Carter v. City of Stockton et al
| California Eastern District Court | |
| Judge: | Kimberly J Mueller |
| Referred: | Carolyn K Delaney |
| Case #: | 2:21-cv-00607 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 02, 2021 |
| Terminated: | Jun 06, 2023 |
| Last checked: Wednesday Sep 29, 2021 2:18 AM PDT |
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Defendant
City of Stockton
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Represented By
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Defendant
Vincent Magana
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Represented By
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Defendant
Michael Stiles
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Represented By
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Defendant
Daniel Velarde
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Represented By
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Defendant
Omar Villapudua
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Represented By
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Plaintiff
Devin Carter
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Represented By
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GPO
May 13 2021
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/12/21 ORDERING that defendants City of Stockton, Officer Vincent Magana and Officer Daniel Velarde shall file their responses to the complaint on or before 5/24/21.(Kastilahn, A) |
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GPO
Jul 30 2021
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/30/2021 APPROVING 23 Protective Order as stipulated. (Huang, H) |
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GPO
Apr 01 2022
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/31/2022 DENYING 26 Stipulation. The parties shall notify the court within 7 days whether they will submit to a settlement conference before Judge Delaney, who is the assigned magistrate judge, or a randomly assigned judge. (Rodriguez, E) |
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GPO
Apr 07 2022
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/6/22 VACATING 27 Order and GRANTING 26 request. This matter is REFERRED to Magistrate Judge Kendall J. Newman for a settlement conference. (cc: Magistrate Judge Newman) (Kastilahn, A) |
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GPO
Oct 26 2022
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/25/22 ORDERING that Mid-Litigation Status Conference RESET for 1/16/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Designation of Expert Witnesses due by 5/18/2023. Discovery due by 4/12/2023. Dispositive Motions filed by 1/19/2024. (Kaminski, H) |
| 1. | Federal Lawsuit Filed on Behalf of Teen Brutalized by Stockton Police - 2 Officers Already Fired (davisvanguard.org) |
| Submitted Mon 04/05/2021 | |
| Docket last updated: 11/22/2024 11:59 PM PST |
| Tuesday, June 06, 2023 | ||
| 49 | 49
order
Minute Order ~Util - Terminate Civil Case
Tue 06/06 7:33 AM
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/6/2023: This action is DISMISSED, with prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Stipulation for Dismissal, ECF No.48 . Accordingly, this case is CLOSED with each party to bear its own fees and costs. (Text Only Entry) (Schultz, C) |
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| Monday, June 05, 2023 | ||
| 48 | 48
misc
Stipulation of Dismissal
Mon 06/05 8:29 AM
STIPULATION of DISMISSAL of All Parties by City of Stockton, Vincent Magana, Daniel Velarde.(Berry, Mark) |
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Att: 1
Proposed Order
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| Friday, June 02, 2023 | ||
| 47 | 47
notice
Notice of Change of Address
Fri 06/02 1:46 PM
NOTICE of CHANGE of ADDRESS by Mark Emmett Berry. (Berry, Mark) |
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| Tuesday, April 11, 2023 | ||
| 46 | 46
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 04/11 12:39 PM
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 4/11/2023: In the light of the parties' Joint Status Report (ECF No.45 ), the deadline to file dispositional documents is EXTENDED an additional 60 days from today's date. (Text Only Entry) (Waldrop, A) |
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| Friday, April 07, 2023 | ||
| 45 | 45
misc
Status Report
Fri 04/07 2:16 PM
STATUS REPORT by Devin Carter. (Cook, James) |
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| Thursday, March 09, 2023 | ||
| 44 | 44
order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 03/09 8:45 AM
