Case: Trujillo v. City of Ontario

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT against defendants City of Ontario, City of Ontario Police Department, DOES, Tony Del Rio, Lloyd Scharf, Brad Schneider, Joe Sifuentes(Filing fee $150.00) Jury Demanded, filed by plaintiffs Christopher Alvarez, Scott Anderson, Robert Bernhard, Mike Bors, Nicko Carcich, Rick Carroll, Ron Dupuis, Salvador Garcia, Steve Guderian, Keith Henderson, Steven Hurst, Mike Kelley, Craig Pefferle, ROES, Jim Renstrom, Fred Ruiz.(de, ) (Entered: 08/16/2004)

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Christopher Alvarez, Scott Anderson, Robert Bernhard, Mike Bors, Nicko Carcich, Rick Carroll, Ron Dupuis, Salvador Garcia, Steve Guderian, Keith Henderson, Steven Hurst, Mike Kelley, Craig Pefferle, ROES, Jim Renstrom, Fred Ruiz. (de, ) (Entered: 08/16/2004)

20 Day Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to City of Ontario, City of Ontario Police Department, DOES, Tony Del Rio, Lloyd Scharf, Brad Schneider, Joe Sifuentes. (de, )

FAX number for Attorney Dieter C Dammeier, Michael Andrew McGill is 909-985-3299. (de, )

STANDING ORDER by Judge Virginia A. Phillips,(am, ) (Entered: 08/18/2004)

FIRST AMENDED COMPLAINT against defendants City of Ontario, City of Ontario Police Department, DOES, Tony Del Rio, Lloyd Scharf, Brad Schneider, Joe Sifuentes ; Party Nicko Carcich; Rick Carroll; Ron Dupuis; Salvador Garcia; Steve Guderian; Keith Henderson; Steven Hurst; Mike Kelley; ROES; Jim Renstrom; Fred Ruiz; Christopher Alvarez and Mike Bors terminated amending Complaint - (Discovery); Demand for jury trial,filed by plaintiffs Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo, Scott Anderson, Robert Bernhard, Craig Pefferle (am, ) (Entered: 11/01/2004)

20 Day Summons Issued re Amended Complaint, 4 as to City of Ontario, City of Ontario Police Department, Tony Del Rio, Brad Schneider, Joe Sifuentes. (am, )

CERTIFICATE of Interested Parties filed by Defendants City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider. (de, ) (Entered: 12/22/2004)

ANSWER to Complaint - (Discovery) 1 with JURY DEMAND filed by defendants City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider.(de, ) (Entered: 12/22/2004)

ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips: Scheduling Conference set for 3/28/2005 01:30 PM before Honorable Virginia A. Phillips.(th) (Entered: 01/10/2005)

STIPULATION AND ORDER by Judge Virginia A. Phillips : The time for plaintiffs to file their motion for class certification is extended until 3/7/05; Defendants have until 3/21/05 to file their opposition to the motion; Plaintiffs have until 4/4/05 to file their reply if any; Scheduling Conference set for 4/11/2005 01:30 PM before Honorable Virginia A. Phillips; The motion for class certification will be heard on 4/11/05 at 10:00 a.m. or 1:30 pm. depending on the Court's schedule.(am, ) (Entered: 02/24/2005)

MEMORANDUM in Support of MOTION for Class Certification 9 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 03/08/2005)

DECLARATIONS in support of MOTION for Class Certification 9 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 03/08/2005)

NOTICE OF MOTION AND MOTION for Class Certification filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. Motion set for hearing on 4/11/2005 at 10:00 AM before Honorable Virginia A. Phillips. Lodged Proposed Order. (am, ) (Entered: 03/08/2005)

MEMORANDUM in Opposition to MOTION for Class Certification 9 filed by defendants City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 03/22/2005)

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 10 days. (am, ) (Entered: 03/29/2005)

REPLY MEMORANDUM OF POINTS AND AUTHORITIES in support of MOTION for Class Certification 9 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 04/05/2005)

DECLARATIONS in support of plaintiffs reply memorandum of points and authorities in support of MOTION for Class Certification 9 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 04/05/2005)

