Lobaton et al v. San Diego, City of et al

Justia Dockets & Filings Ninth Circuit California Southern District Lobaton et al v. San Diego, City of et al

Lobaton et al v. San Diego, City of et al

Plaintiff:	Luis Jesus Lobaton, Katherine Lobaton, Diego Steven Lobaton, Bruce Chourp, B.C. and Hedy Julca
Defendant:	Does 1 through 200, Sam Euler, Ali Bakhshi, Kelvin Lujan, T. Wetzel, Two Unknown San Diego Police Officers, Shelley Zimmerman, San Diego, City of, Nathan Parga, San Diego Police Department and Michael Usrey
Case Number:	3:2015cv01416
Filed:	June 26, 2015
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	David H Bartick
Referring Judge:	Gonzalo P Curiel
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 cv
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on September 6, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 6, 2017	Filing 58 ORDER Granting Joint #57 Motion to Dismiss Case With Prejudice. Signed by Judge Gonzalo P. Curiel on 9/5/17. (All non-registered users served via U.S. Mail Service)(dlg) (jao).
September 5, 2017	Filing 57 Joint MOTION to Dismiss Case with Prejudice by Ali Bakhshi, Sam Euler, Kelvin Lujan, Nathan Parga, San Diego, City of. (Attachments: #1 Proof of Service)(Steinman, Kathy) (dlg).
August 22, 2017	Filing 56 ORDER Granting Joint #55 Motion for Attorney Fees and Litigation Costs. The Court Orders Defendant to pay Plaintiffs' counsel $240,000 in total for attorneys' fees and costs. Signed by Judge Gonzalo P. Curiel on 8/22/17. (All non-registered users served via U.S. Mail Service)(dlg) (jao).
July 3, 2017	Filing 55 Joint MOTION for Attorney Fees and Litigation Costs by Hedy Julca, Hedy Julca, Diego Steven Lobaton, Katherine Lobaton, Luis Jesus Lobaton. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1 - Declaration of Attorney Randall Hamud, #3 Exhibit 2 - Attorney Hamud Time Records, #4 Exhibit 3 - Summary of Litigation Costs, #5 Exhibit 4 - Declaration of Attorney Michael Marrinan, #6 Exhibit 5 - Attorney Marrinan Time Records, #7 Exhibit 6 - Order re Attorneys' Fees in Medina v. Metropolitan, #8 Exhibit 7 - Order re Attorneys' Fees in Makeaff v. Trump Univ., #9 Exhibit 8 - Order re Attorneys' Fees in Grant v. Capital Mgmt., #10 Exhibit 9 - Declaration and Order re Attorneys' Fees in In re Siliken, #11 Proof of Service)(Marrinan, Michael) (dlg).
July 3, 2017	Filing 54 NOTICE OF WITHDRAWAL OF DOCUMENT by Hedy Julca, Hedy Julca, Diego Steven Lobaton, Katherine Lobaton, Luis Jesus Lobaton re #53 Joint MOTION for Attorney Fees and Litigation Costs filed by Katherine Lobaton, Diego Steven Lobaton, Hedy Julca, Luis Jesus Lobaton . (Attachments: #1 Proof of Service)(Marrinan, Michael) (dlg).
July 2, 2017	Filing 53 * WITHDRAWN PER ECF 54 * Joint MOTION for Attorney Fees and Litigation Costs by Hedy Julca, Hedy Julca, Diego Steven Lobaton, Katherine Lobaton, Luis Jesus Lobaton. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1 - Declaration of Attorney Randall Hamud, #3 Exhibit 2 - Time Records of Attorney Hamud, #4 Exhibit 3 - Summary of Litigation Costs, #5 Exhibit 4 - Declaration of Attorney Michael Marrinan, #6 Exhibit 5 - Time Records of Attorney Marrinan, #7 Exhibit 6 - Order in Medina v. Metropolitan, #8 Exhibit 7 - Order in Makeaff v. Trump University, #9 Exhibit 8 - Order in Grant v. Capital Mgmt., #10 Exhibit 9 - Order in In re Siliken, #11 Proof of Service)(Marrinan, Michael) (dlg). Modified on 7/3/2017 to term motion per dj chambers and send QC email for hearing date/time (dlg). Modified on 7/5/2017 (dlg).