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 3/9/2023: In the light of the parties' Joint Status Report (ECF No.43 ), the deadline to file dispositional documents is EXTENDED an additional 30 days from today's date. (Text Only Entry) (Waldrop, A) |
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| Wednesday, March 08, 2023 | ||
| 43 | 43
3
pgs
misc
Status Report
Wed 03/08 3:30 PM
JOINT STATUS REPORT by Devin Carter. (Cook, James) Modified on 3/8/2023 |
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| Wednesday, December 14, 2022 | ||
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minutes
Settlement Conference ~Util - 1 Set/Reset Deadlines and Hearings ~Util - Add and Terminate Attorneys
Wed 12/14 3:51 PM
MINUTES (Text Only) for proceedings held via video conference (Zoom) before Magistrate Judge Kendall J. Newman: SETTLEMENT CONFERENCE held on 12/14/2022. Counsel for parties, Plaintiff, Devin Carter, George Carter (Plaintiff's Father), Jessica Carter (Plaintiff's Mother), Defendant, Omar Villapudua, and defense representatives, Marinda Griese (Claims Adjuster for CJPRMA) and Marci Arredondo (Assistant City Attorney) all present. After discussions with the Court, parties reached a verbal settlement subject to City Council approval. Terms of the settlement stated on the record by the Court. All pending dates are VACATED. Dispositional documents to be filed within 12 weeks. Plaintiff's Counsel John Burris, Benjamin Nisenbaum, and James Cook present. Defendants' Counsel Mark Berry, Charles Bolcom, and Joshua Stevens present. Court Reporter: VCCR. (Waldrop, A) |
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| Monday, December 12, 2022 | ||
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order
Minute Order
Mon 12/12 1:26 PM
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 12/12/2022: The Court is in receipt of defendant's joint non-confidential settlement conference statement (ECF No.37 ). The statement was filed in error. The Clerk's Office is directed to remove the settlement conference statement from the public docket. (TEXT ONLY ENTRY) (Waldrop, A) |
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| Thursday, December 08, 2022 | ||
| 40 | 40
notice
Notice of Submission of Confidential Settlement Statement
Thu 12/08 2:00 PM
NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by Devin Carter (Cook, James) |
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| 39 | 39
notice
Notice of Submission of Confidential Settlement Statement
Thu 12/08 1:17 PM
NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by City of Stockton (Berry, Mark) |
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| Wednesday, December 07, 2022 | ||
| 38 | 38
1
pgs
notice
Notice of Submission of Confidential Settlement Statement
Wed 12/07 4:47 PM
NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by Omar Villapudua (Stevens, Joshua) |
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| 37 | 37
misc
Statement
Wed 12/07 4:13 PM
JOINT STATEMENT of Defendant's Joint Settlement Conference filed by Defendant City of Stockton.(Berry, Mark) |
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Att: 1
Exhibit Settlement Conference Statement - Exhibits
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| Thursday, October 27, 2022 | ||
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 10/27 2:22 PM
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 10/27/2022: The court's Order, filed at ECF No.35 is AMENDED to clarify that the Mid-Litigation Status Conference set for 11/17/2022 is RESET for 2/9/2023 at 2:30 PM before Chief District Judge Kimberly J. Mueller, which is the first available date after the unavailable date requested by the parties. (The parties' requested date of 1/16/2023 is a date the court is closed in observance of a federal holiday.) The February Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Schultz, C) |
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| Wednesday, October 26, 2022 | ||
| 35 | 35
order
Stipulation and Order ~Util - 1 Set/Reset Deadlines and Hearings
Wed 10/26 9:42 AM
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/25/22 ORDERING that Mid-Litigation Status Conference RESET for 1/16/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Designation of Expert Witnesses due by 5/18/2023. Discovery due by 4/12/2023. Dispositive Motions filed by 1/19/2024. (Kaminski, H) |
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| Monday, October 24, 2022 | ||
| 34 | 34
misc
Stipulation and Proposed Order
Mon 10/24 10:08 AM
STIPULATION and PROPOSED ORDER for Amendment of Scheduling Order by City of Stockton.(Berry, Mark) |
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Att: 1
Proposed Order
