Alma L. Magdaleno v. County of Riverside

Case No. 5:21-cv-02027 · District Court, C.D. California

Case summary

Alma L. Magdaleno v. County of Riverside is a federal court case on the docket of the District Court, C.D. California, where it is recorded under case number 5:21-cv-02027. It was filed on December 3, 2021 and terminated on December 15, 2023. Court records list 11 parties, among them Linda Martin (Mediator (Adr Panel)) and John Gette (Defendant). The docket classifies the matter under the nature of suit "440 Civil Rights: Other", with the cause of action recorded as 28:1441 Notice of Removal - Civil Rights Act. Jesus G. Bernal is the judge assigned to the case. The public docket contains 127 entries. The most recent entry, dated March 27, 2024, reads: ORDER by Judge Jesus G. Bernal, Granting Stipulation for Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) 116 . (twdb) (Entered: 03/27/2024).

Case details

Docket number
5:21-cv-02027
Court
District Court, C.D. California
Date filed
December 3, 2021
Date terminated
December 15, 2023
Nature of suit
440 Civil Rights: Other
Cause
28:1441 Notice of Removal - Civil Rights Act
Jurisdiction
Federal Question
Assigned judge
Jesus G. Bernal

Parties

  • Linda MartinMediator (Adr Panel)
  • John GetteDefendant
  • DoesDefendant
  • Doe CHP OfficerDefendant
  • Derek ThomasDefendant
  • California Highway PatrolDefendant
  • County of RiversideDefendant
  • Iveth MagdalenoPlaintiff
  • Yoselin MagdalenoPlaintiff
  • Juan Javier MagdalenoPlaintiff
  • Alma L. Figueroa De MagdalenoPlaintiff

Docket entries

127 entries on the public docket, showing the 97 most recent.

  1. Entry 117March 27, 2024

    ORDER by Judge Jesus G. Bernal, Granting Stipulation for Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) 116 . (twdb) (Entered: 03/27/2024)

  2. Entry 116March 15, 2024

    STIPULATION to Dismiss Case pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii) filed by PLAINTIFFS Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno. (Attachments: # 1 Proposed Order RE STIPULATION FOR DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii))(Galipo, Dale) (Entered: 03/15/2024)

  3. Entry 115December 15, 2023

    SCHEDULING NOTICE by Judge Jesus G. Bernal. In light of the Notice of Tentative Settlement filed December 12, 2023 (Dkt. No. 114), indicating that the case has tentatively settled in its entirety, this action is placed in inactive status. By March 16, 2024, the parties shall file either (1) a proper stipulation and order for dismissal or judgment or (2) a motion to reopen if settlement has not been consummated. Upon the failure to timely comply with this Order, this action shall be deemed dismissed as of March 17, 2024. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates are hereby VACATED. IT IS SO ORDERED. (JS-6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 12/15/2023)

  4. Entry 114December 12, 2023

    NOTICE of Settlement filed by Plaintiffs Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno. (Alison-Mayne, Cooper) (Entered: 12/12/2023)

  5. Entry 113October 17, 2023

    NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Proof of Service (subsequent documents) 112, Proof of Service (subsequent documents) 111, Proof of Service (subsequent documents) 110 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (twdb) (Entered: 10/17/2023)

  6. Entry 112October 16, 2023

    PROOF OF SERVICE filed by Plaintiff Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno, served on October 4, 2023. (Carrazco, Angel) (Entered: 10/16/2023)

  7. Entry 111October 16, 2023

    PROOF OF SERVICE filed by Plaintiff Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno, served on October 4, 2023. (Carrazco, Angel) (Entered: 10/16/2023)

  8. Entry 110October 16, 2023

    PROOF OF SERVICE filed by Plaintiff Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno, served on October 5, 2023. (Carrazco, Angel) (Entered: 10/16/2023)

  9. Entry 109October 12, 2023

    ORDER by Judge Jesus G. Bernal, Granting Stipulation Continuing the Final Pre-Trial Conference and Trial Dates Based on Stipulation 107 . ( Pretrial Conference continued to 12/18/2023 at 11:00 AM before Judge Jesus G. Bernal., Jury Trial continued to 1/9/2024 at 09:00 AM before Judge Jesus G. Bernal.) (twdb) (Entered: 10/12/2023)

  10. Entry 108October 9, 2023

    PROOF OF SERVICE filed by Plaintiff Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno, served on October 2, 2023. (Carrazco, Angel) (Entered: 10/09/2023)

