Serrato et al v. Monterey County et al
D. B., I. S., Claudia Serrato, Elizabeth Serrato, Israel Serrato, Julian Serrato, Rita Serrato and Rogelio Serrato |
Sergeant Joseph Banuelos, Al Martinez, Sheriff Scott Miller, Captain Charles Monarque, Monterey County, Kevin Oakley, Sergeant Randy Ragsac, Sergeant Garrett Sanders and Deputy Mark Sievers |
5:2011cv03642 |
July 25, 2011 |
U.S. District Court for the Northern District of California |
San Jose Office |
Monterey |
Paul Singh Grewal |
Ronald M Whyte |
Civil Rights: Other |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on October 29, 2013. A more recent docket listing may be available from PACER.
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Filing 59 STIPULATION and (PROPOSED) ORDER OF DISMISSAL WITH PREJUDICE filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Attachments: #1 Exhibit D - Settlement Terms)(Altomare, Gina) (Filed on 9/27/2013) Modified on 9/27/2013 (bwS, COURT STAFF). |
Filing 58 Amended Petition Appointing Guardian ad Litem and Approving Minors' Compromise and (Proposed) Order filed by D. B., I. S., Claudia Serrato, Elizabeth Serrato, Rita Serrato. (Nisenbaum, Benjamin) (Filed on 9/17/2013) Text modified on 9/18/2013 (bwS, COURT STAFF). |
Filing 57 Administrative Motion and (Proposed) Order to to File Under Seal filed by D. B., I. S., Claudia Serrato, Elizabeth Serrato, Rita Serrato. (Nisenbaum, Benjamin) (Filed on 9/17/2013) Text modified on 9/18/2013 (bwS, COURT STAFF). |
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Filing 55 (PROPOSED) ORDER GRANTING PLAINTIFFS ROGELIO SERRATOS, JULIAN SERRATOS, AND ISRAEL SERRATOS UNOPPOSED MOTION TO APPROVE MINORS COMPROMISE re #52 by Julian Serrato, Rogelio Serrato, Israel Serrato. (Sherwin, Julia) (Filed on 7/1/2013) Modified on 7/15/2013 (bw, COURT STAFF). |
Filing 54 DECLARATION OF JULIA SHERWIN IN SUPPORT OF PLAINTIFFS ROGELIO SERRATOS, JULIAN SERRATOS, AND ISRAEL SERRATOS UNOPPOSED MOTION TO APPROVE MINORS COMPROMISE re #52 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Attachments: #1 Exhibit A, Julian Serrato Structured Settlement, #2 Exhibit B, Israel Serrato Structured Settlement, #3 Exhibit C, Qualified Assignment, #4 Exhibit D, Settlement Terms) (Sherwin, Julia) (Filed on 7/1/2013) Modified on 7/15/2013 (bw, COURT STAFF). |
Filing 53 DECLARATION OF LISA MAGDALENO IN SUPPORT O PLAINTIFFS ROGELIO SERRATO'S, JULIAN SERRATO'S, AND ISRAEL SERRATO'S UNOPPOSED MOTION TO APPROVE MINORS' COMPROMISE re #52 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Sherwin, Julia) (Filed on 7/1/2013) Modified on 7/15/2013 (bw, COURT STAFF). |
Filing 52 UNOPPOSED MOTION TO APPROVE MINORS COMPROMISE filed by Julian Serrato, Rogelio Serrato, Israel Serrato. Responses due by 7/15/2013. Replies due by 7/22/2013. (Sherwin, Julia) (Filed on 7/1/2013) Modified on 7/15/2013 (bw, COURT STAFF). |
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Filing 50 NOTICE OF SETTLEMENT, STIPULATION TO VACATE PRETRIAL AND TRIAL DATES, AND (PROPOSED) ORDER filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 6/25/2013) Modified on 7/15/2013 (bw, COURT STAFF). |
Filing 49 TRIAL BRIEF by Julian Serrato, Rogelio Serrato, Israel Serrato. (Sherwin, Julia) (Filed on 6/25/2013) |
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Filing 47 STIPULATION FOR VERY BRIEF EXTENSION TO SUBMIT OPPOSING TRIAL DOCUMENTS w/DECLARATION OF BRUCE D. PRAET and [PROPOSED ORDER] filed by Monterey County. (Attachments: #1 Proposed Order)(Praet, Bruce) (Filed on 6/10/2013) Modified on 7/15/2013 (bw, COURT STAFF). |
Filing 46 NOTICE of Unavailability of Defense Counsel from June 17, 2013, through July 2, 2013 by Joseph Banuelos, Al Martinez, Scott Miller, Charles Monarque, Monterey County, Kevin Oakley, Randy Ragsac, Garrett Sanders, Mark Sievers (Praet, Bruce) (Filed on 6/6/2013) Modified on 6/6/2013 (bwS, COURT STAFF). |