June 16, 2017	Filing 52 ORDER Granting #42 Petition of Guardian Ad Litem for Compromise of Minor's Disputed Claim and Adopting #50 Report and Recommendation. Signed by Judge Gonzalo P. Curiel on 6/16/17. (All non-registered users served via U.S. Mail Service)(dlg)
June 16, 2017	Filing 51 ORDER Denying Joint #43 Motion for Attorney Fees. Signed by Judge Gonzalo P. Curiel on 6/16/17. (All non-registered users served via U.S. Mail Service)(dlg)
May 26, 2017	Filing 50 REPORT AND RECOMMENDATION Granting #42 Ex Parte MOTION to Confirm Minor's Compromise for Minor Child B.C. filed by Hedy Julca..Signed by Magistrate Judge Jill L. Burkhardt on 5/26/17.(All non-registered users served via U.S. Mail Service)(dlg)
May 23, 2017	Filing 49 SUPPLEMENTAL BRIEFING by Guardian Ad Litem Party Hedy Julca re #42 Ex Parte MOTION to Confirm Minor's Compromise for Minor Child B.C. . (Attachments: #1 Exhibit Billing Statement, #2 Exhibit Letter, #3 Proof of Service)(Hamud, Randall) (dlg).
May 16, 2017	Filing 48 MINUTE ORDER Requiring Supplemental Briefing re #42 Ex Parte MOTION to Confirm Minor's Compromise for Minor Child B.C. filed by Hedy Julca. Petitioner's supplemental briefing shall be filed on or before May 23, 2017.(All non-registered users served via U.S. Mail Service)(dlg)
May 5, 2017	Filing 47 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: A telephonic, counsel-only Status Conference regarding the Petition of Guardian ad Litem for Compromise of Minor's Disputed Claim (ECF No. #42 ) was held on May 5, 2017. (Plaintiffs' Attorneys Randall B Hamud; Michael R Marrinan) (Defendants' Attorney Kathy J Steinman) (no document attached) (jxt) (cxl).
May 4, 2017	Filing 46 Minute Order: Plaintiffs represent that their settlement has been approved by the San Diego City Council. Therefore, the Status Conference set for 5/8/2017 at 1:30 p.m. is VACATED. So Ordered by Magistrate Judge David H. Bartick on 5/4/2017.(no document attached) (dmm)
May 1, 2017	Filing 45 MINUTE ORDER Setting Telephonic Status Conference. A telephonic, counsel-only Status Conference regarding the Petition is set for Friday, May 5, 2017, at 11:00 AM before Magistrate Judge Burkhardt.(All non-registered users served via U.S. Mail Service)(dlg)
April 26, 2017	Filing 44 Minute Order. Magistrate Judge David H. Bartick has requested a Magistrate Judge be randomly assigned to handle the Minor's Compromise in this case. Magistrate Judge Jill L. Burkhardt has been randomly assigned.(no document attached) (jcj)
April 26, 2017	Filing 43 Joint MOTION for Attorney Fees by Ali Bakhshi, Sam Euler, Kelvin Lujan, Nathan Parga, San Diego, City of. (Attachments: #1 Proof of Service)(Steinman, Kathy) (fth).
April 25, 2017	Filing 42 Ex Parte MOTION to Confirm Minor's Compromise for Minor Child B.C. by Hedy Julca. (Attachments: #1 Declaration, #2 Proof of Service)(Hamud, Randall) QC EMAIL - lacking proper signature (fth). Modified on 5/25/2017 to term per mj chambers (dlg).
February 28, 2017	Filing 41 ORDER Following Status Conference and Setting Additional Telephonic Status Conference. An additional Status Conference will be held on May 8, 2017 at 1:30 p.m. before Magistrate Judge Louisa S Porter. The Conference shall be telephonic, with attorneys only. Signed by Magistrate Judge Louisa S Porter on 2/28/17.(All non-registered users served via U.S. Mail Service)(dlg) (jao).
February 28, 2017	Filing 40 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Status Conference held on 2/28/2017. Order to follow.(Plaintiff Attorney Michael Marrinan). (Defendant Attorney Kathy Steinman). (no document attached) (ks1)
February 14, 2017	Filing 39 ORDER Following Status Conference and Setting Additional Telephonic Status C onference. An additional Status Conference will be held on February 28, 2017 at 1:30 p.m. before Magistrate Judge Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 2/14/17.(All non-registered users served via U.S. Mail Service)(dlg)
February 13, 2017	Filing 38 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: A Telephonic Status Conference was held on 2/13/2017. Order to follow. (Plaintiff Attorney Randall Hamud). (Defendant Attorney Kathy Steinman). (no document attached) (ks1)
December 22, 2016	Filing 37 ORDER Granting #36 Joint Motion to Vacate Scheduling Order Dates. All upcoming deadlines and hearings set forth in the scheduling orders issued in this case (ECF Nos. #22 , #31 ) are Vacated. The Status Conference scheduled for 2/13/2017 remains on calendar (ECF No. #35 ). Signed by Magistrate Judge Louisa S Porter on 12/22/2016. (All non-registered users served via U.S. Mail Service)(rlu)
December 15, 2016	Filing 36 Joint MOTION to Vacate Scheduling Order Dates by Luis Jesus Lobaton. (Attachments: #1 Proof of Service)(Hamud, Randall) (dxj).