MINUTES OF Scheduling Conference held before Judge Virginia A. Phillips: The settlement conference shall be conducted no later than 8/31/05. The Court approves the ADR-01 Form, Settlement Procedures No 1 appear before Magistrate Judge assigned to the case. The trial schedule, motion and discovery cutoff dates will be set forth in a separate civil scheduling order to be filed and served on counsel by the clerk. (am, ) (Entered: 04/12/2005)

SCHEDULING ORDER by Judge Virginia A. Phillips: Non Expert Discovery cut-off 9/30/2005.Expert Discovery Cut-off 11/30/05; Non-discovery Motions due by 1/23/2006. Pretrial Conference set for 3/13/2006 02:00 PM before Honorable Virginia A. Phillips. Jury Trial set for 3/28/2006 08:30 AM before Honorable Virginia A. Phillips. (am, ) (Entered: 04/12/2005)

MINUTES OF Motion Hearing held before Judge Virginia A. Phillips: MOTION to Class Certification 9 . Court issues a tentative ruling, hears oral argument and takes the matter under submission. Court Reporter: Phyllis Preston. (am, ) (Entered: 04/12/2005)

ORDER by Judge Virginia A. Phillips GRANTING the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1)to Appear Before Magistrate Judge for settlement proceedings.(am, ) (Entered: 04/14/2005)

ORDER by Judge Virginia A. Phillips : granting 9 Motion for Class Certification. Della Bahan, Peter Eliasberg and Michael Lackie are appointed class counsel. Plaintiffs shall file a notice plan and lodge a proposed notice of pendency of class action no later than 4/20/05. Defendants may file any objections to the notice plan and notice of pendency of class action no later than 4/27/05.(am, ) (Entered: 04/14/2005)

PLACED IN FILE - NOT USED re proposed order lodged 3/7/05 granting motion for class certification submitted by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (mrgo, )

MEMORANDUM of Points and Authorities in Support of proposed Notice of Pendency of Class Action filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (mrgo, ) (Entered: 04/18/2005)

SETTLEMENT CONFERENCE ORDER, by Judge Stephen G. Larson. Settlement Conference set for 8/4/2005 02:30 PM before Magistrate Judge Stephen G. Larson (See document for further details). (de, ) (Entered: 04/20/2005)

PROOF OF SERVICE Executed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo, upon Joe Sifuentes served on 4/20/2005, answer due 5/10/2005. The Summons and Complaint were served by Personal service, by Federal statute, upon Jos Sifuentes. Due Dilligence declaration not attached. Original Summons not returned. (am, ) (Entered: 04/26/2005)

ANSWER to First Amended Complaint, 4 Jury Trial Demanded filed by defendant Joe Sifuentes.(am, ) (Entered: 05/10/2005)

NOTICE of Interested Parties filed by Defendant Joe Sifuentes. (am, ) (Entered: 05/10/2005)

DEMAND for Jury Trial filed by defendant Joe Sifuentes.. (am, ) (Entered: 05/10/2005)

STIPULATION AND PROTECTIVE ORDER re addresses and telephone numbers by Judge Virginia A. Phillips (am, ) (Entered: 06/03/2005)

NOTICE OF MOTION AND MOTION to Disqualify Plaintiffs' Counsel Dieter Dammeier and Michael McGill filed by defendants City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider. Motion set for hearing on 7/11/2005 at 10:00 AM before Honorable Virginia A. Phillips. (mrgo, ) (Entered: 06/20/2005)

ORDER approving form and method of notice of pendency of class action by Judge Virginia A. Phillips,(am, ) (Entered: 06/22/2005)

TRANSMITTAL of documents: Certifed copy of Order of Remand to San Bernardino County Superior Court.(am, )

EX PARTE APPLICATION to Vacate Notice of Motion and Motion to Disqualify Counsel of Record; Memorandum of points and authorities; and declarations of Michael A. McGill, Peter Eliasberg and Peter Bibring filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 06/27/2005)

NOTICE OF MOTION AND MOTION to Disqualify Counsel of Record of Lackie & Dammeier; Memorandum of points and authorities; declaration of Bruce E. Disenhouse; declaration of Sergeant Brad Schneider in support thereof filed by defendants City of Ontario, City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider. Motion set for hearing on 7/25/2005 at 10:00 AM before Honorable Virginia A. Phillips. (am, ) (Entered: 06/29/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Virginia A. Phillips: Granting plaintiffs 6/24/05 Ex aprte application to vacate defendants 6/17/05 motion to disqualify counsel. The hearing on the refiled motion is now set for 7/25/05 @ 10:00 a.m. (am, ) (Entered: 07/05/2005)

