Case: Gordon v. City of Moreno

5:09-cv-00688 | U.S. District Court for the Central District of California

Filed Date: April 8, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On April 8, 2009, a group of African American barbers and barbershop owners filed a lawsuit under 42 U.S.C. §1983 and the Declaratory Judgment Act, 28 U.S.C. §§ 2201(a) & 2202 in the United States District Court for the Central District of California, Eastern Division- Riverside. The plaintiffs, represented by lawyers from the ACLU-Foundation of Southern California, asked the court for declaratory, injunctive and other appropriate relief, claiming that the Defendantshad conducted racially moti…

On April 8, 2009, a group of African American barbers and barbershop owners filed a lawsuit under 42 U.S.C. §1983 and the Declaratory Judgment Act, 28 U.S.C. §§ 2201(a) & 2202 in the United States District Court for the Central District of California, Eastern Division- Riverside. The plaintiffs, represented by lawyers from the ACLU-Foundation of Southern California, asked the court for declaratory, injunctive and other appropriate relief, claiming that the Defendantshad conducted racially motivated searches of their barbershops without warrants, constituting violations of their right to Equal Protection and their federal and state constitutional right to be free from unreasonable search and seizures.

Specifically, the plaintiffs claimed that the City and its Police Department had conducted racially motivated searches of their barbershops under the false pretext that the searches were a part of the State Cosmetology Board's health code inspection enforcement program. The plaintiffs alleged that armed police officers entered their barbershops without a warrant and conducted extensive searches of the premises unrelated to any potential code or health violations. While inspectors from the State Board of Barbering and Cosmetology accompanied the police officers, the Plaintiffs allege that the police officer's conduct during the searches was more like a narcotics raid than that of a civil code inspection. More specifically, the police officers blocked the front and back entrances of the shops and detained anyone who protested against the searches.

On a motion to dismiss, the district court dismissed the equal protection claim against the individual Code Enforcement and Board inspectors for a failure to state a claim that they had conducted the "raids" with discriminatory intent. However, the district court denied the motion to dismiss as to all of the other claims.

Soon after, the Plaintiffs began to settle their claims with the defendants. In a stipulation with the Director of the State Board of Barbering and Cosmetology, the Board agreed to change its policies regarding code enforcement. Specifically, the Board agreed to include in its Inspector Manual clarifications regarding its Anti-Discrimination Policy in Enforcement Actions and a statement of its policy regarding joint inspections with outside agencies. The statement regarding joint inspections with outside agencies affirmed that the Board would not provide outside law enforcement agencies with a pretext for achieving any law enforcement purpose other than code enforcement. Furthermore, the joint inspection policy reaffirmed that the participation of board inspectors would not be used to justify warrantless searches of regulated premises by other law enforcement agencies. Additionally the board agreed to expand the anti-discrimination training it gives to its code enforcement inspectors. Lastly, the board agreed to pay $62,910.30 in attorney's fees and costs.

The county defendants agreed to pay $32,500 in damages and $66,500 in costs and attorneys' fees. Furthermore, the county agreed to send its supervisory law enforcement staff to the Museum of Tolerance's "Tools for Tolerance for Law Enforcement and Criminal Justice" program. Moreover, the county sheriff's department agreed to send its supervisors to meet with members of the Los Angeles Police Department to discuss its procedures for biased policing complaint investigations and adjudications.

The court retained jurisdiction for three years to ensure that the settlement is enforced.

