Case Details

CourtCentral District of California
Docket number8:09-cv-01153
Date case filed2009-10-08
Date case closed2011-12-02
Date of latest filing2011-12-02
Assigned toJudge Cormac J. Carney
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: A.K.C.
Party type: Plaintiff
by and through her Guardian Ad Litem Steve Kim
Attorney name: Dale K Galipo
Attorney Contact:
Law Offices of Dale K Galipo
21800 Burbank Boulevard Suite 310
Woodland Hills, CA 91367
818-347-3333
Fax: 818-347-4118
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John Cyrus Fattahi
Attorney Contact:
Law Office of John C. Fattahi
1010 N Central Ave
Glendale, CA 91202
818-839-1983
Fax: 818-561-3600
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Nancy Kim
Party type: Plaintiff
Attorney name: Dale K Galipo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John Cyrus Fattahi
Attorney Contact:
Dale Galipo Law Offices
21800 Burbank Boulevard
Suite 310
Woodland Hills, CA 91367
818-347-3333
Fax: 818-347-4118
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Yung Kim
Party type: Plaintiff
Attorney name: Dale K Galipo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John Cyrus Fattahi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: City of Santa Ana
Party type: Defendant
Attorney name: Jill W Babington
Attorney Contact:
Carpenter Rothans and Dumont
888 South Figueroa Suite 1960
Los Angeles, CA 90017
213-288-0400
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven J Rothans
Attorney Contact:
Carpenter Rothans and Dumont
888 South Figueroa Street Suite 1960
Los Angeles, CA 90017
213-228-0400
Fax: 213-228-0401
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: City of Buena Park
Party type: Defendant
TERMINATED: 02/25/2011
Attorney name: Steven A Sherman
Attorney Contact:
Ferguson Praet and Sherman
1631 E 18th St
Santa Ana, CA 92705-7101
714-953-5300
Fax: 714-953-1143
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DOES
Party type: Defendant
3-8, inclusive
Party: City Of Anaheim
Party type: Defendant
TERMINATED: 02/25/2011
Attorney name: Moses W Johnson , IV
Attorney Contact:
Anaheim City Attorneys Office
200 S Anaheim Boulevard
Suite 356
Anaheim, CA 92805
714-765-5169
Fax: 714 765 5123
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Officer Brandon Sontag
Party type: Defendant
Attorney name: Jill W Babington
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Steven J Rothans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Officer Mark Morison
Party type: Defendant
TERMINATED: 02/25/2011
Attorney name: Steven A Sherman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Detective John Shaddow
Party type: Defendant
TERMINATED: 02/25/2011
Attorney name: Steven A Sherman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sergeant Eileen Jones
Party type: Defendant
TERMINATED: 02/25/2011
Attorney name: Steven A Sherman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michiharu Sakata
Party type: Cross Defendant
TERMINATED: 02/17/2010
Party: Kazuko Sakata
Party type: Cross Defendant
TERMINATED: 02/17/2010
Attorney name: Barry A Bradley
Attorney Contact:
Bradley and Gmelich
700 North Brand Blvd 10th Fl
Glendale, CA 91203
818-243-5200
Fax: 818-243-5266
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gaillard D Guerrero
Attorney Contact:
Bradley & Gmelich
535 North Brand Boulevard 10th Floor
Glendale, CA 91203
818-243-5200
Fax: 818-243-5266
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Roes 1 through 25, inclusive
Party type: Cross Defendant
TERMINATED: 02/25/2011
Party: City of Buena Park
Party type: Cross Claimant
TERMINATED: 02/25/2011
Attorney name: Steven A Sherman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: A.K.C.
Party type: Cross Defendant
by and through her Guardian Ad Litem Steve Kim
TERMINATED: 02/25/2011

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-10-07 Application to Appoint Guardian ad LitemAPPLICATION for Appointment of Steve Kim as Guardian ad Litem for AKC filed by Plaintiffs (smi) (lwag). (Entered: 10/16/2009)
22009-10-08 Order on Application to Appoint Guardian ad LitemORDER by Magistrate Judge Suzanne H. Segal granting 1 Application to Appoint Guardian ad Litem. Appointing Steve Kim as Guardian ad Litem for AKC (smi) (Entered: 10/16/2009)
32009-10-08 Complaint - (Discovery)COMPLAINT against Defendants City of Santa Ana, City of Buena Park. Filing fee $ 350 PAID. Jury Demanded. Filed by Plaintiff A.K.C., Nancy Kim, Yung Kim.(smi) (lwag). (Entered: 10/16/2009)
42009-10-08 Certificate/Notice of Interested PartiesCERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (smi) (lwag). (Entered: 10/16/2009)
52009-11-10 Answer to Complaint (Discovery)ANSWER to Complaint - (Discovery) 3 with JURY DEMAND filed by Defendant City of Buena Park.(Sherman, Steven) (Entered: 11/10/2009)
62009-11-11 Answer to Complaint (Discovery)ANSWER to Complaint - (Discovery) 3 filed by defendant City of Santa Ana.(Babington, Jill) (Entered: 11/11/2009)
72009-11-20 CrossclaimCROSSCLAIM against Cross Defendants Michiharu Sakata, Kazuko Sakata, Roes 1 through 25, inclusive, A.K.C. Filed by defendant City of Buena Park.(ade) (Additional attachment(s) added on 12/8/2009: # 1 Summons Issued) (mt). (Entered: 11/24/2009)
82009-11-20 Certificate/Notice of Interested PartiesCERTIFICATION of Interested Parties filed by defendant City of Buena Park, identifying Other Affiliate Jim Vanderpool, Other Affiliate Valentine Moser for City of Buena Park. (rla) (Entered: 11/24/2009)
92009-12-01 Notice (Other)NOTICE OF INTERESTED PARTIES filed by defendant City of Santa Ana. (Babington, Jill) (Entered: 12/01/2009)
102010-02-01 Motion to Dismiss CaseNOTICE OF MOTION AND MOTION to Dismiss Case filed by cross-defendant Kazuko Sakata. Motion set for hearing on 3/4/2010 at 08:30 AM before Judge Cormac J. Carney. (Guerrero, Gaillard) (Entered: 02/01/2010)
112010-02-01 Certificate/Notice of Interested Partiesof Interested Parties filed by cross-defendant Kazuko Sakata, identifying KAZUKO SAKATA. (Guerrero, Gaillard) (Entered: 02/01/2010)
122010-02-05 Amendment (Motion related)Amendment to MOTION to Dismiss Case 10 filed by Cross Defendant Kazuko Sakata. (Guerrero, Gaillard) (Entered: 02/05/2010)
132010-02-11 Stipulation to Dismiss PartyJoint STIPULATION to Dismiss Cross Defendant Michiharu Sakata filed by Cross Complainant City of Buena Park. (Attachments: # 1 Proposed Order Dismissal)(Sherman, Steven) (Entered: 02/11/2010)
142010-02-11 Stipulation to Dismiss PartyJoint STIPULATION to Dismiss Cross Defendant Kazuko Sakata filed by Cross Complainant City of Buena Park. (Attachments: # 1 Proposed Order Dismissal)(Sherman, Steven) (Entered: 02/11/2010)
152010-02-17 OrderORDER by Judge Cormac J. Carney, re Stipulation to Dismiss Party 13 , Michiharu Sakata terminated. (rla) (Entered: 02/18/2010)
162010-02-17 OrderORDER by Judge Cormac J. Carney, re Stipulation to Dismiss Party 14 , Kazuko Sakata terminated. (rla) (Entered: 02/18/2010)
172010-03-03 Request to Withdraw Motion/Application/Request/Ex Parte ApplicationFirst REQUEST to Withdraw MOTION to Dismiss Case 10 filed by cross-defendant Kazuko Sakata. Request set for hearing on 3/15/2010 at 01:30 PM before Judge Cormac J. Carney. (Guerrero, Gaillard) (Entered: 03/03/2010)
182010-03-31 OrderNotice of Intent to Schedule the Case by Judge Cormac J. Carney. (db) (Entered: 04/01/2010)
192010-04-26 Motion for LeaveNOTICE OF MOTION AND MOTION for Leave to File First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 5/24/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order)(Galipo, Dale) (Entered: 04/26/2010)
202010-04-26 Notice of LodgingNOTICE OF LODGING filed re MOTION for Leave to File First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 19 (Attachments: # 1 Proposed First Amended Complaint)(Galipo, Dale) (Entered: 04/26/2010)
212010-05-03 Non-Opposition to MotionNOTICE OF NON-OPPOSITION to MOTION for Leave to File First Amended Complaint ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 19 filed by Defendant City of Buena Park. (Sherman, Steven) (Entered: 05/03/2010)
222010-05-14 Order on Motion for LeaveMINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: granting 19 Motion for Leave to Amend. Accordingly, the hearing set for May 24, 2010 at 1:30 p.m. is hereby vacated and off calendar. Plaintiffs have twenty days leave to file their first amended complaint. (rla) (Entered: 05/19/2010)
232010-05-20 Notice of Manual Filing (G-92)NOTICE of Manual Filing filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim of First Amended Complaint and Demand for Jury Trial. (Fattahi, John) (Entered: 05/20/2010)