Filing 45 Notice of Unavailability of Plaintiff's Counsel from May 1, 2013 through May 12, 2013 and May 16, 2013 through May 20, 2013 by Julian Serrato, Rogelio Serrato, Israel Serrato (Sherwin, Julia) (Filed on 3/19/2013) Text modified on 3/20/2013 (bwS, COURT STAFF). |
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Filing 43 Minute Entry: Motion Hearing held on 2/22/2013 before Ronald M. Whyte (Date Filed: 2/22/2013) re (23 in 5:11-cv-03642-RMW) MOTION for Partial Summary Judgment filed by Julian Serrato, Israel Serrato, Rogelio Serrato. (Court Reporter Summer Fisher.) (jg, COURT STAFF) (Date Filed: 2/22/2013) |
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Filing 41 Amended Stipulation and (PROPOSED) to Amend Case Management Order filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Attachments: #1 Declaration of Michael J. Haddad, #2 Declaration of Benjamin Nisenbaum) (Altomare, Gina) (Filed on 2/19/2013) Modified on 2/21/2013 (bwS, COURT STAFF). |
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Filing 39 REPLY BRIEF TO DEFENDANTS OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT re #23 filed by Rita Serrato. (Burris, John) (Filed on 2/8/2013) Modified on 2/11/2013 (bwS, COURT STAFF). |
Filing 38 Declaration of Gina Altomare in Support of Plaintiff's Motion for Partial Summary Judgment re #23 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Attachments: #1 Exhibit-O: Williams Dep, #2 Exhibit-P: Safariland Manual Excerpt, #3 Exhibit-Q: Magdaleno Dep Excerpt) (Altomare, Gina) (Filed on 2/8/2013) Modified on 2/11/2013 (bwS, COURT STAFF). |
Filing 37 REPLY TO DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (re #23 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 2/8/2013) Modified on 2/11/2013 (bwS, COURT STAFF). |
Set/Reset Deadlines as to #23 MOTION for Partial Summary Judgment . Motion Hearing set for 2/15/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. (jg, COURT STAFF) (Filed on 2/6/2013) |
Filing 36 REPLY to Plaintiffs' Objections to Timeliness of Cross-Motion for Summary Judgment re #23 filed by Joseph Banuelos, Al Martinez, Scott Miller, Charles Monarque, Monterey County, Kevin Oakley, Randy Ragsac, Garrett Sanders, Mark Sievers. (Praet, Bruce) (Filed on 1/31/2013) Modified on 1/31/2013 (bwS, COURT STAFF). |
Filing 35 NOTICE OF JOINDER IN PLAINTIFFS ROGELIO SERRATO, ET AL, OBJECTION TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT AND ADDENDUM REGARDING DISPUTED FACTS by Rita Serrato et al (Burris, John) (Filed on 1/30/2013) Modified on 1/31/2013 (bwS, COURT STAFF). |
Filing 34 OBJECTIONS to Defendants' Untimely and Improper Cross-Motion for Summary Judgment and Addendum Re: Disputed Facts and (Proposed) Order by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 1/30/2013) |
Filing 33 NOTICE of Appearance of Counsel Genevieve Kathryn Guertin filed by Plaintiffs (Guertin, Genevieve) (Filed on 1/30/2013) Modified on 1/30/2013 (bw, COURT STAFF). |
Filing 32 OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT and CROSSMOTION FOR SUMMARY JUDGMENT re #32 filed by Joseph Banuelos, Al Martinez, Scott Miller, Charles Monarque, Monterey County, Kevin Oakley, Randy Ragsac, Garrett Sanders, Mark Sievers. (Attachments: #1 Addendum re Disputed Facts, #2 Declaration of Bruce D. Praet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Notice of Lodging Depositions, #16 (Proposed) Order) (Praet, Bruce) (Filed on 1/30/2013) Modified on 1/30/2013 (bwS, COURT STAFF). |
