Case: Trujillo v. City of Ontario

5:04-cv-01015 | U.S. District Court for the Central District of California

Filed Date: Aug. 13, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On August 13, 2004, employees of the Ontario Police Department filed suit against the City of Ontario, CA and the Ontario Police Department pursuant to 42 U.S.C. § 1983, the 4th Amendment, California Constitution Article 1 § 1, and the common law tort of invasion of privacy. The suit was filed in the U.S. District Court for the Central District of California, and both private counsel and the ACLU of Southern California represented the plaintiffs. Plaintiffs alleged that the Police Department's …

On August 13, 2004, employees of the Ontario Police Department filed suit against the City of Ontario, CA and the Ontario Police Department pursuant to 42 U.S.C. § 1983, the 4th Amendment, California Constitution Article 1 § 1, and the common law tort of invasion of privacy. The suit was filed in the U.S. District Court for the Central District of California, and both private counsel and the ACLU of Southern California represented the plaintiffs. Plaintiffs alleged that the Police Department's installation of a video camera in the men's locker room violated their privacy rights, and sought compensatory and punitive damages.

On April 14, 2005, the District Court (Judge Virginia Phillips) certified a class of all employees or volunteers at the Ontario Police Department who used the men's locker room during the time the video camera was installed and were recorded by the equipment. A year later, Judge Phillips ruled that the video camera installation violated the 4th amendment, and that issues of fact remained on the other two causes of action. 428 F. Supp. 2d 1094 (C.D. Cal. 2006). The defendants appealed the trial court's refusal to grant the officers qualified immunity, and the Ninth Circuit affirmed the trial court's denial of qualified immunity. 270 Fed. Appx. 518 (9th Cir. 2008). The case was set to proceed to trial.

On the morning of the scheduled first day of trial, the parties announced they had reached a settlement. On March 16, 2009 the plaintiffs moved for preliminary approval of the class action settlement; two months later, the court granted preliminary approval, pending consideration of any objections by class members.. Under the settlement Ontario paid $1.54 million to class members, and $1.21 million in attorneys' fees and costs. The settlement was "non-reversionary," meaning that even if only a few class members actually claimed the damages they were promised, Ontario was still obligated to pay the entire agreed-upon amount. On August 24, 2009, the court granted final approval of the settlement and dismissed the case with prejudice.

Summary Authors

Sharon Brett (11/20/2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5763271/parties/robert-bernhard-v-city-of-ontario/


Judge(s)
Attorney for Plaintiff

Bahan, Della (California)

Batra, Puja (District of Columbia)

Bibring, Peter (California)

Dammeier, Dieter C (California)

Attorney for Defendant

Brustowicz, Celeste (California)

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Documents in the Clearinghouse

Document

5:04-cv-01015

Docket

Oct. 10, 2009

Oct. 10, 2009

Docket
4

5:04-cv-01015

First Amended Complaint for Damages

Oct. 28, 2004

Oct. 28, 2004

Complaint
20

5:04-cv-01015

Order Granting Plaintiffs' Motion for Class Certification

April 14, 2005

April 14, 2005

Order/Opinion
92

5:04-cv-01015

Order Denying in Part and Granting in Part Plaintiffs' and Defendants' Motions for Summary Judgment

April 14, 2006

April 14, 2006

Order/Opinion

428 F.Supp.2d 428

06-56531

Order

U.S. Court of Appeals for the Ninth Circuit

March 10, 2008

March 10, 2008

Order/Opinion

269 Fed.Appx. 269

110

5:04-cv-01015

06-55736

Opinion - Affirming District Court's Denial of Immunity

U.S. Court of Appeals for the Ninth Circuit

April 7, 2008

April 7, 2008

Order/Opinion

270 Fed.Appx. 270

114

5:04-cv-01015

06-55736

Order re: interim attorneys fees

U.S. Court of Appeals for the Ninth Circuit

May 13, 2008

May 13, 2008

Order/Opinion
237-2

5:04-cv-01015

Exhibit 1 to Motion for Settlement

March 16, 2009

March 16, 2009

Settlement Agreement
237

5:05-cv-01015

Plaintiffs' Motion for Preliminary Approval of Class Action Settlement

March 16, 2009

March 16, 2009

Pleading / Motion / Brief
275

5:04-cv-01015

Order re: Joint Stipulation of Class Action Settlement and Release

May 14, 2009

May 14, 2009

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5763271/robert-bernhard-v-city-of-ontario/

Last updated Feb. 7, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

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)

Aug. 13, 2004

Aug. 13, 2004

PACER

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, )

Aug. 13, 2004

Aug. 13, 2004

PACER
2

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)

Aug. 13, 2004

Aug. 13, 2004

PACER

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

Aug. 13, 2004

Aug. 13, 2004

PACER
3

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

Aug. 16, 2004

Aug. 16, 2004

PACER
4

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)

Oct. 28, 2004

Oct. 28, 2004

Clearinghouse

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, )

Oct. 28, 2004

Oct. 28, 2004

PACER
5

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

Dec. 17, 2004

Dec. 17, 2004

PACER
6

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)

Dec. 17, 2004

Dec. 17, 2004

PACER
7

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)

Jan. 6, 2005

Jan. 6, 2005

PACER
8

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)

Feb. 23, 2005

Feb. 23, 2005

PACER
9

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)

March 7, 2005

March 7, 2005

PACER
10

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)

March 7, 2005

March 7, 2005

PACER
11

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)

March 7, 2005

March 7, 2005

PACER
12

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)

March 21, 2005

March 21, 2005

PACER
13

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

March 28, 2005

March 28, 2005

PACER
14

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)

April 4, 2005

April 4, 2005

PACER
15

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)

April 4, 2005

April 4, 2005

PACER
16

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)

