Guerrero-v-County of Alameda, et al
| Guillermo Guerrero |
| County of Alameda, Deputy Sheriff G. Stevens, Alameda County Sheriff's Department, Gregory J. Ahern and The Sheriff of the Alameda County Sheriff's Department |
| 3:2018cv02379 |
| April 19, 2018 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Alameda |
| William Alsup |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.
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| Filing 47 CLERK'S NOTICE CHANGING HEARING TIME FOR SEPTEMBER 27, 2018 HEARING - Motion Hearing previously set for 9/27/2018 at 8:00 AM has been rescheduled to 9/27/2018 at 01:30 PM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup.. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to (tlS, COURT STAFF) (Filed on 9/14/2018) |
| Set/Reset Deadlines as to #35 MOTION for Leave to File Amended Complaint. Motion Hearing set for 9/27/2018 01:30 PM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (tlS, COURT STAFF) (Filed on 9/14/2018) |
| Filing 46 RESPONSE to re #35 Amended Complaint, REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF GUERRERO'S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by Guillermo Guerrero. (Romero, Sandra) (Filed on 9/6/2018) |
| Filing 45 ADR Remark: The further ADR Phone Conference set for 9/5/2018, at 10:00 AM has been taken OFF CALENDAR. Case referred to Magistrate Judge Donna M. Ryu for Settlement Conference #38 . (af, COURT STAFF) (Filed on 9/5/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 44 RESPONSE to re #35 Amended Complaint, Defendants' Opposition to Plaintiff Guillermo Guerrero's Notice of Motion and Motion For Leave to File Amended Complaint by Gregory J. Ahern, County of Alameda, G. Stevens. (Wenzel, Michael) (Filed on 8/30/2018) |
Filing 43
ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 11/30/2018 11:00 AM before Magistrate Judge Donna M. Ryu in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Donna M. Ryu on 8/28/18. (ig, COURT STAFF) (Filed on 8/28/2018)
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| Filing 42 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Planning call held on 8/28/2018 in advance of 11/30/2018 settlement conference. See minute Order for more particulars. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 8/28/2018) |
| Filing 41 CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss timing and preparation for an in-person settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 8/28/2018 02:15 PM. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (igS, COURT STAFF) (Filed on 8/20/2018) |
| Filing 40 SECOND AMENDED CASE MANAGEMENT ORDER AND REFERENCE TO MAGISTRATE JUDGE FOR MEDIATION/SETTLEMENT Amendment to #38 Case Management Scheduling Order - correcting reply deadline in paragraph one - correct date September 6, 2018. (tlS, COURT STAFF) (Filed on 8/17/2018) |
| Filing 39 CASE REFERRED to Magistrate Judge Magistrate Judge Donna M. Ryu for Settlement. (afmS, COURT STAFF) (Filed on 8/17/2018) |
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Filing 38
FIRST AMENDED CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge for Mediation/Settlement. Final Pretrial Conference set for 5/15/2019 02:00 PM in San Francisco, Courtroom 12, 19th Floor. Jury Trial set for 5/20/2019 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Amended Pleadings due by 11/29/2018. Discovery due by 12/14/2018. Expert Witness List due by 12/14/2018. Motions due by 2/7/2019. Signed by Judge William Alsup on 8/17/2018. (whasec, COURT STAFF) (Filed on 8/17/2018)
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| Set Deadlines/Hearings: Jury Selection/Jury Trial set for 5/20/2019 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Further Jury Trial set for 5/21/2019, 5/22/2019, 5/23/2019, 5/24/2019 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (afmS, COURT STAFF) (Filed on 8/17/2018) |
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Filing 37
CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to ADR Unit for Mediation. Case referred to Mediation. Hearing re plaintiff's motion for leave to file amended complaint at 8:00 AM on 9/27/2018. Final Pretrial Conference set for 5/15/2019 02:00 PM in San Francisco, Courtroom 12, 19th Floor. Jury Trial set for 5/20/2019 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Amended Pleadings due by 11/29/2018. Discovery due by 12/14/2018. Expert Witness List due by 12/14/2018. Motions due by 2/7/2019. Signed by Judge William Alsup on 8/16/2018. (whasec, COURT STAFF) (Filed on 8/16/2018)
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| Set/Reset Hearing re #35 Amended Complaint, Motion Hearing set for 9/27/2018 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Defendants' response due 8/30/2018; reply due 9/1/2018. (whasec, COURT STAFF) (Filed on 8/16/2018) |
| Filing 36 AMENDED COMPLAINT FOR DAMAGES 1. PERSONAL INJURY (BATTERY); 2. PERSONAL INJURY (NEGLIGENCE); 3. VIOLATIONS OF CIVIL CODE SECTION 52.1; 4. ASSAULT; 5. VIOLATIONS (42 USC 1983) - INDIVIDUAL LIABILITY UNDER FOURTH AMENDMENT; 6. VIOLATIONS OF 42 USC 1983-ENTITY LIABILITY-OFFICIAL POLICY; 7. VIOLATIONS OF 42 USC 1983-ENTITY LIABILITY-FAILURE TO TRAIN; 8. VIOLATIONS OF 42 USC 1983-FOURTEENTH AMENDMENT INDIVIDUAL LIABILITY-OFFICIAL POLICY; 9. VIOLATIONS OF 42 USC 1983 - FOURTEENTH AMENDMENT INDIVIDUAL LIABILITY-EXCESSIVE FORCE; 10. VIOLATIONS OF 42 USC 1983 - FOURTEENTH AMENDMENT INDIVIDUAL LIABILITY - INTERFERENCE WITH FAMILIAL ASSOCIATION 11. SECTION 1983 CLAIM VIOLATION OF CIVIL RIGHTS-SECTION 1983; 12. CRUEL AND UNUSUAL PUNISHMENT - EIGHT AMENDMENT; DEMAND FOR JURY TRIAL; against All Plaintiffs. Filed byGuillermo Guerrero. (Romero, Sandra) (Filed on 8/13/2018) Modified on 8/14/2018 (aaaS, COURT STAFF). |
| Filing 35 NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED COMPLAINT against All Plaintiffs. Filed byGuillermo Guerrero. (Attachments: #1 Appendix PLAINTIFFS AMENDED COMPLAINT, #2 Proposed Order PROPOSED ORDER)(Romero, Sandra) (Filed on 8/13/2018) Modified on 8/14/2018 (aaaS, COURT STAFF). Modified on 9/14/2018 (tlS, COURT STAFF). |
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Filing 34
ORDER APPROVING #33 STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 8/9/2018)
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| Filing 33 STIPULATION WITH PROPOSED ORDER Stipulated Protective Order for Standard Litigation filed by Gregory J. Ahern, County of Alameda. (Wenzel, Michael) (Filed on 8/9/2018) |
| Filing 32 JOINT CASE MANAGEMENT STATEMENT filed by Gregory J. Ahern, County of Alameda. (Wenzel, Michael) (Filed on 8/9/2018) |
| Filing 31 CERTIFICATE OF SERVICE by Guillermo Guerrero Proof of Service of Summons & Complaint served on Defendants (Attachments: #1 Certificate/Proof of Service, #2 Certificate/Proof of Service, #3 Certificate/Proof of Service)(Romero, Sandra) (Filed on 8/8/2018) |
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Filing 30
ORDER DENYING PETITION FOR RELIEF AND GRANTING COUNTY OF ALAMEDA AND GREGORY J. AHERNS MOTION TO DISMISS by Judge William Alsup [granting #15 Motion to Dismiss; denying #21 Motion Denying Petition & Granting Motion to Dismiss]. Plaintiff's motion for leave to amend must be filed and served by NOON on 8/13/2018. This order VACATES the hearing on the motion. The case management conference is MOVED to 11:00 AM on August 16, 2018. (whasec, COURT STAFF) (Filed on 8/1/2018)
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| Filing 29 REPLY (re #21 MOTION PETITION FOR AN ORDER THAT PLAINTIFF GUILLERMO GUERRERO IS IN SUBSTANTIAL COMPLIANCE WITH GOVERNMENT CODE 910 OR IN THE ALTERNATIVE FOR AN ORDER RELIEVING PLAINTIFF GUILLERMO GUERRERO FROM GOVERNMENT CODE 946.6 re #2 Amended Document,, ) filed byGuillermo Guerrero. (Romero, Sandra) (Filed on 7/20/2018) |
| Filing 28 REPLY (re #15 MOTION to Dismiss Plaintiff's Complaint ) Defendants' Reply to Plaintiff's Opposition to Motion to Dismiss Plaintiff's Complaint filed byGregory J. Ahern, County of Alameda. (Wenzel, Michael) (Filed on 7/19/2018) |
