Case: Garcia v. Montgomery County, Maryland

8:12-cv-03592 | U.S. District Court for the District of Maryland

Filed Date: Dec. 7, 2012

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 7, 2012, a journalist filed a lawsuit in the U.S. District Court for the District of Maryland (Greenbelt) under Section 1983 against Montgomery County, Maryland. The plaintiff, represented by private counsel, sought injunctive relief and punitive and compensatory damages. He claimed that he had been falsely arrested, subject to unreasonable search and seizure, malicious prosecution, and battery. The plaintiff alleged violations of the the First, Fourth, and Fourteenth Amendments, a…

On December 7, 2012, a journalist filed a lawsuit in the U.S. District Court for the District of Maryland (Greenbelt) under Section 1983 against Montgomery County, Maryland. The plaintiff, represented by private counsel, sought injunctive relief and punitive and compensatory damages. He claimed that he had been falsely arrested, subject to unreasonable search and seizure, malicious prosecution, and battery. The plaintiff alleged violations of the the First, Fourth, and Fourteenth Amendments, as well as a violation of the Privacy Protection Act.

Specifically, the plaintiff claimed that while he had been peacefully observing and recording an arrest in which he thought the officers might be using excessive force from over 100 feet away, officers of the county police department had flashed him with a spotlight and instructed him to stop recording. When the officers realized that the plaintiff was recording the arrest, one of them approached him. The plaintiff identified himself as a journalist, the officer stated that he was under arrest, placed him in a choke-hold, and dragged him across the street to the police cruiser. The officers placed the plaintiff in the squad car and threatened to arrest his wife as well if she came any closer. Once they reached the police station, the plaintiff watched an officer take the battery and memory card from his camera and place it in his pocket. The plaintiff was charged with disorderly conduct. The report filed by the arresting officers showed no evidence of disorderly conduct by the plaintiff. When he was released some hours later, the memory card for his camera was not returned to him.

On August 23, 2013, Judge J. Frederick Motz granted in part the defendants' motion to dismiss some of the charges. Charges against the individual officers were dismissed, but the charges against Montgomery County itself were allowed to proceed.

On June 6, 2014, the case was reassigned to Judge Theodore David Chuang.

Discovery was contentious and continued throughout the course of 2014. On January 20, 2015, the defendants filed a motion for summary judgment. The plaintiff filed a cross motion for partial summary judgment on February 19.

On November 5, 2015, Judge Chuang issued a memorandum opinion granting in part and denying in part both motions for summary judgment. Specifically, the court granted the defendants' motion with respect to the plaintiff's claim for damages for one officer for his alleged First Amendment violation. The court, however, denied the defendants' motion with respect to the claim for declaratory relief and all other counts at issue in the motion. Additionally, the court granted the plaintiff's cross motion as to the offenses of hindering an arrest and second-degree assault only, but denied the motion in all other respects.

On June 24, 2016, the court granted the parties' partial stipulation of dismissal with prejudice of all claims except for the Privacy Protection Act claim asserted against Montgomery County.

The parties engaged in settlement discussions regarding the remaining claims. After reaching a private settlement agreement, the court granted the parties' stipulation of dismissal with prejudice of all remaining claims on March 6, 2017, except for the plaintiff's claim for attorneys' fees.

On March 22, 2018, the court granted in part and denied in part the plaintiff's motion for attorneys' fees and costs, awarding the plaintiff $283,559.25 in fees and $12,402.34 in costs. The case is now closed.

Summary Authors

Andrew Steiger (10/24/2013)

Richard Jolly (11/26/2014)

Eva Richardson (5/25/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5072396/parties/garcia-v-montgomery-county-maryland/


Judge(s)

Chuang, Theodore David (Maryland)

Motz, J. Frederick (Maryland)

Ogletree, Rashida J (District of Columbia)

Schulze, Jillyn K. (Maryland)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

London, Ronald G (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Revere, Robert Corn (District of Columbia)

Schary, Alison Brooke (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Judge(s)

Chuang, Theodore David (Maryland)

Motz, J. Frederick (Maryland)

Ogletree, Rashida J (District of Columbia)

Schulze, Jillyn K. (Maryland)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

London, Ronald G (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Revere, Robert Corn (District of Columbia)

Schary, Alison Brooke (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Trepel, Samantha Kay (District of Columbia)

Attorneys(s) for Defendant

Frumkin, Jeannette Linda (Maryland)

Kane, Patricia L (Maryland)

