Case: Rodriguez v. County of Los Angeles

2:10-cv-06342 | U.S. District Court for the Central District of California

Filed Date: Aug. 20, 2010

Clearinghouse coding complete

Case Summary

On August 20, 2010, five inmates in the Los Angeles County Men's Central Jail filed this lawsuit in the U.S. District Court for the Central District of California. Proceeding under 42 U.S.C. § 1983 against deputy sheriffs, the plaintiffs, represented by private counsel, sought damages, claiming violations of the Eighth and Fourteenth Amendments to the U.S. Constitution. Specifically, the inmates claimed that the deputies systematically beat them during a cell extraction after the inmates protes…

On August 20, 2010, five inmates in the Los Angeles County Men's Central Jail filed this lawsuit in the U.S. District Court for the Central District of California. Proceeding under 42 U.S.C. § 1983 against deputy sheriffs, the plaintiffs, represented by private counsel, sought damages, claiming violations of the Eighth and Fourteenth Amendments to the U.S. Constitution. Specifically, the inmates claimed that the deputies systematically beat them during a cell extraction after the inmates protested conditions at the Jail by refusing to leave their cells.

On February 25, 2013, Judge Consuelo B. Marshall denied plaintiffs' motion to strike the defendants' answer and enter judgment, but Judge Marshall did grant the plaintiffs' alternative motion to impose other lesser sanctions for spoliation of evidence.

On July 12, 2013, Judge Marshall denied the defendants' motions for summary judgment but granted a defendant's motion for joinder and plaintiffs' motion in limine to admit the Citizens' Commission on Jail Violence Report. The defendants appealed this decision to the Ninth Circuit. The plaintiffs moved that this appeal was frivolous. The Ninth Circuit denied the defendants' motion to stay the district court proceedings pending the appeal. As such, the district court proceedings continued and the Ninth Circuit never ruled on this appeal.

After a five-week trial, on February 5, 2014, the jury returned a unanimous verdict of civil rights violations triggering $710,000 in damages and $240,000 in punitive damages. In addition, the district court awarded $5.4 million in attorney fees based on the difficulty of the litigation and the challenge of representing convicted inmates against law enforcement in a jail conflict. After this judgment, the defendants moved for judgment as a matter of law, to vacate the judgment and for a new trial, to vacate punitive damages, and/or for a new trial. The defendants also appealed the judgment to the Ninth Circuit Court of Appeals. In 2014 and 2015, the defendants filed a total of three amended appeals to the Ninth Circuit.

On May 29, 2014, Judge Marshall denied all defendants' motions (1) for judgment as matter of law; (2) to vacate judgment and for a new trial after resolution of interlocutory qualified immunity appeals; (3) to vacate punitive damages; and (4) for a new trial. 2014 WL 8396787 (C.D. Cal. May 29, 2014).

On December 29, 2014, Judge Marshall issued an order and opinion regarding attorney's fees. Most importantly, Judge Marshall held that (1) California's Bane Act's attorney's fees provision did not conflict with the Prison Litigation Reform Act; (2) the majority of services rendered in opposition to summary judgment would be as §1983 only time (and therefore receiving lower reimbursement rates), rather than under the Bane Act; and (3) inmates were entitled to recover fully compensatory attorneys' fees. 2014 WL 8390755 (C.D. Cal. Dec. 29, 2014).

In the district court, the plaintiffs moved to retax costs and to award nontaxable expenses on May 15, 2015. They sought a total of $89,648.64. On November 12, 2015, the court denied the plaintiffs' motion to retax costs and granted their motion to award nontaxable costs of $39,928.35.

On May 30, 2018, the Ninth Circuit (Circuit Judges William A. Fletcher and Sandra S. Ikuta, and District Judge Sarah Evans Barker, sitting by designation) affirmed the district court's judgment in favor of plaintiffs, award of compensatory and punitive damages, and award of attorneys' fees. 891 F.3d 776 (9th Cir. 2018). Specifically, the panel denied the defendants' request to vacate the final judgment on the basis that the district court lacked jurisdiction. Regarding the exhaustion of administrative remedies, the panel held that the district court did not clearly err in finding that a reasonable fear of retaliation made the grievance system effectively unavailable for appellees. Additionally, the panel found that the district court did not err in denying the defendants' motion for judgment as a matter of law based on qualified immunity: there was sufficient evidence of a constitutional violation and the law was clearly established. The supervisors were not entitled to qualified immunity or immunity under state law. Further, the panel held that the record supported the jury's verdict and the district court's ruling of municipal liability. Finally, the panel upheld the jury's award of punitive damages and the district court's attorneys' fee award.

