Jose Gorostieta, et al v. T. Hendrix, et al
| ALEXANDRA GABRIELA ORDUNO |
| CASEY J. FARWICK, CHP Officer, COUNTY OF RIVERSIDE, a municipal corporation, DOES, 1-25, CITY OF INDIO, a municipal corporation and BRADLEY KEMP, CHP Officer |
| T. HENDRIX, CHP Officer, S. BASSAM FAKIH, CHP Officer, RAYMOND CHAVEZ, CHP Officer, ANDY MILIEN, CHP Officer and RICARDO CERNA, Indio Police Officer |
| JOSE GOROSTIETA, as a personal representative of the Estate of Jesus Orduno Luviano |
| 19-55030 |
| January 8, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 41 Filed clerk order (Deputy Clerk: HL): Appellants and Appellee Richard Cernas unopposed motions pursuant to 9th Cir. R. 27-14 for leave to transmit physical exhibits (Docket Entry Nos. [ # 19 ], [ # 34 ]) are granted. The parties shall submit 4 copies of the exhibits within 7 days of the date of this order. [11504145] (WL) [Entered: 11/19/2019 01:40 PM] |
| Filing 40 Filed 4 paper copies of excerpts of record [ # 31 ] in 1 volume(s) filed by Appellees T. Hendrix, et al. [11494601] (KT) [Entered: 11/08/2019 03:33 PM] |
| Filing 39 Received 7 paper copies of Answering Brief [ # 32 ] filed by Ricardo Cerna. [11494575] (SD) [Entered: 11/08/2019 03:27 PM] |
| Filing 38 Received 7 paper copies of Answering Brief [ # 30 ] filed by T. Hendrix, et al..[11494555] (SD) [Entered: 11/08/2019 03:21 PM] |
| Filing 37 Filed 4 paper copies of supplemental excerpts of record [ # 33 ] in 1 volume(s) filed by Appellee Ricardo Cerna. [11494507] (KT) [Entered: 11/08/2019 03:08 PM] |
| Filing 36 Filed clerk order: The answering brief [ # 30 ] submitted by T. Hendrix, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the excerpts of record [ # 31 ] submitted by T. Hendrix, et al. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11489244] (KT) [Entered: 11/05/2019 10:10 AM] |
| Filing 35 Filed clerk order: The answering brief [ # 32 ] submitted by Ricardo Cerna is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the supplemental excerpts of record [ # 33 ] submitted by Ricardo Cerna. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11488534] (KT) [Entered: 11/04/2019 03:49 PM] |
| Filing 34 Filed (ECF) Appellee Ricardo Cerna Motion to transmit exhibit. Date of service: 11/04/2019. [11488059] [19-55030] (Barvie, Nicole) [Entered: 11/04/2019 02:02 PM] |
| Filing 33 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Ricardo Cerna. Date of service: 11/04/2019. [11488039] [19-55030] (Barvie, Nicole) [Entered: 11/04/2019 01:56 PM] |
| Filing 32 Submitted (ECF) Answering Brief for review. Submitted by Appellee Ricardo Cerna. Date of service: 11/04/2019. [11488013] [19-55030] (Barvie, Nicole) [Entered: 11/04/2019 01:51 PM] |
| Filing 31 Submitted (ECF) excerpts of record. Submitted by Appellees S. Bassam Fakih, T. Hendrix, Andy Milien and Raymond Chavez. Date of service: 11/04/2019. [11487703] [19-55030]--[COURT UPDATE: attached corrected PDF of excerpts of record. 11/05/2019 by KT] (Dean, Donna) [Entered: 11/04/2019 12:16 PM] |
| Filing 30 Submitted (ECF) Answering Brief for review. Submitted by Appellees T. Hendrix, S. Bassam Fakih, Andy Milien and Raymond Chavez. Date of service: 11/04/2019. [11487696] [19-55030] (Dean, Donna) [Entered: 11/04/2019 12:13 PM] |
| Filing 29 Streamlined request [28] by Appellee Ricardo Cerna to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees S. Bassam Fakih, Ricardo Cerna, Raymond Chavez, T. Hendrix and Andy Milien answering brief due 11/04/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11452766] (BG) [Entered: 10/03/2019 11:04 AM] |
| Filing 28 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Ricardo Cerna. New requested due date is 11/04/2019. [11451560] [19-55030] (Barvie, Nicole) [Entered: 10/02/2019 12:53 PM] |
| Filing 27 Streamlined request [26] by Appellees S. Bassam Fakih, Raymond Chavez, T. Hendrix and Andy Milien to extend time to file the brief is approved for all Appellees. Amended briefing schedule: Appellees S. Bassam Fakih, Ricardo Cerna, Raymond Chavez, T. Hendrix and Andy Milien answering brief due 10/04/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11401925] (JN) [Entered: 08/19/2019 12:19 PM] |
| Filing 26 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees S. Bassam Fakih, Raymond Chavez, T. Hendrix and Andy Milien. New requested due date is 10/04/2019. [11401795] [19-55030] (Dean, Donna) [Entered: 08/19/2019 11:36 AM] |
| Filing 25 Received 7 paper copies of Opening Brief [ # 20 ] filed by Jose Gorostieta. [11395038] (SD) [Entered: 08/12/2019 05:05 PM] |
| Filing 24 Filed 4 paper copies of excerpts of record [ # 18 ] in 3 volume(s) filed by Appellant Jose Gorostieta. [11394711] (KT) [Entered: 08/12/2019 03:19 PM] |
| Filing 23 Filed clerk order: The opening brief [ # 20 ] submitted by Jose Gorostieta is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [ # 18 ] submitted by Jose Gorostieta. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11387197] (KT) [Entered: 08/05/2019 01:31 PM] |
