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13-1402 - Novak v. Merced Police Department, et al.


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13-1402 - Novak v. Merced Police Department, et al.
November 20, 2013
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ORDER VACATING hearing currently set for November 25, 2013, signed by District Judge Anthony W. Ishii on 11/19/2013. (Figueroa, O)
February 24, 2014
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ORDER GRANTING 10 Defendants' Motion to Dismiss signed by District Judge Anthony W. Ishii on 2/21/2014. Amended Complaint due within twenty-eight (28) days. (Jessen, A)
April 11, 2014
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ORDER re: Stipulation (Doc. 26) to Extend Time for Defendants the Mentor Network, Loyd's Liberty Homes Inc., Care Meridian, LLC., Christina Trigg, and Joella Brewer to Respond to the First Amended Complaint: by 4/18/2014. signed by Magistrate Judge Barbara A. McAuliffe on 4/11/2014. (Herman, H)
April 17, 2014
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ORDER GRANTING Attorney Wyatt James Holtsclaw's 24 Motion to Withdraw as Attorney of Record for Mentor Network, Loyd's Liberty Homes, Inc., Christina Trigg, Joella Brewer, and Meridian Care, LLC, signed by Magistrate Judge Barbara A. McAuliffe on 4/17/2014. (Marrujo, C)
February 4, 2015
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AMENDED SCHEDULING ORDER. Order Adopting the Parties Stipulation (Doc. 38) IN PART. The parties stipulation filed on February 3, 2015 (Doc. 38) outlined above is adopted by the Court IN PART. The new deadlines are outlined as follows: Expert Disclosure April 2, 2015. Supp. Expert Disclosure April 23, 2015. Non-Expert Discovery Cut-off April 27, 2015. Expert Discovery Cut-off May 15, 2015. Pre-trial Motion Filing Deadline June 15, 2015. The parties are advised that at this stage of the proceedings extension of the non-dispositive motion deadline as proposed is unnecessary. Non-expert and expert discovery deadlines have been extended and the associated motions to compel are tied to these deadlines. Compliance with these non-expert and expert discovery deadlines requires motions to compel be filed and heard sufficiently in advance of the cutoff so that the Court may grant effective reliefwithin the allotted discovery time. A partys failure to have a discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the motion as untimely. Additionally, all other pre-trial motions must be filed no later than June 15, 2015, so that the Court has sufficient time to rule on the motions prior to the pretrial conference August 26, 2015. signed by Magistrate Judge Barbara A. McAuliffe on 2/4/2015. (Herman, H)
May 12, 2015
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ORDER re Stipulation (Doc. 42) and Request to Modify/Amend the February 4, 2015 Amended Scheduling Order to Continue the Trial date, Discovery, and Related Deadlines. Discovery Cut-off by 9/29/2015. Expert Discovery Cut-off by 10/16/2015. Pre-trial/MSJ Motion Filing Deadline by 11/2/2015. PRETRIAL CONFERENCE set for January 27, 2016 ( was 8/26/2015) at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. JURY TRIAL set for March 29, 2016 (was 10/27/2015) at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 5/12/2015. (Herman, H)
October 29, 2015
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ORDER Granting Stipulation (Doc. 45) and Request to Modify/Amend Scheduling Order: that the May 12, 2015 Amended Scheduling Order is further amended as follows: (1) Non-party discovery completion shall be extended from September 29, 2015 to December 1, 2015; (2) Expert discovery completion shall be extended from October 16, 10 2015 to December 1, 2015; (3) All other dates in the May 12, 2015 Amended Scheduling Order shall remain intact. signed by Magistrate Judge Barbara A. McAuliffe on 10/29/2015. (Herman, H)
December 16, 2015
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STIPULATED Agreement to Extend Scheduling Order; Summary Judgment Motion of Defendants, Mentor Network, Loyds Liberty Homes, Trigg and Brewer; and ORDER thereon. Non-Expert Discovery Cut-off for the deposition of Rasmussen ONLY March 31, 2016; Pre-trial/MSJ Filing Deadline May 6, 2016; PRETRIAL CONFERENCE is continued from 1/27/2016 to August 1, 2016 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe; JURY TRIAL is continued from 3/29/2016 to September 13, 2016 at AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The motion for summary judgment currently pending (Doc. 47) is DENIED without prejudice based upon the continuance. signed by Magistrate Judge Barbara A. McAuliffe on 12/15/2015. (Herman, H)
May 23, 2016
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ORDER DISMISSING CareMeridian, LLC From This Action and ORDER on 52 Defendants' Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment signed by Magistrate Judge Barbara A. McAuliffe on 5/23/2016. (Jessen, A)
July 26, 2016
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ORDER to SHOW CAUSE Why Action Should Not be Dismissed, or Other Evidentiary Sanctions Should Not Be Imposed, for Failure to Comply with Court order and Local Rules and for Failure to Prosecute. Show Cause Hearing: set for 8/1/2016 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. IT IS HEREBY ORDERED that Plaintiff show cause by WRITTEN response on or before July 29, 2016, at 10:00 a.m., why this action should not be dismissed, with prejudice, for failure to obey the Courts order and Local Rules and for failure to prosecute this action. signed by Magistrate Judge Barbara A. McAuliffe on 7/26/2016. (Herman, H)