  11. Entry 107October 3, 2023

    Joint STIPULATION to Continue The Final Pre-Trial Conference and Trial Dates Based on Stipulation from PTC 10/2/2023 and Trial 10/24/23 to PTC 12/18/23 and Trial 1/9/24 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order Continuing the Final Pre-Trial Conference and Trial Dates Based on Stipulation)(Carrazco, Angel) (Entered: 10/03/2023)

  12. Entry 106October 2, 2023

    AMENDED DOCUMENT filed by Plaintiffs Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno. Amendment to Witness List 83 (Alison-Mayne, Cooper) (Entered: 10/02/2023)

  13. Entry 105September 29, 2023

    Notice of Appearance or Withdrawal of Counsel: for attorney Dale K Galipo counsel for Plaintiffs Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno. Adding Cooper Alison-Mayne as counsel of record for Alma L. Figueroa De Magdaleno, individually, and as Successor, in interest to Javier Magadaleno Guttierrez, Juan Javier Magdaleno, Individually Yoselin Magdaleno and Iveth Magdaleno for the reason indicated in the G-123 Notice. Filed by Plaintiffs Alma L. Figueroa De Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno, and Iveth Magdaleno. (Galipo, Dale) (Entered: 09/29/2023)

  14. Entry 104September 29, 2023

    Notice of Appearance or Withdrawal of Counsel: for attorney Dale K Galipo counsel for Plaintiffs Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno. Adding Dale K. Galipo as counsel of record for Alma L. Figueroa De Magdaleno, individually, and as Successor, in interest to Javier Magadaleno Guttierrez, Juan Javier Magdaleno, Individually Yoselin Magdaleno and Iveth Magdaleno for the reason indicated in the G-123 Notice. Filed by Plaintiffs Alma L. Figueroa De Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno, and Iveth Magdaleno. (Attorney Dale K Galipo added to party Alma L. Figueroa De Magdaleno(pty:pla), Attorney Dale K Galipo added to party Iveth Magdaleno(pty:pla), Attorney Dale K Galipo added to party Juan Javier Magdaleno(pty:pla), Attorney Dale K Galipo added to party Yoselin Magdaleno(pty:pla))(Galipo, Dale) (Entered: 09/29/2023)

  15. Entry 103September 26, 2023

    ORDER GRANTING STIPULATION TO EXCLUDE EVIDENCE OF NO PROSECUTION AND FINDINGS OR CONCLUSIONS OF INVESTIGATIONS OF THE INCIDENT 84 by Judge Jesus G. Bernal. TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD HEREIN, PLEASE TAKE NOTICE that: The Court, having considered the stipulation of the parties, and good cause appearing therefor, hereby Orders as follows: The following evidence is hereby excluded and counsel, the parties and witnesses are not to testify, interrogate upon or suggest: any evidence of the conclusions of any prosecuting agency or internal investigations such as by the Riverside County District Attorneys Office, The California Attorney General's Office, The California Highway Patrol, The Riverside County Sheriff's Department or any other department or agency that investigated and determined that Defendant John Gette or other deputies or officers should not be prosecuted or that the actions or the force used by Defendant John Gette or other law enforcement officers was "reasonable" or was not "unreasonable." (rolm) (Entered: 09/27/2023)

  16. Entry 102September 25, 2023

    Proposed Voir Dire Questions filed by Defendant California Highway Patrol, John Gette.. (Attachments: # 1 Certificate of Service)(Baxter, Douglas) (Entered: 09/25/2023)

  17. Entry 101September 25, 2023

    PROPOSED JURY VERDICT filed by Defendant California Highway Patrol, John Gette. (Attachments: # 1 Certificate of Service)(Baxter, Douglas) (Entered: 09/25/2023)

  18. Entry 100September 25, 2023

    Proposed Voir Dire Questions filed by Plaintiff Alma L. Figueroa De Magdaleno.. (Carrazco, Angel) (Entered: 09/25/2023)

  19. Entry 99September 25, 2023

    NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 09/25/2023)

  20. Entry 98September 21, 2023

    ORDER by Judge Jesus G. Bernal. IT IS HEREBY ORDERED: 1. The deadline for the parties to file the Proposed Final Pretrial Conference Order, Jury Instructions (and objections), Proposed Verdict Form(s), Statement of the Case, and Proposed Additional Voir Dire Questions is September 25, 2023. 92 (twdb) (Entered: 09/21/2023)

