Case: Paige v. State of California

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

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT (Summons(es) issued) J/T Demand (ca) (Entered: 01/06/1994)

CASE REFERRED to Discovery Carolyn Turchin (ca)

NOTICE AND ACKNOWLEDGEMENT of receipt of summons and complaint upon (name illegible), CHP General Cnsl for Calif highway Patrol on 2/14/94 (bg) (Entered: 02/23/1994)

ANSWER by defendant Maurice NMI Hannigan, defendant Edward Gomez to complt [1-1]; jury demand (bg) (Entered: 03/14/1994)

JOINT REPORT OF EARLY MEETING OF COUNSEL Length of trial 15 dys days (sb) (Entered: 04/18/1994)

NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall Ex parte applic for lv to svc additonal interrog( no decl 7.18.) & Ord reject and ret to cnsl (sb) (Entered: 04/27/1994)

MINUTES: All discov shall be completed on or before 10-30-94 & all mot filed pur to LR 7 and set for oral arg on or before 11-7-94 ; pretrial conference on 2:30 1/30/95 ; trial set on 10:00 2/8/95 by Judge Consuelo B. Marshall CR: N/A (sb) (Entered: 04/27/1994)

OPPOSITION by defendant State of California, defendant CA Highway Patrol, defendant Business Trans, defendant Maurice NMI Hannigan, defendant Edward Gomez to (sb) (Entered: 04/25/1994)

EX PARTE APPLICATION by plaintiff Jeff D Paige for leave to to serve additional interrog; memo of P/A in suppt; decl of Dennis Harley in suppt of applic (sb) (Entered: 04/26/1994)

DECLARATION of Dennis Harley by plaintiff Jeff D Paige re [6-1] (sb) (Entered: 04/26/1994)

NOTICE OF MOTION AND MOTION by plaintiff Jeff D Paige for certification of class actn ; motion hearing set for 10:00 6/6/94 (kr) (Entered: 05/18/1994)

MEMORANDUM by plaintiff Jeff D Paige in support of motion for certification of class actn [10-1] (kr) (Entered: 05/18/1994)

DECLARATION of Jeff D. Paige by plaintiff Jeff D Paige re in supt of ot for certification of class actn[10-1] (kr) (Entered: 05/18/1994)

DECLARATION of Richard E. Biddle by plaintiff Jeff D Paige in suppt of mot for certification of class actn. [10-1] (kr) (Entered: 05/18/1994)

DECLARATION of Dennis M. Harley by plaintiff Jeff D Paige in suppt of mot for cert of the class [10-1] (kr) (Entered: 05/18/1994)

STIPULATION and ORDER by Judge Consuelo B. Marshall contg hearing on motion for certification of class actn [10-1] 9:30 6/20/94 (am) (Entered: 05/26/1994)

OPPOSITION by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez motion for certification of class actn [10-1] (jw) (Entered: 06/09/1994)

DECLAR OF BONNIE WITMAN IN OPPOSITION by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez motion for certification of class actn [10-1] (jw) (Entered: 06/09/1994)

NOTICE of lodging declar of Jonathan S. Rothman in oppos to pltf Jeff D. Paige's motion for cert of the class by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez (jw) (Entered: 06/09/1994)

DECLARATION OF BOB GIANNONI IN OPPOSITION by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez motion for certification of class actn [10-1] (jw) (Entered: 06/09/1994)

Reply by plaintiff Jeff D Paige to motion for certification of class actn [10-1] (lori) (Entered: 06/16/1994)

DECLARATION of Dennis M. Harley by plaintiff Jeff D Paige re [10-1] (lori) (Entered: 06/16/1994)

Second DECLARATION of Richard E. Biddle by plaintiff Jeff D Paige re [10-1] (lori) (Entered: 06/16/1994)

Opposition by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez to motion for certification of class actn [10-1] (lori) (Entered: 06/16/1994)