The parties agreed that the plaintiffs will be paid an additional $825,000.00 in attorneys' fees and costs relating to the appeal. The parties also agreed that the plaintiffs were owed post-judgment interest on compensatory damages, punitive damages, attorneys' fees, and costs. Thus, the final total amount of the judgment was $7,289,973.77.

Summary Authors

Jessica Kincaid (10/30/2015)

Eva Richardson (1/4/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4146088/parties/heriberto-rodriguez-v-county-of-los-angeles/


Judge(s)

Marshall, Consuelo Bland (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Kaye, Ronald O. (California)

LaHue, Kevin J. (California)

Litt, Barrett S. (California)

McLane, David S. (California)

Muller, James S. (California)

Weisberg, Caitlin S. (California)

Attorneys(s) for Defendant

Allen, Matthew Philip (California)

Beach, Paul B (California)

Judge(s)

Marshall, Consuelo Bland (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Kaye, Ronald O. (California)

LaHue, Kevin J. (California)

Litt, Barrett S. (California)

McLane, David S. (California)

Muller, James S. (California)

Weisberg, Caitlin S. (California)

Attorneys(s) for Defendant

Allen, Matthew Philip (California)

Beach, Paul B (California)

Cha, Daniel S. (California)

Choi, Jin S (California)

Gonzales, Dennis Michael (California)

Lawrence, David D. (California)

Morris, George E. Jr. (California)

Nishimura, Gilbert M. (California)

Pongracz, Andrew Charles (California)

Rathbun, J. Edwin (California)

Documents in the Clearinghouse

Document

2:10-cv-06342

13-56292

14-55374

Docket [PACER]

Dec. 7, 2018

Dec. 7, 2018

Docket
1

2:10-cv-06342

Complaint for Damages for Violations of Federal Civil Rights (Eighth and Fourteenth Amendment)

Aug. 25, 2010

Aug. 25, 2010

Complaint
76

2:10-cv-06342

Second Amended Complaint for Damages for Violations of Federal Civil Rights (Eighth and Fourteenth Amendment)

Sept. 26, 2011

Sept. 26, 2011

Complaint
202

2:10-cv-06342

Order Denying Plaintiff's Motion to Strike Defendants' Answer and Enter Judgment but Granting Plaintiffs' Alternative to Impose Other Lesser Sanctions for Spoliation of Evidence

Feb. 25, 2013

Feb. 25, 2013

Order/Opinion
261

2:10-cv-06342

Order Denying Motions for Summary Judgment, Granting Motion for Joinder, and Granting Motion in Limine

July 12, 2013

July 12, 2013

Order/Opinion
297

2:10-cv-06342

Defendant Hernan Delgado's Memorandum of Contentions of Fact and Law

July 29, 2013

July 29, 2013

Pleading / Motion / Brief
295

2:10-cv-06342

Plaintiffs' Memorandum of Contentions of Fact and Law

July 29, 2013

July 29, 2013

Pleading / Motion / Brief
626

2:10-cv-06342

Judgment

Feb. 5, 2014

Feb. 5, 2014

Order/Opinion
693

2:10-cv-06342

Order Denying Defendants' Motions (1) for Judgment as a Matter of Law; (2) Motion to Vacate Judgment as to Moving Defendant as and for a New Trial for These Defendants After Resolution of Interlocutory Qualified Immunity Appeals; (3) to Vacate...

2014 WL 8396787

May 29, 2014

May 29, 2014

Order/Opinion
750

2:10-cv-06342

Defendants' Third Amended Notice of Appeal (Ninth Circuit Docket No. 14-55374) as to Docket No. 747

June 26, 2014

June 26, 2014

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4146088/heriberto-rodriguez-v-county-of-los-angeles/

Last updated Aug. 7, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

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)

Aug. 25, 2010

Aug. 25, 2010

RECAP
2

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)

Aug. 25, 2010

Aug. 25, 2010

PACER
3

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

Sept. 20, 2010

Sept. 20, 2010

PACER
4

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)

Sept. 21, 2010

Sept. 21, 2010

PACER
5

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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Sept. 22, 2010

Sept. 22, 2010

PACER
6

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

View on PACER

Oct. 5, 2010

Oct. 5, 2010

PACER
7

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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Oct. 5, 2010

