Margo Schlanger

COMPLAINT against Defendants County of Los Angeles, Does 1 through 10, Los Angeles Sheriff's. Case assigned to Judge Consuelo B. Marshall for all further proceedings. Discovery referred to Magistrate Judge Andrew J. Wistrich.(Filing fee $ 350: PAID), filed by plaintiff Heriberto Rodriguez.(ghap) (ds). (Entered: 08/25/2010)

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Heriberto Rodriguez. (ghap) (Additional attachment(s) added on 8/25/2010: # 1 Notice) (ds). (Entered: 08/25/2010)

AMENDED DOCUMENT filed by Plaintiff Heriberto Rodriguez. First Amended Complaint (Muller, James) (Entered: 09/20/2010)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents, RE: Amended Document (Non-Motion) 3 . The following error(s) was found: L.R. 3-2, Filing of Initiating Documents. Complaints (including first amended complaint, counter-claims, etc) and other initiating documents in civil cases shall be filed in the traditional manner on paper rather than electronically. Please manually file your first amended complaint. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 09/21/2010)

FIRST AMENDED COMPLAINT 1 against Defendants County of Los Angeles, Does, Los Angeles Sheriff's Department, Daniel Cruz, Matt Onhemus, Clayton Stelter, Andrew Lyons, Frank Quintana, Justin Bravo, Javier Guzman, Herman Delgado, Adrian Ruiz, Carlos Ortega filed by Plaintiffs Heriberto Rodriguez, Carlos Flores, Juan Trinidad, Erick Nunez, Juan Carlos Sanchez. (lom) (Additional attachment(s) added on 9/27/2010: # 1 Summons Issued) (lom). (Entered: 09/27/2010)

1 Summons Issued

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Adrian Ruiz served on 10/1/2010, answer due 10/22/2010. Service of the Summons and Complaint were executed upon Deputy Adam Kennedy in compliance with statute not specified by personal service. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Herman Delgado served on 9/28/2010, answer due 10/19/2010. Service of the Summons and Complaint were executed upon Deputy Adam Kennedy in compliance with statute not specified by personal service. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Frank Quintana served on 9/28/2010, answer due 10/19/2010. Service of the Summons and Complaint were executed upon Deputy Adam Kennedy in compliance with statute not specified by personal service. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Andrew Lyons served on 9/28/2010, answer due 10/19/2010. Service of the Summons and Complaint were executed upon Deputy Adam Kennedy in compliance with statute not specified by personal service. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Daniel Cruz served on 9/28/2010, answer due 10/19/2010. Service of the Summons and Complaint were executed upon Deputy Adam Kennedy in compliance with statute not specified by personal service. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Justin Bravo served on 9/28/2010, answer due 10/19/2010. Service of the Summons and Complaint were executed upon Deputy Adam Kennedy in compliance with statute not specified by personal service. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Javier Guzman served on 9/28/2010, answer due 10/19/2010. Service of the Summons and Complaint were executed upon Deputy Adam Kennedy in compliance with statute not specified by personal service. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant County of Los Angeles served on 10/1/2010, answer due 10/22/2010. Service of the Summons and Complaint were executed upon Tammy Johnson, Deputy Clerk in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Attachments: # 1 Supplement AO440 Proof of Service)(Muller, James) (Entered: 10/05/2010)

1 Supplement AO440 Proof of Service

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Clayton Stelter served on 9/29/2010, answer due 10/20/2010. Service of the Summons and Complaint were executed upon C. Rogers, #244756 in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Muller, James) (Entered: 10/05/2010)

NOTICE of Interested Parties filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter, (Choi, Jin) (Entered: 10/22/2010)

ANSWER to Amended Complaint, 5 with JURY DEMAND filed by Defendants Justin Bravo, County of Los Angeles, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter.(Choi, Jin) (Entered: 10/22/2010)