  21. Entry 97September 20, 2023

    PROPOSED SPECIAL JURY VERDICT filed by plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 09/20/2023)

  22. Entry 96September 20, 2023

    STATEMENT the Case filed by Plaintiff Alma L. Figueroa De Magdaleno Proposed (Carrazco, Angel) (Entered: 09/20/2023)

  23. Entry 95September 20, 2023

    NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 09/20/2023)

  24. Entry 94September 20, 2023

    PROPOSED JURY INSTRUCTIONS (Annotated set) filed by plaintiff Alma L. Figueroa De Magdaleno.. (Carrazco, Angel) (Entered: 09/20/2023)

  25. Entry 93September 20, 2023

    STIPULATION for Extension of Time to File and Joint Request of the Parties for Extension of Remaining Pretrial Filing Deadline to Monday September 25, 2023 filed by Defendants California Highway Patrol and John Gette California Highway Patrol, John Gette. (Attachments: # 1 Proposed Order)(Baxter, Douglas) (Entered: 09/20/2023)

  26. Entry 92September 14, 2023

    ORDER by Judge Jesus G. Bernal. IT IS HEREBY ORDERED: 1. The deadline for the parties to file their Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit Lists, and Oppositions to Motions in Limine is continued to September 15, 2023 2. The deadline for the parties to file the Proposed Final Pretrial Conference Order, Jury Instructions (and objections), Proposed Verdict Form(s), Statement of the Case, and Proposed Additional Voir Dire Questions is September 20, 2023. (rolm) (Entered: 09/14/2023)

  27. Entry 91September 13, 2023

    ORDER GRANTING STIPULATION TO BIFURCATE TRIAL INTO TWO PHASES (LIABILITY AND DAMAGES) 78 by Judge Jesus G. Bernal. The Court, having considered the stipulation of the parties, and good cause appearing therefor, hereby Orders as follows: The trial of this Matter is hereby bifurcated into two phases: 1. Liability and 2. Damages. Phase 1 (Liability) will include the Plaintiffs Claims for Relief for 1. Violation of Civil Rights under 42 U.S.C. 1983 (4th Amendment); 2. Battery; 3. Negligence; 4. Bane Act California Civil Code 52.1 and any other Claims forRelief that survive the Defendants' pending Motion for Summary Judgement [if any] (set to be heard on September 11, 2023). Claims that do not survive the Defendants' Motion for Summary Judgment would not be part of the trial, including not part of Phase 1. Plaintiffs still retain their right to appeal regarding any Claims for Relief dismissed (if any) and any issues adjudicated (if any) by the Summary Judgment Motion. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 09/13/2023)

  28. Entry 90September 12, 2023

    MINUTES (IN CHAMBERS) Order (1) GRANTING-IN-PART and DENYING-IN-PART Defendants' Motion for Summary Judgment 57 ; and (2) VACATING the September 18, 2023 Hearing by Judge Jesus G. Bernal. The Court GRANTS the Motion as to the interference with the familial relations (Count Two) and negligent training and supervision (Count Eight) claims. The Court DENIES The Motion as to the excessive force (Count One), battery (Count Six), negligence (Count Seven), and Bane Act (Count Nine) claims. The Court VACATES the September 18, 2023 hearing. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 09/13/2023)

  29. Entry 89September 11, 2023

    Opposition Motion in Limine No. 2 re: MOTION IN LIMINE to Exclude Evidence of any Arrests, Charges, Convictions, and Unconvicted Bad Acts of Decedent 72 filed by Defendants California Highway Patrol, John Gette. (Baxter, Douglas) (Entered: 09/11/2023)

  30. Entry 88September 11, 2023

    Opposition Motion in Limine No. 5 re: MOTION IN LIMINE to Exclude to Limit Defendants' Police Practices Expert Robert J. Fonzi's Opinions Solely to Police Practices 75 filed by Defendants California Highway Patrol, John Gette. (Attachments: # 1 Declaration Of Douglas E. Baxter In Support Of Defendants Opposition To Plaintiffs Motion In Limine No. 5 To Limit Defendants Police Practices Expert Robert J. Fonzis Opinions)(Baxter, Douglas) (Entered: 09/11/2023)

  31. Entry 87September 11, 2023

    MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant California Highway Patrol, John Gette. (Baxter, Douglas) (Entered: 09/11/2023)

