Abbe, et al v. San Diego City of
Plaintiff: Daniel K Shepherd, Eric C Davis, Jacob M Resch, Michelle R Velovich, Steve R Robinson, Carlos . Ronquillo, David M Headley, Steven Hutchinson, ., Seliza Prodigalidad, William J Carter, Joseph M Durand, Anthony M Pellegrino, John Cochran, Jr, Brian A Jackson, Derek D Diaz, George D Smith, John . Stadler, Roger E Hatch, Schuyler V Boyce, Brian J Freymueller, Wesley T Albers, Cynthia M Beilstein, Stephen Shebloski, Thomas W Joy, Donald A Albright, Edward G Erbe, Robert Mora, Daniel P Caropreso, Angela M Zdunich-Goldman, Richard G Krueger, Jr, Sue E Fasching, Christen M Cameron, Jerome R McManus, Jack R Pearson, Ruth S Cardona, Brian K Cornell, Johathan Lowe, James G Golembiewski, Stephen M Kingkade, Michael J Dean, Dominic L Valaile, Richard A Parrella, Brent E Cisneros, Thomas A Orden, Edmund J LaValle, II, Brian L Keaton, Lawrence E Wilson, Susan M de la Pena, Larry S Howell, Joseph . Smith, Rolanda M Ricardez, Heidi Hawley, Daniel R Vile, Anna M Knuth, Troy A Brown, Carlos D Lacarra, David E Spitzer, Philip T Jarvis, Robert M McQuien, Christopher D Everett, Jerry G Stratton, Jeffrey R Nichols, Troy P Owens, Sr, Alphonso Williams, Mark A Tallman, Mark J Bua, Richard D Ensign, Holly A Moore, Ralph A Cummings, David W Keesling, Colin R Forsey, Bertha MacTiernan, Marc E Jose, Gregory A Haisan, Phillip D Cady, Janet M Campbell, Phillip H Rice, IV, Ruben C Hernandez, Jeffrey Dunn, ., Donald R Cone, Hector E Fuentes, Richard Maler, David R Marshall, Lee A Orsino, Joshua P Burkhardt, Matthew T Zdunich, James F Smith, Michael Rubio, John W Austin, Colonel F Surratt, Howard C Williams, Jr, Robert C Fabregas, Corey B Jung, Timothy R Williams, Kevin B French, Daniel W Dierdorff, Jr, Richard A Butts, Scott S Wilkinson, Timothy A Burns, Shannah W Glazewski, Rebecca E Bigbie, Jeffrey T Napier, Cyndi L Stetson, Robert L Lewis, Donald J Dolezal, Jr, Cindy L Meyer, Frank A Canson, James F Tulumello, Robert C Lopez, Tony B Carter, Ross M Weaver, Jeanette L Cornell, Alvin Thach, Andrew J Spagnolo, Sabin M Abrams, Mark A Michel, David W Beathard, Brent L Williams, David H Jones, Robert W Metz, Daniel J Higdon, Donald C Williams, Richard E Davis, Edwin Valentin, Thomas J Carlyon, IV, Ameilia L Mitcalf, Daniel T Albright, Levi B Harbin, James M Bradley, E Michael Pidgeon, Kimber L Hammond, Monica Zepeda, John J Reif, Michael L Pridemore, Jade R Sawyer, Scott A Santagata, Janine N Johnson, Robert Lobato, Jeffrey D Swett, James R Livesey, David R Michalek, Natalie F Fortier, Nicholas R Minx, Jeffrey Salinas, Anthony J Spagnolo, Jason P Omundson, Lynn M Bixel, Daniel C Hattler, Thomas K O Connell, Jeffrey D Blackford, Dianna M Webb, Troy A Gibson, Raymond H Rowe, Jr, William F Becker, Michael A Clippinger, Phillip D Hubbs, Casey D Gini, Michael J Mendez, Tyrone H Crosby, Matthew P Hicks, Robert R McDonald, Jaime Limon, Cory S Mapston, Anne-Marie Hiskes, Thomas A Odaniell, John B Bailey, Jack D Schaeffer, Russell Smith, Robert M Baird, Jr, Kevin B Friedman, Oscar A Armenta, Meryl A Bernstein, Robert W Smith, Albert B Macawili, Sean J Waterman, Kevin M Ammon, Michael L Stacy, Paul B Marino, Ramona R Hastings, Jonathan D Wiese, Peter J Zajda, Danny Vega, James D English, Laura L McGowan-Minto, Victor S Colvin, Renee L Hill, Karen-Anne Tenney, James H Renwick, Travis W Anderson, Carlton R Hershman, Rudolph G Tai, Jr, Tracy D Braun, Jeffrey M Fellows, Thaddeus W Borkowski, Ronald G Hall, Cynthia M Morrison, Jennifer L Perea, Ernest J Pierce, Richard A Hinzo, Yesenia P Quintos, Clinton E Castle, Randy P Burgess, Denise F Dailey, Betty Bixby, Roberto A Casillas, Adrian Negron, Daniel M Billberry, Jimmy I Valle, Jose L Oliveras, Garry R Davis, Diana L Hodges, Paul N Keffer, Gary A Roesink, Bretton J Punches, Michael A Haley, Scott W Johnston, Gregory W Brown, Jr, Nori T Pappert, Hector S Carlos, Jorge R Leon, Robert D Minton, Melvin J Lofftus, Fernando . Ramirez, Thomas G Simonds, George Cesena, larry J Robertson, II, Howard A Labore, John L Call, Michael T Tansey, Steven G Hobbs, Gene C Loucks, Kerry A Mensior, Nancy Kulinski, Alejandrino C Santos, III, Sylvia A Vella, George A Youkhanna, Jerome O Joaquin, Daniel W Leach, Andrew E Spear, Robert H Nobbs, Thomas M Rhodes, William M Nemec, Nicholas I Kelbaugh, Gregory D Clark, Francisco J Torres, Edward A MacConaghy, Cody K Schaaf, Robert M Fowler, Phillip E Schneider, Mark A Marcos, John E Szakara, Michael L Kroesch, Paul D Conley, Gregory A Flood, James D Morrison, ., Harold J Oliver, Jr, James C Hunter, Barney C Olson, III, Daniel A Witt, Jerome Dawson, David K Gibson, Robert J Van Wulven, Arnolfo B Ambito, Robert D Wells, Francis M Cali, Gina M Spadacini, Paul J Connelly, Scott Y Greenwood, Junar Fernandez, Arthur L Calvert, Ralph H Mauzy, Antoine N El-Assis, Michael O Day, Scott J Armstrong, Paul D Hubka, Peter H Cruz, Jr, Aaron K Frodente, Carlos R Real, Robert Banuelos, Daniel L Shore, Constandinos A Delimitros, Christopher C Larson, James A Zirpolo, Kenneth E Impellizeri, Alejandro Diaz, Howard W Spetter, Steven F Higuera, Robert W Daun, Stephen G Margetts, James P Culligan, Robert Adauto, Jr, Suzanne Huntington, Gary W Hill, Curtis J Waldecker, Gerard M Waclawek, Gail A Pembleton, David G Abrams, Ronald R Garcia, Scott D Naliboff, Lance E Pound, Stephen E Webb, James R Ackley, Matthew J Johnson, Daniel D Toneck, William S Sweeney, Donald L Fasching, Robert W Snead, James A Brooks, Thomas E Abbott, Jr, Edward A DeVowe, Paul T Holman, Joycelyn S Thomas, David R Bautista, Dennis Savage, Darrell L Williams, Steve W Nakanishi, Scott A Morrison, Thomas G Seiver, Juan J Gomez, Fausto W Romero, Christian T Sharp, Melissa M Pavlenko, Stephen T Holliday, Duane A Voss, James C Clark, Terry L McClain, Carlton F Black, Karrie L Carlson, Douglas M Brown, Benjamin I McCurry, Roberto G Lemus, Merrit M Townsend, Eric P Seiter, Guy McElroy, Matthew J Henry, Alejandra D Jimenez, Robert C Burlison, Sylvester Wade, Jr, Donald J Borinski, Craig L Myrom, Terrance L Bryan, Dale Van Horn, Patrick J Cooley, Yezenia E Chavez, Kathleen F Healey, Richard J Carlson, Alan J Hayward, David F Douglas, David M Surwilo, Gary S Gonzales, Donna L Williams, Pepper L Kelly, Cheryl J Schlack, Jerry P Hara, Steve L McMillan, Victor J Tejeda, Brian S French, David J Winans, Karin D Wong, David L Soliven, Darrell D Kyler, Richard M O Hanlon, Marlon J Estepa, Ricardo Apodaca, Christopher M Brush, Henry L Lobel, Linda G Vasquez, Steven M Shaw, David A Moya, Anthony R Morasco, Linda E Garcia, Christine A Gregg, Patrick J McLarney, Peter A Amancio, Corinne Hard, William P Murphy, Diane Wendell, Misty R Cedrun, Sean H Murphy, Debra S Michalek, Jose V Laguda, John H Tate, Michael A Padgett, James D Baker, Jr, Javier Carranza, Gerry D Gapusan, Taerance Oh, James . Smith, Robert F Jackson, Cesar Castro, Robert D Connaughy, Thomas R Jones, Sarah A Johnson, Christopher P Bowers, Joy M Brugman, Murdock E Weltzien, Rodney L Vandiver, Lawrence A Hall, Gregory J Olson, Eric T Morales, Roger G Howes, Dean L Davison, John Letteri, Roy B Hulbert, David S Nisleit, Maura J Mekenas-Parga, Laurie Cairncross, Brian P Lucchesi, Shane A Lynn, Allen C McDonald, George E Garvey, Aleksei E Sviridov, Ruben C Martinez, ., Michael R Hastings, Raymond J Wetzel, James H Chiles, John W Davis, Charles De la Cruz, Julie R Mills, Lamont H Clark, William T Griffin, Robert W Adams, Scott E Jedlicka, Alan M Nicholas, Brian D Moore, Elizabeth R Holliday, Rodney C Johnson, Manuel Escalante, Thomas J Payne, Darrell L Loughrey, Paul W Schwenn, ., Jason P Zdunich, James A Kurupas, Albert M Massey, ., Mark S Annis, James K Heppell, Vanthoeun Pen, James T Collins, Jeffrey L Miller, Robert W Atwood, David P Dunhoff, Michael J Rabell, Eugene H Bojorquez, Wade High, Kevin C Duffy, David L Whitfield, Gary Avalos, III, Bob T Prutzman, Jeffrey S Martinez, Gerry M Kramer, Shelly K Olson, Gary V Rivers, Leslie A Albrecht, David J Hustad, Jose J Agruelles, Joseph T Waggaman, Marcus Ramsey, James W Jones, ., Ronald P Larmour, Teofilo Weston, John P Fune, Deborah A Clem, Esmeralda Tagaban, Sophia I Suarez, Carol V Council, Robert P Cruz, Anthony L Dupree and Regina Y Norton
Petitioner: Jackson, DeMarco, Tidus, Petersen & Peckenpaugh
Case Number: 3:2005cv01629
Filed: August 16, 2005
Court: US District Court for the Southern District of California
Office: San Diego Office
Presiding Judge: Ruben B Brooks
Referring Judge: Dana M Sabraw
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Denial of Overtime Compensation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 29, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2013 Opinion or Order Filing 963 ORDER Denying #956 Plaintiffs' Motion for Relief under Federal Rule of Civil Procedure 60(b). Signed by Judge Dana M. Sabraw on 10/29/2013. (All non-registered users served via U.S. Mail Service)(aef)(jrd)
October 24, 2013 Opinion or Order Filing 962 ORDER regarding oral argument. Plaintiff's motion #956 for relief is suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Signed by Judge Dana M. Sabraw on 10/24/2013. (All non-registered users served via U.S. Mail Service)(cap)
October 24, 2013 Filing 961 NOTICE of Change of Hearing: (Time Change Only) Motion Hearing set for 10/25/2013 is reset to 2:00 PM before Judge Dana M. Sabraw in Courtroom 13A. (no document attached) (jak)
October 18, 2013 Filing 960 REPLY to Response to Motion re #956 MOTION for Order for Relief Under Federal Rule of Civil Procedure 60(b) filed by Donald R Cone, Christine M Farmer, Kerry A Mensior, Angela M Zdunich-Goldman. (Attachments: #1 Declaration of Michael A. Conger, #2 Notice of Lodgment, #3 Proof of Service)(Conger, Michael) (aef).
October 15, 2013 Filing 959 OPPOSITION filed as - NOTICE by City of San Diego California re #956 MOTION for Order City of San Diego's Opposition to Motion for Relief Pursuant to Federal Rules of Civil Procedure 60(b)(5) & 60(b)(6) (Attachments: #1 Notice of Lodgment, #2 Request for Judicial Notice, #3 Declaration of Molly E. Hoot, #4 Proof of Service of Natasha McBride)(Hoot, Molly) Modified on 10/16/2013-to match document title (aef).
October 15, 2013 Filing 958 NOTICE of Appearance by Molly Elizabeth Hoot on behalf of City of San Diego California (Attachments: #1 Proof of Service Proof of Service)(Hoot, Molly) (aef).
October 11, 2013 Filing 957 RESPONSE re #956 MOTION for Order Opposition to Motion for Relief Pursuant to Federal Rules of Civil Procedure 60(b)(5) & 60(b)(6) filed by City of San Diego California. (Attachments: #1 Notice, #2 Request for Judicial Notice, #3 Declaration, #4 Affidavit, #5 Proof of Service)(Bamberg, Daniel) Modified on 10/15/2013-QC mailer sent re wrong s/; NOA must be filed on its own (aef).
August 21, 2013 Filing 956 MOTION for Order for Relief Under Federal Rule of Civil Procedure 60(b) by Donald R Cone, Christine M Farmer, Kerry A Mensior, Angela M Zdunich-Goldman. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael A. Conger, #3 Notice of Lodgment in Support of Motion, #4 Proof of Service)(jrl)
June 21, 2013 Opinion or Order Filing 955 ORDER Approving Substitution of Counsel. Pursuant to Civil Local Rule 83.3(g) (2), Plaintiffs requests for substitution of counsel (docket nos. 951-954) are approved. Signed by Judge Dana M. Sabraw on 6/21/2013. (All non-registered users served via U.S. Mail Service)(aef)(jrd)
June 17, 2013 Filing 954 MOTION to Substitute Attorney by Angela M Zdunich-Goldman. (Attachments: #1 Proof of Service)(Conger, Michael) (aef).
June 17, 2013 Filing 953 MOTION to Substitute Attorney by Kerry A Mensior. (Attachments: #1 Proof of Service)(Conger, Michael) (aef).
June 17, 2013 Filing 952 MOTION to Substitute Attorney by Christine M Farmer. (Attachments: #1 Proof of Service)(Conger, Michael) (aef).
June 17, 2013 Filing 951 MOTION to Substitute Attorney by Donald R Cone. (Attachments: #1 Proof of Service)(Conger, Michael) (aef).
November 26, 2012 Filing 950 Abstract of Judgment by City of San Diego California, entered against See Attachment "A" (Filing fee $46 - Receipt number 044978). (All non-registered users served via U.S. Mail Service)(aef)
November 26, 2012 Filing 949 PRAECIPE for Abstract of Judgment as to See Attachement "A", by City of San Diego California. (All non-registered users served via U.S. Mail Service)(aef)
October 19, 2011 Filing 948 MANDATE of USCA affirming in part and dismissing in part as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. (USCA Bill of Costs included.) (akr)
October 19, 2011 Filing 947 Minute Entry for proceedings held before Judge Dana M. Sabraw: Appeal Mandate not Hearing held on 10/19/2011. No appearances required. The Court orders the mandate of the USCA ordered filed. (jak)
October 18, 2011 Filing 946 NOTICE of Hearing: (Time Change). Appeal Mandate Hearing set for 10/19/2011 02:00 PM in Courtroom 10 before Judge Dana M. Sabraw. (jak)
October 3, 2011 Filing 945 NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 10/19/2011 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw. (jak)
August 29, 2011 Opinion or Order Filing 944 ORDER of USCA as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. The Petition for Rehearing En Banc is denied. (akr)
June 10, 2011 Opinion or Order Filing 943 ORDER of USCA as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. The Appellants' motion to continue oral argument is granted. This case shall be rescheduled for oral argument at a time to be determined by the USCA. (akr)
February 16, 2011 Opinion or Order Filing 942 ORDER of USCA as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. The appellants' unopposed motion for an additional extension of time in which to file the reply brief is granted. The reply brief is due February 28, 2011. (akr)
January 7, 2011 Opinion or Order Filing 941 ORDER of USCA as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. The appellee's motion for leave to file an oversized answering brief is granted. The USCA Clerk has filed the answering brief. The appellants' optional reply brief is due within 14 days after the date of this order. (akr)
September 24, 2010 Opinion or Order Filing 940 ORDER of USCA as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. Appellant's motion for leave to file an oversized opening brief of 18,610 words is granted. The USCA Clerk shall file the opening brief received September 10, 2010. Briefing schedule issued. (akr)
September 9, 2010 Opinion or Order Filing 939 ORDER of USCA as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. Appellants' amended motion for a second extension of time to file the opening brief is granted. Briefing schedule issued. (akr)
August 3, 2010 Opinion or Order Filing 938 ORDER of USCA as to #855 Notice of Appeal, #858 Notice of Appeal, #930 Notice of Appeal, #931 Notice of Appeal. The opposed motion of appellants Marcus Abbe, et al., (the "Abbe appellants") for an additional extension of time in which to file the opening brief is granted. Briefing schedule issued. The USCA Clerk shall amend court records to reflect the appearance of attorney Gregory G. Peterson, Esq., as counsel on behalf of appellant Marcus Abbe. Within 14 days after the date of this order, counsel Peterson shall file a detailed notice of appearance that specifically lists, in alphabetical order, all of the appellants he now represents. Within 14 days after the date of this order, attorney Gregory G. Peterson, Esq., shall file an application for admission to the Ninth Circuit bar or a written statement verifying that he has already been admitted to practice before the USCA. The USCA has received the response to the March 22, 2010 order filed by M. Alim Malik, Esq., and Jackson DeMarco Tidus & Peckenpaugh, A Law Corporation, former counsel for the appellants. The response satisfies the conditions set by the March 22, 2010 order; the USCA Clerk has removed the noted attorney and law firm from the USCA's service list for this case. (akr)
February 23, 2010 Filing 937 TRANSCRIPT REQUEST by Petersen Law Firm's Plaintiffs: No Transcripts Designated re #931 Notice of Appeal. (Petersen, Gregory). Modified on 2/24/2010 to change text to indicate the correct event and to relate filing to Notice of Appeal.(akr).
February 16, 2010 Filing 936 NOTICE by Marcus R Abbe Plaintiffs and Appellants' Notice Pursuant to 9th Cir. R. 10-3.1(c) re transcript designation for #930 Notice of Appeal. (Malik, M) (knh). Modified on 2/23/2010 to add text re transcript designation and to link to notice of appeal. (akr).
January 20, 2010 Filing 935 USCA Time Schedule Order as to #930 Notice of Appeal, filed by Thomas J Broxtermann, Michael S Shiraishi, Ronald P Larmour, Christopher M Sarot, Neal N Browder and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh. (NOTICE TO PARTIES of additional deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 2/16/2010 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 3/18/2010.) (cc: Court Reporter). (akr)
January 20, 2010 Filing 934 USCA Case Number 10-55089 for #930 Notice of Appeal, filed by Thomas J Broxtermann, Michael S Shiraishi, Ronald P Larmour, Christopher M Sarot, Neal N Browder and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh. (akr)
January 20, 2010 Filing 933 USCA Time Schedule Order as to #931 Notice of Appeal filed by Petersen Law Firm's Plaintiffs. (NOTICE TO PARTIES of additional deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 2/16/2010 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 3/18/2010.) (cc: Court Reporter). (akr)
January 20, 2010 Filing 932 USCA Case Number 10-55087 for #931 Notice of Appeal filed by Petersen Law Firm's Plaintiffs. (akr)
January 15, 2010 Filing 930 NOTICE OF APPEAL as to #928 Order denying Plaintiffs' Motion to Retax Costs, #869 Order Taxing Costs, by Neal N Browder, Thomas J Broxtermann, Ronald P Larmour, Christopher M Sarot, Michael S Shiraishi and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh. (Filing Fee: Paid, Receipt No. CAS009249). (Notice of Appeal electronically transmitted to US Court of Appeals). (akr)
January 14, 2010 Filing 931 NOTICE OF APPEAL as to #928 Order denying Plaintiffs' Motion to Retax Costs, by Petersen Law Firm's Plaintiffs. (Filing Fee: Paid, CAS009311). (Notice of Appeal electronically transmitted to US Court of Appeals). (akr)
January 14, 2010 Filing 929 E-FILED IN ERROR: NOTICE by Mark S Annis re #928 Order on Motion for Taxation of Costs, Petersen Law Firm's Plaintiffs' Notice of Appeal and Representation Statement (Petersen, Gregory). (Counsel's office notified that Notices of Appeal to be filed in paper with the Clerk's Office. Filing date of Notice of Appeal is 1/14/2010.) Modified on 1/14/2010 to note e-filed in error and related text. (akr).
December 16, 2009 Opinion or Order Filing 928 ORDER denying #870 Plaintiffs' Motion to Retax Costs. Transcript fees in the amount of $14,764.88 shall be added to the amount already assessed by the Clerk. Costs shall be taxed in the total amount of $208,402.71. Signed by Judge Dana M. Sabraw on 12/16/09. (lao) (jrl).
November 9, 2009 Opinion or Order Filing 927 ORDER Re: Oral Argument. Pending before the Court is Plaintiffs' motion to retax costs. The motion is currently scheduled for hearing on Friday, November 13, 2009. The matter is suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 11/9/09. (lao)(jrl).
November 9, 2009 Filing 926 NOTICE of USCA Receipt of Certificate of Record re #858 Notice of Appeal. (akr)
November 9, 2009 Filing 925 NOTICE of USCA Receipt of Certificate of Record re #855 Notice of Appeal. (akr)
November 9, 2009 Filing 924 NOTICE of Joinder by Marcus R Abbe re #921 Reply - Other, Jackson DeMarco Plaintiffs' Joinder in the Petersen Law Firm Plaintiffs' Reply to Defendant's Opposition to Motion to Retax Costs (Malik, M) (lao).
November 9, 2009 Filing 923 Certificate of Record transmitted to USCA re #858 Notice of Appeal filed by Petersen Law Firm's Plaintiffs. (USDC Clerk Note: Per Court Reporter and docket, there were no reported proceedings for the designated dates of 8/28/2008 and 2/14/2009. The designated proceedings described in document #880 as "Verdict & Status" for dates of 2/13/2009 & 2/14/2009 were held on 2/13/2009 & 2/17/2009.) (akr)
November 9, 2009 Filing 922 Certificate of Record transmitted to USCA re #855 Notice of Appeal, filed by Neal N Browder, Thomas J Broxtermann, Ronald P Larmour, Christopher M Sarot, Michael S Shiraishi and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh. (USDC Clerk Note: Per Court Reporter and docket, there were no reported proceedings for the designated dates of 9/15/2006 and 8/28/2008.) (akr)
November 6, 2009 Filing 921 REPLY - Other re #888 Response in Opposition to Motion, Plaintiffs Represented by the Petersen Law Firm's Reply to Defendant's Opposition to Motion to Retax Costs filed by Mark S Annis. (Petersen, Gregory) document not timely with hearing; contacted Attny re s/signature (lao).
November 3, 2009 Filing 920 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) for date of 9/29/2006 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/24/2009. Redacted Transcript Deadline set for 12/4/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 919 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Verdict, Status) for date of 2/13/2009 and 2/17/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 918 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Closing Argument, Morning Session) for date of 2/11/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 917 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Morning Session) for date of 2/10/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 916 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Morning Session) for date of 2/9/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 915 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) for date of 2/6/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 914 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Instruction Conference) for date of 2/5/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 913 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Instruction Conference/Rule 50 Discussion) for date of 2/4/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 912 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial) for date of 2/3/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 911 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Morning Session) for date of 2/2/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 910 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Thirteen, Vol. XIII-B) for date of 1/29/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 909 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Twelve, Vol. XII-B) for date of 1/28/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 908 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Eleven, Vol. XI-B) for date of 1/27/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 907 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Ten) for date of 1/26/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 906 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Nine, Volume IX-B) for date of 1/22/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 905 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status) for date of 1/21/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 904 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Eight, Volume VIII) for date of 1/20/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 903 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Seven, Volume VII-B) for date of 1/15/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 902 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Six, Volume VI-B) for date of 1/14/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 901 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Five, Volume V-B) for date of 1/13/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 900 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Four, Volume IV) for date of 1/12/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 899 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Three, Volume III) for date of 1/8/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 898 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial/Day Two, Volume II) for date of 1/7/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 897 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) for date of 1/6/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 896 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motions In Limine Hearing) for date of 12/19/2008 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 895 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Chambers Conference) for date of 11/13/2008 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 894 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Chambers Conference) for date of 11/4/2008 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 893 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Chambers Conference) for date of 10/22/2008 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 892 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) for date of 8/13/2008 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 891 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) for date of 7/11/2008 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 890 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) for date of 9/14/2007 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
November 2, 2009 Filing 889 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) for date of 5/4/2007 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/23/2009. Redacted Transcript Deadline set for 12/3/2009. Release of Transcript Restriction set for 2/1/2010. (akr)
October 30, 2009 Filing 888 RESPONSE in Opposition re #870 MOTION for Taxation of Costs filed by City of San Diego California. (Attachments: #1 Declaration of Aryn P. Thomas in Support of Opposition to Plaintiffs' Motion to Retax Costs, #2 Proof of Service)(Thomas, Aryn) (lao).
October 30, 2009 Filing 887 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 13, Volume XIII-A) for date of 1/29/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Jeannette Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (akr)
October 30, 2009 Filing 886 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 12, Volume XII-A) for date of 1/28/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Jeannette Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (akr)
October 30, 2009 Filing 885 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 11, Volume XI-A) for date of 1/27/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Jeannette Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (akr)
October 30, 2009 Filing 884 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 9, Volume IX-A) for date of 1/22/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Jeannette Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (akr)
October 30, 2009 Filing 883 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 7, Volume VII-A) for date of 1/15/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Jeannette Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (akr)
October 30, 2009 Filing 882 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 6, Volume VI-A) for date of 1/14/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Jeannette Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (akr)
October 30, 2009 Filing 881 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 5, Volume V-A) for date of 1/13/2009 before Judge Dana M. Sabraw, re #855 Notice of Appeal, #858 Notice of Appeal. Court Reporter/Transcriber: Jeannette Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/20/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/28/2010. (akr)
October 5, 2009 Filing 880 TRANSCRIPT REQUEST by Petersen Law Firm's Plaintiffs for proceedings held on 9/29/2006, 5/4/2007, 9/14/2007, 4/14/2008, 5/19/2008, 7/11/2008, 8/13/2008, 8/28/2008, 10/22/2008, 11/4/2008, 11/13/2008, 12/19/2008, 1/5/2009, 1/6/2009, 1/7/2009, 1/8/2009, 1/12/2009, 1/13/2009, 1/14/2009, 1/15/2009, 1/20/2009, 1/21/2009, 1/22/2009, 1/26/2009, 1/27/2009, 1/28/2009, 1/29/2009, 2/2/2009, 2/3/2009, 2/4/2009, 2/5/2009, 2/6/2009, 2/9/2009, 2/10/2009, 2/11/2009, 2/13/2009, 2/14/2009 re #858 Notice of Appeal. (Petersen, Gregory). Modified on 10/6/2009 to change text to indicate the correct event and to relate filing to Notice of Appeal. (akr). (lao).
October 5, 2009 Filing 879 RESPONSE re #878 Notice. Defendant/Appellee's Response to Plaintiffs/Appellants' Certificate Pursuant to Ninth Circuit Rule 10-3(f) Regarding Transcript Designation filed by City of San Diego California. (Attachments: #1 Proof of Service Response to PlaintiffsAppellants' Certificate Pursuant to Ninth Circuit Rule 10-3.1(f) Regarding Transcript Designation)(Smith, Colleen) (lao).
October 1, 2009 Filing 878 NOTICE of Plaintiffs and Appellants' Certificate pursuant to 9th Cir. R. 10-3.1(f) re #855 Notice of Appeal filed by Neal N Browder, Thomas J Broxtermann, Ronald P Larmour, Christopher M Sarot, Michael S Shiraishi and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh. (Malik, M). Modified on 10/2/2009 to relate to Notice of Appeal and to edit text. (akr). (lao).
October 1, 2009 Filing 877 TRANSCRIPT REQUEST by Neal N Browder, Thomas J Broxtermann, Ronald P Larmour, Christopher M Sarot, Michael S Shiraishi and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh for proceedings held on 9/15/2006, 9/29/2006, 5/4/2007, 9/14/2007, 7/11/2008, 8/13/2008, 8/28/2008, 10/22/2008, 11/4/2008, 11/13/2008, 12/19/2008, 1/5/2009, 1/6/2009, 1/7/2009, 1/8/2009, 1/12/2009, 1/13/2009, 1/14/2009, 1/15/2009, 1/20/2009, 1/21/2009, 1/22/2009, 1/26/2009, 1/27/2009, 1/28/2009, 1/29/2009, 2/2/2009, 2/3/2009, 2/4/2009, 2/5/2009, 2/6/2009, 2/9/2009, 2/10/2009, 2/11/2009, 2/13/2009, 2/17/2009 re #855 Notice of Appeal. (Malik, M). Modified on 10/2/2009 to change text to indicate the correct event and to relate filing to Notice of Appeal. (akr). (lao).
September 30, 2009 Filing 876 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial, Afternoon Session) held on 2/2/2009, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Gayle Wakefield. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/21/2009. Redacted Transcript Deadline set for 11/2/2009. Release of Transcript Restriction set for 12/29/2009. (akr)
September 30, 2009 Filing 875 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial, Afternoon Session) held on 2/11/2009, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Gayle Wakefield. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/21/2009. Redacted Transcript Deadline set for 11/2/2009. Release of Transcript Restriction set for 12/29/2009. (akr)
September 30, 2009 Filing 874 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial, Afternoon Session) held on 2/10/2009, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Gayle Wakefield. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/21/2009. Redacted Transcript Deadline set for 11/2/2009. Release of Transcript Restriction set for 12/29/2009. (akr)
September 30, 2009 Filing 873 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial, Afternoon Session) held on 2/9/2009, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Gayle Wakefield. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/21/2009. Redacted Transcript Deadline set for 11/2/2009. Release of Transcript Restriction set for 12/29/2009. (akr)
September 23, 2009 Filing 872 NOTICE of unavailability of Plaintiff's Counsel by Marcus R Abbe (Petersen, Gregory) contacted Attny re missing s/signature (lao).
September 22, 2009 Filing 871 NOTICE of Joinder by Jackson Demarco Plaintiffs' re #870 MOTION for Taxation of Costs (Malik, M) Modified text on 9/23/2009 to reflect filers (lao).
September 22, 2009 Filing 870 MOTION to Retax Costs by Marcus R Abbe. (Petersen, Gregory) Modified text on 9/23/2009 to reflect document type; contacted Attny re missing s/signature; no separately captioned memorandum of points and authorities (lao).
September 11, 2009 Filing 869 Costs Taxed in amount of $193,637.83 against plaintiffs (nsp)
September 9, 2009 Filing 868 NOTICE: The Bill of Costs hearing scheduled for September 10, 2009 at 10:00 am is rescheduled to the same date, September 10, 2009 at 2:30 pm. All parties requesting to appear telephonically for this hearing are directed to join on a conference call then contact N. Prewitt (619-557-6415) at the time of the hearing. (nsp)
September 9, 2009 Filing 867 Consolidated RESPONSE to Plaintiffs' Objections filed as REPLY - Other re #862 Reply - Other, #860 Objection to Bill of Costs, #853 Notice (Other), #861 Notice of Joinder Consolidated Response to Plaintiffs' Objections filed by City of San Diego California. (Attachments: #1 Declaration of Aryn Thomas and Exhibits, #2 Proof of Service)(Thomas, Aryn) Modified text on 9/10/2009 to reflect document type (lao).