December 9, 2016	Filing 35 ORDER Following Settlement Conference and Setting Telephonic Status Conference. A Status Conference will be held on February 13, 2017 at 1:30 p.m. before Magistrate Judge Louisa S Porter. The Conference shall be telephonic, with attorneys only. Signed by Magistrate Judge Louisa S Porter on 12/8/16.(All non-registered users served via U.S. Mail Service)(dlg)
December 8, 2016	Filing 34 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Settlement Conference held on 12/8/2016. The case has settled. Order to follow. (Plaintiff Attorney Mike Marrinan, Randall Hamud). (Defendant Attorney Kathy Steinman). (Hedy Julca, Diego Lobaton, Charles Hopper, Josie Rios).(no document attached) (wdb)
November 23, 2016	Filing 33 ORDER Granting Joint #32 Motion for Psychiatric Examination of Hedy Julca. Signed by Magistrate Judge Louisa S Porter on 11/23/16. All non-registered users served via U.S. Mail Service) (dlg).
November 21, 2016	Filing 32 Joint MOTION for Psychiatric Examination of Hedy Julca by Ali Bakhshi, Sam Euler, Kelvin Lujan, Nathan Parga, San Diego, City of. (Attachments: #1 Exhibit, #2 Proof of Service)(Steinman, Kathy) (dlg).
October 19, 2016	Filing 31 ORDER Granting Joint #30 Motion to Continue Settlement Conference and Amend Scheduling Order. The Settlement Conference currently scheduled for November 9, 2016 at 2:00 p.m. is continued to December 8, 2016 at 10:00 a.m. before Magistrate Judge Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 10/19/16. (All non-registered users served via U.S. Mail Service)(dlg)
October 13, 2016	Filing 30 Joint MOTION to Continue Settle Conference by Luis Jesus Lobaton. (Attachments: #1 Proof of Service Proof of Servoce)(Hamud, Randall) (dlg).
September 30, 2016	Filing 29 NOTICE of Change of Hearing: The Settlement Conference currently set for 10/27/2016 at 10:00 a.m. is CONTINUED to 11/9/2016 at 2:00 p.m. before Magistrate Judge Louisa S Porter, Ret. The Conference will be held in Judge Bartick's chambers at 333 West Broadway, Suite 1080, San Diego, CA 92116. The parties shall submit settlement statements by 11/2/2016. (no document attached) (wdb)
August 30, 2016	Filing 28 NOTICE of Change of Attorney by Ali Bakhshi, Sam Euler, Kelvin Lujan, Nathan Parga, San Diego, City of (Attachments: #1 Proof of Service)(Steinman, Kathy)Attorney Kathy J Steinman added to party Ali Bakhshi(pty:dft), Attorney Kathy J Steinman added to party Sam Euler(pty:dft), Attorney Kathy J Steinman added to party Kelvin Lujan(pty:dft), Attorney Kathy J Steinman added to party Nathan Parga(pty:dft), Attorney Kathy J Steinman added to party San Diego, City of(pty:dft) (dlg).
August 29, 2016	Filing 27 ORDER Granting Joint #26 Motion to Continue Settlement Conference. The September 28, 2016 Settlement Conference shall be continued to October 27, 2016 at 10:00 a.m. If the parties wish, they may submit updated settlement statements directly to Magistrate Judge Barticks chambers no later than October 21, 2016. Signed by Magistrate Judge David H. Bartick on 8/29/16. (dlg)
August 29, 2016	Filing 26 Joint MOTION to Continue Settlement Conference by Luis Jesus Lobaton. (Attachments: #1 Proof of Service Proof of Service)(Hamud, Randall) (dlg).
August 15, 2016	Filing 25 NOTICE of Unavailability of Counsel by Luis Jesus Lobaton (Attachments: #1 Proof of Service Proof of Service)(Hamud, Randall) (dlg).