EX PARTE APPLICATION for Order to Vacate Defendants Notice of Motion and Motion to Disqualify Counsel of Record; Memorandum of points and authorities; and declaration of Michael A. McGill filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. Lodged Proposed Order. (am, ) (Entered: 07/07/2005)

OPPOSITION to EX PARTE APPLICATION to Vacate Defendants Notice of Motion and Motion to Disqualify Counsel of Record 33 ; Declaration of Bruce E. Disenhouse filed by defendants City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 07/08/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Virginia A. Phillips: EX PARTE APPLICATION for Order to Vacate Defendants Notice of Motion and Motion to Disqualify Counsel of Record 33 (am, ) (Entered: 07/11/2005)

PLACED IN FILE - NOT USED re Proposed Order granting ex parte relief and vacating defendants notice of motion and motion to disqualify cousnel of record submitted by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, )

MEMORANDUM in Opposition to MOTION to Disqualify Counsel 31 ; Declaration of Michael A. McGill, Anthony Snodgrass, Michael D. Lackie, Peter Bibring, and Peter Eliasberg in support thereof filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 07/12/2005)

REPLY to opposition to MOTION to Disqualify Counsel one of the counsel of Lackie & Dammeier 31 ; Memorandum of points and authorities; declaration of Bruce E. Disenhouse; Declaration of Sergeant Brad Schneider in support thereof filed by defendants City of Ontario Police Department, Tony Del Rio, Brad Schneider. (am, ) (Entered: 07/19/2005)

MINUTES OF Motion Hearing held before Judge Virginia A. Phillips RE: MOTION to Disqualify Counsel one of the counsel of Lackie & Dammeier 31 . Counsel shall file further briefs regarding whether defendants Motion to disqualify implicates the other law firms currently representing the plaintiffs. The briefs shall be filed no later that 7/29/05 and defendants motion to disqualify counsel of record shall stand submitted on the timely filed documents. Court Reporter: Phyllis Preston. (am, ) (Entered: 07/25/2005)

NOTICE of non-opposition filed by defendant Eliseo Sifuentes. (am, ) (Entered: 07/26/2005)

PLACED IN FILE - NOT USED re proposed order granting ex parte relief lodged 6/24/05 submitted by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (mrgo, )

SUPPLMENTAL MEMORANDUM in Opposition to MOTION to Disqualify Counsel 31 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Jeff Quon, Steven Trujillo. (am, ) (Entered: 08/01/2005)

SUPPLEMENTAL BRIEF re MOTION to Disqualify Counsel one of the counsel of Lackie & Dammeier 31 ; Memorandum of points and authorities in support thereof filed by defendants City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 08/01/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Virginia A. Phillips: GRANTING MOTION to Disqualify Counsel one of the counsel of Lackie & Dammeier 31 . Lackie & Dammeier is directed to cease all respresentation of plaintiffs and to turn over to its co-counsel all files related to the prosecution of plaintifffs action. (am, ) (Entered: 08/18/2005)

STIPULATION AND ORDER. IT IS HEREBY STIPULATED that the mandatory settlement conference may be continued to 9/20/05 at 10:00 AM in the courtroom of the Honorable Stephen G Larson. IT IS SO ORDERED, by Judge Stephen G. Larson. (de, ) (Entered: 08/22/2005)

TRANSCRIPT filed for proceedings held on 4/11/05. Court Reporter: Phyllis A. Preston. (am, ) (Entered: 08/29/2005)

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 4/11/05,re Transcript 44 : Court Reporter: Phyllis Preston (am, ) (Entered: 08/29/2005)

STIPULATION AND ORDER CONTINUING NON-EXPERT DISCOVERY CUT-OFF AND EXPERT DISCLOSURE DEADLINES. IT IS HEREBY STIPULATED AS FOLLOWS: 1. The non-expert discovery cut-off may be extended until 11/30/05. 2. The last date for hearing of discovery motions may be extended until 12/12/05. 3. October 14, 2005 will be the last day to serve all initial expert disclosures. 4. November 3, 2005 will be the last day to serve all rebuttal expert disclosures. IT IS SO ORDERED, by Judge Virginia A. Phillips. (de, ) (Entered: 09/14/2005)