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Filing 30 Declaration of Gina Altomare in Support of Stipulation and (Proposed) Order to Amend Case Management Order re #29 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 1/28/2013) Modified on 1/28/2013 (bw, COURT STAFF). |
Filing 29 STIPULATION and (PROPOSED) ORDER to Amend Case Management Order filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 1/28/2013) Modified on 1/28/2013 (bw, COURT STAFF). |
Filing 28 STIPULATION and (PROPOSED) ORDER Setting Briefing and Hearing Schedule for Plaintiff's Motion for Partial Summary Judgment re #23 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 1/22/2013) Modified on 1/23/2013 (bwS, COURT STAFF). |
Filing 27 Notice of Joinder In Plaintiffs' Motion for Partial Summary Judgment re #24 Declaration in Support #26 Proposed Order, #23 MOTION for Partial Summary Judgment , #25 Declaration in Support Plaintiffs' Rita Serrato, et al. Notice of Joinder in Plaintiffs' Rogelio Serrato, et al. Motion for Partial Summary Judgment by D. B., I. S., Elizabeth Serrato, Rita Serrato. (Nisenbaum, Benjamin) (Filed on 1/11/2013) Modified on 1/11/2013 (bw, COURT STAFF). |
Filing 26 (Proposed) Order Granting Plaintiff's Motion for Partial Summary Judgment re #23 by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 1/11/2013) Modified on 1/11/2013 (bw, COURT STAFF). |
Filing 25 Declaration of James Desmarais re 923 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 1/11/2013) Modified on 1/11/2013 (bw, COURT STAFF). |
Filing 24 DECLARATION OF GINA ALTOMARE IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT re #23 filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Attachments: #1 Exhibit A - Clark Deposition, #2 Exhibit B - Banuelos Deposition, #3 Exhibit C - Ragsac Deposition, #4 Exhibit D - Miller Deposition, #5 Exhibit E - Monarque Deposition, #6 Exhibit F - Oakley Deposition, #7 Exhibit G - Sanders Deposition, #8 Exhibit H - Martinez Deposition, #9 Exhibit I - Sievers Deposition, #10 Exhibit J - Safariland Manual Excerpt, #11 Exhibit K - Scene Photos, #12 Exhibit L - Supplemental Report No. 4, #13 Exhibit M - Coroner's Report, #14 Exhibit N - Cal Fire Investigation Report) (Altomare, Gina) (Filed on 1/11/2013) Modified on 1/11/2013 (bw, COURT STAFF). |
Filing 23 NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Julian Serrato, Rogelio Serrato, Israel Serrato. Motion Hearing set for 2/15/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Responses due by 1/25/2013. Replies due by 2/1/2013. (Altomare, Gina) (Filed on 1/11/2013) Modified on 1/11/2013 (bwS, COURT STAFF). |
Filing 22 Notice of Unavailability of Plaintiffs' Counsel from December 24, 2013 through January 11, 2013 by Julian Serrato, Rogelio Serrato, Israel Serrato (Sherwin, Julia) (Filed on 12/20/2012) Modified on 12/21/2012 (bw, COURT STAFF). |
Filing 21 NOTICE of Unavailability of Plaintiffs' Counsel from September 17, 2012 through October 1,2012 by Julian Serrato, Rogelio Serrato, Israel Serrato (Sherwin, Julia) (Filed on 9/10/2012) Modified on 9/11/2012 (bwS, COURT STAFF). |
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Filing 19 STIPULATION AND REQUEST TO EXTEND DEADLINE FOR PARTICIPATION IN SETTLEMENT CONFERENCE filed by Monterey County. (Attachments: #1 (Proposed) Order)(Praet, Bruce) (Filed on 4/16/2012) Modified on 4/16/2012 (bw, COURT STAFF). |
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Filing 16 Proposed Scheduling Order re #15 by Monterey County. (Praet, Bruce) (Filed on 12/12/2011) Modified on 12/13/2011 (bw, COURT STAFF). |
Filing 17 Minute Entry: Initial Case Management Conference held on 12/9/2011 before Ronald M. Whyte (Date Filed: 12/9/2011). Jury Trial set for 4/15/2013 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 2/15/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 4/4/2013 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Discovery cutoff 1/25/2013. Early Settlement Conference with Magistrate Judge Grewal before the end of April 2012. (Court Reporter Not Reported.) (jg, COURT STAFF) (Date Filed: 12/9/2011) |