242010-05-21 Amended ComplaintFIRST AMENDED COMPLAINT against defendants City of Buena Park, City of Santa Ana, DOES, City Of Anaheim, Officer Brandon Sontag, Officer Mark Morison, Detective John Shaddow, Sergeant Eileen Jones amending Complaint - (Discovery) 3 ,filed by plaintiffs Nancy Kim, A.K.C., Yung Kim (nca) (Additional attachment(s) added on 6/9/2010: # 1 Summons issued) (jba). (Entered: 05/24/2010)
252010-05-27 Answer to ComplaintANSWER to Amended Complaint, 24 filed by defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Notice of Interested Parties)(Babington, Jill) (Entered: 05/27/2010)
262010-06-08 Joint Report Rule 26(f) Discovery PlanJOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim.. (Fattahi, John) (Entered: 06/08/2010)
272010-06-14 Answer to Complaint (Discovery)ANSWER to Amended Complaint, 24 filed by Defendants City of Buena Park, Detective John Shaddow, Officer Mark Morison, Sergeant Eileen Jones.(Sherman, Steven) (Entered: 06/14/2010)
282010-06-15 Amended CrossclaimAMENDED CROSSCLAIM against Cross-Defendants A.K.C., Roes 1 through 25, inclusive amending Crossclaim 7 ,filed by Cross-Complainant City of Buena Park (db) (Additional attachment(s) added on 6/16/2010: # 1 summons issued) (db). (Entered: 06/16/2010)
292010-06-16 Motion to StrikeNOTICE OF MOTION AND MOTION to Strike AFFIRMATIVE DEFENSES IN SANTA ANA DEFENDANTS' ANSWER TO FIRST AMENDED COMPLAINT ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 7/19/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order)(Fattahi, John) (Entered: 06/16/2010)
302010-06-16 Declaration (Motion related)DECLARATION of John C. Fattahi in support of MOTION to Strike AFFIRMATIVE DEFENSES IN SANTA ANA DEFENDANTS' ANSWER TO FIRST AMENDED COMPLAINT ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE 29 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fattahi, John) (Entered: 06/16/2010)
312010-06-21 Stipulation for Protective OrderThird Party STIPULATION for Protective Order filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Exhibit A, # 2 Stipulated Proposed Protective Order)(Fattahi, John) (Entered: 06/21/2010)
322010-06-22 Service of Summons and Complaint Returned Executed (21 days)PROOF OF SERVICE Executed by Plaintiff Nancy Kim, A.K.C., Yung Kim, upon Defendant City Of Anaheim served on 6/15/2010, answer due 7/6/2010. Service of the Summons and Complaint were executed upon Loretta Day, Assistant City Clerk of the City of Anaheim in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Fattahi, John) (Entered: 06/22/2010)
332010-06-25 Motion to Compel Answers to InterrogatoriesNOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Plaintiff A.K.C., as Successor Interest filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 7/29/2010 at 10:00 AM before Magistrate Judge Arthur Nakazato. (Attachments: # 1 Joint Discovery Stipulation, # 2 Declaration to Joint Discovery Stipulation, # 3 Exhibits A to C to Decl JWB to Joint Discovery Stipulation)(Babington, Jill) (Entered: 06/25/2010)
342010-06-25 Protective OrderStipulated PROTECTIVE ORDER by Magistrate Judge Arthur Nakazato Regarding Production of Records by Orange County District Attorney Pursuant to Third-Party Subpoena (See Order for details) (db) (Entered: 06/28/2010)
352010-06-28 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION TO STRIKE AFFIRMATIVE DEFENSES in opposition re: MOTION to Strike AFFIRMATIVE DEFENSES IN SANTA ANA DEFENDANTS' ANSWER TO FIRST AMENDED COMPLAINT ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE 29 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 06/28/2010)
362010-07-01 Scheduling OrderSCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 3/11/2011, Motions due by 5/13/2011, Jury Trial set for 6/21/2011 09:00 AM before Judge Cormac J. Carney, Pretrial Conference set for 6/13/2011 03:30 PM before Judge Cormac J. Carney. (db) (Entered: 07/01/2010)
372010-07-01 OrderORDER by Judge Cormac J. Carney Regarding Settlement Procedures, Pre-Trial conference and Trial. (See Order for details) (db) (Entered: 07/01/2010)
382010-07-05 Reply (Motion related)REPLY in support of MOTION to Strike AFFIRMATIVE DEFENSES IN SANTA ANA DEFENDANTS' ANSWER TO FIRST AMENDED COMPLAINT ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE 29 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 07/05/2010)
392010-07-06 Answer to Complaint (Discovery)ANSWER to Amended Complaint, 24 Answer to Plaintiffs First Amended Complaint filed by Defendant City Of Anaheim.(Johnson, Moses) (Entered: 07/06/2010)
402010-07-06 Stipulation for Extension of Time to File Response/ReplyJoint STIPULATION for Extension of Time to File Responses as to Answer to Complaint (Discovery) 27 , Amended Crossclaim 28 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Proposed Order)(Fattahi, John) (Entered: 07/06/2010)
412010-07-08 Declaration (non-motion)DECLARATION of John C. Fattahi re Stipulation for Extension of Time to File Response/Reply 40 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 07/08/2010)
422010-07-13 Order on Motion to StrikeMINUTES (IN CHAMBERS) ORDER Granting Plaintiff's Motion to Strike Affirmative Defenses with Leave to Amend by Judge Cormac J. Carney 29 . Plaintiffs motion to strike affirmative defenses 1-2, 4, 7-13, 15-25, and 27-50 is GRANTED WITH LEAVE TO AMEND. Defendants shall have twenty days from the date of this order to file an amended answer consistent with this order. (db) (Entered: 07/13/2010)
432010-07-15 OrderORDER by Judge Cormac J. Carney Granting Joint Stipulation for Extension of Time for Plaintiffs to File Responses to Buena Park Defendants' Answer and City of Buena Park's Amended Counterclaim. Having reviewed the parties Joint Stipulation and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the Joint Stipulation is GRANTED and Plaintiffs shall have until July 27, 2010 to file a response to both Buena Park Defendants Answer (No. 27) and City of Buena Parks Amended Cross-Complaint (No. 28). (db) (Entered: 07/16/2010)
442010-07-23 Order on Motion to Compel Answers to InterrogatoriesMINUTES (IN CHAMBERS): ORDER by Magistrate Judge Arthur Nakazato: denying 33 Motion to Compel Answers to Interrogatories. Having read and considered the parties respective papers relating to the Motion, the court finds this matter is appropriate for disposition without a hearing. See Fed. R. Civ. P. (Rule) 78; Local Rule 7-15. Therefore, the hearing date is vacated and off calendar. See document for further details. (ade) (Entered: 07/23/2010)
452010-07-27 Stipulation for Extension of Time to File Response/ReplySecond STIPULATION for Extension of Time to File Responses as to Answer to Complaint (Discovery) 27 , Amended Crossclaim 28 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Proposed Order)(Fattahi, John) (Entered: 07/27/2010)
462010-08-02 Answer to ComplaintANSWER to Amended Complaint, 24 filed by defendants City of Santa Ana, Officer Brandon Sontag.(Babington, Jill) (Entered: 08/02/2010)
472010-08-03 Motion to CompelNOTICE OF MOTION AND MOTION to Compel Further Production of Documents by Defendant City of Santa Ana filed by Plaintiff A.K.C.. Motion set for hearing on 8/26/2010 at 10:00 AM before Magistrate Judge Arthur Nakazato. (Attachments: # 1 Joint Stipulation re Motion, # 2 Declaration of John C. Fattahi, # 3 Exhibit A to Fattahi Declaration, # 4 Exhibit B to Fattahi Declaration, # 5 Exhibit C to Fattahi Declaration, # 6 Exhibit D to Fattahi Declaration, # 7 Exhibit E to Fattahi Declaration, # 8 Exhibit F to Fattahi Declaration, # 9 Proposed Order)(Fattahi, John) (Entered: 08/03/2010)
482010-08-06 Motion for ReviewNOTICE OF MOTION AND MOTION for Review of Magistrate's Discovery Order re Order on Motion to Compel Answers to Interrogatories, 44 filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 9/13/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration, # 2 Exhibits A to C, # 3 Exhibits D to F)(Babington, Jill) (Entered: 08/06/2010)
492010-08-09 Order Extending Answer Due DeadlineORDER by Judge Cormac J. Carney granting Second Joint Stipulation 45 for Extension of Time to File Responses to Buena Park Defendants' Answer and City of Buena Park's Amended Counterclaim: IT IS ORDERED Plaintiffs shall have until August 13, 2010 to file a response to both Buena Park Defendants' Answer (No. 27) and City of Buena Park's Amended Cross-Complaint (No. 28). (rla) (Entered: 08/10/2010)
502010-08-12 Supplement(Motion related)SUPPLEMENT to MOTION to Compel Further Production of Documents by Defendant City of Santa Ana 47 (Plaintiff's Supplemental Memorandum In Support) filed by Plaintiff A.K.C.. (Fattahi, John) (Entered: 08/12/2010)