NOTICE OF FILING DECLARATIONS OF PERSONAL SERVICE by defendant State of California, defendant CA Highway Patrol, defendant Maurice NMI Hannigan, defendant Edward Gomez of dfts' pldgs in oppo to plf's mot for certification of the class to Dennis M. Harley on 6/16/94. (lori) Modified on 07/06/1994 (Entered: 07/01/1994)

Not of filing decl of Personal svc of dfts' pldgs in opposition by defendant State of California, defendant Edward Gomez, defendant Maurice NMI Hannigan, defendant CA Highway Patrol to motion for certification of class actn [10-1] (lori) Modified on 07/01/1994

MINUTES: that the motion for certification of class actn [10-1] is submitted w/out further argument by Judge Consuelo B. Marshall CR: Walter Ledge (lori) (Entered: 07/13/1994)

ORDER, adjudged & decreed that the matter shall proc as a class of all past, present & future non white sworn employees in the CA Highway Patrol who have been, are, or will be discriminated against w/ regard to the terms & conditions of their employment because of their race, including the denial of job assignments, transfers, promotions & other benefits of an effective affirmative act program as the result of the operation of current practices by Judge Consuelo B. Marshall (lori) (Entered: 07/26/1994)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/20/94 (Re: ) CR: Walter Ledge (dlu) (Entered: 10/25/1994)

TRANSCRIPT filed for proceedings held on 6/20/94 (pjap)

NOTICE OF MOTION AND MOTION by plaintiff Jeff D Paige to compel responses to pltfs' third set of requests to produce ; motion hearing set for 10:00 9/19/94 (jw) (Entered: 09/20/1994)

STIPULATION re [27-1] mot to compel responses to pltfs' third set of reqsts to produce. (jw) (Entered: 09/20/1994)

MINUTES: by Discovery Carolyn Turchin . The Mag Judge is in receipt of pltf's mot to compel responses to third set of requests to produce. Cnsl may not file fur briefs in excess of 35 pages absent advance permission frm the crt. Loc Rule 3.10. Matter is set for hrg on 9/10/94, 2:00p.m. THe clerk is ord to send a copy of the Mag Judge's notc to cnsl to all cnsl. CR: none (jw) (Entered: 09/20/1994)

SUPPLEMENTAL MEMO by plaintiff Jeff D Paige re motion to compel responses to pltfs' third set of requests to produce [27-1] (jw) (Entered: 09/20/1994)

Suppl Memo in Opposition by defendant State of California, defendant CA Highway Patrol, defendant Business Trans, defendant Maurice NMI Hannigan, defendant Edward Gomez to motion to compel responses to pltfs' third set of requests to produce [27-1] (jw) (Entered: 09/20/1994)

NOTICE of lodging declaration of Val Lopez in suppt of suppl memo in oppos to motion to compel by defendant State of California, defendant CA Highway Patrol, defendant Business Trans, defendant Maurice NMI Hannigan, defendant Edward Gomez (jw) (Entered: 09/20/1994)

NOTICE of lodging of orig declaration of Val Lopez in suppt of suppl memo in oppos to mot to compel by defendant State of California, defendant CA Highway Patrol, defendant Business Trans, defendant Maurice NMI Hannigan, defendant Edward Gomez (jw) (Entered: 09/20/1994)

MINUTES: Crt grs motion to compel responses to plfs' third set of requests to produce [27-1]; production of docs is due by 10/11/94. Plf's cnsl to subm a prop ord by 9/22/94 by Magistrate Judge Carolyn Turchin CR: Tapes #260-261 (bp) (Entered: 10/25/1994)

LODGED/PROPOSED Order (FWD TO CRD) (lori)

