November 14, 2019 Opinion or Order Filing 34 ORDER signed by District Judge Morrison C. England, Jr on 11/13/19 ORDERING that County Defendants be allowed to up to twenty-seven (27) pages for their Memorandum of Points and Authorities in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. Any opposition to said motion may also be up to twenty-seven (27) pages in length; and Any reply shall not exceed fifteen (15) pages. (Mena-Sanchez, L)
September 4, 2019 Opinion or Order Filing 28 ORDER signed by District Judge Morrison C. England, Jr. on 9/4/2019 GRANTING 27 Ex Parte Application. The Chico Defendants are GRANTED leave to file a single Motion for Summary Judgment that addresses all claims raised in 1 Complaint on or before by 12/4/2019. (Huang, H)
December 5, 2018 Opinion or Order Filing 21 PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 12/5/18. (Becknal, R)
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Search for this case: Estate of Tyler S. Rushing et al v. AG Private Protection, Inc. et al
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Plaintiff: Estate of Tyler S. Rushing
Represented By: Paul Hajime Masuhara, III
Represented By: Mark E. Merin
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Plaintiff: Scott K. Rushing
Represented By: Paul Hajime Masuhara, III
Represented By: Mark E. Merin
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Plaintiff: Paula L. Rushing
Represented By: Paul Hajime Masuhara, III
Represented By: Mark E. Merin
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Defendant: AG Private Protection, Inc.
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Defendant: Edgar Sanchez
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Defendant: City of Chico
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Defendant: Chico Police Department
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Defendant: Scott Ruppel
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Defendant: Cedric Schwyzer
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Defendant: Alex Fliehr
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Defendant: Jeremy Gagnebin
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Defendant: County of Butte
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Defendant: Butte County Sheriff's Office
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Defendant: Ian Dickerson
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