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| Tuesday, August 09, 2022 | ||
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 08/09 2:05 PM
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 8/9/2022: After communication with the parties, this matter is RESET for Settlement Conference on 12/14/2022 at 9:30 AM before Chief Magistrate Judge Kendall J. Newman. The Settlement Conference will take place by remote means (Zoom). The parties will receive instructions closer to the hearing date on how to appear for the Settlement Conference. The parties are reminded to have a principal with full settlement authority present for the settlement conference or to be fully authorized to settle the matter on any terms. The individual with full settlement authority to settle must also have unfettered discretion and authority to change the settlement position of the party, if appropriate. The purpose behind requiring attendance of a person with full settlement authority is that the parties view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to exchange non-confidential settlement conference statements seven days prior to the settlement conference. These statements shall be simultaneously delivered to the Court using the following email address: kjnorders@caed.uscourts.gov . These statements should not be filed on the case docket. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (TEXT ONLY ENTRY) (Waldrop, A) |
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| Monday, July 25, 2022 | ||
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Mon 07/25 1:27 PM
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 7/25/2022: On the Court's own motion and due to the Court's schedule, the 8/4/2022 Settlement Conference before Judge Newman is VACATED. The parties have not agreed to the Settlement Conference being reset at this time. The parties are to notify the Courtroom Deputy for Judge Newman within 14 days the status of the case and if it should be rescheduled for Settlement Conference. (Text Only Entry) (Waldrop, A) |
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| Monday, June 13, 2022 | ||
| 31 | 31
notice
Notice of Change of Address
Mon 06/13 4:50 PM
NOTICE of CHANGE of ADDRESS by Charles H. Bolcom. (Bolcom, Charles) |
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| Tuesday, April 26, 2022 | ||
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order
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
Tue 04/26 9:39 AM
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 4/26/2022: Pursuant to the Order referring this matter to Judge Newman for Settlement Conference (ECF No.29 ), this matter is set for Settlement Conference on 8/4/2022 at 09:00 AM before Chief Magistrate Judge Kendall J. Newman. The Settlement Conference will take place by remote means (Zoom). The parties will receive instructions closer to the hearing date on how to appear for the Settlement Conference. The parties are instructed to have a principal with full settlement authority present for the settlement conference or to be fully authorized to settle the matter on any terms. The individual with full settlement authority to settle must also have unfettered discretion and authority to change the settlement position of the party, if appropriate. The purpose behind requiring attendance of a person with full settlement authority is that the parties view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to exchange non-confidential settlement conference statements seven days prior to the settlement conference. These statements shall be simultaneously delivered to the Court using the following email address: kjnorders@caed.uscourts.gov . These statements should not be filed on the case docket. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (TEXT ONLY ENTRY) (Waldrop, A) |
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| Thursday, April 07, 2022 | ||
| 29 | 29
1
pgs
order
Order
Thu 04/07 1:49 PM
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/6/22 VACATING27 Order and GRANTING26 request. This matter is REFERRED to Magistrate Judge Kendall J. Newman for a settlement conference. (cc: Magistrate Judge Newman) (Kastilahn, A) |
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| Wednesday, April 06, 2022 | ||
| 28 | 28
misc
Statement
Wed 04/06 6:14 PM
JOINT STATEMENT of Statement re Settlement Conference Judge filed by Plaintiff Devin Carter. (Cook, James) |
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| Friday, April 01, 2022 | ||
| 27 | 27
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pgs
order
Order
Fri 04/01 10:16 AM