September 9, 2009 Filing 866 USCA Time Schedule Order as to #858 Notice of Appeal. (USCA Case No. 09-56444. Copy to Court Reporters.) (akr)
September 9, 2009 Filing 865 USCA Case Number 09-56444 for #858 Notice of Appeal. (akr)
September 9, 2009 Filing 864 USCA Time Schedule Order as to #855 Notice of Appeal. (USCA Case No. 09-56437. Copy to Court Reporters.) (akr)
September 9, 2009 Filing 863 USCA Case Number 09-56437 for #855 Notice of Appeal. (akr)
September 8, 2009 Filing 862 RESPONSE in Opposition to Defendant's Application to the Clerk to Tax Costs filed as REPLY - Other re 854 Notice (Other), Notice (Other), Notice (Other) Plaintiffs Represented by the Petersen Law Firm's Opposition to Defendant's Application ot the Clerk to Tax Costs filed by Mark S Annis. (Petersen, Gregory) Modified text on 9/9/2009 to reflect document title (lao).
September 8, 2009 Filing 861 NOTICE of Joinder by Mark S Annis re #860 Objection to Bill of Costs (Petersen, Gregory) (lao).
September 8, 2009 Filing 860 Objection to the Amended Notice to the Clerk to tax costs filed as Objection to Bill of Costs re #840 Bill of Costs, #853 Notice (Other) filed by Neal N Browder. (Attachments: #1 Proof of Service Certificate of Service Re OBJECTION TO THE AMENDED NOTICE TO THE CLERK TO TAX COSTS)(Malik, M) Modified text on 9/9/2009 to reflect document title; contacted Attny re wrong s/signature on proof of service and capitalizing text (lao).
September 3, 2009 Filing 859 NOTICE of Errata by Mark S Annis re #858 Notice of Appeal, Notice of Errata to Petersen Law Firm's Plaintiffs' Notice of Appeal (Petersen, Gregory). Modified text on 9/4/2009 to reflect document type; amended pleading not complete in itself (lao). Modified on 9/4/2009 to note that copy of pleading mailed to USCA. (akr).
September 2, 2009 Filing 858 NOTICE OF APPEAL as to #852 Order, #851 Order, #833 Order, #832 Clerk's Judgment, #831 Order, #830 Order, #658 Order, 656 Minute Order, #491 Order, #477 Order, #362 Minute Order, #265 Order, #71 Order, by Petersen Law Firm's Plaintiffs. (Filing Fee: Paid, Receipt No. CAS004806). (Notice of Appeal electronically transmitted to US Court of Appeals.) (akr)
September 2, 2009 Filing 857 AMENDMENT to the NOTICE OF APPEAL, by Neal N Browder, Thomas J Broxtermann, Ronald P Larmour, Christopher M Sarot, Michael S Shiraishi and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh re #855 Notice of Appeal. (Attachments: #1 Notice of Errata Re: Amendment to the Notice of Appeal, e-filed at docket #856 .) (Electronically transmitted to US Court of Appeals. US Court of Appeals case number pending for Notice of Appeal, filed on 9/1/2009, at docket #855 .) (akr)
September 2, 2009 Filing 856 NOTICE of Errata Re: Amendment to the Notice of Appeal by Marcus R Abbe re #855 Notice of Appeal,, Notice of Errata re: Amendment to the Notice of Appeal (Malik, M) Modified text on 9/3/2009 to reflect document title; missing s/signature (lao).
September 1, 2009 Filing 855 NOTICE OF APPEAL as to #852 Order, #851 Order, #834 Clerk's Judgment, #833 Order, #832 Clerk's Judgment, #831 Order, #830 Order, #491 Order, #265 Order, by Neal N Browder, Thomas J Broxtermann, Ronald P Larmour, Christopher M Sarot, Michael S Shiraishi and all Plaintiffs represented by Jackson, DeMarco, Tidus & Peckenpaugh. (Filing Fee: Paid, Receipt No. CAS004774). (Notice of Appeal electronically transmitted to US Court of Appeals. Civil Appeals Docketing Statement t/w Certificate of Service transmitted to US Court of Appeals via U.S. mail.) (akr). Modified on 9/2/2009 to correct filing date. (akr).
August 26, 2009 Filing 854 NOTICE: A Notice of Application to Clerk to Tax the Costs of Defendant City of San Diego #853 was filed on August 21, 2009 scheduling the Bill of Costs hearing for September 10, 2009 at 10:00 am. The Bill of Costs is document #840. Any opposition or responsive pleading to this Bill of Costs is to be filed by close of business on September 8, 2009. All parties requesting to appear telephonically for this hearing are directed to join on a conference call then contact N. Prewitt (619-557-6415) at the time of the hearing.(nsp)
August 21, 2009 Filing 853 NOTICE of Application to Clerk to tax the costs of Defendant City if San Diego by City of San Diego California re #840 Bill of Costs, (Attachments: #1 Proof of Service)(Thomas, Aryn) Modified text on 8/24/2009 to reflect document title (lao).
August 4, 2009 Opinion or Order Filing 852 ORDER denying #835 , #836 Plaintiffs' Motions for a New Trial. Signed by Judge Dana M. Sabraw on 8/4/09. (lao) (jrl).
August 3, 2009 Opinion or Order Filing 851 ORDER denying Plaintiffs' renewed motions for Judgment as a matter of law re #835 , #837 . Signed by Judge Dana M. Sabraw on 8/3/09. (lao) (jrl).
July 28, 2009 Filing 849 NOTICE of Joinder by Mark S Annis re #848 Reply to Response to Motion, for Judgment Under FRCP Rule 50(b), or Alternatively, for a New Trial Under FRCP Rule 59(a) (Attachments: #1 Proof of Service)(Petersen, Gregory) document not timely with hearing (lao).
July 27, 2009 Opinion or Order Filing 850 ORDER re: Oral Argument #835 , #836 , #837 . The following are currently scheduled for hearing on Friday, July 31, 2008 at 1:30 pm: (1) JDTP Plaintiffs' motion for judgment as a matter of law under Fed. R. Civ. P. 50(b), or alternatively, for a new trial under Fed. R. Civ. P. 59(a); (2) PLF Plaintiffs' motion for new trial pursuant to Fed. R. Civ. P. 59; and (3) PLF Plaintiffs' motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b). The motions are suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 7/27/09. (lao) (jrl).
July 24, 2009 Filing 848 REPLY to Response to Motion re #835 MOTION for New Trial MOTION for Judgment as a Matter of Law or Alternatively For a New Trial Under FRCP Rule 59(a) filed by Marcus R Abbe. (Attachments: #1 Memo of Points and Authorities Jackson DeMarco Plaintiffs' Reply in Support of Motion For Judgment Under FRCP Rule 50(b), or Alternatively, For a New Trial Under FRCP Rule 59(a))(Malik, M) (lao).
July 20, 2009 Filing 847 NOTICE Regarding Exhibit Attachment by City of San Diego California re #846 Response in Opposition to Motion, (Attachments: #1 Declaration of C. Smith in support of Opposition to Plaintiffs' Motions for New Trial, #2 Proof of Service)(Smith, Colleen) supplemental documents require leave of Court (lao).
July 17, 2009 Filing 846 RESPONSE in Opposition re #836 MOTION for New Trial Pursuant to Federal Rules of Civil Procedure Rule 59, #835 MOTION for New Trial MOTION for Judgment as a Matter of Law filed by City of San Diego Califoria. (Attachments: #1 Declaration of C. Smith in support of Opposition to Plaintiffs' Motions for New Trial, #2 Proof of Service)(Smith, Colleen) (lao).
July 17, 2009 Filing 845 RESPONSE in Opposition re #837 MOTION for Judgment as a Matter of Law Pursuant to FRCP Rule 50(b) (Renewed) MOTION for Judgment as a Matter of Law Pursuant to FRCP Rule 50(b) (Renewed), #835 MOTION for New Trial MOTION for Judgment as a Matter of Law filed by City of San Diego Califoria. (Attachments: #1 Declaration of C. Smith in support of Opposition to Plaintiffs' Rule 50 Motions, #2 Proof of Service)(Smith, Colleen) (lao).
June 9, 2009 Opinion or Order Filing 844 ORDER granting #841 Motion to Continue Hearing date re #835 - #837 . (Oppositions due by 7/17/2009. Replies due by 7/24/2009. Motion Hearings set for 7/31/2009 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.) Signed by Judge Dana M. Sabraw on 6/9/09. (lao) (jrl).
June 9, 2009 Filing 843 CERTIFICATE OF SERVICE by City of San Diego Califoria re #841 Joint MOTION to Continue Post-Trial Hearings (Thomas, Aryn) (lao).
June 8, 2009 Filing 842 NOTICE: A Bill of Costs #840 was filed by defendant City of San Diego California scheduling a hearing for June 25, 2009 at 10:00 am. A Motion for New Trial and Judgment as a Matter of Law #835 are pending before District Judge Dana M. Sabraw. The Bill of Costs hearing date of June 25, 2009 at 10:00 am is vacated and the defendant City of San Diego California is directed to contact the clerk's office (619-557-6415) when Judge Sabraw has issued an Order on the pending motions to reschedule a Bill of Costs hearing. Plaintiffs will be noticed of the rescheduled date and be given a date when when any objections are due to the Bill of Costs. (nsp)
June 8, 2009 Filing 841 Joint MOTION to Continue Post-Trial Hearings by City of San Diego Califoria. (Thomas, Aryn) contacted Attny re proof of service (lao).
June 5, 2009 Filing 840 BILL OF COSTS submitted by Defendant City of San Diego Califoria in the amount of $ 210,091.80. (Attachments: #1 Notice of Application to Clerk to Tax Costs, #2 Declaration of A. Thomas in support of Application to Tax Costs, #3 Exhibit to A. Thomas Declaration (Vol. 1, Exhibits 1-4), #4 Exhibit to A. Thomas Declaration (Vol. 2, Exhibits 5-9), #5 Proof of Service)(Thomas, Aryn) missing time and date of hearing on Bill of Costs; contacted Attny re wrong Court title (lao).
June 2, 2009 Filing 839 NOTICE of Joinder by Marcus R Abbe re #836 MOTION for New Trial Pursuant to Federal Rules of Civil Procedure Rule 59 (Attachments: #1 Proof of Service)(Malik, M) (lao).
June 2, 2009 Filing 838 NOTICE of Joinder by Marcus R Abbe re #837 MOTION for Judgment as a Matter of Law Pursuant to FRCP Rule 50(b) (Renewed) MOTION for Judgment as a Matter of Law Pursuant to FRCP Rule 50(b) (Renewed) (Attachments: #1 Proof of Service)(Malik, M) (lao).
June 1, 2009 Filing 837 MOTION for Renewed Judgment as a Matter of Law Pursuant to FRCP Rule 50(b) by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory) document exceeds page limit; Contacted Attny re separately captioned memorandum of points and authorities (lao).
June 1, 2009 Filing 836 MOTION for New Trial Pursuant to Federal Rules of Civil Procedure Rule 59 by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory) contacted Attny re separately captioned memorandum of points and authorities (lao).
June 1, 2009 Filing 835 MOTION for New Trial, MOTION for Judgment as a Matter of Law by Marcus R Abbe. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of M. Alim Malik, #3 Exhibit 1 through 9 to Malik Declaration, #4 Exhibit 10 through 24 to Malik Declaration, #5 Notice of Lodging Trial Transcript Excerpts, #6 Exhibit to Notice of Lodging - Excerpts, #7 Proof of Service)(Malik, M) (lao).
May 26, 2009 Filing 834 CLERK'S JUDGMENT in favor of Defendant City of San Diego against all remaining Plaintiffs. IT IS SO ORDERED AND ADJUDGED that Defendant's Motion for Summary Judgment is Granted against all remaining Plaintiffs. (lao)
May 26, 2009 Opinion or Order Filing 833 ORDER granting #790 Defendant's Motion for Summary Judgment as to all remaining Plaintiffs. Signed by Judge Dana M. Sabraw on 5/26/09. (lao)
May 22, 2009 Filing 832 CLERK'S JUDGMENT in favor of City of San Diego against Christopher M Sarot, Joseph P Bane, Kevin B Friedman, Michael C McCollough, Michael S Shiraishi, Neal N Browder, Ronald P Larmour, Thomas J Broxtermann. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Defendant as to Plaintiffs McCollough, Bane, Friedman, Browder, Broxtermann, Larmour, Sarot, and Shiraishi. (lao)
May 21, 2009 Opinion or Order Filing 831 ORDER granting in part and denying in part #789 Defendants' Motion for entry of Judgment pursuant to Rule 54(b). Judgment shall be entered in favor of Defendant as to Plaintiffs McCollough, Bane Friedman, Browder, Broxtermann, Larmour, Sarot, and Shiraishi. Signed by Judge Dana M. Sabraw on 5/20/09. (lao)
May 21, 2009 Opinion or Order Filing 830 ORDER denying Plaintiffs' Motions for mistrial and judgment as a matter of law re #797 , #803 . Signed by Judge Dana M. Sabraw on 5/20/09. (lao)
May 13, 2009 Opinion or Order Filing 829 Notice of Document Discrepancy and Order Thereon by Judge Dana M. Sabraw Rejecting Document #827 : Request for Judicial Notice from Plaintiff Mark S Annis. Non-compliance with local rule(s), OTHER: Document previously stricken (docket entry #824 ); FRE 201 Request for Judicial Notice unrelated to any pending post-trial motion(s). IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties.(lao)
May 13, 2009 Filing 828 NOTICE of Joinder by Marcus R Abbe re #827 Notice (Other) in Request for Judicial Notice (Attachments: #1 Proof of Service)(Malik, M)(lao).
May 12, 2009 Filing 827 DOCUMENT STRICKEN per entry #829 - NOTICE by Mark S Annis Request for Judicial Notice (Attachments: # 1 Proof of Service)(Petersen, Gregory) (lao). Modified text on 5/13/2009 to reflect document stricken (lao).
May 8, 2009 Opinion or Order Filing 826 Notice of Document Discrepancy and Order Thereon by Judge Dana M. Sabraw Rejecting Document #824 : Request for Judicial Notice filed as Motion to Amend/Correct from Plaintiff Mark S Annis. Non-compliance with local rule(s), ECF 2(a),(g): Docket entry does not accurately reflect the document filed, Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely, Civ. L. Rule 7.1 or 47.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: FRE 201 Request for Judicial Notice unrelated to any pending motion(s). IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties.(lao)
May 8, 2009 Filing 825 NOTICE of Joinder by Marcus R Abbe re #824 MOTION to Amend/Correct Request for Judicial Notice (Attachments: #1 Proof of Service)(Malik, M) (lao).
May 8, 2009 Filing 824 DOCUMENT STRICKEN see entry #826 - MOTION to Amend/Correct Request for Judicial Notice by Mark S Annis. (Attachments: # 1 Proof of Service)(Petersen, Gregory) Modified text on 5/8/2009 to reflect document stricken (lao). (lao). (lao).
May 6, 2009 Filing 823 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #822 . (lao)
May 6, 2009 Filing 822 NOTICE of Lien by Robert Krause. (Attachments: #1 Proof of Service as to Gregory Peterson, #2 Proof of Service as to Peter Benzian)(lao)
April 23, 2009 Filing 821 CERTIFICATE OF SERVICE by Mark S Annis re #820 Reply, (Petersen, Gregory) (lao).
April 22, 2009 Filing 820 REPLY re #810 Response in Opposition to Motion for Judgment as a Matter of Law Pursuant to FRCP Rule 50(a)(1) (Corrected - missing page 1 on previous filing) filed by Mark S Annis. (Petersen, Gregory) document not timely with hearing; contacted Attny re no proof of service attached (lao).
April 22, 2009 Opinion or Order Filing 819 ORDER granting #814 Joint Motion for Dismissal of David Keesling. Plaintiff David W. Keesling is dismissed from matter w/o prejudice. Signed by Judge Dana M. Sabraw on 4/22/2009. (jah). Modified on 4/22/2009 - Corrected spelling (jah). (jrl).
April 22, 2009 Opinion or Order Filing 818 ORDER Re: Oral Argument. Court finds the following motions suitable for submission w/o oral argument pursuant to Civil Local Rule 7.1(d)(1): #790 MOTION for Summary Judgment Regarding Remaining Plaintiffs, #803 MOTION for Judgment as a Matter of Law, #789 MOTION for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b), #797 MOTION for Mistrial. No appearances required. Signed by Judge Dana M. Sabraw on 4/22/2009. (jah) (jrl).
April 21, 2009 Filing 817 REPLY re #811 Response in Opposition to Motion for Mistrial filed by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory) (mjj)
April 21, 2009 Filing 816 REPLY re #810 Response in Opposition to Motion for Judgment as a Matter of Law Pursuant to FRCP Rule 50(a)(1) filed by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory) (mjj)
April 21, 2009 Filing 815 REPLY re #809 Response in Opposition to Motion, #812 Response in Opposition to Motion, for Summary Judgment filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Pulos, Michael) (vet).
April 21, 2009 Filing 814 Joint Motion for Dismissal of David W. Keesling by David W Keesling (Attachments: #1 Exhibit 1 - Stipulation for Dismissal of David W. Keesling; [Proposed] Order, #2 Proof of Service)(Malik, M). Modified on 4/22/2009 - Wrong event. Changed to Motion. Order rec'd (jah).
April 15, 2009 Filing 813 NOTICE of Errata filed as MOTION to Amend/Correct #811 Response in Opposition to Motion for Mistrial (Notice of Errata, Ps&As, Benzian Decl. & Exhibits) by City of San Diego Califoria. (Mayer, Katherine) Termed Motion and Modified text on 4/16/2009 to reflect document type; amended pleading not complete in itself (lao).
April 14, 2009 Filing 812 RESPONSE in Opposition re #790 MOTION for Summary Judgment Regarding Remaining Plaintiffs filed by Mark S Annis. (Attachments: #1 Declaration of Fenja Klaus in Support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, #2 Exhibit "1" (Part 1 of 3) to Declaration of Fenja Klaus, #3 Exhibit "1" (Part 2 of 3) to Declaration of Fenja Klaus, #4 Exhibit "1" (Part 3 of 3) to Declaration of Fenja Klaus, #5 Exhibit "2" to Declaration of Fenja Klaus, #6 Proof of Service)(Petersen, Gregory) (lao).
April 14, 2009 Filing 811 RESPONSE in Opposition re #797 MOTION for Mistrial filed by City of San Diego Califoria. (Attachments: #1 Declaration of Peter H. Benzian and Exhibits, #2 Proof of Service)(Mayer, Katherine) (lao).
April 14, 2009 Filing 810 RESPONSE in Opposition re #803 MOTION for Judgment as a Matter of Law (Rule 50(a)) filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Thomas, Aryn) (lao).
April 14, 2009 Filing 809 RESPONSE in Opposition re #790 MOTION for Summary Judgment Regarding Remaining Plaintiffs filed by Marcus R Abbe. (Attachments: #1 Declaration of M. Alim Malik in Support of Jackson DeMarco Plaintiffs' Opposition to Defendant City of San Diego's Motion For Summary Judgment Regarding Remaining Plaintiffs, #2 Proof of Service Re Jackson DeMarco Plaintiffs' Opposition to Defendant City of San Diego's Motion For Summary Judgment Regarding Remaining Plaintiffs and Declaration of M. Alim Malik in Support)(Malik, M) (lao).
April 2, 2009 Filing 808 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Jury Trial/Day One) held on 1/5/2009, before Judge Dana M. Sabraw. Court Reporter/Transcriber: Lee Ann Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/23/2009. Redacted Transcript Deadline set for 5/4/2009. Release of Transcript Restriction set for 7/1/2009. (akr)
April 1, 2009 Opinion or Order Filing 807 ORDER Dismissing without prejudice Plaintiff Janis E Valencia re #805 . Signed by Judge Dana M. Sabraw on 4/1/09. (lao)(jrl).
April 1, 2009 Opinion or Order Filing 806 ORDER amending Scheduling Order re #801 , #802 . (Oppositions due 04/14/09. Replies due 04/21/09. Motion hearing set for 04/28/2009 1:30 PM before Judge Dana M Sabraw.) Signed by Judge Dana M. Sabraw on 4/1/09. (All non-registered users served via U.S. Mail Service).(lao) (jrl).
March 31, 2009 Filing 805 NOTICE by Janis E Valencia of Lodging Stipulation for Dismissal & Proposed Order (Attachments: #1 Exhibit 1 - Stipulation for Dismissal of Janis E. Valencia; [Proposed] Order, #2 Proof of Service)(Malik, M) (lao).
March 31, 2009 Filing 804 NOTICE of Joinder by Jackson Demarco Plaintiffs Marcus R Abbe, et al re #803 MOTION for Judgment as a Matter of Law Pursuant to FRCP 50(a)(1) (Attachments: #1 Proof of Service)(Malik, M) Modified text on 4/1/2009 to reflect filer (lao).
March 30, 2009 Filing 803 MOTION for Judgment as a Matter of Law by Mark S Annis. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Petersen, Gregory) no separately captioned memorandum of points and authorities; document exceeds page limit (lao).
March 30, 2009 Filing 802 Joint Motion to Continue Stipulation and [Proposed] Order Continuing Hearing Date filed as AMENDED DOCUMENT by Mark S Annis. Amendment to #801 MOTION to Continue Stipulation and [Proposed] Order Continuing Hearing Date (was missing page 2). (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 4/1/2009 to reflect document type; contacted Attny re proposed orders (lao).
March 30, 2009 Filing 801 DOCUMENT E-Filed in Error - Joint MOTION to Continue Stipulation and [Proposed] Order Continuing Hearing Date by Marcus R Abbe. (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 4/1/2009 to include joint; Modified text on 4/1/2009 to reflect error - document re-filed see #802 (lao).
March 24, 2009 Opinion or Order Filing 800 SCHEDULING ORDER for Parties' Motions re: Judgment re #789 - #790 , #797 . (Motion Hearings set for 4/21/2009 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.) Signed by Judge Dana M. Sabraw on 3/24/09. (lao) (jrl).
March 12, 2009 Filing 799 NOTICE of Joinder by Marcus R Abbe re #797 MOTION for Mistrial (Attachments: #1 Proof of Service)(Malik, M) (lao).
March 12, 2009 Filing 798 CERTIFICATE OF SERVICE by Mark S Annis re #797 MOTION for Mistrial (Petersen, Gregory) (lao).
March 11, 2009 Filing 797 MOTION for Mistrial by Mark S Annis. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Petersen, Gregory) contacted Attny re signature on proof of service (lao).
March 11, 2009 Filing 796 NOTICE by Marcus R Abbe of Change of Attorney Information (Attachments: #1 Proof of Service)(Malik, M) contacted Attny re re-filing document as Notice of Appearance (lao).
March 10, 2009 Filing 795 RESPONSE in Opposition re #789 MOTION for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b) filed by Mark S Annis. (Attachments: #1 Declaration of Fenja Klaus, #2 Declaration of Jeffrey Leonard, #3 Proof of Service)(Petersen, Gregory) no hearing date and time (lao).
March 10, 2009 Filing 794 RESPONSE in Opposition re #789 MOTION for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b) filed by Marcus R Abbe. (Attachments: #1 Exhibit 1-Proposed Judgment, #2 Proof of Service)(Malik, M) no hearing date and time (lao).
March 10, 2009 Filing 793 OPPOSITION to Supplemental Briefs filed as NOTICE by City of San Diego Califoria re #791 Notice (Other), Notice (Other), #792 Supplemental Document, Conslidated Opposition to Plaintiffs' Supplemental Briefs Regarding Jury Verdict and Proposed Judgment (Attachments: #1 Proof of Service)(Pulos, Michael) Modified text on 3/11/2009 to reflect document type (lao).
March 3, 2009 Filing 792 SUPPLEMENTAL DOCUMENT by Mark S Annis Petersen Law Firm Plaintiffs' Supplemental Briefing Re: Scope and Effect of Judgment, Pursuant to Federal Rules of Civil Procedure, Rules, 42, 46, 49, and 54. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
March 3, 2009 Filing 791 RESPONSE to Court Order filed as NOTICE by Marcus R Abbe re #788 Order, Response of the Jackson DeMarco Plaintiffs to Court Order Dated February 20, 2009 Regarding Jury Verdict, Proposed Judgments and Related Matters (Attachments: #1 Declaration of M. Alim Malik, #2 Exhibit 1-6 of Malik Declaration, #3 Exhibit 7-12 of Malik Declaration, #4 Exhibit 13 of Malik Declaration, #5 Proof of Service)(Malik, M) Modified text on 3/4/2009 to reflect document type (lao).
March 3, 2009 Filing 790 MOTION for Summary Judgment Regarding Remaining Plaintiffs by City of San Diego Califoria. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael P. Pulos & Exhibits, #3 Proof of Service)(Pulos, Michael) (lao).
March 3, 2009 Filing 789 MOTION for Entry of Judgment under Rule 54(b) by City of San Diego Califoria. (Attachments: #1 Proposed Judgment, #2 Proof of Service)(Pulos, Michael) no hearing date and time; missing separately captioned memorandum of points and authorities (lao).
February 20, 2009 Opinion or Order Filing 788 ORDER and Schedule for Supplemental Briefing Re: Entry of Judgment. The parties shall file their Supplemental Briefings on or before 03/03/09, and shall file any Opposition Brief on or before 03/10/09. No reply briefs will be accepted. Signed by Judge Dana M. Sabraw on 2/19/09. (All non-registered users served via U.S. Mail Service).(lao) (jrl).
February 17, 2009 Filing 779 TRIAL Court Exhibit List. (jak)
February 17, 2009 Filing 778 TRIAL Exhibit List by Defendant City of San Diego. (jak)
February 17, 2009 Filing 777 TRIAL Exhibit List by Plaintiffs. (jak)
February 17, 2009 Filing 776 TRIAL Witness List. (jak)
February 17, 2009 Filing 775 Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Hearing held on 2/17/2009. Parties agree to not bring jury back for further findings. Court clerk to contact jurors and inform them that they are discharged. Oral motion by Plaintiffs' counsel (Petersen) - preserved. Counsel to submit briefs and proposed judgments within 2 weeks. (Court Reporter LeeAnn Pence). (Plaintiff Attorney All telephonically: M Alim Malik, Christopher D Nissen, Gregory G Petersen, Juan Garcia). (Defendant Attorney Peter Benzian, Michael Pulos, Colleen Smith (telephonically). (jak)
February 17, 2009 Filing 773 NOTICE by Mark S Annis PLF Plaintiffs' Legal Position Regarding Further Jury Deliberations or Further Verdicts on the Special Verdict Form (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
February 13, 2009 Filing 787 Special Interrogatories and Verdict Form regarding Michael Shiraishi.(lao)
February 13, 2009 Filing 786 Special Interrogatories and Verdict Form regarding Christopher Sarot. (lao)
February 13, 2009 Filing 785 Special Interrogatories and Verdict Form regarding Michael McCollough. (lao)
February 13, 2009 Filing 784 Special Interrogatories and Verdict Form regarding Ronald Larmour. (lao)
February 13, 2009 Filing 783 Special Interrogatories and Verdict Form regarding Kevin Friedman. (lao)
February 13, 2009 Filing 782 Special Interrogatories and Verdict Form regarding Thomas Broxtermann. (lao)
February 13, 2009 Filing 781 Special Interrogatories and Verdict Form regarding Neal Browder. (lao)
February 13, 2009 Filing 780 Special Interrogatories and Verdict Form regarding Joseph Bane. (All non-registered users served via U.S. Mail Service).(lao)
February 13, 2009 Filing 774 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 20, continued deliberation) held on 2/13/2009. Jury Note, Court Exhibit 3, received. Jury subsequently informed the Court that they would like to withdraw their question. Jury returned at 1:00 PM. Verdict: for Defendant. Jury polled. Lunch provided to jurors at government expense. (Status Hearing set for 2/17/2009 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence).(Plaintiff Attorney Christopher D Nissen, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos).(jak)
February 12, 2009 Filing 772 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 19) held on 2/12/2009. Jury deliberation only. Lunch ordered at government expense. (Jury Trial continued to 2/13/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(jak)
February 11, 2009 Filing 771 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 18) held on 2/11/2009. Exhibits marked/received. Closing arguments. Bailiff sworn. Jury retired to deliberate at 5:15PM. Lunch ordered at government expense. (Jury Trial (deliberation) continued to 2/11/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence/Gayle Wakefield).(Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, M Alim Malik).(Defendant Attorney Peter H Benzian, Collen C Smith, Aryn P Thomas, Michael P Pulos).(jak)
February 11, 2009 Filing 770 MOTION for Judgment as a Matter of Law at the Close of Evidence pursuant to Rule 50(a)(1) by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) missing hearing date and time; no separately captioned memorandum of points and authorities (lao).
February 10, 2009 Filing 769 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 17) held on 2/10/2009. Swore witnesses. Exhibits marked/received. Parties rested. Court instructed the jurors. (Jury Trial continued to 2/11/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence, Gayle Wakefield).(Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
February 10, 2009 Filing 768 Final Jury Instructions signed by Judge Dana M. Sabraw on 02/09/09.(lao)
February 10, 2009 Filing 767 NOTICE by City of San Diego Califoria Proposed Revisions and Objections to Jury Instructions (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
February 9, 2009 Filing 766 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 16) held on 2/9/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 2/10/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence, Gayle Wakefield). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, M Alim Malik).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
February 9, 2009 Filing 765 CERTIFICATE OF SERVICE by Marcus R Abbe re #764 Notice (Other) (Colella, Steve) (lao).
February 8, 2009 Filing 764 NOTICE by Marcus R Abbe Proposed Special Interrogatories and Verdict Form Regarding Joseph Bane (Colella, Steve) contacted Attny re wrong s/signature; no proof of service attached (lao).
February 6, 2009 Filing 763 Final Jury Instructions signed by Judge Dana M. Sabraw on 02/06/09. (lao)
February 6, 2009 Filing 762 Minute Entry for proceedings held before Judge Dana M. Sabraw:Status Conference re jury instructions, special verdict form, electronic form, held on 2/6/2009. (Court Reporter LeeAnn Pence). (Plaintiff Attorney Gregory Peterson, telephonically; Fenja Klaus; Christopher D Nissen; Alim Malik telephonically; Juan Garcia telephonically).(Defendant Attorney Peter H Benzian, Colleen C smith, Aryn P Thomas, Michael P Pulos).(jak)
February 6, 2009 Filing 761 NOTICE by City of San Diego Califoria Proposed Special Interrogatories and Verdict Form Regarding Joseph Bane (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
February 6, 2009 Filing 760 OBJECTION by City of San Diego Califoria Objection to Plaintiffs' Proposed Rebuttal Witness. (Attachments: #1 Proof of Service)(Thomas, Aryn) contacted Attny re wrong case # on page 3 of certificate of service (lao).
February 6, 2009 Filing 759 SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Thomas, Aryn) Modified text on 2/9/2009 to reflect supplemenatl; supplemental documents require leave of Court; wrong case # on page 3 of certificate of service (lao).
February 6, 2009 Filing 758 SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS by Marcus R Abbe. (Colella, Steve) Modified text on 2/9/2009 to reflect supplemental; supplemental documents require leave of Court (lao).
February 5, 2009 Filing 757 OBJECTION by City of San Diego Califoria re #755 Proposed Jury Instructions, #754 Proposed Jury Instructions. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
February 5, 2009 Filing 756 Minute Order. for proceedings held before Judge Dana M. Sabraw: Status/Motion Hearing held on 2/5/2009. Granting in part and denying in part #736 Motion for Judgment as a Matter of Law. Further status conference set for 2/6/20009 at 1:30 PM. (Court Reporter LeeAnn Pence.) (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Mali, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
February 5, 2009 Filing 755 PROPOSED SUPPLEMENTAL JURY INSTRUCTIONS by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 2/6/2009 to reflect supplemental; supplemental documents require leave of Court (lao).
February 5, 2009 Filing 754 REVISED PROPOSED JURY INSTRUCTIONS submitted by the Court. (lao)
February 4, 2009 Filing 753 PROPOSED Modification of Court's JURY INSTRUCTION 5 by City of San Diego California. (Attachments: #1 Proof of Service)(Smith, Colleen) Modified text on 2/5/2009 to reflect document title; wrong case number on page 2 of proof of service (lao).