MINUTES: (IN CHAMBERS) ORDER AND NOTICE RESETTING TIME FOR SETTLEMENT CONFERENCE. Counsel are notified that due to the congestion of the courts trial calendar, the settlement conference scheduled before Magistrate Judge Stephen G Larson on 9/20/05, is hereby reset from 10:00 AM to 2:30 PM, in courtroom #1 of the above-entitled court. IT IS SO ORDERED, by Judge Stephen G. Larson. Court Reporter: None. (de, ) (Entered: 09/16/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Virginia A. Phillips: Thecourt hereby ORDERS the settlement conference VACATED. Counsl are requested to consult with each other and thereafter, to contact the deputy clerk to reset the matter on the courts calendar as soon as possible. (am, ) (Entered: 09/20/2005)

NOTICE of filing of Opt-Outs to be excluded from action (Set One) filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 09/27/2005)

STIPULATION TO PERMIT FILING OF PLAINTIFFS SECOND AMENDED COMPLAINT ORDER AND SECOND AMENDED COMPLAINT. The parties hereby STIPULATE to permit the filing of the attached Second Amended Complaint. The parties further STIPULATE that by agreeing to this stipulation, Defendant Joe Sifuentes does not waive any right or claim he may have to seek costs or attorneys fees under FCRP 41(a)(2), 42 USC 1988, or any other provision of law, upon dismissal of Mr Sifuentes from this action. IT IS SO ORDERED, by Judge Virginia A. Phillips. (de, ) (Entered: 09/30/2005)

SECOND AMENDED COMPLAINT against defendants Michael Thompson, City of Ontario, City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider; Party Joe Sifuentes terminated amending Complaint - (Discovery) 1, filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo (de, ) (Entered: 09/30/2005)

ANSWER to Second Amended Complaint, 51 Demand for jury trial filed by defendants Michael Thompson, City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider.(am, ) (Entered: 10/12/2005)

NOTICE OF CLERICAL ERROR: Due to clerical error Minute Order dated 10/11/05 did not receive a docket entry number. Re: Reset Hearings (dts, ) (Entered: 10/11/2005)

AMENDED CERTIFICATION of Interested Parties filed by Defendants Michael Thompson, City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 10/12/2005)

MINUTES (In Chambers) ORDER AND NOTICE RESETTING DATE FOR SETTLEMENT CONFERENCE Counsel are notified that a Settlement Conference is hereby set for 11/1/2005 01:30 PM, in courtroom #1 before Magistrate Judge Stephen Larson.Tape #: None. (dts, )

STIPULATION AND PROTECTIVE ORDER by Judge Stephen G. Larson : re payroll and telephone records (see document for detailed information)(am, ) (Entered: 10/14/2005)

STIPULATION TO DISMISS DEFENDANT JOE SIFUENTES WITH PREJUDICE. Plaintiffs and Defendant, Joe Sifuentes, have reached a mutually acceptable agreement concerning resolution of any claims Plaintiffs alleged against Mr Sifuentes and any claims Mr Sifuentes had against Plaintiffs, accordingly, pursuant to FRCP 41(a)(ii), the parties hereby STIPULATE to dismiss Defendant Joe Sifuentes with prejudice. IT IS SO ORDERED, by Judge Virginia A. Phillips. (de, ) (Entered: 10/21/2005)

STIPULATION CONCERNING NOTICE TO UNNAMED CLASS MEMBER, KATHY JANZEN. It is hereby STIPULATED by Ms Janzen and the parties that Ms Janzen has received adequate notice of the pendency of this class action. IT IS SO ORDERED, by Judge Virginia A. Phillips. (de, ) (Entered: 10/21/2005)

STIPULATION TO EXTEND TIME FOR INITIAL EXPERT DISCLOSURES AND ORDER. The parties hereby STIPULATE as follows: 1) The cut off date for initial expert disclosures is extended through 10/28/05; and 2) The cut off date for rebuttal expert disclosures is extended through 11/17/05; and 3) After the production of the rebuttal expert disclosures, the parties will agree to produce for deposition any rebuttal expert on reasonable notice, which may be less than ten days. or on one of the following days - November 28, 29, or 30, so that both Defendants and Plaintiffs have a reasonable opportunity to depose the other sides rebuttal expert. IT IS SO ORDERED, by Judge Virginia A. Phillips. (de, ) (Entered: 10/21/2005)

