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15-751 - Espinoza v. City of Tracy et al


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15-751 - Espinoza v. City of Tracy et al
July 15, 2015
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ORDER re 4 Plaintiff's Application to Continue the Initial Scheduling Conference signed by Senior Judge William B. Shubb on 7/15/2015: The Scheduling Conference is continued to 11/23/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report is due on or before November 9, 2015. (Kirksey Smith, K) Modified on 7/15/2015 (Kirksey Smith, K).
November 19, 2015
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ORDER signed by Senior Judge William B. Shubb on 11/18/15 ORDERING that the Initial Scheduling Conference is CONTINUED to 2/16/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report is due on or before 2/2/16. (Mena-Sanchez, L)
February 3, 2016
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ORDER signed by Senior Judge William B. Shubb on 2/3/2016 GRANTING 9 Plaintiff's third application to continue the Scheduling Conference date to 4/25/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report is due on or before 4/11/2016. (Kirksey Smith, K)
April 21, 2016
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ORDER signed by Senior Judge William B. Shubb on 04/20/16 ORDERING that the 11 Motion for Extension is GRANTED; the Initial Scheduling Conference is RESET for 8/1/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; a joint status report is due by 07/18/16. (Benson, A)
August 16, 2016
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ORDER signed by Senior Judge William B. Shubb on 08/16/16 ORDERING that service upon all named defendants shall be effected by 08/25/16; if service upon all named defendants is not effected by 08/25/16, this matter shall be dismissed for lack of prosecution. The court shall set a further Status (Pretrial Scheduling) Conference once proof of service upon all named defendants has been filed. (Benson, A)
November 4, 2016
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ORDER signed by Senior Judge William B. Shubb on 11/3/2016 GRANTING attorney Russell A. Robinson's 27 Request to appear telephonically at the Motion to Dismiss hearing set for 11/14/2016 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Butolph, J) Modified on 11/4/2016 (Kirksey Smith, K).
November 15, 2016
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 11/15/2016 re 22 Defendants' Motion to Dismiss: IT IS ORDERED that defendants' Motion to dismiss plaintiff's Complaint be, and the same hereby is, GRANTED. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff has twenty days from the date this Order is signed to file an amended complaint, if he can do so consistent with this Order. (Kirksey Smith, K)
December 13, 2016
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ORDER signed by Senior Judge William B. Shubb on 12/12/2016 ORDERING that the Joint Status Conference is CONTINUED from 1/3/2017 to 4/10/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. At least twenty-one (21) calendar days before the scheduling conference is held, the parties shall confer and attempt to agree upon a discovery plan. The parties shall submit a JOINT Status Report fourteen (14) calendar days prior to the continued date of the joint status conference, as described in this Court's 10/5/2016 order, and no later than 3/27/2017. (Zignago, K.)
January 30, 2017
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STIPULATION and ORDER 40 signed by Senior Judge William B. Shubb on 1/30/2017 withdrawing 39 Stipulation to Continue Motion hearing. (Kirksey Smith, K)
February 9, 2017
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ORDER re 36 Defendants' Motion to Dismiss signed by Senior Judge William B. Shubb on 2/9/2017: IT IS ORDERED that defendants' motion to dismiss plaintiff's first and second causes of action under 42 U.S.C. § 1983 be, and the same hereby are, DENIED. IT IS FURTHER ORDERED that defendants' motion to dismiss plaintiff's third and fourth causes of action under 42 U.S.C. §§ 1981 and 1985 be, and the same hereby are, GRANTED. Plaintiff has twenty days from the date this Order is signed to file a second amended complaint, if he can do so consistent with this Order. (Kirksey Smith, K)
April 4, 2017
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 4/3/17: Discovery due by 4/24/2017. Dispositive Motions filed by 4/16/2018. Final Pretrial Conference set for 6/18/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 8/7/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
December 15, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/2017 ORDERING Plaintiff shall provide supplemental responses to defendants' requests for admission and requests for production of documents, as well as any responsive documents and a privilege log, no later than 12/18/2017; Plaintiff shall provide amended initial disclosures, providing a proper computation of each category of damages claimed by plaintiff, no later than 12/18/2017; the parties shall promptly meet and confer regarding, and prepare, a stipulation and proposed protective order for the courts consideration and approval. (Reader, L)
January 30, 2018
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PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2018 ORDERING 55 Stipulated Protective order is APPROVED. (Reader, L)
February 2, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/2/18 ORDERING that Defendants' Motion for Sanctions 53 is GRANTED IN PART and DENIED IN PART. No later than 2/8/18, Plaintiffs counsel shall personally pay defendants' counsel $2,000.00 in monetary sanctions based on his failure to comply with his discovery obligations and the court's 12/15/17 order, requiring defendants to resort to motion practice. Plaintiffs counsel shall not directly or indirectly attempt to recover the amount of such sanctions from his client. No later than 2/6/18, Plaintiff shall provide to defendants all supplemental responses, documents, privilege logs, and amended initial disclosures that were previously ordered produced in the court's 12/15/17 order. Defendants' request for evidence preclusion sanctions is DENIED WITHOUT PREJUDICE. Fact Discovery shall be completed by 3/15/18. Defendants' Expert Disclosures and Reports shall be due 2/27/18. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced on or before 3/20/18. Any expert depositions shall be completed by 4/9/18. (Mena-Sanchez, L)
March 9, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/09/18 ORDERING that Defendants' continued deposition of plaintiff Juan Espinoza, set for 03/09/18, shall last for 2.5 hours. At the deposition, Juan Espinoza shall answer defendants' questions regarding text messages and photos that were allegedly sent using a City-issued iPhone, with the understanding that such testimony is subject to the 58 stipulated protective order. The court reserves decision of any issues of admissibility that may arise concerning the deposition testimony. (Benson, A.)
May 1, 2018
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ORDER signed by Senior Judge William B. Shubb on 4/30/2018 GRANTING 66 Request to Seal Documents filed by R. Leon Churchill, Jr., City of Tracy. (Donati, J)
May 4, 2018
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ORDER signed by Senior Judge William B. Shubb on 5/3/2018 GRANTING 70 Plaintiff Motion for Extension; Plaintiff's Opposition to the Motion for Summary Judgment and/or Adjudication shall be filed on or before 5/2/2018; Defendants' reply on or before 5/9/2018; the hearing on this 67 Motion for Summary Judgment shall be on 5/21/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Reader, L)
May 22, 2018
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 05/21/18 GRANTING 67 defendant's Motion for Summary Judgment; Judgment to be entered in favor of defendants and against plaintiff. CASE CLOSED (Benson, A.)
July 19, 2018
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 7/19/2018 DENYING Defendants' 81 Motion for Attorney's fees. It is further ORDERED that defendants' Requests for Costs be GRANTED; Costs shall be taxed against plaintiff in the sum of $6,670.96. (Fabillaran, J)