MINUTES IN CHAMBERS RE Scheduling Conference by Judge Consuelo B. Marshall. On the Court's own motion, this case is set for a Scheduling Conference on Jan. 24, 2011 at 11:00 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan within 14 days after the conference of counsel. The Rule 26(f) discovery plan shall contain the following information: 1. A brief description of the nature of the case and type of action filed and the date filed in the District Court; 2. The number of depositions to be taken by each side and the date the date the depositions are set; 3. The written discovery sought and date responses to interrogatories requests for production and requests for admissions are due; 4. The number of experts expected to be called by each side and the expert's area of expertise; 5. Proposed Pre Trial Conference date; 6. Date Demand for Jury Trial was filed; 7. Prospects of Settlement; 8. Positions of counsel re: consent to proceed before a Magistrate Judge; 9. A list of contemplated motions, including what type of motion, a tentative hearing date, and whether discovery must be conducted prior to the filing of the motions. (lom) (Entered: 10/26/2010)

PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Matt Onhemus served on 10/26/2010, answer due 11/16/2010. Service of the Summons and Complaint were executed upon Deputy Dirks #221990 in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Muller, James) (Entered: 11/01/2010)

PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez, upon Defendant Carlos Ortega served on 10/25/2010, answer due 11/15/2010. Service of the Summons and Complaint were executed upon Sgt. Ralph J. Gama in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Muller, James) (Entered: 11/01/2010)

[DOCUMENT STRICKEN] NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. Motion set for hearing on 12/20/2010 at 11:00 AM before Judge Consuelo B. Marshall. (Choi, Jin) Modified on 11/18/2010 (bp). (Entered: 11/17/2010)

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint 20 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Attachments: # 1 Exhibits A-C, # 2 Exhibits D-E)(Choi, Jin) (Entered: 11/17/2010)

1 Exhibits A-C

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2 Exhibits D-E

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NOTICE OF LODGING filed re Declaration of Deputy Adam Kennedy; Exhibit "A" and "B" re MOTION to Dismiss First Amended Complaint 20 (Choi, Jin) (Entered: 11/18/2010)

MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: The Court strikes MOTION to Dismiss First Amended Complaint 20 . The Court notes for the record that the Declaration of Adam Kennedy is unsigned. (jl) (Entered: 11/18/2010)

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. Motion set for hearing on 12/20/2010 at 11:00 AM before Judge Consuelo B. Marshall. (Choi, Jin) (Entered: 11/18/2010)

IN CHAMBERS/OFF THE RECORD by Judge Consuelo B. Marshall: The Court hereby strikes the Motion of Defendants Carlos Ortega and Matt Ohnemus (doc.#20). The Court notes for the record that the Declaration of Adam Kennedy is unsigned re: MOTION to Dismiss First Amended Complaint 20 . (bp) (Entered: 11/18/2010)

MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: MOTION to Dismiss First Amended Complaint 24 is submitted without oral argument. (jl) (Entered: 11/18/2010)

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint 24 filed by defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Attachments: # 1 Exhibits A-C, # 2 Exhibits D-E)(Choi, Jin) (Entered: 11/18/2010)

1 Exhibits A-C

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2 Exhibits D-E

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First STIPULATION for Extension of Time to File Response as to MOTION to Dismiss First Amended Complaint 24 filed by plaintiff Heriberto Rodriguez. (Attachments: # 1 Proposed Order)(Muller, James) (Entered: 11/24/2010)

1 Proposed Order

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MEMORANDUM in Opposition to MOTION to Dismiss First Amended Complaint 24 filed by Plaintiff Carlos Flores. (Attachments: # 1 Exhibit Exhibit A)(Muller, James) (Entered: 12/06/2010)

1 Exhibit Exhibit A

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REPLY to Plaintiffs' Opposition in Support of MOTION to Dismiss First Amended Complaint 24 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 12/13/2010)

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint 24 in Support of Reply to Opposition 30 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 12/13/2010)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-12 days, filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter.. (Choi, Jin) (Entered: 12/21/2010)

JOINDER in MOTION to Dismiss First Amended Complaint 24 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 12/22/2010)

MINUTES IN CHAMBERS by Judge Consuelo B. Marshall. On the Court's own motion, Scheduling Conference is hereby continued to Jan. 25, 2011 at 10:00 A.M. (lom) (Entered: 01/04/2011)

STIPULATION for Order Authorizing the California Department of Corrections to Produce Non-Psychiatric Medical Records of Plaintiffs Carlos Flores, Erick Nunez, Juan Carlos Sanchez and Juan Trinidad filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Attachments: # 1 Proposed Order)(Choi, Jin) (Entered: 01/06/2011)