  32. Entry 86September 11, 2023

    Witness List filed by Defendant California Highway Patrol, John Gette.. (Baxter, Douglas) (Entered: 09/11/2023)

  33. Entry 85September 11, 2023

    PROPOSED JOINT Exhibit List filed by Plaintiff Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno.. (Carrazco, Angel) (Entered: 09/11/2023)

  34. Entry 84September 11, 2023

    STIPULATION to Exclude STIPULATION TO EXCLUDE EVIDENCE OF NO PROSECUTION AND FINDINGS OR CONCLUSIONS OF INVESTIGATIONS OF THE INCIDENT filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order _Stip-exclude evidence no prosecution)(Carrazco, Angel) (Entered: 09/11/2023)

  35. Entry 83September 11, 2023

    Witness List filed by Plaintiff Alma L. Figueroa De Magdaleno.. (Carrazco, Angel) (Entered: 09/11/2023)

  36. Entry 82September 11, 2023

    to Defendant's Motion in Limine No. 2 to Exclude Photographs of Interior of Decedent's Truck with Ballistics Rods and Blood Splatter/Pooling and Lay Opinions about the Significance of those PLAINTIFFS' OPPOSITION re: MOTION IN LIMINE (#2) to Exclude Photographs of Interior of Decedent's Truck with Ballistics Rods and Blood Spatter/Pooling and Lay Opinions About the Significance of Those Photographs 77 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 09/11/2023)

  37. Entry 81September 11, 2023

    to Defendant's Motion in Limine No. 1 to Exclude Evidence of Caliber and Load Status of Decedent's Weapon PLAINTIFFS' OPPOSITION re: MOTION IN LIMINE (#1) to Exclude Evidence of Caliber and Load Status of Decedent's Weapon 76 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 09/11/2023)

  38. Entry 80September 11, 2023

    MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 09/11/2023)

  39. Entry 79September 8, 2023

    SCHEDULING NOTICE by Judge Jesus G. Bernal re: MOTION for Partial Summary Judgment 57 . The HEARING on the MOTION is CONTINUED from 9/11/2023 to 9/18/2023 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 09/08/2023)

  40. Entry 78September 8, 2023

    STIPULATION for Trial filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order Granting Stipulation to Bifurcate Trial into Two Phases (Liability and Damages)(Carrazco, Angel) (Entered: 09/08/2023)

  41. Entry 77September 6, 2023

    NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Photographs of Interior of Decedent's Truck with Ballistics Rods and Blood Spatter/Pooling and Lay Opinions About the Significance of Those Photographs filed by Defendants California Highway Patrol, John Gette. Motion set for hearing on 10/2/2023 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order Proposed Order)(Baxter, Douglas) (Entered: 09/06/2023)

  42. Entry 76September 6, 2023

    NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Evidence of Caliber and Load Status of Decedent's Weapon filed by Defendants California Highway Patrol, John Gette. Motion set for hearing on 10/2/2023 at 11:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order Proposed Order)(Baxter, Douglas) (Entered: 09/06/2023)

  43. Entry 75September 6, 2023

    NOTICE OF MOTION AND MOTION IN LIMINE to Exclude to Limit Defendants' Police Practices Expert Robert J. Fonzi's Opinions Solely to Police Practices filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Proposed Order Granting Plaintiffs' Motion in Limine No. 5)(Carrazco, Angel) (Entered: 09/06/2023)

  44. Entry 74September 6, 2023

    NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence the Conclusion of any Agency not to Prosecute Defendant John Gette and any Conclusions of other Agencies Regarding the Shooting filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion in Limine No. 4 to Exclude Evidence of the Conclusion of any Agency not to Prosecute Defendant John Gette and any Conclusions of other Agencies Regarding the Shooting)(Carrazco, Angel) (Entered: 09/06/2023)

  45. Entry 73September 6, 2023

    NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Exclude Evidence or Allegations that Imply Decedent Javier Magdaleno had Drugs in his System at the Time of the Shooting filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion in Limine No. 3 to Exclude Evidence or Allegations that Imply Decedent Javier Magdaleno had Drugs in his System at the Time of the Shooting)(Carrazco, Angel) (Entered: 09/06/2023)

  46. Entry 72September 6, 2023

    NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence of any Arrests, Charges, Convictions, and Unconvicted Bad Acts of Decedent filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion in Limine No. 2 to Exclude Evidence of Any Arrests, Charges, Convictions and Unconvicted Bad Acts of Decedent)(Carrazco, Angel) (Entered: 09/06/2023)