Summary Authors

Justin Benson (5/23/2011)

People


Judge(s)

Larson, Stephen G. (California)

Segal, Suzanne H. (California)

Zouhary, Jack (Ohio)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Eliasberg, Peter J. (California)

Puri, Rishi (California)

Rosenbaum, Mark Dale (California)

Shartin, Stacy D (California)

Attorneys(s) for Defendant

Bell, Michael A. (California)

Brown, Michael Anthony (California)

Judge(s)

Larson, Stephen G. (California)

Segal, Suzanne H. (California)

Zouhary, Jack (Ohio)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Eliasberg, Peter J. (California)

Puri, Rishi (California)

Rosenbaum, Mark Dale (California)

Shartin, Stacy D (California)

Attorneys(s) for Defendant

Bell, Michael A. (California)

Brown, Michael Anthony (California)

Buess, William Alan (California)

Coates, Timothy Towery (California)

De Kervor, Diane Elisabeth (California)

Hansen, Robert Leory (California)

Herrick, Robert Dakin (California)

Ledakis, James M (California)

Lockwood, Christopher D (California)

Porter, John M (California)

Wolfe, Richard Frederick (California)

Documents in the Clearinghouse

Document

5:09-cv-00688

Docket (PACER)

Gordon v. City of Moreno Valley

Feb. 7, 2011

Feb. 7, 2011

Docket
22

5:09-cv-00688

Defendant Underwood's Memorandum of Points and Authorities in Support of Motion to Dismiss First Amended Complaint

Gordon v. City of Moreno Valley

May 11, 2009

May 11, 2009

Pleading / Motion / Brief
15

5:09-cv-00688

First Amended Complaint

Gordon v. City of Moreno Valley

May 22, 2009

May 22, 2009

Complaint
16

5:09-cv-00688

Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities

Gordon v. City of Moreno Valley

June 5, 2009

June 5, 2009

Pleading / Motion / Brief
21

5:09-cv-00688

Notice of Motion and Motion to Dismiss First Amended Complaint

Gordon v. City of Moreno Valley

June 11, 2009

June 11, 2009

Notice Letter
54

5:09-cv-00688

Motion of [Code Enforcement Officer] Defendants to Dismiss First Amended Complaint Under FRCP 12(b)(6)

Gordon v. City of Moreno Valley

2009 WL 4308213

July 6, 2009

July 6, 2009

Pleading / Motion / Brief
60

5:09-cv-00688

Plaintiffs' Opposition to Motion of [Code Enforcement Officers] to Dismiss First Amended Complaint

Gordon v. City of Moreno Valley

2009 WL 4308214

Aug. 3, 2009

Aug. 3, 2009

Pleading / Motion / Brief
65

5:09-cv-00688

Reply of [Code Enforcement Officer] Defendants in Support of Their Motion to Dismiss First Amended Complaint under FRCP 12(b)(6)

Gordon v. City of Moreno Valley

2009 WL 4308215

Aug. 10, 2009

Aug. 10, 2009

Pleading / Motion / Brief
75

5:09-cv-00688

Order Granting Defendants' Motion to Dismiss but with Leave to Amend; Order Denying Defendants' Motion to Dismiss; Order Holding in Abeyance Ruling on Defendants' Motion to Dismiss Pending Completion of Jurisdictional Discovery

Gordon v. City of Moreno Valley

687 F.Supp.2d 930

Aug. 31, 2009

Aug. 31, 2009

Order/Opinion
81-2

5:09-cv-00688

Settlement and General Release Agreement

Dec. 17, 2009

Dec. 17, 2009

Settlement Agreement

Resources

Docket

Last updated July 24, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants City of Moreno Valley, Rick Hall, Kristy Underwood, Stan Sniff, Does.(Filing fee $ 350) Jury demanded., filed by plaintiffs Raymond Barnes, Kevon Gordon, Ronald Jones.(mrgo) (Additional attachment(s) added on 4/9/2009: # 1 Civil Cover Sheet, # 2 Summons, # 3 CV−18) (mrgo). (Entered: 04/09/2009)

April 8, 2009

April 8, 2009

20 DAY Summons Issued re Complaint − (Discovery) 1 as to defendants City of Moreno Valley, Rick Hall, Kristy Underwood, Stan Sniff, Does. (mrgo) (Entered: 04/09/2009)

