Case Details

CourtCentral District of California
Docket number2:10-cv-05836
Date case filed2010-08-05
Date case closed2013-01-30
Date of latest filing
Assigned toJudge Audrey B. Collins
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
12010-08-05 COMPLAINT against Defendants County of Los Angeles, Does 1 through 10, Inclusive, Kirsie. Case assigned to Judge Valerie Baker Fairbank for all further proceedings. Discovery referred to Magistrate Judge Charles F. Eick.(Filing fee $ 350: PAID) Jury Demanded., filed by plaintiff Ruth Perez.(ghap) (mg). (Entered: 08/06/2010)
22010-08-05 CERTIFICATION of Interested Parties filed by Plaintiff Ruth Perez. (ghap) (mg). (Entered: 08/06/2010)
32010-08-05 NOTICE TO PARTIES OF ADR PROGRAM filed.(ghap) (Entered: 08/06/2010)
42010-08-06 STANDING ORDER by Judge Valerie Baker Fairbank (se) (Entered: 08/06/2010)
52010-10-08 MINUTE IN CHAMBERS ORDER SETTING ORDER TO SHOW CAUSE RE PROOF OF SERVICE by Judge Valerie Baker Fairbank: The Court sets an Order to Show Cause re Proof of Service on the non-appearance calendar for 12/6/2010 at 8:30 AM. If a Proof of Service is filed before that date, the OSC will be discharged. Failure to file a proof of servicemay result in fines payable to the Court and/or the ultimate sanction of termination, i.e. dismissal of the complaint. (jp) (Entered: 10/08/2010)
62010-12-03 Summons Returned Unexecuted filed by Plaintiff Ruth Perez. as to County of Los Angeles, Kirsie. (Guizar, Humberto) (Entered: 12/03/2010)
72010-12-03 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Returned Unexecuted 6 . The following error(s) was found: Each proof of service needs to be filed as its own docket entry. The correct event is: Service of Summons and Complaint Returned Executed (21 days). 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. You need not take any action in response to this notice unless and until the court directs you to do so. (kbr) (Entered: 12/03/2010)
82010-12-03 NOTICE of Manual Filing filed by Plaintiff Ruth Perez of Plaintiff's First Amended Complaint. (Galipo, Dale) (Entered: 12/03/2010)
92010-12-06 FIRST AMENDED COMPLAINT 1 ; Demand for Jury Trial against Defendants County of Los Angeles, Deputy Adam Kirste, Does 1 through 10, inclusive, filed by Plaintiff Ruth Perez. (lom) (jp). (Entered: 12/07/2010)
102010-12-08 MINUTE IN CHAMBERS ORDER CONTINUING THE OSC RE PROOF OF SERVICE by Judge Valerie Baker Fairbank: As noted in the Notice to Filer of Deficiencies in Electronically Filed Documents (dkt. #7), each proof of service must be filed as its own docket entry. Accordingly, the Court continues the OSC re Proof of Service to 12/22/2010 at 8:30 AM. If each proof of service is filed as its own docket entry before that date, the OSC will be discharged. Failure to file a proof of service may result in fines payable to the Court and/or the ultimate sanction of termination, i.e. dismissal of the complaint. (jp) (Entered: 12/08/2010)
112010-12-09 PROOF OF SERVICE Executed by Plaintiff Ruth Perez, upon Defendant Adam Kirste served on 8/25/2010, answer due 9/15/2010. Service of the Summons and Complaint were executed upon Sgt. Mendoza, Los Angeles Sheriff Department in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Guizar, Humberto) (Entered: 12/09/2010)
122010-12-09 PROOF OF SERVICE Executed by Plaintiff Ruth Perez, upon Defendant County of Los Angeles served on 8/26/2010, answer due 9/16/2010. Service of the Summons and Complaint were executed upon Tammy Johnson, Deputy Clerk in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Guizar, Humberto) (Entered: 12/09/2010)
132010-12-09 PROOF OF SERVICE filed by PLAINTIFF Ruth Perez, First Amended Complaint served on December 6, 2010. (Guizar, Humberto) (Entered: 12/09/2010)
142010-12-10 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank. Counsel are hereby notified that a Scheduling Conference has been set for February 7, 2011 at 8:30 a.m. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report, ADR Pilot Program Questionnaire, and a Notice of Settlement Procedure Selection Form ADR-1/ADR-12 on or before January 24, 2011. (kbr) (Entered: 12/10/2010)
152010-12-14 MINUTE IN CHAMBERS ORDER DISCHARGING OSC RE PROOF OF SERVICE (DKT. #5) by Judge Valerie Baker Fairbank: In light of the Proofs of Service (dkts. # 11, 12, 13), filed 12/9/2010, indicating that Defendants County of Los Angeles and Deputy Adam Kirste have been served, the Order to Show Cause re Proof of Service scheduled for 12/22/2010 at 8:30 AM., is discharged and taken off calendar. (jp) (Entered: 12/14/2010)