July 25, 2016	Filing 24 ORDER Granting Joint #23 Motion for Protective Order. Signed by Magistrate Judge David H. Bartick on 7/25/16. (dlg)
July 22, 2016	Filing 23 Joint MOTION for Protective Order by Ali Bakhshi, Sam Euler, Kelvin Lujan, Nathan Parga, San Diego, City of. (Attachments: #1 Stipulated Protective Order, #2 Proof of Service Declaration of Service)(Bell, Charles) (dlg).
May 16, 2016	Filing 22 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: A Settlement Conference shall be conducted on September 28, 2016 at 2:00 p.m. in the chambers of Magistrate Judge Bartick. A Mandatory Settlement Conference shall be conducted on June 2, 2017 at 10:00 a.m. in the chambers of Magistrate Judge David H. Bartick. Pretrial Disclosures shall be prepared, served and lodged with the assigned district judge by July 7, 2017. The final Pretrial Conference is scheduled on the calendar of the Honorable Gonzalo P. Curiel on July 14, 2017 at 1:30pm. Signed by Magistrate Judge David H. Bartick on 5/13/16.(dlg) (jao).
May 13, 2016	Filing 21 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Case Management Conference held on 5/13/2016. Order to follow. (Plaintiff Attorney Randall Hamud). (Defendant Attorney Charles Bell, Kathy Steinman). (no document attached) (wdb)
March 30, 2016	Filing 20 Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference. A Case Management Conference shall be held on May 13, 2016 at 9:30 a.m. before Magistrate Judge Bartick. The Case Management Conference shall be telephonic, with attorneys only. Counsel for Plaintiffs shall coordinate and initiate the call. Signed by Magistrate Judge David H. Bartick on 3/30/16.(dlg) (jao).
March 30, 2016	Filing 19 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Early Neutral Evaluation Conference held on 3/30/2016. The case did not settle. Order to follow. (Plaintiff Attorney Randall B. Hamud, Michael Marrinan). (Defendant Attorney Kathy Steinman, Charles E. Bell, Jr.). (Charles Hopper, Kelvin Lujan, Ali Bakhshi, Nate Parga, Samuel Euler, Hedy Julca, Diego Lobaton, Luis Lobaton).(no document attached) (wdb)
January 29, 2016	Filing 18 ORDER Granting #17 Joint Motion to Continue Early Neutral Evaluation. The February 3, 2016 Early Neutral Evaluation Conference shall be continued to March 30, 2016 at 10:00 a.m. Signed by Magistrate Judge David H. Bartick on 1/29/16. (dlg)
January 29, 2016	Filing 17 Joint MOTION to Continue ENE Conference by Luis Jesus Lobaton. (Attachments: #1 Proof of Service Jt Motion Proof Ser)(Hamud, Randall) (dlg).
December 17, 2015	Filing 16 NOTICE AND ORDER for Early Neutral Evaluation Conference: Early Neutral Evaluation set for 2/3/2016 10:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 12/17/15.(dlg)
December 16, 2015	Filing 15 ANSWER to #3 Amended Complaint by San Diego, City of, Kelvin Lujan, Sam Euler, Nathan Parga, Ali Bakhshi. (Attachments: #1 Proof of Service)(Bell, Charles) (dlg).
December 2, 2015	Filing 14 ORDER Denying #9 Motion to Strike Portions of Plaintiff's First Amended Complaint. Signed by Judge Gonzalo P. Curiel on 12/2/15. (dlg)
November 19, 2015	Filing 13 Minute Order by Judge Gonzalo P. Curiel: Submitting #9 MOTION to Strike Portions of Plaintiffs' First Amended Complaint, based on the papers. Motion Hearing set for 11/20/2015 1:30 PM before Judge Gonzalo P. Curiel is vacated. Written order to follow. (no document attached) (gac)
October 28, 2015	Filing 12 RESPONSE in Opposition re #9 MOTION to Strike Portions of Plaintiffs' First Amended Complaint filed by Ali Bakhshi, Sam Euler, Kelvin Lujan, Nathan Parga, San Diego, City of. (Attachments: #1 Proof of Service)(Bell, Charles) (srm).
October 16, 2015	Filing 11 RESPONSE in Opposition re #9 MOTION to Strike Portions of Plaintiffs' First Amended Complaint on behalf all plaintiffs filed by Luis Jesus Lobaton. (Attachments: #1 Proof of Service Electronic Filing Cert.)(Hamud, Randall) (dlg).
