Benjamin Meza v. City of Palm Springs et al
| California Central District Court | |
| Judge: | S James Otero |
| Referred: | Sheri Pym |
| Case #: | 5:14-cv-00509 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Notice of Removal - Civil Rights Act |
| Case Filed: | Mar 17, 2014 |
| Terminated: | Jan 29, 2015 |
| Last checked: Wednesday Dec 10, 2014 9:52 PM PST |
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Defendant
City of Palm Springs
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Represented By
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Defendant
Does
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Defendant
Palm Springs Police Department
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Represented By
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Plaintiff
Benjamin Meza
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Represented By
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| Docket last updated: 40 minutes ago |
| Thursday, January 29, 2015 | ||
| 37 | 37
order
Stipulation and Order ~Util - Terminate Civil Case
Thu 01/29 12:41 PM
ORDER REGARDING DISMISSAL WITH PREJUDICE OF ENTIRE ACTION36 by Judge S. James Oter. In light of the stipulation between the parties, this matter is hereby dismissed with prejudice. This dismissal constitutes a general mutual release of all claims and a mutual waiver of all costs, court fees, and attorneys' fees arising out of this litigation between these parties. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (lom) |
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| Tuesday, January 27, 2015 | ||
| 36 | 36
stip
Dismiss Case
Tue 01/27 12:09 PM
STIPULATION to Dismiss Case pursuant to parties having reached a settlement filed by Plaintiff Benjamin Meza.(Galipo, Dale) |
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Att: 1
Proposed Order Dismissing Action
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| 35 | 35
order
Striking Electronically Filed Documents (G-106)
Tue 01/27 11:43 AM
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge S. James Otero: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1))34 , for the following reasons: does not comply with FRCP 41. The Court sets Order to Show Cause hearing on Monday 2/2/15 at 8:30 a.m. If the parties file the appropriate stipulation in compliance with FRCP 41 the OSC hearing will be vacated. (lom) |
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| Wednesday, January 21, 2015 | ||
| 34 | 34
notice
Voluntary Dismissal of a Case (Pursuant to FRCP 41a (1))
Wed 01/21 3:59 PM
DOCUMENT IS STRICKEN - NOTICE of Voluntary Dismissal filed by Plaintiff Benjamin Meza. Dismissal is with prejudice. (Galipo, Dale) Modified on 1/27/2015 (lom). (Document is stricken, see doc no.35 .) |
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| Friday, October 17, 2014 | ||
| 33 | 33
MINUTES OF Settlement Conference held before Judge S. James Otero: Court and counsel confer in chambers. Matter recalled. The Court places on the record the terms of the proposed settlement which defendants shall recommend at the next city counsel meeting. Trial date remains as scheduled.Court Reporter: Debbie Hino-Spaan. (lc)
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| Monday, October 13, 2014 | ||
| 32 | 32
Notice of Appearance or Withdrawal of Counsel: for attorney Patrick Michael Desmond counsel for Defendant City of Palm Springs. Adding Caroline A. Byrne as attorney as counsel of record for City of Palm Springs for the reason indicated in the G-123 Notice. Filed by Defendant City of Palm Springs. (Desmond, Patrick)
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| Monday, October 06, 2014 | ||
| 31 | 31
ANSWER TO SECOND AMENDED COMPLAINT filed by Defendant City of Palm Springs.(Kraus, Roberta)
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| Monday, September 29, 2014 | ||
| 30 | 30
PROTECTIVE ORDER by Magistrate Judge Sheri Pym [NOTE CHANGE MADE BY COURT IN PARAGRAPH 6.3] (SEE ORDER FOR DETAILS). (kca)
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| Wednesday, September 24, 2014 | ||
| 29 | 29
REQUEST for Order for Protective Order Re Confidential Information , REQUEST for Protective Order for Protection of Confidential Information filed by Defendant City of Palm Springs.(Desmond, Patrick)
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Att: 1
Exhibit A
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| Tuesday, September 23, 2014 | ||
| 28 | 28
MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT23 . the Court GRANTS IN PART and DENIES IN PART Defendant Cityof Palm Spring's Motion to Dismiss Plaintiff's Seconded Amended Complaint. Defendant's Motion to Dismiss the direct battery claim is GRANTED. Defendant's Motion to Dismiss the battery claim under the doctrine of transferred intent, the negligence claim and the denial of medical care claim is DENIED. The Court retroactively GRANTS Plaintiff leave to amend the negligence claim andleave to add a denial of medical care claim. (lc)
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| Wednesday, September 10, 2014 | ||
| 27 | 27
REPLY MOTION to Dismiss Case /PLAINTIFF'S SECOND AMENDED COMPLAINT 23 filed by Defendant City of Palm Springs. (Kraus, Roberta)
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| Tuesday, September 09, 2014 | ||
| 26 | 26 NOTICE OF ORDER VACATING HEARING ON MOTION: The Court finds the following matter suitable for disposition without oral argument and vacates the hearing re MOTION to dismiss Plaintiff's second amended complaint.23 , set for hearing on September 29, 2014. See Fed. R. Civ. P. 78(b). The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY | |
| Monday, September 08, 2014 | ||
| 25 | 25
OPPOSITION Opposition re: MOTION to Dismiss Case /PLAINTIFF'S SECOND AMENDED COMPLAINT 23 filed by Plaintiff Benjamin Meza. (Galipo, Dale)
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| 24 | 24 SCHEDULING NOTICE by Judge S. James Otero. The Court continues the Settlement Conference set for 9/12/14 to Friday, 10/17/2014 09:00 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY | |
| Wednesday, August 20, 2014 | ||
| 23 | 23
NOTICE OF MOTION AND MOTION to Dismiss Case /PLAINTIFF'S SECOND AMENDED COMPLAINT filed by Defendant City of Palm Springs. Motion set for hearing on 9/29/2014 at 10:00 AM before Judge S. James Otero.(Kraus, Roberta)
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Att: 1
Exhibit A - C,
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Att: 2
Proposed Order
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| Tuesday, August 05, 2014 | ||
| 22 | 22
Second AMENDED COMPLAINT against DEFENDANT All Defendants amending Amended Complaint20 , filed by Plaintiff Benjamin Meza (Galipo, Dale)
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| Monday, August 04, 2014 | ||
| 21 | 21
MINUTE ORDER IN CHAMBERS ORDER REGARDING STATUS OF PLAINTIFF by Judge S. James Otero: Plaintiff is ORDERED to file a Second Amended Complaint which pleads consistent facts concerning Plaintiff's status. The Second Amended Complaint must be filed on or before August 6, 2014. Defendants must file their responsive pleading on or before August 20, 2014. The parties should take care to thoroughly review and correct any typographical or factual errors in their pleadings before submitting them to the Court. (bp)
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| Monday, July 28, 2014 | ||
| 20 | 20
FIRST AMENDED COMPLAINT against DEFENDANT All Defendants amending Notice of Removal (Attorney Civil Case Opening)1 , filed by Plaintiff Benjamin Meza (Galipo, Dale)
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| Thursday, June 26, 2014 | ||
| 19 | 19
MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero: granting7 Motion to Dismiss Plaintiff's Complaint. Plaintiff may file a First Amended Complaint by no later than Monday, July 28, 2014. Should Plaintiff file a First Amended Complaint, Defendant must file a responsive pleading within fourteen (14) days of such filing date. (rne)
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| Monday, June 09, 2014 | ||
| 18 | 18
MINUTES OF Scheduling Conference held before Judge S. James Otero. The Court sets the following schedule: discovery cutoff: 2/12/15 ; motion hearing cutoff: 3/30/15 10:00 AM; pretrial conference: 5/4/15 9:00 AM; Jury trial: 5/12/15 9:00 AM; The Court sets a settlement conference Friday, September 12, 2014 9:00 a.m. Reference of the above case to the Alternative Dispute Resolution Pilot Program, General Order 02-07, is vacated.. All discovery dispute to be brought before the Magistrate Judge assigned to the case; parties reminded of requirements of FRCP 26-1(a); counsel are advised all pretrial documents (as listed) must be filed in compliance with Courts Initial Standing order.Court Reporter: Debbie Hino-Spaan. (lc)
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| Monday, June 02, 2014 | ||
| 17 | 17