  47. Entry 71September 6, 2023

    NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence Regarding Decedent/ Plaintiffs Not Known by Defendants at Time of Incident, to Bifurcate Trial; Memorandum of Points and Authorities; Declaration of Kent M. Henderson filed by Alma L. Figueroa De Magdaleno Alma L. Figueroa De Magdaleno. (Attachments: # 1 Declaration Kent M. Henderson, # 2 Exhibit 1, # 3 Proposed Order Granting Plaintiffs' Motion in Limine No. 1 to Exclude Information Not Known to Defendants When Force was used and Bifurcation of Trial into Two Phases)(Carrazco, Angel) (Entered: 09/06/2023)

  48. Entry 70September 5, 2023

    STIPULATION to Continue and Joint Request of the Parties for Extension of the Two Remaining Pretrial Filing Deadlines by Two Days Each filed by Defendants California Highway Patrol and John Gette California Highway Patrol, John Gette. (Attachments: # 1 Proposed Order)(Baxter, Douglas) (Entered: 09/05/2023)

  49. Entry 69September 5, 2023

    NOTICE of Appearance filed by attorney Angel Carrazco on behalf of Plaintiff Alma L. Figueroa De Magdaleno (Carrazco, Angel) (Entered: 09/05/2023)

  50. Entry 68September 1, 2023

    ORDER by Judge Jesus G. Bernal, Granting Stipulation to Modify Scheduling Order By Two Days So That The Date For Filing Motions In Limine Does Not Fall On The Labor Day Holiday 67 . The date for filing motions in limine in this matter is continued from September 4, 2023 and is now set for September 6, 2023. (twdb) (Entered: 09/01/2023)

  51. Entry 67August 31, 2023

    Joint STIPULATION to MODIFY Pretrial-Trial Scheduling Order - form only, 30 filed by Alma L. Figueroa De Magdaleno Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order Stipulation to Modify Scheduling Order by Two Days so that the Date for Filing Motions In Limine Does Not Fall on the Labor Day Holiday)(Carrazco, Angel) (Entered: 08/31/2023)

  52. Entry 66August 7, 2023

    RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Partial Summary Judgment 57 filed by Defendants California Highway Patrol, John Gette. (Attachments: # 1 Supplement Defendants' Reply to Plaintiffs' Separate Statement of Undisputed Facts in Support of Opposition to Defendant's Motion for Summary Judgment)(Baxter, Douglas) (Entered: 08/07/2023)

  53. Entry 65July 28, 2023

    ORDER 64 by Judge Jesus G. Bernal. IT IS HEREBY ORDERED: 1. Defendants' Reply to Plaintiffs' Opposition to the Motion for Summary Judgment must be filed on or before August 7, 2023. 2. The hearing on Defendants' Motion for Summary Judgment (Dkt. No. 57) is continued from August 7, 2023 to September 11, 2023, at 9:00 a.m. (rolm) (Entered: 07/28/2023)

  54. Entry 64July 26, 2023

    STIPULATION to Continue Modifiction of Brieing Schedule for Defendants' Pending Motion for Summary Judgment and Continuance of the Hearing by One Week from August 7, 2023 to August 14, 2023 filed by Defendants California Highway Patrol and John Gette California Highway Patrol, John Gette. (Attachments: # 1 Proposed Order)(Baxter, Douglas) (Entered: 07/26/2023)

  55. Entry 63July 25, 2023

    Notice Plaintiffs' Notice of Errata in support of Plaintiffs' Opposition to defendants Motion for Summary Judgement filed by Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 07/25/2023)

  56. Entry 62July 24, 2023

    OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment 57 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 07/24/2023)

  57. Entry 61July 24, 2023

    OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment 57 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Declaration Declaration of Angel Carrazco Jr., # 2 Supplement Notice of Manual Lodging)(Carrazco, Angel) (Entered: 07/24/2023)

  58. Entry 60July 24, 2023

    OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment 57 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Supplement Plaintiff separate Statement, # 2 Supplement Plaintiff statement of Evidentiary Objections)(Carrazco, Angel) (Entered: 07/24/2023)