162010-12-20 NOTICE OF MOTION AND MOTION to Dismiss Case filed by DEFENDANTS County of Los Angeles, Adam Kirste. Motion set for hearing on 2/17/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Mathers, Catherine) (Entered: 12/20/2010)
172010-12-20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case 16 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (se) (Entered: 12/20/2010)
182011-01-24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Ruth Perez.. (Galipo, Dale) (Entered: 01/24/2011)
192011-01-24 JOINT ADR PROGRAM QUESTIONNAIRE filed by Plaintiff Ruth Perez.(Galipo, Dale) (Entered: 01/24/2011)
202011-01-24 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request Filed by Plaintiff Ruth Perez.(Galipo, Dale) (Entered: 01/24/2011)
212011-01-24 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiff Ruth Perez. (Attachments: # 1 Proposed Order RE: Settlement Procedure Selection; Request and Notice)(Galipo, Dale) (Entered: 01/24/2011)
222011-01-27 MEMORANDUM in Opposition to MOTION to Dismiss Case 16 filed by Plaintiff Ruth Perez. (Galipo, Dale) (Entered: 01/27/2011)
232011-02-03 REPLY to Opposition to MOTION to Dismiss Case 16 filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 02/03/2011)
242011-02-07 MINUTES OF Scheduling Conference held before Judge Valerie Baker Fairbank. Court Reporter: Pamela Cotten. (kbr) (Entered: 02/09/2011)
252011-02-07 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Valerie Baker Fairbank: Amended Pleadings due by 3/7/2011; Non-expert Discovery cut-off 9/30/2011; Motions to be filed by 10/24/2011; Last date to conduct settlement conference is 5/31/2011; Final Pretrial Conference and MIL hearing set for 2/6/2012 at 02:30 PM before Judge Valerie Baker Fairbank. Jury Trial set for 2/14/2012 at 08:30 AM before Judge Valerie Baker Fairbank. (se) (Entered: 02/09/2011)
262011-02-08 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank. DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT OF RUTH PEREZ 16 set for February 17, 2011 at 11:30 a.m., is CONTINUED to February 28, 2011 at 1:30 p.m. (kbr) (Entered: 02/10/2011)
272011-02-23 MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: granting 16 , with leave to amend, Defendant's Motion to Dismiss Case. The 2/28/11 hearing is vacated and off calendar. (se) (Entered: 02/24/2011)
282011-02-28 First AMENDED MINUTES held before Judge Valerie Baker Fairbank re: Order on Motion to Dismiss Case 27 . (se) (Entered: 02/28/2011)
292011-02-28 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minute Order Regarding Defendant Motion to Dismiss 27 . Document is missing page number(s); 2 through 4 of 4. (jp) (Entered: 02/28/2011)
302011-03-04 SETTLEMENT CONFERENCE ORDER by Magistrate Judge Charles F. Eick. The settlement conference is set for Monday, 4/25/11 at 1:30 p.m., in Courtroom 20, U.S. Courthouse, 312 N. Spring St., Los Angeles, CA. A settlement conference statement of each party must be submitted directly to the chambers of the settlement judge, Room 342, or, in the alternative, faxed directly to the chambers of the settlement judge, no later than 5:00 p.m. on 4/18/11. (sp) (Entered: 03/04/2011)
312011-03-30 ANSWER to Amended Complaint 9 JURY DEMAND. filed by DEFENDANTS County of Los Angeles, Adam Kirste.(Mathers, Catherine) (Entered: 03/30/2011)
322011-03-30 Certification and Notice of Interested Parties filed by DEFENDANTS County of Los Angeles, Adam Kirste, (Mathers, Catherine) (Entered: 03/30/2011)
332011-04-25 MINUTES OF Settlement Conference held before Magistrate Judge Charles F. Eick. Case called. Counsel make their appearances. The Court hears discussion. Parties retire to chambers to proceed with the settlement conference. Settlement is not reached. Court Recorder: Courtsmart. (sp) (Entered: 04/26/2011)
342011-08-10 STIPULATION for Order Protective Order filed by Defendants County of Los Angeles, Does, Kirsie, Adam Kirste.(Mathers, Catherine) (Entered: 08/10/2011)
352011-08-15 MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick. A protective order in accordance with the "Stipulation Re: Protective Order," filed 8/10/11, is hereby entered. (sp) (Entered: 08/15/2011)