MINUTES: Advised cnls that she is not in receipt of the prop ord which cnsl were supposed to have subm to the crt on or bef 9/22/94. Cnsl are directed that the prop ord shld contain the fol: 1) The Mag Judge's rulings at the time of the 9/19/94 discov hrg; 2) Any subsequent resolution of remaining discov disputes. This shld be an ord that is stip to by both cnsl. Additionally, w/ respect to any remaining disputes arising from the subj addressed in the 9/8/94 joint stip, the cnsl are to subm a new joint stip, which strictly complies w/ the detailed requirements of LR 7.15, to this crt by Magistrate Judge Carolyn Turchin CR: Tape #263-A (reg. spd.) (lori) (Entered: 10/11/1994)

STIPULATION and ORDER re Joint Status Rep & req for cont; decl of Caroline B. Newcombe by Judge Consuelo B. Marshall ; status conf be cont on 9:30 11/7/94 (bp) (Entered: 10/25/1994)

ORDER by Magistrate Judge Carolyn Turchin granting motion to compel responses to pltfs' third set of requests to produce [27-1] on or before 10-11-94 dft shall prod to pla cnsl against CHP from 9-19-94 too present (sb) (Entered: 09/30/1994)

ORDER by Judge Consuelo B. Marshall allowing Joel M. Cohn to appear as non-resident atty, designating Silvia M. Diaz as local cnsl. (bp) (Entered: 10/25/1994)

EX PARTE APPLICATION for ord modifying the dates set by the 4/20/94 sched ord by defendant State of California, memo of PA; decl of cnsl by defendant Maurice NMI Hannigan, defendant Edward Gomez (bp) (Entered: 10/25/1994)

LODGED/PROPOSED Order (FWD TO CRD) (bp)

OPPOSITION by plaintiff Jeff D Paige to dfts ex parte appl to cont trial, pre-trial, mot & mot & discov cutoff dates; memo of PA in suppt of oppo; decl of Dennis M. Harley in suppt of oppo (lori) (Entered: 10/25/1994)

WITNESS list submitted by plaintiff Jeff D Paige (dhl) (Entered: 11/10/1994)

REPLY by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez to plfs' oppo to ex parte appl for cont [45-1] (lori) (Entered: 10/25/1994)

NOTICE OF MOTION AND MOTION by plaintiff Jeff D Paige for summary judgment, and for request for injunctive relief ; motion hearing set for 10:00 11/7/94 (lori) (Entered: 10/25/1994)

DECLARATION of Dennis M. Harley by plaintiff Jeff D Paige in suppt of mot re [48-1] & [48-2] (lori) (Entered: 10/25/1994)

DECLARATION of Richard E. Biddle by plaintiff Jeff D Paige in suppt of mot [48-1] & [48-2] (lori) (Entered: 10/25/1994)

DECLARATION of Jeff D. Paige by plaintiff Jeff D Paige in suppt of mot re [48-1] & [48-2] (lori) (Entered: 10/25/1994)

LODGED jdmt submitted by plaintiff Jeff D Paige (FWD TO CRD) (lori)

LODGED stmt submitted by plaintiff Jeff D Paige (FWD TO CRD), (lori)

LODGED jdmt submitted by plaintiff Jeff D Paige (FWD TO CRD), (lori)

ORDER by Judge Consuelo B. Marshall allowing Donald R. Livingston to appear as non-resident atty, designating Silvia M. Diaz as local cnsl. (bp) (Entered: 10/25/1994)

ORDER by Judge Consuelo B. Marshall allowing Patricia A. Casey, PC to appear as non-resident atty, designating Silva M. Diaz as local cnsl. (bp) (Entered: 10/25/1994)

ORDER by Judge Consuelo B. Marshall allowing W. Randolph Teslik, PC to appear as non-resident atty, designating Silvia M. Diaz as local cnsl. (bp) (Entered: 10/25/1994)

MINUTES: On the crt's own mot, the plfs' mot for summ jgm re: liability & for injunctive rel is cont to 11/14/94 at 10:00; oppo or stmts of genuine iss, shall be fld on or bef 10/24/94; replies, if any, shall be fld on or bef 10/31/94 by Judge Consuelo B. Marshall CR: N/A (bp) (Entered: 10/25/1994)