  59. Entry 59July 14, 2023

    ORDER by Judge Jesus G. Bernal, Granting Stipulation to Continue Related Dates on Defendants' Motion for Summary Judgment 58 . Plaintiffs' Opposition Due 7/24/23; Defendants' Reply Due 8/1/23; Motion Date: 8/7/23 at 9:00 am. (twdb) (Entered: 07/14/2023)

  60. Entry 58July 11, 2023

    First STIPULATION for Extension of Time to File Response and Reply filed by plaintiff Alma L. Figueroa De Magdaleno. (Attachments: # 1 Proposed Order Proposed Order to Extend Time to File Opposition and Reply)(Carrazco, Angel) (Entered: 07/11/2023)

  61. Entry 57July 10, 2023

    NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Defendants California Highway Patrol and John Gette California Highway Patrol, John Gette. Motion set for hearing on 8/7/2023 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion by Defendants California Highway Patrol for Summary Judgment, or, in the Alternative Partial Summary Judgment, # 2 Supplement Separate Statement of Undisputed Facts in Support of Motion by Defendants California Highway Patrol and John Gette for Summary Judgment, or, in the Alternative, Partial Summary Judgment of Claims, # 3 Declaration of Douglas E. Baxter in Support of Motion by Defendants California Highway Patrol and John Gette for Summary Judgment, or, in the Alternative, Partial Summary Judgment of Claims, # 4 Exhibit Index of Exhibits to Declaration of Douglas E. Baxter in Support of Motion by Defendants California Highway Patrol and John Gette for Summary Judgment, or, in the Alternative, Partial Summary Judgment of Claims, # 5 Declaration of Defendant John Gette in Support of Motion by Defendants California Highway Patrol and John Gette for Summary Judgment, or, in the Alternative, Partial Summary Judgment of Claims, # 6 Exhibit Index of Exhibits to Declaration of Defendant John Gette in Support of Motion by Defendants California Highway Patrol and John Gette for Summary Judgment, or, in the Alternative, Partial Summary Judgment of Claims, # 7 Supplement Notice of Manual Filing or Lodging, # 8 Proposed Order on Motion by Defendants California Highway Patrol and John Gette for Summary Judgment, or, in the Alternative, Partial Summary Judgment of Claims) (Baxter, Douglas) (Entered: 07/10/2023)

  62. Entry 56June 30, 2023

    NOTICE of Settlement AS TO RIVERSIDE COUNTY DEFENDANTS ONLY filed by Defendants County of Riverside, Derek Thomas. (Sain, Anthony) (Entered: 06/30/2023)

  63. Entry 55May 24, 2023

    MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: DENYING 52 County Defendants' Ex Parte Application to Reopen Discovery (Dkt. No. 52). SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 05/24/2023)

  64. Entry 54May 16, 2023

    NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 7/3/2023 52 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. 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. (twdb) (Entered: 05/16/2023)

  65. Entry 53May 16, 2023

    Plaintiffs' Opposition Opposition re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 7/3/2023 52 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 05/16/2023)

  66. Entry 52May 15, 2023

    EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 7/3/2023 filed by Defendants County of Riverside. (Attachments: # 1 Declaration Bakken Declaration in Support, # 2 Exhibit Exhibits in Support of Bakken Declaration) (Bakken, Tori) (Entered: 05/15/2023)

  67. Entry 51May 1, 2023

    STIPULATION for Discovery as to Modification of the Case Management Scheduling Order, as to the Expert Disclosure and Discovery Deadlines Only filed by Defendants California Highway Patrol and John Gette California Highway Patrol, John Gette. (Attachments: # 1 Proposed Order)(Attorney Douglas E Baxter added to party John Gette(pty:dft))(Baxter, Douglas) (Entered: 05/01/2023)

  68. Entry 50March 14, 2023

    ORDER by Judge Jesus G. Bernal, Granting Stipulation to Modify the Case Management Schedule Deadlines as to Discovery Only 47 . The Court hereby Orders that the Court's scheduling orders including but not limited to Dkt. 46 (to the extent applicable) are hereby modified, continued, and reset to the following case management schedule: ( Fact Discovery cut-off 5/1/2023.) SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 03/15/2023)

  69. Entry 49March 11, 2023

    NOTICE OF MEDIATION DATE filed. Mediation set for April 12, 2023 at 10:00 a.m. via Zoom.(Martin, Linda) (Entered: 03/11/2023)

  70. Entry 48March 11, 2023

    MEDIATION REPORT Filed by Mediator (ADR Panel) Linda Martin: Mediation held on Mediation was continued to April 12, 2023. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(Martin, Linda) (Entered: 03/11/2023)