February 4, 2009 Filing 752 Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 2/4/2009 re jury instructions, Rule 50 motion, special verdict forms. Rule 50 tentative rulings: Granted re uniform maintenance and home-to-work travel re Sarot and Browder; Reserved re weapons proficiency training, Denied as to remainder. (Further Status Conference set for 2/5/2009 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.) (Court Reporter LeeAnn Pence). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
February 4, 2009 Filing 751 PROPOSED JURY INSTRUCTIONS submitted by the Court. (lao)
February 3, 2009 Filing 750 Minute Order. for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 15) held on 2/3/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 2/9/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw. Status Conference set for 2/4/2009 10:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) Plaintiffs' Motions #743 and #745 for visual inspection and/or court demonstration - Denied. (Court Reporter LeeAnn Pence). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher Nissen, M Alim Malik, Steve Colella, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
February 3, 2009 Filing 749 Motion Hearing Witness and Exhibit List. (jak)
February 3, 2009 Filing 748 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 2/3/2009. Witness C/S/T. Exhibits marked/received. #739 MOTION to Exclude Defendant's Expert, Cary Mack, from Testifying Regarding Damages filed by Marcus R Abbe - Denied. (Court Reporter Gayle Wakefield). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
February 2, 2009 Filing 747 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 14) held on 2/2/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 2/3/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) (Court Reporter LeeAnn Pence/ Gayle Wakefield). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
February 1, 2009 Filing 746 RESPONSE in Opposition re #743 MOTION to Permit Visual Inspection of Patrol Vehicle, or Alternatively, to Permit an In-Court Demonstration Regarding Traffic and/or SWAT Safety Gear, Equipment and Weaponry (Including the MCT ("Mobile Computer Terminal") Laptop Unit) MOTION to Permit Visual Inspection of Patrol Vehicle, or Alternatively, to Permit an In-Court Demonstration Regarding Traffic and/or SWAT Safety Gear, Equipment and Weaponry (Including the MCT ("Mobile Computer Terminal") Laptop Unit), #745 MOTION to permit visual inspection of patrol vehicle, or alternatively, to permit an in-court demonstration regarding patrol and/or SWAT safety gear, equipment and weaponry (and including the MCT ("Mobile Computer Terminal") Laptop Unit) MOTION to permit visual inspection of patrol vehicle, or alternatively, to permit an in-court demonstration regarding patrol and/or SWAT safety gear, equipment and weaponry (and including the MCT ("Mobile Computer Terminal") Laptop Unit) filed by City of San Diego Califoria. (Attachments: #1 Notice)(Thomas, Aryn) missing hearing date and time (lao).
February 1, 2009 Filing 745 MOTION to permit visual inspection of patrol vehicle, or alternatively, to permit an in-court demonstration regarding patrol and/or SWAT safety gear, equipment and weaponry (and including the MCT ("Mobile Computer Terminal") Laptop Unit) by Marcus R Abbe. (Nissen, Christopher) no hearing date and time; missing separately captioned memorandum of points and authorities (lao).
January 31, 2009 Filing 744 OBJECTION by City of San Diego Califoria re #742 Notice (Other) City's Objection to Plaintiffs' Supplemental Proposed Jury Instructions. (Attachments: #1 Proof of Service)(Thomas, Aryn) (lao).
January 31, 2009 Filing 743 MOTION to Permit Visual Inspection of Patrol Vehicle, or Alternatively, to Permit an In-Court Demonstration Regarding Traffic and/or SWAT Safety Gear, Equipment and Weaponry (Including the MCT ("Mobile Computer Terminal") Laptop Unit) by Marcus R Abbe. (Nissen, Christopher) missing hearing date and time; no separately captioned memorandum of points and authorities (lao).
January 30, 2009 Filing 742 NOTICE by Marcus R Abbe of Plaintiffs' Supplemental Proposed Jury Instructions (Nissen, Christopher) supplemental documents require leave of Court; no proof of service attached (lao).
January 29, 2009 Filing 741 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 13) held on 1/29/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 2/2/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) (Court Reporter Jeannette Hill/ LeeAnn Pence). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
January 29, 2009 Filing 740 MOTION in Limine to Exclude the Trial Testimony of Plaintiffs' Proposed Rebuttal Witness James Nicholson by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Thomas, Aryn) missing hearing date and time (lao).
January 28, 2009 Filing 739 MOTION (brief) to Exclude Defendant's Expert, Cary Mack, from Testifying Regarding Damages by Marcus R Abbe. (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 2/5/2009 to include brief (lao).
January 28, 2009 Filing 738 MOTION (brief) to Exclude Defendant's Expert, James Nunn, from Testifying by Marcus R Abbe. (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 2/5/2009 to include brief (lao).
January 28, 2009 Filing 737 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 12) held on 1/28/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/29/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) (Court Reporter Jeannette Hill/ LeeAnn Pence). (Plaintiff Attorney Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
January 27, 2009 Filing 736 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a)(1) by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) no notice of motion; no separately captioned memorandum of points and authorities; missing time of hearing; exceeds page limit (lao).
January 27, 2009 Filing 735 Motion Hearing Witness and Exhibit List. (jak)
January 27, 2009 Filing 734 Minute Entry for proceedings held before Judge Dana M. Sabraw: Evidentiary Motion Hearing held on 1/27/2009. Witness C/S/T. Exhibits marked/received. Plaintiff to file briefing by 1/30/09, Defense briefing due 1/31/09. (Court Reporter LeeAnn Pence). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, M Alim Malik).(Defendant Attorney Colleen C Smith, Peter H Benzian). (jak)
January 27, 2009 Filing 733 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 11) held on 1/27/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/28/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) (Court Reporter Jeannette Hill/ LeeAnn Pence). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, M Alim Malik, Steve Colella, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
January 26, 2009 Filing 732 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 10) held on 1/26/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/27/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, M Alim Malik, Steve Colella, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael Pulos). (jak)
January 26, 2009 Filing 731 MOTION in Limine to Limit Scope of Plaintiffs' Rebuttal Witness Testimony by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Thomas, Aryn) missing time of hearing (lao).
January 22, 2009 Filing 730 Minute Entry for proceedings held before Judge Dana M. Sabraw: Hearing Out of Jury Presence held on 1/22/2009 re destruction of records. Witness Ronald Villa C/S/T. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Gregory G Petersen, Fenja Klaus, M Alim Malik, Steve Colella, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
January 22, 2009 Filing 729 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 9) held on 1/22/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/26/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) (Court Reporter Jeannette Hill, LeeAnn Pence). (Plaintiff Attorney Gregory G Petersen, Fenja Klaus, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
January 21, 2009 Filing 728 Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Hearing held on 1/21/2009. Jury Trial for 1/22/09 confirmed. (Court Reporter LeeAnn Pence). (Plaintiff Attorney Alim Malik, Fenja Klaus).(Defendant Attorney Peter H Benzian, Colleen C Smith). (jak)
January 20, 2009 Filing 727 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 8) held on 1/20/2009. Swore witnesses. Exhibits marked/received. (Status Hearing set for 1/21/2009 09:30 AM in Courtroom 10 before Judge Dana M. Sabraw. Jury Trial continued to 1/22/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence).(Plaintiff Attorney Fenja Klaus, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorney Peter H Benzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos).(jak)
January 20, 2009 Filing 726 RESPONSE regarding Overtime Records document preservation issues filed as OBJECTION by City of San Diego Califoria Response Regarding Overtime Records Document Preservation Issues. (Attachments: #1 Declaration of Peter H. Benzian, #2 Declaration of Darlene Soda, #3 Proof of Service)(Thomas, Aryn) Modified text on 1/23/2009 to reflect document type (lao).
January 20, 2009 Filing 725 MOTION to Compel Production of Plaintiffs' Rebuttal Expert Report by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Thomas, Aryn) no hearing date and time; no memorandum of points and authorities (lao).
January 15, 2009 Filing 724 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 7) held on 1/15/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/20/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.) (Court Reporter LeeAnn Pence). (Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, M Alim Malik, Steve Colella, Juan Garcia).(Defendant Attorneys Peter H Penzian, Colleen C Smith, Aryn P Thomas, Michael P Pulos). (jak)
January 14, 2009 Filing 723 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 6) held on 1/14/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/15/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter Jeannette Hill/LeeAnn Pence). (Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorneys Peter H Benzian, Colleen C Smith, Michael P Pulos, Aryn P Thomas). (jak)
January 14, 2009 Filing 722 OBJECTION by City of San Diego Califoria To Plaintiffs' Notice of Intent to Present Department of Labor Power Point at Trial (Thomas, Aryn) (lao).
January 13, 2009 Filing 721 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 5) held on 1/13/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/14/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter Jeannette Hill, LeeAnn Pence). (Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorneys Peter H Benzian, Colleen C Smith, Michael P Pulos, Aryn P Thomas). (jak)
January 12, 2009 Filing 720 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 4) held on 1/12/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/13/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence). (Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorneys Peter H Benzian, Colleen C Smith, Michael P Pulos, Aryn P Thomas). (jak)
January 11, 2009 Filing 719 NOTICE by Marcus R Abbe Identification of Potential and Disputed Core Issues for Trial by Plaintiffs (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 11, 2009 Filing 718 OBJECTIONS filed as NOTICE by Marcus R Abbe re #717 Notice (Other) Plaintiffs' Objections to City of San Diego's Identification of Issues of Law that may be Resolved Prior to Close of Evidence (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 1/14/2009 to reflect document type (lao).
January 9, 2009 Filing 717 NOTICE by City of San Diego Califoria Identification of Issues of Law That May Be Resolved Prior to the Close of Evidence (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
January 8, 2009 Opinion or Order Filing 716 ORDER re Consent Granting Substitution of Attorney. Attorney Gregory G. Petersen added for William G Day. Signed by Magistrate Judge Ruben B. Brooks on 1/7/09. (lao)
January 8, 2009 Filing 715 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 3) held on 1/8/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/12/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence). (Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorneys Peter H Benzian, Colleen C Smith, Michael P Pulos, Aryn P Thomas). (jak)
January 8, 2009 Opinion or Order Filing 714 ORDER granting Substitutions of Attorney re #694 - #712 . Added attorney Gregory G. Petersen for Daniel K Wall, Jose J Agruelles, Yezenia E Chavez, Daniel J Higdon, Richard L Johnson, Jr, Kerry A Mensior, Brian D Moore, Henry L Castro, Sean R Conway, Garry R Davis, Diana L Hodges, Danielle J Jackson, Levi B Harbin, David Y Lamaku, Robert R Bigbee, Christopher M Poznanski, May B Quintanilla, Robert E Simpson, Karen-Anne Tenney and Alvin Thach. Signed by Magistrate Judge Ruben B. Brooks on 1/8/09. (All non-registered users served via U.S. Mail Service).(lao)
January 7, 2009 Filing 713 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 2) held on 1/7/2009. Swore witnesses. Exhibits marked/received. (Jury Trial continued to 1/8/2009 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw.)(Court Reporter LeeAnn Pence). (Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorneys Peter H Benzian, Colleen C Smith, Michael P Pulos, Aryn P Thomas). (jak)
January 7, 2009 Filing 712 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Levi B Harbin. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 711 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Robert R Bigbee. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 710 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by May B Quintanilla. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 709 MOTION to Substitute Attorney Substitution of Attorney by Henry L Castro. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 708 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Danielle J Jackson. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 707 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Diana L Hodges. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 706 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by David Y Lamaku. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 705 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Richard L Johnson, Jr. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 704 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Yezenia E Chavez. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 703 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Christopher M Poznanski. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 702 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Daniel K Wall. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 701 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Brian D Moore. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 700 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Sean R Conway. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 699 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Alvin Thach. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 698 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Robert E Simpson. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 697 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Jose J Agruelles. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 696 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Garry R Davis. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 695 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Daniel J Higdon. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 7, 2009 Filing 694 MOTION to Substitute Attorney Request for Approval of Substitution of Attorney by Kerry A Mensior. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 6, 2009 Filing 693 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 1/6/2009. Witnesses C/S/T. #585 MOTION in Limine No. 13 of 16 filed by City of San Diego to exclude MCT data - Denied in part/reserved in part. Plaintiff's objections to Defendants' slides to be used in opening - Granted in part/Denied in part. (Court Reporter LeeAnn Pence). (Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorneys Peter H Benzian, Colleen C Smith, Michael P Pulos, Aryn P Thomas). (jak)
January 5, 2009 Filing 692 Minute Entry for proceedings held before Judge Dana M. Sabraw: Jury Trial (Day 1) held on 1/5/2009. Jury impaneled. Plaintiffs' motion to substitute plaintiffs for trial - Denied. (Jury Trial continued to 1/7/2009 9:00 AM in Courtroom 10 before Judge Dana M. Sabraw. Motion Hearing set for 1/6/2009 9:00 AM.) (Court Reporter LeeAnn Pence).(Plaintiff Attorneys Gregory G Petersen, Fenja Klaus, Christopher D Nissen, Steve Colella, M Alim Malik, Juan Garcia).(Defendant Attorneys Peter H Benzian, Colleen C Smith, Michael P Pulos, Aryn P Thomas).(jak)
January 5, 2009 Filing 691 NOTICE by Mark S Annis [Proposed] Plaintiffs' Statement of the Case (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
January 5, 2009 Filing 690 Exhibit List Joint Exhibit List by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
January 5, 2009 Filing 689 Joint Witness List by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) Modified text on 1/12/2009 to reflect joint (lao).
January 5, 2009 Filing 688 OBJECTION by City of San Diego Califoria re #685 Notice (Other), Notice (Other), #680 Reply, #661 Notice (Other), #681 Notice (Other) Objection to Deposition Testimony and Rule 32 Designation. (Attachments: #1 Proof of Service)(Thomas, Aryn) (lao).
January 5, 2009 Filing 687 OBJECTION by City of San Diego Califoria re #684 Notice (Other), Notice (Other) Objection to Plaintiffs' Notice of Withdrawal and Substitution of Trial Plaintiffs. (Attachments: #1 Declaration of Peter H. Benzian, #2 Proof of Service)(Thomas, Aryn)
January 5, 2009 Filing 686 DECLARATION re #682 Objection of Aryn Thomas and Exhibits in Support of Objections to Plaintiffs' Proposed Exhibits 232-257 by Defendant City of San Diego Califoria. (Attachments: #1 Proof of Service)(Thomas, Aryn) no table of contents for exhibits (lao).
January 4, 2009 Filing 685 OPPOSITION to Objections filed as NOTICE by Marcus R Abbe re #680 Reply, #661 Notice (Other), #681 Notice (Other) Plaintiffs' Opposition to City of San Diego's Objections to Plaintiffs' Notice of Intent to Present Video Recorded Deposition Testimony (Nissen, Christopher) Modified text on 1/8/2009 to reflect document type (lao).
January 4, 2009 Filing 684 NOTICE by Marcus R Abbe Withdrawal of Angela Zdunich and Kerry Mensior as Plaintiffs for this Trial and Replacing them with James Zirpolo and Gilbert Ninness; Declaration of Gregory G. Petersen (Attachments: #1 Proof of Service)(Petersen, Gregory)(lao).
January 4, 2009 Filing 683 Opposition to Objections filed as REPLY re #682 Objection to Plaintiffs' Exhibits 232-257 filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 1/8/2009 to reflect document type (lao).
January 2, 2009 Filing 682 OBJECTION by City of San Diego Califoria Objections to Plaintiffs' Proposed Exhibits 232-257. (Attachments: #1 Proof of Service)(Thomas, Aryn) (lao).
December 31, 2008 Filing 681 AMENDED NOTICE by Marcus R Abbe re #661 Notice (Other) AMENDED Notice of Plaintiffs' Intent to Present Video Recorded Deposition Testimony During Opening Statement and at Trial (Malik, M) Modified text on 1/8/2009 to reflect Amended (lao).
December 31, 2008 Filing 680 OBJECTIONS filed as REPLY re #661 Notice (Other) City's Objections to Plaintiffs' Notice of Intent to Present Video Recorded Deposition Testimony During Opening Statement and at Trial filed by City of San Diego Califoria. (Attachments: #1 Declaration of Aryn Thomas, #2 Proof of Service)(Thomas, Aryn) Modified text on 1/8/2009 to reflect document type (lao).
December 31, 2008 Filing 679 REPLY re #659 Response in Opposition to Motion to Exclude Mobile Computer Terminal ("MCT") Data (MIL 13 of 16) filed by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen Smith and Exhibits, #2 Declaration of Alexander Vargo and Exhibits, #3 Proof of Service)(Smith, Colleen) supplemental documents require leave of Court (lao).
December 31, 2008 Opinion or Order Filing 678 ORDER Authorizing Use of Electronic, Video, or Audio Equipment in the Courtroom. Signed by Judge Dana M. Sabraw on 12/31/08. (pdc)
December 31, 2008 Opinion or Order Filing 677 ORDER Granting #675 Request Authorizing Use of Electronic, Video, or Audio Equipment in the Courtroom. Signed by Judge Dana M. Sabraw on 12/31/08. (pdc)
December 31, 2008 Filing 676 Proposed Voir Dire by Marcus R Abbe. (Nissen, Christopher) (lao).
December 31, 2008 Filing 675 MOTION for Approval of Computer equipment to be used at Trial filed as NOTICE by Marcus R Abbe Request by Plaintiffs for Approval of Computer Equipment to be used at Trial (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 1/8/2009 to reflect document type; wrong s/signature (lao).
December 30, 2008 Filing 674 NOTICE by Mark S Annis Plaintiffs' [Proposed] Special Verdict (Attachments: #1 Proof of Service)(Petersen, Gregory) (ag).
December 30, 2008 Filing 673 TRIAL BRIEF Corrected by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (ag).
December 30, 2008 Filing 672 MOTION to Substitute Attorney by Karen-Anne Tenney. (Attachments: #1 Proof of Service)(Petersen, Gregory) (ag).
December 30, 2008 Filing 671 Proposed Voir Dire by Marcus R Abbe. (Nissen, Christopher) (tkl).
December 30, 2008 Filing 670 NOTICE of Joinder by Marcus R Abbe Notice of Joinder of Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh In Proposed Special Verdict Form Submitted by Petersen Law Firm (Nissen, Christopher) (tkl).
December 30, 2008 Filing 669 Proposed Voir Dire by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory)(tkl).
December 29, 2008 Filing 668 TRIAL BRIEF by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (jpp).
December 29, 2008 Filing 667 Proposed Voir Dire by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) Modified on 12/30/2008, atty contacted via email re: s/ (leh).
December 29, 2008 Filing 666 PROPOSED JURY INSTRUCTIONS by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (pdc).
December 29, 2008 Filing 665 TRIAL BRIEF (Corrected) Trial Brief by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory) (mkz).
December 29, 2008 Filing 664 TRIAL BRIEF by Mark S Annis. (Attachments: #1 Proof of Service)(Petersen, Gregory) (ag).
December 29, 2008 Filing 663 MOTION to Quash Plaintiffs' Ex Parte Application to Quash Defendant City of San Diego's Collective Offer of Judgment Pursuant to Rule 68 by Mark S Annis. (Attachments: #1 Exhibit "1" to Plaintiffs' Ex Parte Application to Quash Defendant City of San Diego's Collective Offer of Judgment Pursuant to Rule 68, #2 Declaration of Kim T. Nguyen in Support of Plaintiffs' Ex Parte Application to Quash Defendant City of San Diego's Collective Offer of Judgment Pursuant to Rule 68, #3 Proof of Service)(Petersen, Gregory)(asw).
December 29, 2008 Filing 662 NOTICE of Joinder by Marcus R Abbe Notice of Joinder of Plaintiffs in Trial Brief Filed By Petersen Law Firm (Nissen, Christopher) (tkl).
December 29, 2008 Filing 661 NOTICE by Marcus R Abbe Notice of Plaintiffs' Intent to Present Video Recorded Deposition Testimony During Opening Statement And At Trial (Nissen, Christopher) (tkl).
December 29, 2008 Filing 660 CERTIFICATE OF SERVICE by Marcus R Abbe re #659 Response in Opposition to Motion (City's Motion in Limine No. 13 of 16) (Nissen, Christopher) (mdc)
December 29, 2008 Filing 659 RESPONSE in Opposition re #585 MOTION in Limine No. 13 of 16 (supplemental) filed by Marcus R Abbe. (Nissen, Christopher) (mdc)
December 23, 2008 Opinion or Order Filing 658 ORDER re: Defendant's Motions in Limine #574 , #585 . On 12/19/08, the Court reserved ruling on Defendant's #574 motion in limine No. 2 regarding donning and doffing of Plaintiffs' uniforms and equipment. The Court agrees with Defendant. The motion is granted without prejudice. On 12/19/08, the Court ordered supplemental briefing on issues relating to #585 Defendant's motion in limine No.13. Plaintiffs will file supplemental briefing no later than 12 PM on 12/29/08, and Defendant will file an opposition no later than 4:30 PM, 12/31/08. To expedite the Court's review of this material, Defendant shall lodge with the Court the Mobile Computer Terminal (MCT) Data, as proposed during oral argument, by no later than 12 PM on 12/29/08. Signed by Judge Dana M. Sabraw on 12/23/08. (All non-registered users served via U.S. Mail Service).(lao)
December 19, 2008 Filing 657 Minute Entry for proceedings held before Judge Dana M. Sabraw: Pretrial Conference held on 12/19/2008. (Court Reporter LeeAnn Pence). (Plaintiff Attorney M. Alim Malik, Christopher D Nissen, Steve Colella,, Gregory G Peterson, Juan Garcia, Fenja Klause).(Defendant Attorney George F Schaefer, Colleen Carlton Smith, Peter Benzian, Ayrn Thomas, Michael Pulous). (jak)
December 19, 2008 Filing 656 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion In Limine Hearing held on 12/19/2008. By Plaintiffs:(560) Mot in Lim No. 1 to preclude all references to and evidence in support of disputes re plaintiffs representation - Granted without prejudice; (561) Mot in Lim No. 2 to preclude all references to and evidence in support of extra-judicial statements made by non-parties - Granted in part/Reserved in part; (562) Mot in Lim No. 3 to preclude all references to any court orders re exclusion of some plaintiffs - Granted in part/Denied in part/Reserved in part; (563) Mot in Lim No. 4 to exclude expert testimony and report of James E Nunn - Denied; (564) Mot in Lim No. 5 to exclude expert testimony and joint report of Citys experts Cary Mack and Patrick Kennedy - Denied; (565) Mot in Lim No. 6 to preclude all references to Citys current budget deficit, intention to seek bankruptcy protection and/or - Granted in part/Reserved in part; (566) Mot in Lim No. 7 re Citys person most knowledgeable designees and excluding previously undisclosed witnesses - Reserved; (567) Mot in Lim No. 8 to exclude testimony and declaration of Kelli Moro - Granted in part/Denied in part; (568) Mot in Lim to preclude referneces to and evidence in support of the City of SDs 1st affirmative defense of E - Denied; (569) Mot in Lim to preclude all references to and evidence in support of dft City of SDs good faith, wilfulness and statute of limitations affirmative defenses - Denied; (590) Mot in Lim No. 13 to exclude evidence of 207(k) offsets pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure - Denied; (592) Mot in Lim No. 12 to exclude evidence of holiday offsets pursuant to Rules 26(a) and 37 of FRCP - Denied; (593) In Lim Mot to amend/correct (592) - Granted; (595) Mot in Lim No. 14 to exclude evidence of court pay offsets pursuant to Rules 26(a) and 37 of FRCP - Denied. By Defendant City of San Diego: (571) Mot In Lim No. 1 to prohibit Plaintiffs from appearing in court on-duty and/or in uniform.- Granted; (573) Mot in Lim No. 1 to exclude ref re defense witnesses testifying while on duty - Granted; (574) Mot in Lim No. 2 to exclude evidence of issues and claims not listed in plaintiffs 6th amended complaint - Granted in part/Denied in part/Reserved in part; (575) Mot in Lim No. 3 to exclude evid of alleged violations that occurred prior to 8/16/02 - Granted without prejudice; (576) Mot in Lim No. 4 to excl expert testimony and expert report by plaintiffs expert Oliver Lee Drummond - Granted in part/Denied in part; (577) Mot in Lim No. 5 to exclude testimony of non-designated experts, including plaintiffs - Denied; (578) Mot in Lim No. 6 to exclude evidence of damages not voluntarily disclosed pursuant to Rule 26 - Denied; (579) Mot in Lim No. 7 to exclude claims and evidence of plaintiffs who failed to respond to interrogatories - Denied without prejudice; (580) Mot in Lim No. 8 to exclude evid re plaintiffs claim for late payment of overtime - Reserved; (581) Mot in Lim No. 9 to exclude evid of claims for missed Code 7s; claims for travel time, claims for time spent maintaining or replacing uniforms and equipment - Denied in part/ Reserved in part; (582) Mot in Lim No. 10 to exclude witness testimony re 3rd party knowledge under FRE 602 & 701 - Reserved; (583) Mot in Lim No. 11 to exclude witness testimony re common knowledge - Granted; (584) Mot in Lim No. 12 to exclude from trial plaintiffs whose claims do not exceed the 207(k) threshold - Denied; (585) Mot in Lim No. 13 to exclude Mobile Computer Terminal (MCT) data - Reserved (further briefing required); (586) Mot in Lim No. 14 to exclude non-testifying witnesses (including non-trial plaintiffs) from courtroom - Granted in part/Denied in part; (587) Mot in Lim No. 15 to exclude evidence of subsequent remedial measures - Reserved; (588) Mot in Lim No. 16 to exclude Angela Zdunich as trial plaintiff - Denied without prejudice. (Court Reporter LeeAnn Pence).(Plaintiff Attorney M. Alim Malik, Christopher D Nissen, Steve Colella,, Gregory G Peterson, Juan Garcia, Fenja Klause).(Defendant Attorney George F Schaefer, Colleen Carlton Smith, Peter Benzian, Ayrn Thomas, Michael Pulous).(jak)
December 19, 2008 Filing 655 DOCUMENT E-Filed in Error - NOTICE by Mark S Annis Notice of Appearance of Fenja Klaus on Behalf of The Petersen Law Firm (Attachments: #1 Proof of Service)(Petersen, Gregory) Contacted Attny re re-filing Notice of Appearance of Fenja Klaus (lao).
December 19, 2008 Filing 654 DOCUMENT E-Filed in Error - NOTICE by Mark S Annis Notice of Appearance of Juan D. Garcia on Behalf of The Petersen Law Firm (Attachments: #1 Proof of Service)(Petersen, Gregory) Contacted Attny re re-filing Notice of Appearance of Juan D Garcia (lao).
December 19, 2008 Filing 653 DOCUMENT E-Filed in Error - NOTICE of Appearance by Gregory Glenn Petersen on behalf of Mark S Annis (Attachments: #1 Proof of Service)(Petersen, Gregory) Contacted Attny re re-filing Notice of Appearance of Juan D Garcia (lao).
December 17, 2008 Filing 652 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #651 . (lao)
December 17, 2008 Filing 651 OBJECTIONS to Defendant City of San Diego's Exhibits and Witnesses for Trial by Plaintiffs' Marcus R Abbe, et al and Brett Burkett, et al. (Attachments: #1 Proof of Service)(lao)
December 16, 2008 Filing 650 CERTIFICATE OF SERVICE by Marcus R Abbe re #649 Supplemental Document in Response in Opposition to Motion in Limine No. 16 of 16 (Petersen, Gregory) document should be attachment; Contacted Attny re signature (lao).
December 16, 2008 Filing 649 SUPPLEMENTAL DOCUMENT by Marcus R Abbe re #588 MOTION in Limine No. 16 of 16, #645 Response in Opposition to Motion. (Attachments: #1 Declaration Juan Garcia)(Petersen, Gregory) document requires leave of court; proof of service not attached (lao).
December 12, 2008 Filing 648 CERTIFICATE OF SERVICE by Marcus R Abbe re #647 Response in Opposition to Motion in Limine No. 4 of 16 (Petersen, Gregory) document should have been attachment; wrong s/signature (lao).
December 12, 2008 Filing 647 RESPONSE in Opposition re #576 MOTION in Limine No. 4 of 16 filed by Marcus R Abbe. (Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 646 CERTIFICATE OF SERVICE by Marcus R Abbe re #645 Response in Opposition to Motion in Limine No. 16 of 16 (Petersen, Gregory) document should have been attachment; wrong s/signature (lao).
December 12, 2008 Filing 645 RESPONSE in Opposition re #588 MOTION in Limine No. 16 of 16 filed by Marcus R Abbe. (Attachments: #1 Declaration Juan D. Garcia)(Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 644 CERTIFICATE OF SERVICE by Marcus R Abbe re #643 Response in Opposition to Motion in Limine No. 12 of 16 (Petersen, Gregory) document should be attachment; wrong s/signature (lao).
December 12, 2008 Filing 643 RESPONSE in Opposition re #584 MOTION in Limine No. 12 of 16 filed by Marcus R Abbe. (Attachments: #1 Declaration Juan D. Garcia)(Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 642 CERTIFICATE OF SERVICE by Marcus R Abbe re #641 Response in Opposition to Motion in Limine No. 9 of 16 (Petersen, Gregory) document should be attachment; wrong s/signature (lao).
December 12, 2008 Filing 641 RESPONSE in Opposition re #581 MOTION in Limine No. 9 of 16 filed by Marcus R Abbe. (Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 640 CERTIFICATE OF SERVICE by Marcus R Abbe re #639 Response in Opposition to Motion in Limine No. 8 of 16 (Petersen, Gregory) document should be attachment; wrong s/signature (lao).
December 12, 2008 Filing 639 RESPONSE in Opposition re #580 MOTION in Limine No. 8 of 16 filed by Marcus R Abbe. (Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 638 CERTIFICATE OF SERVICE by Marcus R Abbe re #637 Response in Opposition to Motion in Limine No. 2 of 16 (Petersen, Gregory) contacted Attny re signature (lao).
December 12, 2008 Filing 637 RESPONSE in Opposition re #574 MOTION in Limine No. 2 of 16 filed by Marcus R Abbe. (Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 636 CERTIFICATE OF SERVICE by City of San Diego Califoria re #631 Response in Opposition to Motion, #633 Objection,,,,,,,,, #635 Declaration, #629 Response in Opposition to Motion, #620 Response in Opposition to Motion, #626 Response in Opposition to Motion,, #621 Response in Opposition to Motion,, #616 Response in Opposition to Motion,, #630 Response in Opposition to Motion,,,,,, #619 Response in Opposition to Motion,, #617 Response in Opposition to Motion,, #623 Response in Opposition to Motion,, #632 Response in Opposition to Motion,,, #634 Declaration, #628 Response in Opposition to Motion,, #625 Response in Opposition to Motion,, (Smith, Colleen) (lao).
December 12, 2008 Filing 635 DECLARATION re #633 Objection,,,,,,,,, #620 Response in Opposition to Motion, #621 Response in Opposition to Motion,, #630 Response in Opposition to Motion,,,,,, #632 Response in Opposition to Motion,,, #625 Response in Opposition to Motion,, of Aryn Thomas and Exhibits by Defendant City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 634 DECLARATION re #621 Response in Opposition to Motion,, #630 Response in Opposition to Motion,,,,,, #632 Response in Opposition to Motion,,, of Colleen Smith and Exhibits by Defendant City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Contacted Attny re s/signature (lao).
December 12, 2008 Filing 633 OBJECTION by City of San Diego Califoria re #595 MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia, #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson in Support Thereof MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson in Support Thereof, #593 MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i Objection to Nicholson Declaration. (Smith, Colleen) (lao).
December 12, 2008 Filing 632 RESPONSE in Opposition re #595 MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia filed by City of San Diego Califoria. (Smith, Colleen) (lao).
December 12, 2008 Filing 631 RESPONSE in Opposition re #590 MOTION in Limine No. 13 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of 207(k) Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure MOTION in Limine No. 13 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of 207(k) Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 630 RESPONSE in Opposition re #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson in Support Thereof MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson in Support Thereof, #593 MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 629 RESPONSE in Opposition re #569 MOTION in Limine To Preclude All References To and Evidence In Support of Defendant City of San Diego's Good Faith, Wilfulness And Statute Of Limitations Affirmative Defenses filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 628 RESPONSE in Opposition re #568 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 9] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude References to and Evidence in Support of the City of San Diego's First Affirmative Defense of EIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 9] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude References to and Evidence in Support of the City of San Diego's First Affirmative Defense of E filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 627 CERTIFICATE OF SERVICE by Marcus R Abbe re #624 Response in Opposition to Motion in Limine No. 1 of 16 (Petersen, Gregory) (lao). Contacted Attny re signature
December 12, 2008 Filing 626 RESPONSE in Opposition re #567 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 8] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Testimony of Kelli Moro and the Declaration of Kelli MoroIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 8] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Testimony of Kelli Moro and the Declaration of Kelli Moro filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 625 RESPONSE in Opposition re #566 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 7] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh Regarding City's Person Most Knowledgeable Designees and Excluding Previously Undisclosed Witnesses or WitnIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 7] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh Regarding City's Person Most Knowledgeable Designees and Excluding Previously Undisclosed Witnesses or Witn filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 624 RESPONSE in Opposition re #573 MOTION in Limine No. 1 of 16 filed by Marcus R Abbe. (Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 623 RESPONSE in Opposition re #565 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 6] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to City's Current Budget Deficit, Intention to Seek Bankruptcy Protection and/orIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 6] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to City's Current Budget Deficit, Intention to Seek Bankruptcy Protection and/or filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 622 CERTIFICATE OF SERVICE by Marcus R Abbe re #607 Response in Opposition to Motion, #610 Notice of Joinder, #606 Response in Opposition to Motion, #600 Response in Opposition to Motion, #603 Response in Opposition to Motion, #613 Response in Opposition to Motion, #611 Notice of Joinder, #614 Response in Opposition to Motion, #605 Response in Opposition to Motion, #612 Notice of Joinder, #599 Response in Opposition to Motion, #604 Non Opposition to Motion, #609 Notice of Joinder, #602 Response in Opposition to Motion, #601 Response in Opposition to Motion, #608 Notice of Joinder (Malik, M) (lao).