1 Proposed Order

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ORDER AUTHORIZING THE CALIFORNIA DEPARTMENT OF CORRECTIONS TO PRODUCE NON-PSYCHIATRIC MEDICAL RECORDS OF PLAINTIFFS by Magistrate Judge Andrew J. Wistrich, re Stipulation for Order, 35 . See document for details. (yb) (Entered: 01/07/2011)

NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Judge Andrew J. Wistrich for settlement proceedings. Filed by Plaintiffs Carlos Flores, Juan Trinidad (lom) (Entered: 01/26/2011)

ORDER by Judge Consuelo B. Marshall: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) to Appear Before Magistrate Judge Andrew J. Wistrich for settlement proceedings. For Settlement Procedure No. 1, counsel are responsible for contacting the judge or mediator at the appropriate time to arrange for further proceedings. (lom) (Entered: 01/26/2011)

MINUTES IN CHAMBER by Judge Consuelo B. Marshall. The matter before the Court is Defendants' Unenumerated F.R.C.P. Rule 12(b) Motion to Dismiss First Amended Complaint (the "Motion") 24 . The matter was heard by the Court on January 25, 2011. IT IS HEREBY ORDERED that Defendants file a supplemental declaration detailing the administrative remedy scheme available to inmates at Men's Central Jail. Specifically, the evidence should address: (1) whether inmates must request an Inmate Complaint Form in order to access the administrative remedy scheme; (2) if regulations or a manual govern how the administrative remedy works and, if so, how inmates access those regulations and/or manual; and (3) what the procedural requirements of the administrative remedy scheme are, including time deadlines for filling out an Inmate Complaint Form after a grievance occurs. Defendants are also ORDERED to file with the Court any manual and/or regulations that govern how the administrative remedy scheme works at Men's Central Jail, if such manual and/or regulations exist. Defendants must file this supplemental evidence no later than February 7, 2011. IT IS HEREBY ORDERED that Plaintiffs submit evidence from the individual Plaintiffs as to why they did not comply with the Men's Central Jail administrative remedy scheme. Specifically, each individual Plaintiff should present evidence as to their "attempts" to exhaust administrative remedies relating to the alleged August 25, 2008 incident referenced in the First Amended Complaint. Plaintiffs must file this supplemental evidence no later than February 14, 2011. (lom) (Entered: 01/26/2011)

MINUTES of Status Conference held before Judge Consuelo B. Marshall. Status Conference held in lieu of a Scheduling Conference. Oral arguments held as to the Motion to Dismiss the First Amended Complaint 24 . The Motion to Dismiss, etc. shall remain under submission but the Court will issue a minute order as to further briefing. Court Reporter: Leandra Amber. (lom) (Entered: 01/27/2011)

SUPPLEMENT to MOTION to Dismiss First Amended Complaint 24 Pursuant to Court's Order [Docket No. 39] filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 02/07/2011)

First EXPARTE APPLICATION for Extension of Time to File Declarations filed by Plaintiff Erick Nunez. (Attachments: # 1 Proposed Order)(Muller, James) (Entered: 02/11/2011)

1 Proposed Order

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DECLARATION of Mary Tiedeman in support of opposition MOTION to Dismiss First Amended Complaint 24 filed by Plaintiffs Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Declaration Declaration of Mary Tiedeman, # 2 Exhibit Stipulation and Order re Rutherford, # 3 Exhibit Declaration of Mary Tiedeman re Rutherford)(Muller, James) (Entered: 02/14/2011)

1 Declaration Declaration of Mary Tiedeman

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2 Exhibit Stipulation and Order re Rutherford

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3 Exhibit Declaration of Mary Tiedeman re Rutherford

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DECLARATION of James S. Muller in support of opposition MOTION to Dismiss First Amended Complaint 24 filed by Plaintiffs Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Exhibit)(Muller, James) (Entered: 02/14/2011)

1 Exhibit

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Opposition re: First EXPARTE APPLICATION for Extension of Time to File Declarations 42 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 02/14/2011)

Evidentiary Objections to Supplemental Declarations re Plaintiffs' Opposition re: MOTION to Dismiss First Amended Complaint 24 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 02/14/2011)