April 8, 2009

April 8, 2009

2

NOTICE of Interested Parties filed by plaintiffs Raymond Barnes, Kevon Gordon, Ronald Jones, (mrgo) (mrgo). (Entered: 04/09/2009)

April 8, 2009

April 8, 2009

3

STANDING ORDER by Judge Stephen G. Larson, READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (am) (Entered: 04/15/2009)

April 14, 2009

April 14, 2009

4

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon Rick Hall served on 4/13/2009, answer due 5/3/2009. The Summons and Complaint were served by Personal service, by FRCP rule 4 statute, upon Rocio Foster, Subpoena Clerk. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

5

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon City of Moreno Valley served on 4/13/2009, answer due 5/3/2009. The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Meg Itagaki, Sr. Office Assistant. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

6

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon Stan Sniff served on 4/13/2009, answer due 5/3/2009. The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Lester Harvey. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

7

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon Moreno Valley Police Department The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Rocio Foster, Subpoena Clerk. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

8

PROOF OF SERVICE Executed Raymond Barnes, Kevon Gordon, Ronald Jones, upon Kristy Underwood served on 4/10/2009, answer due 4/30/2009. The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Teresa Rieker, Assistant to Kristy Underwood. Due Dilligence declaration No. Original Summons Not Returned. (Bibring, Peter) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

9

NOTICE of Appearance filed by attorney Diane Elisabeth De Kervor on behalf of Defendant Kristy Underwood (De Kervor, Diane) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

10

STIPULATION for Extension of Time to File Answer, FIRST STIPULATION Extending Time to Answer the complaint as to Kristy Underwood answer now due 5/26/2009, filed by Defendant Kristy Underwood.(De Kervor, Diane) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

11

NOTICE of Appearance filed by attorney Christopher D Lockwood on behalf of Defendants Rick Hall, Stan Sniff (Lockwood, Christopher) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

12

NOTICE of Appearance filed by attorney Michael A Bell on behalf of Defendant City of Moreno Valley (Bell, Michael) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

13

FIRST STIPULATION Extending Time to Answer the complaint as to City of Moreno Valley answer now due 5/26/2009, filed by Defendant City of Moreno Valley.(Bell, Michael) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

15

FIRST AMENDED COMPLAINT against defendants County of Riverside, Tony Heisterberg, Dennis Longdyke, Lori Miller, Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson, Joe Brown, Xochi Carmargo, Arlene Bauby, Quincy Brown. Amending Complaint − (Discovery), Complaint − (Discovery) 1 , filed by plaintiffs Quincy Brown, Raymond Barnes, Kevon Gordon, and Ronald Jones. (gg) (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

16

NOTICE OF MOTION AND MOTION to Dismiss first amended complaint filed by defendants Rick Hall, Stan Sniff, County of Riverside. Motion set for hearing on 7/6/2009 at 10:00 AM before Judge Stephen G. Larson. (Lockwood, Christopher) (Entered: 06/05/2009)

June 5, 2009

June 5, 2009

17

ANSWER to Amended Complaint, 15 filed by Defendant City of Moreno Valley.(Bell, Michael) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

18

NOTICE of Interested Parties filed by Defendant City of Moreno Valley, (Bell, Michael) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

19

NOTICE of interested parties filed by defendants Rick Hall, Stan Sniff, County of Riverside. (Lockwood, Christopher) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

20

NOTICE of Change of Attorney Information for attorney Rishi Puri counsel for Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. Changing Address to 2029 Century Park East, Suite 3500. Filed by Co−Counsel for Plaintiffs Rishi Puri (Puri, Rishi) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

21

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Kristy Underwood. Motion set for hearing on 7/13/2009 at 10:00 AM before Judge Stephen G. Larson. (Attachments: # 1 Proposed Order)(De Kervor, Diane) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

22

MEMORANDUM in Support of MOTION to Dismiss First Amended Complaint 21 filed by Defendant Kristy Underwood. (De Kervor, Diane) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