Tang, Rosalyn (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

April 26, 2018 Docket
1

Complaint

Garcia v. Montgomery County

Dec. 7, 2012 Complaint
15

Statement of Interest of the United States

Garcia v. Montgomery County

March 4, 2013 Pleading / Motion / Brief
21

Order Granting in Part and Denying in Part Motion to Dismiss

Garcia v. Montgomery County

Aug. 23, 2013 Order/Opinion
71

Memorandum Opinion

145 F.Supp.3d 492

Nov. 5, 2015 Order/Opinion
106

Memorandum Opinion

2018 WL 1441189

March 22, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5072396/garcia-v-montgomery-county-maryland/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Judge J. Frederick Motz added. (rss, Deputy Clerk)

Dec. 7, 2012 PACER
1

COMPLAINT against Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor ( Filing fee $ 350 receipt number 0416-3835436.), filed by Mannie Garcia. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(London, Ronald) (Entered: 12/07/2012)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Dec. 7, 2012 PACER
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MOTION to Appear Pro Hac Vice for Robert Corn-Revere ( Filing fee $ 50, receipt number 0416-3836045.) by Mannie Garcia (London, Ronald) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
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Summons Issued 21 days as to Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland and Mark Sheelor. (sls, Deputy Clerk) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
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PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice for attorney Robert Corn Revere on behalf of Mannie Garcia. Directing attorney Robert Corn Revere to register on-line for CM/ECF at https://www.mdd.uscourts.gov/attyregB/inputProHac.asp. Signed by Clerk on 12/10/12. (cmns, Deputy Clerk) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
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Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. Responses due by 1/28/2013 (Kane, Patricia) (Entered: 01/10/2013)

Jan. 10, 2013 PACER
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SUMMONS Returned Executed by Mannie Garcia. All Defendants. (Corn Revere, Robert) (Entered: 01/11/2013)

Jan. 11, 2013 PACER
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Paperless ORDER granting 5 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 1/15/13. (Motz, J.) (Entered: 01/15/2013)

Jan. 15, 2013 PACER
8

MOTION to Dismiss for Failure to State a Claim by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor Responses due by 2/19/2013 (Attachments: # 1 Exhibit, # 2 Exhibit)(Kane, Patricia) (Entered: 01/31/2013)

1 Exhibit

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2 Exhibit

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Jan. 31, 2013 PACER
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MOTION for Extension of Time by Christopher Malouf Responses due by 2/19/2013 (Kane, Patricia) (Entered: 02/01/2013)

Feb. 1, 2013 PACER
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Paperless ORDER granting 9 Motion for Extension of Time. Signed by Judge J. Frederick Motz on 2/1/13. (Motz, J.) (Entered: 02/01/2013)

Feb. 1, 2013 PACER
11

MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8 by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor Responses due by 2/19/2013 (Kane, Patricia) (Entered: 02/01/2013)

Feb. 1, 2013 PACER
12

Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8, 8 MOTION to Dismiss for Failure to State a Claim by Mannie Garcia Responses due by 2/25/2013 (Corn Revere, Robert) (Entered: 02/06/2013)

Feb. 6, 2013 PACER
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Paperless ORDER granting 12 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 2/8/13. (Motz, J.) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
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ANSWER to 1 Complaint, Counts III,VI, VII and VIII by Christopher Malouf.(Kane, Patricia) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
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NOTICE by UNITED STATES OF AMERICA Statement of Interest (Attachments: # 1 Exhibit Statement of Interest of the United States, Sharp v. Baltimore City Police Dept., et al., No. 1:11-cv-02888, # 2 Exhibit Letter from Jonathan M. Smith to Mark H. Grimes and Mary E. Borja (BPD Letter))(Ogletree, Rashida) (Entered: 03/04/2013)

1 Exhibit Statement of Interest of the United States, Sharp v. Baltimore City Poli

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2 Exhibit Letter from Jonathan M. Smith to Mark H. Grimes and Mary E. Borja (BPD L

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March 4, 2013 PACER
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RESPONSE in Opposition re 11 MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8 filed by Mannie Garcia. Replies due by 3/22/2013. (Corn Revere, Robert) (Entered: 03/05/2013)

March 5, 2013 PACER
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Consent MOTION for Extension of Time to File Response/Reply as to 16 Response in Opposition to Motion Consent Motion for Extension of Time to Respond to Plaintiff's Opposition to Defendants' Amended Motion to Dismiss/Partially Dismiss Counts I to VII of Plaintiff's Complaint and for Other Relief by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor Responses due by 4/8/2013 (Kane, Patricia) (Entered: 03/20/2013)