| Filing 27 ADR Remark: ADR Phone Conference held on 7/16/2016 by Howard Herman. A further ADR Phone Conference is scheduled for 9/5/2018 at 10:00 AM. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 7/18/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 26 OPPOSITION/RESPONSE (re #21 MOTION PETITION FOR AN ORDER THAT PLAINTIFF GUILLERMO GUERRERO IS IN SUBSTANTIAL COMPLIANCE WITH GOVERNMENT CODE 910 OR IN THE ALTERNATIVE FOR AN ORDER RELIEVING PLAINTIFF GUILLERMO GUERRERO FROM GOVERNMENT CODE 946.6 re #2 Amended Document,, ) filed byCounty of Alameda. (Wenzel, Michael) (Filed on 7/13/2018) |
| Filing 25 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss Plaintiff's Complaint ) filed byGuillermo Guerrero. (Attachments: #1 Declaration, #2 Exhibit EXHIBIT A TO GUERRERO DEC, #3 Exhibit EXHIBIT B TO GUERRERO DEC, #4 Exhibit EXHIBIT C TO GUERRERO DEC, #5 Exhibit EXHIBIT D TO GUERRERO DEC, #6 Exhibit Exhibit E to Guillermo Guerrero Declaration, #7 Declaration, #8 Exhibit EXHIBIT F TO S. ROMERO DEC, #9 Exhibit EXHIBIT G TO S.ROMERO DEC, #10 Exhibit EXHIBIT H TO S. ROMERO, #11 Proposed Order PROPOSED ORDER)(Romero, Sandra) (Filed on 7/11/2018) |
| Filing 24 ADR Remark: ADR Phone Conference scheduled on 7/16/2018 at 10:30 AM Pacific Time is ADVANCED to 9:30 AM Pacific Time on 7/16/2018. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 7/11/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 23 CLERK'S NOTICE Continuing Case Management Conference. The case management conference previously noticed for 07/19/2018, is reset to 8/16/2018, at 08:00 AM in San Francisco, Courtroom 12, 19th Floor. Case Management Statement due by 8/9/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmiS, COURT STAFF) (Filed on 7/11/2018) |
| Filing 22 CLERK'S NOTICE RESCHEDULING MOTION HEARING RE: #21 MOTION PETITION FOR AN ORDER RE PLAINTIFF GUILLERMO GUERRERO: Due to the Court's unavailability and that a second motion is calendared to be heard, the Court resets this motion hearing to the same day and time as the secondary motion: Motion Hearing set for 8/16/2018 at 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. All briefing remains as is. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/29/2018) |
| Filing 21 MOTION PETITION FOR AN ORDER THAT PLAINTIFF GUILLERMO GUERRERO IS IN SUBSTANTIAL COMPLIANCE WITH GOVERNMENT CODE 910 OR IN THE ALTERNATIVE FOR AN ORDER RELIEVING PLAINTIFF GUILLERMO GUERRERO FROM GOVERNMENT CODE 946.6 re #2 Amended Document,, filed by Guillermo Guerrero. Motion Hearing set for 8/9/2018 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 7/13/2018. Replies due by 7/20/2018. (Attachments: #1 Declaration PLAINTIFF GUILLERMO GUERRERO DECLARATION, #2 Exhibit EXHIBIT A TO GUERRERO DEC, #3 Exhibit EXHIBIT B TO GUERRERO DEC, #4 Exhibit EXHIBIT C TO GUERRERO DEC, #5 Exhibit EXHIBIT D TO GUERRERO DEC, #6 Declaration, #7 Proposed Order, #8 Certificate/Proof of Service)(Romero, Sandra) (Filed on 6/29/2018) |
| Filing 20 Notice of Withdrawal of Motion PLAINTIFF GUILLERMO GUERREROS NOTICE OF WITHDRAWAL OF AMENDED PETITION FOR AN ORDER RELIEVING PLAINTIFF GUILLERMO GUERRERO FROM GOVERNMENT CODE 945.4 (Romero, Sandra) (Filed on 6/29/2018) |
| Filing 19 ADR Clerk's Notice Setting ADR Phone Conference on 7/16/2018 at 10:30 AM Pacific Time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 6/29/2018) |
| Filing 18 REQUEST for ADR Phone Conference Notice of Need for ADR Phone Conference (ADR LR 3-5). (Wenzel, Michael) (Filed on 6/28/2018) |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wenzel, Michael) (Filed on 6/28/2018) |
| Filing 16 Response to Plaintiff Guerrero's Amended Petition for an Order Relief from Government Code, Section 945.4 byCounty of Alameda. (Attachments: #1 Declaration in Support of County's Renewed Opposition to Plaintiff's Petition)(Wenzel, Michael) (Filed on 6/28/2018) |