512010-08-20 Stipulation to ContinueJoint STIPULATION to Continue HEARING ON PLAINTIFF A.K.C.'S MOTION TO COMPEL FURTHER PRODUCTION OF DOCUMENTS BY DEFENDANT CITY OF SANTA ANA from 08/26/10 to 09/09/10 Re: MOTION to Compel Further Production of Documents by Defendant City of Santa Ana 47 filed by Plaintiff A.K.C.. (Attachments: # 1 Proposed Order)(Fattahi, John) (Entered: 08/20/2010)
522010-08-23 Answer to ComplaintANSWER to Amended Complaint, 24 filed by defendants City of Santa Ana, Officer Brandon Sontag.(Babington, Jill) (Entered: 08/23/2010)
532010-08-23 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to MOTION for Review of Magistrate's Discovery Order re Order on Motion to Compel Answers to Interrogatories, 44 MOTION for Review of Magistrate's Discovery Order re Order on Motion to Compel Answers to Interrogatories, 44 48 filed by Plaintiff A.K.C.. (Fattahi, John) (Entered: 08/23/2010)
542010-08-27 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Magistrate Judge Arthur Nakazato re: Stipulation to Continue 51 hearing on MOTION to Compel Further Production of Documents by Defendant City of Santa Ana 47 . The Stipulation is granted as follows: Unless otherwise notified, the hearing date is continued until September 16, 2010, same time and place. On or before September 2, 2010, the City shall provide Plaintiff with revised opposing contentions that must address the issues discussed below. On or before September 9, 2010, the parties shall file an amended joint stipulation that shall supersede the current joint stipulation. In the event the parties resolve all of the underlying discovery disputes, Plaintiffs counsel shall file and serve a notice of withdrawal of the motion to compel (dkt. 47) (mca) (Entered: 08/27/2010)
552010-08-30 Reply (Motion related)REPLY in support MOTION for Review of Magistrate's Discovery Order re Order on Motion to Compel Answers to Interrogatories, 44 MOTION for Review of Magistrate's Discovery Order re Order on Motion to Compel Answers to Interrogatories, 44 48 Reply in Opposition to Motion for Review of Magistrate's Discovery Order filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 08/30/2010)
562010-09-07 Order on Motion for ReviewMINUTES (IN CHAMBERS) ORDER by Judge Cormac J. Granting Defendants' Motion for Review of Magistrate Judge's Discovery Order 48 . Having read and considered the papers presented by the parties, the Court finds this matter appropriate for disposition without a hearing. See FED.R.CIV.P. 78; LOCAL RULE 7-15. Accordingly, the hearing set for September 13, 2010, at 1:30 p.m. is hereby vacated and off calendar. Defendants motion for review of the Magistrate Judges discovery order is GRANTED. (db) (Entered: 09/08/2010)
572010-09-10 Amendment (Motion related)Amendment to MOTION to Compel Further Production of Documents by Defendant City of Santa Ana 47 (Amended Joint Stipulation on Plaintiff A.K.C.'s Motion to Compel Defendant City of Santa Ana to Produce Documents) filed by Plaintiff A.K.C.. (Fattahi, John) (Entered: 09/10/2010)
582010-09-15 Stipulation for Protective OrderSTIPULATION for Protective Order filed by defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Proposed Order)(Babington, Jill) (Entered: 09/15/2010)
592010-09-15 Stipulation for DiscoverySTIPULATION for Discovery as to Release of Autopsy Photographs, Videotapes and X-Rays of Decedent Susie Kim filed by defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Proposed Order)(Babington, Jill) (Entered: 09/15/2010)
602010-09-17 OrderORDER Re Release of Autopsy Photographs, Videotapes and X-Rays of Decedent Susie Kim by Magistrate Judge Arthur Nakazato, re Stipulation for Discovery 59 . IT IS HEREBY ORDERED THAT the Orange County Coroners Office shall release the autopsy photographs, videotapes, and x-rays taken in connection with the autopsy of SUSIE KIM, whose autopsy was performed on April 10, 2009, bearing Coroner Case File No. 09-02905-RA, to the parties for the litigation and trial of this case, A.K.C., et al. v. City of Santa Ana, et al., United States District Court Case No. SACV09-01153 CJC (ANx). (nca) Modified on 9/21/2010 (nca). (Entered: 09/21/2010)
612010-09-21 Notice of Clerical Error (G-11)NOTICE OF CLERICAL ERROR: During initial docketing of the order the incorrect judge was selected. Docket has been edited to reflect the correct judge, Magistrate Judge Arthur Nakazato. Re: Order, 60 (nca) (Entered: 09/21/2010)
622010-09-17 Protective OrderPROTECTIVE ORDER(as modified by the court) by Magistrate Judge Arthur Nakazato (see document for details). (nca) (Entered: 09/21/2010)
632010-09-24 Order on Motion to CompelMINUTES (IN CHAMBERS): ORDER by Magistrate Judge Arthur Nakazato: granting in part and denying in part 47 Motion to Compel. (See Minute Order for details). (mca) (Entered: 09/24/2010)
642010-12-06 Stipulation for HearingSTIPULATION for Hearing re Order on Motion for Review,, 56 filed by defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Proposed Order)(Babington, Jill) (Entered: 12/06/2010)
652010-12-08 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Magistrate Judge Arthur Nakazato re: Stipulation for Hearing 64 . Discovery Hearing set for 1/13/2011 at 10:00 AM before Magistrate Judge Arthur Nakazato. If the parties resolve their dispute, then Defendants' counsel shall forthwith file and serve a request to vacate the 1/13/11 hearing. (See Minute Order for further details). (mca) (Entered: 12/08/2010)
662010-12-27 Request to VacateREQUEST to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Hearing,, 65 Reqeust to Vacate Hearing Set for January 13, 2011 befroe Magistrate Judge filed by defendants City of Santa Ana, Officer Brandon Sontag. Request set for hearing on 1/13/2011 at 10:00 AM before Magistrate Judge Arthur Nakazato. (Babington, Jill) (Entered: 12/27/2010)
672010-12-28 Order on Request to VacateMINUTES (IN CHAMBERS) by Magistrate Judge Arthur Nakazato: granting 66 Request to Vacate January 13, 2011 hearing. No appearances are required. (mca) (Entered: 12/28/2010)
682011-02-01 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Magistrate Judge Arthur Nakazato: The parties are advised that the settlement conference in this case is referred to Magistrate Judge Alicia G. Rosenberg. Unless otherwise notified, within 5 days of service of this Minute Order, counsel shall contact Judge Rosenbergs courtroom deputy clerk in Los Angeles at (213) 894-5419 to schedule this matter. (rla) (Entered: 02/01/2011)
692011-02-14 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg RE: SETTLEMENT CONFERENCE. IT IS ORDERED that the parties shall appear for a settlement conference on April 14, 2011, 1:30 p.m., at 312 N. Spring Street, Los Angeles, California, in Courtroom "826D"- 8th floor. On or before April 7, 2011, each party shall deliver or fax to the chambers of Magistrate Judge Alicia G. Rosenberg at (213) 894-2934 a Confidential Settlement Conference Statement. EACH PARTY SHALL APPEAR AT THE SETTLEMENT CONFERENCE IN PERSON, absent Court permission to participate telephonically. The appearing party, or party representative, is to have authority to settle the case. (See Order for details.) (mp) (Entered: 02/14/2011)
702011-02-24 Stipulation to Dismiss PartyJoint STIPULATION to Dismiss Defendants and Counterdefendants/Crossdefendants A.K.C., City Of Anaheim, City of Buena Park, Detective John Shaddow, Officer Mark Morison, Roes 1 through 25, inclusive, Sergeant Eileen Jones filed by Plaintiffs Nancy Kim, A.K.C., Yung Kim. (Attachments: # 1 Proposed Order)(Galipo, Dale) (Entered: 02/24/2011)
712011-02-24 Stipulation to ContinueSTIPULATION to Continue Discovery Cut-Off Date and Expert Witness Disclosure Date from Various dates to Various dates filed by defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Proposed Order)(Babington, Jill) (Entered: 02/24/2011)
722011-02-25 OrderORDER by Judge Cormac J. Carney, DISMISSING BUENA PARK AND DEFENDANTS AND ANAHEIM, AND BUENA PARK'S COUNTERCLAIM: IT IS HEREBY ORDERED that the Joint Stipulation 70 is GRANTED and City of Buena Park, Officer Mark Morison, Detective John Shaddow, and Sergeant Eileen Jones, City of Anaheim, and Doe 3 [unnamed police officers Josh Blackburn and Thomas Urso] are here by dismissed with prejudice. City of Buena Park's counterclaim/cross-complaint against A.K.C. is also dismissed with prejudice. All parties are to bear their own costs and expenses, including attorneys' fees. (rla) (Entered: 02/28/2011)
