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11-1820 - Duenez et al v. City of Manteca et al


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11-1820 - Duenez et al v. City of Manteca et al
September 14, 2011
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ORDER signed by Judge Lawrence K. Karlton on 9/13/11: Status Conference set for 10/17/2011 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
October 5, 2011
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/2011. (Duong, D)
October 6, 2011
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ORDER signed by Judge Lawrence K. Karlton on 10/4/11 ORDERING the hearing set for 10/11/11 regarding 9 Motion to Dismiss, Strike, and for More Definite Statement is continued to 10/24/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Matson, R)
October 27, 2011
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ORDER granting in part and denying in part 9 Motion to Dismiss signed by Judge Lawrence K. Karlton on 10/26/11. (Kaminski, H)
December 2, 2011
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ORDER signed by Judge Lawrence K. Karlton on 12/2/11: Status Conference set for 2/27/2012 at 02:00 PM in Chambers 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
January 30, 2012
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ORDER signed by Judge Lawrence K. Karlton on 1/27/12 ORDERING that Plaintiff's Request 30 is DENIED AS MOOT. (Mena-Sanchez, L)
February 23, 2012
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ORDER signed by Judge Lawrence K. Karlton on 02/22/12 ORDERING that defendants' 27 Motion to Dismiss is DENIED and the 27 Motion to Strike is GRANTED. (Benson, A.)
March 29, 2012
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ORDER signed by Judge Lawrence K. Karlton on 3/28/12 ORDERING that a Further Status Conference is SET for 6/25/2012 at 03:00 PM. The parties shall file updated Status Reports 14 days prior to the Status Conference. (Mena-Sanchez, L)
June 27, 2012
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STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 6/26/12: Discovery due by 5/20/2013. Dispositive Motions filed by 7/20/2013. Final Pretrial Conference set for 10/21/2013 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 1/22/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
October 29, 2012
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STIPULATION OF THE PARTIES AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/26/12. (Meuleman, A)
November 6, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/5/12 ORDERING that no later than 12/3/2012, the parties shall file a joint statement regarding the pending discovery motions (dkt. nos. 46, 47) in accordance with Local Rule 251. Counsel are cautioned that failure to comply with Local Rule 251's requirements may result in the imposition of any appropriate sanctions. (Kastilahn, A)
February 14, 2013
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ORDER signed by Magistrate Judge Allison Claire on 2/13/13 ORDERING that Plaintiffs' November 5, 2012 Request to Seal Documents is granted. (Becknal, R)
February 22, 2013
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ORDER signed by Magistrate Judge Allison Claire on 1/22/13 ORDERING that Plaintiff's 11/5/12 MOTION to Compel 46 is GRANTED in part. Defendants shall provide supplemental responses to Plaintiffs' requests for production of documents consistent with this order within fourteen days from the date of this order; Defendant shall submit to the court any and all documents responsive to RFP No. 5 within seven days of the date of this order for an in camera review; Plaintiffs' 11/5/12 MOTION FOR SANCTIONS 47 is DENIED. (Mena-Sanchez, L)
March 4, 2013
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ORDER signed by Magistrate Judge Allison Claire on 3/1/13 ORDERING that Defendant's objection to Plaintiffs' Request for Production of Documents No. 5 is partially overruled. Defendants are directed to produce only page number 000005 of those documents submitted to the court for in camera review to Plaintiffs within seven days from the date of this order and subject to the protective order in this case.(Mena-Sanchez, L)
March 18, 2013
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ORDER signed by Judge Lawrence K. Karlton on 3/14/13 ORDERING the following modifications to the Pre-Trial Scheduling Order: Expert witness designations are due on June 5, 2013; Discovery shall be completed by July 19, 2013; Motions to Compel Discovery shall be heard not later than June 20, 2013; Law and motions matters shall be heard by September 20, 2013; Final Pretrial Conference is SET for December 16, 2013 at 2:30 P.M.; Trial is SET for March 25, 2014. (Kastilahn, A)
April 10, 2013
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ORDER signed by Judge Lawrence K. Karlton on 4/9/2013 ORDERING 63 that the Court DECLINES to modify the scheduling order as per the parties' stipulation. The parties may make any agreements between themselves as to discovery, but the court will only enforce the dates in the existing scheduling orders. re orders 43, 62 (Reader, L)
August 13, 2013
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ORDER signed by Judge Lawrence K. Karlton on 8/12/13 GRANTING 73 Application for Exceeding Page Limits for a memorandum of points and authorities in support of their Motion for Summary Judgment. (Meuleman, A)
August 14, 2013
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ORDER signed by Judge Lawrence K. Karlton on 8/13/13 ORDERING that proof of good cause having been made to the satisfaction of this Court that the application sought for Defendants to exceed the page limits for a memorandum of points and authorities in support of their Motion for Summary Judgment and/or Motion for Partial Summary Judgment should be granted. IT IS SO ORDERED that the application be, and hereby is, GRANTED. (Becknal, R)
August 14, 2013
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ORDER signed by Judge Lawrence K. Karlton on 8/13/13 ORDERING that pending before the court in the above-captioned case are cross-motions for summary judgment filed by plaintiffs and defendants. The motions are currently set for hearing on September 9, 2013. (ECF Nos. 75, 80.) For administrative reasons, the hearing will be CONTINUED until September 23, 2013 at 10:00 a.m. The deadlines for filing oppositions to these motions (August 26, 2013) and replies, if any (September 3, 2013), remain unchanged. (Becknal, R)
August 22, 2013
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 8/22/2013 ORDERING that the hearing date on Plaintiffs' and Defendants' 75, 80 Motions for Summary Judgment, currently scheduled to be heard on 9/23/2013, is CONTINUED to 11/4/2013 at 10:00 am in Courtroom 4 before Judge Lawrence K. Karlton. (Zignago, K.)