362011-08-15 NOTICE of Change of Attorney Information for attorney Catherine Mason Mathers counsel for Defendants County of Los Angeles, Kirsie, Adam Kirste. Adding Ryan M. Deam as attorney as counsel of record for County of Los Angeles, Deputy Kirsie for the reason indicated in the G-06 Notice. Filed by Defendant County of Los Angeles, Deputy Kirsie (Mathers, Catherine) (Entered: 08/15/2011)
372011-10-12 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Audrey B. Collins for all further proceedings. Case number will now read CV 10-05836 ABC(Ex). (rn) (Entered: 10/12/2011)
382011-10-14 MINUTE ORDER (IN CHAMBERS): CASE TRANSFERRED TO JUDGE COLLINS by Judge Audrey B. Collins: PLEASE TAKE NOTICE that this action has been reassigned to the Honorable Audrey B. Collins, Chief United States District Judge. Please substitute the initials ABC in place of the initials VBF. The case number will now read: CV 10-5836 ABC (Ex). Henceforth, it is imperative that the initials ABC be used on all documents to prevent any delays in processing of documents. The Courtroom Deputy Clerk for Judge Collins is Angela Bridges, who may be reached at (213) 894-6500. Judge Collins's courtroom is located on the 6th floor of the Roybal Federal Building, Courtroom 680. Additional information about Judge Collins may be found on the Courts website at www.cacd.uscourts.gov, "Judges' Procedures &Schedules." (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Additional attachment(s) added on 10/17/2011: # 1 Main Document) (ab). (Entered: 10/14/2011)
392011-11-18 NOTICE of Taking Deposition of Howard Woodward, M.D. on November 29, 2011 filed by Defendant County of Los Angeles. (Attachments: # 1 Exhibit Deposition Subpoena)(Mathers, Catherine) (Entered: 11/18/2011)
402011-12-09 MINUTE ORDER (IN CHAMBERS): STATUS REPORT by Judge Audrey B. Collins: This matter was recently transferred to the docket of Chief Judge Audrey Collins. The CourtORDERS the parties to file a Joint Status Report to update the Court of the status of this case by Friday, December 16, 2011. Thereafter, the Court will set a status conference. (lw) (Entered: 12/09/2011)
412011-12-16 STATUS REPORT JOINT filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 12/16/2011)
422011-12-21 MINUTE ORDER IN CHAMBERS re STATUS REPORT by Judge Audrey B. Collins: The Court ORDERS the parties to submit a supplemental Joint Status Report describing their settlement efforts to date, and indicating whether they believe a further attempt at settlement may be fruitful. The Court would appreciate the parties' filing the supplemental report soon as practicable, but in light of the holidays, they may have until December 29, 2011 to do so. The Court hereby GRANTS the parties joint request to continue the discovery cut-off to January 20, 2012. (bm) Modified on 12/27/2011 (ab). (Additional attachment(s) added on 12/27/2011: # 1 Main Document) (ab). (Entered: 12/22/2011)
432011-12-29 STATUS REPORT RE SETTLEMENT EFFORTS filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 12/29/2011)
442012-01-09 NOTICE OF MOTION AND First MOTION IN LIMINE to Preclude Any Evidence and/or Testimony regarding Deputy Kirste and Deputy Picarella's Involvement in any Other Lawsuits, Incidents, or Citizen's Complaints regarding the use of force and Proposed Order filed by Defendants County of Los Angeles, Adam Kirste. Motion set for hearing on 2/6/2012 at 02:30 PM before Judge Audrey B. Collins.(Mathers, Catherine) (Entered: 01/09/2012)
452012-01-09 NOTICE OF MOTION AND Second MOTION IN LIMINE to Preclude Reference to Media Articles Regarding the Incident or to use of Force Incidents Involving the County of Los Angeles Sheriff's Department and Proposed Order filed by Defendants County of Los Angeles, Adam Kirste. Motion set for hearing on 2/6/2012 at 02:30 PM before Judge Audrey B. Collins.(Mathers, Catherine) (Entered: 01/09/2012)
462012-01-09 NOTICE OF MOTION AND Third MOTION IN LIMINE to Preclude Evidence Regarding Monell Related Issues and Proposed Order filed by Defendants County of Los Angeles, Adam Kirste. Motion set for hearing on 2/6/2012 at 02:30 PM before Judge Audrey B. Collins.(Mathers, Catherine) (Entered: 01/09/2012)
472012-01-09 NOTICE OF MOTION AND Fourth MOTION IN LIMINE to Preclude Evidence and Testimony Regarding Plaintiff's Criminal Proceedings and Proposed Order filed by Defendants County of Los Angeles, Adam Kirste. Motion set for hearing on 2/6/2012 at 02:30 PM before Judge Audrey B. Collins.(Mathers, Catherine) (Entered: 01/09/2012)
