Alex Steven Garcia v. San Bernardino County Sheriffs Department et al
| California Central District Court | |
| Judge: | Manuel L Real |
| Referred: | Sheri Pym |
| Case #: | 5:17-cv-00512 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Mar 17, 2017 |
| Terminated: | Mar 29, 2018 |
Create an account to get the full party report for this case.
| Docket last updated: 04/17/2024 11:59 PM PDT |
| Friday, July 13, 2018 | ||
| 49 | 49
order
Initial Order upon Filing of Complaint - form only
Fri 07/13 3:27 PM
upon filing of the complaint by Judge Manuel L. Real. (cch) |
|
| Thursday, April 26, 2018 | ||
| 48 | 48
judgmentCV
Judgment
Mon 04/30 4:38 PM
JUDGMENT FOLLOWING ORDER GRANTING MOTION FOR SUMMARY JUDGMENT by Judge Manuel L. Real: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: (1) That judgment be entered in favor of Defendants on the entire action; and (2) That Defendants recover their costs. (gk) |
|
| 47 | 47
order
Findings of Fact & Conclusions of Law
Mon 04/30 4:36 PM
STATEMENT OF UNCONTROVERTED FACTS AND LAW IN ACCORDANCE WITH THE COURT'S RULING GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT signed by Judge Manuel L. Real. Defendants are entitled to judgment as a matter of law. See document for details. (gk) |
|
| Thursday, April 19, 2018 | ||
| 46 | 46
notice
Notice of Lodging
Thu 04/19 7:59 AM
NOTICE OF LODGING filed Proposed Judgment and Statement of Uncontroverted Facts and Law re Order on Motion for Summary Judgment45(Miederhoff, Adam) |
|
|
Att: 1
Proposed Judgment,
|
||
|
Att: 2
Proposed Statement of Uncontroverted Facts and Law
|
||
| Thursday, March 29, 2018 | ||
| 45 | 45
order
Summary Judgment
Mon 04/02 9:40 AM
ORDER GRANTING DEFENDANT SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT'S MOTION FOR SUMMARY JUDGMENT34 by Judge Manuel L. Real. See document for details. ( MD JS-6. Case Terminated. ) (gk) |
|
| 44 | 44
motion
Substitute Attorney (G-01)
Thu 03/29 4:08 PM
REQUEST TO SUBSTITUTE ATTORNEY Ethan S. Robinson in place of attorney Victor J. Herrera filed by Plaintiff Alex Garcia. (Attorney James Edward McGee, II added to party Alex Garcia(pty:pla)) (McGee, James) |
|
|
Att: 1
Proposed Order
|
||
| Monday, February 26, 2018 | ||
| 43 | 43
order
Pretrial Conference Order - Final
Wed 02/28 2:19 PM
FINAL PRETRIAL CONFERENCE ORDER approved by Judge Manuel L. Real. (gk) |
|
| 42 | 42
minutes
Pretrial Conference - Final - optional html form ~Util - Set/Reset Hearings
Tue 02/27 2:26 PM
MINUTES OF Final Pretrial Conference held before Judge Manuel L. Real: The Court signs the Pretrial Conference Order. The Court GRANTS Plaintiff's request for continuance of trial and sets the Jury Trial on 8/20/2018 10:00 AM before Judge Manuel L. Real. Court and counsel confer regarding settlement. The parties are directed to file a Request for ADR for referral to an ADR procedure. Court Reporter: Cindy Nirenberg. (gk) |
|
| Friday, February 16, 2018 | ||
| 41 | 41
notice
Notice of Lodging Proposed Pretrial Conference Order
Fri 02/16 1:24 PM
NOTICE OF LODGING Proposed Pretrial Conference Order Defendant San Bernardino County Sheriffs Department.(Miederhoff, Adam) |
|
|
Att: 1
Proposed Order Pre-Trial Conference Order
|
||
| Wednesday, February 14, 2018 | ||
| 40 | 40
textonly
Text Only Scheduling Notice
Wed 02/14 5:41 PM
TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) by Judge Manuel L. Real. The Court has determined that Defendant San Bernardino County Sheriffs Department's Motion for Summary Judgment34 set for hearing on February 20, 2018 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of February 20, 2018 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) |
|
| Monday, February 05, 2018 | ||
| 39 | 39
trial
Witness List
Mon 02/05 3:36 PM
Witness List filed by Defendant San Bernardino County Sheriffs Department.. (Miederhoff, Adam) |
|
| 38 | 38
trial
Exhibit List
Mon 02/05 3:35 PM
Exhibit List filed by Defendant San Bernardino County Sheriffs Department.. (Miederhoff, Adam) |
|
| 37 | 37
6
pgs
trial
Memorandum of Contentions of Fact and Law
Mon 02/05 3:34 PM