ORDER by Judge Consuelo B. Marshall: granting 42 Ex Parte Application for Extension of Time to File Supplemental Declarations. It is ORDERED that time for plaintiffs' filing of supplemental declarations in opposition to defendants' motion to dismiss be extended from February 14, 2011 to February 28, 2011. (lom) (Entered: 02/16/2011)

DEFENDANTS' CORRECTION TO EVIDENTIARY OBJECTIONS TO PLAINTIFFS' SUPPLEMENTAL DECLARATIONS RE OPPOSITION TO DEFENDANTS' MOTION TO DISMISS; DECLARATION OF JIN S. CHOI re MOTION to Dismiss First Amended Complaint 24 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 02/15/2011)

DECLARATION of Juan Carlos Sanchez in support of opposition to MOTION to Dismiss First Amended Complaint 24 filed by Plaintiff Juan Trinidad. (Attachments: # 1 Affidavit (Signed) Juan Carlos Sanchez)(Muller, James) (Entered: 02/15/2011)

1 Affidavit (Signed) Juan Carlos Sanchez

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DECLARATION of Juan Trinidad in support of opposition to MOTION to Dismiss First Amended Complaint 24 filed by Plaintiffs Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 02/18/2011)

1 Affidavit

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OPPOSITION to MOTION to Dismiss First Amended Complaint 24 supplemental response filed by Plaintiff Carlos Flores. (Attachments: # 1 Declaration)(Muller, James) (Entered: 02/22/2011)

1 Declaration

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EX PARTE APPLICATION for Leave to File a Supplemental Declaration in Opposition to Defendants' Motion to Dismiss filed by plaintiff Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Declaration Declaration of Heriberto Rodriguez)(Muller, James) (Entered: 04/27/2011)

1 Declaration Declaration of Heriberto Rodriguez

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Defendants' Opposition re: EX PARTE APPLICATION for Leave to File a Supplemental Declaration in Opposition to Defendants' Motion to Dismiss 52 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Choi, Jin) (Entered: 04/27/2011)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Leave to File a Supplemental Declaration in Opposition to Defendants' Motion to Dismiss 52 . The following error(s) was found: No Proposed Document was submitted as a separate attachment. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 04/28/2011)

ORDER by Judge Consuelo B. Marshall: granting 52 Plaintiffs' Ex Parte Application for leave to file the Declaration of Heriberto Rodriguez in opposition to defendants' motion to dismiss. The Declaration of Heriberto Rodriguez shall be filed on or before May 6, 2011. (lom) (Entered: 05/04/2011)

DECLARATION of Heriberto Rodriguez in support of opposition to MOTION to Dismiss First Amended Complaint 24 filed by Plaintiffs Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 05/04/2011)

1 Affidavit

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ORDER by Judge Consuelo B. Marshall: denying 24 Defendants' Motion to Dismiss. After considering the evidence presented by Plaintiffs and the allegations in the Complaint, the Court finds that it would unreasonable to expect that Plaintiffs would have complied with the grievance procedure because Plaintiffs reasonably believed that they would suffer additional physical force if they complained. The administrative remedies at MCJ were therefore "effectively unavailable" to Plaintiffs and the PLRA does not require exhaustion in this case. (lom) (Entered: 05/09/2011)

ANSWER to Amended Complaint, 5 by Defendants Sgt. Matt Onhemus and Carlos Ortega filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter.(Choi, Jin) (Entered: 05/16/2011)

MINUTES IN CHAMBERS Re Scheduling Conference by Judge Consuelo B. Marshall. On the Court's own motion, this case is set for a Scheduling Conference on Aug. 1, 2011 at 9:00 A.M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan within 14 days after the conference of counsel. The Rule 26(f) discovery plan shall contain the following information: 1. A brief description of the nature of the case and type of action filed and the date filed in the District Court; 2. The number of depositions to be taken by each side and the date the date the depositions are set; 3. The written discovery sought and date responses to interrogatories requests for production and requests for admissions are due; 4. The number of experts expected to be called by each side and the expert's area of expertise; 5. Proposed Pre Trial Conference date; 6. Date Demand for Jury Trial was filed; 7. Prospects of Settlement; 8. Positions of counsel re: consent to proceed before a Magistrate Judge; 9. A list of contemplated motions, including what type of motion, a tentative hearing date, and whether discovery must be conducted prior to the filing of the motions. (lom) (Entered: 05/20/2011)