482012-01-09 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Testimony of Defendants' Expert Gil Jurado filed by Plaintiffs Ruth Perez. Motion set for hearing on 2/6/2012 at 02:30 PM before Judge Audrey B. Collins. (Attachments: # 1 Proposed Order)(Partow, Melanie) (Entered: 01/09/2012)
492012-01-11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motions in Limine 44 , 45 , 46 , 47 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Motions. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/11/2012)
502012-01-13 MINUTE ORDER IN CHAMBERS re TRIAL SCHEDULE by Judge Audrey B. Collins: The final pretrial conference in this case is currently scheduled for February 6, 2012, and the jury trial is scheduled for February 14, 2012. The parties have field their motions in limine. Due to calendar conflicts, the Court cannot keep the February 14 trial date and will have to continue it. However, the Court will still hold the final pretrial conference on February 6, 2012, at which the Court anticipates resolving the motions in limine. The parties are ORDERED to bring their calendars to the final pretrial conference and to be prepared to discuss a new trial date. (bm) (Entered: 01/13/2012)
512012-01-13 OPPOSITION re: MOTION IN LIMINE (#1) to Exclude Testimony of Defendants' Expert Gil Jurado MOTION IN LIMINE (#1) to Exclude Testimony of Defendants' Expert Gil Jurado 48 filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 01/13/2012)
522012-01-13 MEMORANDUM of CONTENTIONS of FACT and LAW filed by DEFENDANTS County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 01/13/2012)
532012-01-13 Witness List filed by DEFENDANTS County of Los Angeles, Adam Kirste.. (Mathers, Catherine) (Entered: 01/13/2012)
542012-01-16 Exhibit List filed by DEFENDANTS County of Los Angeles, Adam Kirste.. (Mathers, Catherine) (Entered: 01/16/2012)
552012-01-16 MEMORANDUM in Opposition to First MOTION IN LIMINE to Preclude Any Evidence and/or Testimony regarding Deputy Kirste and Deputy Picarella's Involvement in any Other Lawsuits, Incidents, or Citizen's Complaints regarding the use of force and Proposed Order 44 filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 01/16/2012)
562012-01-16 MEMORANDUM in Opposition to Second MOTION IN LIMINE to Preclude Reference to Media Articles Regarding the Incident or to use of Force Incidents Involving the County of Los Angeles Sheriff's Department and Proposed Order 45 filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 01/16/2012)
572012-01-16 MEMORANDUM in Opposition to Third MOTION IN LIMINE to Preclude Evidence Regarding Monell Related Issues and Proposed Order 46 filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 01/16/2012)
582012-01-16 MEMORANDUM in Opposition to Fourth MOTION IN LIMINE to Preclude Evidence and Testimony Regarding Plaintiff's Criminal Proceedings and Proposed Order 47 filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 01/16/2012)
592012-01-16 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Ruth Perez. (Partow, Melanie) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/26/12, DOCUMENT 72 *** Modified on 1/27/2012 (bm). (Entered: 01/16/2012)
602012-01-16 Witness List filed by Plaintiff Ruth Perez.. (Partow, Melanie) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/26/12, DOCUMENT 72 *** Modified on 1/27/2012 (bm). (Entered: 01/16/2012)
612012-01-16 Exhibit List filed by Plaintiff Ruth Perez.. (Partow, Melanie) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/26/12, DOCUMENT 70 *** Modified on 1/26/2012 (bm). ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/26/12, DOCUMENT 72 *** Modified on 1/27/2012 (bm). (Entered: 01/16/2012)
622012-01-17 NOTICE OF ERRATA filed by Plaintiff Ruth Perez. correcting Exhibit List 61 , Memorandum of Contentions of Fact and Law 59 , Witness List 60 (Galipo, Dale) (Entered: 01/17/2012)
632012-01-23 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Any Evidence and/or Testimony Regarding Deputy Kirstie and Deputy Sal Picarella's Involvement in Any Other Lawsuits, Incidents, or Citizens' Complaints Regarding the Use of Force filed by Defendants County of Los Angeles, Adam Kirste. Motion set for hearing on 2/6/2012 at 02:30 PM before Judge Audrey B. Collins.(Mathers, Catherine) (Entered: 01/23/2012)