JOINT REPORT of SCHEDULING CONFERENCE filed by Plaintiff Benjamin Meza. (Galipo, Dale)
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| Monday, May 12, 2014 | ||
| 16 | 16
REPLY TO OPPOSITION TO MOTION to Dismiss Case /PLAINTIFF'S COMPLAINT 7 filed by Defendants City of Palm Springs, Palm Springs Police Department. (Kraus, Roberta)
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| Friday, May 09, 2014 | ||
| 15 | 15 The Court finds the following matter suitable for disposition without oral argument and vacates the hearing re the MOTION to Dismiss Case /PLAINTIFF'S COMPLAINT filed by Defendants City of Palm Springs, Palm Springs Police Department7 , set for hearing on May 26, 2014. See Fed. R. Civ. P. 78(b). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY | |
| Monday, May 05, 2014 | ||
| 14 | 14
Opposition Opposition re: MOTION to Dismiss Case /PLAINTIFF'S COMPLAINT 7 filed by Plaintiff Benjamin Meza. (Galipo, Dale)
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| Tuesday, April 22, 2014 | ||
| 13 | 13 SCHEDULING NOTICE OF CONTUANCE by Judge S. James Otero. On the Court's own motion the Scheduling Conference set for 5/19/14 is continued to Monday, 6/9/2014 08:30 AM before Judge S. James Otero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY | |
| Wednesday, March 26, 2014 | ||
| 12 | 12
ORDER ON JOINT STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS11 by Judge S. James Otero. The hearing on Defendants' Motion to Dismiss the Complaint is continued from 4/21/2014 to 5/26/2014, at 10:00 a.m. and that the timing of the filing of Plaintiff's opposition papers and Defendants' reply papers will be governed by this new hearing date. (jre)
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| Tuesday, March 25, 2014 | ||
| 11 | 11
ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 5/5/2014. Scheduling Conference set for 5/19/2014 08:30 AM before Judge S. James Otero. (vcr)
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| 10 | 10
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
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| Monday, March 24, 2014 | ||
| 9 | 9
Joint STIPULATION to Continue from April 21, 2014 to May 26, 2014 Re: MOTION to Dismiss Case /PLAINTIFF'S COMPLAINT 7 filed by Defendants City of Palm Springs, Palm Springs Police Department.(Kraus, Roberta)
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Att: 1
Proposed Order to Joint Stipulation to Continue Hearing on Defendants' Motion to Dismiss
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| 8 | 8
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case /PLAINTIFF'S COMPLAINT 7 filed by Defendants City of Palm Springs, Palm Springs Police Department.(Kraus, Roberta)
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Att: 1
Exhibit A
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| 7 | 7
NOTICE OF MOTION AND MOTION to Dismiss Case /PLAINTIFF'S COMPLAINT filed by Defendants City of Palm Springs, Palm Springs Police Department. Motion set for hearing on 4/21/2014 at 10:00 AM before Judge S. James Otero.(Kraus, Roberta)
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Att: 1
Exhibit B
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| Thursday, March 20, 2014 | ||
| 6 | 6
NOTICE OF REASSIGNMENT of Eastern Division Removal Case. Pursuant to the procedure adopted by the Court, the above entitled case has been returned to the Clerk for random reassignment. This case has been randomly reassigned to Judge S. James Otero for all further proceedings. Case number will now read EDCV14-00509-SJO(SPx). (adu)
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| 5 | 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (adu)
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| 4 | 4
NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Sheri Pym. (adu)
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| Monday, March 17, 2014 | ||
| 3 | 3
CERTIFICATE of Interested Parties filed by Defendant City of Palm Springs, (Kraus, Roberta)
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| 2 | 2
CIVIL COVER SHEET filed by Defendant City of Palm Springs. (Kraus, Roberta)
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| 1 | 1
NOTICE OF REMOVAL Receipt No: 0973-13521117 - Fee: $400, filed by Defendant City of Palm Springs.(Attorney Roberta A Kraus added to party City of Palm Springs(pty:dft))(Kraus, Roberta)
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Att: 1
Exhibit A
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