December 12, 2008 Filing 621 RESPONSE in Opposition re #564 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 5] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Joint Report of City's Experts Cary Mack and Patrick KennedyIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 5] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Joint Report of City's Experts Cary Mack and Patrick Kennedy filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 620 RESPONSE in Opposition re #563 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 4] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Report of James E. NunnIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 4] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Report of James E. Nunn filed by City of San Diego Califoria. (Smith, Colleen) no proof of service not attached (lao).
December 12, 2008 Filing 619 RESPONSE in Opposition re #562 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 3] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to any Court Orders Regarding the Exclusion of Some Plaintiffs in This LawsuitIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 3] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to any Court Orders Regarding the Exclusion of Some Plaintiffs in This Lawsuit filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 618 CERTIFICATE OF SERVICE by Marcus R Abbe re #615 Response in Opposition to Motion in Limine No. 3 of 16 (Petersen, Gregory) (lao).
December 12, 2008 Filing 617 RESPONSE in Opposition re #561 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 2] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Extra-Judicial Statements Made by Non-Parties to This AIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 2] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Extra-Judicial Statements Made by Non-Parties to This A filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 616 RESPONSE in Opposition re #560 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 1] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Disputes Regarding Plaintiffs' RepresentationIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 1] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Disputes Regarding Plaintiffs' Representation filed by City of San Diego Califoria. (Smith, Colleen) proof of service not attached (lao).
December 12, 2008 Filing 615 RESPONSE in Opposition re #575 MOTION in Limine No. 3 of 16 filed by Marcus R Abbe. (Petersen, Gregory) proof of service not attached (lao).
December 12, 2008 Filing 614 RESPONSE in Opposition re #585 MOTION in Limine No. 13 of 16 filed by Marcus R Abbe. (Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 613 RESPONSE in Opposition re #586 MOTION in Limine No. 14 of 16 filed by Marcus R Abbe. (Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 612 NOTICE of Joinder by Marcus R Abbe re #581 MOTION in Limine No. 9 of 16, #1 Complaint (Malik, M) proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 611 NOTICE of Joinder by Marcus R Abbe re #580 MOTION in Limine No. 8 of 16 (Malik, M) proof of service not attached; wrong Attny s/signature(lao).
December 12, 2008 Filing 610 NOTICE of Joinder by Marcus R Abbe re #576 MOTION in Limine No. 4 of 16 (Malik, M) proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 609 NOTICE of Joinder by Marcus R Abbe re #574 MOTION in Limine No. 2 of 16 (Malik, M) proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 608 NOTICE of Joinder by Marcus R Abbe re #573 MOTION in Limine No. 1 of 16 (Malik, M) proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 607 RESPONSE in Opposition re #587 MOTION in Limine No. 15 of 16 filed by Marcus R Abbe. (Malik, M) (lao).
December 12, 2008 Filing 606 RESPONSE in Opposition re #577 MOTION in Limine No. 5 of 16 filed by Marcus R Abbe. (Malik, M)(lao).
December 12, 2008 Filing 605 RESPONSE in Opposition re #575 MOTION in Limine No. 3 of 16 filed by Marcus R Abbe. (Attachments: #1 Notice of Joinder of Plaintiffs in the Opposition to Defendant's Motion in Limine to Exclude Evidence of Alleged Violations That Occurred Prior to August 16, 2002)(Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 604 NON Opposition re #588 MOTION in Limine No. 16 of 16 filed by Marcus R Abbe. (Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 603 RESPONSE in Opposition re #584 MOTION in Limine No. 12 of 16 filed by Marcus R Abbe. (Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 602 RESPONSE in Opposition re #579 MOTION in Limine No. 7 of 16 filed by Marcus R Abbe. (Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 601 RESPONSE in Opposition re #578 MOTION in Limine No. 6 of 16 filed by Marcus R Abbe. (Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 600 RESPONSE in Opposition re #583 MOTION in Limine No. 11 of 16 filed by Marcus R Abbe. (Attachments: #1 Declaration of Christopher D. Nissen in Support of Opposition of Plaintiffs to Defendant's Motions in Limine Nos. 10 and 11)(Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 599 RESPONSE in Opposition re #582 MOTION in Limine No. 10 of 16 filed by Marcus R Abbe. (Attachments: #1 Declaration Declaration of Christopher D. Nissen in Support of Opposition of Plaintiffs to Defendants' Motions in Limine Nos. 10 and 11)(Malik, M) no hearing date and time; proof of service not attached; wrong Attny s/signature (lao).
December 12, 2008 Filing 598 CERTIFICATE OF SERVICE by Marcus R Abbe re #597 Notice (Other) Certificate of Service of Notice of Errata Regarding Plaintiff's Reference to Motion In Limine No. 11 Within Proposed Order (Colella, Steve) document should be filed as attachment (lao).
December 8, 2008 Filing 597 NOTICE by Marcus R Abbe Notice of Errata Regarding Plaintiffs' Reference to Motion In Limine No. 11 Within Proposed Order (Colella, Steve) Contacted Attny re s/signature and proof of service (lao).
December 5, 2008 Filing 596 CERTIFICATE OF SERVICE by Marcus R Abbe re #595 MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia (Petersen, Gregory) Contacted Attny re s/signature (lao).
December 5, 2008 Filing 595 MOTION in Limine Number 14 of Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Court Pay Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declarations of James Nicholson and Juan D. Garcia by Marcus R Abbe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Declaration James Nicholson, #6 Declaration Juan D. Garcia)(Petersen, Gregory) no proof of service attached; no time of hearing; Contacted Attny re rotated image (lao).
December 5, 2008 Filing 594 CERTIFICATE OF SERVICE by Marcus R Abbe re #593 MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson i (Petersen, Gregory) Contacted Attny re s/signature (lao).
December 5, 2008 Filing 593 MOTION in Limine No. 12 filed as MOTION to Amend/Correct #592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson in Support Thereof MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson in Support Thereof by Marcus R Abbe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration James Nicholson)(Petersen, Gregory) no hearing date and time; Contacted Attny re wrong image attached and rotated exhibits (lao).
December 5, 2008 Filing 592 MOTION in Limine No. 12 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of Holiday Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure; Declaration of James Nicholson in Support Thereof by Marcus R Abbe. (Petersen, Gregory) Missing time of hearing; no proof of service attached (lao).
December 5, 2008 Filing 591 CERTIFICATE OF SERVICE by Marcus R Abbe re #590 MOTION in Limine No. 13 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of 207(k) Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure (Petersen, Gregory) Contacted Attny re wrong s/signature (lao).
December 5, 2008 Filing 590 MOTION in Limine No. 13 by Plaintiffs Represented by The Petersen Law Firm to Exclude Evidence of 207(k) Offsets Pursuant to Rules 26(a) and 37 of the Federal Rules of Civil Procedure by Marcus R Abbe. (Petersen, Gregory) missing time of hearing; proof of service not attached (lao).
December 5, 2008 Filing 589 CERTIFICATE OF SERVICE by City of San Diego Califoria re #587 MOTION in Limine No. 15 of 16, #573 MOTION in Limine No. 1 of 16, #586 MOTION in Limine No. 14 of 16, #575 MOTION in Limine No. 3 of 16, #578 MOTION in Limine No. 6 of 16, #579 MOTION in Limine No. 7 of 16, #571 MOTION in Limine Notice of Motion Nos. 1-16, #584 MOTION in Limine No. 12 of 16, #588 MOTION in Limine No. 16 of 16, #581 MOTION in Limine No. 9 of 16, #585 MOTION in Limine No. 13 of 16, #583 MOTION in Limine No. 11 of 16, #582 MOTION in Limine No. 10 of 16, #577 MOTION in Limine No. 5 of 16, #574 MOTION in Limine No. 2 of 16, #572 MOTION in Limine Thomas Declaration and Exhibits, #576 MOTION in Limine No. 4 of 16, #580 MOTION in Limine No. 8 of 16 (Smith, Colleen) (lao).
December 5, 2008 Filing 588 MOTION in Limine No. 16 of 16 to exclude Angela Zdunich as trial Plaintiff by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 587 MOTION in Limine No. 15 of 16 to exclude evidence of subsequent remedial measures by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 586 MOTION in Limine No. 14 of 16 to exclude non-testifying witnesses (including non-trial Plaintiffs) from the courtroom by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 585 MOTION in Limine No. 13 of 16 to exclude Mobile computer terminal ("MCT") Data by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 584 MOTION in Limine No. 12 of 16 to exclude from trial Plaintiffs whose claims do not exceed the 207(K) threshold by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 583 MOTION in Limine No. 11 of 16 to exclude witness testimony regarding "common knowledge" by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 582 MOTION in Limine No. 10 of 16 to exclude witness testimony regarding third party knowledge under federal rules of evidence 602 & 701 by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 581 MOTION in Limine No. 9 of 16 to Exclude Evidence of: (1) Claims for missed code-7s; (2) claims for travel time; (3) claims for time spent maintaining or replacing uniforms and equipment by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 580 MOTION in Limine No. 8 of 16 to exclude evidence regarding Plaintiffs' claim for late payment of overtime by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 579 MOTION in Limine No. 7 of 16 to exclude claims and evidence of Plaintiffs who failed to Respond to interrogatories by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 578 MOTION in Limine No. 6 of 16 to exclude evidence of damages not voluntarily disclosed pursuant to Rule 26 by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/11/2008 to reflect document title (lao).
December 5, 2008 Filing 577 MOTION in Limine No. 5 of 16 to Exclude testimony of non-designated experts, including Plaintiffs by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/10/2008 to reflect document title (lao).
December 5, 2008 Filing 576 MOTION in Limine No. 4 of 16 to Exclude expert testimony and expert report by Plaintiffs' expert Oliver Lee Drummond by City of San Diego California. (Smith, Colleen) proof of service not attached; Modified text on 12/10/2008 to reflect document title (lao).
December 5, 2008 Filing 575 MOTION in Limine No. 3 of 16 to Exclude Evidence of alleged violations that occured prior to August 16, 2002 by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/10/2008 to reflect document title (lao).
December 5, 2008 Filing 574 MOTION in Limine No. 2 of 16 to Exclude evidence of issues and claims not listed in Plaintiffs' Fifth Amended Complaint or otherwise not in controversy by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/10/2008 to reflect document title (lao).
December 5, 2008 Filing 573 MOTION in Limine No. 1 of 16 to: (1) Prohibit Plaintiffs from appearing in Court on-duty and/or in uniform; and (2) Exclude references regarding Defense witnesses testifying while on-duty by City of San Diego Califoria. (Smith, Colleen) proof of service not attached; Modified text on 12/10/2008 to reflect document title (lao).
December 5, 2008 Filing 572 DECLARATION of Aryn Thomas filed as MOTION in Limine Thomas Declaration and Exhibits by City of San Diego Califoria. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3.1, #3 Exhibit 3.2, #4 Exhibit 4-5, #5 Exhibit 6-7, #6 Exhibit 8.1, #7 Exhibit 8.2, #8 Exhibit 9-16, #9 Exhibit 17-31, #10 Exhibit 32-37)(Smith, Colleen) no proof of service attached; Modified text on 12/11/2008 to reflect document type (lao).
December 5, 2008 Filing 571 MOTION in Limine Notice of Motion Nos. 1-16 by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen Smith ISO City's MILs 1-16, #2 Declaration of Alex Vargo and Exhibits ISO City's MIL No. 13, #3 Declaration of Kelli Moro and Exhibits ISO City's MIL Nos. 6 & 7)(Smith, Colleen) no proof of service attached (lao).
December 5, 2008 Filing 570 CERTIFICATE OF SERVICE by Marcus R Abbe re #564 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 5] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Joint Report of City's Experts Cary Mack and Patrick KennedyIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 5] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Joint Report of City's Experts Cary Mack and Patrick Kennedy, #566 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 7] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh Regarding City's Person Most Knowledgeable Designees and Excluding Previously Undisclosed Witnesses or WitnIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 7] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh Regarding City's Person Most Knowledgeable Designees and Excluding Previously Undisclosed Witnesses or Witn, #568 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 9] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude References to and Evidence in Support of the City of San Diego's First Affirmative Defense of EIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 9] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude References to and Evidence in Support of the City of San Diego's First Affirmative Defense of E, #569 MOTION in Limine To Preclude All References To and Evidence In Support of Defendant City of San Diego's Good Faith, Wilfulness And Statute Of Limitations Affirmative Defenses, #565 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 6] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to City's Current Budget Deficit, Intention to Seek Bankruptcy Protection and/orIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 6] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to City's Current Budget Deficit, Intention to Seek Bankruptcy Protection and/or, #563 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 4] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Report of James E. Nunn, #561 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 2] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Extra-Judicial Statements Made by Non-Parties to This AIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 2] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Extra-Judicial Statements Made by Non-Parties to This A, #562 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 3] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to any Court Orders Regarding the Exclusion of Some Plaintiffs in This LawsuitIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 3] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to any Court Orders Regarding the Exclusion of Some Plaintiffs in This Lawsuit, #567 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 8] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Testimony of Kelli Moro and the Declaration of Kelli MoroIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 8] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Testimony of Kelli Moro and the Declaration of Kelli Moro, #560 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 1] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Disputes Regarding Plaintiffs' RepresentationIn Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 1] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Disputes Regarding Plaintiffs' Representation (Nissen, Christopher) (lao). Contacted Attny re s/signature
December 5, 2008 Filing 569 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 10] To Preclude All References To and Evidence In Support of Defendant City of San Diego's Good Faith, Wilfulness And Statute Of Limitations Affirmative Defenses by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time. Modified text on 12/11/2008 to reflect document type (lao).
December 5, 2008 Filing 568 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 9] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude References to and Evidence in Support of the City of San Diego's First Affirmative Defense of Estoppel and Waiver by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 567 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 8] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Testimony of Kelli Moro and the Declaration of Kelli Moro by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 566 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 7] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh Regarding City's Person Most Knowledgeable Designees and Excluding Previously Undisclosed Witnesses or Witnesses Disclosed After The Discovery Cut-Offf by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 565 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 6] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to City's Current Budget Deficit, Intention to Seek Bankruptcy Protection and/or Purported Inability to Pay a Significant Monetary Judgment by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 564 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 5] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Joint Report of City's Experts Cary Mack and Patrick Kennedy by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 563 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 4] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Exclude Expert Testimony and Report of James E. Nunn by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 562 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 3] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to any Court Orders Regarding the Exclusion of Some Plaintiffs in This Lawsuit by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 561 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 2] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Extra-Judicial Statements Made by Non-Parties to This Action or any Parties' Attorney by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 5, 2008 Filing 560 In Limine MOTION in Limine Notice of Motion and Motion in Limine [No. 1] by Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh to Preclude All References to and Evidence in Support of Disputes Regarding Plaintiffs' Representation by Marcus R Abbe. (Nissen, Christopher) no proof of service attached; no hearing date and time (lao).
December 2, 2008 Opinion or Order Filing 559 Order Re Withdrawal as Counsel by Counsel for Plaintiffs Jackson Demarco, Tidus & Peckenpaugh: Sheppard Mullin Richter & Hampton LLP is relieved as counsel of record for Jackson DeMarco Tidus & Peckenpaugh. Signed by Judge Dana M. Sabraw on 12/2/08. (pdc)
November 25, 2008 Filing 558 NOTICE of Withdrawal of Counsel: Sheppard, Mullin, Richter & Hampton by Jackson, DeMarco, Tidus, Petersen & Peckenpaugh filed as NOTICE by Jackson, DeMarco, Tidus, Petersen & Peckenpaugh Notice of Withdrawal of Counsel (Attachments: #1 Proof of Service Notice of Withdrawal of Counsel)(Gerber, Robert) missing s/signature; Modified text on 11/26/2008 to reflect document type (lao).
November 24, 2008 Filing 556 NOTICE of Joinder by Marcus R Abbe re #553 Notice (Other) Notice of Joinder of Plaintiffs Represented by Jackson DeMarco Tidus & Peckenpaugh in Memorandum of Contentions of Law and Fact Filed by Petersen Law Firm (Nissen, Christopher) (lao).
November 21, 2008 Opinion or Order Filing 557 MINUTE ORDER re proceedings held before Magistrate Judge Ruben B. Brooks: Mandatory Settlement Conference was held on 11/21/2008. The parties did not settle. Signed by Magistrate Judge Ruben B. Brooks on 11/21/08. (Plaintiff Attorney M. Alim Malik (present), Christopher Nissen (present), Steve Colella (present), Gregory Peterson (present), Fenja Klaus (present), Kim Nguyen (present), Juan Garcia (present)).(Defendant Attorney Peter Benzian (present), Reginald Vitek, George Schaefer (present), Colleen Smith (present), Don McGrath (present)).(lao) (kaj).
November 21, 2008 Filing 555 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by City of San Diego Califoria. (Attachments: #1 Notice)(Smith, Colleen) (lao).
November 21, 2008 Filing 554 CERTIFICATE OF SERVICE by Marcus R Abbe re #553 Notice (Other) Memorandum of Contentions of Law and Fact (Petersen, Gregory) (lao). Contacted Attny re s/signature
November 21, 2008 Filing 553 MEMORANDUM of Contentions of Law and Fact filed as NOTICE by Marcus R Abbe Memorandum of Contentions of Law and Fact (Petersen, Gregory) Modified text on 11/24/2008 to reflect document type (lao).
November 21, 2008 Filing 552 MEMORANDUM of Contentions of Law and Fact filed as NOTICE by Marcus R Abbe Plaintiffs' Memorandum of Contentions of Law and Fact (Nissen, Christopher) Modified text on 11/21/2008 to reflect document type (lao).
November 18, 2008 Filing 551 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 5/19/2008, before Magistrate Judge Ruben B. Brooks. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/8/2008. Redacted Transcript Deadline set for 12/16/2008. Release of Transcript Restriction set for 2/13/2009. (akr)
November 18, 2008 Filing 550 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 4/14/2008, before Magistrate Judge Ruben B. Brooks. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/8/2008. Redacted Transcript Deadline set for 12/16/2008. Release of Transcript Restriction set for 2/13/2009. (akr)
November 18, 2008 Opinion or Order Filing 549 ORDER Dismissing Cesar A. Solis re #547 . Plaintiff Cesar A. Solis is dismissed from the above captioned matter without prejudice. Signed by Judge Dana M. Sabraw on 11/18/08. (lao)(kaj).
November 14, 2008 Filing 547 Joint MOTION to Dismiss Stipulation for Dismissal of Cesar A. Solis ONLY by Cesar A Solis. (Nissen, Christopher) (lao).
November 14, 2008 Opinion or Order Filing 546 ORDER Amending Pretrial schedule. The telephonic conference scheduled for 11/17/08 at 2:00 PM is Vacated. (Memorandum of Contentions of Fact and Law due by 11/21/2008. Proposed Pretrial Order due by 12/12/2008. Pretrial Conference continued to 12/19/2008 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw to address both the pretrial order and the motions in limine.) Signed by Judge Dana M. Sabraw on 11/14/08. (lao) (kaj).
November 13, 2008 Filing 548 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Case Management Conference held on 11/13/2008. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Greg Petersen, Kim Nguyen, Juan Garcia, Christopher Nissen).(Defendant Attorney Peter Benzian, Colleen Smith).(jak)
November 13, 2008 Filing 545 NOTICE of Withdrawal of Stipulation For Dismissal of Michael S. Healey by Marcus R Abbe re #538 Joint MOTION to Dismiss Stipulation for Dismissal of Michael S. Healey ONLY (Nissen, Christopher) (lao).
November 12, 2008 Filing 544 JOINT STATEMENT OF CORE ISSUES by City of San Diego California (Attachments: #1 Proof of Service)(Thomas, Aryn) (lao).
November 7, 2008 Opinion or Order Filing 543 ORDER continuing telephonic conference re: core issues and deadline for memorandum of contentions of fact and law re #541 . The deadline for Parties to jointly submit a memorandum identifying core issues for trial is continued to November 12, 2008, at 4:30 p.m. (Telephonic Status Conference set for 11/17/2008 02:00 PM before Judge Dana M. Sabraw to discuss the joint submission of core issues.) Signed by Judge Dana M. Sabraw on 11/7/08. (lao) (av1).
November 7, 2008 Filing 542 CERTIFICATE OF SERVICE by City of San Diego Califoria re #541 Joint MOTION to Continue Due Date for Memoranda of Contentions of Fact and Law (Pulos, Michael) missing s/signature (lao).
November 6, 2008 Filing 541 Joint MOTION to Continue Due Date for Memoranda of Contentions of Fact and Law by City of San Diego Califoria. (Smith, Colleen) (lao). contacted Attny re proof of service
November 5, 2008 Opinion or Order Filing 540 ORDER Re: Representative Plaintiffs. On 11/04/8, the parties met telephonically to discuss Plaintiffs' joint designation of Plaintiffs for trial. The Representative Plaintiffs shall make themselves available for deposition and shall respond to interrogatories by no later than November 21, 2008. Counsel for the Jackson DeMarco Titus & Peckenpaugh Plaintiffs will ensure compliance with Plaintiff's Fed. R. Civ. P. 26(a)(1) mandatory disclosures concerning said Plaintiffs' damages claims by 11/14/08. Defendant, however, has voluntarily agreed to produce all offset information and individualized calculations relating to (a) the 10 Representative Plaintiffs, and (b) as many of the remaining Plaintiffs for whom in good faith Defendant can gather such information by 11/14/08, and will endeavor to produce individualized offset information and calculations for all Plaintiffs by 11/21/08. Signed by Judge Dana M. Sabraw on 11/5/08. (lao) (av1).
November 4, 2008 Filing 539 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status/Case Management Conference held on 11/4/2008. Court to issue order. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Christopher Nissen, Gregory Petersen, Juan Garcia).(Defendant Attorney Peter Benzian, George Schaefer).(jak)
November 4, 2008 Filing 538 DOCUMENT WITHDRAWN see entry #545 - Joint MOTION to Dismiss Stipulation for Dismissal of Michael S. Healey ONLY by Marcus R Abbe. (Nissen, Christopher) (lao). Modified text on 11/14/2008 to reflect document withdrawn (lao).
October 31, 2008 Opinion or Order Filing 537 ORDER continuing telephonic conference re: representative Plaintiffs. (Telephonic Status Conference continued to 11/4/2008 02:00 PM before Judge Dana M. Sabraw.) Signed by Judge Dana M. Sabraw on 10/31/08. (lao) (av1).
October 30, 2008 Filing 536 RESPONSE re #535 Notice (Other) Response to Plaintiffs' Joint Designation of Plaintiffs for Trial filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Thomas, Aryn) Modified text on 11/4/2008 to reflect response (lao).
October 29, 2008 Filing 535 NOTICE Joint Designation of Plaintiffs For Trial by Marcus R Abbe (Attachments: #1 Proof of Service Certificate of Service)(Nissen, Christopher) (lao).
October 28, 2008 Opinion or Order Filing 533 ORDER denying #494 Defendant's Motion for Entry of Judgment pursuant to FED.R.CIV. P. 54(b). Signed by Judge Dana M. Sabraw on 10/28/08. (lao) (kaj).
October 28, 2008 Opinion or Order Filing 532 ORDER denying #501 Plaintiffs' Amended Motion for Reconsideration. Signed by Judge Dana M. Sabraw on 10/28/08. (lao) (kaj).
October 24, 2008 Opinion or Order Filing 531 SCHEDULING ORDER Re: Representative Plaintiffs and Core issues for Trial. The parties met telephonically on 10/22/08 to discuss amending the Court's Order Amending Trial Order issued 9/2/08. (Telephonic Status Conference set for 10/31/2008 12:00 PM before Judge Dana M. Sabraw to resolve any issues arising from the selection of representative Plaintiffs. Telephonic Status Conference set for 11/13/2008 03:00 PM before Judge Dana M. Sabraw to discuss the joint submission of core issues.) Signed by Judge Dana M. Sabraw on 10/24/08.(lao) (kaj).
October 23, 2008 Filing 534 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 10/23/2008. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Christopher Nissen, Gregory Petersen, Juan Garcia).(Defendant Attorney Peter Benzian, Colleen Smith).(jak)
October 21, 2008 Opinion or Order Filing 530 ORDER Granting Substitution of Attorney of Sharon McFalls re #529 . Attorney M Alim Malik added for Plaintiff Sharon A McFalls. Attorney Gregory Glenn Petersen terminated. Signed by Judge Dana M. Sabraw on 10/21/08. (lao) (av1).
October 20, 2008 Filing 529 NOTICE of Lodging re Substitution of Attorney of Sharon McFalls filed as NOTIE by Sharon A McFalls of Lodging (Attachments: #1 Exhibit 1 - Consent Order Granting Substitution of Attorney of Sharon McFalls, #2 Proof of Service)(Nissen, Christopher) Modified text on 10/21/08 to reflect document type (lao).
October 14, 2008 Filing 528 CERTIFICATE OF SERVICE by Marcus R Abbe re #526 Notice (Other) List of Representative Plaintiffs (Petersen, Gregory) Contacted Attny re wrong s/signature (lao).
October 14, 2008 Opinion or Order Filing 527 ORDER Re: Oral Argument. Pending before this Court are Plaintiffs' motion for summary judgment on Plaintiffs' breach of contract claim and partial summary judgment on fair labor standards act claim and Defendants' motion for entry of final judgment pursuant to Federal Rule of Civil Procedure 54(b). The motion are currently scheduled for hearing on Friday, October 17, 2008. The matters are suitable for submission without oral argument. Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 10/14/08. (lao) (av1).
October 10, 2008 Filing 526 NOTICE by Marcus R Abbe List of Representative Plaintiffs (Petersen, Gregory) (lao). Contacted Attny re proof of service
October 10, 2008 Filing 525 NOTICE by City of San Diego Califoria re #522 Witness List City's Designation of Test Plaintiffs (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
October 10, 2008 Filing 524 REPLY to Response to Motion re #494 MOTION for Entry of Judgment under Rule 54(b) filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
October 10, 2008 Filing 523 DECLARATION of James Nicholson filed as REPLY re #520 Reply, Declaration of James Nicholson in Support of Plaintiffs' Reply filed by Marcus R Abbe. (Colella, Steve) Modified text on 10/14/2008 to reflect document type (lao).
October 10, 2008 Filing 522 AMENDED Witness List by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) Modified text on 10/14/2008 to reflect amended (lao).
October 10, 2008 Filing 521 Witness List by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao).
October 10, 2008 Filing 520 REPLY re #501 MOTION for Reconsideration re #491 Order on Motion for Summary Judgment MOTION for Reconsideration re #491 Order on Motion for Summary Judgment, #515 Response in Opposition to Motion, Plaintiffs' Reply to City's Opposition to Plaintiffs' Motion for Reconsideration filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao).
October 7, 2008 Filing 519 NOTICE of Joinder by Brett H Burkett, Marcus R Abbe re #518 Objection Notice of Joinder in Plaintiffs' Joint Objections to Defendant's [Proposed] Supplemental Jury Instruction (Nissen, Christopher) (lao).
October 6, 2008 Filing 518 OBJECTION by Marcus R Abbe re #511 Proposed Jury Instructions by Defendant City of San Diego. (Petersen, Gregory)(lao). contacted Attny re proof of service
October 6, 2008 Filing 517 OBJECTION by City of San Diego Califoria re #510 Proposed Jury Instructions. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
October 3, 2008 Filing 516 RESPONSE in Opposition re #494 MOTION for Entry of Judgment under Rule 54(b) filed by Marcus R Abbe. (Attachments: #1 Declaration of Christopher D. Nissen in support of opposition to motion for entry of final judgment, #2 Proof of Service)(Nissen, Christopher) (lao).
October 3, 2008 Filing 515 RESPONSE in Opposition re #501 MOTION for Reconsideration re #491 Order on Motion for Summary Judgment MOTION for Reconsideration re #491 Order on Motion for Summary Judgment filed by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen Smith, #2 Declaration of Kelli Moro, #3 Objections to Declaration of Christopher Nissen, #4 Objections to Declaration of James Nicholson, #5 Proof of Service)(Smith, Colleen) (lao).
October 1, 2008 Filing 514 NOTICE of Joinder by Brett H Burkett, Marcus R Abbe re #513 Proposed Jury Instructions Plaintiffs' Notice of Joinder In Plaintiffs' Supplemental [Proposed] Special Jury Instruction [DKT 513] (Attachments: #1 Proof of Service Certificate of Service)(Nissen, Christopher) (lao).
September 30, 2008 Filing 513 SUPPLEMENTAL PROPOSED SPECIAL JURY INSTRUCTIONS by Marcus R Abbe. Associated Cases: 3:05-cv-01629-DMS-RBB, 3:06-cv-00538-DMS-RBB(Petersen, Gregory) Modified text on 10/2/2008 to reflect document title; supplemental documents require leave of Court (lao). missing proof of service
September 29, 2008 Filing 512 NOTICE of Joinder by Marcus R Abbe re #510 Proposed Jury Instructions (Attachments: #1 Proof of Service)(Nissen, Christopher) (lao).
September 26, 2008 Filing 511 PROPOSED Supplemental JURY INSTRUCTIONS by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) Modified text on 10/1/2008 to reflect document title (lao). supplemental documents require leave of Court
September 26, 2008 Filing 510 PROPOSED Special JURY INSTRUCTIONS by Marcus R Abbe. (Attachments: #1 Proof of Service)Associated Cases: 3:05-cv-01629-DMS-RBB, 3:06-cv-00538-DMS-RBB(Petersen, Gregory) Modified text on 10/1/2008 to reflect title(lao).
September 26, 2008 Filing 509 PROPOSED JURY INSTRUCTIONS by City of San Diego Califoria. (Attachments: #1 Proof of Service for Joint Proposed Instructions)(Smith, Colleen) (lao).
September 24, 2008 Opinion or Order Filing 508 ORDER re: Objections to Supplemental Instructions re #507 Motion. The Parties shall jointly submit one set of agreed-upon proposed jury instructions on or before 9/26/08, as previously determined. The Parties shall each submit one set of supplemental jury instructions on or before 9/26/08, as previously determined. The Parties shall submit to the Court any objections to supplemental jury instructions on or before 10/06/08. Signed by Judge Dana M. Sabraw on 9/24/08. (lao) (av1).
September 23, 2008 Filing 507 Joint MOTION to Continue Deadline for Objections to Supplemental Instructions by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Pulos, Michael) (lao).
September 22, 2008 Filing 506 SUPPLEMENTAL NOTICE of Lodgment filed as MOTION for Reconsideration re #501 MOTION for Reconsideration re #491 Order on Motion for Summary Judgment MOTION for Reconsideration re #491 Order on Motion for Summary Judgment Supplemental Notice of Lodgment and Exhibit A1 by Marcus R Abbe. (Attachments: #1 Exhibit A1 - Part 1 of 10, #2 Exhibit A1 - Part 2 of 10, #3 Exhibit A1 - Part 3 of 10, #4 Exhibit A1 - Part 4 of 10, #5 Exhibit A1 - Part 5 of 10, #6 Exhibit A1 - Part 6 of 10, #7 Exhibit A1 - Part 7 of 10, #8 Exhibit A1 - Part 8 of 10, #9 Exhibit A1 - Part 9 of 10, #10 Exhibit A1 - Part 10 of 10, #11 Proof of Service)(Nissen, Christopher) Modified text on 9/23/2008 to reflect document type (lao). Supplemental documents require leave of Court
September 19, 2008 Filing 505 CERTIFICATE OF SERVICE filed as MOTION for Reconsideration re #501 MOTION for Reconsideration re #491 Order on Motion for Summary Judgment Certificate of Service by Marcus R Abbe. (Colella, Steve) Modified text on 9/22/2008 to reflect document type (lao).