April 11, 2005

April 11, 2005

PACER
17

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)

April 11, 2005

April 11, 2005

PACER
18

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)

April 11, 2005

April 11, 2005

PACER
19

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)

April 13, 2005

April 13, 2005

PACER
20

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)

April 14, 2005

April 14, 2005

Clearinghouse

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, )

April 14, 2005

April 14, 2005

PACER
21

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)

April 15, 2005

April 15, 2005

PACER
22

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)

April 20, 2005

April 20, 2005

PACER
23

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)

April 25, 2005

April 25, 2005

PACER
24

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

May 9, 2005

May 9, 2005

PACER
25

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

May 9, 2005

May 9, 2005

PACER
26

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

May 9, 2005

May 9, 2005

PACER
27

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

June 1, 2005

June 1, 2005

PACER
28

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)

June 17, 2005

June 17, 2005

PACER
29

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

June 21, 2005

June 21, 2005

PACER

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

June 22, 2005

June 22, 2005

PACER
30

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)

June 24, 2005

June 24, 2005

PACER
31

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)

June 28, 2005

June 28, 2005

PACER
32

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)

July 1, 2005

July 1, 2005

PACER
33

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)

July 6, 2005

July 6, 2005

PACER
34

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)

July 7, 2005

July 7, 2005

PACER
35

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)

July 8, 2005

July 8, 2005

PACER

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, )

July 8, 2005

July 8, 2005

PACER
36

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)

July 11, 2005

July 11, 2005

PACER
37

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)

July 18, 2005

July 18, 2005

PACER
38

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)

July 25, 2005

July 25, 2005

PACER
39

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

July 26, 2005

July 26, 2005

PACER

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, )

July 26, 2005

July 26, 2005

PACER
40

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)

July 29, 2005

July 29, 2005

PACER
41

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)

July 29, 2005

July 29, 2005

PACER
42

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)

Aug. 17, 2005

Aug. 17, 2005

PACER
43

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)

Aug. 18, 2005

Aug. 18, 2005

PACER
44

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

Aug. 26, 2005

Aug. 26, 2005

PACER
45

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)

Aug. 26, 2005

Aug. 26, 2005

PACER
46

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)

Sept. 13, 2005

Sept. 13, 2005

PACER
47

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)

Sept. 15, 2005

Sept. 15, 2005

PACER
48

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)

Sept. 19, 2005

Sept. 19, 2005

PACER
49

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)

Sept. 26, 2005

Sept. 26, 2005

PACER
50

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)

Sept. 29, 2005

Sept. 29, 2005

PACER
51

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)

Sept. 29, 2005

Sept. 29, 2005

PACER
53

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)

Oct. 7, 2005

Oct. 7, 2005

PACER

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, )

Oct. 11, 2005

Oct. 11, 2005

PACER
52

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)

Oct. 11, 2005

Oct. 11, 2005

PACER
54

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)

Oct. 11, 2005

Oct. 11, 2005

PACER
55

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

Oct. 13, 2005

Oct. 13, 2005

PACER
59

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)

Oct. 17, 2005

Oct. 17, 2005

PACER
60

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)

Oct. 17, 2005

Oct. 17, 2005

PACER
61

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)

Oct. 17, 2005

Oct. 17, 2005

PACER
56

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)

Oct. 18, 2005

Oct. 18, 2005

PACER
57

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

Oct. 18, 2005

Oct. 18, 2005

PACER
58

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)

Oct. 19, 2005

Oct. 19, 2005

PACER
62

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)

Nov. 1, 2005

Nov. 1, 2005

PACER
63

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)

Nov. 23, 2005

Nov. 23, 2005

PACER
66

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)

Dec. 1, 2005

Dec. 1, 2005

PACER
64

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

Dec. 2, 2005

Dec. 2, 2005

PACER
67

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)

Dec. 16, 2005

Dec. 16, 2005

PACER
68

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)

Dec. 27, 2005

Dec. 27, 2005

PACER
69

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)

Jan. 4, 2006

Jan. 4, 2006

PACER
70

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)

Feb. 21, 2006

Feb. 21, 2006

PACER
71

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)

Feb. 21, 2006

Feb. 21, 2006

PACER
72

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)

Feb. 21, 2006

Feb. 21, 2006

PACER
73

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)

Feb. 21, 2006

Feb. 21, 2006

PACER
74

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)

Feb. 21, 2006

Feb. 21, 2006

PACER
75

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)

Feb. 21, 2006

Feb. 21, 2006

PACER
76

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)

Feb. 21, 2006

Feb. 21, 2006

PACER
77

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)

Feb. 27, 2006

Feb. 27, 2006

PACER
78

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)

March 6, 2006

March 6, 2006

PACER
79

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)

March 6, 2006

March 6, 2006

PACER
80

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)

March 6, 2006

March 6, 2006

PACER
81

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)

March 6, 2006

March 6, 2006

PACER
82

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)

March 6, 2006

March 6, 2006

PACER
83

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)

March 13, 2006

March 13, 2006

PACER
84

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)

March 13, 2006

March 13, 2006

PACER
85

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)

March 13, 2006

March 13, 2006

PACER

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, )

March 15, 2006

March 15, 2006

PACER

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, )

March 15, 2006

March 15, 2006

PACER
86

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

March 16, 2006

March 16, 2006

PACER
87

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)

March 16, 2006

March 16, 2006

PACER
88

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)

March 20, 2006

March 20, 2006

PACER

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, )

March 21, 2006

March 21, 2006

PACER

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, )

March 22, 2006

March 22, 2006

PACER
89

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)

March 30, 2006

March 30, 2006

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 13, 2004

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees of City of Ontario Police Department

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Hadsell, Stormer & Renick

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Ontario (Ontario, San Bernardino), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 0