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13-083 - Xiong v. Chavez, et al.


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13-083 - Xiong v. Chavez, et al.
April 12, 2013
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STIPULATION and ORDER to CONTINUE Initial Scheduling Conference. The Scheduling Conference currently set for 4/18/2013, is CONTINUED to 6/25/2013, at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties joint scheduling report is due by no later than 6/18/2013. Order signed by Magistrate Judge Sheila K. Oberto on 4/12/2013. (Timken, A)
October 1, 2013
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ORDER Granting Defendants' Motion to Consolidate, signed by Magistrate Judge Sheila K. Oberto on 10/1/13. All further filings with respect to either case shall be made in Case Number 1:13-cv-00083-SKO. Scheduling Conference set for 10/17/2013 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Verduzco, M)
October 7, 2014
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before Magistrate Judge Stanley A. Boone. Pretrial Conference set for 8/5/2015, at 02:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Jury Trial set for 9/15/2015, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 10/7/2014. (Timken, A)STIPULATION and ORDER for Extension of Current Fact Discovery Deadline and Adjustment of Other Subsequent Schedule Dates. The Court finds good cause to modify the schedule as follows: Non Expert Discovery by 4/2/2015; Expert Disclosures by 4/16/2015; Supplemental Expert Disclosures by 4/30/2015; Expert Discovery by 5/14/2015; Non-Dispositive Motions filed by 5/20/2015; Dispositive Motions filed by 5/20/2015. Settlement Conference set for 5/15/2015, at 09:00 AM in Courtroom 9 (SAB)
May 8, 2015
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ORDER GRANTING STIPULATED REQUEST FOR SCHEDULE MODIFICATION 39. Pursuant to the parties' request, the schedule is modified as follows: Expert Discovery Deadline currently set for 5/14/2015, is RESET to 5/28/2015. Dispositive/Non-dispositive Motion Filing deadline currently set for 5/20/2015, is RESET to 6/3/2015. Dispositive/Non-dispositive Motion Hearing deadline set for 7/1/2015. The pre-trial conference remains set for 8/5/2015, and the trial remains set for 9/15/2015. Order signed by Magistrate Judge Sheila K. Oberto on 5/7/2015. (Timken, A)
May 12, 2015
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STIPULATION and ORDER to vacate Settlement Conference. Signed by Magistrate Judge Stanley A. Boone on 5/12/2015. (Hernandez, M)
May 27, 2015
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ORDER GRANTING Defendants' Request to Extend Page Limits From Motion for Summary Judgment 43. Defendants and Plaintiffs may file briefs (motion and opposition briefs) up to 50 pages, exclusive of a table of contents, a table of cases, and any supporting declarations and exhibits. Any reply brief may be up to 30 pages in length. Order signed by Magistrate Judge Sheila K. Oberto on 5/27/2015. (Timken, A)
July 29, 2015
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ORDER GRANTING IN PART AND DENYING IN PART 45 Defendants' Motion for Summary Judgment. Defendants' motion for summary judgment as to Kong's claims is DENIED as follows: a) Fourth Amendment claim for excessive force (Doc. 1, Cmplt., Sixth Cause of Action); b) Qualified Immunity for Fourth Amendment claim for excessive force; and c) State law claims for negligence, assault, and battery (Doc. 1., Cmplt., Second, Third, and Fourth Causes of Action). Defendants' motion for summary judgment as to Kong's claims is GRANTED as follows: a) California Civil Code §§ 51.7 and 52.1 (Doc. 1, First Cause of Action, Count 1); b) Common law conspiracy (Doc. 1, Cmplt., First Cause of Action, Count 2); c) Aiding and Abetting (Doc. 1, Cmplt., First Cause of Action, Count 3); d) Negligence on theories of (1) untimely medical care; and (2) inadequate investigation (Doc. 1, Cmplt., Fourth Cause of Action); e) Conspiracy under 42 U.S.C. § 1985 (Doc. 1, Cmplt., Seventh Cause of Action) f) Monell (Doc. 1, Cmplt., Eighth Cause of Action); g) Injunctive Relief Request (Doc. 1, Cmplt., Ninth Cause of Action); and h) Punitive Damage claim against the City of Merced. Defendants' motion for summary judgment as to Luh's claims is DENIED as follows: a) Excessive force under the Fourteenth Amendment as to shooting (1:13-cv- 00111-SKO, Doc. 2, Cmplt., First Cause of Action); b) Alternative request for qualified immunity as to the Fourteenth Amendment excessive force claim as to the shooting; and c) State law claims for assault, battery, and negligence 1:13-cv-00111-SKO, Doc. 2, Cmplt., Fourth And Fifth Causes of Action). Defendants' motion for summary judgment as to Luh's claims is GRANTED as follows: a) Fourth Amendment Claim for excessive force as to shooting and dog bite; b) Fourteenth Amendment Claim for excessive force as to dog bite; and c) Monell. In sum, this case proceeds against Chavez and Lodwick only as to the following claims: a) Kong's claims for (1) excessive force under the Fourth Amendment; (2) negligence; and (3) assault and battery; and b) Luh's claims for (1) excessive force under the Fourteenth Amendment;(2) negligence; and (3) assault and battery. Order signed by Magistrate Judge Sheila K. Oberto on 7/29/2015. (Timken, A)
September 2, 2015
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ORDER on Parties' MOTIONS IN LIMINE, 87, 89, 90 and 91. Order signed by Magistrate Judge Sheila K. Oberto on 9/2/2015. (Timken, A)
September 11, 2015
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ORDER on Parties' Stipulation for Dismissal of Plaintiff Kong Xiong's State Law Claims. Order signed by Magistrate Judge Sheila K. Oberto on 9/11/2015. (Timken, A)
September 24, 2015
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JUDGMENT dated *9/23/2015* in favor of Defendant Chavez and Defendant Officer Lodwick pursuant to order (Fahrney, E)
January 28, 2016
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ORDER re PLAINTIFF'S MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL, 156 and 174. Plaintiff's renewed motion for judgment as a matter of law and motion for a new trial is DENIED. Order signed by Magistrate Judge Sheila K. Oberto on 1/28/2016. (Timken, A)