642012-01-23 REPLY Opposition Second MOTION IN LIMINE to Preclude Reference to Media Articles Regarding the Incident or to use of Force Incidents Involving the County of Los Angeles Sheriff's Department and Proposed Order 45 filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 01/23/2012)
652012-01-23 REPLY Opposition Third MOTION IN LIMINE to Preclude Evidence Regarding Monell Related Issues and Proposed Order 46 filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 01/23/2012)
662012-01-23 REPLY Opposition Fourth MOTION IN LIMINE to Preclude Evidence and Testimony Regarding Plaintiff's Criminal Proceedings and Proposed Order 47 filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 01/23/2012)
672012-01-23 REPLY Opposition First MOTION IN LIMINE to Preclude Any Evidence and/or Testimony regarding Deputy Kirste and Deputy Picarella's Involvement in any Other Lawsuits, Incidents, or Citizen's Complaints regarding the use of force and Proposed Order 44 filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 01/23/2012)
682012-01-24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply to Plaintiff's Opposition 63 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents-Reply (Motion related). 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/24/2012)
692012-01-26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Exhibit List 61 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): attached document is only a caption page and does not include the actual exhibit list. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/26/2012)
702012-01-26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 69 by Clerk of Court Other: Exhibit list was not attached exhibits; counsel e-filed notice of errata document #62 with exhibit list attached and asked Court to attached; Court will not attached initial document will be STRICKEN #61; counsel to e-file document properly attaching exhibit list. RE: Exhibit List 61 . (bm) (Entered: 01/26/2012)
712012-01-26 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Ruth Perez. (Attachments: # 1 Exhibit A - [Proposed] Joint Pretrial Conference Order)(Partow, Melanie) (Entered: 01/26/2012)
722012-01-26 MINUTE ORDER IN CHAMBERS re PLAINTIFF'S TRIAL FILINGS by Judge Audrey B. Collins: On January 16, 2012, Plaintiff filed documents 59, 60, and 61. On January 17, 2012, Plaintiff filed a Notice of Errata (document 62) noting that documents 59, 60, and 61, as filed, were missing pages, and asking the Court to replace those documents with other documents attached as exhibits to the Notice of Errata. The Court cannot replace already-filed documents. Rather, the Court hereby STRIKES documents 59, 60, ad 61 because they are evidently incomplete. Plaintiff is ORDERED to refile the documents. (bm) (Entered: 01/27/2012)
732012-01-27 Exhibit List filed by Plaintiff Ruth Perez.. (Partow, Melanie) (Entered: 01/27/2012)
742012-01-27 Witness List filed by Plaintiff Ruth Perez.. (Partow, Melanie) (Entered: 01/27/2012)
752012-01-27 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 01/27/2012)
762012-01-27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law 75 , Exhibit List 73 , Witness List 74 . The following error(s) was found: The CM-ECF Header Stamp for 1/27/2012 is not legible because it appears that the documents were previously e-filed with a CM-ECF Header Stamp from a different date. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lw) (Entered: 01/27/2012)
772012-02-03 PROPOSED JURY INSTRUCTIONS (annotated set) filed by Joint Ruth Perez.. (Guizar, Humberto) (Entered: 02/03/2012)
782012-02-06 JOINT Exhibit List filed by Plaintiff Ruth Perez.. (Galipo, Dale) (Entered: 02/06/2012)
792012-02-06 Witness List filed by (AMENDED) Plaintiff Ruth Perez.. (Galipo, Dale) (Entered: 02/06/2012)
802012-02-06 MINUTES OF FINAL PRETRIAL CONFERENCE; MOTION IN LIMINE NO. 1 BY DEFENDANT [DOCUMENT 44]; MOTION IN LIMINE NO. 2 BY DEFENDANT [DOCUMENT 45]; MOTION IN LIMINE NO. 3 BY DEFENDANT [DOCUMENT 46]; MOTION IN LIMINE NO. 4 BY DEFENDANT [DOCUMENT 47]; MOTION IN LIMINE NO. 1 BY PLAINTIFF [DOCUMENT 48]; MOTION IN LIMINE NO. 1 BY DEFENDANTS COUNTY OF LOS ANGELES, ADAM KIRSTE [DOCUMENT 63] held before Judge Audrey B. Collins: Matter called. Tentative given to counsel. No oral arguments made. Counsel for plaintiff and defendant both submit on tentative. The Court signs order in open Court which rules on the above motions, with the exception of plaintiffs motion in limine no. 1, which the Court defers