732011-02-25 OrderORDER by Judge Cormac J. Carney, re Stipulation to Continue 71 : Pursuant to stipulation of counsel, it is hereby ordered that the discovery cutoff date and expert witness disclosure deadline be continued as follows: Discovery cut-off: 4/11/11; Expert witness disclosure deadline: 4/22/11. (rla) (Entered: 02/28/2011)
742011-03-08 Stipulation for DiscoveryJoint STIPULATION for Discovery as to Regarding Plaintiffs' Notice of Rule 30(B)(6) Deposition of Defendant City of Santa Ana filed by defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Exhibit A-Declaration of John Fattahi, # 2 Exhibit A to Declaration of Fattahi, # 3 Exhibit B-Declaration of Chief Walters, # 4 Exhibit C-Declaration of Jill W. Babington)(Babington, Jill) (Entered: 03/08/2011)
752011-03-09 Motion for Protective OrderNOTICE OF MOTION AND MOTION for Protective Order for Preventing or, in the Alternative, Limiting the Scope of, the Rule 30(B)(6) Deposition of Defendant City of Santa Ana; Joint Stipulation of Counsel filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 3/31/2011 at 10:00 AM before Magistrate Judge Arthur Nakazato. (Attachments: # 1 Table of Contents, # 2 Proposed Order)(Babington, Jill) (Entered: 03/09/2011)
762011-03-17 Supplement(Motion related)SUPPLEMENT to MOTION for Protective Order for Preventing or, in the Alternative, Limiting the Scope of, the Rule 30(B)(6) Deposition of Defendant City of Santa Ana; Joint Stipulation of Counsel MOTION for Protective Order for Preventing or, in the Alternative, Limiting the Scope of, the Rule 30(B)(6) Deposition of Defendant City of Santa Ana; Joint Stipulation of Counsel 75 SUPPLEMENTAL MEMORANDUM IN OPPOSITION; SUPPLEMENTAL DECLARATION OF JOHN C. FATTAHI filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 03/17/2011)
772011-03-25 Order on Motion for Protective OrderORDER Concerning Defendants' Motion for Protective Order (dft.75)(as modified by the Court) by Magistrate Judge Arthur Nakazato: Off Calendar 75 Motion for Protective Order. See Order for more information. (twdb) (Entered: 03/25/2011)
782011-04-15 Settlement ConferenceMINUTES OF Settlement Conference held before Magistrate Judge Alicia G. Rosenberg. The settlement conference is conducted off the record. A settlement is not reached. Counsel are to contact the Clerk, Marine Pogosyan, at (213) 894-5419 if counsel agree a second session of settlement conference is productive.Court Recorder: CS 4/14/2011. (mp) (Entered: 04/15/2011)
792011-04-25 Motion for Summary JudgmentNOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissal of the Case filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 5/23/2011 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Separate Statement, # 2 Index of Supporting Evidence, # 3 Exhibits A to C, # 4 Exhibit D, # 5 Exhibits E to I, # 6 Proposed Order, # 7 Proposed Judgment)(Babington, Jill) (Entered: 04/25/2011)
802011-05-02 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to MOTION for Summary Judgment as to Dismissal of the Case 79 (PUBLIC REDACTED VERSION) filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Plaintiffs' Statement of Genuine Issues and Additional Material Facts (PUBLIC REDACTED VERSION))(Galipo, Dale) (Entered: 05/02/2011)
812011-05-02 Notice of LodgingNOTICE OF LODGING filed PROPOSED ORDER DENYING MOTION re MOTION for Summary Judgment as to Dismissal of the Case 79 (Attachments: # 1 Proposed Order Denying Defendants' Motion for Summary Judgment)(Galipo, Dale) (Entered: 05/02/2011)
822011-05-02 Declaration (Motion related)DECLARATION of Dale K. Galipo IN OPPOSITION TO MOTION for Summary Judgment as to Dismissal of the Case 79 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit R, # 17 Exhibit S)(Galipo, Dale) (Entered: 05/02/2011)
832011-05-02 Declaration (Motion related)DECLARATION of Richard Dedmon IN OPPOSITION TO MOTION for Summary Judgment as to Dismissal of the Case 79 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Galipo, Dale) (Entered: 05/02/2011)
842011-05-02 Notice of Manual Filing (G-92)NOTICE of Manual Filing filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim of Application to File Under Seal, Exhibits A and B thereto, Proposed Sealing Order, Unredacted versions of Plaintiffs' Opposition and Plaintiffs' Separate Statement, and Declaration of John C. Fattahi with attached exhibits. (Galipo, Dale) (Entered: 05/02/2011)
852011-05-02 Proof of Service (subsequent documents)PROOF OF SERVICE filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim, re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 84 (MANUALLY FILED DOCUMENTS) served on 05/02/2011. (Galipo, Dale) (Entered: 05/02/2011)
862011-05-04 Declaration (non-motion)SEALED DOCUMENT RE: DECLARATION in Opposition to Motion for Summary Judgment. (lwag) (Entered: 05/05/2011)
872011-05-04 Application to SealAPPLICATION to FILE UNDER SEAL ; filed by plaintiffs A.K.C., Nancy Kim, Yung Kim. (rla) (Entered: 05/05/2011)
882011-05-04 Order on Application to Seal (document)ORDER by Judge Cormac J. Carney: granting 87 Application to FILE UNDER SEAL. (rla) (Entered: 05/05/2011)
892011-05-04 MEMORANDUM in Opposition to MotionSEALED DOCUMENT MEMORANDUM in Opposition to defendants MOTION for Summary Judgment 79 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (twdb) (Entered: 05/09/2011)
902011-05-04 Statement (Motion related)SEALED DOCUMENT STATEMENT of genuine issues and additional material facts in opposition to MOTION for Summary Judgment 79 . (Attachments: # 1 part 2, # 2 part 3, # 3 part 4)(twdb) (Entered: 05/09/2011)
912011-05-09 Reply (Motion related)REPLY in support of motion MOTION for Summary Judgment as to Dismissal of the Case 79 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibit A, # 3 Evidentiary Objections)(Babington, Jill) (Entered: 05/09/2011)
922011-05-16 Motion in Limine to ExcludeSEALED DOCUMENT - NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A to D)(Babington, Jill) (Entered: 05/16/2011)
932011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Any Evidence or Testimony Regarding A 2007 Incident Where Officer Brandon Sontag Discharged his Firearm at a Dog Following a Call Indicating that two Dogs had Attacked two Children at a School filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A - B)(Babington, Jill) (Entered: 05/16/2011)
942011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Any Evidence or Testimony Regarding the Mandatory Mental Healthcare/Psychotherapy Officer Brandon Sontag Received Following the Shooting Incident filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A - B)(Babington, Jill) (Entered: 05/16/2011)
952011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Any Evidence or Testimony Regarding Post-Incident Shooting Officer Brandon Sontag has been involved in filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A - B)(Babington, Jill) (Entered: 05/16/2011)
962011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicle filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A - B)(Babington, Jill) (Entered: 05/16/2011)
972011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude Any Evidence or Testimony Regarding A 2007 Incident where Officer Brandon Sontag Utilized his Patrol Vehicle to Assist in the Apprehension of a Fleeing Felony Suspect filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A - B)(Babington, Jill) (Entered: 05/16/2011)
982011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude Any Evidence or Testimony by Plaintiffs' Purported Police Practices Expert Criticizing or Commenting upon Officer Brandon Sontag's Pre-Shooting Conduct filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A - C)(Babington, Jill) (Entered: 05/16/2011)
992011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#8) to Exclude Any Evidence or Testimony Regarding Any Other Vehicular Pursuits Officer Brandon Sontag has been involved in, both prior and subsequent to the subject incident, including any Discipline he may have Received as a Result of any such Vehicular Pursuit filed by defendants City of Santa Ana, Officer Brandon Sontag. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A - B)(Babington, Jill) (Entered: 05/16/2011)
1002011-05-16 Motion In Limine to BifurcateNOTICE OF MOTION AND MOTION IN LIMINE (#1) to Bifurcate LIABILITY FROM DAMAGES filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney.(Fattahi, John) (Entered: 05/16/2011)
1012011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude DECEDENT'S PRIOR CONTACTS WITH LAW ENFORCEMENT filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl., # 3 Exhibit B to Fattahi Decl.)(Fattahi, John) (Entered: 05/16/2011)