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant San Bernardino County Sheriffs Department. (Miederhoff, Adam) |
|
| Tuesday, January 23, 2018 | ||
| 36 | 36
notice
Notice of Lodging
Tue 01/23 2:04 PM
NOTICE OF LODGING filed Proposed Order re NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action 34(Miederhoff, Adam) |
|
|
Att: 1
Proposed Order
|
||
| 35 | 35
notice
Notice of Lodging
Tue 01/23 2:03 PM
NOTICE OF LODGING filed Separate Statement of Uncontroverted Material Facts re NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action 34(Miederhoff, Adam) |
|
|
Att: 1
Separate Statement of Uncontroverted Material Facts
|
||
| 34 | 34
motion
Summary Judgment
Tue 01/23 2:00 PM
NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Action filed by Defendant San Bernardino County Sheriffs Department. Motion set for hearing on 2/20/2018 at 10:00 AM before Judge Manuel L. Real. (Miederhoff, Adam) |
|
|
Att: 1
Declaration of Sgt. Kaysie Smith,
|
||
|
Att: 2
Exhibit A,
|
||
|
Att: 3
Exhibit B,
|
||
|
Att: 4
Exhibit C,
|
||
|
Att: 5
Declaration of Adam Miederhoff,
|
||
|
Att: 6
Exhibit D,
|
||
|
Att: 7
Exhibit E
|
||
| Thursday, January 18, 2018 | ||
| 33 | 33
2
pgs
order
Order
Thu 01/18 3:02 PM
ORDER GRANTING JOINT STIPULATION FOR LEAVE OF COURT TO DEPOSE PLAINTIFF IN PRISON by Judge Manuel L. Real: Upon Stipulation32 , this Court HEREBY ORDERS that Defendant, San Bernardino County Sheriffs Department, be granted leave of court to take the deposition of Plaintiff, Alex Steven Garcia, in this matter at the Santa Ana Jail, located at 62 Civic Center Plaza, Santa Ana, CA 92701, on 1/19/2018, beginning at 9:00 AM. In the event that Plaintiff is not made available at the Santa Ana Jail by the U.S. Marshal Service for the full seven hours allowed under Federal Rules of Civil Procedure, Rule 30(d), or not made available on 1/19/2018, that Plaintiff be made available on a subsequent date and time that is consented to by the prison, U.S. Marshals Service and all parties. (gk) |
|
| Tuesday, January 16, 2018 | ||
| 32 | 32
stip
Leave
Tue 01/16 2:41 PM
STIPULATION for Leave to depose plaintiff in prison filed by Defendant San Bernardino County Sheriffs Department.(Miederhoff, Adam) |
|
|
Att: 1
Proposed Order Granting Joint Stipulation for Leave of Court to Depose Plaintiff in Prison
|
||
| Tuesday, November 28, 2017 | ||
| 31 | 31
1
pgs
order
Order
Wed 11/29 3:23 PM
ORDER OF DISMISSAL by Judge Manuel L. Real: Upon Stipulation of the parties under Federal Rule of Civil Procedure 41(a)(1)(A)(i)30 , IT IS ORDERED THAT DEFENDANT, CHRISTINA HOLLAND, BE, AND HEREBY IS, DISMISSED AS PARTY WITHOUT PREJUDICE as to all claims, causes of action, and parties, with each party bearing that party's own attorney's fees and costs. (gk) |
|
| Monday, November 13, 2017 | ||
| 30 | 30
stip
Dismiss Party
Mon 11/13 4:48 PM
Joint STIPULATION to Dismiss Defendant Christina Holland filed by Defendant Christina Holland.(Bogosian, Tamara) |
|
|
Att: 1
Proposed Order Of Dismissal
|
||
| Wednesday, November 01, 2017 | ||
| 29 | 29
misc
Disclosure
Wed 11/01 2:04 PM
F.R.C.P RULE 26 DISCLOSURE filed by Plaintiff Alex Garcia (McGee, James) |
|
| Tuesday, September 26, 2017 | ||
| 28 | 28
order
Pretrial-Trial Scheduling Order - form only
Tue 09/26 4:36 PM
ORDER (IN CHAMBERS) SETTING PRE-TRIAL & TRIAL DATES by Judge Manuel L. Real. COUNSEL ARE NOTIFIED that this action is hereby placed on calendar for FINAL PRE-TRIAL CONFERENCE on FEBRUARY 26, 2018 AT 11:00 A.M. Memoranda of Contentions of Fact and Law, Exhibit Lists and Witness Lists shall be filed and served on or before FEBRUARY 5, 2018, which date will also serve as the discovery cut- off date in this action. There is no Motion Cut-Off Date set. PRE-TRIAL CONFERENCE ORDER shall be lodged with this Court on or before FEBRUARY 19, 2018. JURY TRIAL DATE is set as MARCH 27, 2018 AT 9:00 A.M. IT IS SO ORDERED. (cch) |
|
| Thursday, September 21, 2017 | ||
| 27 | 27