STIPULATION to Continue Scheduling Conference from August 1, 2011 to August 8 or 15, 2011 filed by plaintiff Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Proposed Order)(Muller, James) (Entered: 06/09/2011)

1 Proposed Order

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ORDER Granting Stipulation to Continue 60 by Judge Consuelo B. Marshall. It is ordered that the scheduling conference in this case shall be continued. This conference, currently scheduled for August 1, 2011, shall be continued to August 8, 2011 at 11:00 a.m. (lom) (Entered: 06/10/2011)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-12 days, filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter.. (Choi, Jin) (Entered: 07/25/2011)

MINUTES (IN CHAMBERS): ORDER by Judge Consuelo B. Marshall: striking 20 Motion to Dismiss (jl) (Entered: 08/02/2011)

MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: Scheduling Conference is continued to August 12, 2011 at 9:30 A.M. ADR-1 Form shall be filed on or before August 9, 2011. (jl) (Entered: 08/04/2011)

NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiffs Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Proposed Order ADR-01 Order)(Muller, James) (Entered: 08/09/2011)

1 Proposed Order ADR-01 Order

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MINUTES OF SCHEDULING CONFERENCE held before Judge Consuelo B. Marshall, The Court orders: (1) all fact discovery shall be completed on or before 11/30/2011; (2) all expert discovery shall be completed on or before 12/30/2011; (3) Last date to conduct settlement conference is 1/20/2012; (4) motions hall be set for oral argument on or before 2/27/2012, at 10:00 a.m. Pretrial Conference is set for 4/16/2012 02:30 p.m.; and 7-12 day Jury Trial is set for 5/29/2012 10:00 a.m. The Court approves the parties' Settlement Procedure Selection: Request and Notice 65, Settlement Procedure No. 1, for the parties to appear before the Magistrate Judge assigned.Court Reporter: Katie Thibodeaux. (ys) (Entered: 08/15/2011)

ORDER by Judge Consuelo B. Marshall: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) to Appear Before Magistrate Judge Andrew J. Wistrich for settlement proceedings. For Settlement Procedure No. 1, counsel are responsible for contacting the judge at the appropriate time to arrange for further proceedings. (lom) (Entered: 08/18/2011)

NOTICE OF MOTION AND MOTION to AMEND Amended Complaint, 5 filed by plaintiff Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. Motion set for hearing on 9/26/2011 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Supplement Proposed Second Amended Complaint, # 2 Proposed Order)(Muller, James) (Entered: 08/26/2011)

1 Supplement Proposed Second Amended Complaint

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2 Proposed Order

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First REQUEST to Substitute attorney J. Edwin Rathbun, Jr. in place of attorney Jin S. Choi filed by Defendant Herman Delgado. Request set for hearing on 9/19/2011 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order Proposed Order)(Nishimura, Gilbert) (Entered: 08/30/2011)

1 Proposed Order Proposed Order

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST to Substitute attorney J. Edwin Rathbun, Jr. in place of attorney Jin S. Choi 69 . The following error(s) was found: No hearing is required. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 09/02/2011)

Opposition re: MOTION to AMEND Amended Complaint, 5 MOTION to AMEND Amended Complaint, 5 68 filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Attachments: # 1 Exhibit "A" (Bates Nos. 9-72), # 2 Exhibit "B" and "C" (Bates Nos. 73-101))(Choi, Jin) (Entered: 09/06/2011)

1 Exhibit "A" (Bates Nos. 9-72)

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2 Exhibit "B" and "C" (Bates Nos. 73-101)

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ORDER by Judge Consuelo B. Marshall: granting 69 Request to Substitute Attorney J Edwin Rathbun, Jr as attorney of record in place and stead of Attorney Jin S Choi for Defendnat Herman Delgado. (lom) (Entered: 09/15/2011)

EX PARTE APPLICATION for Leave to Take Plaintiffs' In-Custody Depositions filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Attachments: # 1 Proposed Order)(Choi, Jin) (Entered: 09/19/2011)