July 28, 2016
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ORDER DISCHARGING Order to Show Cause: Draft Joint Pretrial Statement. Doc. 66. - Upon review, this document appears to contain the majority of Plaintiffs information required pursuant to Local Rule 281. For that reason, the Courts Order to Show Cause (Doc. 67) issued on July 26, 2016, is HEREBY DISCHARGED and no sanctions will be imposed at this time. Further, the show cause hearing scheduled for August 1, 2016, at 8:30 a.m. in Courtroom 8 (BAM) is HEREBY VACATED. The Pretrial Conference SHALL PROCEED as scheduled on August 1, 2016, at 8:30 a.m. in Courtroom 8 (BAM) before the undersigned. signed by Magistrate Judge Barbara A. McAuliffe on 7/28/2016. (Herman, H)
August 2, 2016
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ORDER regarding settlement conference procedures signed by Magistrate Judge Erica P. Grosjean on 8/1/2016. (Rooney, M)
August 11, 2016
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ORDER regarding settlement conference procedures signed by Magistrate Judge Erica P. Grosjean on 8/10/2016. (Rooney, M)
August 19, 2016
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ORDER TO EXTEND FILING DATE FOR MOTIONS IN LIMINE FROM AUGUST 19, 2016 TO AUGUST 23, 2016 WITH NO CHANGES TO ANY OTHER DEADLINES IN PRETRIAL ORDER OF AUGUST 1, 2016. Signed by Magistrate Judge Barbara A. McAuliffe on 8/19/2016. (Hernandez, M)
December 2, 2016
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ORDER to SHOW CAUSE: On August 23, 2016, the parties participated in a settlement conference, reached a settlement and placed the terms and conditions of the settlement on the record. (Doc 79) Within seven (7) days of the date of this order, the parties are ORDERED to show cause, if any, why sanctions should not be imposed for failing to file dispositional documents. The parties shall comply with this order by filing either (1) a joint status report outlining the status of the settlement and explaining why the dispositional documents have not been filed, or (2) appropriate papers to dismiss or conclude this action in its entirety. In addition to the imposition of sanctions against both parties, Plaintiff is advised that failure to respond to this Order to Show Cause may result in dismissal of this action. signed by Magistrate Judge Barbara A. McAuliffe on 12/2/2016. (Herman, H)
December 7, 2016
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ORDER DISCHARGING Order to Show Cause: In light of the joint status report, the Court's Order to Show Cause issued on December 2, 2016, is HEREBY DISCHARGED and no sanctions will be imposed at this time. The parties are cautioned that additional delays in resolving this action may result in the imposition of sanctions. Accordingly, it is HEREBY ORDERED as follows: (1.) Plaintiff's motion for attorney's fees, if any, shall be filed on or before February 3, 2017; (2.) If no motion for attorney's fees is filed, the parties shall file dispositional documents to dismiss or conclude this action in its entirety on or before February 10, 2017; (3.) If a motion for attorney's fees is filed, the Court shall set a separate deadline for the filing of dispositional documents following the resolution of the motion; and (4.) The failure to comply with this order will result in the imposition of sanctions. Plaintiff is further advised that failure to comply with this order will result in dismissal of this action. signed by Magistrate Judge Barbara A. McAuliffe on 12/7/2016. (Herman, H)
February 27, 2017
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ORDER to SHOW CAUSE: Plaintiff did not file a motion for attorney's fees in response to the Court's order. The parties also did not file timely dispositional documents. Accordingly, within seven (7) days of the date of this order, the parties are ORDERED to show cause, if any, why sanctions should not be imposed for failing to file dispositional documents in compliance with the Court's order. See Local Rule 160(b) (failure to file dispositional papers on the date prescribed the court may be grounds for sanctions). The parties may comply with this order by filing appropriate papers to dismiss or conclude this action in its entirety. Plaintiff is advised that the failure to timely respond to this order to show cause will result in the dismissal of this case without further notice. signed by Magistrate Judge Barbara A. McAuliffe on 2/27/2017. (Herman, H)
April 20, 2017
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ORDER SETTING to SHOW CAUSE HEARING and ORDERING Counsel to Personally Appear and Show Cause: Show Cause Hearing set for May 5, 2017 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. PERSONAL APPEARANCE REQUIRED - due to the parties' failure to obey this Courts order, Counsel are ORDERED TO APPEAR IN PERSON at the May 5, 2017 show cause hearing. Alternatively, the parties may comply with this order by filing appropriate papers to dismiss or conclude this action in its entirety on or before April 28, 2017. If the parties file timely stipulated dismissal documents, the May 5, 2017 Order to Show Cause Hearing will be vacated and the case closed. signed by Magistrate Judge Barbara A. McAuliffe on 4/20/2017. (Herman, H)