1022011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude DRUG AND ALCOHOL EVIDENCE filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl.)(Fattahi, John) (Entered: 05/16/2011)
1032011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude IMPROPER HINDSIGHT EVIDENCE filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney.(Fattahi, John) (Entered: 05/16/2011)
1042011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude SUBJECTIVE BELIEFS AND MOTIVATIONS filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney.(Fattahi, John) (Entered: 05/16/2011)
1052011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude CRIMINAL HISTORY OF WITNESS FABIO CONTRERAS filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney.(Fattahi, John) (Entered: 05/16/2011)
1062011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude COLLATERAL SOURCE PAYMENTS filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney.(Fattahi, John) (Entered: 05/16/2011)
1072011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#8) to Exclude EVIDENCE OF CITY'S INTERNAL REVIEW OF THE INCIDENT AND THE DISTRICT ATTORNEY'S CONCLUSIONS REGARDING THE INCIDENT filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl.)(Fattahi, John) (Entered: 05/16/2011)
1082011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#9) to Exclude TESTIMONY OF WILLIAM LEWINSKI PH.D. filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl., # 3 Exhibit B to Fattahi Decl.)(Fattahi, John) (Entered: 05/16/2011)
1092011-05-16 Motion in Limine to ExcludeNOTICE OF MOTION AND MOTION IN LIMINE (#10) to Exclude DEFENSE EXPERTS FROM TESTIFYING AS TO DISPUTED FACTS, LEGAL CONCLUSIONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl., # 3 Exhibit B to Fattahi Decl., # 4 Exhibit C to Fattahi Decl., # 5 Exhibit D to Fattahi Decl.)(Fattahi, John) (Entered: 05/16/2011)
1102011-05-16 Motion in Limine for Evidentiary SanctionsNOTICE OF MOTION AND MOTION IN LIMINE (#11) for Evidentiary Sanctions DEFENDANTS filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. Motion set for hearing on 6/13/2011 at 03:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl., # 3 Exhibit B to Fattahi Decl., # 4 Exhibit C to Fattahi Decl.)(Fattahi, John) (Entered: 05/16/2011)
1112011-05-17 Order on Motion for Summary JudgmentMINUTES (IN CHAMBERS) by Judge Cormac J. Carney: Order Denying in Substantial Part Defendants' Motion for Summary Judgment 79 . (mt) (Entered: 05/17/2011)
1122011-05-19 Stipulation to StrikeJoint STIPULATION to Strike MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident 92 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Proposed Order)(Fattahi, John) (Entered: 05/19/2011)
1132011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #1 TO BIFURCATE LIABILITY FROM DAMAGES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF in opposition re: MOTION IN LIMINE (#1) to Bifurcate LIABILITY FROM DAMAGES 100 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Exhibit A)(Babington, Jill) (Entered: 05/23/2011)
1142011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #2 TO EXCLUDE DECEDENT'S PRIOR CONTACTS WITH LAW ENFORCEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JILL W. BABINGTON in opposition re: MOTION IN LIMINE (#2) to Exclude Any Evidence or Testimony Regarding A 2007 Incident Where Officer Brandon Sontag Discharged his Firearm at a Dog Following a Call Indicating that two Dogs had Attacked two Children at a School MOTION IN LIMINE (#2) to Exclude Any Evidence or Testimony Regarding A 2007 Incident Where Officer Brandon Sontag Discharged his Firearm at a Dog Following a Call Indicating that two Dogs had Attacked two Children at a School 93 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A to C, # 3 Exhibits D to E)(Babington, Jill) (Entered: 05/23/2011)
1152011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #3 TO EXCLUDE DRUG OR ALCOHOL EVIDENCE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JILL W. BABINGTON in opposition re: MOTION IN LIMINE (#3) to Exclude Any Evidence or Testimony Regarding the Mandatory Mental Healthcare/Psychotherapy Officer Brandon Sontag Received Following the Shooting Incident MOTION IN LIMINE (#3) to Exclude Any Evidence or Testimony Regarding the Mandatory Mental Healthcare/Psychotherapy Officer Brandon Sontag Received Following the Shooting Incident 94 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A to D, # 3 Exhibits E to H)(Babington, Jill) (Entered: 05/23/2011)
1162011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #4 TO EXCLUDE "IMPROPER HINDSIGHT EVIDENCE"; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JILL W. BABINGTON in opposition re: MOTION IN LIMINE (#4) to Exclude Any Evidence or Testimony Regarding Post-Incident Shooting Officer Brandon Sontag has been involved in MOTION IN LIMINE (#4) to Exclude Any Evidence or Testimony Regarding Post-Incident Shooting Officer Brandon Sontag has been involved in 95 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A to B, # 3 Exhibits C to F)(Babington, Jill) (Entered: 05/23/2011)
1172011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #5 TO EXCLUDE SUBJECTIVE BELIEFS AND MOTIVATIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JILL W. BABINGTON in opposition re: MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl 96 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 05/23/2011)
1182011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #6 TO EXCLUDE CRIMINAL HISTORY OF FABIO CONTRERAS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JILL W. BABINGTON in opposition re: MOTION IN LIMINE (#6) to Exclude Any Evidence or Testimony Regarding A 2007 Incident where Officer Brandon Sontag Utilized his Patrol Vehicle to Assist in the Apprehension of a Fleeing Felony Suspect MOTION IN LIMINE (#6) to Exclude Any Evidence or Testimony Regarding A 2007 Incident where Officer Brandon Sontag Utilized his Patrol Vehicle to Assist in the Apprehension of a Fleeing Felony Suspect 97 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibit A)(Babington, Jill) (Entered: 05/23/2011)
1192011-05-23 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident 92 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/23/2011)
1202011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #8 TO EXCLUDE EVIDENCE OF CITY'S INTERNAL REVIEW OF THE INCIDENT AND THE DISTRICT ATTORNEY'S CONCLUSIONS REGARDING THE INCIDENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF in opposition re: MOTION IN LIMINE (#8) to Exclude EVIDENCE OF CITY'S INTERNAL REVIEW OF THE INCIDENT AND THE DISTRICT ATTORNEY'S CONCLUSIONS REGARDING THE INCIDENT MOTION IN LIMINE (#8) to Exclude EVIDENCE OF CITY'S INTERNAL REVIEW OF THE INCIDENT AND THE DISTRICT ATTORNEY'S CONCLUSIONS REGARDING THE INCIDENT 107 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibit A)(Babington, Jill) (Entered: 05/23/2011)
1212011-05-23 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Any Evidence or Testimony Regarding A 2007 Incident Where Officer Brandon Sontag Discharged his Firearm at a Dog Following a Call Indicating that two Dogs had Attacked two Children at a School MOTION IN LIMINE (#2) to Exclude Any Evidence or Testimony Regarding A 2007 Incident Where Officer Brandon Sontag Discharged his Firearm at a Dog Following a Call Indicating that two Dogs had Attacked two Children at a School 93 , MOTION IN LIMINE (#4) to Exclude Any Evidence or Testimony Regarding Post-Incident Shooting Officer Brandon Sontag has been involved in MOTION IN LIMINE (#4) to Exclude Any Evidence or Testimony Regarding Post-Incident Shooting Officer Brandon Sontag has been involved in 95 , MOTION IN LIMINE (#6) to Exclude Any Evidence or Testimony Regarding A 2007 Incident where Officer Brandon Sontag Utilized his Patrol Vehicle to Assist in the Apprehension of a Fleeing Felony Suspect MOTION IN LIMINE (#6) to Exclude Any Evidence or Testimony Regarding A 2007 Incident where Officer Brandon Sontag Utilized his Patrol Vehicle to Assist in the Apprehension of a Fleeing Felony Suspect 97 , MOTION IN LIMINE (#8) to Exclude Any Evidence or Testimony Regarding Any Other Vehicular Pursuits Officer Brandon Sontag has been involved in, both prior and subsequent to the subject incident, including any Discipline he may have Received as a R MOTION IN LIMINE (#8) to Exclude Any Evidence or Testimony Regarding Any Other Vehicular Pursuits Officer Brandon Sontag has been involved in, both prior and subsequent to the subject incident, including any Discipline he may have Received as a R MOTION IN LIMINE (#8) to Exclude Any Evidence or Testimony Regarding Any Other Vehicular Pursuits Officer Brandon Sontag has been involved in, both prior and subsequent to the subject incident, including any Discipline he may have Received as a R 99 (Plaintiffs' Oppositions to Defendants' Motions in Limine Nos. 2, 4, 6, and 8) filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/23/2011)