September 24, 2015	Filing 10 ORDER Setting Briefing Schedule re #9 MOTION to Strike Portions of Plaintiffs' First Amended Complaint: Responses due by 10/16/2015, Replies due by 10/30/2015. Motion Hearing set for 11/20/2015 at 1:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 9/23/2015. (srm)
September 23, 2015	Filing 9 MOTION to Strike Portions of Plaintiffs' First Amended Complaint by Ali Bakhshi, Sam Euler, Kelvin Lujan, Nathan Parga, San Diego, City of. (Attachments: #1 Notice, #2 Proof of Service)(Bell, Charles)Attorney Charles E Bell, Jr added to party Ali Bakhshi(pty:dft), Attorney Charles E Bell, Jr added to party Sam Euler(pty:dft), Attorney Charles E Bell, Jr added to party Kelvin Lujan(pty:dft), Attorney Charles E Bell, Jr added to party Nathan Parga(pty:dft), Attorney Charles E Bell, Jr added to party San Diego, City of(pty:dft) (srm).
August 27, 2015	Filing 8 ORDER Granting Ex Parte Petition For Appointment Of Guardian Ad Litem For Minor Plaintiff "B.C." (Re Dkt #4 ): Hedy Julca, the mother of Petitioner "B.C.," is appointed as guardian ad litem for the minor plaintiff "B.C." Signed by Magistrate Judge David H. Bartick on 8/27/2015. mdc)
August 24, 2015	Filing 7 MINUTE ORDER OF RECUSAL. Magistrate Judge Ruben B. Brooks is no longer assigned. Case randomly reassigned to Magistrate Judge David H. Bartick for all further proceedings. The new case number is 15cv01416-GPC-DHB.(no document attached) (nbp)
August 21, 2015	Filing 6 Amended Complaint Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg)
August 20, 2015	Filing 5 NOTICE of Appearance by Michael R Marrinan on behalf of Hedy Julca, David Steven Lobaton, Katherine Lobaton, Luis Jesus Lobaton (Marrinan, Michael)Attorney Michael R Marrinan added to party Hedy Julca(pty:pla), Attorney Michael R Marrinan added to party David Steven Lobaton(pty:pla), Attorney Michael R Marrinan added to party Luis Jesus Lobaton(pty:pla) QC mailer sent re request for co-counsel (dlg).
August 20, 2015	Filing 4 MOTION to Appoint Ad Litem ad Litem by Hedy Julca. (Attachments: #1 Proof of Service Mailing to Court)(Hamud, Randall) (dlg).
August 20, 2015	Filing 3 AMENDED COMPLAINT with Jury Demand by all Plaintiffs against All Defendants, filed by Luis Jesus Lobaton. (Attachments: #1 Proof of Service Mailing to Chambers)New Summons Requested. (Hamud, Randall) (dlg).
June 29, 2015	Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (nbp)
June 26, 2015	Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0974-8198223.), filed by Luis Jesus Lobaton, Hedy Julca, David Steven Lobaton, Bruce Chourp, Katherine Lobaton. (Attachments: #1 Civil Cover Sheet)The new case number is 3:15-cv-1416-GPC-RBB. Judge Gonzalo P. Curiel and Magistrate Judge Ruben B. Brooks are assigned to the case. (Hamud, Randall)[ATTY MAINT](nbp)

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Search for this case: Lobaton et al v. San Diego, City of et al
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Defendant: Does 1 through 200
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Defendant: Sam Euler
Represented By:	Kathy J Steinman
Represented By:	Charles E Bell, Jr.
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Defendant: Ali Bakhshi
Represented By:	Kathy J Steinman
Represented By:	Charles E Bell, Jr.
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Defendant: Kelvin Lujan
Represented By:	Kathy J Steinman
Represented By:	Charles E Bell, Jr.
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Defendant: T. Wetzel
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Defendant: Two Unknown San Diego Police Officers
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Defendant: Shelley Zimmerman
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Defendant: San Diego, City of
Represented By:	Kathy J Steinman
Represented By:	Charles E Bell, Jr.
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Defendant: Nathan Parga
Represented By:	Kathy J Steinman
Represented By:	Charles E Bell, Jr.
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Defendant: San Diego Police Department
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Defendant: Michael Usrey
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Plaintiff: Luis Jesus Lobaton
Represented By:	Michael R Marrinan
Represented By:	Randall B Hamud
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Plaintiff: Katherine Lobaton
Represented By:	Randall B Hamud
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Plaintiff: Diego Steven Lobaton
Represented By:	Michael R Marrinan
Represented By:	Randall B Hamud
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Plaintiff: Bruce Chourp
Represented By:	Randall B Hamud
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Plaintiff: B.C.
Represented By:	Randall B Hamud
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Plaintiff: Hedy Julca
Represented By:	Michael R Marrinan
Represented By:	Randall B Hamud
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