| Filing 15 MOTION to Dismiss Plaintiff's Complaint filed by Gregory J. Ahern, County of Alameda. Motion Hearing set for 8/16/2018 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 7/12/2018. Replies due by 7/19/2018. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Complaint)(Wenzel, Michael) (Filed on 6/28/2018) |
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Filing 14
ORDER RE PENDING MOTION TO DISMISS by Judge William Alsup [finding as moot #12 Motion to Dismiss for Lack of Jurisdiction]. (whasec, COURT STAFF) (Filed on 6/7/2018)
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| Filing 13 COMPLAINT against All Defendants. Filed byGuillermo Guerrero. (Attachments: #1 Summons Summons & Complaint Per Court Order)(Romero, Sandra) (Filed on 6/6/2018) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction and Opposition to Petitioner's Amended Petition for Order Relieving Him from Govt. Code 945.4 filed by County of Alameda. Responses due by 6/15/2018. Replies due by 6/22/2018. (Attachments: #1 Declaration of Michael C. Wenzel)(Wenzel, Michael) (Filed on 6/1/2018) |
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Filing 11
ORDER RE PETITION FOR RELIEF FROM CALIFORNIA GOVERNMENT CODE SECTION 945.4 AND SETTING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 7/12/2018. Initial Case Management Conference set for 7/19/2018 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Signed by Judge William Alsup on 5/31/2018. (whasec, COURT STAFF) (Filed on 5/31/2018)
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Filing 10
ORDER, Case reassigned to Judge William Alsup. Magistrate Judge Maria-Elena James no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 5/17/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 5/17/2018)
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF) (Filed on 5/16/2018) |
| Filing 8 Refund status re #3 Application for Refund, Approved. (pals, COURT STAFF) (Filed on 5/7/2018) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Guillermo Guerrero.. (Romero, Sandra) (Filed on 4/26/2018) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Guillermo Guerrero.. (Romero, Sandra) (Filed on 4/26/2018) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/12/2018. Initial Case Management Conference set for 7/19/2018 10:00 AM. (hdjS, COURT STAFF) (Filed on 4/20/2018) |
| Filing 4 Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/4/2018. (srnS, COURT STAFF) (Filed on 4/20/2018) |
| Filing 3 Application for Refund re #1 Petition,,, Receipt Number 0971-12288441 by Guillermo Guerrero. (Romero, Sandra) (Filed on 4/20/2018) |
| Filing 2 AMENDED DOCUMENT by Guillermo Guerrero. Amendment to #1 Petition,, FOR AN ORDER RELIEVING PETITIONER GUILLERMO GUERRERO. (Attachments: #1 Declaration AMENDED DECLARATION OF GUILLERMO GUERRERO, #2 Exhibit EXHIBIT A TO AMENDED DECLARATION OF GUILLERMO GUERRERO, #3 Exhibit EXHIBIT B TO AMENDED DECLARATION OF GUILLERMO GUERRERO, #4 Exhibit EXHIBIT C TO AMENDED DECLARATION OF GUILLERMO GUERRERO, #5 Exhibit EXHIBIT D TO AMENDED DECLARATION OF GUILLERMO GUERRERO, #6 Exhibit EXHIBIT E TO AMENDED DECLARATION OF GUILLERMO GUERRERO, #7 Proposed Order, #8 Certificate/Proof of Service)(Romero, Sandra) (Filed on 4/20/2018) |
| Electronic filing error. Please amend petition adding defendant Re: #1 Petition, filed by Guillermo Guerrero. (srnS, COURT STAFF) (Filed on 4/20/2018) |
| Filing 1 PETITION FOR AN ORDER RELIEVING PETITIONER GUILLERMO GUERRERO against Guillermo Guerrero (Filing fee $400 receipt number 0971-12288452). Filed byGuillermo Guerrero. (Attachments: #1 Declaration Guillermo Guerrero Declaration, #2 Declaration Exhibit A to Guillermo Guerrero Declaration, #3 Declaration Exhibit B to Guillermo Guerrero Declaration, #4 Declaration Exhibit C to Guillermo Guerrero Declaration, #5 Declaration Exhibit D to Guillermo Guerrero Declaration, #6 Declaration Exhibit E to Guillermo Guerrero Declaration, #7 Proposed Order, #8 Certificate/Proof of Service, #9 Civil Cover Sheet)(Romero, Sandra) (Filed on 4/19/2018) |
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