Charmane Henderson v. City of Torrance, et al
| DANIEL VAZQUEZ, BRIAN MCGEE, LANCE NELSON, ALEX GONZALES, JOSEPH CRAFT, CITY OF TORRANCE, a municipal corporation and JOSH BURDEN |
| CHARMANE HENDERSON, individually and as successor-in-interest to Decedent Deautry Charles Ross |
| CHRISTOPHER TOMSIC, individually, and in their official capacity as police officers for the Torrance Police Department |
| 21-55024 |
| January 11, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 9 Filed order MEDIATION (SJS): The briefing schedule previously set by the court is amended as follows: appellants' consolidated opening brief is due May 19, 2021; appellee's consolidated answering brief is due June 18, 2021; appellants' optional reply brief is due within 21 days from the service date of the consolidated answering brief. [12024031] [21-55016, 21-55024] (AF) [Entered: 03/04/2021 10:15 AM] |
| Filing 8 Added Attorney(s) Della Diana Thompson-Bell for party(s) - City of Torrance, in case 21-55024 Attorney(s) Della Diana Thompson-Bell for party(s) Appellant City of Torrance, in case 21-55016. [12023127] [21-55016, 21-55024] (DJV) [Entered: 03/03/2021 02:10 PM] |
| Filing 7 Filed (ECF) notice of appearance of Della Diana Thompson-Bell (City of Torrance, 3031 Torrance Boulevard, Torrance, California, 90503) for Appellant City of Torrance in 21-55016. Date of service: 03/03/2021. (Party was previously proceeding with counsel.) [12023121] [21-55016, 21-55024] (Thompson-Bell, Della) [Entered: 03/03/2021 02:07 PM] |
| Filing 6 Filed order MEDIATION (SJS): A video mediation will be held on April 8, 2021, at 10:00 a.m. Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and client representatives having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. Mediation statements shall be submitted to the Circuit Mediator via e-mail [steven_saltiel@ca9.uscourts.gov] on or before April 1, 2021 by 12:00 p.m....Mediation statements shall not be filed with the court. (SEE ORDER FOR FULL TEXT) [12019802] [21-55016, 21-55024] (AF) [Entered: 03/01/2021 12:30 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): The court sua sponte consolidate these appeals. Appeal Nos. 21-55016 and 21-55024 are consolidated. The opening briefs and excerpts of record in these consolidated appeals are due April 19, 2021. The consolidated answering brief is due May 19, 2021. Appellants optional reply briefs are due within 21 days after service of the consolidated answering brief. All parties on a side are encouraged to join in a single brief to the greatest extent practicable. See 9th Cir. R. 32-2 advisory committees note. In addition to all other issues the parties wish to raise in their briefs, the parties shall address the basis for this courts jurisdiction over these qualified immunity appeals, including the appeal filed by the City of Torrance. See Foster v. City of Indio, 908 F.3d 1204, 1210 (9th Cir. 2018) (court of appeals has jurisdiction over interlocutory qualified immunity appeal only to the extent the issue appealed concern[s], not which facts the parties might be able to prove, but, rather, whether or not certain given facts show[] a violation of clearly established law) (internal quotations and citations omitted); see also Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) (The denial of summary judgment to a municipal defendant on a Monell claim is . . . no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.); Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). [11993015] [21-55016, 21-55024] (AF) [Entered: 02/04/2021 01:55 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 02/16/2021, 2:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11980865] [21-55016, 21-55024] (CL) [Entered: 01/25/2021 06:29 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/19/2021. 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.[11967880]. [21-55024] (AD) [Entered: 01/19/2021 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Christopher Tomsic Mediation Questionnaire. Date of service: 01/19/2021. [11967839] [21-55024] (Smith, Douglas) [Entered: 01/19/2021 12:30 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Christopher Tomsic Mediation Questionnaire due on 01/19/2021. Transcript ordered by 02/08/2021. Transcript due 03/09/2021. Appellant Christopher Tomsic opening brief due 04/19/2021. Appellee Charmane Henderson answering brief due 05/19/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11959468] (JBS) [Entered: 01/11/2021 03:09 PM] |
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