EX PARTE APPLICATION for ord cont time for the filing of dfts' oppo to plfs' summ jgm mot; memo of PA ; Rule 56(f) affidavit; decl of cnsl by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez (lori) (Entered: 10/25/1994)

OPPOSITION TO by plaintiff Jeff D Paige to dfts' ex parte appl to cont [47-1] (lori) (Entered: 10/25/1994)

Memo of PA by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez in suppt of its oppo to plfs' motion for summary judgment [48-1] & motion for request for injunctive relief [48-2] (lori) (Entered: 10/25/1994)

Decl of Michael P. Ward by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez in oppo to plfs' motion for summary judgment [48-1] & motion for request for injunctive relief [48-2] (lori) (Entered: 10/25/1994)

STATEMENT of Genuine issues of material facts by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez (lori) (Entered: 10/25/1994)

ORDER cont time for the filing of dfts' oppo to plfs' summ jgm mot & that dfts shall not ntl 1 week thereafter the depos of Richard E. Biddle after they receive his expert's report; 2) dfts shall upon the completion of depo req that the transcr be prepared 3) upon receipt of the transcr, take into acct the 10 day period gr for dfts to prepare their oppo & 7 day for plfs to prepare a reply; 4) dfts' oppo to plfs' mot for part summ jgm shall be svd & fld 10 days after the dfts rec the transcript of Biddle's depo. Dft's reply to be fld 7 days thereafter; dft to notify crt when transcr has been rec & crt will set hrg date for plf's mot by Judge Consuelo B. Marshall (lori) (Entered: 12/06/1994)

REPLY DECLARATION of Richard E. Biddle by plaintiff Jeff D Paige in suppt of mot re [48-1] & [48-2] (lori) (Entered: 11/03/1994)

Reply memo in suppt by plaintiff Jeff D Paige to motion for summary judgment [48-1], motion for request for injunctive relief [48-2] (dhl) (Entered: 11/10/1994)

NOTICE OF MOTION AND MOTION by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez for partial summary judgment ; motion hearing set for 10:00 12/12/94 (lori) (Entered: 11/15/1994)

MEMORANDUM by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez in support of motion for partial summary judgment [61-1] (lori) (Entered: 11/15/1994)

LODGED/PROPOSED Order (FWD TO CRD) (lori)

LODGED Sum Jgm submitted by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez (FWD TO CRD) (lori)

NOTICE of lodging reports of a witness (Patrick T. Maher) specially retained by plfs purs to FRCP 26(a)(2)(B) by plaintiff Jeff D Paige (lori) Modified on 11/12/1994 (Entered: 11/12/1994)

NOTICE of ldg reports of a witness (Leonard Biermann) specially retained by plfs purs to FRCP 26(a)(2)(B) by plaintiff Jeff D Paige (lori) (Entered: 11/12/1994)

NOTICE of lodging reports of a witness specially retained by plfs purs to FRCP 26(a)(2)(B) by plaintiff Jeff D Paige (lori) (Entered: 11/17/1994)

MINUTES: OSC to ptys re: clms under 42 USC. Ptys are ordered to show cause in writing nlt 11/28/94 why crt shld not dism pla's clms by Judge Consuelo B. Marshall CR: none (lm) (Entered: 12/08/1994)

MINUTES: Crt resetting hearing on motion for summary judgment [48-1] 10:00 12/12/94 by Judge Consuelo B. Marshall CR: N/A (lori) (Entered: 12/06/1994)

JOINT STIPULATION of discov iss to be resolved by the crt; dfts' prop ord by dfts State of of CA et al. (lori) (Entered: 12/06/1994)

RESPONSE to OSC re Claims by defendant State of California, defendant CA Highway Patrol, defendant Maurice NMI Hannigan, defendant Edward Gomez (lm) (Entered: 12/07/1994)

NOTICE of Continuance On crt's own mtn the motion for partial summary judgment [61-1] is continued to 10:00 1/9/95 (lm) (Entered: 12/08/1994)