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Thu 09/21 11:03 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Tamara Bogosian counsel for Defendant Santa Ana Police Department. Tamara Bogosian will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Santa Ana Police Department. (Bogosian, Tamara) |
|
| 26 | 26
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Thu 09/21 9:52 AM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123)25 . The following error(s) was/were found: Incomplete docket text -Missing name of event and text content. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) |
|
| Friday, September 15, 2017 | ||
| 25 | 25
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Fri 09/15 10:43 AM
(Bogosian, Tamara) |
|
| Wednesday, September 13, 2017 | ||
| 24 | 24
misc
Joint Report Rule 26(f) Discovery Plan
Wed 09/13 3:42 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendant San Bernardino County Sheriffs Department.. (Miederhoff, Adam) |
|
| Monday, July 31, 2017 | ||
| 23 | 23
order
Order ~Util - Add and Terminate Parties
Tue 08/01 8:30 AM
ORDER GRANTING JOINT STIPULATION OF THE PARTIES TO VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P. 41(a)(1)(A)(i) by Judge Manuel L. Real: Upon Stipulation21 , IT IS ORDERED that Defendant Santa Ana Police Department be, and hereby is, dismissed as party without prejudice as to all claims, causes of action, and parties, with each party bearing that party's own attorney's fees and costs. (gk) |
|
| Friday, July 28, 2017 | ||
| 22 | 22
textonly
Text Only Scheduling Notice
Fri 07/28 12:19 PM
SCHEDULING NOTICE RE: DUE DATE OF EARLY MEETING REPORT/JOINT RULE 26(f) REPORT by Judge Manuel L. Real. An Answer has been filed in this matter. Pursuant to this Court's Order Re: Notice to Counsel, a Joint Rule 26(f) Report/ Early Meeting Report is due on or before September 11, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) |
|
| Thursday, July 27, 2017 | ||
| 21 | 21
stip
Dismiss Party
Thu 07/27 7:14 PM
STIPULATION to Dismiss Defendant Santa Ana Police Department filed by Plaintiff Alex Steven Garcia.(Herrera, Victor) |
|
|
Att: 1
Proposed Order
|
||
| Wednesday, July 26, 2017 | ||
| 20 | 20
notice
Certificate/Notice of Interested Parties
Wed 07/26 11:30 AM
CERTIFICATE of Interested Parties filed by Defendant San Bernardino County Sheriffs Department, identifying AM Trust. (Miederhoff, Adam) |
|
| 19 | 19
answer
Answer to Complaint
Wed 07/26 11:28 AM
ANSWER to Amended Complaint/Petition18 filed by Defendant San Bernardino County Sheriffs Department.(Miederhoff, Adam) |
|
| Wednesday, July 12, 2017 | ||
| 18 | 18
othcmp
Amended Complaint/Petition
Wed 07/12 4:10 PM
First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Alex Steven Garcia(Herrera, Victor) |
|
| Thursday, June 15, 2017 | ||
| 17 | 17
stip
Extending Time to Answer (30 days or less)
Thu 06/15 12:55 PM
STIPULATION Extending Time to Answer the complaint as to Robert Guillen answer now due 7/17/2017; San Bernardino County Sheriffs Department answer now due 7/17/2017; John McMahon answer now due 7/17/2017; Philip Brown answer now due 7/17/2017, re Complaint (Attorney Civil Case Opening)1 filed by Defendants Robert Guillen; San Bernardino County Sheriffs Department; John McMahon; Philip Brown.(Attorney Adam Lee Miederhoff added to party Philip Brown(pty:dft), Attorney Adam Lee Miederhoff added to party Robert Guillen(pty:dft), Attorney Adam Lee Miederhoff added to party John McMahon(pty:dft), Attorney Adam Lee Miederhoff added to party San Bernardino County Sheriffs Department(pty:dft))(Miederhoff, Adam) |
|
| Wednesday, June 14, 2017 | ||
| 16 | 16
stip
Extending Time to Answer (30 days or less)
Wed 06/14 4:12 PM
STIPULATION Extending Time to Answer the complaint as to filed by Defendants Santa Ana Police Department, Christina Holland.(Attorney Tamara Bogosian added to party Christina Holland(pty:dft), Attorney Tamara Bogosian added to party Santa Ana Police Department(pty:dft))(Bogosian, Tamara) |
|
| Thursday, June 08, 2017 | ||
| 15 | 15
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 06/08 1:55 PM
