Case Details

CourtCentral District of California
Docket number2:09-cv-05473
Date case filed2009-07-27
Date case closed2010-09-14
Date of latest filing
Assigned toJudge R. Gary Klausner
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-07-27 COMPLAINT against Defendants City of San Bernardino, Joseph Valdivia, Does 1-10, inclusive. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Jesus A. Vargas. (et) (Additional attachment(s) added on 7/30/2009: # 1 Complaint-Part 2) (amar). (Additional attachment(s) added on 7/31/2009: # 2 Notice of Assignmt, Summons, Civil Cover Sheet) (amar). (Entered: 07/29/2009)
22009-07-27 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Jesus A. Vargas. (et) (amar). (Entered: 07/29/2009)
32009-07-30 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner, (yl) (Entered: 07/31/2009)
42009-10-19 PROOF OF SERVICE Executed by Plaintiff Jesus A. Vargas, upon City of San Bernardino served on 10/15/2009, answer due 11/4/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Valerie R. Montoya, Person Authorized to Accept Service. Due Dilligence declaration No. Original Summons no. (Galipo, Dale) (Entered: 10/19/2009)
52009-10-19 PROOF OF SERVICE Executed by Plaintiff Jesus A. Vargas, upon Joseph Valdivia served on 10/9/2009, answer due 10/29/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Bryan Lentz, Person Authorized to Accept Service. Due Dilligence declaration no. Original Summons no. (Galipo, Dale) (Entered: 10/19/2009)
62009-10-26 FIRST STIPULATION Extending Time to Answer the complaint as to City of San Bernardino answer now due 11/24/2009; Joseph Valdivia answer now due 11/24/2009, filed by Defendants City of San Bernardino; Joseph Valdivia.(Luczak, Richard) (Entered: 10/26/2009)
72009-11-18 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND filed by defendants City of San Bernardino, Joseph Valdivia.(Luczak, Richard) (Entered: 11/18/2009)
82009-11-18 NOTICE filed by defendants City of San Bernardino, Joseph Valdivia. of Interested Parties (Luczak, Richard) (Entered: 11/18/2009)
92009-11-19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is: Miscellaneous - Errata RE: Notice (Other) 8 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (shb) (Entered: 11/19/2009)
102009-12-02 ORDER by Judge R. Gary Klausner,( Scheduling Conference set for 1/25/2010 09:00 AM before Judge R. Gary Klausner.) (sce) (Entered: 12/03/2009)
112010-01-14 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-6 days, filed by Plaintiff Jesus A. Vargas.. (Galipo, Dale) (Entered: 01/14/2010)
122010-01-14 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Fernando M. Olguin for settlement proceedings. Filed by Plaintiff Jesus A. Vargas. (Attachments: # 1 Proposed Order Granting ADR-01)(Galipo, Dale) (Entered: 01/14/2010)
132010-01-15 ORDER by Judge R. Gary Klausner APPROVING the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1)to Appear Before the Magistrate Judge for settlement proceedings. (shb) (Entered: 01/15/2010)
142010-01-25 MINUTES OF RE: SETTLEMENT CONFERENCE by Magistrate Judge Fernando M. Olguin: This case has been referred to Magistrate Judge Olguin for settlement. (mr) (Entered: 01/25/2010)
152010-01-25 MINUTES OF SCHEDULING CONFERENCE: Scheduling Conference held before Judge R. Gary Klausner: Case called. Court and counsel confer. The Scheduling Conference is held. The Court sets the following dates: Discovery cut-off 6/30/2010. Motions due by 7/13/2010. Final Pretrial Conference set for 9/13/2010 09:00 AM before Judge R. Gary Klausner. Jury Trial set for 9/28/2010 09:00 AM before Judge R. Gary Klausner. Last day to motion the Court to amend the pleadings or add parties is March 1, 2010. Partieshave selected settlement procedure 1, Magistrate Judge.Court Reporter: Lynne Nicholson. (shb) (Entered: 01/27/2010)
162010-01-27 ORDER FOR JURY TRIAL by Judge R. Gary Klausner: Pretrial Conference set for September 13, 2010 at 9:00 a.m. Trial set for September 28, 2010 at 9:00 a.m. (shb) (Entered: 01/27/2010)
172010-04-02 Joint STIPULATION for Protective Order filed by Plaintiff Jesus A. Vargas. (Attachments: # 1 Proposed Order)(Galipo, Dale) (Entered: 04/02/2010)