March 20, 2013 PACER
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Paperless ORDER granting 17 Motion for Extension of Time to File Response/Reply. Signed by Judge J. Frederick Motz on 3/20/13. (Motz, J.) (Entered: 03/20/2013)

March 20, 2013 PACER
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REPLY to Response to Motion re 11 MOTION to Dismiss for Failure to State a ClaimAMENDED PARA 8, 8 MOTION to Dismiss for Failure to State a Claim filed by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. (Kane, Patricia) (Entered: 04/04/2013)

April 4, 2013 PACER
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MEMORANDUM. Signed by Judge J. Frederick Motz on 8/23/13. (bmhs, Deputy Clerk) (Entered: 08/26/2013)

Aug. 23, 2013 RECAP
21

ORDER granting in part and denying in part 11 Defendants' Amended Motion to Dismiss Counts I through VII of Plaintiffs Complaint. Signed by Judge J. Frederick Motz on 8/23/13. (bmhs, Deputy Clerk) (Entered: 08/26/2013)

Aug. 23, 2013 PACER
22

Correspondence setting scheduling conference. (Attachments: # 1 tentative scheduling order, # 2 discovery call in hour letter)(Motz, J.) (Entered: 08/26/2013)

1 tentative scheduling order

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2 discovery call in hour letter

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Aug. 26, 2013 PACER
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Consent MOTION for Extension of Time to Answer by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland Responses due by 9/26/2013 (Kane, Patricia) (Entered: 09/09/2013)

Sept. 9, 2013 PACER
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Paperless ORDER granting 23 Motion for Extension of Time. Signed by Judge J. Frederick Motz on 9/10/13. (Motz, J.) (Entered: 09/10/2013)

Sept. 10, 2013 PACER
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Defendant Montgomery County's ANSWER to 1 Complaint, Count V of Plaintiff's Complaint by Montgomery County, Maryland.(Kane, Patricia) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
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Defendant Detective Malouf's and Baxter's ANSWER to 1 Complaint, to Counts I and II of Plaintiff's Complaint by Kevin Baxter, Christopher Malouf.(Kane, Patricia) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
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SCHEDULING ORDER: Status Report due by 4/18/2014. Signed by Judge J. Frederick Motz on 9/20/13. (bmhs, Deputy Clerk) (Entered: 09/20/2013)

Sept. 20, 2013 PACER

Scheduling Conference held on 9/20/2013 before Judge J. Frederick Motz. (Court Reporter: None) (mds, Deputy Clerk)

Sept. 20, 2013 PACER
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NOTICE of Appearance by Rosalyn Tang on behalf of Kevin Baxter, Christopher Malouf, Thomas Manger, Montgomery County, Maryland (Tang, Rosalyn) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
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Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Mannie Garcia Responses due by 4/4/2014 (Attachments: # 1 Text of Proposed Order)(Corn Revere, Robert) (Entered: 03/18/2014)

1 Text of Proposed Order

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March 18, 2014 PACER
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Paperless ORDER granting 29 Motion for Extension of Time to Complete Discovery. Signed by Judge J. Frederick Motz on 3/19/2014. (Motz, J.) (Entered: 03/19/2014)

March 19, 2014 PACER
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NOTICE of Appearance by Alison B Schary on behalf of Mannie Garcia (Schary, Alison) (Entered: 03/19/2014)

March 19, 2014 PACER
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MOTION to Compel & Local Rule 104.7 Certification by Mannie Garcia Responses due by 5/5/2014 (Attachments: # 1 Exhibit 1 (Plaintiff's Motion to Compel), # 2 Exhibit 2 (Defendants' Opposition to Motion to Compel), # 3 Exhibit 3 (Plaintiff's Reply in support of Motion to Compel), # 4 Certificate of Service)(London, Ronald) (Entered: 04/18/2014)

1 Exhibit 1 (Plaintiff's Motion to Compel)

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2 Exhibit 2 (Defendants' Opposition to Motion to Compel)

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3 Exhibit 3 (Plaintiff's Reply in support of Motion to Compel)

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4 Certificate of Service

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April 18, 2014 PACER
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MEMORANDUM to Counsel. Signed by Judge J. Frederick Motz on 6/3/14. (bmhs, Deputy Clerk) (Entered: 06/04/2014)

June 4, 2014 PACER

Case reassigned to Judge Theodore David Chuang. Judge J. Frederick Motz no longer assigned to the case. (cags, Deputy Clerk)

June 6, 2014 PACER
34

NOTICE by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor re 33 Memorandum to Parties Defendants' Response to Court's Memo to Counsel (Kane, Patricia) (Entered: 06/11/2014)