September 19, 2008 Filing 504 DECLARATION of James Nicholson filed as MOTION for Reconsideration re #501 MOTION for Reconsideration re #491 Order on Motion for Summary Judgment Declaration of James Nicholson by Marcus R Abbe. (Colella, Steve) Modified text on 9/22/2008 to reflect document type; proof of service filed as separate entry #505 (lao)
September 19, 2008 Filing 503 DECLARATION re #501 MOTION for Reconsideration re #491 Order on Motion for Summary Judgment OF STEVE COLELLA by Plaintiff Marcus R Abbe. (Nissen, Christopher) proof of service filed as separate entry #505 (lao). Contacted Attny re signature
September 19, 2008 Filing 502 NOTICE by Marcus R Abbe re #501 MOTION for Reconsideration re #491 Order on Motion for Summary Judgment OF LODGMENT (Attachments: #1 Exhibit A to Notice of Lodgment ISO Motion for Reconsideration, #2 Exhibit B to Notice of Lodgment ISO Motion for Reconsideration, #3 Exhibit C to Notice of Lodgment ISO Motion for Reconsideration, #4 Exhibit D to Notice of Lodgment ISO Motion for Reconsideration)(Nissen, Christopher) (lao).
September 19, 2008 Filing 501 MOTION for Reconsideration re #491 Order on Motion fo/r Summary Judgment by Marcus R Abbe. (Attachments: #1 Declaration of Christopher Nissen & Exhibits)(Nissen, Christopher) (lao) missing separately captioned memorandum of points and authorities
September 16, 2008 Filing 500 CERTIFICATE OF SERVICE by City of San Diego Califoria re: Proposed Jury Instructions (Thomas, Aryn) Document served not on file (lao).
September 16, 2008 Opinion or Order Filing 499 ORDER modifying briefing schedule and continuing hearing date on Defendants' Motion for entry of Final Judgment and Plaintiffs' Motion for reconsideration re #496 Joint MOTION. (Motion Hearing for entry of final judgment continued to 10/17/2008 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. Oppositions due by 10/3/2008. Reply due by 10/10/2008. Plaintiffs' motion for reconsideration of this Courts 8/19/08 Order granting Defendant's motions for summary judgment on the breach of contract claim and partial summary judgment on the FLSA claim set for October 17, 2008 at 1:30 p.m. in Courtroom 10 before Judge Dana M. Sabraw. Plaintiffs' motion for reconsideration shall be filed on or before 9/19/08. Oppositions due by 10/3/2008. Reply due by 10/10/2008.) Signed by Judge Dana M. Sabraw on 9/15/08. (lao) (av1).
September 15, 2008 Filing 498 CERTIFICATE OF SERVICE filed as RESPONSE in Opposition re #494 MOTION for Entry of Judgment under Rule 54(b) Certificate of Service filed by Marcus R Abbe. (Petersen, Gregory) Modified text on 9/16/2008 to reflect document type (lao). Contacted Attny re signature
September 12, 2008 Filing 497 RESPONSE in Opposition re #494 MOTION for Entry of Judgment under Rule 54(b) filed by Marcus R Abbe. (Petersen, Gregory) (lao). Contacted Attny re proof of service
September 12, 2008 Filing 496 Joint MOTION to Continue Joint Ex Parte Motion Requesting Court Order Modifying Briefing Schedule and Continuing Hearing Date on Defendants' Motion for Entry of Final Judgment by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) missing separately captioned memorandum of points and authorities (lao).
September 2, 2008 Opinion or Order Filing 495 ORDER Amending Trial Order re #490 . Signed by Judge Dana M. Sabraw on 9/2/08. (lao)(av1).
August 29, 2008 Filing 494 MOTION for Entry of Final Judgment under Rule 54(b) by City of San Diego Califoria. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Smith, Colleen) Modified text on 9/2/2008 to reflect final judgment (lao).
August 28, 2008 Filing 493 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 8/28/2008. (Plaintiff Attorney Greg Petersen, Kim Nguyen, Fenka Klaus, Christopher Nissen).(Defendant Attorney Peter Benzian, Colleen Smith, George Shafer).(jak)
August 25, 2008 Opinion or Order Filing 492 MINUTE ORDER: (Mandatory Settlement Conference set for 11/21/2008 01:30 PM before Magistrate Judge Ruben B. Brooks.) Mandatory Settlement conference briefs shall be submitted to Magistrate Judge Brook's chambers on or before 11/14/08. Signed by Magistrate Judge Ruben B. Brooks on 8/25/08. (Plaintiffs Attorney Christopher Nissen; Roger Franks; Robert Gerber; David Carr; Gregory Petersen).(Defendants Attorney Peter Benzian; Reginald Vitek; George Schaefer; Colleen Smith; Don McGrath)(lao) (av1).
August 19, 2008 Opinion or Order Filing 491 ORDER granting #327 Defendants' Motion for: Summary Judgment on Breach of Contract Claim, and Partial Summary Judgment on Fair Labor Standards Act claim. Signed by Judge Dana M. Sabraw on 8/19/08. (lao)(kaj).
August 18, 2008 Opinion or Order Filing 490 ORDER Re: Trial, On 8/13/08 a trial scheduling conference was held. A pre-trial conference shall be held on 11/21/08, at 10:30 a.m. A jury trial shall commence on 1/5/09, at 9:00 a.m., in Courtroom 10 before Judge Dana M. Sabraw. The parties shall file motions in limine on or before 12/5/08. Oppositions to motions in limine shall be filed on or before 12/12/08. A hearing on the parties motions in limine will be held on 12/19/08, at 1:30 p.m. Jury instructions must be submitted on or before 12/29/08. The parties shall submit proposed voir dire questions on or before 12/29/08. Signed by Judge Dana M. Sabraw on 8/18/08. (asw) (kaj).
August 13, 2008 Filing 489 Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 8/13/2008. Pretrial Conference set for 11/21/08 10:30 AM, Jury Trial set for 1/5/2009 9:00 AM, Motion In Limine Hearing set for 12/19/2008 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.(Court Reporter LeeAnn Pence).(Plaintiff Attorney Christopher Nissen (telephonically), Gregory G Petersen, Kim Nguyen).(Defendant Attorney Peter Benzian, Colleen Carlton Smith, Michael Pulos, George Schaefer).(jak)
August 8, 2008 Filing 488 REPLY re #478 Ex Parte MOTION for Leave to File Supplemental Opposition to City's Summary Judgment Motion ; City's Supplemental Reply Brief filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao). document not timely with the hearing
August 7, 2008 Opinion or Order Filing 487 Minute Order by Judge Dana M. Sabraw: Status Conference set for 8/20/2008 is hereby reset to 8/13/2008 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw.(jak)
August 6, 2008 Opinion or Order Filing 486 ORDER Vacating Trial Dates re #485 . The trial dates are vacated. (Status Conference set for 8/20/2008 09:30 AM in Courtroom 10 before Judge Dana M. Sabraw.) Signed by Judge Dana M. Sabraw on 8/6/08. (lao) (kaj).
July 31, 2008 Filing 485 Proposed Order denying the Joint Ex Parte Motion to Continue the pending trial dates and pre-trial activities filed as RESPONSE in Opposition re #480 Joint MOTION to Continue Stipulated Joint Motion for Status Conference and for Continuance of Trial and Pretrial Deadlines [Proposed] Order Denying the Joint Ex Parte Motion to Continue the Pending Trial Dates and Pre-Trial Activities filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Petersen, Gregory) Modified text on 8/4/2008 to reflect document type (lao). Contacted Attny re proposed orders
July 30, 2008 Opinion or Order Filing 484 ORDER granting #478 Plaintiffs' Ex Parte Application for Leave to File Supplemental Opposition in Response to Defendant City of San Diego's Reply Brief in support of Motion for partial Summary Judgment regarding breach of contract claim and deeming filed the proposed supplemental opposition. Plaintiffs' supplemental opposition is deemed filed as of the date of this order. City's request for leave to file a supplemental reply brief is also Granted. Defendant's supplemental reply shall be filed on or before 08/08/2008. Signed by Judge Dana M. Sabraw on 7/30/08. (lao) (av1).
July 30, 2008 Filing 483 CERTIFICATE OF SERVICE filed as REPLY re #481 Response in Opposition to Motion, CERTIFICATE OF SERVICE filed by Marcus R Abbe. (Petersen, Gregory) Modified text on 8/1/2008 to reflect document type (lao).
July 30, 2008 Filing 482 DECLARATION re #481 Response in Opposition to Motion, DECLARATION OF JUAN D. GARCIA by Plaintiff Marcus R Abbe. (Petersen, Gregory) (lao). proof of service filed as entry #483
July 30, 2008 Filing 481 RESPONSE in Opposition re #480 Joint MOTION to Continue Stipulated Joint Motion for Status Conference and for Continuance of Trial and Pretrial Deadlines PLAINTIFFS'S OPPOSITION TO THE JOINT EX PARTE MOTION TO CONTINUE THE PENDING TRIAL DATES AND PRE-TRIAL ACTIVITIES filed by Marcus R Abbe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Petersen, Gregory) (lao). proof of service filed as entry #483
July 28, 2008 Filing 480 Joint MOTION to Continue Stipulated Joint Motion for Status Conference and for Continuance of Trial and Pretrial Deadlines by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen)(lao).
July 25, 2008 Filing 479 RESPONSE to Motion re #478 Ex Parte MOTION for Leave to File Supplemental Opposition to City's Summary Judgment Motion Opposition filed by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen Smith and Exhibits, #2 Proof of Service)(Smith, Colleen) (lao).
July 25, 2008 Filing 478 Ex Parte MOTION for Leave to File Supplemental Opposition to City's Summary Judgment Motion by Marcus R Abbe. (Attachments: #1 Declaration (Supplemental) of Christopher D. Nissen in Support of Ex Parte Application for Leave to File Supplemental Opposition to City's Summary Judgment Motion, #2 Proof of Service)(Nissen, Christopher) (lao).
July 23, 2008 Opinion or Order Filing 477 ORDER Overruling Gregory Petersen's Objections to Magistrate Judge Brooks' May 19, 2008 Order re #364 . Signed by Judge Dana M. Sabraw on 7/23/08. (lao) (kaj).
July 22, 2008 Filing 476 Transcript of Motion Hearing Proceedings held on 05/19/08, before Magistrate Judge Ruben B. Brooks. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/11/2008. Redacted Transcript Deadline set for 8/19/2008. Release of Transcript Restriction set for 10/17/2008. (akr)
July 15, 2008 Filing 475 SUPPLEMENTAL RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Supplemental Opposition to City's Motion for Partial Summary Judgment on the Breach of Contract Claim Due to Recently Discovered Evidence at Deposition of Lt. David Cavanaugh filed by Marcus R Abbe. (Attachments: #1 Exhibit "1" to Supplemental Opposition, #2 Exhibit "2" to Supplemental Opposition, #3 Exhibit "3" of Supplemental Opposition, #4 Exhibit "4" to Supplemental Opposition, #5 Exhibit "5" to Supplemental Opposition, #6 Exhibit "6" to Supplemental Opposition, #7 Exhibit "7" to Supplemental Opposition, #8 Exhibit "8" to Supplemental Opposition, #9 Exhibit "9" to Supplemental Opposition, #10 Exhibit "10" to Supplemental Opposition, #11 Exhibit "11" to Supplemental Opposition, #12 Exhibit "12" to Supplemental Opposition, #13 Proof of Service)(Petersen, Gregory)(lao).
July 15, 2008 Opinion or Order Filing 474 ORDER Re Oral Argument. The Petersen Law Firm, which represents certain Plaintiffs in the instant matter, has filed objections to Magistrate Judge Brooks' resolution of a dispute between counsel. A hearing on the matter is scheduled for Friday, July 18, 2008 at 1:30 pm. The matter is suitable for submission without oral argument. Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 7/15/08. (lao) (kaj).
July 11, 2008 Opinion or Order Filing 473 ORDER granting #463 Defendant City of San Diego's Ex Parte Application to exceed Local Rule 7.1(h) page limit in its Reply in support of its Motion for partial Summary Judgment regarding breach of contract claim. Signed by Judge Dana M. Sabraw on 7/11/08. (lao) (av1).
July 11, 2008 Filing 472 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 7/11/2008 re #327 MOTION for Summary Judgment re Breach of Contract Claim filed by City of San Diego Califoria. Motion taken under submission. Court to issue order. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Christopher D Nissen, Gregory G Petersen, Steve J. Colella).(Defendant Attorney Peter H Benzian, Colleen Carlton Smith, Katherine Mayer).(jak)
July 10, 2008 Filing 471 RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Supplemental Evidence from Post Briefing Discovery and Further Opposition to Defendant City of San Diego's Motion for Partial Summary Judgment on the Breach of Contract Claim Due to Recently Discovered Evidence at the Deposition of Kelli Moro filed by Marcus R Abbe. (Attachments: #1 Exhibit 1 to Supplemental Evidence, #2 Exhibit 2 to Supplemental Evidence, #3 Exhibit 3 to Supplemental Evidence, #4 Exhibit 4 to Supplemental Evidence, #5 Exhibit 5 to Supplemental Evidence, #6 Exhibit 6 to Supplemental Evidence, #7 Exhibit 7 to Supplemental Evidence, #8 Exhibit 8 to Supplemental Evidence, #9 Proof of Service)(Petersen, Gregory) (lao).
July 10, 2008 Filing 470 RESPONSE in Opposition re #152 MOTION for Summary Judgment Supplemental Evidence from Post Briefing Discovery and Further Opposition to Defendant City of San Diego's Motion for Partial Summary Judgment on the Breach of Contract Claim Due To Recently Discovered Evidence at the Deposition of Captain Shelley Zimmerman filed by Marcus R Abbe. (Attachments: #1 Exhibit "1" to Supplemental Evidence from Post Briefing Discovery, #2 Exhibit "2" to Supplemental Evidence from Post Briefing Discovery, #3 Exhibit "3" to Supplemental Evidence from Post Briefing Discovery, #4 Exhibit "4" to Supplemental Evidence from Post Briefing Discovery, #5 Exhibit "5" to Supplemental Evidence from Post Briefing Discovery, #6 Proof of Service)(Petersen, Gregory) (lao).
July 8, 2008 Opinion or Order Filing 469 ORDER Re: Oral Argument. Pending before the Court is Defendant's Motion for Summary Judgment on the Breach of Contract Claim. Oral argument is scheduled for 7/11/08. In addition to the issues presented in the briefing, parties shall attend oral argument prepared to discuss whether the "inadequacy" analysis applied to the administrative grievance procedure enacted by city ordinance in Glendale City Employees' Association, Inc. v. Glendale, 15 Cal. 3d 328 (1975), applies to the case at bar, which concerns a grievance procedure set forth in a mutually agreed-upon contract. Signed by Judge Dana M. Sabraw on 7/8/08. (lao) (kaj).
July 7, 2008 Opinion or Order Filing 468 ORDER Setting Hearing Date re #364 . The Petersen Law Firm has filed objections to Magistrate Judge Brooks' order resolving the ongoing dispute between Plaintiffs' counsel. (Motion Hearing set for 7/18/2008 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.) Signed by Judge Dana M. Sabraw on 7/7/08. (lao) (av1).
July 3, 2008 Filing 467 REPLY to Response to Motion re #327 MOTION for Summary Judgment re Breach of Contract Claim Consolidated Reply to Plaintiffs' Oppositions filed by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen C. Smith, #2 Request for Judicial Notice, #3 Statement of Facts in Response to JDTP Opp. SSUF, #4 Statement of Facts in Response to PLF Opp. SSUF, #5 Objections to Decl. of C. Nissen, #6 Objections to Decl. of S. Colella, #7 Consolidated Response to JDTP Objections to Decls., #8 Consolidated Response to PLF Objections to Decls. and Motion to Strike, #9 Objections to Decl. of J. Leonard, #10 Response and Objections to Decl. of J. Nicholson, #11 Consolidated Responses to JDTP/PLF Objections to Chadwick & Merritt Decls., #12 Proof of Service)(Smith, Colleen) (lao). Application to exceed page limit on file #463
July 2, 2008 Opinion or Order Filing 466 ORDER: (1) Granting Amended consolidated Ex Parte Application for Order approving Plaintiffs' substitutions of Attorney for the Petersen Law Firm #383 ; and (2) Denying as Moot Ex Parte Application for Order that Jackson DeMarco is Counsel for Plaintiffs and Gregory Petersen is not, absent further Court Order #307 . Signed by Magistrate Judge Ruben B. Brooks on 7/2/08. (lao)(av1).
July 2, 2008 Filing 465 NOTICE by Brett H Burkett, Marcus R Abbe NOTICE OF UNAVAILABILITY OF COUNSEL (Nissen, Christopher) (lao).
July 2, 2008 Filing 464 DOCUMENT E-Filed in Error - NOTICE by Brett H Burkett, Marcus R Abbe NOTICE OF UNAVAILABILITY OF COUNSEL (Nissen, Christopher) Modified text on 7/2/2008 to reflect error per Attny (lao).
July 2, 2008 Filing 463 MOTION for Leave to File Excess Pages by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
June 30, 2008 Filing 462 NOTICE by Brett H Burkett, Marcus R Abbe re #451 Response in Opposition to Motion, PLAINTIFFS' NOTICE OF JOINDER (Nissen, Christopher) (lao).
June 30, 2008 Filing 461 DECLARATION James Nicholson RE Review of Calculations of Kelli Moro by Plaintiff Marcus R Abbe. (Petersen, Gregory) (lao). No s/ signature; no proof of service
June 28, 2008 Filing 460 RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiff's Response to Defendant City of San Diego's Separate Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment Regarding Breach of Contract Claim filed by Marcus R Abbe. (Petersen, Gregory) (lao). missing proof of service
June 28, 2008 Filing 459 NOTICE of Joinder by Marcus R Abbe re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Notice of Joinder in Plaintiffs' Opposition to Defendants' Motionf or Partial Summary Judgment Regarding Plaintiffs' Breach of Contract Claim (Petersen, Gregory) (lao). missing proof of service
June 28, 2008 Filing 458 Statement regarding compendium of declarations [Part 7 of 7] filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Statement Regarding Compendium of Declarations in Support of Opposition to Defendants' Motion for Partial Summary Judgment Re Breach of Contract Claim - Part 7 of 7 filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 457 Statement regarding compendium of declarations [Part 6 of 7] filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Statement Regarding Compendium of Declarations in Support of Opposition to Defendants' Motion for Partial Summary Judgment re Beach of Contract Claim - Part 6 of 7 filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 456 Statement regarding compendium of declarations [Part 5 of 7] filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Statement Regarding Compendium of Declarations in Support of Opposition to Defendants' Motion for Partial Summary Judgment Re Breach of Contract Claim - Part 5 of 7 filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 455 Statement regarding compendium of declarations [Part 4 of 7] filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Statement Regarding Compendium of Declarations in Support of Opposition to Defendants' Motion for Partial Summary Judgment Re Breach of Contract Claim - Part 4 of 7 filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 454 Statement regarding compendium of declarations [Part 3 of 7] filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Statement Regarding Compendium of Declarations in Support of Opposition to Defendants' Motion for Partial Summary Judgment re Breach of Contract Claim - Part 3 of 7 filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 453 Statement regarding compendium of declarations [Part 2 of 7] filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Statement Regarding Compendium of Declarations in Support of Opposition to Defendants' Motion for Partial Summary Judgment Re Breach of Contract Claim filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 452 Statement regarding compendium of declarations [Part 1 of 7] filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Statement Regarding Compendium of Declarations in Support of Opposition to Defendants' Motion for Partial Summary Judgment Re Breach of Contract Claim - [Part 1 of 7] filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 451 RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Opposition to Defendant City of San Diego's Motion for Partial Summary Judgment Re Breach of Contract Claim filed by Marcus R Abbe. (Petersen, Gregory) (lao). missing proof of service
June 28, 2008 Filing 450 Request for Judicial Notice filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Request for Judicial Notice in Support of Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Petersen, Gregory) (lao). missing proof of service
June 28, 2008 Filing 449 DECLARATION of Jeff Leonard re #327 MOTION for Summary Judgment re Breach of Contract Claim Declaration of Jeff Leonard by Plaintiff Marcus R Abbe. (Petersen, Gregory) (lao). missing proof of service
June 28, 2008 Filing 448 DECLARATION of James Nicholson re Review of Calculations of Kelli Moro by Plaintiff Marcus R Abbe. (Petersen, Gregory) (lao). missing signature and proof of service
June 28, 2008 Filing 447 EXHIBITS 8 to 10 filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Appendix of Deposition Excerpts as Evidentiary Support in Opposition to Defendants' Mtoion for Partial Summary Judgment - Exs. 8-10 filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 446 EXHIBITS 4 to 7 filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Appendix of Deposition Excerpts as Evidentiary Support in Opposition to Defendants' Motion for Partial Summary Judgment - Exs. 4-7 filed by Marcus R Abbe. (Petersen, Gregory) (lao).
June 28, 2008 Filing 445 Appendix of Deposition Excerpts as Evidentiary Support filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Appendix of Deposition Excerpts as Evidentiary Support in Opposition to Defendants' Motion for Partial Summary Judgment - Exhibits 1-3 filed by Marcus R Abbe. (Petersen, Gregory) (lao). missing certificate of service
June 28, 2008 Filing 444 OBJECTIONS and Motion to Strike filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Objections and Motion to Strike, Pursuant to F.R.C.P. 56(e), Declaration in Support of Defendant City of San Diego's Motion for Partial Summary Judgment re Breach of Contract Claim re David Cavanaugh, William George Edwards, Jr., Sarah Creighton, Paul Cooper, Patrick Drummy filed by Marcus R Abbe. (Petersen, Gregory) (lao). Motion should be filed as separate entry; Missing certificate of service
June 28, 2008 Filing 443 OBJECTIONS and Motion to Strike filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Objections and Motion to Strike, Pursuant to F.R.C.P. 56(e), Declaration in Support of Defendant City of San Diego's Motion for Partial Summary Judgment re Breach of Contract Claim re James Collins, Scott Chadwick filed by Marcus R Abbe. (Petersen, Gregory) (lao). Motion should be filed as a separate entry; missing a certificate of service
June 27, 2008 Filing 442 OBJECTIONS and Motion to Strike filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Objections and Motion to Strike, Pursuant to F.R.C.P. 56(e), Declaration In Support of Defendant City of San Diego's Motion for Partial Summary Judgment re Breach of Contract Claim re Shelley Zimmerman, David Ramirez, Terry McManus, Howard Kendall, Christopher Ball, Cheryl Merritt filed by Marcus R Abbe. (Petersen, Gregory) (lao). Motion should be filed as separate entry; missing certificate of service
June 27, 2008 Filing 441 OBJECTIONS and Motion to Strike filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Objections and Motion to Strike, Pursuant to F.R.C.P. 56(e), in Support of Defendant City of San Diego's Motionf or Partial Summary Judgment Re Breach of Contract Claim re Walt Vasquez, Patrick Drummy, Marta Williams, Joel Bryden, Guy Swanger, filed by Marcus R Abbe. (Petersen, Gregory) (lao). Motion should be filed as separate entry
June 27, 2008 Filing 440 CERTIFICATE OF SERVICE filed as NOTICE by Brett H Burkett, Marcus R Abbe re #327 MOTION for Summary Judgment re Breach of Contract Claim CERTIFICATE OF SERVICE RE OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT (Malik, M) (lao). Wrong s/ signature
June 27, 2008 Filing 439 Plaintiffs' separate statement of material facts in Opposition to MSJ filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 8 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). wrong s/ signature; missing a certificate of service
June 27, 2008 Filing 438 Plaintiffs' separate statement of material facts in Opposition to MSJ filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 7 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). missing a certificate of service
June 27, 2008 Filing 437 Plaintiffs' separate statement of material facts in Opposition to MSJ filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 6 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). missing certificate of service
June 27, 2008 Filing 436 Plaintiffs' separate statement of material facts in Opposition to MSJ filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 5 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). missing certificate of service
June 27, 2008 Filing 435 Plaintiff's separate statement of material facts in Opposition to MSJ filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 4 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). missing a certificate of service
June 27, 2008 Filing 434 Plaintiff's separate statement of material facts in Opposition to MSJ filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 3 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). document missing a cover page; missing certificate of service
June 27, 2008 Filing 433 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 13 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 432 Plaintiff's separate statement of material facts in Opposition to MSJ filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 2 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). Document missing cover page
June 27, 2008 Filing 431 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 12 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 430 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 11 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 429 Separate Statement of Material Facts filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Separate Statement of Material Facts in Support of Opposition #385 to Motion for Partial Summary Judgment (Part 1 of 8) filed by Brett H Burkett, Marcus R Abbe. (Malik, M)(lao). missing certificate of service
June 27, 2008 Filing 428 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 10 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve)(lao). missing certificate of service
June 27, 2008 Filing 427 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 9 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 426 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 8 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 425 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 7 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 424 DECLARATION of Israel Hernandez filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 6 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). duplicate header on top of image
June 27, 2008 Filing 423 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 24 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 422 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 5 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 421 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 23 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 420 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 4 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 419 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 22 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 418 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 21 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 417 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 20 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 416 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 3 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). missing certificate of service
June 27, 2008 Filing 415 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 19 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 414 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 18 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 413 Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium - Vol. 2 of 13 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett. (Colella, Steve) (lao).
June 27, 2008 Filing 412 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 17 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 411 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 17 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 410 Statement regarding Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Second Compendium of Declarations in Support of Plaintiffs' Opposition #385 filed by Brett H Burkett. (Attachments: #1 Affidavit Second Compendium - Vol. 1 of 13 in support of Plaintiffs' Opposition #385 )(Colella, Steve) (lao). wrong s/ signature; missing certificate of service
June 27, 2008 Filing 409 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendim - Vol. 16 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 408 DECLARATION of Christopher D. Nissen filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Declaration of Christopher D. Nissen in Support of Plaintiffs' Opposition #385 to Defendants' Motion for Partial Summary Judgment and Exhibit 82 filed by Brett H Burkett, Marcus R Abbe. (Attachments: #1 Exhibit Exhibit 82 (Part 1 of 2) to Declaration of Christopher D. Nissen, #2 Exhibit Exhibit 82 (Part 2 of 2) to Declaration of Christopher D. Nissen)(Malik, M) (lao). missing signature
June 27, 2008 Filing 407 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 15 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 406 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 14 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 405 RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Memorandum of Points and Authorities in Support of Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Colella, Steve) (lao). wrong s/ signature; missing certificate of service
June 27, 2008 Filing 404 EVIDENTIARY OBJECTIONS filed as RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Plaintiffs' Notice of Evidentiary Objections in Support of Opposition #385 to Defendants' Motion for Partial Summary Judgment filed by Brett H Burkett, Marcus R Abbe. (Malik, M) (lao). wrong s/ signature
June 27, 2008 Filing 403 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 13 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 402 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendim - Vol. 12 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 401 EXHIBITS 60 to 81 filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Exhibits 60 to 69 and Exhibits 70 to 81 to Declaration of Steve J. Colella in Support of Plaintiffs' Opposition #385 to Defendants' Motion for Partial Summary Judgment filed by Brett H Burkett, Marcus R Abbe. (Attachments: #1 Exhibit Exhibits 70 to 81 to Declaration of Steve J. Colella)(Malik, M) (lao).
June 27, 2008 Filing 400 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 11 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 399 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 10 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 398 EXHIBITS 51 to 59 filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Exhibits 51 to 55 and Exhibits 56 to 59 to Declaration of Steve J. Colella in Support of Plaintiffs' Opposition #385 to Defendants' Motion for Partial Summary Judgment filed by Brett H Burkett, Marcus R Abbe. (Attachments: #1 Exhibit Exhibits 56 to 59 to Declaration of Steve J. Colella)(Malik, M) (lao).
June 27, 2008 Filing 397 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 9 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 396 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendim - Vol. 8 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 395 EXHIBITS 36 to 50 filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Exhibits 36 to 40 and Exhibits 41 to 50 to Declaration of Steve J. Colella in Support of Plaintiffs' Opposition #385 to Defendants' Motionfor Partial Summary Judgment filed by Brett H Burkett, Marcus R Abbe. (Attachments: #1 Exhibit Exhibits 41 to 50 to Declaration of Steve J. Colella)(Malik, M)(lao).
June 27, 2008 Filing 394 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 7 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 393 First and Second Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 6 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 392 EXHIBITS 25 to 35 filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Exhibits 25 to 29 and Exhibits 30 to 35 to Declaration of Steve J. Colella in Support of Plaintiffs' Opposition #385 to Defendants' Motion for Partial Summary Judgment filed by Brett H Burkett, Marcus R Abbe. (Attachments: #1 Exhibit Exhibits 30 to 35 to Declaration of Steve J. Colella)(Malik, M) (lao).
June 27, 2008 Filing 391 First Compendium of Declarations in support filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 5 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 390 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 4 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 389 DECLARATION of Steve J. Colella filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim Declaration of Steve J. Colella in Support of Plaintiffs' Opposition #385 to Defendants' Motion for Partial Summary Judgment filed by Brett H Burkett, Marcus R Abbe. (Attachments: #1 Exhibit Exhibits 1 and 2 to Declaration of Steve J. Colella, #2 Exhibit Exhibits 3 to 14 to Declaration of Steve J. Colella, #3 Exhibit Exhibits 15 to 24 to Declaratino of Steve J. Colella)(Malik, M) (lao).
June 27, 2008 Filing 388 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 3 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 387 First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim First Compendium - Vol. 2 of 24 in support of Plaintiffs' Opposition #385 filed by Brett H Burkett. (Nissen, Christopher)(lao). missing certificate of service
June 27, 2008 Filing 386 Statement regarding First Compendium of Declarations filed as AFFIDAVIT in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim in support of Plaintiffs' Opposition #385 filed by Brett H Burkett, Marcus R Abbe. (Attachments: #1 Declaration First Compendum - Vol. 1 of 24)(Nissen, Christopher) (lao). missing certificate of service
June 27, 2008 Filing 385 RESPONSE in Opposition re #327 MOTION for Summary Judgment re Breach of Contract Claim filed by Brett H Burkett, Marcus R Abbe. (Nissen, Christopher) (lao). missing certificate of service
June 25, 2008 Opinion or Order Filing 384 ORDER granting #365 Motion to Approve the Substitution of Attorneys for listed Plaintiffs filed with the Court. Signed by Magistrate Judge Ruben B. Brooks on 6/25/08. (lao) (av1).
June 25, 2008 Filing 383 MOTION to Appoint Counsel Amend Consolidated Ex Parte Application for Order Approving Plaintiffs' Substitutions of Attorney for the Petersen Law Firm; Declaration of Elizabeth A. Barker; Signed Substitutions of Attorney by Marcus R Abbe. (Attachments: #1 Exhibit A (Part 1 of 3) to Plaintiffs' Ex Parte Application, #2 Exhibit A (Part 2 of 3) to Plaintiffs' Ex Parte Application, #3 Exhibit A (Part 3 of 3) to Plaintiffs' Ex Parte Application, #4 Exhibit B (Part 1 of 3) to Plaintiffs' Ex Parte Application, #5 Exhibit B (Part 3 of 3) to Plaintiffs' Ex Parte Application, #6 Exhibit B (Part 2 of 3) to Plaintiffs' Ex Parte Application, #7 Proof of Service)(Petersen, Gregory) (lao). Contacted Attny re signature
June 25, 2008 Opinion or Order Filing 382 ORDER granting #366 Ex parte Application approving Plaintiffs' Subsitutions of Attorney for Jackson Demarco Tidus & Peckenpaugh. (1) It is Ordered adjudged and decreed Plaintiffs identified in Attachment A, hereto, shall be represented by Jackson, DeMarco, Tidus & Peckenpaugh; and (2) It is hereby further Ordered Plaintiffs not identified in Attachment A and who also have not submitted a signed substitution of attorney form shall be represented by Jackson, DeMarco, Tidus & Peckenpaugh. Signed by Magistrate Judge Ruben B. Brooks on 6/25/08. (lao) (av1).
June 24, 2008 Opinion or Order Filing 381 ORDER denying Ex Parte Application for Continuance re #374 Motion. Signed by Judge Dana M. Sabraw on 6/24/08. (lao)(av1).