ANSWER to Second Amended Complaint, 51 Demand for jury trial filed by defendants City of Ontario, City of Ontario Police Department.(am, ) (Entered: 10/19/2005)

AMENDED CERTIFICATE of Interested Parties filed by Defendants City of Ontario, City of Ontario Police Department. (am, ) (Entered: 10/19/2005)

STIPULATION AND ORDER by Judge Virginia A. Phillips: That pursuant to FRCP 30(a)(2)(A) both th defendants and plaintiffs be permitted to take up to fifteen deposition as part of fact discovery in this mattter.(am, ) (Entered: 10/20/2005)

MINUTES: SETTLEMENT CONFERENCE. A settlement conference was held. No settlement was reached. Counsel agreed to adjourn the settlement discussions for today but will continue to discuss the matter in good faith in private. The Court ORDERS counsel to file every 30 days a report on their ongoing settlement negotiations with this court, such reports shall be submitted under seal for in camera review. Counsel will contact the deputy clerk to set the matter back on calendar for further settlement discussions should counsel believe it would be fruitful. IT IS SO ORDERED, by Judge Stephen G. Larson. Court Reporter: None. (de, ) (Entered: 11/02/2005)

STIPULATION AND ORDER by Judge Virginia A. Phillips: The non-expert discovery cut-off may be extended until 12/20/05.(am, ) (Entered: 11/28/2005)

ORDER from 9th CCA. Petitioners have not demonstrated that this case warrants the intervention of this Court by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied, CCA # 05-75335. Order received in this district on 12/5/2005. (jp, ) (Entered: 12/08/2005)

NOTICE of Filing under seal of Joint Request for further mediation filed by plaintiffs (am, ) (Entered: 12/05/2005)

STIPULATION AND PROTECTIVE ORDER re Internal Affairs Log by Magistrate Judge Stephen G. Larson (see document for further information)(am, ) Modified on 12/19/2005 (am, ). Modified on 12/19/2005 (am, ). (Entered: 12/19/2005)

STIPULATION AND ORDER by Judge Virginia A. Phillips: Expert Discovery cut-off 12/15/2005. Fact Discovery cut-off 2/15/06. Date for hearing on any dispositive motions continued to 3/13/06 @ 10:00 A.M. Pretrial Conference continued for 4/10/2006 02:00 PM before Judge Virginia A. Phillips. Jury Trial continued for 4/25/2006 08:30 AM before Judge Virginia A. Phillips.(am, ) (Entered: 12/28/2005)

JOINT REPORT REGARDING PRIVATE MEDIATION filed by Plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (mrgo, ) (Entered: 01/05/2006)

NOTICE OF MOTION AND MOTION for Summary Judgment, and or MOTION for Summary Adjudication of issues; Memorandum of points and authorities in support filed by defendants Michael Thompson, City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider. Motion set for hearing on 3/13/2006 at 10:00 AM before Judge Virginia A. Phillips. Lodged Proposed Order. (am, ) Modified on 2/22/2006 (am, ). (Entered: 02/22/2006)

DECLARATION of Bruce E. Disenhouse in support of MOTION for Summary Judgment, and or MOTION for Summary Adjudication of issues 70 filed by defendants Michael Thompson, City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 02/22/2006)

SEPARATE STATEMENT of undisputed facts filed by Defendants Michael Thompson, City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider (am, ) (Entered: 02/22/2006)

NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. Motion set for hearing on 3/13/2006 at 10:00 AM before Judge Virginia A. Phillips. Lodged Proposed Statement and Order. (am, ) (Entered: 02/22/2006)

MEMORANDUM in Support of MOTION for Partial Summary Judgment 73 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 02/22/2006)

DECLARATIONS AND EXHIBITS in support of plaintiffs MOTION for Partial Summary Judgment 73 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 02/22/2006)

NOTICE of lodging deposition Transcript of Michael L. Thompson filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 02/22/2006)