23

Notice of Interested Parties filed by Defendant Kristy Underwood, (De Kervor, Diane) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

24

CERTIFICATE OF SERVICE filed by Defendant Kristy Underwood, re Memorandum in Support of Motion 22 , MOTION to Dismiss First Amended Complaint 21 , Certificate/Notice of Interested Parties 23 served on 06/11/09. (De Kervor, Diane) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

25

ANSWER to Amended Complaint, 15 JURY DEMAND. filed by Defendant Kristy Underwood.(De Kervor, Diane) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

26

CERTIFICATE OF SERVICE filed by Defendant Kristy Underwood, re Answer to Complaint 25 served on 06/11/09. (De Kervor, Diane) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

27

JOINDER in MOTION to Dismiss First Amended Complaint 21 filed by Defendants Rick Hall, Stan Sniff, County of Riverside. (Lockwood, Christopher) (Entered: 06/11/2009)

June 11, 2009

June 11, 2009

28

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title pae is missing. RE: Proof of Service (subsequent documents) 24 , Proof of Service (subsequent documents) 26 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (am) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

29

SCHEDULING MEETING OF COUNSEL, ORDER Pursuant to FRCP 16,26(f) by Judge Stephen G. Larson: Scheduling Conference set for 8/31/2009 01:30 PM. (ad) (Entered: 06/18/2009)

June 17, 2009

June 17, 2009

31

STIPULATION to Continue motion to dismiss from 7/6/09 to 7/13/09 Re: MOTION to Dismiss first amended complaint 16 filed by defendants Rick Hall, Stan Sniff, County of Riverside. (Attachments: # 1 Proposed Order)(Lockwood, Christopher) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

32

ANSWER to Amended Complaint, 15 filed by defendants Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson.(Lockwood, Christopher) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

33

JOINDER in MOTION to Dismiss First Amended Complaint 21 filed by Defendants Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson. (Lockwood, Christopher) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

34

OPPOSITION OPPOSITION re: MOTION to Dismiss First Amended Complaint 21 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Puri, Rishi) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

35

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, upon County of Riverside served on 6/12/2009, answer due 7/2/2009. The Summons and Complaint were served by Personal Service service, by FRCP Rule 4 statute, upon Maria Vasquez, City Clerk. Due Dilligence declaration No. Original Summons not returned with POS. (Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

36

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Eric Brewer served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration yes. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

37

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Dennis Longdyke served on 6/15/2009, answer due 7/5/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Jane Halsted, City Clerk. Due Dilligence declaration yes. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

38

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Lori Miller served on 6/15/2009, answer due 7/5/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Jane Halsted, City Clerk. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

39

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Richard Hutson served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by substituted service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

40

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Christopher Gastinger served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

41

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Mario Herrera served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

42

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Anthony Johnson served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

43

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Robert Duckett served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

44

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Seth Harnett served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

45

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 7.1−1 No Certification of Interested Parties and/or no copies RE: Answer to Complaint 32 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (am) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

46

OPPOSITION to MOTION to Dismiss first amended complaint 16 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Bibring, Peter) (Entered: 06/24/2009)

June 24, 2009

June 24, 2009

47

Notice of Interested Parties filed by defendants Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson, (Lockwood, Christopher) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

48

ORDER by Judge Stephen G. Larson, Re MOTION to Dismiss by Defendants Sniff and Hall 21 : it is ordered that the motion to dismiss filed by defendants Sniff and Hall is continued to 8/10/2009 at 10:00 AM. It is further ordered that the briefing schedule for the motion is: Plaintiffs will file their opposition to the Motion to Dismiss by June 24, 2009. Defendants Sniff and Hall will file their reply to plaintiffs' opposition by July 2, 2009. (ad) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

49

REPLY in support of MOTION to Dismiss first amended complaint 16 filed by Defendants Rick Hall, Stan Sniff, County of Riverside. (Lockwood, Christopher) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