June 11, 2014 PACER
35

Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Mannie Garcia Responses due by 6/30/2014 (Attachments: # 1 Text of Proposed Order)(London, Ronald) (Entered: 06/13/2014)

1 Text of Proposed Order

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June 13, 2014 PACER
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ORDER GRANTING 35 Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions. Signed by Judge Theodore D. Chuang on 6/16/2014. (rss, Deputy Clerk) (Entered: 06/16/2014)

June 16, 2014 PACER
37

MOTION for Reconsideration re 33 Memorandum to Parties by Mannie Garcia Responses due by 7/3/2014 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(London, Ronald) (Entered: 06/16/2014)

1 Memorandum in Support

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2 Text of Proposed Order

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June 16, 2014 PACER
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RESPONSE in Opposition re 37 MOTION for Reconsideration re 33 Memorandum to Parties Opposition to Plaintiff's Motion for Reconsideration of Court's June 3, 2014, Memo to Counsel Regarding Plaintiff's Motion to Compel filed by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. Replies due by 7/17/2014. (Kane, Patricia) (Entered: 06/30/2014)

June 30, 2014 PACER
39

REPLY to Response to Motion re 37 MOTION for Reconsideration re 33 Memorandum to Parties filed by Mannie Garcia. (London, Ronald) (Entered: 07/02/2014)

July 2, 2014 PACER
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MOTION to Compel Deposition Testimony and for Clarification of Bifurcation by Mannie Garcia Responses due by 8/4/2014 (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Text of Proposed Order)(Corn Revere, Robert) (Entered: 07/17/2014)

1 Appendix A

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2 Appendix B

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3 Text of Proposed Order

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July 17, 2014 PACER
41

RESPONSE in Opposition re 40 MOTION to Compel Deposition Testimony and for Clarification of Bifurcation filed by Kevin Baxter, Christopher Malouf, Thomas Manger, Montgomery County, Maryland. Replies due by 8/18/2014. (Kane, Patricia) (Entered: 07/30/2014)

July 30, 2014 PACER
42

REPLY to Response to Motion re 40 MOTION to Compel Deposition Testimony and for Clarification of Bifurcation filed by Mannie Garcia. (Attachments: # 1 Appendix C, # 2 Appendix D, # 3 Appendix E, # 4 Appendix F, # 5 Appendix G, # 6 Appendix H, # 7 Appendix I, # 8 Appendix J)(Corn Revere, Robert) (Entered: 08/06/2014)

1 Appendix C

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2 Appendix D

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3 Appendix E

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4 Appendix F

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5 Appendix G

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6 Appendix H

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7 Appendix I

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8 Appendix J

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Aug. 6, 2014 PACER
43

MOTION for Extension of Time to Complete Discovery and to Amend June 16, 2014 Scheduling Order by Mannie Garcia Responses due by 9/2/2014 (Attachments: # 1 Text of Proposed Order)(London, Ronald) (Entered: 08/13/2014)

1 Text of Proposed Order

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Aug. 13, 2014 PACER
44

Status Report Submitted by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland (Kane, Patricia) (Entered: 08/15/2014)

Aug. 15, 2014 PACER
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MOTION to Strike Material Changes to the Deposition Testimony of Defendant Kevin Baxter by Mannie Garcia Responses due by 9/8/2014 (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Strike, # 2 Exhibit 1 to Memorandum of Points and Authorities, # 3 Exhibit 2 to Memorandum of Points and Authorities, # 4 Text of Proposed Order)(London, Ronald) (Entered: 08/22/2014)

1 Memorandum of Points and Authorities in Support of Motion to Strike

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2 Exhibit 1 to Memorandum of Points and Authorities

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3 Exhibit 2 to Memorandum of Points and Authorities

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4 Text of Proposed Order

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Aug. 22, 2014 PACER
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ORDER DENYING 37 Motion for Reconsideration re 33 Memorandum to Parties ; GRANTING IN PART 40 Motion to Compel Deposition Testimony and for Clarification of Bifurcation; REFERRING all further discovery disputes to a United States Magistrate Judge for disposition as to 40 Motion to Compel Deposition Testimony, 43 Motion for an Extension of Time to Complete Discovery, 45 Motion to Strike Material Changes. Signed by Judge Theodore D. Chuang on 8/27/2014. (rss, Deputy Clerk) (Entered: 08/28/2014)

Aug. 28, 2014 RECAP
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ORDER REFERRING CASE to Magistrate Judge Jillyn K Schulze for discovery. Signed by Judge Theodore D. Chuang on August 29, 2014. (kdm, Chambers) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
48