1222011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #9 TO EXCLUDE TESTIMONY OF WILLIAM LEWINSKI, PH.D; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF in opposition re: MOTION IN LIMINE (#9) to Exclude TESTIMONY OF WILLIAM LEWINSKI PH.D. MOTION IN LIMINE (#9) to Exclude TESTIMONY OF WILLIAM LEWINSKI PH.D. 108 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 05/23/2011)
1232011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #10 TO EXCLUDE DEFENSE EXPERTS FROM TESTIFYING AS TO "DISPUTED FACTS, LEGAL CONCLUSONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION"; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF in opposition re: MOTION IN LIMINE (#10) to Exclude DEFENSE EXPERTS FROM TESTIFYING AS TO DISPUTED FACTS, LEGAL CONCLUSIONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION MOTION IN LIMINE (#10) to Exclude DEFENSE EXPERTS FROM TESTIFYING AS TO DISPUTED FACTS, LEGAL CONCLUSIONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION MOTION IN LIMINE (#10) to Exclude DEFENSE EXPERTS FROM TESTIFYING AS TO DISPUTED FACTS, LEGAL CONCLUSIONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION 109 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 05/23/2011)
1242011-05-23 Objection/Opposition (Motion related)OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE #11 TO EXCLUDE "EVIDENCE NOT PROPERLY DISCLSOED OR PRODUCED"; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JILL W. BABINGTON in opposition re: MOTION IN LIMINE (#11) for Evidentiary Sanctions DEFENDANTS MOTION IN LIMINE (#11) for Evidentiary Sanctions DEFENDANTS 110 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A to B)(Babington, Jill) (Entered: 05/23/2011)
1252011-05-23 Memorandum of Contentions of Fact and LawMEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 05/23/2011)
1262011-05-23 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Exclude Any Evidence or Testimony Regarding the Mandatory Mental Healthcare/Psychotherapy Officer Brandon Sontag Received Following the Shooting Incident MOTION IN LIMINE (#3) to Exclude Any Evidence or Testimony Regarding the Mandatory Mental Healthcare/Psychotherapy Officer Brandon Sontag Received Following the Shooting Incident 94 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/23/2011)
1272011-05-23 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl 96 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/23/2011)
1282011-05-23 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to MOTION IN LIMINE (#7) to Exclude Any Evidence or Testimony by Plaintiffs' Purported Police Practices Expert Criticizing or Commenting upon Officer Brandon Sontag's Pre-Shooting Conduct MOTION IN LIMINE (#7) to Exclude Any Evidence or Testimony by Plaintiffs' Purported Police Practices Expert Criticizing or Commenting upon Officer Brandon Sontag's Pre-Shooting Conduct 98 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/23/2011)
1292011-05-23 Memorandum of Contentions of Fact and LawMEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/23/2011)
1302011-05-27 Reply (Motion related)REPLY in support MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident 92 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 05/27/2011)
1312011-05-27 Reply (Motion related)REPLY in support MOTION IN LIMINE (#2) to Exclude Any Evidence or Testimony Regarding A 2007 Incident Where Officer Brandon Sontag Discharged his Firearm at a Dog Following a Call Indicating that two Dogs had Attacked two Children at a School MOTION IN LIMINE (#2) to Exclude Any Evidence or Testimony Regarding A 2007 Incident Where Officer Brandon Sontag Discharged his Firearm at a Dog Following a Call Indicating that two Dogs had Attacked two Children at a School 93 , MOTION IN LIMINE (#4) to Exclude Any Evidence or Testimony Regarding Post-Incident Shooting Officer Brandon Sontag has been involved in MOTION IN LIMINE (#4) to Exclude Any Evidence or Testimony Regarding Post-Incident Shooting Officer Brandon Sontag has been involved in 95 , MOTION IN LIMINE (#6) to Exclude Any Evidence or Testimony Regarding A 2007 Incident where Officer Brandon Sontag Utilized his Patrol Vehicle to Assist in the Apprehension of a Fleeing Felony Suspect MOTION IN LIMINE (#6) to Exclude Any Evidence or Testimony Regarding A 2007 Incident where Officer Brandon Sontag Utilized his Patrol Vehicle to Assist in the Apprehension of a Fleeing Felony Suspect 97 , MOTION IN LIMINE (#8) to Exclude Any Evidence or Testimony Regarding Any Other Vehicular Pursuits Officer Brandon Sontag has been involved in, both prior and subsequent to the subject incident, including any Discipline he may have Received as a R MOTION IN LIMINE (#8) to Exclude Any Evidence or Testimony Regarding Any Other Vehicular Pursuits Officer Brandon Sontag has been involved in, both prior and subsequent to the subject incident, including any Discipline he may have Received as a R MOTION IN LIMINE (#8) to Exclude Any Evidence or Testimony Regarding Any Other Vehicular Pursuits Officer Brandon Sontag has been involved in, both prior and subsequent to the subject incident, including any Discipline he may have Received as a R 99 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 05/27/2011)
1322011-05-27 Reply (Motion related)REPLY in support MOTION IN LIMINE (#7) to Exclude Any Evidence or Testimony by Plaintiffs' Purported Police Practices Expert Criticizing or Commenting upon Officer Brandon Sontag's Pre-Shooting Conduct MOTION IN LIMINE (#7) to Exclude Any Evidence or Testimony by Plaintiffs' Purported Police Practices Expert Criticizing or Commenting upon Officer Brandon Sontag's Pre-Shooting Conduct 98 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 05/27/2011)
1332011-05-27 Reply (Motion related)REPLY in support MOTION IN LIMINE (#3) to Exclude Any Evidence or Testimony Regarding the Mandatory Mental Healthcare/Psychotherapy Officer Brandon Sontag Received Following the Shooting Incident MOTION IN LIMINE (#3) to Exclude Any Evidence or Testimony Regarding the Mandatory Mental Healthcare/Psychotherapy Officer Brandon Sontag Received Following the Shooting Incident 94 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Exhibit A)(Babington, Jill) (Entered: 05/27/2011)
1342011-05-27 Reply (Motion related)REPLY in support MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl MOTION IN LIMINE (#5) to Exclude Any Questioning or Hypotheticals by Plaintiffs' Counsel Directed Toward Officer Brandon Sontag Regarding how he would have acted had he known that Plaintiff A.K.C. was seated in the rear of the suspect vehicl 96 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Exhibit A)(Babington, Jill) (Entered: 05/27/2011)
1352011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#1) to Bifurcate LIABILITY FROM DAMAGES 100 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl.)(Fattahi, John) (Entered: 05/30/2011)
1362011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#2) to Exclude DECEDENT'S PRIOR CONTACTS WITH LAW ENFORCEMENT MOTION IN LIMINE (#2) to Exclude DECEDENT'S PRIOR CONTACTS WITH LAW ENFORCEMENT 101 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/30/2011)
1372011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#3) to Exclude DRUG AND ALCOHOL EVIDENCE MOTION IN LIMINE (#3) to Exclude DRUG AND ALCOHOL EVIDENCE 102 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Declaration of John C. Fattahi, # 2 Exhibit A to Fattahi Decl.)(Fattahi, John) (Entered: 05/30/2011)
1382011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#4) to Exclude IMPROPER HINDSIGHT EVIDENCE 103 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/30/2011)
1392011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#5) to Exclude SUBJECTIVE BELIEFS AND MOTIVATIONS 104 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/30/2011)
1402011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#6) to Exclude CRIMINAL HISTORY OF WITNESS FABIO CONTRERAS 105 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/30/2011)
