Davis et al v. Zimmerman et al
| April Davis, Victor Orozco, Alejandro Orozco, Jairo Cervantes Ramirez, Jose Cortes, Marco Amaral, Brenda Vicencio, Madison Goodman, Brandon Steinberg and Nancy Sanchez |
| Shelly Zimmerman, San Diego, City of, William Gore, San Diego, County of and DOES 1-50 |
| 3:2017cv01230 |
| June 16, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Nita L. Stormes |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
199
Order Granting Joint Motion to Dismiss (ECF No. 198 ). The Court DISMISSES WITH PREJUDICE the action. Each party shall bear its own costs and fees. Signed by Judge Cynthia Bashant on 3/8/22. (jmo)
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Filing
188
ORDER denying 185 Plaintiffs' Motion to Re-Tax Costs. Signed by Judge Cynthia Bashant on 2/8/2021. (jmr)
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Filing
171
ORDER: (1) Granting in Part and Denying in Part City Defendants' Motion for Summary Judgment (ECF No. 126 ); (2) Granting County Defendants' Motion for Summary Judgment (ECF No. 127 ); (3) Denying Plaintiffs' Cross-Motion for Summary Judgment (ECF No. 139 ); and (4) Dismissing Remaining State Law Claims Without Prejudice. Signed by Judge Cynthia Bashant on 9/25/20. (jmo)
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Filing
167
ORDER Granting Plaintiffs' Motion to Supplement Record for Summary Judgment Motions (ECF No. 163 ). Both parties are ORDERED, by 7/8/20, to submit BWC footage and identify the precise intervals of time in each video that supports specific arguments in their briefs. Signed by Judge Cynthia Bashant on 6/23/20. (jmo)
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Filing
162
ORDER Denying Plaintiffs' Ex Parte Application to Supplement Record for Summary Judgment Motion (ECF No. 157 ). Signed by Judge Cynthia Bashant on 4/7/20. (jmo)
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Filing
156
ORDER Denying Motion for Rule 37 Sanctions (ECF No. 128 ). Plaintiffs' Motion is denied without prejudice. Signed by Magistrate Judge Allison H. Goddard on 2/25/20. (jmo)
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Filing
151
ORDER granting Ex Parte Application to Vacate Trial Date and Related Deadlines (ECF No. 148 ). Signed by Judge Cynthia Bashant on 1/6/2020. (jmo)
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Filing
122
ORDER granting in part and denying in part County Defendants' 97 Motion to Dismiss for Failure to State a Claim; denying Plaintiffs' 110 Motion for Leave to File Fifth Amended Complaint. Court grants County Defendants' motion to dismiss Plaintiffs' requests for declaratory and injunctive relief. Subject to Court's clarification that this dismissal does not dispose of all claimed Fourth Amendment violations, Court grants County Defendants' motion to dismiss the Fourth Amended claims against County Defendants concerning Plaintiffs' alleged 10-hour post-arrest detention. These claims are dismissed without leave to amend. Court denies County Defendants' motion to dismiss on all other grounds. The C ourt does not find it necessary for an amended complaint to be filed to correct Defendant Radasa's first name. The parties shall use Radasa's correct name in all future filings. Pursuant to Rule 21, Court terminates Officer Maraschiello as a defendant. The Clerk shall update the docket. Signed by Judge Cynthia Bashant on 7/29/2019. (jah)
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Filing
121
ORDER denying Plaintiff Pease's 108 Motion Objecting to Magistrate's Ruling on Discovery Dispute No. 1; denying Plaintiff Pease's 109 Motion Objecting to Magistrate's Ruling on Discovery Dispute No. 2. To the extent the Magistrate Judge refused to compel discovery, the ruling is affirmed. Signed by Judge Cynthia Bashant on 7/15/2019. (jah)
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Filing
104
ORDER on 100 Joint Motion for Determination of Discovery Dispute No. 2. Court grants in part and denies in part Plaintiff's motion to compel. Defendants are to provide answers to Requests for Admission Nos. 21, 22, and 23 within 14 days of this Order. The motion to compel is denied as to all other requests. Signed by Magistrate Judge Nita L. Stormes on 5/20/2019. (jah)
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Filing
103
ORDER re 91 Joint Motion for Determination Discovery Dispute No. 1. Plaintiff's motion to compel is denied. A protective order is entered preventing the deposition of Sheriff Gore. Signed by Magistrate Judge Nita L. Stormes on 5/14/2019. (jah)
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Filing
98
ORDER denying Plaintiff's 80 Motion for Reconsideration re 79 Order on Motion to Exclude. Plaintiffs shall fully comply with the Discovery Order 79 . Signed by Judge Cynthia Bashant on 4/11/2019. (jah)
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Filing
85
ORDER granting in part and denying in part Plaintiffs' 71 Motion for Leave to File Fourth Amended Complaint. Plaintiffs are granted leave to file a consolidated complaint in the lead case. The Cervantes Plaintiffs are granted leave to include in the consolidated pleading the proposed amendments for Cinnamo, individual capacity and changes to the named Plaintiffs and Defendants based on the dismissals the Court previously granted. The Cervantes Plaintiffs are denied leave for all other pr oposed amendments Court has expressly rejected and may not include the proposed amendments in the consolidated complaint. Pease is granted leave to include in the consolidated pleading the proposed amendments for Radasa, Cinnamo, and individual capacity. Plaintiffs may file Fourth Amended Complaint which complies with this order by 3/29/2019. Signed by Judge Cynthia Bashant on 3/12/2019. (jah)
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Filing
37
ORDER granting Defendant Sheriff William Gore and County of San Diego's 31 Motion to Dismiss the Second Amended Complaint. Plaintiffs' first through third causes of action under Section 1983 against Sheriff Gore and the County are dismis sed with prejudice. Plaintiffs' state law claims (claim 4 - Bane Act, claim 5 - false imprisonment, claim 6 assault and battery, claim 7 - negligence) against Sheriff Gore and the County are dismissed with prejudice as barred by the statute of l imitations under the California Tort Claims Act. Plaintiffs' claim (claim 8) for declaratory relief against Sheriff Gore and the County is dismissed without prejudice. Plaintiffs are granted leave to amend their Section 1983 and declaratory reli ef claims in the Second Amended Complaint with respect to Sheriff Gore and the County of San Diego. Plaintiffs may file any Third Amended Complaint by 5/7/2018. No extensions of this deadline will be granted. If Plaintiff's do not file a Third A mended Complaint, the case will proceed solely as to the City of San Diego and the San Diego Police Department (SDPD) Officers, who have filed answers to the pleadings. Court advises Plaintiffs that this will be their last opportunity to amend the pleadings as to Sheriff Gore and the County. Signed by Judge Cynthia Bashant on 4/17/2018. (jah)
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