  71. Entry 47March 6, 2023

    STIPULATION for Order STIPULATION AND JOINT REQUEST OF THE PARTIES FOR MODIFICATION OF THE CASE MANAGEMENT SCHEDULE DEADLINES, AS TO DISCOVERY ONLY filed by Defendants County of Riverside, Derek Thomas. (Attachments: # 1 Proposed Order [PROPOSED] ORDER TO MODIFY THE CASE MANAGEMENT SCHEDULE DEADLINES AS TO DISCOVERY ONLY)(Bakken, Tori) (Entered: 03/06/2023)

  72. Entry 46November 29, 2022

    ORDER TO MODIFY THE CASE MANAGEMENT SCHEDULE 45 by Judge Jesus G. Bernal. The Court hereby Orders that the Court's scheduling orders- including but not limited to Dkt. 30 (to the extent applicable) - are hereby modified, continued, and reset to the following case management schedule: Discovery cut-off 3/27/2023. Motions due by 8/7/2023. Last date to conduct settlement conference is 6/12/2023. Final Pretrial Conference set for 10/2/2023 11:00 AM. Jury Trial set for 10/24/2023 09:00 AM. (SEE DOCUMENT FOR FURTHER DETAILS. ) (rolm) (Entered: 12/02/2022)

  73. Entry 45November 29, 2022

    STIPULATION for Order Stipulation and Joint Request of the Parties for Modification of the Case Management Schedule Deadlines, including the Trial Date filed by Defendants County of Riverside, Derek Thomas. (Attachments: # 1 Proposed Order)(Bakken, Tori) (Entered: 11/29/2022)

  74. Entry 44August 12, 2022

    ANSWER to Amended Complaint/Petition 34 and Demand For Jury Trial filed by Defendant California Highway Patrol.(Baxter, Douglas) (Entered: 08/12/2022)

  75. Entry 43July 5, 2022

    21 DAY Summons Issued re Second Amended Complaint/Petition 34 as to Defendant John Gette. (twdb) (Entered: 07/05/2022)

  76. Entry 42July 4, 2022

    NOTICE OF MEDIATION DATE filed. Mediation set for March 7, 2023.(Martin, Linda) (Entered: 07/04/2022)

  77. Entry 41July 3, 2022

    Request for Clerk to Issue Summons on Amended Complaint/Petition 34 filed by Plaintiffs Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno. (Contreras, Christian) (Entered: 07/03/2022)

  78. Entry 40June 8, 2022

    NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Linda Martin has been assigned to serve as Panel Mediator. (lst) (Entered: 06/08/2022)

  79. Entry 39May 13, 2022

    NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Amended Complaint 38 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (twdb) (Entered: 05/13/2022)

  80. Entry 38May 12, 2022

    ANSWER to Amended Complaint/Petition 34 ANSWER OF DEFENDANTS COUNTY OF RIVERSIDE AND DEREK THOMAS TO PLAINTIFFS' SECOND AMENDED COMPLAINT FOR DAMAGES; JURY TRIAL DEMANDED filed by Defendants County of Riverside, Derek Thomas.(Bakken, Tori) (Entered: 05/12/2022)

  81. Entry 37May 10, 2022

    PROTECTIVE ORDER by Magistrate Judge Shashi H. Kewalramani re Stipulation for Protective Order 36 . (see document for details) (hr) (Entered: 05/10/2022)

  82. Entry 36May 5, 2022

    STIPULATION for Protective Order filed by Defendants County of Riverside, Derek Thomas. (Attachments: # 1 Proposed Order)(Bakken, Tori) (Entered: 05/05/2022)

  83. Entry 35May 3, 2022

    ANSWER to Amended Complaint/Petition 34 and Demand for Jury Trial filed by Defendant California Highway Patrol.(Baxter, Douglas) (Entered: 05/03/2022)

  84. Entry 34April 25, 2022

    SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 24, filed by Plaintiffs Yoselin Magdaleno, Juan Javier Magdaleno, Alma L. Figueroa De Magdaleno, Iveth Magdaleno(Guizar, Humberto) (Entered: 04/25/2022)