1412011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#8) to Exclude EVIDENCE OF CITY'S INTERNAL REVIEW OF THE INCIDENT AND THE DISTRICT ATTORNEY'S CONCLUSIONS REGARDING THE INCIDENT MOTION IN LIMINE (#8) to Exclude EVIDENCE OF CITY'S INTERNAL REVIEW OF THE INCIDENT AND THE DISTRICT ATTORNEY'S CONCLUSIONS REGARDING THE INCIDENT 107 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/30/2011)
1422011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#9) to Exclude TESTIMONY OF WILLIAM LEWINSKI PH.D. MOTION IN LIMINE (#9) to Exclude TESTIMONY OF WILLIAM LEWINSKI PH.D. 108 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/30/2011)
1432011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#10) to Exclude DEFENSE EXPERTS FROM TESTIFYING AS TO DISPUTED FACTS, LEGAL CONCLUSIONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION MOTION IN LIMINE (#10) to Exclude DEFENSE EXPERTS FROM TESTIFYING AS TO DISPUTED FACTS, LEGAL CONCLUSIONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION MOTION IN LIMINE (#10) to Exclude DEFENSE EXPERTS FROM TESTIFYING AS TO DISPUTED FACTS, LEGAL CONCLUSIONS, IRRELEVANT MATTERS, AND OPINIONS THAT LACK FOUNDATION 109 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 05/30/2011)
1442011-05-30 Reply (Motion related)REPLY in support of MOTION IN LIMINE (#11) for Evidentiary Sanctions DEFENDANTS MOTION IN LIMINE (#11) for Evidentiary Sanctions DEFENDANTS 110 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Declaration of John C. Fattahi)(Fattahi, John) (Entered: 05/30/2011)
1452011-05-31 Declaration (non-motion)DECLARATION of Steve Kim as Guardian ad Litem for Plaintiff A.K.C. AS SUCCESSOR IN INTEREST TO SUSIE YOUNG KIM (C.C.P. ยง 377.32) filed by Plaintiff A.K.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fattahi, John) (Entered: 05/31/2011)
1462011-06-02 Ex Parte Applicaton for LeaveEX PARTE APPLICATION for Leave to FILE THIRD AMENDED ANSWER TO FIRST AMENDED COMPLAINT filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 [Proposed} Third Amended Answer to First Amended Complaint, # 2 Proposed Order)(Babington, Jill) (Entered: 06/02/2011)
1472011-06-03 MEMORANDUM in Opposition to MotionMEMORANDUM in Opposition to EX PARTE APPLICATION for Leave to FILE THIRD AMENDED ANSWER TO FIRST AMENDED COMPLAINT 146 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 06/03/2011)
1482011-06-02 OrderORDER by Judge Cormac J. Carney, (NOTE: CHANGES MADE BY THE COURT) SEALING DOCUMENT 92 in its Entirety. (rla) (Entered: 06/03/2011)
1492011-06-06 Exhibit ListJOINT Exhibit List filed by Defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/06/2011)
1502011-06-06 Witness ListWitness List filed by Defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/06/2011)
1512011-06-06 StatementSTATEMENT OF CASE (JOINT) (Babington, Jill) (Entered: 06/06/2011)
1522011-06-06 Notice of Lodging Proposed Pretrial OrderNOTICE OF LODGING Proposed Pretrial Conference Order Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Proposed Pretrial Conference Order)(Fattahi, John) (Entered: 06/06/2011)
1532011-06-06 Jury Instructions (Proposed)PROPOSED JURY INSTRUCTIONS filed by Defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/06/2011)
1542011-06-06 Jury Verdict (Proposed)PROPOSED SPECIAL JURY VERDICT filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Babington, Jill) (Entered: 06/06/2011)
1552011-06-06 Voir Dire Questions (Proposed)Proposed Voir Dire Questions filed by Defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/06/2011)
1562011-06-06 Exhibit ListAMENDED Exhibit List (Joint) filed by Defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/06/2011)
1572011-06-06 Witness ListWitness List filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim.. (Fattahi, John) (Entered: 06/06/2011)
1582011-06-06 Jury Verdict (Proposed)PROPOSED PHASE ONE AND TWO SPECIAL JURY VERDICT filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 06/06/2011)
1592011-06-06 Voir Dire Questions (Proposed)Proposed Voir Dire Questions filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim.. (Fattahi, John) (Entered: 06/06/2011)
1602011-06-06 Jury Instructions (Proposed)PROPOSED JURY INSTRUCTIONS (ANNOTATED WITH OBJECTIONS set) filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim.. (Fattahi, John) (Entered: 06/06/2011)
1612011-06-06 Jury Instructions (Proposed)PROPOSED JURY INSTRUCTIONS filed by Defendants City of Santa Ana, Officer Brandon Sontag.. (Attachments: # 1 Proposed Jury Instructions (Not Agreed Upon))(Babington, Jill) (Entered: 06/06/2011)
1622011-06-06 Miscellaneous DocumentPLAINTIFFS' DEPOSITION DESIGNATIONS filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim (Fattahi, John) (Entered: 06/06/2011)
1632011-06-07 Amendment (Motion related)Amendment to MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident MOTION IN LIMINE (#1) to Exclude Bloody, Gory, and Gruesome Photographs of Decedent's Body after the Shooting Incident 92 filed by Defendants City of Santa Ana, Officer Brandon Sontag. (Attachments: # 1 Declaration of Jill W. Babington, # 2 Exhibits A, C and D)(Babington, Jill) (Entered: 06/07/2011)
1642011-06-10 Exhibit ListSECOND AMENDED Exhibit List filed by defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/10/2011)
1652011-06-16 Objections - non-motionOBJECTIONS to Exhibit List 164 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Attachments: # 1 Plaintiffs' Objections to Second Amended Joint Exhibit List)(Fattahi, John) (Entered: 06/16/2011)
1662011-06-17 Minutes of In Chambers Order/Directive - no proceeding heldIN CHAMBERS NOTICE THAT COURT HAS RECEIVED SUBPOENAED ITEMS by Judge Cormac J. Carney: On June 16, 2011, the Court received the following subpoenaed items:(See Attached a copy of the subpoena). (see document for details) (Attachments: # 1 Supplement Subpoena) (mu) (Entered: 06/17/2011)
1672011-06-17 Minutes of In Chambers Order/Directive - no proceeding heldIN CHAMBERS NOTICE THAT COURT HAS RECEIVED SUBPOENAED ITEMS by Judge Cormac J. Carney: On June 17, 2011, the Court received the following subpoenaed items:(See Attached a copy of the subpoena). (see document for details) (Attachments: # 1 Supplement Subpoena) (mu) (Entered: 06/17/2011)
1682011-06-17 Pretrial Conference - FinalMINUTES OF Final Pretrial Conference held before Judge Cormac J. Carney: Court confers with counsel regarding status of settlement negotiations. Counsel inform the Court that a settlement has not been reached. Court and counsel confer further regarding trial documents, procedures and schedules. Court directs Mr. Fattahi to prepare and submit a final witness list on or before June 20, 2011. Court Reporter: Maria Dellaneve. (mt) (Entered: 06/18/2011)
1692011-06-19 Jury Verdict (Proposed)PROPOSED AMENDED DISPUTED PHASE ONE AND TWO FORMS OF JURY VERDICT filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 06/19/2011)
1702011-06-13 Order on Motion in Limine to ExcludeMINUTES OF Pretrial Conference held before Judge Cormac J. Carney: Court GRANTS Plaintiff's Motion in Limine No.'s 2, 6 and 7 and Defendant's Motion in Limine No.'s 2 through 6 and 8, DENIES Plaintiff's Motion in Limine No.'s 1, 5 and 11 and Defendant's Motion in Limine No. 7, GRANTS IN PART Plaintiff's Motion in Limine No.'s 3 and 8, DENIES IN PART Plaintiff's Motion in Limine No. 4 and Defendant's Motion in Limine No. 1 and DENIES WITHOUT PREJUDICE Plaintiff's Motion In Limine No.'s 9 and 10 for reasons stated on the record. Court further DENIES Defendant's Ex Parte Application for leave to file third amended answer to first amended complaint for reasons stated on the record. Final Pretrial Conference set for 6/17/2011 09:00 AM before Judge Cormac J. Carney.Court Reporter: Debbie Gale. (rla) (Entered: 06/20/2011)
1712011-06-20 Jury Instructions (Proposed)PROPOSED JURY INSTRUCTIONS (JOINT PROPOSED AGREED AND DISPUTED - CLEAN set) filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim.. (Fattahi, John) (Entered: 06/20/2011)
1722011-06-20 Exhibit ListDEFENDANTS' Exhibit List (Final) filed by Defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/20/2011)
1732011-06-20 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS NOTICE THAT COURT HAS RECEIVED SUBPOENAED ITEMS by Judge Cormac J. Carney: On June 20, 2011, the Court received the following subpoenaed items: (See Attached a copy of the subpoena).(see document for details) (Attachments: # 1 Supplement Subpoena) (mu) (Entered: 06/20/2011)
1742011-06-20 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS NOTICE THAT COURT HAS RECEIVED SUBPOENAED ITEMS by Judge Cormac J. Carney:On June 20, 2011, the Court received the following subpoenaed items: (See Attached a copy of the subpoena). (see document for details) (Attachments: # 1 Supplement Subpoena) (mu) (Entered: 06/20/2011)