ruling pending its review of the expert report of Gil Jurado. Court and counsel discuss dates for trial. The Court having heard from counsel, sets the following dates: March 27, 2012 at 8:30 a.m. for jury trial with two additional dates as back ups May 1, 2012 at 8:30 a.m., and July 3, 2012 at 8:30 a.m., estimated to last 3 days. Counsel ORDERED to complete trial documents by no later than February 21, 2012 which include: voir dire, special verdict, jury instructions, and statement of case. Counsel for plaintiff to submit a revised witness list also due on the date given above. The Court sets a hearing one day prior to the jury trial dates to discuss all trial documents: March 26, 2012 at 11:00 a.m., April 30, 2012 at 11:00 a.m., and July 2, 2012 at 11:00 a.m. Parties are allocated 8 hours each to present their case [opening statement, directed examination, cross-examination, and closing arguments]. Court makes minimal changes to the pretrial conference order that has been approved and signed in open Court. Court Reporter: Katherine Stride. (bm) (Entered: 02/09/2012)
812012-02-06 ORDER RE: MOTIONS IN LIMINE by Judge Audrey B. Collins: For the foregoing reasons the Court rules as follows: The Court defers ruling on Plaintiff's Motion in Liminepending its review of Gil Jurado's expert report. Plaintiff is to file that report within seven (7) days of the issuance of this Order. If, after reviewing the report, the Court requires additional briefing, it will set an appropriate briefing schedule. Defendants' Motion in Limine 1 is GRANTED. Defendants' Motion in Limine 2 is GRANTED. Defendants' Motion in Limine 3 is GRANTED. Defendants' Motion in Limine 4 is DENIED. (see document for further details) (bm) (Entered: 02/09/2012)
822012-02-06 CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins: The above matter is set for trial before the Honorable Audrey B. Collins, Courtroom 680, Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012. PRETRIAL AND TRIAL DATES: 1. The Court orders the following dates: a. Discovery cut-off was January 20, 2012. b. Final Pretrial Conference took place on Monday, February 6, 2012 at 10:00 a.m. Trial counsel must be present. Note: Counsel must comply with Local Rule 16. c. Trial is set for Tuesday, March 27, 2012 at 8:30 a.m. {back up dates given also as to trial dates} (see document for further details). (bm) (Entered: 02/09/2012)
832012-02-06 JOINT PRETRIAL CONFERENCE ORDER approved by Judge Audrey B. Collins: NOTE CHANGES MADE BY THE COURT. (bm) (Entered: 02/09/2012)
842012-02-13 NOTICE OF LODGING filed of FRCP Rule 26 Report of Defendants' Police Practices Expert Gil Jurado re Order on Motion in Limine to Preclude,,,,,,,,,,,,,, 81 , Pretrial Conference - Final, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, 80 (Attachments: # 1 Exhibit A - Expert Report of Gil Jurado)(Partow, Melanie) (Entered: 02/13/2012)
852012-02-21 Proposed Voir Dire Questions filed by DEFENDANTS County of Los Angeles, Adam Kirste.. (Mathers, Catherine) (Entered: 02/21/2012)
862012-02-21 PROPOSED SPECIAL JURY VERDICT filed by DEFENDANTS County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 02/21/2012)
872012-02-21 DEFENDANTS' INTERROGATORIES TO THE JURY ON THE ISSUE OF QUALIFIED IMMUNITY OF DEPUTY ADAM KIRSTE filed by Defendants County of Los Angeles, Adam Kirste (Mathers, Catherine) (Entered: 02/21/2012)
882012-02-21 STATEMENT [JOINT] OF THE CASE filed by Plaintiff Ruth Perez (Partow, Melanie) (Entered: 02/21/2012)
892012-02-22 PROPOSED JURY INSTRUCTIONS (AMENDED JOINT [Annotated] set) filed by Plaintiff Ruth Perez.. (Partow, Melanie) (Entered: 02/22/2012)
902012-02-22 Witness List filed by Plaintiff [AMENDED] Ruth Perez.. (Partow, Melanie) (Entered: 02/22/2012)
912012-02-22 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 02/22/2012)
922012-02-22 Proposed Voir Dire Questions filed by Plaintiff Ruth Perez.. (Partow, Melanie) (Entered: 02/22/2012)
932012-02-22 DECLARATION of Melanie T. Partow re Voir Dire Questions (Proposed) 92 , Jury Verdict (Proposed) 91 , Jury Instructions (Proposed) 89 , Witness List 90 filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 02/22/2012)
942012-03-14 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: ORDER GRANTING Plaintiff's Motion in Limine to Exclude Expert Testimony of Gil Jurado 48 . (jp) (Entered: 03/14/2012)