1 Proposed Order

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ORDER AUTHORIZING DEPOSITIONS OF IN-CUSTODY PLAINTIFFS HERIBERTO RODRIGUEZ, CARLOS FLORES, ERICK NUNEZ, JUAN CARLOS SANCHEZ AND JUAN TRINIDAD by Magistrate Judge Andrew J. Wistrich: granting 73 Ex Parte Application for Leave. IT IS HEREBY ORDERED that, pursuant to Federal Rules of Civil Procedure Rule 30(a)(2), the Defendants in this action may take the depositions of the following Plaintiffs in this action while they are incarcerated in either a state prison or county jail facility: (1) Heriberto Rodriguez (2) Carlos Flores(3) Erick Nunez (4) Juan Carlos Sanchez (5) Juan Trinidad. IT IS SO ORDERED. (mz) (Entered: 09/21/2011)

MINUTES OF Plaintiff's Motion to File a Second Amended Complaint 68 held before Judge Consuelo B. Marshall. Plaintiffs Motion to file a Second Amended Complaint is granted. Second Amended complaint is deemed filed. Court Reporter: Theresa Lanza. (lom) (Entered: 09/29/2011)

SECOND AMENDED COMPLAINT 5 against Defendants Carlos Flores, Justin Bravo, County of Los Angeles, Daniel Cruz, Herman Delgado, Does, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter, Francisco Alonso, Christopher Blasnek, Enrique Cano, Alejandro Hernandez Castanon, Ivan Delatorre, J Demooy, Arthur Diaz, Jr, Adolph Esqueda, Michael Frazier, Antonio Galindo, Armando Gonzalez, Nicholas Graham, B Jackson, J Hill, M Juarez, R Langarcia, M Lockhart, Michel McGrattan, John McNicholas, J Mendoza, A Montes, Matthew Nowotny, Blake Orlandos, R Patterson, J Puga`, A Rivera, G Rodriguez, Joseph Sanford, Matthew Thomas, Hector Vazquez, Kelley Washington filed by Plaintiffs Carlos Flores, Juan Trinidad, Heriberto Rodriguez, Erick Nunez, Juan Carlos Sanchez. (lom) (Additional attachment(s) added on 10/3/2011: # 1 Summons Issued) (lom). (Entered: 09/29/2011)

1 Summons Issued

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ANSWER to Amended Complaint,,, 76 filed by Defendant Herman Delgado.(Nishimura, Gilbert) (Entered: 10/04/2011)

CERTIFICATE of Interested Parties filed by Defendant Herman Delgado, identifying Herbierto Rodriguez, Carlos Flores, Erick Nunez, Juan Carlos Sanchez, Juan Trinidad, County of Los Angeles, Los Angeles Sheriff's Department. (Nishimura, Gilbert) (Entered: 10/04/2011)

STIPULATION to Extend Discovery Cut-Off Date to January 30, 2012 and February 29, 2012 filed by Plaintiff Carlos Flores, Erick Nunez, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad. (Attachments: # 1 Proposed Order)(Muller, James) (Entered: 10/05/2011)

1 Proposed Order

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STIPULATION for Protective Order filed by Defendants Justin Bravo, County of Los Angeles, Daniel Cruz, Javier Guzman, Los Angeles Sheriff's Department, Andrew Lyons, Matt Onhemus, Carlos Ortega, Frank Quintana, Adrian Ruiz, Clayton Stelter. (Attachments: # 1 Proposed Order)(Choi, Jin) (Entered: 10/18/2011)

1 Proposed Order

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ORDER by Judge Consuelo B. Marshall GRANTING Stipulation to Extend Discovery Cut-Off Date 79, all fact discovery shall be completed on or before January 30, 2012, all expert discovery shall be completed on or before February 29,2012. (jl) (Entered: 10/21/2011)