ORDER signed by Chief District Judge Kimberly J. Mueller on 03/31/2022 DENYING26 Stipulation. The parties shall notify the court within 7 days whether they will submit to a settlement conference before Judge Delaney, who is the assigned magistrate judge, or a randomly assigned judge. (Rodriguez, E) |
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| Friday, March 18, 2022 | ||
| 26 | 26
misc
Stipulation
Fri 03/18 11:38 AM
STIPULATION for ASSIGNMENT to SETTLEMENT CONFERENCE re 21 Scheduling Conference and Bench Order by City of Stockton, Vincent Magana, Daniel Velarde. (Berry, Mark) |
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| Thursday, August 05, 2021 | ||
| 25 | 25
notice
Notice of Appearance
Thu 08/05 11:03 AM
NOTICE of APPEARANCE by Shane M. Hoover on behalf of City of Stockton, Vincent Magana, Daniel Velarde. Attorney Hoover, Shane M. added. (Hoover, Shane) |
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| Friday, July 30, 2021 | ||
| 24 | 24
order
Protective Order
Fri 07/30 9:55 AM
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/30/2021 APPROVING23 Protective Order as stipulated. (Huang, H) |
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| Thursday, July 22, 2021 | ||
| 23 | 23
misc
Stipulation and Proposed Order
Thu 07/22 11:16 AM
STIPULATION and PROPOSED ORDER for Protective Order by City of Stockton, Vincent Magana, Daniel Velarde.(Berry, Mark) |
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Att: 1
Proposed Order
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| Thursday, July 08, 2021 | ||
| 22 | 22
order
KJM Standing Scheduling Order
Thu 07/08 4:59 PM
STANDING SCHEDULING ORDER issued by Courtroom Deputy C. Schultz for Chief Judge Kimberly J. Mueller. (Schultz, C) |
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| 20 | 20
notice
Notice of Appearance
Thu 07/08 8:57 AM
NOTICE of APPEARANCE by James A. Cook on behalf of Devin Carter. Attorney Cook, James A. added. (Cook, James) |
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minutes
Scheduling Conference ~Util - 1 Set/Reset Deadlines and Hearings
Thu 07/08 4:58 PM
MINUTES for SCHEDULING CONFERENCE held via videoconference before Chief District Judge Kimberly J. Mueller on 7/8/2021, and FRCP 16 BENCH ORDER: Attorneys, John Burris and James Cook, present for Plaintiff. Attorney, Mark Berry, present for Defendant City of Stockton, Daniel Velarde, and Vincent Magana. Attorney, Charles Bolcom, present for Defendant Michael Stiles. Attorneys, Dana Suntag and Joshua Stevens, present for Defendant Omar Villapudua. The court and counsel discussed case scheduling. After careful consideration of the parties' comments, the court ORDERED the following pre-trial case schedule: The parties joint proposed discovery only protective order, shall be filed with the Magistrate Judge no less than fourteen (14) days of today's date; Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 7/29/2021; a Mid-Litigation Status Conference is SET for 11/17/2022 at 2:30 PM before Chief Judge Kimberly J. Mueller. The parties are ordered to meet and confer and file a joint status report seven (7) days prior to the Mid-Litigation Status Conference that addresses their progress with settlement discussions. See E.D. L.R. 282; fact discovery shall be completed by 1/12/2023; expert disclosures shall be completed by 2/17/2023; rebuttal expert witnesses shall be exchanged by 5/19/2023; all expert discovery shall be completed by 7/7/2023; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 10/13/2023. Motions regarding discovery shall be noticed before the Magistrate Judge, as provided by Local Rule 302(c). After consideration of the parties' comments related to settlement, the parties will notify the court by 3/18/2022, whether they request a court settlement conference date or referral to the Voluntary Dispute Resolution Program (VDRP). The parties shall file said notification or request for referral jointly, in writing. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Kimberly Bennett. (Schultz, C) |
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| Monday, June 28, 2021 | ||
| 19 | 19
notice
Notice of Appearance
Mon 06/28 4:47 PM
NOTICE of APPEARANCE by Benjamin Nisenbaum on behalf of Devin Carter. Attorney Nisenbaum, Benjamin added. (Nisenbaum, Benjamin) |
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| Thursday, June 24, 2021 | ||
| 18 | 18
2
pgs
misc
Jury Demand
Thu 06/24 12:07 PM
DEMAND for TRIAL by JURY by Omar Villapudua. (Suntag, Dana) |
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| 17 | 17
misc
Status Report
Thu 06/24 11:28 AM
JOINT STATUS REPORT by City of Stockton, Vincent Magana, Daniel Velarde. (Berry, Mark) |
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| Wednesday, June 23, 2021 | ||