RESPONSE in Opposition re 43 MOTION for Extension of Time to Complete Discovery and to Amend June 16, 2014 Scheduling Order Defendants' Opposition to Plaintiff's Motion for An Extension of Time to Complete Discovery filed by Kevin Baxter, Michael Graves. Replies due by 9/15/2014. (Kane, Patricia) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
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REPLY to Response to Motion re 43 MOTION for Extension of Time to Complete Discovery and to Amend June 16, 2014 Scheduling Order filed by Mannie Garcia. (London, Ronald) (Entered: 09/02/2014)

Sept. 2, 2014 PACER
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RESPONSE in Opposition re 45 MOTION to Strike Material Changes to the Deposition Testimony of Defendant Kevin Baxter filed by Kevin Baxter, Christopher Malouf. Replies due by 9/22/2014. (Attachments: # 1 Exhibit)(Kane, Patricia) (Entered: 09/05/2014)

1 Exhibit

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Sept. 5, 2014 PACER
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REPLY to Response to Motion re 45 MOTION to Strike Material Changes to the Deposition Testimony of Defendant Kevin Baxter filed by Mannie Garcia. (Attachments: # 1 Exhibit A)(London, Ronald) (Entered: 09/09/2014)

1 Exhibit A

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Sept. 9, 2014 PACER
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PAPERLESS ORDER denying 32 Motion to Compel for the reasons set forth in Judge Motz's Memorandum to Counsel (ECF No. 33) and the Court's August 28, 2014 Order (ECF No. 46). Signed by Judge Theodore D. Chuang on 9/26/14. (Chuang, Theodore) (Entered: 09/26/2014)

Sept. 26, 2014 PACER
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NOTICE by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland Line Withdrawing Appearance of Rosalyn Tang (Kane, Patricia) (Entered: 10/02/2014)

Oct. 2, 2014 PACER
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PAPERLESS ORDER Approving 53 Line Withdrawing Appearance of Rosalyn Tang, as co-counsel for Defendants' Montgomery County, Officer Christopher Malouf, and Officer Kevin Baxter. Signed by Judge Theodore D. Chuang on 10/02/2014. (Chuang, Theodore) Modified on 10/2/2014 (jf2s, Deputy Clerk). (Entered: 10/02/2014)

Oct. 2, 2014 PACER
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Consent MOTION Defendants' Consent Motion for Relief Under Federal Rule of Civil Procedure 36(b) by Kevin Baxter, Christopher Malouf Responses due by 10/20/2014 (Kane, Patricia) (Entered: 10/02/2014)

Oct. 2, 2014 PACER
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Joint MOTION for Extension of Time to File Dispositive Pretrial Motions by Mannie Garcia Responses due by 10/20/2014 (Attachments: # 1 Text of Proposed Order)(Corn Revere, Robert) (Entered: 10/03/2014)

1 Text of Proposed Order

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Oct. 3, 2014 PACER
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Paperless ORDER granting 55 Consent Motion to withdraw admissions, for reasons stated in the motion; granting 56 Motion for Extension of Time until 30 days after the completion of all discovery to file dispositive motions.. Signed by Magistrate Judge Jillyn K Schulze on 10/6/14. (Schulze, Jillyn) (Entered: 10/06/2014)

Oct. 6, 2014 PACER
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ORDER scheduling a telephone motions hearing for November 17, 2014 at 2:00 p.m. Signed by Magistrate Judge Jillyn K Schulze on 10/6/14. (jf2s, Deputy Clerk) (Entered: 10/07/2014)

Oct. 7, 2014 PACER

Telephone Conference held on 11/17/2014 before Magistrate Judge Jillyn K Schulze. (Fosbrook 3A FTR.) (pkfs, Deputy Clerk)

Nov. 17, 2014 PACER
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Paperless ORDER documenting rulings made at hearing of November 17, 2014. For reasons stated on the record, 43 Plaintiff's Motion for Extension of Time to Complete Discovery, is granted in part and denied in part. Plaintiff may, within 30 days, reopen the Sheelor deposition for the limited purpose of inquiring regarding his investigation into the handling of the camera and memory card at issue, and whether such handling comported with Department policy. 45 Plaintiff's Motion to Strike Material Changes to Deposition Testimony is granted in full. All discovery related to these rulings must be completed within 30 days. Phase one of this bifurcated discovery is otherwise concluded. Signed by Magistrate Judge Jillyn K Schulze on 11/17/2014. (Schulze, Jillyn) (Entered: 11/17/2014)