50

REPLY in support of MOTION to Dismiss First Amended Complaint 21 filed by Defendant Kristy Underwood. (De Kervor, Diane) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

51

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS and ORDER by Clerk of Court. The document is accepted as filed RE: Answer to Complaint 32 . (mrgo) (Entered: 07/06/2009)

July 2, 2009

July 2, 2009

52

NOTICE of Appearance filed by attorney Michael Anthony Brown on behalf of Defendants Dennis Longdyke, Lori Miller (Brown, Michael) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

53

Notice of Interested Parties filed by Defendants Dennis Longdyke, Lori Miller, identifying City of Moreno Valley. (Brown, Michael) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

54

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Dennis Longdyke, Lori Miller. Motion set for hearing on 8/17/2009 at 10:00 AM before Judge Stephen G. Larson. (Brown, Michael) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

56

MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson re: MOTION to Dismiss First Amended Complaint 21 , and MOTION to Dismiss first amended complaint 16 . In the interest of judicial economy, the above−mentioned motions are continued to August 17, 2009, at 10:00 a.m.( Motion set for hearing on 8/17/2009 at 10:00 AM before Judge Stephen G. Larson.) (mrgo) (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

57

WAIVER OF SERVICE Returned Executed filed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. upon Joe Brown waiver sent by Plaintiff on 6/9/2009, answer due 8/8/2009. Waiver of Service signed by Richard Wolfe. (Bibring, Peter) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

58

WAIVER OF SERVICE Returned Executed filed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. upon Xochi Carmargo waiver sent by Plaintiff on 6/9/2009, answer due 8/8/2009. Waiver of Service signed by Richard Wolfe. (Bibring, Peter) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

59

WAIVER OF SERVICE Returned Executed filed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. upon Arlene Bauby waiver sent by Plaintiff on 6/9/2009, answer due 8/8/2009. Waiver of Service signed by Richard Wolfe. (Bibring, Peter) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

60

Opposition Opposition re: MOTION to Dismiss First Amended Complaint 54 By Longdyke and Miller filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Bibring, Peter) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

61

ANSWER to Amended Complaint, 15 Answer to First Amended Complaint, and Demand for Jury filed by Defendants Joe Brown, Xochi Carmargo, Arlene Bauby.(Wolfe, Richard) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

62

JOINDER in MOTION to Dismiss First Amended Complaint 21 Joinder of Defendants Brown, Camargo, and Bauby in Defendant Underwood's Motion to Dismiss First Amended Complaint filed by Defendants Joe Brown, Xochi Carmargo, Arlene Bauby. (Wolfe, Richard) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

63

NOTICE filed by Defendants Joe Brown, Xochi Carmargo, Arlene Bauby. Notice of Interested Parties (Wolfe, Richard) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

64

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is NOTICES/Certificate of Interested Parties. RE: Notice (Other) 63 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (am) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

65

REPLY in support of MOTION to Dismiss First Amended Complaint 54 filed by Defendants Dennis Longdyke, Lori Miller. (Brown, Michael) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

66

NOTICE of Appearance filed by attorney Michael A Bell on behalf of Defendant Tony Heisterberg (Bell, Michael) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

67

STIPULATION for Joinder in MOTION to Dismiss First Amended Complaint 54 filed by defendant Tony Heisterberg. (Attachments: # 1 Proposed Order)(Bell, Michael) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

68

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS and ORDER by Clerk of Court. The document is accepted as filed RE: Notice (Other) 63 . (mrgo) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

69

NOTICE of Change of Attorney Information for attorney William A Buess counsel for Defendant Kristy Underwood. Adding William A. Buess as attorney as counsel of record for Kristy Underwood for the reason indicated in the G−06 Notice. Filed by Defendant Kristy Underwood (Buess, William) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