December 11, 2013
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ORDER signed by Judge Lawrence K. Karlton on 12/10/2013 CONTINUING the Final Pretrial Conference to 1/13/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; CONINUING the Jury Trial to 4/15/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)
December 23, 2013
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ORDER signed by Judge Lawrence K. Karlton on 12/20/13 ORDERING that the defendants are entitled to the following partial adjudication, based upon plaintiffs' concessions, specifically, that no claim in this action arises from defendants' pointing a gun at decedent's widow, pulling decedent away from the pickup truck, handcuffing decedent, searching the house on Flores Court or detaining or arresting any non-parties to this action. Accordingly, the portions of any claim that are predicated upon that conduct are hereby DISMISSED WITH PREJUDICE; Defendants are entitled to qualified immunity for the search that was performed on decedent after the shooting. Accordingly, the portions of any claims that is predicated upon that conduct are hereby DISMISSED WITH PREJUDICE; Defendants' motion for summary judgment on Claim 1, to the degree it asserts any state claim, is hereby DISMISSED WITH PREJUDICE; Defendants' motion for summary judgment against Whitney Duenez on Claim 1 is GRANTED; Defendants' motion for summary judgment against D.D. (as successor in interest to decedent's estate) on Claim 1, is DENIED to the degree it is predicated upon the Fourth Amendment, and GRANTED to the degree it is predicated upon the alleged denial of medical care; Defendants' motion for summary judgment on Claim 2, relating to the claim for deprivation of familial relationships is DENIED; Defendants' motion for summary judgment on Claim 3, for Monell liability against the City and Bricker, is hereby DENIED, and that claim may proceed to the degree it is predicated upon inadequate training only; Defendants' motion for summary judgment on Claim 4 is DENIED, however, the court sua sponte dismisses Claim 4 to the degree it is predicated upon the deprivation of familial association, brought by Whitney Duenez in her capacity as successor in interest to the decedent's estate; Defendants' motion for summary judgment on Claim 6, a claim under Cal. Civ. Code ยง 52.1, is hereby DENIED; Defendants' motion for summary judgment on Claim 8, by Whitney Duenez for intentional infliction of emotional distress, is GRANTED; Defendants' motion for summary judgment on all claims for injunctive relief is DENIED; Defendants' motion for summary judgment on the request for punitive damages is DENIED; Plaintiffs' motion for summary judgment is DENIED in its entirety; Plaintiffs' motion to seal documents is DENIED; Plaintiffs' motion to re-open discovery, so that they can depose defendants' attorney, is DENIED.(Becknal, R)
January 10, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/10/2014 ORDERING the court hereby CERTIFIES that Moody's interlocutory appeal is frivolous, and that Bricker's interlocutory appeal is waived; Because the Citys appeal is predicated solely upon the appeals of Moody and Bricker, it is also frivolous. All dates currently set in this case are hereby CONFIRMED. The Clerk of the District Court shall file this order with the U.S. Court of Appeals for the Ninth Circuit.(cc: 9th Circuit Court of Appeals)(Waggoner, D)
March 6, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/5/2014 ORDERING that dispositional documents disposing of the case be filed no later than thirty (30) days from the effective date of this order. All hearing dates heretofore set in this matter are hereby VACATED. (Zignago, K.)
March 24, 2014
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ORDER signed by Judge Lawrence K. Karlton on 3/24/2014 GRANTING plaintiffs' 195 Application for Court Order Shortening Time. The hearing for 194 Motion for Appointment of Guardian Ad Litem and Approving Minor's Compromise is CONTINUED to 4/7/2014 at 10:00 AM in Courtroom 4 (LKK). (Marciel, M)
April 8, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/7/14 GRANTING 196 Motion to Appoint Guardian ad Litem ad Litem and APPROVING minor's compromise. (Meuleman, A)
April 23, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/22/14 AMENDING 199 Order re 196 MOTION to APPOINT GUARDIAN AD LITEM. (Meuleman, A)