952012-03-19 MINUTE ORDER (IN CHAMBERS): TRIAL MATERIALS by Judge Audrey B. Collins: The Court is preparing draft jury instructions and a draft special verdict form. There are some omissions or inconsistencies in the parties' pretrial submissions that must be clarified as soon as possible: 1. Plaintiff's claim for assault and her claim for battery by a police officer: The Pretrial Conference Order indicates that Plaintiff expects to pursue both of these claims. However, although Plaintiff proposed a jury instruction for the battery claim, she did not propose a jury instruction for assault. Nor did Plaintiff include in her proposed special verdict form questions relating to either claim. Plaintiff must state whether she intends to pursue these claims. If so, she must identify the jury instruction for assault, and must propose special verdict questions for each claim. 2.Plaintiffs state law claim for false arrest: Neither the First Amended Complaint nor the Pretrial Conference Order identify a state law false arrest claim, and Plaintiffs special verdict form does not include questions relating to such a claim. The only arrest claim Plaintiff pled is under section 1983. However, Plaintiff asks the Court to instruct the jury with a California false arrest instruction. The Court is not inclined to give this instruction because false arrest was not pled and is not in the Pretrial Conference Order. If Plaintiff intends to dispute this approach and pursue a state law false arrest claim, she must explain in writing why this is permissible. Plaintiff is ORDERED to prepare a Report responding to these issues as soon as possible but no later than WEDNESDAY, MARCH 21, 2012. (lw) (Entered: 03/19/2012)
962012-03-20 PLAINTIFF'S REPORT of and Clarification of Pretrial Submissions in Response to Court's March 19, 2012 Order filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 03/20/2012)
972012-03-23 STIPULATION to Continue Trial Date from March 27, 2012 to May 1, 2012 filed by Defendants County of Los Angeles, Adam Kirste. (Attachments: # 1 Proposed Order)(Mathers, Catherine) (Entered: 03/23/2012)
982012-03-23 MINUTE ORDER (IN CHAMBERS) TRIAL SCHEDULE by Judge Audrey B. Collins: re: Stipulation to Continue 97 .The Court has received the parties voicemail informing it that the parties intend to file a stipulation today seeking a continuance of the trial set for Tuesday, March 27, due to unavailability of counsel. The stipulation was filed at 4:52 pm on Friday afternoon. The Court is extremely displeased to learn about this request for a continuance essentially on the eve of trial. Surely defense counsel was aware of their calendar conflict with their ongoing state court trial earlier than this afternoon, yet waited until now to inform the Court of the problem. The Court has undertaken considerable effort to clear it schedule to be available next week. The Court will discuss this matter with the parties further at the status conference Monday, March 26, at 11 a.m. (lw) (Entered: 03/23/2012)
992012-03-26 MINUTES: HEARING ON TRIAL DOCUMENTS: Matter called. Court admonishes counsel for defendant as to e-filing stipulation to the Court on Thursday, March 23, 2012 at 4:52 p.m. to continue jury trial set for Tuesday, March 27, 2012. Counsel explains and apologizes to the Court as to the late notice for continuance. Court prepared to review trial documents. In light of the late e-filing of the stipulation to continue the above hearing does not go forth.The Court having heard from counsel, continues the jury trial to May 1, 2012 at 8:30 a.m.. due to the continuation of the jury trial, counsel ORDERED to return April 30, 2012 at 10:00 a.m. to conduct hearing on trial documents. Counsel for plaintiff withdraws request for punitive damages under the state law. Court accepts withdrawal on the record. Counsel ORDERED to notify the Court expeditiously if any changes may arise with respect to canceling a jury trial. The Court can impose counsel to pay for one day of jury service, if the Court isnot alerted properly. The Court will not impose such fees at this time IT IS SO ORDERED Judge Audrey B. Collins Court Reporter: Katherine Stride. (ir) (Entered: 03/27/2012)