73

MINUTES OF Motion Hearing held before Judge Stephen G. Larson RE: MOTION to Dismiss First Amended Complaint 21 , MOTION to Dismiss First Amended Complaint 54 , and MOTION to Dismiss first amended complaint 16 . Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (mrgo) (Entered: 08/20/2009)

Aug. 17, 2009

Aug. 17, 2009

71

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Tony Heisterberg served on 8/6/2009, answer due 8/26/2009. The Summons and Complaint were served by Substituted service, by FRCP Rule 4 statute, upon Tim Heisterberg. Due Dilligence declaration is attached. Original Summons not returned. (Attachments: # 1 Exhibit Proof of Mail Service, # 2 Affidavit Reasonable Diligence)(Bibring, Peter) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

72

ORDER PERMITTING DEFENDANT TONY HEISTERBERG TO JOIN IN THE MOTION OF DEFENDANTS DENNIS LONGDYKE AND LORI MILLER TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) by Judge Stephen G. Larson, re Stipulation for Joinder 67 . IT IS ORDERED that defendant TONY HEISTERBERG may join in the pending motion of defendants DENNIS LONGDYKE (LONGDYKE) and LORI MILLER (MILLER) to dismiss plaintiffs First Amended Complaint (FAC) as his responsive pleading to the FAC by filing a Notice of Joinder of said motion. IT IS HEREBY FURTHER ORDERED that neither plaintiffs nor defendant TONY HEISTERBERG may file any additional papers in favor of, or in opposition to, the pending motion to dismiss filed by LONGDYKE and MILLER. (mrgo) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

74

JOINDER in MOTION to Dismiss First Amended Complaint 54 filed by Defendants City of Moreno Valley, Tony Heisterberg, Dennis Longdyke, Lori Miller. (Bell, Michael) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

75

ORDER by Judge Stephen G. Larson: denying defendant's 21 Motion to Dismiss ; granting defendant's 54 Motion to Dismiss but with leave to amend; holding in abeyance ruling on defendant's 16 Motion to Dismiss pending completion of jurisdictional discovery. Plaintiffs are afforded leave to amend their complaint within the next thirty (30) days. (See document for further specifics) (mrgo) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

76

MINUTES OF Scheduling Conference not held before Judge Stephen G. Larson. Court and counsel meet and confer regarding status of the case. Court clarifies its order of August 31, 2009, stating that counsel should focus on discovery related to the jurisdictional issue; however, nothing in the Courts order should be taken to suggest that it excludes other areas of discovery to the extent that judicial or litigation economy would not be served.Court Reporter: Theresa Lanza. (mrgo) (Entered: 09/04/2009)

Aug. 31, 2009

Aug. 31, 2009

77

TRANSCRIPT for proceedings held on Monday, August 31, 2009; 1:53 PM. Court Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/25/2009. Redacted Transcript Deadline set for 12/5/2009. Release of Transcript Restriction set for 2/2/2010. (Lanza, Theresa) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

78

NOTICE OF FILING TRANSCRIPT filed for proceedings Monday, August 31, 2009; 1:53 PM (Lanza, Theresa) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

79

Joint STIPULATION to Extend Discovery Cut−Off Date to 01/22/2010 filed by Plaintiff Raymond Barnes, City of Moreno Valley, Kevon Gordon, Rick Hall, Kristy Underwood, Stan Sniff, Does, Quincy Brown, County of Riverside, Tony Heisterberg, Dennis Longdyke, Lori Miller, Seth Harnett, Robert Duckett, Mario Herrera, Ronald Jones, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson, Joe Brown, Xochi Carmargo, Arlene Bauby. (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

80

ORDER by Judge Justin L. Quackenbush, re Stipulation to Extend Discovery Cut−Off Date, 79 . ( Jurisdictional Discovery cut−off extended to 1/22/2010.) (mrgo) (Entered: 11/17/2009)