| Filing 22 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [1-2]) for leave to file the opening brief late is granted. The Clerk will file the opening brief (Docket Entry No. [ # 20 ]). The answering brief is due September 4, 2019. The optional reply brief is due within 21 days after service of the answering brief. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [11386688] (WL) [Entered: 08/05/2019 10:40 AM] |
| Filing 21 Filed (ECF) Appellant Jose Gorostieta Motion to file a late brief. Date of service: 08/02/2019. [11385157] [19-55030] (Rutman, Keith) [Entered: 08/02/2019 09:46 AM] |
| Filing 20 Submitted (ECF) Opening Brief for review. Submitted by Appellant Jose Gorostieta. Date of service: 08/01/2019. [11384938] [19-55030]--[Edited 08/02/2019 by KT COURT UPDATE attached corrected PDF of opening brief] (Rutman, Keith) [Entered: 08/02/2019 12:20 AM] |
| Filing 19 Filed (ECF) Appellant Jose Gorostieta Motion to transmit exhibit. Date of service: 08/01/2019. [11384799] [19-55030] (Rutman, Keith) [Entered: 08/01/2019 04:44 PM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Jose Gorostieta. Date of service: 08/01/2019. [11384792] [19-55030] (Rutman, Keith) [Entered: 08/01/2019 04:41 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: th): Granting the Appellant's Unopposed Late Motion [ # 15 ] (ECF Filing) to extend time to file the opening brief. Appellant Jose Gorostieta opening brief due 08/01/2019. Appellees S. Bassam Fakih, Ricardo Cerna, Raymond Chavez, T. Hendrix and Andy Milien answering brief due 09/03/2019. The optional reply brief is due 21 days after service of the answering brief. [11330266] (TH) [Entered: 06/13/2019 02:03 PM] |
| Filing 16 Fee status changed ( [Case Number 19-55030: IFP] ). [11330259] (BY) [Entered: 06/13/2019 02:00 PM] |
| Filing 15 Filed (ECF) Appellant Jose Gorostieta Unopposed Motion to extend time to file Opening brief until 08/01/2019. Date of service: 06/13/2019. [11329967] [19-55030] (Rutman, Keith) [Entered: 06/13/2019 11:57 AM] |
| Filing 14 Streamlined request [13] by Appellant Jose Gorostieta to extend time to file the brief is approved. Amended briefing schedule: Appellant Jose Gorostieta opening brief due 06/17/2019. Appellees S. Bassam Fakih, Ricardo Cerna, Raymond Chavez, T. Hendrix and Andy Milien answering brief due 07/17/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11295752] (BG) [Entered: 05/13/2019 03:52 PM] |
| Filing 13 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Jose Gorostieta. New requested due date is 06/17/2019. [11295140] [19-55030] (Flynn, Robert) [Entered: 05/13/2019 01:17 PM] |
| Filing 12 Filed order MEDIATION (LW): The existing briefing schedule is VACATED. The following briefing schedule shall govern this appeal: Appellants opening brief is due May 17, 2019; appellees answering brief is due June 17, 2019; appellants optional reply brief is due within 21 days of service of the answering brief. [11207972] (KRK) [Entered: 02/26/2019 12:20 PM] |
| Filing 11 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [11207425] (LW) [Entered: 02/26/2019 09:12 AM] |
| Filing 10 Added attorney Keith H. Rutman for Jose Gorostieta, in case 19-55030. [11168809] (RR) [Entered: 01/28/2019 11:18 AM] |
| Filing 9 Filed (ECF) notice of appearance of Keith Howard Rutman for Appellant Jose Gorostieta. Date of service: 01/27/2019. (Party previously proceeding without counsel: No) [11167988] [19-55030] (Rutman, Keith) [Entered: 01/27/2019 07:14 AM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 02/05/2019, 2:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11157598] (LW) [Entered: 01/17/2019 02:41 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 01/15/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11154545] (AD) [Entered: 01/15/2019 06:44 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 01/15/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11154544] (AD) [Entered: 01/15/2019 06:44 PM] |
| Filing 5 Filed (ECF) Appellant Jose Gorostieta Mediation Questionnaire. Date of service: 01/15/2019. [11154164] [19-55030] (Flynn, Robert) [Entered: 01/15/2019 03:23 PM] |
| Filing 4 Filed (ECF) Appellees T. Hendrix, S. Bassam Fakih, Andy Milien and Raymond Chavez Mediation Questionnaire. Date of service: 01/15/2019. [11153961] [19-55030] (Dean, Donna) [Entered: 01/15/2019 02:10 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/10/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11149366] (AD) [Entered: 01/10/2019 06:45 PM] |
| Filing 2 Filed (ECF) Appellee Ricardo Cerna Mediation Questionnaire. Date of service: 01/10/2019. [11148593] [19-55030] (Barvie, Nicole) [Entered: 01/10/2019 01:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/15/2019. Transcript ordered by 02/06/2019. Transcript due 03/08/2019. Appellant Jose Gorostieta opening brief due 04/17/2019. Appellees S. Bassam Fakih, Ricardo Cerna, Raymond Chavez, T. Hendrix and Andy Milien answering brief due 05/17/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11144643] (JMR) [Entered: 01/08/2019 09:47 AM] |
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