June 23, 2008 Filing 380 REPLY re #373 Reply, to Consolidated Response of Jackson DeMarco Tidus & Peckenpaugh to Objection of Petersen Law Firm to Magistrtae Ruben B. Brooks' May 19, 2008 Order [Dkt. No. 252] filed by Marcus R Abbe. (Attachments: #1 Declaration of Diana L. Lawrence, #2 Declaration of Heidi Hawley, #3 Declaration of Christopher C. Larson, #4 Exhibit A to Declaration of Christopher C. Larson, #5 Declaration of Charles Peck, #6 Exhibit A to Declaration of Charles Peck, #7 Proof of Service)(Petersen, Gregory) (lao). No Hearing date and time
June 23, 2008 Filing 379 MOTION to Amend/Correct #374 MOTION to Continue Ex Parte Application for Order Setting a Status Conference to Set a REasonable Continuance of Defendant's Motion for Partial Summary Judgment Hearing and Briefing Schedule (missing pg. 3 in previously filed by Marcus R Abbe. (Petersen, Gregory) (lao). Contacted Attny re signature
June 17, 2008 Filing 378 NOTICE by Marcus R Abbe of Hearing on Consolidated Objection of Petersen Law Firm to Magistrate Ruben B. Brooks' May 19, 2008 Order [DKT. NO. 252] (Petersen, Gregory)(lao). Proof of Service filed as separate entry #377
June 17, 2008 Filing 377 REPLY re #375 Response in Opposition to Motion, Reply to Defendant of City of San Diego's Opposition to Plaintiff's Ex Parte Application for Status Conference to Continue Hearing on City's Motion for Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao).
June 16, 2008 Filing 376 RESPONSE in Opposition re #374 MOTION to Continue Ex Parte Application for Order Setting a Status Conference to Set a REasonable Continuance of Defendant's Motion for Partial Summary Judgment Hearing and Briefing Schedule filed by Marcus R Abbe. (Attachments: #1 Proof of Service Opposition re Motion for Order Setting A Status Conference To Continue The Motions for Summary Judgment Hearings and Briefing Schedule)(Nissen, Christopher) (lao).
June 16, 2008 Filing 375 RESPONSE in Opposition re #374 MOTION to Continue Ex Parte Application for Order Setting a Status Conference to Set a REasonable Continuance of Defendant's Motion for Partial Summary Judgment Hearing and Briefing Schedule filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
June 13, 2008 Filing 374 MOTION to Continue Ex Parte Application for Order Setting a Status Conference to Set a REasonable Continuance of Defendant's Motion for Partial Summary Judgment Hearing and Briefing Schedule by Marcus R Abbe. (Attachments: #1 Declaration of Gregory G. Petersen, #2 Exhibit A to Declaration of Gregory G. Petersen, #3 Exhibit B to Declaration of Gregory G. Petersen, #4 Declaration of Elizabeth A. Barker, #5 Exhibit A to Declaration of Elizabeth A. Barker, #6 Exhibit B to Declaration of Elizabeth A. Barker, #7 Exhibit C to Declaration of Elizabeth A. Barker, #8 Exhibit D to Declaration of Elizabeth A. Barker, #9 Exhibit E to Declaration of Elizabeth A. Barker, #10 Exhibit F to Declaration of Elizabeth A. Barker, #11 Exhibit G to Declaration of Elizabeth A. Barker, #12 Exhibit H to Declaration of Elizabeth A. Barker, #13 Request for Judicial Notice, #14 Proof of Service)(Petersen, Gregory) (lao). Contacted Attny re signature
June 9, 2008 Filing 373 REPLY re #364 Objection, Consolidated Response of Jackson DeMarco Tidus & Peckenpaugh, A Law Corporation, To Objection of Petersen Law Firm to Magistrate Ruben B. Brooks May 19, 2008 filed by Marcus R Abbe. (Attachments: #1 Proof of Service of Consolidated Response of Jackson DeMarco Tidus & Peckenpaugh, A Law Corporation, To Objection of Petersen Law Firm to Magistrate Ruben B. Brooks May 19, 2008 Order)(Nissen, Christopher) (mjj)
June 2, 2008 Filing 372 CERTIFICATE OF SERVICE by Marcus R Abbe re #366 Notice (Other), Notice (Other) (Nissen, Christopher) (lao).
June 2, 2008 Filing 371 NOTICE by Marcus R Abbe re #366 Notice (Other), Notice (Other) (Attachments: #1 Exhibit Attachments "15" and "16" of "16")(Nissen, Christopher) (lao).
June 2, 2008 Filing 370 NOTICE by Marcus R Abbe re #366 Notice (Other), Notice (Other) (Attachments: #1 Exhibit Attachments "12" and "13" of "16", #2 Exhibit Attachment "14" of "16")(Nissen, Christopher) (lao).
June 2, 2008 Filing 369 NOTICE by Marcus R Abbe re #366 Notice (Other), Notice (Other) (Attachments: #1 Exhibit Attachments "9" and "10" of "16", #2 Exhibit Attachment "11" of "16")(Nissen, Christopher)(lao).
June 2, 2008 Filing 368 NOTICE by Marcus R Abbe re #366 Notice (Other), Notice (Other) (Attachments: #1 Exhibit Attachments "6" and "7" of "16, #2 Exhibit Attachment "8" of "16")(Nissen, Christopher) (lao).
June 2, 2008 Filing 367 NOTICE by Marcus R Abbe re #366 Notice (Other), Notice (Other) (Attachments: #1 Exhibit Attachments "3" and "4" of "16", #2 Exhibit Attachment "5" of "16")(Nissen, Christopher) (lao).
June 2, 2008 Filing 366 Ex Parte Application filed as NOTICE by Marcus R Abbe Ex Parte Application For Order Approving Plaintiffs' Substitutions of Attorney For Jackson DeMarco Tidus & Peckenpaugh; Declaration of Christopher D. Nissen; Signed Substitutions of Attorney (Attachments: #1 Exhibit Attachment "1" of "16", #2 Exhibit Attachment "2" of "16")(Nissen, Christopher) Modified text on 6/11/2008to reflect document type (lao).
June 2, 2008 Filing 365 MOTION to Appoint Counsel re Substitution of Attorneys for Listed Plaintiffs Filed with the Court by Marcus R Abbe. (Attachments: #1 Proof of Service)(Petersen, Gregory) (lao). No points and authorities. Contacted Attny re signature
May 30, 2008 Filing 364 OBJECTION by Marcus R Abbe Objection to Magistrate Judge Ruben B. Brooks' May 19, 2008 Order (252) to the District Court Judges Marilyn L. Huff and Dana M. Sabraw (Attachments: #1 Declaration of Elizabeth A. Barker, #2 Exhibit "A" to Declaration of Elizabeth A. Barker, #3 Exhibit "B" to Declaration of Elizabeth A. Barker, #4 Proof of Service)(Petersen, Gregory) (lao). Contacted Attny re signature
May 21, 2008 Filing 363 NOTICE of Withdrawal of Motion to be relieved as Counsel of Record by Marcus R Abbe re #332 MOTION to Withdraw as Attorney Notice of Motion and Motion To Be Relieved As Counsel Of Record as to Plaintiffs Christopher Larson, Janice Peck and Charles Peck Only; Attorney Declaration of Christopher D. Nissen (L.R. 83-2.9.2.1) and Exhibits MOTION to Withdraw as Attorney Notice of Motion and Motion To Be Relieved As Counsel Of Record as to Plaintiffs Christopher Larson, Janice Peck and Charles Peck Only; Attorney Declaration of Christopher D. Nissen (L.R. 83-2.9.2.1) and Exhibits Notice of Withdrawal of Motion to be Relieved as Counsel of Record (Nissen, Christopher) Modified text on 5/23/2008 to reflect document title (lao).
May 19, 2008 Opinion or Order Filing 362 Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks:A continued hearing was held on the Ex Parte Application for Order that Jackson DeMarco is Counsel for Plaintiffs and Gregory Petersen is Not, Absent Further Court Order #307 . By June 2, 2008, Gregory Petersen and the law firm Jackson DeMarco Tidus Peckenpaugh shall each file a motion to approve the substitution of attorneys for listed Plaintiffs reflected in the substitution forms on file. Any Plaintiffs who have not responded to requests for signed substitutions by 6/2/08, will fall into the default category. Based on the evidence in the record, the Court finds that these Plaintiffs will be represented by Jackson DeMarco Tidus Peckenpaugh, but they are free to substitute counsel at any time. Signed by Magistrate Judge Ruben B. Brooks on 5/19/08. (Tape #RBB08-1:10:17:31-10:54:51 & 10:55:00-10:55:23).(Plaintiff Attorney Christopher Nissen, Roger Franks-N/A, Robert Gerber, David Carr, Gregory Petersen).(Defendant Attorney Peter Benzian, Reginald Vitek, George Schaefer, Colleen Smith, Don McGrath).(lao) Modified on 5/20/2008 (lao).(kaj).
May 15, 2008 Filing 361 CERTIFICATE OF SERVICE by Marcus R Abbe (Petersen, Gregory) (lao). Contacted Attny re attachments
May 15, 2008 Filing 360 NOTICE Regarding Exhibit Attachment to #365 MOTION - per Order #466 - previously filed as: MOTION to Substitute Attorney Petersen Law Firm in place and stead of Jackson DeMarco Tidus Petersen and Peckenpaugh, aka Jackson DeMarco Tidus and Peckenpaugh by Stephen E Webb, Jordan V Wells, Michael S Williams, Eric A Wiseman, Michael V Yaptangco, Joseph T Waggaman, Andrew J Spagnolo, Robert G Stites, Roger A Stonier, Jr, Christopher M Tews, Freddie B Thornton, Jr, John M Tracy. (Petersen, Gregory) (lao). Modified text on 7/3/2008 to reflect document as exhibit (lao).
May 15, 2008 Filing 359 NOTICE Regarding Exhibit Attachment to #365 MOTION - per Order #466 - previously filed as: MOTION to Substitute Attorney Petersen Law Firm in place and stead of Jackson DeMarco Tidus Petersen and Peckenpaugh, aka Jackson DeMarco Tidus and Peckenpaugh by Phillip A Martz, Jr, Charles J Peck, III, Jacob M Resch, Ronald L Rice, Pia A Iversen, Mark S Hodges, Thomas E Hoenes, Frank J Hoerman, David A Hoffman, Robert F Jackson, Patricia R Krall, Ronald W LeMaster, Anthony J Linardi, Jr, Christopher M Luce, Sharon A McFalls, Scott D McLellan, Craig R Reesor, Glen R Scherer, Steve D Schnick, Paul W Schwenn. (Petersen, Gregory) (lao). Modified text on 7/3/2008 to reflect document as exhibit (lao).
May 15, 2008 Filing 358 NOTICE Regarding Exhibit Attachment to #365 MOTION - per Order #466 - previously filed as: MOTION to Substitute Attorney Petersen Law Firm in place and stead of Jackson DeMarco Tidus Petersen and Peckenpaugh, aka Jackson DeMarco Tidus and Peckenpaugh by Francis M Cali, William G Day, Ronald D Glass, Michael J Gottfried, Robert C Burlison, Robert W Herzig, Frank L Caropreso, Brent E Cisneros, Raymond P Clark, Sr, Donald R Cone, Brian K Cornell, Ralph A Cummings, Jerome Dawson, Edward A DeVowe, Mark S Annis, Alejandro M Fernandez, Paul B Geis, Juan J Gomez, Kenneth P Hodges, Sr. (Petersen, Gregory) (lao). Modified text on 7/3/2008 to reflect document as exhibit (lao).
May 15, 2008 Filing 357 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao). Contacted Attny re signature on proof of service
May 15, 2008 Filing 356 CERTIFICATE OF SERVICE by Marcus R Abbe (Petersen, Gregory) (lao).
May 14, 2008 Filing 355 NOTICE Regarding Exhibit Attachment to #365 MOTION - per Order #466 - previously filed as: MOTION to Substitute Attorney Petersen Law Firm in place and stead of Jackson DeMarco Tidus Petersen and Peckenpaugh, aka Jackson DeMarco Tidus and Peckenpaugh by Charles J Belletti, Frank J Brito, Alejandro Diaz, Christopher M Brush, Lawrence B Cahill, Arthur D Doherty, III, Blake A Cheary, John C Clark, Robert M Cornett, Fenella R Custer, Christine M Farmer, Andrew L Fellows, Jeffrey M Fellows, Kevin B Friedman, Troy A Gibson, Robert I Gilbert, Buddy L Johnson, II, Kevin S Barnard, Carole J Beason, Rebecca E Bigbie, Robert R Bigbee, Dennis Bishop. (Petersen, Gregory)(lao). Modified text on 7/3/2008 to reflect document as exhibit (lao).
May 14, 2008 Filing 354 NOTICE Regarding Exhibit Attachment to #365 MOTION - per Order #466 - previously filed as: MOTION to Substitute Attorney Petersen Law Firm in place and stead of Jackson DeMarco Tidus Petersen and Peckenpaugh, aka Jackson DeMarco Tidus and Peckenpaugh by Suzanne Huntington, Heidi Hawley, Michael J Gottfried, Michael Groff, Crystal A Hernandez, Larry D Holloway, Christopher C Larson, John Letteri, Jordi Gonzalez, Roger E Hatch, Dona Hufford, Ty L Hufford, Gregory A Jebb, Joseph J Krouss, Kazimierz P Lewak, Alfred Lozano, George N Maglaras, Bryan M Manning, David R Marshall. (Petersen, Gregory) (lao). Modified text on 7/3/2008 to reflect document as exhibit (lao).
May 14, 2008 Filing 353 NOTICE Regarding Exhibit Attachment to #365 MOTION - per Order #466 - previously filed as: MOTION to Substitute Attorney Petersen Law Firm in place and stead of Jackson DeMarco Tidus Petersen and Peckenpaugh, aka Jackson DeMarco Tidus and Peckenpaugh by Angela M Zdunich-Goldman, James A Zirpolo, Donna Wescott, Edward Garrick Nugent, Jr, larry J Robertson, II, Anthony J Spagnolo, Joseph R Steffen, Murdock E Weltzien, Michael C McCollough, Mark F McCullough, David L Mitchell, Michael C Nigro, Gilbert L Ninness, Heather J Petty, Cody K Schaaf, Philip J Stanley, Michael T Tansey. (Petersen, Gregory) (lao). Modified text on 7/3/2008 to reflect document as exhibit (lao).
May 14, 2008 Filing 352 NOTICE Regarding Exhibit Attachment to #365 MOTION - per Order #466 - previously filed as: MOTION to Substitute Attorney Petersen Law Firm in place and stead of Jackson DeMarco Tidus Petersen and Peckenpaugh, aka Jackson DeMarco Tidus and Peckenpaugh by Steven R Waldheim, Angela M Zdunich-Goldman, James A Zirpolo, Donna Wescott, Murdock E Weltzien. (Petersen, Gregory) (lao). Contacted Attny re signature. Modified text on 7/3/2008 to reflect document as exhibit (lao).
May 14, 2008 Filing 351 NOTICE by Marcus R Abbe Notice Of Aaron Plaintiffs Electing Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao). Contacted Attny re signature on proof of service
May 14, 2008 Filing 350 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 349 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 348 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 347 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 346 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 345 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 344 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 343 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 342 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 341 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 340 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 339 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 338 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 14, 2008 Filing 337 NOTICE by Marcus R Abbe Notice Of Certain Plaintiffs' Election Of Jackson DeMarco Tidus & Peckenpaugh As Attorneys Of Record (Nissen, Christopher) (lao).
May 8, 2008 Opinion or Order Filing 336 MINUTE ORDER: The hearing on the Motion to be Relieved as Counsel of Record #332 set for 6/2/08 at 10:30 AM is Vacated. (Motion Hearing reset for 6/30/2008 10:00 AM before Magistrate Judge Ruben B. Brooks.) The law firm Jackson DeMarco Tidus & Peckenpaugh is admonished that no future motions may be filed without first obtaining a hearing date from the Court. Signed by Magistrate Judge Ruben B. Brooks on 5/8/08. (Plaintiffs Attorney Christopher Nissen, Roger Franks, Robert Gerber, David Carr, Gregory Petersen). (Defendants Attorney Peter Benzian, Reginald Vitek, George Schaefer).(lao) (kaj).
May 7, 2008 Opinion or Order Filing 335 ORDER Granting #333 Request for Coordination of Motions to Be Relieved as Counsel of Record through Magistrate Ruben B. Brooks. Signed by Judge Dana M. Sabraw on 5/7/08. (lao) (av1).
May 6, 2008 Filing 334 TRANSCRIPT of Proceedings held on 4/14/2008 before Judge Ruben B. Brooks. Court Reporter: Echo Reporting. (leh)
May 1, 2008 Filing 333 NOTICE by Marcus R Abbe Request For Coordination Of Motions To Be Relieved As Counsel Of Record Through Magistrate Reuben B. Brooks (Nissen, Christopher) (lao).
May 1, 2008 Filing 332 Document Withdrawn - see entry #363 . MOTION to Withdraw as Attorney Notice of Motion and Motion To Be Relieved As Counsel Of Record as to Plaintiffs Christopher Larson, Janice Peck and Charles Peck Only; Attorney Declaration of Christopher D. Nissen (L.R. 83-2.9.2.1) and Exhibits by Marcus R Abbe. (Nissen, Christopher) (lao). Contacted Attny re separately captioned memorandum of points and authorities Modified text on 5/23/2008 to reflect withdrawal of document (lao).
April 30, 2008 Filing 331 NOTICE of Appearance by M Alim Malik on behalf of Marcus R Abbe (Malik, M) (lao).
April 30, 2008 Filing 330 NOTICE OF FIRM NAME CHANGE (Nissen, Christopher) Modified text on 5/1/2008 to include firm (lao).
April 25, 2008 Filing 329 DECLARATION filed as MOTION for Summary Judgment Declaration of Kelli Moro and Exhibits by City of San Diego Califoria. (Attachments: #1 Exhibit 1 and 2:1, #2 Exhibit 2:2, #3 Exhibit 2:3, #4 Exhibit 2:4, #5 Exhibit 2:5, #6 Exhibit 2:6, #7 Exhibit 2:7, #8 Exhibit 2:8, #9 Exhibit 2:9, #10 Exhibit 2:10, #11 Exhibit 2:11, #12 Exhibit 2:12)(Thomas, Aryn) Modified text on 4/28/2008 to reflect document type (lao).
April 25, 2008 Filing 328 DECLARATION filed as MOTION for Summary Judgment Thomas Declaration and Exhibits by City of San Diego Califoria. (Attachments: #1 Exhibit 1-5 to Thomas Decl, #2 Exhibit 6-15, #3 Exhibit 16-28, #4 Exhibit 29-47, #5 Declaration 48-65, #6 Exhibit 66-80, #7 Exhibit 81-97, #8 Exhibit 98-121, #9 Exhibit 122-145, #10 Exhibit 146-150)(Thomas, Aryn) Modified text on 4/28/2008 to reflect document type (lao).
April 25, 2008 Filing 327 MOTION for Summary Judgment re Breach of Contract Claim by City of San Diego Califoria. (Attachments: #1 Memo of Points and Authorities in Support of City's Motion for Partial Summary Judgment re Breach of Contract Claim, #2 Statement of Facts, #3 Request for Judicial Notice, #4 Declaration of Scott Chadwick and Exhibits, #5 Declaration of Paul Cooper and Exhibits, #6 Declaration of Karen DeCrescenzo, #7 Declaration of Cheryl Merritt, #8 Proof of Service)(Thomas, Aryn) (lao).
April 16, 2008 Opinion or Order Filing 326 MINUTE ORDER: This order supplements this Court's minute order filed on 4/14/08. For the reasons stated at the hearing on 4/14/08, the Ex Parte Application for Order Striking the Appearances of Jackson DeMarco Tidus Petersen & Peckenpaugh After 3/4/08 in this Matter #317 is Denied. The Request for Order Clarifying Minute Order of April 2, 2008 #320 is also denied. Signed by Magistrate Judge Ruben B. Brooks on 4/15/08.(Plaintiff Attorney Christopher Nissen, Roger Franks, Robert Gerber, David Carr, Gregory Petersen).(Defendant Attorney Peter Benzian, Reginald Vitek, George Schaefer) (lao) (kaj).
April 14, 2008 Opinion or Order Filing 325 Minute Order. A hearing was held on the Ex Parte Application for Order that Jackson, DeMarco is Counsel for Plaintiffs and Gregory Petersen is Not, Absent further Court Order re #307 . Plaintiff shall sign a Substitution of Attorney Form stating who he or she wants to represent the Plaintiff. The Notice and attached substitutions shall be filed within thirty days of the entry of this Order. (Motion Hearing continued to 5/19/2008 10:00 AM in Courtroom B before Magistrate Judge Ruben B. Brooks). Signed by Magistrate Judge Ruben B. Brooks on 4/14/08. (Plaintiff Attorney Christopher Nissen, Roger Franks, Robert Gerber, David Carr, Gregory Petersen).(Defendant Attorney Peter Benzian, Reginald Vitek, George Schaefer). (lao)(kaj).
April 14, 2008 Filing 324 CERTIFICATE OF SERVICE filed as AFFIDAVIT re #323 Declaration, #322 Declaration,,, Certificate of Service by Plaintiff Marcus R Abbe. (Petersen, Gregory) Modified text on 4/15/08 to reflect document type (lao). Contacted Attny re attachments
April 14, 2008 Filing 323 DECLARATION re #321 Reply,, Declaration of Henry L. Castro by Plaintiff Marcus R Abbe. (Attachments: #1 Declaration of Stephen Thorn, #2 Declaration of Charles J. Peck, #3 Declaration of Janice H. Peck)(Petersen, Gregory) (lao).
April 14, 2008 Filing 322 DECLARATION of Arthur D. Doherty by Plaintiff Marcus R Abbe. (Attachments: #1 Declaration of Alfred Lorano, #2 Declaration of Lawrence B. Cahill, #3 Declaration of Ronald W. LeMaster, #4 Declaration of Dona Hufford, #5 Declaration of Michael Gottfried, #6 Declaration of Donald Albright, #7 Declaration of Mark S. Hodges, #8 Declaration of Donna Wescott, #9 Declaration of Heidi L. Hawley, #10 Declaration of Bryan Manning, #11 Declaration of Christopher M. Velovich, #12 Declaration of Kazimierz P. Lewak, #13 Declaration of Jerry Kriebel II, #14 Declaration of Steven Witt, #15 Declaration of James A. Zippolo, #16 Declaration of Michael McCollough, #17 Declaration of Troy Gibson, #18 Declaration of Jose J. Arguelles, #19 Declaration of Juan J. Gomez)(Petersen, Gregory) (lao).
April 11, 2008 Filing 321 Memorandum of Points and Authorities Re Actual and Potential Conflicts of Interest filed as REPLY re #320 Reply, filed by Marcus R Abbe. (Attachments: #1 Exhibit A - Declaration of Deanna Mory#2 Exhibit B - Declaration of Gregory G. Petersen#3 Exhibit C - Declaration of Dale Mason#4 Exhibit D - Declaration of Christopher Larson#5 Exhibit E - Declaration of Elizabeth A. Barker#6 Exhibit F - Declaration of Joyce Kelly#7 Exhibit G - Declaration of James Nicholson#8 Proof of Service)(Petersen, Gregory) Modified text on 4/14/2008 to reflect document title (lao). Contacted Attny re signature and attachments
April 11, 2008 Filing 320 Request for Order Clarifying Minute Order of April 2, 2008 filed as REPLY re #315 Order, Set Motion and R&R Deadlines/Hearings filed by Marcus R Abbe. (Attachments: #1 Declaration of Gregory G. Petersen as Retained Counsel for the Individual Plaintiffs#2 Exhibit A to Declaration of Gregory G. Petersen#3 Exhibit B to Declaration of Gregory G. Petersen#4 Exhibit C to Declaration of Gregory G. Petersen#5 Proof of Service)(Petersen, Gregory) Modified text on 4/14/2008 to reflect document title (lao). Contacted Attny re signature
April 7, 2008 Filing 319 CERTIFICATE OF SERVICE filed as RESPONSE in Opposition re #317 MOTION Ex Parte Application for Order Striking the Appearances of Jackson DeMarco Tidus Petersen Peckenpaugh After March 4, 2008 in this matter Proof of Service to Opposition to the Ex Parte Application of Gregory Petersen filed by Jackson, DeMarco, Tidus, Petersen & Peckenpaugh. (Gerber, Robert) Modified text on 4/8/2008 to reflect document title (lao). Contacted Attny re attachments
April 7, 2008 Filing 318 RESPONSE in Opposition re #317 MOTION Ex Parte Application for Order Striking the Appearances of Jackson DeMarco Tidus Petersen Peckenpaugh After March 4, 2008 in this matter Plaintiffs' and Plaintiffs' Counsel's Opposition to the Ex Parte Application of Gregory Petersen For Order Striking the Appearances of Jackson DeMarco Tidus Petersen & Peckenpaugh After March 4, 2008 In This Matter filed by Jackson, DeMarco, Tidus, Petersen & Peckenpaugh. (Attachments: #1 Declaration Ruth Mijuskovic#2 Proof of Service of Opposition to Petersen's Ex Parte)(Gerber, Robert) (lao).
April 4, 2008 Filing 317 MOTION Ex Parte Application for Order Striking the Appearances of Jackson DeMarco Tidus Petersen Peckenpaugh After March 4, 2008 in this matter by Marcus R Abbe. (Attachments: #1 Declaration of Diana Lawrence in Support Thereof and Re Notice#2 Proof of Service)(Petersen, Gregory)(lao). Contacted Attny re signature and separately captioned memorandum of points and authorities
April 4, 2008 Filing 316 NOTICE by Marcus R Abbe Notice of Firm Name Change for Plaintiff (Nissen, Christopher) (lao).
April 2, 2008 Opinion or Order Filing 315 MINUTE ORDER: Motion Hearing set for 4/14/2008 10:00 AM in Courtroom B before Magistrate Judge Ruben B. Brooks re #307 . Signed by Magistrate Judge Ruben B. Brooks on 4/2/08.(lao)(kaj).
April 1, 2008 Filing 314 SUPPLEMENTAL DOCUMENT by Jackson, DeMarco, Tidus, Petersen & Peckenpaugh Jackson DeMarco's Request For Coordination of Recent Referrals Through Hon. Ruben B. Brooks. (Gerber, Robert) (lao). Contacted Attny re signature
March 26, 2008 Opinion or Order Filing 313 ORDER Referring Ex Parte Application for Order re #307 . The law firm of Jackson, DeMarco, Tidus, Petersen & Peckenpaugh (JDTPP) moves ex parte for an order declaring it (instead of Gregory Petersen) counsel for all Plaintiffs in this action. Gregory Petersen, a former partner of JDTPP, opposes the motion, claiming he represents the Plaintiffs through Petersen Law Firm. The Court hereby refers this matter to Magistrate Judge Brooks for resolution. Signed by Judge Dana M. Sabraw on 3/26/08. (lao) (av1, ).
March 25, 2008 Filing 312 REPLY to Opposition of Gregory Petersen to Ex Parte Application for Order That Jackson De Marco is Counsel for Plaintiffs and Gregory Petersen is Not, Absent Further Court Order filed as RESPONSE in Opposition re #307 MOTION filed by Jackson, DeMarco, Tidus, Petersen & Peckenpaugh. (Attachments: #1 Statement of Facts Objection To, And Request to Strike#2 Declaration of Richard H. Castle, Jr.#3 Exhibit 1-2 to the Declaration of Richard H. Castle, Jr.#4 Proof of Service to Reply of Opposition to Ex Parte)(Gerber, Robert) Modified text on 3/26/2008 (lao).
March 24, 2008 Filing 311 DECLARATION re #310 Response in Opposition to Motion, (Declaration of Deanna Mory) by Plaintiff Marcus R Abbe. (Petersen, Gregory) (lao). Contacted Attny re attachments and proof of service
March 24, 2008 Filing 310 RESPONSE in Opposition re #307 MOTION for Order that Jackson DeMarco is Counsel for Plaintiffs and Gregory Petersen is Not Absent Further Court Order, Declarations of Gregory Petersen, Joyce Kelly and James Nicholson filed by Marcus R Abbe. (Petersen, Gregory) (lao). Contacted Attny re signature and proof of service
March 24, 2008 Filing 309 DECLARATION of Dale Mason in Regard to Opposition to Ex Parte Application for Order that Jackson DeMarco is Counsel for Plaintiffs and Gregory Petersen is Not, Absent Further Court Order by Plaintiff Marcus R Abbe. (Petersen, Gregory)(lao). Contacted Attny re proof of service
March 21, 2008 Filing 308 DECLARATION re #307 MOTION for Order DECLARATION OF ROBERT S. GERBER IN SUPPORT OF EX PARTE APPLICATION BY JACKSON, DeMARCO, TIDUS, PETERSEN & PECKENPAUGH (COUNSEL FOR PLAINTIFFS) by Movant Jackson, DeMarco, Tidus, Petersen & Peckenpaugh. (Attachments: #1 Exhibit EXHIBITS TO DECLARATION OF ROBERT S. GERBER IN SUPPORT OF EX PARTE APPLICATION BY JACKSON, DeMARCO, TIDUS, PETERSEN & PECKENPAUGH, (COUNSEL FOR PLAINTIFFS) AND PLAINTIFFS FOR ORDER THAT JACKSON DeMARCO IS COUNSEL FOR PLAINTIFFS, AND GREGORY PETERSON IS NOT#2 Proof of Service PROOF OF SERVICE TO THE DECLARATION OF GERBER IN SUPPORT OF EX PARTE APPLICATION OF JACKSON, DeMARCO, TIDUS, PETERSEN & PECKENPAUGH, (COUNSEL FOR PLAINTIFFS) AND PLAINTIFFS FOR ORDER THAT JACKSON DeMARCO)(Gerber, Robert) (lao). Contacted Attny re capitalization in text
March 20, 2008 Filing 307 Ex Parte MOTION for Hearing Application For Order That Jackson DeMarco Is Counsel For Plaintiffs and Gregory Petersen Is Not, Absent Further Court Order by Jackson, DeMarco, Tidus, Petersen & Peckenpaugh. (Attachments: #1 Declaration of William M. Nemec In Support of Ex Parte Application#2 Exhibit Exhibit 1 to the Declaration of William M. Nemec#3 Declaration Of Ruth Mijuskovic In Support of Ex Parte Application#4 Exhibit Exhbits 1-2 to the Declaration of Ruth Mijuskovic In Support of Ex Parte Application#5 Proof of Service To The Ex Parte Application For Order That Jackson DeMarco Is Counsel For Plaintiffs and Gregory Petersen Is Not, Absent Further Court Order)(Gerber, Robert) (lao). Contacted Attny re signature
March 20, 2008 Filing 306 NOTICE of Appearance by Robert S Gerber on behalf of Jackson, DeMarco, Tidus, Petersen & Peckenpaugh (Gerber, Robert) (lao).
March 20, 2008 Filing 305 NOTICE of Appearance by John D Collins on behalf of Jackson, DeMarco, Tidus, Petersen & Peckenpaugh (Collins, John) (lao).
March 19, 2008 Opinion or Order Filing 304 ORDER of USCA (Certified Copy) as to #299 Notice of Interlocutory Appeal. The USCA shall file the answer to the petition for permission to appeal received 3/3/2008. The petition for permission to appeal is denied. (leh)
March 14, 2008 Filing 303 NOTICE of Change of Address by Gregory Glenn Petersen (Attachments: #1)(Petersen, Gregory)(lao).
March 14, 2008 Filing 302 DOCUMENT RE-FILED - SEE ENTRY #303 - NOTICE of Change of Address by Gregory Glenn Petersen (Attachments: #1 Certificate of Service)(Petersen, Gregory) Modified text on 3/18/2008 (lao).
March 3, 2008 Filing 301 USCA Case Number 08-80021 for #299 Notice of Interlocutory Appeal.(leh)
February 22, 2008 Filing 300 NOTICE by Marcus R Abbe re #299 Notice of Interlocutory Appeal Transcript Designation and Ordering Form (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified on 2/25/2008 to indicate requested date of 9/14/2007. (leh).
February 14, 2008 Filing 299 NOTICE OF INTERLOCUTORY APPEAL as to #265 Order on Motion for Summary Judgment, #296 Order on Motion to Certify filed by all Plaintiffs. (Filing Fee Paid, Receipt #147632). (leh)
February 12, 2008 Opinion or Order Filing 296 ORDER granting in part and denying in part #291 Plaintiff's Ex Parte Motion to Certify Issues for Interlocutory Appeal. The Court certifies the Appealable Issues decided in the Summary Judgment Order for interlocutory appeal to the Court of Appeals for the Ninth Circuit and stays further proceedings in this Court pending a decision on Plaintiffs petition for interlocutory review. Certification of the Reconsideration Order and the issues decided therein is denied. Signed by Judge Dana M. Sabraw on 2/12/08. (vrp)
February 11, 2008 Filing 298 Defendant's Opposition to Plaintiffs' Request #297 for Protective Order re #295 . (lao)(av1, ).