Nov. 17, 2014 PACER

Magistrate Judge Jillyn K Schulze no longer assigned to case. (aos, Deputy Clerk)

Jan. 7, 2015 PACER
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PAPERLESS ORDER instructing the parties to submit a status report by Tuesday, January 13, 2015 that identifies whether any party plans to submit a dispositive motion. Note that in accordance with the October 6, 2014 and November 17, 2014 paperless Orders (ECF Nos. 57 and 59), the dispositive motions deadline is January 20, 2015. Signed by Judge Theodore D. Chuang on 1/8/2015. (Chuang, Theodore) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
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STATUS REPORT Joint Status Report by Kevin Baxter, Christopher Malouf. (Kane, Patricia) (Entered: 01/09/2015)

Jan. 9, 2015 PACER
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MOTION for Summary Judgment Defendants' Motion for Summary Judgment by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland. Responses due by 2/6/2015 (Attachments: # 1 Table of Contents, # 2 Supplement Memo P&A Support MSJ, # 3 Exhibit List, # 4 Exhibit Exhibit 1, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 3A-E, # 7 Exhibit Exhibit 4, # 8 Exhibit Exhibit 5, # 9 Exhibit Exhibit 6, # 10 Exhibit Exhibit 7A-C, # 11 Exhibit Exhibit 8, # 12 Exhibit Exhibit 9, # 13 Exhibit Exhibit 10, # 14 Exhibit Exhibit 11, # 15 Exhibit Exhibit 12, # 16 Exhibit Exhibit 13, # 17 Exhibit Exhibit 14, # 18 Exhibit Exhibit 15, # 19 Exhibit Exhibit 16, # 20 Exhibit Exhibit 17, # 21 Exhibit Exhibit 18, # 22 Exhibit Exhibit 19, # 23 Exhibit Exhibit 20A-E)(Kane, Patricia) (Entered: 01/20/2015)

1 Table of Contents

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2 Supplement Memo P&A Support MSJ

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3 Exhibit List

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4 Exhibit Exhibit 1

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5 Exhibit Exhibit 2

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6 Exhibit Exhibit 3A-E

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7 Exhibit Exhibit 4

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8 Exhibit Exhibit 5

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9 Exhibit Exhibit 6

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10 Exhibit Exhibit 7A-C

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11 Exhibit Exhibit 8

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12 Exhibit Exhibit 9

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14 Exhibit Exhibit 11

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15 Exhibit Exhibit 12

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16 Exhibit Exhibit 13

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17 Exhibit Exhibit 14

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18 Exhibit Exhibit 15

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19 Exhibit Exhibit 16

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21 Exhibit Exhibit 18

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22 Exhibit Exhibit 19

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23 Exhibit Exhibit 20A-E

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Jan. 20, 2015 PACER
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Cross MOTION for Partial Summary Judgment by Mannie Garcia Responses due by 3/9/2015 (Attachments: # 1 Mem Points & Auth in Support and in Opp to Defs' MSJ, # 2 Decl. of R. London in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Statement of Facts)(Corn Revere, Robert) (Entered: 02/19/2015)

1 Mem Points & Auth in Support and in Opp to Defs' MSJ

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2 Decl. of R. London in Support

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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21 Exhibit 19

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23 Exhibit 21

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24 Exhibit 22

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25 Statement of Facts

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Feb. 19, 2015 PACER
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RESPONSE in Opposition re 63 Cross MOTION for Partial Summary Judgment, 62 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland. Replies due by 4/10/2015. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Kane, Patricia) (Entered: 03/24/2015)

1 Supplement

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9 Exhibit

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10 Exhibit

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11 Exhibit

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March 24, 2015 PACER
65

REPLY to Response to Motion re 63 Cross MOTION for Partial Summary Judgment filed by Mannie Garcia. (Attachments: # 1 Decl. of R. London in Further Support, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28)(Corn Revere, Robert) (Entered: 04/23/2015)

1 Decl. of R. London in Further Support

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2 Exhibit 23

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3 Exhibit 24

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4 Exhibit 25

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5 Exhibit 26

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6 Exhibit 27

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7 Exhibit 28

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April 23, 2015 PACER
66

NOTICE by Mannie Garcia re 65 Reply to Response to Motion, 63 Cross MOTION for Partial Summary Judgment Supplemental Authority (Corn Revere, Robert) (Entered: 05/18/2015)