STIPULATION AND ORDER by Judge Virginia A. Phillips: Extending the time of filing opposition briefs to Plaintiffs Motion for Partial Summary Judgment and Defendants Motion for Summary Judgment to 3/6/06 and the date for the hearing on the Motions to 3/20/2006 at 10:00 PM before Judge Virginia A. Phillips. Reply briefs to be filed on 3/13/06.(am, ) (Entered: 03/01/2006)

OPPOSITION to Plaintifffs MOTION for Partial Summary Judgment 73 ; Memorandum of points and authorities in support thereof; declaration of Bruce E. Disenhouse filed by defendants Michael Thompson, City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 03/06/2006)

STATEMENT of of undisputed material facts and responses to defendants statement of undisputed material facts concerning defendants MOTION for Summary Judgment 70 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 03/06/2006)

MEMORANDUM in Opposition to Defendants MOTION for Summary Judgment 70 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 03/06/2006)

DECLARATIONS in support of plaintiffs opposition to Defendants MOTION for Summary Judgment 70 filed by plaintifs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 03/06/2006)

NOTICE of lodging depositon transcripts filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 03/06/2006)

REPLY MEMORANDUM OF POINTS AND AUTHORITIES in support of Plaintiffs MOTION for Partial Summary Judgment 73 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) Modified on 3/13/2006 (am, ). (Entered: 03/13/2006)

DECLARATIONS in support of REPLY MEMORANDUM OF POINTS AND AUTHORITIES in support of Plaintiffs MOTION for Partial Summary Judgment 73 filed by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, ) (Entered: 03/13/2006)

REPLY to plaintiffs opposition to defendants MOTION for Summary Judgment 70 filed by defendants Michael Thompson, City of Ontario, City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 03/13/2006)

PLACED IN FILE - NOT USED re Amended Reply to plaintiffs opposition to defendants motion for summary judgment submitted by defendants Michael Thompson, City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, )

PLACED IN FILE - NOT USED re Corrected plaintiffs Reply Memorandum of pints and authorities in support of plaitniffs motion for partial summary judgment submitted by plaintiffs Craig Pefferle, Robert Bernhard, Scott Anderson, Craig Ansman, Will Rivera, Jeff Quon, Steven Trujillo. (am, )

ORDER by Judge Virginia A. Phillips Stricking from the record SEPARATE STATEMENT of undisputed facts 72 (am, ) (Entered: 03/17/2006)

TABLE OF CONTENTS AND TABLE OF AUTHORITIES TO AMENDED REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION for Summary Judgment 70 filed by defendants Michael Thompson, City of Ontario, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, ) (Entered: 03/17/2006)

MINUTES OF Motion Hearing held before Judge Virginia A. Phillips: RE: Defendants MOTION for Summary Judgment, and or MOTION for Summary Adjudication of issues; and Plaintiffs MOTION for Partial Summary Judgment. Court issues a tentative ruling hears oral argument and takes the matter under submission. Status Conference set for 4/7/2006 at 11:00 AM before Judge Virginia A. Phillips.Court Reporter: Phyllis Preston. (am, ) (Entered: 03/24/2006)

PLACED IN FILE - NOT USED re Stipulation to permit plaintiffs to file a corrected reply memorandum of points and authorities in support o their motion for partial summary judgment and to allow defendants to withdraw their reply brief and file a reply brief in compliance with the courts standing order submitted by defendants Michael Thompson, City of Ontario Police Department, Lloyd Scharf, Tony Del Rio, Brad Schneider. (am, )

PLACED IN FILE - NOT USED re Stipulation and Proposed Order extending dates from compliance with Local Rule 16 and resetting pretrial conference and trial date submitted by plaintiff and defendants. (am, )

ORDER by Judge Virginia A. Phillips, DENYING IN PART AND GRANTING IN PART Plaintiffs MOTION for Partial Summary Judgment 73, and Defendants MOTION for Summary Judgment 70 . Plaintiffs Motion is granted to the extent that it requests partial summary adjudication on liability against Defendant Schneider on plaintiffs 1983 claim. Plaintiffs Motion is denied as to the remaining grounds. Defendants motion is granted to the extent it request judgment on behalf of all defendants on plaintiffs state law claims. Plaintiffs motion is denied as to the remaining grounds. (am, ) (Entered: 04/04/2006)