1002012-04-27 MINUTES OF Telephonic Conference held before Judge Audrey B. Collins: Matter called. Counsel states appearances. Court and counsel confer regarding trial set for Tuesday, May 1, 2012. Court having heard from counsel and the current circumstances of the Court, hereby vacates the jury trial of May 1, 2012. Court acknowledges that a back date of July 3, 2012 has already been set. Counsel ORDERED to meet and confer to establish more tentative dates for trial. Once dates have been agreed upon, counsel to e-file a joint report with the dates. It is further ORDERED that the hearing on trial documents set for Monday, April 30, 2012 is hereby vacated. Court and counsel discuss trial documents. The Court having heard from counsel, will e-mail counsel the prepared jury instructions, voir dire questions, and verdict form for review. Court Reporter: Will Wilcox. (lw) (Entered: 04/27/2012)
1012012-05-15 NOTICE OF UNAVAILABILITY OF LEAD TRIAL COUNSEL filed by Plaintiffs Ruth Perez. (Galipo, Dale) (Entered: 05/15/2012)
1022012-05-17 Joint STIPULATION for Jury Trial on July 3, 2012; September 4, 2012; or September 18, 2012 filed by Plaintiff Ruth Perez. (Attachments: # 1 Proposed Order Granting Stipulation Re: Trial Dates)(Galipo, Dale) (Entered: 05/17/2012)
1032012-05-22 MINUTE ORDER IN CHAMBERS re TELEPHONIC CONFERENCE by Judge Audrey B. Collins: On the Court's own motion, the Court sets a telephonic conference for May 23, 2012 at 11:00 a.m. Counsel have been notified to appear telephonically on the above date and time. (bm) (Entered: 05/22/2012)
1042012-05-23 MINUTES OF Telephonic Hearing held before Judge Audrey B. Collins: Matter called. Counsel states appearances. Court and counsel confer regarding trial dates. Court having heard from counsel, sets the following dates: Jury trial reset for July 17, 2012 at 8:30 a.m., with a back of date of July 31, 2012 at 8:30 a.m. Counsel to appear July 16, 2012 at 11:00 a.m. discuss trial documents. Court Reporter: Katherine Stride. (lw) (Entered: 05/25/2012)
1052012-07-13 AMENDED JOINT Exhibit List filed by Plaintiff Ruth Perez.. (Partow, Melanie) (Entered: 07/13/2012)
1062012-07-16 NOTICE of Settlement filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 07/16/2012)
1072012-07-16 MINUTES OF FINAL PRETRIAL CONFERENCE (CONTINUED); HEARING ON TRIAL DOCUMENTS held before Judge Audrey B. Collins: Court inquires if settlement has been exhausted. Counsel informs Court that options are continued to be explored at this time, and they will be meeting and conferring after Court as to settlement. Court and counsel confer regarding trial documents. The Court will have documents prepared and ready for jury trial set for tomorrow.Court Reporter: Katherine Stride. (bp) (Entered: 07/17/2012)
1082012-07-16 MINUTE ORDER IN CHAMBERS JURY TRIAL by Judge Audrey B. Collins: The above matter set for jury trial on July 17, 2012 at 8:30 a.m. is hereby vacated. Counsel has informed the Court that they have settled. Counsel ORDERED to e-file notice of settlement to the Court. The trial back up date of July 31, 2012 is also vacated. (bp) (Entered: 07/17/2012)
1092012-10-11 STATUS REPORT re Settlement filed by Plaintiff Ruth Perez. (Partow, Melanie) (Entered: 10/11/2012)
1102012-10-18 MINUTE ORDER IN CHAMBERS re STATUS REPORT by Judge Audrey B. Collins: The Court has reviewed Plaintiff's October 11, 2012 Status Report re: Settlement. The Court hereby ORDERS the parties to file ongoing Joint Reports apprising the Court of the status of their settlement. The next report is due on November 15, 2012, and subsequent reports must be filed every thirty (30) days thereafter until the settlement is finalized. Once the settlement is finalized, the parties are to so notify the Court within five (5) days. (bm) (Entered: 10/19/2012)
1112012-11-15 STATUS REPORT RE: SETTLEMENT filed by Defendants County of Los Angeles, Adam Kirste, Plaintiff Ruth Perez. (Mathers, Catherine) (Entered: 11/15/2012)
1122012-12-19 STATUS REPORT RE: SETTLEMENT filed by Defendants County of Los Angeles, Adam Kirste. (Mathers, Catherine) (Entered: 12/19/2012)
1132013-01-25 STIPULATION to Dismiss Case filed by Defendants County of Los Angeles, Adam Kirste. (Attachments: # 1 Proposed Order)(Mathers, Catherine) (Entered: 01/25/2013)
1142013-01-30 ORDER REGARDING STIPULATION OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE by Judge Audrey B. Collins, re Stipulation to Dismiss Case 113 : IT IS HEREBY ORDERED, that the Complaint of RUTH PEREZ ("Plaintiff") in USDC case no. CV 10-5836-ABC (Ex) is hereby dismissed in its entirety, with prejudice. (Made JS-6. Case Terminated.) (bm) (Entered: 02/01/2013)