Nov. 16, 2009

Nov. 16, 2009

81

STIPULATION to Dismiss Defendant Kristy Underwood filed by Plaintiff Raymond Barnes, Kevon Gordon, Kristy Underwood, Quincy Brown, Ronald Jones. (Attachments: # 1 Exhibit Settlement, # 2 Proposed Order)(Bibring, Peter) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

82

ORDER by Judge Virginia A. Phillips, re Stipulation to Dismiss Party 81 . This Court ORDERS that all plaintiffs' claims against defendant Kristy Underwood be dismissed with prejudice. (mrgo) (Entered: 12/21/2009)

Dec. 18, 2009

Dec. 18, 2009

83

NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke filed by DEFENDANTS Tony Heisterberg, Dennis Longdyke, Lori Miller. Motion set for hearing on 1/25/2010 at 10:00 AM before Judge Stephen G. Larson. (Attachments: # 1 Declaration of Michael Bell, # 2 Exhibit A and B, # 3 Exhibit C thru E, # 4 Exhibit F thru O, # 5 Proposed Order)(Bell, Michael) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

84

STIPULATION to Continue Hearing Date on Defendant's Motion to Dismiss from 1/25/2010 to 2/1/2010 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

85

ORDER by Judge Virginia A. Phillips CONTINUING the MOTION of Defendants Heitserberg, Longyke and Miller to Dismiss Plaintiff's First Cause of Action Pursuant to FRCP 41(b) 83 : the hearing on the Motion is continued to 2/1/2010 at 10:00 AM. Plaintiffs' brief in opposition will be due Monday 1/11/2010 and defendants' reply brief will be due Tuesday 1/9/2010. IT IS SO ORDERED. (ad) (Entered: 01/06/2010)

Jan. 4, 2010

Jan. 4, 2010

86

MINUTES OF IN CHAMBERS ORDER RE: MOTION HEARING held before Judge Audrey B. Collins re: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 . The motion hearing set for January 25, 2010, at 10:00 a.m., is vacated pending reassignment and parties will be notified. Counsel are directed to follow filing procedures indicated in the existing Standing Order issued in your case until you receive notification of reassignment. (mrgo) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

87

Opposition re: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Attachments: # 1 Declaration)(Bibring, Peter) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

88

EX PARTE APPLICATION for Protective Order for Precluding Plaintiffs from Deposing City of Moreno Valley Council Member William Batey filed by Defendants City of Moreno Valley, Tony Heisterberg, Dennis Longdyke, Lori Miller. (Attachments: # 1 Exhibit A through B, # 2 Exhibit C thru K, # 3 Proposed Order)(Bell, Michael) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

90

ORDER OF THE CHIEF JUDGE (#10−007) approved by Judge Audrey B. Collins. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following case be reassigned from the calendar of Judge Stephen G. Larson to the calendar of Judge Jack Zouhary for all further proceedings. The case number will now reflect the initials of the transferee Judge EDCV 09−688 JZ (SSx). (mrgo) (Entered: 01/15/2010)

Jan. 14, 2010

Jan. 14, 2010

89

MEMORANDUM in Opposition to EX PARTE APPLICATION for Protective Order for Precluding Plaintiffs from Deposing City of Moreno Valley Council Member William Batey 88 filed by Plaintiffs Raymond Barnes, Kevon Gordon,

Jan. 15, 2010

Jan. 15, 2010

92

MINUTES OF IN CHAMBERS ORDER RE: ASSIGNMENT OF CASE held before Judge Jack Zouhary: This action has been reassigned to the HONORABLE JACK ZOUHARY, District Judge, Sitting by Designation. Please substitute the initials JZ in place of the initials SGL. The case number will now read: EDCV 09−00688−JZ. As documents are routed using the judges initials, it is important to use the correct initials on all subsequent filings. Judge Zouhary's Courtroom Deputy Clerk, Carol Bethel, can be reached at (419) 213−5679 or (419) 213−5675. (mrgo) (Entered: 01/19/2010)