PROOF OF SERVICE Executed by Plaintiff Alex Steven Garcia, upon Defendant San Bernardino County Sheriffs Department served on 5/26/2017, answer due 6/16/2017. Service of the Summons and Complaint were executed upon Blair B. O.R. 2 in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Herrera, Victor) |
|
| 14 | 14
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 06/08 1:54 PM
PROOF OF SERVICE Executed by Plaintiff Alex Steven Garcia, upon Defendant Robert Guillen served on 5/26/2017, answer due 6/16/2017. Service of the Summons and Complaint were executed upon Blair B. O.R. 2 in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Herrera, Victor) |
|
| 13 | 13
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 06/08 1:53 PM
PROOF OF SERVICE Executed by Plaintiff Alex Steven Garcia, upon Defendant John McMahon served on 5/26/2017, answer due 6/16/2017. Service of the Summons and Complaint were executed upon Blair B. O.R. 2 in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Herrera, Victor) |
|
| 12 | 12
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 06/08 1:49 PM
PROOF OF SERVICE Executed by Plaintiff Alex Steven Garcia, upon Defendant Philip Brown served on 5/26/2017, answer due 6/16/2017. Service of the Summons and Complaint were executed upon Blair B. O.R. 2 in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Herrera, Victor) |
|
| 11 | 11
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 06/08 1:47 PM
PROOF OF SERVICE Executed by Plaintiff Alex Steven Garcia, upon Defendant Santa Ana Police Department served on 5/26/2017, answer due 6/16/2017. Service of the Summons and Complaint were executed upon Norma Mitre, Senior Deputy Clerk in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Herrera, Victor) |
|
| 10 | 10
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 06/08 1:41 PM
PROOF OF SERVICE Executed by Defendant Alex Steven Garcia, upon Defendant Christina Holland served on 5/26/2017, answer due 6/16/2017. Service of the Summons and Complaint were executed upon Norma Mitre, Senior Deputy Clerk in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Herrera, Victor) |
|
| Wednesday, April 19, 2017 | ||
| 9 | 9
order
Initial Order upon Filing of Complaint - form only
Wed 04/19 2:32 PM
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch) |
|
| Monday, April 03, 2017 | ||
| 8 | 8
service
Summons Issued
Mon 04/03 11:08 AM
21-Day Summons Issued re Complaint1 as to Defendants San Bernardino County Sheriff's Department, Robert Guillen, John McMahon, Philip Brown, Santa Ana Police Department, Carlos Rojas, Christina Holland, and Does 1 through 50. (gk) |
|
| Tuesday, March 28, 2017 | ||
| 7 | 7
notice
Summons Request
Tue 03/28 5:41 PM
Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,,6 filed by Plaintiff Alex Steven Garcia.(Herrera, Victor) |
|
|
Att: 1
Summons Addendum,
|
||
|
Att: 2
Attachment A
|
||
| Tuesday, March 21, 2017 | ||
| 6 | 6
notice
Deficiency in Summons
Tue 03/21 8:48 AM
NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
|
| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Tue 03/21 8:46 AM
NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Sheri Pym. (esa) |
|
| Friday, March 17, 2017 | ||
| 4 | 4
notice
Summons Request
Fri 03/17 5:17 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Alex Steven Garcia. (Herrera, Victor) |
|
| 3 | 3
notice
Certificate/Notice of Interested Parties
Fri 03/17 4:30 PM
NOTICE of Interested Parties filed by Plaintiff Alex Steven Garcia, identifying San Bernardino County Sheriffs Department, Robert Guillen, John McMahon, Phillip Brown, Santa Ana Police Department, Carlos Rojas, Christina Holland.(Herrera, Victor) |
|
|
Att: 1
Exhibit Attachment
|
||
| 2 | 2
misc
Civil Cover Sheet (CV-71)
Fri 03/17 4:24 PM
CIVIL COVER SHEET filed by Plaintiff Alex Steven Garcia.(Herrera, Victor) |
|
|
Att: 1
Civil Cover Sheet Attachment
|
||
| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Fri 03/17 4:19 PM
COMPLAINT Receipt No: 0973-19536211 - Fee: $400, filed by Plaintiff Alex Steven Garcia. (Attorney Victor J Herrera added to party Alex Steven Garcia(pty:pla))(Herrera, Victor) |
|