STATEMENT of non-opos in response to crt's osc r: claim under 42 UUSC 1981 by plaintiff Jeff D Paige (jw) (Entered: 12/02/1994)

ORDER by Judge Consuelo B. Marshall dismissing the 1981 Clm w/prej. (ENT 12/5/94) mld cpys/ntc (mm) (Entered: 12/05/1994)

MINUTES: Dfts' ex parte appl to modify sched ord of 4/20/94 is gr; all discov shall be completed on or bef 2/27/95 ; pretrial conference set on 2:30 4/24/95, all PTC docs shall be fld &/or ldgd on or bef 3/27/95; trial reset on 10:00 5/30/95 ; mot shall be fld purs to LR 7 & shall be set for oral arg on or bef 3/27/95 at 10:00; the LR 23 not of election stmt shall be fld on or bef 1/30/95 by Judge Consuelo B. Marshall CR: N/A (lori) (Entered: 12/06/1994)

NOTICE of sttlmnt proc selection by defendant State of California (lori) (Entered: 12/06/1994)

MINUTES: On 12/6/94, the Mag Judge received the joint stip of discov iss to be resolved by the crt in this mtr. On the face of the joint stip, it states that the discov cut-off date set is 10/30/94. As cnsl have been advised in "Not to Cnsl," the Mag Judge will not ext a discov cut-off date set by the District Crt Judge. Mots to ext any sched date set by the District Crt must be made bef the District Crt by Magistrate Judge Carolyn Turchin CR: N/A (lori) (Entered: 12/28/1994)

NOTICE OF MOTION AND MOTION to dismiss state law clms by dfts; motion hearing set for 10:00 1/9/95 (lori) Modified on 12/27/1994 (Entered: 12/27/1994)

MEMORANDUM by dft(s) State of California, CA Highway Patrol, Business Trans, Maurice NMI Hannigan, Edward Gomez in support of motion to dismiss state law clms [74-1] (lori) (Entered: 12/27/1994)

LODGED/PROPOSED Order (FWD TO CRD) (lori)

NOTICE of taking depos of John Wilcox by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez (lori) (Entered: 12/28/1994)

NOTICE of taking depo of Clyde W. Lockley by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez (lori) (Entered: 12/28/1994)

NOTICE of taking depo of Lee Martin, Jr. by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez (lori) (Entered: 12/28/1994)

NOTICE of taking depo of Leslie L. Fritz by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez (lori) (Entered: 12/28/1994)

NOTICE of taking depo of Sylvania Emery by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez (lori) (Entered: 12/28/1994)

Decl of Richard E. Biddle by plaintiff Jeff D Paige in oppo to dfts' motion for partial summary judgment [61-1] (lori) (Entered: 12/29/1994)

PA by plaintiff Jeff D Paige in oppo to motion to dismiss state law clms [74-1] (lori) (Entered: 12/29/1994)

Decl of Jeff D. Paige by plaintiff Jeff D Paige in oppo to dfts' motion for partial summary judgment [61-1] (lori) (Entered: 12/29/1994)

Memo of PA by plaintiff Jeff D Paige in oppo to dfts' motion for partial summary judgment [61-1] (lori) (Entered: 12/29/1994)

RE-NOTICE of hrg on 11/17/94 joint stip; suppl memo by dft(s) State of California, Maurice NMI Hannigan, Edward Gomez (lori) (Entered: 02/08/1995)

Reply by dfts to plfs' oppo to dfts' motion to dismiss state law clms [74-1] (lori) (Entered: 01/12/1995)

Suppl decl of Michael P. Ward by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez in reply to plfs' oppo to dfts' motion for partial summary judgment [61-1] (lori) (Entered: 01/12/1995)

Reply to by defendant State of California, defendant Maurice NMI Hannigan, defendant Edward Gomez to plfs' oppo to dfts' motion for partial summary judgment [61-1] (lori) (Entered: 01/12/1995)