Filing 15 (Proposed) Scheduling Order by Monterey County. (Praet, Bruce) (Filed on 12/9/2011) Modified on 12/15/2011 (bw, COURT STAFF). |
Filing 14 NOTICE of Unavailability of Counsel by Julian Serrato, Rogelio Serrato, Israel Serrato (Altomare, Gina) (Filed on 12/1/2011) Modified on 12/2/2011 (bw, COURT STAFF). |
Filing 13 Notice Unavailability of Counsel by Joseph Banuelos, Al Martinez, Scott Miller, Charles Monarque, Monterey County, Kevin Oakley, Randy Ragsac (Grant, Irven) (Filed on 11/28/2011) Modified on 11/28/2011 (bw, COURT STAFF). |
Filing 12 JOINT CASE MANAGEMENT CONFERENCE STATEMENT [in this and in related case no. C-11-4106] filed by Julian Serrato, Rogelio Serrato, Israel Serrato. (Haddad, Michael) (Filed on 11/17/2011) Modified on 11/18/2011 (bw, COURT STAFF). |
Filing 11 CLERKS NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE: Case Management Conference set for 12/9/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Joint Case Management Statement due by 12/2/2011. (jg, COURT STAFF) (Filed on 10/20/2011) |
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Filing 9 Notice and Administrative Motion to Determine Whether Cases Should be Related and (Proposed) Order (CIVIL L.R. 3-12) (re CV4106PSG) filed by Rita Serrato, Elizabeth Serrato, Claudia Serrato, I. S., D. B. (Burris, John) (Filed on 10/11/2011) Modified on 10/12/2011 (bw, COURT STAFF). |
Filing 8 ANSWER to Complaint re #1 with Jury Demand by Joseph Banuelos, Al Martinez, Scott Miller, Charles Monarque, Monterey County, Kevin Oakley, Randy Ragsac, Garrett Sanders, Mark Sievers. (Praet, Bruce) (Filed on 10/3/2011) Modified on 10/4/2011 (bw, COURT STAFF). |
Filing 7 CLERKS NOTICE OF SETTING CASE MANAGEMENT CONFERENCE: Case Management Conference set for 10/21/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Joint Case Management Statement due by 10/14/2011. (jg, COURT STAFF) (Filed on 7/28/2011) |
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Filing 5 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge: 10/11/2011 Case Management Conference is hereby vacated. Clerk to reassign case. (ofr, COURT STAFF) (Filed on 7/26/2011) |
Filing 4 Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by Julian Serrato, Rogelio Serrato, Israel Serrato. (Altomare, Gina) (Filed on 7/26/2011) Modified on 7/26/2011 (bw, COURT STAFF). |
***Deadlines terminated. #5 TERMINATING 10/11/2011 CASE MANAGEMENT CONFERENCE. (ofr, COURT STAFF) (Filed on 7/26/2011) |
Filing 3 ADR SCHEDULING ORDER: Case Management Statement due by 10/4/2011. Case Management Conference set for 10/11/2011 02:00 PM in Courtroom 5, 4th Floor, San Jose. (bw, COURT STAFF) (Filed on 7/25/2011) (bw, COURT STAFF). |
Filing 2 Summons Issued as to Joseph Banuelos, Al Martinez, Scott Miller, Charles Monarque, Monterey County, Kevin Oakley, Randy Ragsac, Garrett Sanders, Mark Sievers. (bw, COURT STAFF) (Filed on 7/25/2011) (bw, COURT STAFF). |
Filing 1 COMPLAINT for Damages, Declaratory, and Injunctive Relief, (Summons Issued); jury demand; against Mark Sievers, Joseph Banuelos, Al Martinez, Scott Miller, Charles Monarque, Monterey County, Kevin Oakley, Randy Ragsac, Garrett Sanders ( Filing fee $ 350, receipt number 44611007336). Filed by Israel Serrato, Rogelio Serrato, Julian Serrato. (bw, COURT STAFF) (Filed on 7/25/2011) (Additional attachment(s) added on 7/26/2011: #1 Civil Cover Sheet) (bw, COURT STAFF). |
CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 7/25/2011) |
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