| 16 | 16
order
~Util - 1 Set/Reset Deadlines and Hearings Minute Order
Wed 06/23 11:46 AM
MINUTE ORDER issued by Relief Courtroom Deputy L. Kennison for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 8/5/2021 is VACATED and ADVANCED for 7/8/2021 at 2:30 PM before Chief District Judge Kimberly J. Mueller, with a Joint Status Report due fourteen (14) days prior. (Text Only Entry)(Kennison, L) |
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| Monday, June 21, 2021 | ||
| 15 | 15
answer
Answer to Complaint
Mon 06/21 9:39 AM
ANSWER with Jury Demand by Michael Stiles. Attorney Bolcom, Charles H. added.(Bolcom, Charles) |
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| Friday, June 11, 2021 | ||
| 14 | 14
8
pgs
answer
Answer to Complaint
Fri 06/11 3:58 PM
ANSWER by City of Stockton. Attorney Suntag, Dana A. added.(Suntag, Dana) |
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| Monday, May 24, 2021 | ||
| 13 | 13
answer
Answer to Complaint
Mon 05/24 4:50 PM
ANSWER with Jury Demand by Vincent Magana.(Berry, Mark) |
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| 12 | 12
answer
Answer to Complaint
Mon 05/24 4:42 PM
ANSWER with Jury Demand by Daniel Velarde.(Berry, Mark) |
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| 11 | 11
answer
Answer to Complaint
Mon 05/24 4:41 PM
ANSWER with Jury Demand by City of Stockton.(Berry, Mark) |
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| Thursday, May 13, 2021 | ||
| 10 | 10
2
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 05/13 9:35 AM
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/12/21 ORDERING that defendants City of Stockton, Officer Vincent Magana and Officer Daniel Velarde shall file their responses to the complaint on or before 5/24/21.(Kastilahn, A) |
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| Monday, May 10, 2021 | ||
| 9 | 9
service
Summons Returned Executed
Mon 05/10 1:22 PM
SUMMONS RETURNED EXECUTED: Daniel Velarde served on 4/19/2021, answer due 5/10/2021. (Nisenbaum, Benjamin) |
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| 8 | 8
service
Summons Returned Executed
Mon 05/10 1:11 PM
SUMMONS RETURNED EXECUTED: Vincent Magana served on 4/19/2021, answer due 5/10/2021. (Nisenbaum, Benjamin) |
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| 7 | 7
service
Summons Returned Executed
Mon 05/10 1:09 PM
SUMMONS RETURNED EXECUTED: City of Stockton served on 4/13/2021, answer due 5/4/2021. (Nisenbaum, Benjamin) |
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| 6 | 6
service
Waiver of Service Executed
Mon 05/10 12:55 PM
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Omar Villapudua on 4/23/2021, Answer due 6/22/2021 (Nisenbaum, Benjamin) |
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| 5 | 5
service
Waiver of Service Executed
Mon 05/10 12:52 PM
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Michael Stiles on 4/26/2021, Answer due 6/25/2021 (Nisenbaum, Benjamin) |
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| Monday, May 03, 2021 | ||
| 4 | 4
misc
Stipulation and Proposed Order
Mon 05/03 3:31 PM
STIPULATION and PROPOSED ORDER for Filing Responsive Pleading by City of Stockton, Vincent Magana, Daniel Velarde. Attorney Berry, Mark Emmett added.(Berry, Mark) |
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Att: 1
Proposed Order
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| Friday, April 02, 2021 | ||
| 3 | 3
misc
Civil New Case Documents for KJM
Fri 04/02 2:11 PM
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/5/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Benson, A.) |
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Att: 1
Standing Order,
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Att: 2
Consent Form,
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Att: 3
VDRP
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| 2 | 2
service
Summons
Fri 04/02 2:10 PM
SUMMONS ISSUED as to *City of Stockton, Vincent Magana, Michael Stiles, Daniel Velarde, Omar Villapudua* with answer to complaint due within *21* days. Attorney *John L. Burris* *Law Offices of John L. Burris* *7677 Oakport St., Suite 1120* *Oakland, CA 94621*. (Benson, A.) |
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| 1 | 1
11
pgs
cmp
Complaint
Fri 04/02 1:55 PM
COMPLAINT against All Defendants by Devin Carter. Attorney Burris, John L. added. (Filing fee $ 402, receipt number 0972-9519437)(Burris, John) |
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Att: 1
10 pgs
Exhibit,
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Att: 2
Civil Cover Sheet
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