February 11, 2008 Filing 297 Plaintiffs' Ex Parte Application for a Protective Order re #295 Order. (lao)(av1, ).
February 11, 2008 Opinion or Order Filing 295 ORDER Denying Protective Order. Signed by Judge Ruben B. Brooks on 2/11/08. Plaintiffs have failed to show good cause for granting the relief requested. Accordingly, their Ex Parte Application for a Protective Order to Preclude the Taking of the Depositions of (1) William Stutz, (2), Steve McMillan, (3) Richard Hinzo, (4) George O'Rourke, and (5) David Beathard is denied. Signed by Magistrate Judge Ruben B. Brooks on 2/11/08.(lao) (av1, ).
February 8, 2008 Filing 294 RESPONSE to Motion re #291 Ex Parte MOTION to Certify this Court's Order of February 4, 2008 and Request for Temporary Stay filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
February 8, 2008 Opinion or Order Filing 293 ORDER Extending Time to Designate Experts re #292 Motion. It is Hereby Ordered that the Defendant's expert designation and report deadline shall be continued from 2/12/08 to 2/15/08. Both parties' supplemental expert designation and reports shall be continued from 3/25/08 to 3/28/08. Signed by Judge Ruben B. Brooks on 2/8/08. (lao) (av1, ).
February 7, 2008 Filing 292 Joint MOTION for Extension of Time to File Expert Designation and Reports by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen)(lao).
February 7, 2008 Filing 291 Ex Parte MOTION to Certify this Court's Order of February 4, 2008 by Marcus R Abbe. (Attachments: #1 Declaration of Steve J. Colella in support of Plaintiffs' Ex Parte Application for Certification of this Court's Order of February 4, 2008#2 Proof of Service)(Colella, Steve) (lao).
February 4, 2008 Opinion or Order Filing 290 ORDER Denying Defendant's Ex Parte Application for an Order extending time to Designate Experts re #286 Motion. Signed by Judge Ruben B. Brooks on 2/4/08. (lao) (av1, ).
February 4, 2008 Opinion or Order Filing 289 ORDER denying Plaintiffs' Motion to Disqualify City Attorney from further Proceedings re #279 Motion. As there is no substantial relationship between the instant action and the former clients actions, and the current conflict of interest between Mr. Schneider and the Defendant was appropriately waived, the Court finds in its discretion that disqualification of the City Attorney is unwarranted. The motion and application for fees are denied. Signed by Judge Dana M. Sabraw on 2/4/08. (lao)(av1, ).
February 4, 2008 Opinion or Order Filing 288 ORDER denying Plaintiffs' Amended Motion for Reconsideration re #267 Motion and #272 Amended Motion. The Motion for Reconsideration and Clarification is denied, and leave to file an interlocutory appeal as indicated is granted. Signed by Judge Dana M. Sabraw on 2/4/08. (lao) (av1, ).
February 1, 2008 Filing 287 RESPONSE in Opposition re #286 Ex Parte MOTION for Extension of Time to File Expert Designations and Reports Plaintiffs' Opposition to Defendant City of San Diego's Ex Parte Application for an Order Extending Time to Designate its Experts filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Colella, Steve) (lao).
January 31, 2008 Filing 286 Ex Parte MOTION for Extension of Time to File Expert Designations and Reports by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen C. Smith ISO City's Ex Parte Application for Order Extending Time to Designate Its Experts#2 Declaration of Aryn P. Thomas ISO City's Ex Parte Application for Order Extending Time to Designate Its Experts#3 Proof of Service)(Smith, Colleen) (lao).
January 29, 2008 Opinion or Order Filing 285 ORDER re Oral Argument. Plaintiff has moved to disqualify the City Attorney from all further proceedings in this case. A hearing on the matter is scheduled for 2/1/08 at 1:30 pm. The matter is suitable for submission without oral argument. No appearances are required at this time. Signed by Judge Dana M. Sabraw on 1/29/08. (lao)(av1, ).
January 29, 2008 Opinion or Order Filing 284 ORDER Re Oral Argument. Plaintiff has moved to disqualify the City Attorney from all further proceedings in this case. A hearing on the matter is scheduled for 2/1/08 at 1:30 PM. The matter is suitable for submission without oral argument. No appearances are required at this time. Signed by Judge Dana M. Sabraw on 1/29/08. (lao) (av1, ).
January 25, 2008 Filing 283 REPLY to Response to Motion re #275 Amended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Amended MOTION for Reconsideration filed by Marcus R Abbe. (Attachments: #1 Request for Judicial Notice of Petitioner San Diego Police Officers' Association's Motion for Hearing on Petition for Writ of Mandate and Order for Declaratory Relief, Part 1 of 4#2 Request for Judicial Notice of Petitioner San Diego Police Officers' Association's Motion for Hearing on Petition for Writ of Mandate and Order for Declaratory Relief, Part 2 of 4#3 Request for Judicial Notice of Petitioner San Diego Police Officers' Association's Motion for Hearing on Petition for Writ of Mandate and Order for Declaratory Relief, Part 3 of 4#4 Request for Judicial Notice of Petitioner San Diego Police Officers' Association's Motion for Hearing on Petition for Writ of Mandate and Order for Declaratory Relief, Part 4 of 4#5 Notice of Plaintiffs' Reply to City's Objections to Evidence In Support of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment on the Fifth Amended Complaint, and, Alternatively Clarify Order#6 Proof of Service)(Nissen, Christopher) Modified text on 1/28/2008 (lao).
January 25, 2008 Filing 282 REPLY to Response to Motion re #279 MOTION to Disqualify Counsel filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (lao). Contacted Attny re signature
January 18, 2008 Filing 281 RESPONSE in Opposition re #279 MOTION to Disqualify Counsel filed by City of San Diego Califoria. (Attachments: #1 Declaration of Walter Chung#2 Declaration of Andrew Jones#3 Declaration of Anna Lonergan#4 Declaration of Sharon Wood#5 Request for Judicial Notice (Part 1 of 2)#6 Request for Judicial Notice (Part 2 of 2))(Schaefer, George) (lao).
January 11, 2008 Filing 280 RESPONSE in Opposition re #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's MotionAmended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion filed by City of San Diego Califoria. (Attachments: #1 Request for Judicial Notice #2 Objections to Declarations of C. Nissen#3 Objections to Plaintiff Declarations#4 Proof of Service)(Smith, Colleen) (lao).
December 28, 2007 Filing 279 MOTION to Disqualify Counsel by Marcus R Abbe. (Attachments: #1 Declaration Declaration of Steve J. Colella in Support of Plaintiffs' Motion to Disqualify City Attorney from Further Proceedings#2 Proof of Service Certificate of Service)(Colella, Steve) (leh)
December 19, 2007 Opinion or Order Filing 278 Order Granting Joint Motion for Modification of Briefing Schedule and Continuation of Hearing Date. It is Hereby Ordered as follows Plaintiffs Amended Motion for Clarification of Order Granting in Part and Denying in Part Defendants Motion for Summary Judgment on the Fifth Amended Complaint, and, Alternatively, for Reconsideration of Order, filed December 14, 2007, is deemed filed as of December 7, 2007. Defendants will file any opposition to Plaintiffs' motion on or before 1/11/2008. Plaintiffs will file any Reply on or before 1/25/2008. The Motion Hearing is continued to 2/1/2008 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 12/19/07. (lao) Additional attachment(s) added on 12/20/2007 (lao, )(mam).
December 14, 2007 Filing 277 Notice of Filing Plaintiff Declarations Supporting Amended Motion for Clarification of Order Granting Summary Adjudication of Issues, and, Alternatively, for Reconsideration of Order by Marcus R Abbe re #276 Declaration,,,,,,, #273 Declaration,,, #275 Amended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration ofAmended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration ofAmended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration ofAmended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's MotionAmended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion, #274 Declaration,,, (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified text on 12/18/2007 (lao).
December 14, 2007 Filing 276 Second Declaration of Christopher D. Nissen in Support of Plaintiffs' Amended Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment on the Fifth Amended Complaint, and, Alternatively, for Reconsideration of Order by Plaintiff Marcus R Abbe re #273 Declaration,,, #275 Amended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration ofAmended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration ofAmended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration ofAmended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's MotionAmended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion, #274 Declaration,,, (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified text on 12/18/2007 (lao).
December 14, 2007 Filing 275 Request for Judicial Notice in Support of Plaintiffs' Amended Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment on the Fifth Amended Complaint, and Alternatively, for Reconsideration of Order by Marcus R Abbe re Amended MOTION for Reconsideration re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's MotionAmended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion, #274 Declaration,,, (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified text on 12/18/2007 (lao).
December 14, 2007 Filing 274 DECLARATION of Christopher Nissen in Support of Plaintiffs' Amended Motion for Reconsideration and to Authenticate Exhibits [Part 2 of 2] by Plaintiff Marcus R Abbe re #273 Declaration,,, #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's MotionAmended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified text on 12/18/2007 (lao).
December 14, 2007 Filing 273 DECLARATION of Christopher Nissen in Support of Plaintiffs' Amended Motion for Reconsideeration and to Authenticate Exhibits [Part 1 of 2] by Plaintiff Marcus R Abbe re #272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's MotionAmended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified text on 12/18/2007 (lao).
December 14, 2007 Filing 272 Amended MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Amended Motion for Reconsideration of Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment on the Fifth Amended Complaint, and, Alternatively, for Clarification Regarding Order by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (lao).
December 11, 2007 Filing 271 Joint MOTION to Continue Joint Motion Requesting Court Order Modifying Briefing Schedule and Continuing Hearing Date on Plaintiffs' Motion for Reconsideration and/or Clarification by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (lao).
December 7, 2007 Filing 270 Notice of Filing Plaintiff Declarations Supporting Motion for Clarification of Order Granting Summary Adjudication of Issues, and, Alternatively, for Reconsideration of Order by Marcus R Abbe re #268 Declaration,, #267 MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Motion and Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Motion and Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for, #269 Declaration,,, (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified text on 12/12/2007 (lao). Contacted Attorney re filing individual Declarations as attachments.
December 7, 2007 Filing 269 DECLARATION re #268 Declaration,, #267 MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Motion and Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Motion and Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for Declaration of Christopher Nissen in Support of Plaintiffs' Motion for Reconsideration and to Authenticate Exhibits [Part 2 of 2] by Plaintiff Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (lao). Contacted Attny re filing attachments.
December 7, 2007 Filing 268 DECLARATION re #267 MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Motion and Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Motion and Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for Declaration of Christopher Nissen in Support of Plaintiffs' Motion for Reconsideration and to Authenticate Exhibits [Part 1 of 2] by Plaintiff Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (lao).
December 7, 2007 Filing 267 MOTION for Reconsideration re #265 Order on Motion for Summary Judgment,,, Order on Motion to Strike,,,, Plaintiffs' Notice of Motion and Motion for Clarification of Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment on the Fifth Amended Complaint, and, Alternatively, for Reconsideration of Order by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher)(lao).
December 4, 2007 Filing 266 MOTION for Disclosure Plaintiffs' Expert Disclosure Pursuant to Rule 26(a) of the Federal Rules of Civil Procedure by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (tkl, ).
November 9, 2007 Opinion or Order Filing 265 ORDER Granting in Part and Denying in Part Defendant's #152 Motion for Summary Judgment on the Fifth Amended Complaint; Denying Plaintiffs' #133 Motion for Partial Summary Judgment or Summary Adjudication on the Fifth Amended Complaint; Granting in Part and Denying in Part Plaintiffs' #148 Motion for Summary Judgment on Defendant's Affirmative Defenses; and Denying Plaintiffs' #158 Motion to Strike. Signed by Judge Dana M. Sabraw on 11/09/07. (jcj)
November 8, 2007 Filing 264 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #263 Notice. (jcj)
November 8, 2007 Filing 263 NOTICE of Lodgment in Support of Plaintiffs' #133 MOTION for Partial Summary Judgment or, Alternatively, Summary Adjudication of Certain Issues Re Uncompensated Hours Worked and Liability Against Defendant City of San Diego, by Marcus R Abbe et al. NUNC PRO TUNC to 09/11/07 (jcj)
November 8, 2007 Opinion or Order Filing 262 Discrepancy Order by Judge Dana M. Sabraw accepting document: Notice of Lodgment from Plaintiffs Marcus R Abbe, et al; Non-compliance with local rule Other: No original signature. Signed by Judge Dana M. Sabraw on 11/06/07. (jcj)
November 8, 2007 Filing 261 STATUS REPORT re Compliance with October 10, 2007 Discovery Order by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) (lao).
November 5, 2007 Opinion or Order Filing 260 ORDER Re Extension of Deadlines for Expert Designations and Reports, re #259 Joint Motion. Plaintiff's expert designation and report, continued from 11/05/07 to 11/26/07. Defendant's designation and report, continued from 01/14/08 to 02/04/08. Both parties' supplemental expert designation and reports, continued from 03/03/08 to 03/24/08. Signed by Judge Ruben B. Brooks on 11/02/07. (jcj)
November 2, 2007 Filing 259 Joint MOTION to Continue Extend Deadlines for Expert Designations and Reports by Marcus R Abbe. (Attachments: #1 Proof of Service Certificate of Service re Joint Motion)(Nissen, Christopher) (jcj).
October 10, 2007 Opinion or Order Filing 258 ORDER (1) Denying in Part #235 MOTION to Compel Depositions; (2) Granting in Part #237 MOTION to Re-Open Discovery; (3) Denying #238 MOTION to Strike Supplemental Responses to Interrogatories; (4) Granting in Part #239 MOTION to Compel Production of Documents; and Denying Award of Sanctions to Plaintiffs and Defendant City of San Diego. Signed by Judge Ruben B. Brooks on 10/09/07. (jcj)
October 9, 2007 Filing 257 Minute Order. Proceedings held before Judge Ruben B. Brooks : Motion Hearing held on 10/9/2007, Denying #238 Motion to Strike; Granting in Part #235 Motion to Compel Depositions; Granting in Part #239 Motion to Compel Further Responses and Production of Documents; Granting #237 Motion for Extension of Time to Complete Discovery. All Requests for Sanctions are Denied. (Tape #CD No. 1: 10:26:48-10:51:35, 10:56:33-11:40:41.)(Plaintiff Attorney Christopher Nissen, Roger Franks).(Defendant Attorney Peter Benzian, Colleen Smith, George Schaefer). (jcj)
October 8, 2007 Filing 256 DECLARATION re #239 MOTION to Compel Further Responses and Production of Documents by Defendant City of San Diego; Request for Terminating Issue/Evidence Preclusion and/or Monetary Sanctions Further Declaration of Christopher Nissen In Support Of Plaintiffs' Motion to Compel Production of Documents and Request for Sanctions by Plaintiff Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (leh)
October 5, 2007 Filing 255 NOTICE by Marcus R Abbe of Withdrawal of Attorney of Record (Attachments: #1 Proof of Service)(Windsor, Stepheney) (leh)
October 2, 2007 Filing 254 REPLY to Response to Motion re #237 MOTION for Extension of Time to Complete Discovery filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (jcj).
October 2, 2007 Filing 253 REPLY to Response to Motion re #235 MOTION to Compel Depositions of Defendant City of San Diego's Witnesses and/or Party-Affiliated Witnesses; Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions filed by Marcus R Abbe. (Attachments: #1 Declaration of Christopher Nissen in Support of Reply in Support of Motion to Compel, Exh. C#2 Declaration of Christopher Nissen in Support of Reply in Support of Motion to Compel, Exh. D#3 Declaration of Christopher Nissen in Support of Reply in Support of Motion to Compel Depositions and Exh. A and B#4 Proof of Service)(Nissen, Christopher) (jcj).
October 2, 2007 Filing 252 NOTICE by Marcus R Abbe re #133 MOTION for Summary Judgment, #224 Reply to Response to Motion, #223 Reply to Response to Motion, #222 Reply to Response to Motion, #240 Order, Request for Judicial Notice (Attachments: #1 Proof of Service)(Nissen, Christopher) (jcj).
October 2, 2007 Filing 251 OBJECTION by Marcus R Abbe Plaintiffs' Objections and Proposed Modifications to Defendants' Proposed Order (Attachments: #1 Proof of Service)(Nissen, Christopher) Modified on 10/3/2007 (jcj) Atty contacted. Proposed Orders should not be e-filed.
October 2, 2007 Filing 250 REPLY to Response to Motion re #239 MOTION to Compel Further Responses and Production of Documents by Defendant City of San Diego; Request for Terminating Issue/Evidence Preclusion and/or Monetary Sanctions Plaintiffs' Reply to Defendant City of San Diego's Opposition to Plaintiffs' Motion to Compel Production of Documents filed by Marcus R Abbe. (Attachments: #1 Declaration of Christopher D. Nissen In Support of Plaintiffs' Reply to Defendant City of San Diego's Opposition to Plaintiffs' Motion to Compel Production of Documents#2 Proof of Service)(Nissen, Christopher) (jcj).
October 2, 2007 Filing 249 REPLY to Response to Motion re #238 MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set); Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set); Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set); Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions Plaintiffs' Reply In Support Of Motion to Strike Defendant City's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set) filed by Marcus R Abbe. (Attachments: #1 Declaration of Christopher D. Nissen In Support of Plaintiffs' Motion to Strike City's Supplemental Responses to Interrogatories#2 Proof of Service)(Nissen, Christopher) (jcj).
September 25, 2007 Filing 247 RESPONSE in Opposition re #238 MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set); Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set); Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set); Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions, #237 MOTION for Extension of Time to Complete Discovery, #239 MOTION to Compel Further Responses and Production of Documents by Defendant City of San Diego; Request for Terminating Issue/Evidence Preclusion and/or Monetary Sanctions, #235 MOTION to Compel Depositions of Defendant City of San Diego's Witnesses and/or Party-Affiliated Witnesses; Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions filed by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen C. Smith#2 Exhibit 1-28#3 Exhibit 29-63#4 Proof of Service)(Smith, Colleen)
September 24, 2007 Opinion or Order Filing 248 Minute ORDER. The Court has received from Plaintiffs a request to supplement its briefing on the four pending discovery motions. Plaintiffs may include any necessary information in their reply. Otherwise, the request for supplemental briefing is denied. Signed by Judge Ruben B. Brooks on 09/24/07. (jcj)
September 24, 2007 Opinion or Order Filing 246 ORDER Granting Defendant City of San Diego's #243 Ex Parte Motion for Leave to File Excess Pages. The City may file a memorandum of points and authorities in support of its Consolidated Opposition to Plaintiffs' Discovery Motions of up to thirty-five (35) pages, or ten (10) pages in excess of the twenty-five page limitation in Local Rule 7.1(h). Signed by Judge Ruben B. Brooks on 09/24/07. (jcj)
September 24, 2007 Filing 245 RESPONSE in Opposition re #243 Ex Parte MOTION for Leave to File Excess Pages For Consolidated Opposition to Plaintiffs' Discovery Motions Plaintiffs' Opposition to Defendant City of San Diego's Ex Parte Motion for Leave to File Excess Pages for Consolidated Opposition to Plaintiffs' Discovery Motions filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher) (jcj).
September 21, 2007 Filing 244 CERTIFICATE OF SERVICE by City of San Diego Califoria re #243 Ex Parte MOTION for Leave to File Excess Pages For Consolidated Opposition to Plaintiffs' Discovery Motions (Thomas, Aryna) (jcj).
September 21, 2007 Filing 243 Ex Parte MOTION for Leave to File Excess Pages For Consolidated Opposition to Plaintiffs' Discovery Motions by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen Smith ISO City's Application to Exceed Page Limits (with Exhibits))(Thomas, Aryna) (jcj).
September 14, 2007 Filing 242 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 9/14/2007. The following motions are taken under submission: #133 MOTION for Summary Judgment filed by Marcus R Abbe, #148 MOTION for Summary Judgment filed by Marcus R Abbe, #152 MOTION for Summary Judgment filed by City of San Diego, #158 MOTION to Strike, #238 MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set). Court to issue order. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Roger M Franks, Gregory F Peterson).(Defendant Attorney Peter Benzian, Colleen Smith, George Schaeffer, Aaryn Thomas). (jak)
September 14, 2007 Filing 241 Request for Judicial Notice in Support of Moving Plaintiffs' Motion for Partial Summary Judgment, and in Opposition to Defendant City of San Diego's Motion for Summary Judgment by Marcus R Abbe. (Attachments: #1 Proof of Service)(Windsor, Stepheney) Modified on 9/17/2007 (jcj) Atty contacted. Capitalization corrected. Document e-filed in error as a motion. Motion termed. Docket entry is a supporting document.
September 12, 2007 Opinion or Order Filing 240 ORDER Providing Tentative Rulings. The Court hereby tentatively GRANTS and DENIES summary judgment, and DENIES Plaintiffs' motion to strike in its entirety. Summary judgment or adjudication as to issues not specifically addressed in this order is DENIED. Signed by Judge Dana M. Sabraw on 09/12/07. (jcj)
September 11, 2007 Filing 239 MOTION to Compel Further Responses and Production of Documents by Defendant City of San Diego; Request for Terminating Issue/Evidence Preclusion and/or Monetary Sanctions by Marcus R Abbe. (Attachments: #1 Memo of Points and Authorities Points & Authorities in Support of Motion to Compel Further Responses and Production of Documents#2 Declaration Declaration of Christopher D. Nissen in Support of Motion to Compel with Exhibits 1-6#3 Proof of Service Certificate of Service)(Nissen, Christopher)
September 10, 2007 Filing 238 MOTION to Strike Defendant City of San Diego's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (First Set) and 10-16 (Second Set); Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions by Marcus R Abbe. (Attachments: #1 Declaration of Christopher D. Nissen in Support of Plaintiffs' Motion to Stirke Defendant's Supplemental Responses and Objections to Interrogatory Nos. 1-9 (1st Set) & 10-16 (2nd Set); Request for Terminating, Issue/Evidence, Preclusion, and/or Monetary Sanctions#2 Proof of Service)(Windsor, Stepheney)
September 10, 2007 Filing 237 MOTION for Extension of Time to Complete Discovery by Marcus R Abbe. (Attachments: #1 Declaration of Christopher D. Nissen in Support of Plaintiffs' Motion to Re-Open Discovery and Continue the Discovery Motion Deadline#2 Proof of Service Certificate of Service)(Windsor, Stepheney)
September 10, 2007 Filing 236 RESPONSE in Opposition re #227 MOTION to Strike #203 Notice (Other) Memorandum of Points and Authorities in Opposition to Defendant City of San Diego's Objection to and Motion to Strike Plaintiffs' Late-Filed Second Compendium of Declarations filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Windsor, Stepheney) Modified on 9/24/2007 to correct capitalization (jcj).
September 10, 2007 Filing 235 MOTION to Compel Depositions of Defendant City of San Diego's Witnesses and/or Party-Affiliated Witnesses; Request for Terminating, Issue/Evidence Preclusion and/or Monetary Sanctions by Marcus R Abbe. (Attachments: #1 Declaration Christopher D. Nissen#2 Exhibit #1-4#3 Proof of Service)(Windsor, Stepheney)
September 10, 2007 Filing 234 NOTICE by Marcus R Abbe Certificate of Service re: Affirmative Defense Evidentiary Objections (Windsor, Stepheney)
September 10, 2007 Filing 233 OBJECTION by Marcus R Abbe re #177 Response in Opposition to Motion, Plaintiffs' Rebuttal to Defendant City of San Diego's Evidentiary Objections to Plaintiffs' Evidence Submitted in Support of Plaintiffs' Motion for Partial Summary Judgment Re: Affirmative Defenses (Windsor, Stepheney)
September 10, 2007 Filing 232 OBJECTION by Marcus R Abbe re #180 Exhibit List, #177 Response in Opposition to Motion, #178 Declaration, #179 Exhibit List Plaintiffs' Evidentiary Objections to Purported Evidence Filed in Support of Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment Re: Affirmative Defenses (Windsor, Stepheney)
September 10, 2007 Filing 231 NOTICE by Marcus R Abbe Certificate of Service re: Liability evidentiary objection and rebuttal (Windsor, Stepheney)
September 10, 2007 Filing 230 OBJECTION by Marcus R Abbe re #181 Response in Opposition to Motion, #182 Objection,,, Plaintiffs' Rebuttal to Defendant City of San Diego's Evidentiary Objections to Plaintiffs' Evidence Submitted In Support of Plaintiff's Motion for Partial Summary Judgment re: Liability (Windsor, Stepheney)
September 10, 2007 Filing 229 OBJECTION by Marcus R Abbe re #181 Response in Opposition to Motion, Plaintiffs' Evidentiary Objections to Purported Evidence Filed in Support of Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment Re: Liability (Windsor, Stepheney)
September 4, 2007 Filing 228 REPLY re #198 Response in Opposition to Motion, Moving-Plaintiff's Motion to Strike Defendant City of San Diego's Answer filed by Marcus R Abbe. (Attachments: #1 Proof of Service)(Windsor, Stepheney)
August 31, 2007 Filing 227 Objection to and MOTION to Strike #203 Notice, by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) Modified text on 9/13/2007 (jcj).
August 31, 2007 Filing 226 REPLY to Response to Motion re #152 MOTION for Summary Judgment filed by City of San Diego Califoria. (Attachments: #1 Statement of Facts Part 1 of 5#2 Statement of Facts Part 2 of 5#3 Statement of Facts Part 3 of 5#4 Statement of Facts Part 4 of 5#5 Statement of Facts Part 5 of 5#6 Request for Judicial Notice #7 Declaration of Aryn Thomas#8 Declaration of Sharon Wood#9 Declaration of Tracey White#10 Proof of Service)(Smith, Colleen)
August 31, 2007 Filing 225 CERTIFICATE OF SERVICE by Marcus R Abbe re #224 Reply to Response to Motion, #223 Reply to Response to Motion, #222 Reply to Response to Motion, Plaintiffs' Reply to Defendant City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment [Docket #181]; Plaintiffs' Reply to City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment [Part 1 of 2]; Plaintiffs' Reply to City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment [Part 2 of 2] (Nissen, Christopher)
August 31, 2007 Filing 224 REPLY to Response to Motion re #133 MOTION for Summary Judgment Plaintiffs' Reply to City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment or Summary Adjudication [Part 2 of 2] filed by Marcus R Abbe. (Nissen, Christopher)
August 31, 2007 Filing 223 REPLY to Response to Motion re #133 MOTION for Summary Judgment Plaintiffs' Reply to City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment or Summary Adjudication [Part 1 of 2] filed by Marcus R Abbe. (Nissen, Christopher)
August 31, 2007 Filing 222 REPLY to Response to Motion re #133 MOTION for Summary Judgment Plaintiffs' Reply to Defendant City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment [Docket #181] filed by Marcus R Abbe. (Nissen, Christopher)
August 31, 2007 Filing 221 CERTIFICATE OF SERVICE by Marcus R Abbe re #218 Reply to Response to Motion, #220 Reply to Response to Motion, #219 Declaration, Reply to City's Opposition to Plaintiffs' Motion for Partial Summary Judgment Striking City's Affirmative Defenses; Declaration of Stepheney R. Windsor in Support Thereof; Separate Statement in Reply to City's Opposition to Plaintiffs' Motion for Partial Summary Judgment re Affirmative Defenses (Nissen, Christopher)
August 31, 2007 Filing 220 Separate Statement in REPLY to Response to Motion re #148 MOTION for Summary Judgment Plaintiffs' Separate Statement in Reply to City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment or Summary Adjudication [Docket 218] filed by Marcus R Abbe. (Nissen, Christopher) Modified text on 9/13/2007 (jcj).
August 31, 2007 Filing 219 DECLARATION in support of #218 Reply to Response to Motion, Declaration of Stepheney R. Windsor in Support of Plaintiffs' Reply to Defendant City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment re Affirmative Defenses by Plaintiff Marcus R Abbe. (Nissen, Christopher) Modified text on 9/13/2007 (jcj).
August 31, 2007 Filing 218 REPLY to Response to Motion re #148 MOTION for Summary Judgment Plaintiffs' Reply to Defendant City of San Diego's Opposition to Plaintiffs' Motion for Partial Summary Judgment Striking City of San Diego's Affirmative Defenses [Docket #177] filed by Marcus R Abbe. (Nissen, Christopher)
August 30, 2007 Filing 217 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 13 of 13 (Nissen, Christopher)
August 30, 2007 Filing 216 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 12 of 13 (Nissen, Christopher)
August 30, 2007 Filing 215 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 11 of 13 (Nissen, Christopher)
August 30, 2007 Filing 214 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 10 of 13 (Nissen, Christopher)
August 30, 2007 Filing 213 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 9 of 13 (Nissen, Christopher)
August 30, 2007 Filing 212 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 8 of 13 (Nissen, Christopher)
August 30, 2007 Filing 211 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 7 of 13 (Nissen, Christopher)
August 30, 2007 Filing 210 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 6 of 13 (Nissen, Christopher)
August 30, 2007 Filing 209 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 5 of 13 (Nissen, Christopher)
August 30, 2007 Filing 208 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 4 of 13 (Nissen, Christopher)
August 30, 2007 Filing 207 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 3 of 13 (Nissen, Christopher)
August 30, 2007 Filing 206 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 2 of 13 (Nissen, Christopher)
August 30, 2007 Filing 205 NOTICE by Marcus R Abbe re #203 Notice; Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment, Volume 1 of 13 (Nissen, Christopher)
August 30, 2007 Filing 204 CERTIFICATE OF SERVICE by Marcus R Abbe re Moving Plaintiffs' Statement Regarding Second Compendium of Declarations in Support of Motion for Partial Summary Judgment and Second Compendium of Declarations of Moving Plaintiffs in Support of Motion for Partial Summary Judgment (Volumes 1 through 13) (Nissen, Christopher)
August 30, 2007 Filing 203 NOTICE by Marcus R Abbe of Moving Plaintiffs' Statement Regarding Second Compendium of Declarations (Nissen, Christopher)
August 28, 2007 Opinion or Order Filing 202 ORDER Granting #199 Joint Motion to Exceed Local Rule 7.1(h) Page Limits. Signed by Judge Dana M. Sabraw on 08/28/07. (jcj)
August 28, 2007 Filing 201 CERTIFICATE OF SERVICE by Marcus R Abbe re #200 Amended Document, Notice of Errata Regarding Plaintiffs' Opposition to Defendant's Separate Statement of Undisputed Material Facts in Support of Motion by Moving-Plaintiffs for Partial Summary Judgment Striking Defendant City of San Diego's Affirmative Defenses (Nissen, Christopher)
August 28, 2007 Filing 200 AMENDED DOCUMENT - Notice of Errata, by Marcus R Abbe. Amendment to #189 Notice; Notice of Errata Regarding Plaintiffs' Opposition to Defendants' Separate Statement of Undisputed Material Facts in Support of Motion by Moving-Plaintiffs for Partial Summary Judgment Striking Defendant City of San Diego's Affirmative Defenses. (Nissen, Christopher) Modified text on 9/12/2007 (jcj).
August 27, 2007 Filing 199 Joint MOTION for Leave to File Excess Pages for Reply Briefs by City of San Diego Califoria. (Smith, Colleen)
August 27, 2007 Filing 198 RESPONSE in Opposition re #158 MOTION to Strike #123 Answer to Amended Complaint of Defendant City of San Diego MOTION to Strike #123 Answer to Amended Complaint of Defendant City of San Diego filed by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen C. Smith#2 Proof of Service)(Smith, Colleen)
August 10, 2007 Filing 197 DECLARATION re #187 Notice, Christopher Nissen, part 4 of 4 by Plaintiff Marcus R Abbe. (Nissen, Christopher) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 196 NOTICE - Certificate of Service, by Marcus R Abbe re #187 Notice, Certificate of Service re Opposition to Defendant City of San Diego's Motion for Partial Summary Judgment (Windsor, Stepheney) Modified on 8/17/2007 (jcj) Atty contacted by email re bad image and wrong event used.
August 10, 2007 Filing 195 DECLARATION re #187 Notice, Christopher Nissen, part 2 of 4 by Plaintiff Marcus R Abbe. (Nissen, Christopher) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 194 DECLARATION re #187 Notice, of Christopher Nissen, Part 3 of 4 by Plaintiff Marcus R Abbe. (Windsor, Stepheney) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 193 NOTICE by Marcus R Abbe re #187 Notice, Notice of Separate Statement in Support of Opposition to City's Motion for Summary Judgment, Part 5 of 5 (Windsor, Stepheney) Modified on 8/17/2007 (jcj).