May 18, 2015 PACER
67

PAPERLESS NOTICE that a hearing is scheduled on 62 Motion for Summary Judgment and 63 Cross-Motion for Summary Judgment for Thursday, August 20, 2015 at 9:30 a.m. before Judge Theodore D. Chuang at the United States District Courthouse located at 6500 Cherrywood Lane, Greenbelt, Maryland. The specific courtroom for the hearing will be available on the Court's website, http://www.mdd.uscourts.gov/calendar/calendar.asp, the week of the proceeding. (nr, Chambers) (Entered: 07/13/2015)

July 13, 2015 PACER
68

Joint MOTION for Extension of Time To Continue Hearing Date by Mannie Garcia Responses due by 8/3/2015 (London, Ronald) (Entered: 07/15/2015)

July 15, 2015 PACER
69

PAPERLESS ORDER granting 68 Motion for Extension of Time. At the mutual request of the parties, the hearing on 62 Motion for Summary Judgment and 63 Cross-Motion for Summary Judgment has been rescheduled for September 9, 2015 at 9:30 a.m. before Judge Theodore D. Chuang at the United States District Courthouse located at 6500 Cherrywood Lane, Greenbelt, Maryland. The specific courtroom for the hearing will be available on the Court's website, http://www.mdd.uscourts.gov/calendar/calendar.asp, the week of the proceeding. Signed by Judge Theodore D. Chuang on 7/16/2015. (nr, Chambers) (Entered: 07/16/2015)

July 16, 2015 PACER
70

Motion Hearing held on 9/9/2015 re 62 MOTION for Summary Judgment Defendants' Motion for Summary Judgment filed by Kevin Baxter, Montgomery County, Maryland, Christopher Malouf, 63 Cross MOTION for Partial Summary Judgment filed by Mannie Garcia before Judge Theodore D. Chuang. (Court Reporter: Cindy Davis-2B) (chs, Deputy Clerk) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
71

MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 11/5/2015. (bus, Deputy Clerk) (Entered: 11/05/2015)

Nov. 5, 2015 RECAP
72

ORDER granting in part and denying in part 62 Defendants' Motion for Summary Judgment; granting in part and denying in part 63 Garcia's Cross-Motion for Partial Summary Judgment. Signed by Judge Theodore D. Chuang on 11/5/2015. (bus, Deputy Clerk) (Entered: 11/05/2015)

Nov. 5, 2015 PACER
73

PAPERLESS NOTICE that a telephone status conference is scheduled for December 2, 2015 at 10:00 a.m. to set a trial date. Instructions for the call will be emailed to the parties at a later date. (nr, Chambers) (Entered: 11/16/2015)

Nov. 16, 2015 PACER
74

PAPERLESS ORDER that, as stated at the December 2, 2015 telephone status conference, discovery on the Monell claim shall proceed. Discovery on that claim will close on April 29, 2016. Any dispositive motions as to that claim are due May 16, 2016; responses are due May 31, 2016; replies are due June 14, 2016. Signed by Judge Theodore D. Chuang on 12/4/2015. (nr, Chambers) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
75

PRETRIAL SCHEDULING ORDER setting dates for trial and pretrial submissions. Signed by Judge Theodore D. Chuang on 12/24/2015. (bus, Deputy Clerk) (Entered: 12/28/2015)

Dec. 24, 2015 PACER
76

Joint MOTION to Continue Joint Motion to Modify Scheduling Order and Trial Date by Kevin Baxter, Christopher Malouf, Thomas Manger, Montgomery County, Maryland Responses due by 5/16/2016 (Kane, Patricia) (Entered: 04/29/2016)

April 29, 2016 PACER
77

PAPERLESS ORDER granting in part and denying in part 76 Motion to Continue. The Motion is granted to the extent that all the discovery deadlines are reset as proposed by the parties, and denied only as to the proposed start date for the trial, which, with the mutual consent of the parties, will be moved to October 18, 2016, rather than the proposed October 25, 2016. Should the Monell claims be part of the trial, the parties agree that if Chief Manger's testimony is taken out of order to accommodate his schedule, the jury will be informed that his absence for the start of the trial is due to his pre-existing professional obligations. Signed by Judge Theodore D. Chuang on 5/13/2016. (nr, Chambers) (Entered: 05/13/2016)

May 13, 2016 PACER
78

STIPULATION of Dismissal Consent Partial Stiuplation of Dismissal of Montgomery County with Prejudice by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. (Kane, Patricia) (Entered: 06/23/2016)

June 23, 2016 PACER
79

STIPULATION of Dismissal Consent Stiuplation of Dismissal of Chief Thomas Manger with Prejudice by Kevin Baxter, Michael Graves, Christopher Malouf, Thomas Manger, Montgomery County, Maryland, Mark Sheelor. (Kane, Patricia) (Entered: 06/23/2016)