182010-04-08 ORDER RE: PARTIES' PROPOSED PROTECTIVE ORDER 17 by Magistrate Judge Fernando M. Olguin. The court is unable to adopt the Protective Order as stipulated to by the parties. (See document for further details). (mr) (Entered: 04/08/2010)
192010-05-26 STIPULATION for Protective Order filed by Defendants City of San Bernardino, Joseph Valdivia. (Attachments: # 1 Proposed Order)(Luczak, Richard) (Entered: 05/26/2010)
202010-05-28 PROTECTIVE ORDER by Magistrate Judge Fernando M. Olguin re Stipulation for Protective Order 19 . (See document for details). (mr) (Entered: 05/28/2010)
212010-08-12 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Improperly Designated Experts filed by Defendants City of San Bernardino, Joseph Valdivia. Motion set for hearing on 9/28/2010 at 09:00 AM before Judge R. Gary Klausner.(Luczak, Richard) (Entered: 08/12/2010)
222010-08-12 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Bifurcate Liability and Damages filed by Defendants City of San Bernardino, Joseph Valdivia. Motion set for hearing on 9/28/2010 at 09:00 AM before Judge R. Gary Klausner.(Luczak, Richard) (Entered: 08/12/2010)
232010-08-12 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Testimony Related to Plaintiff's Sibling filed by Defendants City of San Bernardino, Joseph Valdivia. Motion set for hearing on 9/28/2010 at 09:00 AM before Judge R. Gary Klausner.(Luczak, Richard) (Entered: 08/12/2010)
242010-08-13 NOTICE OF MOTION AND First MOTION IN LIMINE (#1) to Exclude Any Evidence of Plaintiff's Criminal History filed by Plaintiff Jesus A. Vargas. Motion set for hearing on 9/13/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order re Plaintiff's Criminal History)(Galipo, Dale) (Entered: 08/13/2010)
252010-08-13 NOTICE OF MOTION AND Second MOTION IN LIMINE (#2) to Exclude Any Evidence of Plaintiff's Purported Gang Affiliation filed by Plaintiff Jesus A. Vargas. Motion set for hearing on 9/13/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order re Purported Gang Affiliation)(Galipo, Dale) (Entered: 08/13/2010)
262010-08-16 NOTICE OF ERRATA filed by Plaintiff Jesus A. Vargas. correcting First MOTION IN LIMINE (#1) to Exclude Any Evidence of Plaintiff's Criminal HistoryFirst MOTION IN LIMINE (#1) to Exclude Any Evidence of Plaintiff's Criminal History 24 , Second MOTION IN LIMINE (#2) to Exclude Any Evidence of Plaintiff's Purported Gang AffiliationSecond MOTION IN LIMINE (#2) to Exclude Any Evidence of Plaintiff's Purported Gang Affiliation 25 (Galipo, Dale) (Entered: 08/16/2010)
272010-08-23 STIPULATION to Continue Deadline for Filing Trial Documents from August 23, 2010 to September 7, 2010 filed by Defendants City of San Bernardino, Joseph Valdivia. (Attachments: # 1 Proposed Order)(Luczak, Richard) (Entered: 08/23/2010)
282010-08-25 ORDER by Judge R. Gary Klausner, GRANTING Stipulation to File Trial Documents 27 . Based on the parties stipulation and good cause appearing therefor, the parties to this action may file their Joint Exhibit List, Joint Witness List, and Memorandum of Contentions of Fact and Law on September 8, 2010. (shb) (Entered: 08/25/2010)
292010-09-14 MINUTES (IN CHAMBERS) by Judge R. Gary Klausner: Proceedings: Pretrial Conference. Counsel for plaintiff is not present. The matter will be held for second call. Case recalled. Court and counsel confer re status of case. Counsel inform the Court that the matter has settled and request that the case be dismissed with the Court retaining jurisdiction to enforce the terms of the settlement. Request is granted. The September 28, 2010 jury trial is vacated. (Made JS-6. Case Terminated.) (mg) (Entered: 09/15/2010)
302010-09-14 AMENDED MINUTES OF PRETRIAL CONFERENCE: Final Pretrial Conference held before Judge R. Gary Klausner: Case called. Counsel for plaintiff is not present. The matter will be held for second call. Case recalled. Court and counsel confer re status of case. Counsel inform the Court that the matter has settled and request that the case be dismissed with the Court retaining jurisdiction to enforce the terms of the settlement. Request is granted. The September 28,2010 jury trial is vacated.Court Reporter: Nichole Rhynard. (shb) (Entered: 10/01/2010)