Jan. 15, 2010

Jan. 15, 2010

93

REPLY In Support Of MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 filed by Defendants Tony Heisterberg, Dennis Longdyke, Lori Miller. (Brown, Michael) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

94

MEMORANDUM AND ORDER by Magistrate Judge Suzanne H. Segal DENYING CITY OF MORENO VALLEY'S EX PARTE APPLICATION FOR PROTECTIVE ORDER PRECLUDING THE DEPOSITION OF FORMER MAYOR WILLIAM H. BATEY, II (see Order for specifics). (dhl) Modified on 1/19/2010 (dhl). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

95

OPPOSITION OPPOSITION re: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 Supplemental Declaration of Rishi Puri filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Puri, Rishi) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

96

ORDER by Judge Jack Zouhary: The Court will hold a Status Phone Conference on Wednesday, March 31, 2010 at 11:30 a.m. PDT (2:30 p.m. EDT). During that conference, the Court shall rule on pending Motions; and counsel should be prepared to discuss the status of discovery and to set a firm case schedule, including a trial date. Counsel are instructed to call Chambers at (419) 213−5675 to obtain the call−in number and advise who will be attending the conference. (am) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

97

STATUS REPORT JOINT filed by Plaintiff Kevon Gordon. (Shartin, Stacy) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

98

MINUTES OF Motion Hearing held before Judge Jack Zouhary RE: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 , and MOTION to Dismiss first amended complaint 16 . Defendants Motion to Dismiss (Doc. No. 16) is denied without prejudice. Defendants Motion to Dismiss pursuant to Rule 41(b) (Doc. No. 83) is denied. Defendants Heisterberg, Longdyke, and Miller shall file Answers to the First Amended Complaint within ten (10) days. Upon agreement of the parties, Defendant Christopher Gastinger is dismissed from the case. If appropriate, parties shall stipulate to a replacement Defendant.Court Reporter: None. (mrgo) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

99

ANSWER to Amended Complaint, 15 filed by defendant Tony Heisterberg, Dennis Longdyke, Lori Miller.(Bell, Michael) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

100

ORDER by Judge Jack Zouhary: The Court has set a Settlement Conference for Thursday, June 3, 2010 at 10:30 a.m. (PDT) in Courtroom 1, United States District Court, George E. Brown, Jr. United States Courthouse, 3470 Twelfth Street, 2nd Floor, Riverside, California 92501−3801. Lead Counsel and Parties, or a representative with full authority to negotiate and settle, are to appear in person. Further, each party shall submit an ex parte letter summarizing the settlement position to the Judge Zouharys Chambers by fax (419−213−5680) no later than Friday, May 28, 2010. (am) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

105

MINUTES OF Settlement Conference held before Judge Jack Zouhary: Settlement Conference held on June 3, 2010. Progress made. With consent of all parties, the Court will conduct followup efforts over the next few weeks. In the interim, further discovery is stayed pending the outcome of these discussions. (am) (Entered: 06/11/2010)

June 3, 2010

June 3, 2010

102

STIPULATION for Settlement filed by Plaintiffs Raymond Barnes, Quincy Brown, Kevon Gordon, Ronald Jones. (Attachments: # 1 Exhibit Signed Release, # 2 Proposed Order)(Bibring, Peter) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

103

RESPONSE filed by Defendant County of Riversideto Stipulation for Settlement 102 and proposed order (Lockwood, Christopher) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

104

RESPONSE IN SUPPORT OF STIPULATION AND PROPOSED ORDER RE SETTLEMENT (Docket #102) filed by Plaintiffs Raymond Barnes, Quincy Brown, Kevon Gordon, Ronald Jones. (Bibring, Peter) (Entered: 06/10/2010)

June 10, 2010

June 10, 2010

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 8, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Barbers who own and work in predominately African American Barbershops

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Moreno Valley (Riverside), City

California Board of Barbering and Cosmetology, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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

Amount Defendant Pays: 161,910.30

Order Duration: 2009 - 2012