June 23, 2016 PACER
80

MARGINAL ORDER Granting 79 Consent Stipulation of Dismissal of Chief Thomas Manger with Prejudice. Signed by Judge Theodore D. Chuang on 6/24/2016. (jf3s, Deputy Clerk) (Entered: 06/24/2016)

June 24, 2016 PACER
81

MARGINAL ORDER Granting 78 Consent Partial Stipulation of Dismissal of Montgomery County with Prejudice. Signed by Judge Theodore D. Chuang on 6/24/2016. (jf3s, Deputy Clerk) (Entered: 06/24/2016)

June 24, 2016 PACER
82

PRETRIAL SCHEDULING ORDER Setting Forth Pretrial Deadlines and a Date for a Pretrial Conference. Signed by Judge Theodore D. Chuang on 8/4/2016. (jf3s, Deputy Clerk) (Entered: 08/04/2016)

Aug. 4, 2016 PACER
83

Consent MOTION to Postpone Trial by Mannie Garcia Responses due by 9/29/2016 (Attachments: # 1 Text of Proposed Order)(London, Ronald) (Entered: 09/12/2016)

1 Text of Proposed Order

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Sept. 12, 2016 PACER
84

ORDER granting 83 Consent Motion to Postpone Trial. Signed by Judge Theodore D. Chuang on 9/23/2016. (jf3s, Deputy Clerk) (Entered: 09/26/2016)

Sept. 23, 2016 PACER
85

NOTICE of Appearance by Jeannette Linda Frumkin on behalf of Kevin Baxter, Christopher Malouf, Montgomery County, Maryland (Frumkin, Jeannette) (Entered: 10/04/2016)

Oct. 4, 2016 PACER
86

NOTICE by Kevin Baxter, Christopher Malouf, Montgomery County, Maryland re 85 Notice of Appearance Amended Line of Appearance (Frumkin, Jeannette) (Entered: 10/05/2016)

Oct. 5, 2016 PACER
87

ORDER REFERRING CASE to Magistrate Judge William Connelly for Settlement. Signed by Judge Theodore D. Chuang on 1/3/2017 (cags, Deputy Clerk) (Entered: 01/03/2017)

Jan. 3, 2017 PACER
88

LETTER/ORDER to counsel scheduling a Settlement Conference for Friday, January 13, 2017 at 10:00 a.m. Signed by Magistrate Judge William Connelly on 1/3/2017. (jf3s, Deputy Clerk) (Entered: 01/03/2017)

Jan. 3, 2017 PACER

Settlement Conference held on 1/13/2017 with Magistrate Judge William Connelly. (Connelly, William)

Jan. 13, 2017 PACER
89

Joint Request for Hearing/Trial dates to be removed from trial calendar and to cancel pretrial conference (Attachments: # 1 Text of Proposed Order)(London, Ronald) (Entered: 01/27/2017)

1 Text of Proposed Order

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Jan. 27, 2017 PACER
90

ORDER granting 89 Request for Hearing/Trial date to be removed from trial calendar and to cancel pretrial conference. Signed by Judge Theodore D. Chuang on 1/31/2017. (jf3s, Deputy Clerk) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
91

ORDER directing parties to submit a Stipulation of Dismissal. Signed by Judge Theodore D. Chuang on 2/23/2017. (jf3s, Deputy Clerk) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
92

PAPERLESS NOTICE that, at the request of Defense Counsel, the March 1, 2017 telephone Status Conference will begin at 9:00 a.m., rather than at 9:30 a.m. as previously scheduled. The dial-in information remains the same. Counsel are expected to report to the Court how long they expect trial to last and to have made themselves available for trial in March 2017. (nrs, Chambers) (Entered: 02/28/2017)

Feb. 28, 2017 PACER
93

Case Management Conference held on 3/1/2017 before Judge Theodore D. Chuang.(FTR-KLS-2B.) (klss, Deputy Clerk) (Entered: 03/01/2017)

March 1, 2017 PACER
94

PRETRIAL SCHEDULING ORDER. Signed by Judge Theodore D. Chuang on 3/1/2017. (jf3s, Deputy Clerk) (Entered: 03/01/2017)

March 1, 2017 PACER

State / Territory: Maryland

Case Type(s):

Policing

Key Dates

Filing Date: Dec. 7, 2012

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Journalist who was documenting an arrest in progress.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Montgomery County, Maryland (Montgomery), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Attorneys fees

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 295961.59

Order Duration: 2017 - None

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

False arrest

Incident/accident reporting & investigations

Pattern or Practice

Personal injury

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