1752011-06-20 Trial BriefTRIAL BRIEF re plaintiffs' claims and damages filed by defendant City of Santa Ana.. (Babington, Jill) (Entered: 06/20/2011)
1762011-06-21 Jury Trial - Held and ContinuedMINUTES OF Jury Trial - 1st day Day held before Judge Cormac J. Carney: Jury empanelled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 6/22/2011 09:00 AM before Judge Cormac J. Carney.Court Reporter: Maria Dellaneve. (twdb) (Entered: 06/22/2011)
1772011-06-22 Jury Trial - Held and ContinuedMINUTES OF Jury Trial - 2nd Day held before Judge Cormac J. Carney: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 6/23/2011 09:00 AM before Judge Cormac J. Carney. Court Reporter: Denise Paddock, Maria Dellaneve. (rla) (Entered: 06/23/2011)
1782011-06-24 Trial BriefTRIAL BRIEF re VERDICT FORM filed by defendants City of Santa Ana, Officer Brandon Sontag.. (Babington, Jill) (Entered: 06/24/2011)
1792011-06-23 Jury Trial - Held and ContinuedMINUTES OF Jury Trial - 3rd Day held before Judge Cormac J. Carney: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 6/24/2011 09:00 AM before Judge Cormac J. Carney.Court Reporter: Maria Dellaneve. (rla) (Entered: 06/24/2011)
1802011-06-27 Miscellaneous DocumentDEFENDANTS INDEX OF PORTIONS OF DEPOSITION TRANSCRIPT OF THOMAS URSO TO BE READ TO JURY [TRANSCRIPT TO BE LODGED WITH COURT] filed by Defendants City of Santa Ana, Officer Brandon Sontag (Babington, Jill) (Entered: 06/27/2011)
1812011-06-24 Minutes of In Chambers Order/Directive - no proceeding heldIN CHAMBERS MINUTE ORDER OF NOTICE THAT COURT HAS RECEIVED SUBPOENAED ITEMS by Judge Cormac J. Carney: On June 21, 2011, the Court received the following subpoenaed items: (See Attached a copy of the subpoena) (see document for details) (Attachments: # 1 Supplement Subpoena) (mu) (Entered: 06/27/2011)
1822011-06-24 Minutes of In Chambers Order/Directive - no proceeding heldIN CHAMBERS MINUTE ORDER OF NOTICE THAT COURT HAS RECEIVED SUBPOENAED ITEMS by Judge Cormac J. Carney: On June 21, 2011, the Court received the following subpoenaed items: (See Attached a copy of the subpoena) (see document for details) (Attachments: # 1 Supplement Subpoena) (mu) (Entered: 06/27/2011)
1832011-06-27 Jury Verdict (Proposed)PROPOSED JURY VERDICT filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim. (Fattahi, John) (Entered: 06/27/2011)
1842011-06-27 Miscellaneous DocumentPLAINTIFFS' OBJECTIONS AND COUNTERDESIGNATIONS TO DEFENDANTS' DEPOSITION DESIGNATIONS FILED ON JUNE 27, 2011 filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim re: Miscellaneous Document 180 (Fattahi, John) (Entered: 06/27/2011)
1852011-06-27 Jury Instructions (Proposed)PROPOSED JURY INSTRUCTIONS (FOLLOWING JUNE 24, 2011 HEARING - CLEAN set) filed by Plaintiffs A.K.C., Nancy Kim, Yung Kim.. (Fattahi, John) (Entered: 06/27/2011)
1862011-06-24 Jury Trial - Held and ContinuedMINUTES OF Jury Trial - 4th Day held before Judge Cormac J. Carney: Witnesses called, sworn and testified. Exhibits identified and admitted. Counsel for Plaintiff withdraws punitive damage's claims. Jury Trial set for 6/28/2011 09:00 AM before Judge Cormac J. Carney.Court Reporter: Maria Dellaneve. (twdb) (Entered: 06/29/2011)
1872011-06-30 Notice of LodgingNOTICE OF LODGING filed Notice of Lodging [Proposed] Order Concerning Officer Brandon Sontag's Presence in Court for Trial re Jury Trial - Held and Continued, 176 (Attachments: # 1 Proposed Order)(Babington, Jill) (Entered: 06/30/2011)
1882011-06-28 Jury Trial - Held and ContinuedMINUTES OF Jury Trial - 5th Day held before Judge Cormac J. Carney: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 6/30/2011 09:00 AM before Judge Cormac J. Carney.Court Reporter: Maria Dellaneve. (twdb) (Entered: 06/30/2011)
1892011-06-30 Jury Trial - Held and ContinuedMINUTES OF Jury Trial - 6th Day held before Judge Cormac J. Carney: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial CONTINUED TO 7/1/2011 09:00 AM before Judge Cormac J. Carney.Court Reporter: Maria Dellaneve. (rla) (Entered: 06/30/2011)
1902011-07-01 OrderORDER by Judge Cormac J. Carney: Concerning Officer Brandon Sontag's Presence in Court for Trial. IT IS HEREBY ORDERED that Santa Ana Police Department Officer Brandon Sontag shall be present in this court, located at 411 W. Fourth Street, Santa Ana, California, Courtroom 9B, for purposes of the civil jury trial in the above-entitled matter, between the dates of June 21, 2011 and July 8, 2011. (mt) (Entered: 07/05/2011)
1912011-07-01 Jury Trial - Held and ContinuedMINUTES OF Jury Trial - 7th Day held before Judge Cormac J. Carney: Closing arguments made Court instructs jury. Jury retires to deliberate. Jury Trial continued to 7/5/2011 09:00 AM before Judge Cormac J. Carney.Court Reporter: Maria Dellaneve. (rla) (Entered: 07/08/2011)
1922011-07-05 Jury Trial - CompletedMINUTES OF Jury Trial - 8th Day held and completed before Judge Cormac J. Carney: Jury resumes deliberations. Filed Witness and Exhibit Lists. Filed jury notes. Filed jury instructions. Jury is deadlocked. Court declares a mistrial and direct counsel to meet and confer regarding mediation and if needed, a new trial date.Court Reporter: Maria Dellaneve. (twdb) (Entered: 07/08/2011)
1932011-06-30 Receipt for Release of Exhibits to Counsel upon Verdict/Judgment at Trial (G-38)RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (rla) (Entered: 07/11/2011)
1942011-07-01 Jury NotesREDACTED Jury Note # 1 filed. (rla) (Entered: 07/11/2011)
1952011-07-01 Jury NotesANSWER TO Jury Note # 1 filed. (rla) (Entered: 07/11/2011)
1962011-07-05 Jury NotesREDACTED Jury Note # 2 filed. (rla) (Entered: 07/11/2011)
1972011-07-05 Jury NotesREDACTED Jury Note # 3 filed. (rla) (Entered: 07/11/2011)
1982011-07-05 List of Exhibits and Witnesses (G-65)LIST OF EXHIBITS AND WITNESSES at trial. (rla) (Entered: 07/11/2011)
1992011-07-01 Jury NotesJury Notes # 1 filed. (rla) (Entered: 07/12/2011)
2002011-07-05 Jury NotesJury Notes # 2 filed. (rla) (Entered: 07/12/2011)
2012011-07-05 Jury NotesJury Notes # 3 filed. (rla) (Entered: 07/12/2011)
2022011-07-13 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney, REFERRING CASE TO MAGISTRATE JUDGE NAKAZATO FOR SETTLEMENT PROCEEDINGS: The Court hereby orders the parties to participate in a settlement conference before Magistrate Judge Nakazato. Counsel are directed to contact Magistrate Judge Nakazato's Courtroom Deputy within the next two weeks to schedule a date and time for the settlement conference. Counsel are further ordered to notify the Court of the outcome of the settlement conference within seven days after its conclusion. (rla) (Entered: 07/13/2011)
2032011-07-19 Notice (Other)NOTICE filed by defendants City of Santa Ana, Officer Brandon Sontag. Notice of Settlement Conference (Babington, Jill) (Entered: 07/19/2011)
2042011-07-20 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Magistrate Judge Arthur Nakazato, Settlement Conference Order: IT IS ORDERED that the parties shall appear for a settlement conference on September 1, 2011, at 1:30 p.m. before Magistrate Judge Arthur Nakazato in Courtroom 6B of the Ronald Reagan Federal Building and U.S. Courthouse located at 411 W. Fourth Street, Santa Ana, CA. (See document for further details.) (rla) (Entered: 07/21/2011)
2052011-09-01 Settlement ConferenceMINUTES OF Settlement Conference held before Magistrate Judge Arthur Nakazato: After extensive settlement negotiations, a settlement agreement was reached. The terms of the settlement agreement were spread upon the record, and each party or party's representative stated he or she understood and agreed the terms of the settlement agreement were irrevocable, binding and enforceable just as if the terms had been reduced to writing. (See Minute Order for details). Court Recorder: CS9-1-11. (mca) (Entered: 09/08/2011)
2062011-09-21 Notice of SettlementNOTICE of Settlement A.K.C., Nancy Kim, Yung Kim. (Galipo, Dale) (Entered: 09/21/2011)
2072011-10-14 Stipulation for Order
2082011-10-19 Order
2102011-10-27 Notice of Manual Filing (G-92)
2112011-10-31 Ex Parte Application to Seal (a Document)
2122011-10-31 Notice of Lodging
2132011-10-31 Order on Ex Parte Application to Seal (Document)
2142011-10-31 Declaration (Motion related)
2152011-11-02 Notice of Change of Attorney Business or Contact Information (G-06)
2162011-10-31 Ex Parte Application for Order
2172011-10-31 Order on Ex Parte Application for Order
2182011-11-11 Stipulation for Order
2192011-11-11 Notice of Lodging
2202011-11-14 Order
2212011-12-01 Stipulation to Dismiss Case
2222011-12-02 Order Dismissing Case