August 10, 2007 Filing 192 NOTICE by Marcus R Abbe re #187 Notice, Notice of Separate Statement In Support of Opposition to City's Motion for Summary Judgment, Part 4 of 5 (Windsor, Stepheney) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 191 NOTICE by Marcus R Abbe re #187 Notice, Notice of Separate Statement in Support of Opposition to City's Motion for Summary Judgment, Part 3 of 5 (Windsor, Stepheney) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 190 NOTICE by Marcus R Abbe re #187 Notice, Notice of Separate Statement in Support of Opposition to City's Motion for Summary Judgment, Part 2 of 5 (Windsor, Stepheney) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 189 NOTICE by Marcus R Abbe re #187 Notice, Notice of Separate Statement in Support of Opposition to City's Motion for Summary Judgment, Part 1 of 5 (Windsor, Stepheney) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 188 DECLARATION re #187 Notice, of Christopher Nissen, Part 1 of 4 by Plaintiff Marcus R Abbe. (Nissen, Christopher) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 187 NOTICE - Memorandum of Points and Authorities, by Marcus R Abbe of opposition to City's Summary Judgment Motion (Attachments: #1 Request for Judicial Notice in support of opposition to MSJ#2 Notice of objections to declarations in support of opposition to City's MSJ)(Nissen, Christopher) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 186 CERTIFICATE OF SERVICE by City of San Diego Califoria re #181 Response in Opposition to Motion, #183 Declaration, #182 Objection,,, #184 Exhibit List, #185 Exhibit List (Godfrey, Laura)
August 10, 2007 Filing 185 Exhibits re #183 Declaration, in Support of #181 Opposition, by City of San Diego Califoria. (Attachments: #1 Exhibit 56-77#2 Exhibit 78-94#3 Exhibit 95-105)(Smith, Colleen) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 184 Exhibits re #183 Declaration, in Support of #181 Opposition, by City of San Diego Califoria. (Attachments: #1 Exhibit 27-32#2 Exhibit 33-38#3 Exhibit 39-46)(Godfrey, Laura) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 183 DECLARATION in support of #181 Response in Opposition to Motion, by Defendant City of San Diego Califoria. (Attachments: #1 Exhibit 1-5#2 Exhibit 6-12#3 Exhibit 13-20)(Smith, Colleen) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 182 OBJECTIONS re #181 Response in Opposition to #133 Motion, by City of San Diego Califoria (Attachments: #1 Objections to Declaration of Joe Benavides#2 Objections to Declaration of Christina Burhans#3 Objections to Declaration of Romeo De los Reyes#4 Objections to Declaration of Derek Diaz#5 Objections to Declaration of Eric Drilling#6 Objections to Declaration of Jeffrey Fellows, Sr.#7 Objections to Declaration of Denny Kremmer#8 Objections to Declaration of David Kries#9 Objections to Declaration of Brian Lucchesi#10 Objections to Declaration of Ruben Martinez#11 Objections to Declaration of Thomas Rizzo#12 Objections to Declaration of Todd Robertson#13 Objections to Declaration of Dale Shockley#14 Objections to Declaration of Natalie Stone#15 Objections to Declaration of William Sweeney#16 Objections to Declaration of Rudolph Tai#17 Objections to Declaration of Patrick Vinson)(Godfrey, Laura) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 181 RESPONSE in Opposition re #133 MOTION for Summary Judgment, by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen C. Smith#2 Declaration of Karen DeCrescenzo#3 Objections to Proposed Findings of Fact#4 Objections to Declaration of Steve McMillan#5 Separate Statement)(Smith, Colleen) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 180 Exhibits re #178 Declaration, in Support of #177 Opposition, by City of San Diego Califoria. (Attachments: #1 Exhibit 56-77#2 Exhibit 78-100#3 Exhibit 101-116)(Smith, Colleen) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 179 Exhibits re #178 Declaration, in Support of #177 Opposition, by City of San Diego Califoria. (Attachments: #1 Exhibit 27-32#2 Exhibit 33-38#3 Exhibit 39-46)(Smith, Colleen) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 178 DECLARATION in support of #177 Response in Opposition to Motion, by Defendant City of San Diego Califoria. (Attachments: #1 Exhibit 1-5#2 Exhibit 6-12#3 Exhibit 13-20)(Smith, Colleen) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 177 RESPONSE in Opposition re #149 MOTION for Summary Judgment Points & Authorities in Support Thereof, #148 MOTION for Summary Judgment, by City of San Diego Califoria. (Attachments: #1 Statement of Facts #2 Declaration of Colleen C. Smith#3 Declaration of Paul Cooper#4 Declaration of Karen DeCrescenzo#5 Objections to Declaration of Steve McMillan#6 Proof of Service)(Smith, Colleen) Modified text on 8/17/2007 (jcj).
August 10, 2007 Filing 176 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Proof of Service Amended Certificate of Service re Notice of Lodgment)(Nissen, Christopher)
August 9, 2007 Opinion or Order Filing 175 ORDER Modifying Briefing Schedule, re #158 MOTION to Strike. Motion Hearing currently scheduled for 09/14/07, at 1:30 pm. Defendant shall file its opposition by 08/27/07. Plaintiffs shall file their reply by 09/04/07. Signed by Judge Dana M. Sabraw on 08/09/07. (jcj)
August 9, 2007 Filing 174 Certificate of Servicce, re RESPONSE in Opposition re #152 MOTION for Summary Judgment Certificate of Service re-Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Nissen, Christopher) Modified on 8/16/2007 (jcj) Atty contacted re filing event.
August 9, 2007 Filing 173 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 49-51, Pt. 1 of 3#2 Exhibit 49-51, Pt. 2 of 3#3 Exhibit 49-51, Pt. 3 of 3#4 Exhibit 52-53, Pt. 1 of 2#5 Exhibit 52-53, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 172 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 46-48, Pt. 1 of 3#2 Exhibit 46-48, Pt. 2 of 3#3 Exhibit 46-48, Pt. 3 of 3)(Nissen, Christopher)
August 9, 2007 Filing 171 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 40-43, Pt. 1 of 4#2 Exhibit 40-43, Pt 2 of 4#3 Exhibit 40-43, Pt. 3 of 4#4 Exhibit 40-43, Pt. 4 of 4#5 Exhibit 44-45, Pt. 1 of 2#6 Exhibit 44-45, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 170 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 39, Pt. 1 of 2#2 Exhibit 39, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 169 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 34-37, Pt. 1 of 2#2 Exhibit 34-37, Pt. 2 of 2#3 Exhibit 38)(Nissen, Christopher)
August 9, 2007 Filing 168 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 31-33, Pt 1 of 2#2 Exhibit 31-33, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 167 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 30, Pt. 1 of 3#2 Exhibit 30, Pt. 2 of 3#3 Exhibit 30, Pt. 3 of 3)(Nissen, Christopher)
August 9, 2007 Filing 166 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 26-29, Pt. 1 of 2#2 Exhibit 26-29, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 165 RESPONSE in Opposition re #152 MOTION for Summary Judgment -Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 19-24, Pt. 1 of 2#2 Exhibit 19-24, Pt. 2 of 2#3 Exhibit 25, Pt. 1 of 2#4 Exhibit 25, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 164 RESPONSE in Opposition re #152 MOTION for Summary Judgment Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 16-18, Pt. 1 of 2#2 Exhibit 16-18, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 163 RESPONSE in Opposition re #152 MOTION for Summary Judgment Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 14-15, Pt. 1 of 2#2 Exhibit 14-15, Pt. 2 of 2)(Nissen, Christopher)
August 9, 2007 Filing 162 RESPONSE in Opposition re #152 MOTION for Summary Judgment Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 9-13, Pt. 1 of 5#2 Exhibit 9-13, Pt. 2 of 5#3 Exhibit 9-13, Pt. 3 of 5#4 Exhibit 9-13, Pt. 4 of 5#5 Exhibit 9-13, Pt. 5 of 5)(Nissen, Christopher)
August 9, 2007 Filing 161 RESPONSE in Opposition re #152 MOTION for Summary Judgment Notice of Lodgment in Support of and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 6-8, Pt. 1 of 4#2 Exhibit 6-8, Pt. 2 of 4#3 Exhibit 6-8, Pt. 3 of 4#4 Exhibit 6-8, Pt. 4 of 4)(Nissen, Christopher)
August 9, 2007 Filing 160 RESPONSE in Opposition re #152 MOTION for Summary Judgment Notice of Lodgment in Support of Opposition to Defendants Motion for Partial Summary Judgment filed by Marcus R Abbe. (Attachments: #1 Exhibit 1-5, Pt 1 of 3 to Notice of Lodgment#2 Exhibit 1-5 Pt.2 of 3#3 Exhibit 1-5, Pt. 3 of 3)(Nissen, Christopher)
August 8, 2007 Opinion or Order Filing 159 ORDER Setting Briefing Schedule, re #158 MOTION to Strike Defendant's Answer to the Fifth Amended Complaint. The motion shall be heard 09/14/07, at 1:30 pm. Defendant shall file its opposition by 08/27/07. Plaintiffs shall file their reply by 09/03/07. Signed by Judge Dana M. Sabraw on 08/08/07. (jcj)
July 30, 2007 Filing 158 MOTION to Strike #123 Answer to Amended Complaint of Defendant City of San Diego by Marcus R Abbe. (Attachments: #1 Notice of Plaintiffs' Motion to Strike Defendant City of San Diego's Answer#2 Declaration of Christopher Nissen in Support of Plaintiffs' Motion to Strike Defendant City of San Diego's Answer#3 Proof of Service)(Nissen, Christopher)
July 20, 2007 Filing 157 CERTIFICATE OF SERVICE by City of San Diego Califoria re #154 Exhibit List, #156 Exhibit List, #152 MOTION for Summary Judgment, #153 Exhibit List, #155 Exhibit List, (Smith, Colleen)
July 20, 2007 Filing 156 Exhibit List Exhibits 42-63 to A. Thomas Declaration by City of San Diego Califoria.. (Attachments: #1 Exhibit 64-81 to A. Thomas Declaration#2 Exhibit 82-85 to A. Thomas Declaration)(Smith, Colleen)
July 20, 2007 Filing 155 Exhibit List Exhibit 40A to A. Thomas Declaration by City of San Diego Califoria.. (Attachments: #1 Exhibit 40B to A. Thomas Declaration#2 Exhibit 40C to A. Thomas Declaration#3 Exhibit 41A to A. Thomas Declaration#4 Exhibit 41B to A. Thomas Declaration)(Godfrey, Laura)
July 20, 2007 Filing 154 Exhibit List Exhibits 23-24 to A. Thomas Declaration by City of San Diego Califoria.. (Attachments: #1 Exhibit 25-27 to A. Thomas Declaration#2 Exhibit 28-31 to A. Thomas Declaration#3 Exhibit 32-39 to A. Thomas Declaration)(Smith, Colleen)
July 20, 2007 Filing 153 Exhibit List Declaration of A. Thomas by City of San Diego Califoria.. (Attachments: #1 Exhibit 1-5#2 Exhibit 6-17#3 Exhibit 18-22)(Godfrey, Laura)
July 20, 2007 Filing 152 MOTION for Summary Judgment by City of San Diego Califoria. (Attachments: #1 Memo of Points and Authorities #2 Statement of Facts #3 Request for Judicial Notice #4 Declaration C. Meyers#5 Declaration of C. Ball#6 Declaration of C. Smith#7 Declaration of D. Cavanaugh#8 Declaration of D. Ramirez#9 Declaration of F. Zuckerman#10 Declaration of G. Meisneholder#11 Declaration of G. Swanger#12 Declaration of H. Kendall#13 Declaration of J. Collins#14 Declaration of J. Bryden#15 Declaration of K. DeCrescenzo#16 Declaration of K. Elser#17 Declaration of M. Williams#18 Declaration of P. Drummy#19 Declaration of S. Creighton#20 Declaration of S. Zimmerman#21 Declaration of T. McManus#22 Declaration of W. Vasquez#23 Declaration of W. Edwards, Jr.)(Smith, Colleen)
July 20, 2007 Filing 151 MOTION for Summary Judgment by Marcus R Abbe. (Nissen, Christopher) Modified on 7/24/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document (proof of service) is in support of #148 Motion.
July 20, 2007 Filing 150 MOTION for Summary Judgment by Marcus R Abbe. (Attachments: #1 Notice Notice of Lodgment in Support of Motion#2 Declaration Declaration of Christopher Nissen#3 Statement of Facts Separate Statement of Undisputed Material Facts)(Nissen, Christopher) Modified on 7/24/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Documents are in support of #148 Motion.
July 20, 2007 Filing 149 MOTION for Summary Judgment Points & Authorities in Support Thereof by Marcus R Abbe. (Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document is in support of #148 Motion.
July 20, 2007 Filing 148 MOTION for Summary Judgment Striking Defendant City of San Diego's Affirmative Defenses, by Marcus R Abbe. (Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 147 CERTIFICATE OF SERVICE by Marcus R Abbe re #133 MOTION for Summary Judgment (Nissen, Christopher)
July 19, 2007 Filing 146 Exhibits to #144 DECLARATION of Steven McMillan, re #133 MOTION for Summary Judgment by Plaintiff Marcus R Abbe. (Attachments: #1 Exhibit Exhibit J (Part 3 of 3))(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 145 Exhibits to #144 DECLARATION of Steven McMillan, re #133 MOTION for Summary Judgment by Plaintiff Marcus R Abbe. (Attachments: #1 Exhibit Exhibit I #2 Exhibit Exhibit J, Part 1 of 3)(Windsor, Stepheney) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 144 DECLARATION of Steven McMillan, re #133 MOTION for Summary Judgment by Plaintiff Marcus R Abbe. (Attachments: #1 Exhibit Exhibit F #2 Exhibit Exhibit G #3 Exhibit Exhibit H)(Windsor, Stepheney) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 143 Exhibits to #142 DECLARATION re #133 MOTION for Summary Judgment by Plaintiff Marcus R Abbe. (Attachments: #1 Exhibit C to Nissen Declaration#2 Exhibit D to Nissen Declaration#3 Exhibit E to)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 142 DECLARATION re #133 MOTION for Summary Judgment of Christopher Nissen by Plaintiff Marcus R Abbe. (Attachments: #1 Exhibit A to Nissen Declaration (Part 1 of 2)#2 Exhibit A to Nissen Declaration (Part 2 of 2))(Nissen, Christopher)
July 19, 2007 Filing 141 MOTION for Summary Judgment (Declarations of 110 Representative Plaintiffs in support of) by Marcus R Abbe. (Attachments: #1 Declarations (Part 6 of 6)#2 Declarations (Part 5 of 6))(Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document is in support of #133 Motion.
July 19, 2007 Filing 140 Plaintiffs' Designation of 110 Representative Plaintiff DECLARATIONS in support of #133 MOTION for Summary Judgment by Plaintiff Marcus R Abbe. (Attachments: #1 Designation (Part 2 of 6)#2)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 139 MOTION for Summary Judgment (Proposed Findings of Fact in Support thereof) by Marcus R Abbe. (Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Proposed orders are to be emailed directly to chambers.
July 19, 2007 Filing 138 MOTION for Summary Judgment (Request for Judicial Notice in Support of) by Marcus R Abbe. (Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document is in support of #133 Motion.
July 19, 2007 Filing 137 MOTION for Summary Judgment Seperate Statement in Support of MSJ by Marcus R Abbe. (Attachments: #1 Statement of Facts (5 of 6)#2 Statement of Facts (6 of 6))(Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document is in support of #133 Motion.
July 19, 2007 Filing 136 MOTION for Summary Judgment (Sep. Stmt. in Support Thereof) by Marcus R Abbe. (Attachments: #1 Statement of Facts (3 of 6)#2 Statement of Facts (2 of 6))(Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document is in support of #133 Motion.
July 19, 2007 Filing 135 MOTION for Summary Judgment (Points and Authorities in Support thereof) by Marcus R Abbe. (Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document is in support of #133 Motion.
July 19, 2007 Filing 134 MOTION for Summary Judgment (Plaintiffs Stmt re Compendium in Support of ) by Marcus R Abbe. (Nissen, Christopher) Modified on 7/23/2007 (jcj) Atty contacted. Motion termed. E-FILED IN ERROR AS A MOTION. Document is in support of #133 Motion.
July 19, 2007 Filing 133 MOTION for Summary Judgment by Marcus R Abbe. (Nissen, Christopher)
July 19, 2007 Filing 132 SUPPLEMENTAL DOCUMENT - Compendium of Declarations of Moving-Plaintiffs in Support of #133 Motion for Partial Summary Judgment or, Alternatively, Summary Adjudication, by Marcus R Abbe. (Attachments: #1 Compendium Part 22 of 24#2 Compendium Part 23 of 24#3 Compendium Part 24 of 24)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 131 SUPPLEMENTAL DOCUMENT - Compendium of Declarations of Moving-Plaintiffs in Support of #133 Motion for Partial Summary Judgment or, Alternatively, Summary Adjudication, by Marcus R Abbe. (Attachments: #1 Compendium Part 18 of 24#2 Compendium Part 19 of 24#3 Compendium Part 20 of 24)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 130 SUPPLEMENTAL DOCUMENT - Compendium of Declarations of Moving-Plaintiffs in Support of #133 Motion for Partial Summary Judgment or, Alternatively, Summary Adjudication, by Marcus R Abbe. (Attachments: #1 Compendium Part 14 of 24#2 Compendium Part 15 of 24#3 Compendium Part 16 of 24)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 129 SUPPLEMENTAL DOCUMENT - Compendium of Declarations of Moving-Plaintiffs in Support of #133 Motion for Partial Summary Judgment or, Alternatively, Summary Adjudication, by Marcus R Abbe. (Attachments: #1 Compendium Part 10 of 24#2 Compendium Part 11 of 24#3 Compendium Part 12 of 24)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 128 SUPPLEMENTAL DOCUMENT - Compendium of Declarations of Moving-Plaintiffs in Support of #133 Motion for Partial Summary Judgment or, Alternatively, Summary Adjudication, by Marcus R Abbe. (Attachments: #1 Compendium Part 6 of 24#2 Compendium Part 7 of 24#3 Compendium Part 8 of 24)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 19, 2007 Filing 127 SUPPLEMENTAL DOCUMENT - Compendium of Declarations of Moving-Plaintiffs in Support of #133 Motion for Partial Summary Judgment or, Alternatively, Summary Adjudication, by Marcus R Abbe. (Attachments: #1 Compendium Part 2 of 24#2 Compendium Part 3 of 24#3 Compendium Part 4 of 24)(Nissen, Christopher) Modified text on 7/23/2007 (jcj).
July 18, 2007 Opinion or Order Filing 126 ORDER Granting #124 Motion for Leave to File Excess Pages, #125 Joint Motion for Leave to File Excess Pages. Signed by Judge Dana M. Sabraw on 07/18/07. (jcj)
July 18, 2007 Filing 125 Joint MOTION for Leave to File Excess Pages by Plaintiffs Marcus Abbe, et al. and by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen)
July 16, 2007 Filing 124 MOTION for Leave to File Excess Pages by City of San Diego Califoria. (Attachments: #1 Declaration of Colleen C. Smith#2 Proof of Service)(Smith, Colleen)
July 9, 2007 Filing 123 City of San Diego's ANSWER to #120 Amended Complaint (Consolidated Fifth Amended) by Defendant City of San Diego Califoria by City of San Diego Califoria.(Schaefer, George) Modified text on 7/10/2007 (jcj).
June 11, 2007 Filing 122 NOTICE by City of San Diego Califoria Designation of Representative Plaintiffs for City's Cross-Motion for Partial Summary Judgment (Attachments: #1 Proof of Service)(Smith, Colleen)
June 11, 2007 Filing 121 NOTICE by Marcus R Abbe of Selection of 110 Representative Plaintiffs (Attachments: #1 Proof of Service)(Windsor, Stepheney)
June 8, 2007 Filing 120 AMENDED COMPLAINT Consolidated Fifth Amended Complaint for Damages and Other Relief Based On: 1. FLSA sec. 7(a) Violations [29 U.S.C. sec. 207(a)]; 2. Breach of Contract; 3. FLSA sec. 7(a) Violations for Late Payment of Overtime [29 U.S.C. sec. 207(a)]; 4. FLSA sec. 7(o) Violations [29 U.S.C. sec. 207(o)]; Demand for Jury Trial against all defendants, filed by Marcus R Abbe. (Attachments: #1 Exhibit A to Plaintiffs' Consolidated Fifth Amended Complaint#2 Exhibit B to Plaintiffs' Consolidated Fifth Amended Complaint#3 Exhibit C to Plaintiffs' Consolidated Fifth Amended Complaint#4 Exhibits D, E, F and G to Plaintiffs' Consolidated Fifth Amended Complaint#5 Exhibits H, I, J, K and L to Plaintiffs' Consolidated Fifth Amended Complaint#6 Certificate of Service for Plaintiffs' Consolidated Fifth Amended Complaint)(Windsor, Stepheney)
May 25, 2007 Opinion or Order Filing 118 ORDER Re: Summary Judgment Motions. Motion Hearing set for 9/14/2007 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. The motions shall be filed by 07/20/07. Oppositions shall be filed by 08/10/07. Replies shall be filed by 08/31/07. Plaintiffs shall identify their 110 representative Plaintiffs by 06/11/07, and Defendant shall identify, by the same date, the Plaintiffs it intends to depose for any cross-motion it may file. All depositions relating to the motions shall be completed by 08/03/07. Signed by Judge Dana M. Sabraw on 05/25/07. (jcj)
May 24, 2007 Opinion or Order Filing 117 ORDER Granting #115 Notice, MOTION - Stipulation and Application For Order Granting Leave To File Fifth Amended Complaint By Two Weeks and Extending The Cut-Off Date To File A Responsive Plading Or Motion A Reciprocal Two Weeks: Plaintiff shall file and serve its Fifth Ameded Complaint by 06/01/07. Defendant shall file and serve its response no later than an additional two weeks. Signed by Judge Dana M. Sabraw on 05/24/07. (jcj)
May 23, 2007 Filing 119 Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Conference re parties' anticipated summary judgment motions held on 5/23/2007. (Attorneys present: Peter Benzian, Geoge Schaffer, Colleen Smith, Christopher Nissen, Gregory Petersen). (jak)
May 22, 2007 MOTION - Stipulation and Application For Order Granting Leave To File Fifth Amended Complaint By Two Weeks and Extending The Cut-Off Date To File A Responsive Plading Or Motion A Reciprocal Two Weeks. Motion filed to reflect document #115 Notice, by Marcus R Abbe. (jcj)
May 22, 2007 Filing 116 Minute Order, for proceedings held before Judge Ruben B. Brooks: Telephonic Settlement Conference held on 5/22/2007. Defendants' request for a protective order is granted. Plaintiffs' request for a protective order is denied in part. The city shall produce overtime slips by 06/01/07.(Plaintiff Attorney C. Nissen, R. Franks, S. Windsor).(Defendant Attorney P. Benzian, C. Smith, G. Schaefer, E. Thomas). (jcj)
May 22, 2007 Filing 115 NOTICE by Marcus R Abbe Stipulation and Application For Order Granting Leave To File Fifth Amended Complaint By Two Weeks and Extending The Cut-Off Date To File A Responsive Plading Or Motion A Reciprocal Two Weeks (Attachments: #1 Proof of Service)(Windsor, Stepheney) Modified on 5/24/2007 (jcj) Separate motion filed to reflect document. Atty contacted by email re filing of a motion, and wrong case number and title on proof of service.
May 16, 2007 Filing 114 CERTIFICATE OF SERVICE by Marcus R Abbe (Nissen, Christopher)
May 16, 2007 Filing 113 NOTICE of Appearance by Roger M. Franks on behalf of Marcus R Abbe (Nissen, Christopher) Modified text on 5/18/2007 to reflect document (jcj).
May 16, 2007 Filing 112 NOTICE of Appearance by John D. Hayashi on behalf of Marcus R Abbe (Nissen, Christopher) Modified text on 5/18/2007 to reflect document (jcj).
May 16, 2007 Filing 111 NOTICE of Change of Address by Christopher D Nissen (Nissen, Christopher) Modified on 5/18/2007 (jcj) forward to atty admissions.
May 16, 2007 Filing 110 NOTICE of Change of Address by Christopher D Nissen (Nissen, Christopher) Modified on 5/18/2007 (jcj) forward to atty admissions.
May 16, 2007 Filing 109 NOTICE of Change of Address by Christopher D Nissen (Nissen, Christopher) Modified on 5/18/2007 (jcj) forward to atty admissions.
May 15, 2007 Opinion or Order Filing 108 ORDER granting in part and denying in part #99 Motion to Dismiss. Plaintiffs have 10 days to file a Fifth Amended Complaint. Signed by Judge Dana M. Sabraw on 5/15/2007. (lxh)
May 11, 2007 Filing 107 NOTICE by City of San Diego Califoria Statement Regarding Selection of Representative Plaintiffs (Attachments: #1 Declaration of Colleen C. Smith#2 Proof of Service)(Smith, Colleen)
May 11, 2007 Filing 106 NOTICE by Marcus R Abbe Plaintiffs' Proposal For Hearing of Motion for Summary Judgment Filed March 15, 2007; Declaration of Chistopher D. Nissen (Attachments: #1 Proof of Service Plaintiffs' Proposal for Hearing of Motion for Summary Judgment Filed March 15, 2007; Declaration of Christopher D. Nissen)(Windsor, Stepheney)
May 10, 2007 Opinion or Order Filing 105 Minute Order by Judge Dana M. Sabraw granting #85 Motion for Leave to File Consolidated Third Amended Complaint - see order #86 filed 1/4/07. (jak)
May 4, 2007 Filing 104 Minute Entry for proceedings held before Judge Dana M. Sabraw : Motion Hearing held on 5/4/2007 re #99 MOTION to Dismiss Fourth Amended Complaint filed by City of San Diego Califoria. Motion submitted, Court to prepare order. (Court Reporter L Pence).(Plaintiff Attorney Stepheney Windsor/Christopher D Nissen).(Defendant Attorney Colleen Carlton Smith/Peter H Benzian). (gac, )
May 3, 2007 Opinion or Order Filing 103 ORDER Providing Tentative Rulings, re #99 MOTION to Dismiss Fourth Amended Complaint. Motion Hearing is scheduled for 05/04/07, at 1:30 pm. In anticipation of this hearing, the Court offers the following tentative rulings: 1. First claim for relief - motion is denied. 2. Second claim for relief - motion is granted. 3. Third claim for relief - motion is denied. 4. Fourth claim for relief - motion is granted. 5. Fifth claim for relief - motion is granted. 6. Seventh claim for relief - motion is granted. Signed by Judge Dana M. Sabraw on 05/03/07. (jcj)
April 20, 2007 Filing 102 REPLY to Response to Motion re #99 MOTION to Dismiss Fourth Amended Complaint filed by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen)
April 13, 2007 Filing 101 RESPONSE in Opposition re #99 MOTION to Dismiss Fourth Amended Complaint filed by Marcus R Abbe. (Attachments: #1 Declaration of M.A. Jenkins in support of opp to City's motion to dismiss 4ac#2 Request for Judicial Notice in support of opp to city motion dismiss 4ac#3 Notice of lodgment in support of opp to city motion to dismiss 4ac#4 Proof of Service cos)(Jenkins, Michael)
April 4, 2007 Opinion or Order Filing 100 ORDER Denying Plaintiffs' Ex Parte Application for Order Sealing Documents. Signed by Judge Dana M. Sabraw on 04/04/07. (jxj)
March 30, 2007 Filing 99 MOTION to Dismiss Fourth Amended Complaint by City of San Diego Califoria. (Attachments: #1 Memo of Points and Authorities #2 Declaration of Colleen C. Smith#3 Request for Judicial Notice #4 Proof of Service)(Smith, Colleen)
March 28, 2007 Opinion or Order Filing 97 ORDER Setting Hearing Date and Briefing Schedule. A telephonic conference re Defendant's motion to dismiss was held 03/27/07. Defendant shall file and serve its motion by 03/30/07. Plaintiffs shall file their opposition by 04/13/07. Defendant shall file its reply by 04/20/07. Motion Hearing, re motion to dismiss, set for 5/4/2007 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 03/28/07. (jxj)
March 27, 2007 Filing 98 Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held (telephonically) on 3/27/2007 re MOTION to Dismiss filed by City of San Diego Califoria. (Plaintiff Attorney Michael Jenkins).(Defendant Attorney Peter Benzian, George Schaffer). (Reporter N/A). (jak)
March 27, 2007 Opinion or Order Filing 96 ORDER Granting #94 Joint Motion for Leave to File Fourth Amended Complaint in Consolidated Cases for Damages and Other Relief. Signed by Judge Dana M. Sabraw on 03/27/07. (jxj)
March 26, 2007 *Motion Termed* MOTION to Dismiss Fourth Amended Complaint by City of San Diego Califoria, re #95 Status Report. (jxj) Modified on 3/28/2007 (jxj) *Subsequent Motion will be filed*.
March 26, 2007 Filing 95 STATUS REPORT Statement Regarding Motion to Dismiss Fourth Amended Complaint by City of San Diego Califoria. (Attachments: #1 Proof of Service)(Smith, Colleen) Modified on 3/27/2007 (jxj) Atty contacted re filing of Motion. Modified on 3/28/2007 (jxj) Statement should have been submitted to chambers, not electronically filed. Actual motion will be filed.
March 21, 2007 Filing 94 Joint MOTION for Leave to File 4th Amended Complaint in Consolidated Casees for Damages and Other Relief; Proposed Order by Marcus R Abbe. (Attachments: #1 Exhibit A - Proposed 4th Amended Complaint#2 Proof of Service)(Nissen, Christopher) Modified on 3/22/2007 (jxj) Atty contacted re proposed order.
March 16, 2007 Opinion or Order Filing 93 ORDER Setting Hearing Date and Briefing Schedule on Plaintiffs' Motion for Summary Judgment. Motion Hearing set for 5/18/2007 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. Defendant shall file its opposition to the motion by 04/09/07. Plaintiffs shall file their reply by 04/20/07. Signed by Judge Dana M. Sabraw on 03/16/07. (jxj)
February 26, 2007 Opinion or Order Filing 92 ORDER Granting #90 Motion for Extension of Time to Respond to Third Amended Complaint. Defendant City of San Diego's last day to respond to Plaintiff's Consolidated Third Amended Complaint is continued 30 days from 02/19/07 to 03/21/07. Signed by Judge Dana M. Sabraw on 02/23/07. (jxj)
February 23, 2007 Opinion or Order Filing 91 ORDER. 02/22/07 Telephonic Settlement Conference was held. Telephonic Settlement Conference set for 5/22/2007 08:00 AM Magistrate Judge Ruben B. Brooks. Signed by Judge Ruben B. Brooks on 02/22/07. (jxj)
February 14, 2007 Filing 90 Joint MOTION for Extension of Time to File Answer to Consolidated Third Amended Complaint by Marcus R Abbe. (Attachments: #1 Proof of Service)(Nissen, Christopher)
February 5, 2007 Opinion or Order Filing 89 ORDER Granting Joint MOTION for Dismissal of Plaintiff's Claim. Plaintiffs Katherine E Allison, Jene L'Mont Calloway, Jonathan C Cheng, Gregory D Clark, Anna M Knuth are dismissed, without prejudice. Signed by Judge Dana M. Sabraw on 02/05/07. (jxj)
January 30, 2007 Joint Motion for Dismissal, re #88 Notice of Voluntary Dismissal by City of San Diego Califoria. (jxj)
January 30, 2007 Filing 88 NOTICE of Voluntary Dismissal by City of San Diego Califoria (Schaefer, George)
January 10, 2007 Opinion or Order Filing 87 Minute ORDER. Telephonic Settlement Conference was held. Telephonic Settlement Conference set for 2/22/2007 08:00 AM in Courtroom B before Magistrate Judge Ruben B. Brooks.Signed by Judge Ruben B. Brooks on 01/09/07. (jxj)
January 4, 2007 Opinion or Order Filing 86 ORDER re #82 Stipulation and Application for Order Granting Leave to File a Consolidated Third Amended Complaint and Extending the Cut-Off Date to File a Responsive Pleading or Motion to 45 Days from the Date of the Order Granting Leave to Amend. Signed by Judge Dana M. Sabraw on 01/04/07. (jxj)
December 20, 2006 Filing 85 Supplemental MOTION for Leave to File Consolidated Third Amended Complaint by Marcus R Abbe. (Attachments: #1 Exhibit Consolidated Third Amended Complaint#2 Proof of Service Certificate of Service Re Joint Supplement to Joint Motion for Leave to File Consolidated Third Amended Complaint)(Nissen, Christopher)
December 1, 2006