ANSWER to Amended Complaint,,, 76 filed by Defendants Francisco Alonso, Justin Bravo, Enrique Cano, Alejandro Hernandez Castanon, County of Los Angeles, Daniel Cruz, J Demooy, Arthur Diaz, Jr, Adolph Esqueda, Michael Frazier, Antonio Galindo, Armando Gonzalez, Nicholas Graham, Javier Guzman, J Hill, M Juarez, R Langarcia, M Lockhart, Los Angeles Sheriff's Department, Andrew Lyons, Michel McGrattan, A Montes, Matthew Nowotny, Matt Onhemus, Blake Orlandos, Carlos Ortega, R Patterson, J Puga`, Frank Quintana, A Rivera, Adrian Ruiz, Joseph Sanford, Clayton Stelter, Hector Vazquez.(Choi, Jin) (Entered: 10/25/2011)

Certification and Notice of Interested Parties filed by Defendants Francisco Alonso, Justin Bravo, Enrique Cano, Alejandro Hernandez Castanon, County of Los Angeles, Daniel Cruz, J Demooy, Arthur Diaz, Jr, Adolph Esqueda, Michael Frazier, Antonio Galindo, Armando Gonzalez, Nicholas Graham, Javier Guzman, J Hill, M Juarez, R Langarcia, M Lockhart, Los Angeles Sheriff's Department, Andrew Lyons, Michel McGrattan, A Montes, Matthew Nowotny, Matt Onhemus, Blake Orlandos, Carlos Ortega, R Patterson, J Puga`, Frank Quintana, A Rivera, Adrian Ruiz, Joseph Sanford, Clayton Stelter, Hector Vazquez, (Choi, Jin) (Entered: 10/25/2011)

FILED PROTECTIVE ORDER by Judge Consuelo B. Marshall. (jl) (Entered: 11/08/2011)

ANSWER to Amended Complaint,,, 76 filed by Defendants Francisco Alonso, Justin Bravo, Enrique Cano, Alejandro Hernandez Castanon, County of Los Angeles, Daniel Cruz, J Demooy, Arthur Diaz, Jr, Adolph Esqueda, Michael Frazier, Antonio Galindo, Armando Gonzalez, Nicholas Graham, Javier Guzman, J Hill, M Juarez, R Langarcia, M Lockhart, Los Angeles Sheriff's Department, Andrew Lyons, Michel McGrattan, A Montes, Matthew Nowotny, Matt Onhemus, Blake Orlandos, Carlos Ortega, R Patterson, J Puga`, Frank Quintana, A Rivera, Adrian Ruiz, Joseph Sanford, Clayton Stelter, Matthew Thomas, Hector Vazquez, Kelley Washington.(Choi, Jin) (Entered: 11/08/2011)

Certification and Notice of Interested Parties filed by Defendants Francisco Alonso, Justin Bravo, Enrique Cano, Alejandro Hernandez Castanon, County of Los Angeles, Daniel Cruz, J Demooy, Arthur Diaz, Jr, Adolph Esqueda, Michael Frazier, Antonio Galindo, Armando Gonzalez, Nicholas Graham, Javier Guzman, J Hill, M Juarez, R Langarcia, M Lockhart, Los Angeles Sheriff's Department, Andrew Lyons, Michel McGrattan, A Montes, Matthew Nowotny, Matt Onhemus, Blake Orlandos, Carlos Ortega, R Patterson, J Puga`, Frank Quintana, A Rivera, Adrian Ruiz, Joseph Sanford, Clayton Stelter, Matthew Thomas, Hector Vazquez, Kelley Washington, (Choi, Jin) (Entered: 11/08/2011)

PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Francisco Alonso served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Christopher Blasnek served on 10/14/2011, answer due 11/4/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Enrique Cano served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Alejandro Hernandez Castanon served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Ivan Delatorre served on 10/14/2011, answer due 11/4/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant J Demooy served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Adolph Esqueda served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Michael Frazier served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Antonio Galindo served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant Armando Gonzalez served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Plaintiff Nicholas Graham served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant J Hill served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant B Jackson served on 10/24/2011, answer due 11/14/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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PROOF OF SERVICE Executed by Plaintiff Carlos Flores, Heriberto Rodriguez, Juan Carlos Sanchez, Juan Trinidad, Erick Nunez, upon Defendant M Juarez served on 10/7/2011, answer due 10/28/2011. Service of the Summons and Complaint were executed upon Defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: # 1 Affidavit)(Muller, James) (Entered: 11/10/2011)

1 Affidavit

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