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14-2730 - Gardner v. California Highway Patrol et al


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14-2730 - Gardner v. California Highway Patrol et al
February 13, 2015
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ORDER denying Defendant Miller's 10 Motion to Dismiss signed by Judge John A. Mendez on 2/12/15. (Kaminski, H)
March 6, 2015
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STIPULATION AND ORDER signed by Judge John A. Mendez on 3/5/2015 ORDERING Defendants Tehama County Sheriff's Department, Ed McCullough to respond to the initial complaint and any amended complaints through and including 4/30/2015, or 30 days after the filing and service of the amended complaint. (Michel, G.) Modified on 3/13/2015 (Michel, G.).
July 20, 2015
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ORDER signed by Judge John A. Mendez on 7/20/2015 ORDERING that as to Defendants CHP and Fischer, the Court GRANTS WITHOUT LEAVE TO AMEND State Defendants' 34 motion to dismiss Plaintiff's second, fourth, sixth, and seventh causes of action against Defendant CHP; DENIES State Defendants' motion to dismiss Plaintiff's tenth and eleventh causes of action against Defendant Fischer; GRANTS WITH LEAVE TO AMEND State Defendants' motion to dismiss Plaintiff's twelfth cause of action against Defendant CHP; As to Defendants Tehama County and McCullough, the Court DENIES County Defendants' 36 motion to dismiss PlaintifF's first cause of action insofar as Plaintiff states a substantive due process claim against Defendant McCullough; GRANTS WITH LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's second cause of action against Defendant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's third and fourth causes of action against Defendant McCullough and Defendant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's fifth and sixth causes of action against Defendant McCullough and Defendant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's eighth cause of action against Defendant County; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's ninth cause of action against Defendant McCullough; GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's eleventh cause of action against Defendant McCullough; and GRANTS WITHOUT LEAVE TO AMEND County Defendants' motion to dismiss Plaintiff's twelfth cause of action against Defendant McCullough and Defendant County. Plaintiff's Second Amended Complaint must be filed within twenty (20) days from the date of this Order. Defendants' responsive pleadings are due within twenty (20) days thereafter. If Plaintiff elects not to file a Second Amended Complaint, the case will proceed consistent with this Order. (Zignago, K.)
August 28, 2015
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STIPULATION and ORDER For filing of a Third Amended Complaint signed by Judge John A. Mendez on 8/28/15. Plaintiff Drew Gardner may file his Third Amended Complaint, a true and correct copy of which is attached to the parties' Stipulation as Exhibit "A". (Mena-Sanchez, L)
September 10, 2015
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ORDER signed by Judge John A. Mendez on 9/8/2015 GRANTING 53 Request to Seal filed by Tehama County Sheriff's Department, Ed McCullough. 37 Request for Judicial Notice and 47 Motion for Reconsideration are RESTRICTED from public view. Attorney Keck is DIRECTED to file redacted versions of 37 Request for Judicial Notice and 47 Motion for Reconsideration that are in compliance with Local Rules and FRCP 5.2. (Donati, J)
October 28, 2015
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STIPULATION and ORDER signed by Judge John A. Mendez on 10/27/15: The time period in which Deputy McCullough must file an answer to the Third Amended Complaint is extended through and including December 14, 2015. The time period in which Deputy McCullough may file a notice of appeal is extended through and including December 14, 2015. (Kaminski, H)
November 12, 2015
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STIPULATION and ORDER signed by Judge John A. Mendez on 11/10/15: The Sixth Cause of Action for malicious prosecution in the Third Amended Complaint is hereby dismissed. (Kaminski, H)
November 17, 2015
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[VACATED PER 93 ORDER] ORDER signed by Judge John A. Mendez on 11/16/15 ORDERING for the reasons set forth above, the Court DENIES McCullough's Motion for Summary Judgment. (Becknal, R) Modified on 12/14/2015 (Zignago, K.).
December 11, 2015
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ORDER signed by Judge John A. Mendez on 12/10/15 ORDERING that the Confidential Agreement and General Release between Defendant Miller and Plaintiff Gardner is SEALED. The settlement between Defendant Miller and Plaintiff was made in good faith. Defendant Miller is hereafter protected from equitable indemnity claims by other potential joint tortfeasors, including but not limited to the remaining Defendants in this action. (Kastilahn, A)
December 14, 2015
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ORDER signed by Judge John A. Mendez on 12/11/2015 ORDERING that the 92 Stipulated Joint Motion for Entry of Order Vacating Certain Interlocutory Orders is GRANTED. The portions of the 45 "Order Granting in Part and Denying in Part State Defendants' Motion to Dismiss and Granting in Part and Denying in Part County Defendants' Motion to Dismiss," entered on 7/20/2015, as Docket Number 45, at pages/lines 15:2 through 25:21, and 34:18 through 34:27, are hereby VACATED. The entirety of the 82 "Order Denying Defendant Ed McCullough's Motion for Summary Judgment," entered on 11/17/2015 is hereby VACATED. (Zignago, K.)
December 14, 2015
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ORDER signed by Judge John A. Mendez on 12/11/2015 ORDERING that the 92 Stipulated Joint Motion for Entry of Order Extending Time to File Notice of Appeal is GRANTED. The time period in which Deputy McCullough may file a notice of appeal regarding the denial of his qualified immunity defense contained in the 82 MSJ Order is EXTENDED through and including 1/18/2016. (Zignago, K.)
December 15, 2015
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STIPULATION and ORDER signed by Judge John A. Mendez on 12/14/15: The settlement between Defendants CHP and Officer Fischer and Plaintiff was made in good faith. Defendants CHP and Officer Fischer are hereafter protected from equitable indemnity claims by other potential joint tortfeasors, including but not limited to the remaining defendants in this action. (Kaminski, H)
January 7, 2016
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STIPULATION and ORDER for DISMISSAL of defendants against defendants County of Tehama, Ed McCullough, and Kenneth Miller signed by District Judge John A. Mendez on 1/7/2016. Plaintiff and all of these defendants shall bear their own costs and attorneys' fees. (Marciel, M) Modified on 1/11/2016 (Marciel, M)
January 20, 2016
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ORDER signed by District Judge John A. Mendez on 1/19/2016 DISMISSING this action, including all claims and counterclaims against all defendants, with prejudice. CASE CLOSED. (Michel, G.)