  85. Entry 33April 14, 2022

    MINUTES Order (1) GRANTING IN PART AND DENYING IN PART Defendants' Motion to Dismiss (Dkt. No. 26 ); and (2) VACATING the April 18, 2022 Hearing (IN CHAMBERS) by Judge Jesus G. Bernal. For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART the MTD. The Court DISMISSES Individual Defendants from Plaintiffs' Monell claim WITHOUT LEAVE TO AMEND and DISMISSES Plaintiffs' Monell punitive damages claim WITHOUT LEAVE TO AMEND. Plaintiffs' Monell ratification and negligent training and supervision claims are DISMISSED WITH LEAVE TO AMEND. The County's MTD is otherwise DENIED. An amended complaint, if any, should be filed by April 25, 2022. (lom) (Entered: 04/14/2022)

  86. Entry 32April 4, 2022

    REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's First Amended Complaint 26 DEFENDANTS' REPLY IN SUPPORT OF DEFENDANTS' MOTION FOR DISMISSAL OF PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT filed by Defendants County of Riverside, Derek Thomas. (Attachments: # 1 Declaration of Tori L.N. Bakken, # 2 Exhibit A)(Bakken, Tori) (Entered: 04/04/2022)

  87. Entry 31April 1, 2022

    ORDER/REFERRAL to ADR Procedure No 2 by Judge Jesus G. Bernal. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 3/13/2023. (tc) (Entered: 04/01/2022)

  88. Entry 30April 1, 2022

    CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 7/1/2022. Discovery cut-off 2/13/2023. Motions cut-off 5/1/2023. Last date to conduct settlement conference is 3/13/2023. Final Pretrial Conference set for 6/12/2023 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 6/27/2023 09:00 AM before Judge Jesus G. Bernal. See order for details. (tc) (Entered: 04/01/2022)

  89. Entry 29April 1, 2022

    The Court hereby vacates the Scheduling Conference set for 4/4/2022. The Court will issue a separate trial scheduling order setting forth a trial schedule. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tc) TEXT ONLY ENTRY (Entered: 04/01/2022)

  90. Entry 28March 28, 2022

    OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's First Amended Complaint 26 filed by Plaintiff Alma L. Figueroa De Magdaleno. (Carrazco, Angel) (Entered: 03/28/2022)

  91. Entry 27March 24, 2022

    ANSWER to Amended Complaint/Petition 24 and Demand for Jury Trial filed by Defendant California Highway Patrol.(Baxter, Douglas) (Entered: 03/24/2022)

  92. Entry 26March 21, 2022

    NOTICE OF MOTION AND MOTION to Dismiss Portions of Plaintiff's First Amended Complaint filed by Defendants County of Riverside, Derek Thomas. Motion set for hearing on 4/18/2022 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order) (Sain, Anthony) (Entered: 03/21/2022)

  93. Entry 25March 11, 2022

    MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order DENYING AS MOOT Defendants Motion for Judgment on the Pleadings (Dkt. No. 19). SEE DOCUMENT FOR FURTHER INFORMATION 19 . (twdb) (Entered: 03/11/2022)

  94. Entry 24March 10, 2022

    FIRST AMENDED COMPLAINT against ALL DEFENDANTS All Plaintiffs amending Complaint - (Discovery),, filed by Plaintiffs Iveth Magdaleno, Alma L. Figueroa De Magdaleno, Yoselin Magdaleno, Juan Javier Magdaleno(Contreras, Christian) (Entered: 03/10/2022)

  95. Entry 23March 1, 2022

    ORDER by Judge Jesus G. Bernal, Granting Stipulation Regarding Leave to File First Amended Complaint 21 . Plaintiffs ALMA L. FIGUEROA DE MAGDALENO, et al. shall have leave to file their first amended complaint in this matter to name CHP Officer John Gette (ID No. 19163) as a defendant in this action; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 03/02/2022)

  96. Entry 22February 28, 2022

    REPLY in support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings 19 DEFENDANTS' REPLY TO OPPOSITION IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS filed by Defendants County of Riverside, Derek Thomas. (Attachments: # 1 Declaration of Tori L.N. Bakken, # 2 Exhibit A to Tori L.N. Bakken)(Bakken, Tori) (Entered: 02/28/2022)

  97. Entry 21February 27, 2022

    STIPULATION for Leave to File First Amended Complaint filed by Plaintiffs Alma L. Figueroa De Magdaleno, Iveth Magdaleno, Juan Javier Magdaleno, Yoselin Magdaleno. (Attachments: # 1 Proposed Order)(Contreras, Christian) (Entered: 02/27/2022)

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