Oct. 5, 2010

PACER
8

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

View on PACER

Oct. 5, 2010

Oct. 5, 2010

PACER
9

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

View on PACER

Oct. 5, 2010

Oct. 5, 2010

PACER
10

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

View on PACER

Oct. 5, 2010

Oct. 5, 2010

PACER
11

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

View on PACER

Oct. 5, 2010

Oct. 5, 2010

PACER
12

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

View on PACER

Oct. 5, 2010

Oct. 5, 2010

PACER
13

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

View on PACER

Oct. 5, 2010

Oct. 5, 2010

PACER
14

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)

Oct. 5, 2010

Oct. 5, 2010

PACER
15

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)

Oct. 22, 2010

Oct. 22, 2010

PACER
16

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)

Oct. 22, 2010

Oct. 22, 2010

PACER
17

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)

Oct. 26, 2010

Oct. 26, 2010

PACER
18

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)

Nov. 1, 2010

Nov. 1, 2010

PACER
19

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)

Nov. 1, 2010

Nov. 1, 2010

PACER
20

[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)

Nov. 17, 2010

Nov. 17, 2010

PACER
21

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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Nov. 17, 2010

Nov. 17, 2010

PACER
22

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)

Nov. 18, 2010

Nov. 18, 2010

PACER
23

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)

Nov. 18, 2010

Nov. 18, 2010

PACER
24

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)

Nov. 18, 2010

Nov. 18, 2010

PACER
25

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)

Nov. 18, 2010

Nov. 18, 2010

PACER
26

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)

Nov. 18, 2010

Nov. 18, 2010

PACER
27

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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Nov. 18, 2010

Nov. 18, 2010

PACER
28

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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Nov. 24, 2010

Nov. 24, 2010

PACER
29

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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Dec. 6, 2010

Dec. 6, 2010

PACER
30

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)

Dec. 13, 2010

Dec. 13, 2010

PACER
31

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)

Dec. 13, 2010

Dec. 13, 2010

PACER
32

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)

Dec. 21, 2010

Dec. 21, 2010

PACER
33

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)

Dec. 22, 2010

Dec. 22, 2010

PACER
34

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)

Jan. 4, 2011

Jan. 4, 2011

PACER
35

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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Jan. 6, 2011

Jan. 6, 2011

PACER
36

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)

Jan. 7, 2011

Jan. 7, 2011

PACER
37

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)

Jan. 25, 2011

Jan. 25, 2011

PACER
38

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)

Jan. 25, 2011

Jan. 25, 2011

PACER
39

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)

Jan. 25, 2011

Jan. 25, 2011

PACER
40

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)

Jan. 25, 2011

Jan. 25, 2011

PACER
41

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)

Feb. 7, 2011

Feb. 7, 2011

PACER
42

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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Feb. 11, 2011

Feb. 11, 2011

PACER
43

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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Feb. 14, 2011

Feb. 14, 2011

PACER
49

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)

Feb. 14, 2011

Feb. 14, 2011

PACER
44

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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Feb. 14, 2011

Feb. 14, 2011

PACER
45

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)

Feb. 14, 2011

Feb. 14, 2011

PACER
46

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)

Feb. 14, 2011

Feb. 14, 2011

PACER
47

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)

Feb. 15, 2011

Feb. 15, 2011

PACER
48

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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Feb. 15, 2011

Feb. 15, 2011

PACER
50

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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Feb. 18, 2011

Feb. 18, 2011

PACER
51

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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Feb. 22, 2011

Feb. 22, 2011

PACER
52

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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April 27, 2011

April 27, 2011

PACER
53

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)

April 27, 2011

April 27, 2011

PACER
54

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)

April 28, 2011

April 28, 2011

PACER
55

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)

May 3, 2011

May 3, 2011

PACER
56

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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May 4, 2011

May 4, 2011

PACER
57

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)

May 9, 2011

May 9, 2011

PACER
58

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)

May 16, 2011

May 16, 2011

PACER
59

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)

May 20, 2011

May 20, 2011

PACER
60

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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June 9, 2011

June 9, 2011

PACER
61

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)

June 9, 2011

June 9, 2011

PACER
62

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)

July 25, 2011

July 25, 2011

PACER
63

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

Aug. 2, 2011

Aug. 2, 2011

PACER
64

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)

Aug. 4, 2011

Aug. 4, 2011

PACER
65

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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Aug. 9, 2011

Aug. 9, 2011

PACER
66

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)

Aug. 12, 2011

Aug. 12, 2011

PACER
67

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)

Aug. 12, 2011

Aug. 12, 2011

PACER
68

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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Aug. 26, 2011

Aug. 26, 2011

PACER
69

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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Aug. 30, 2011

Aug. 30, 2011

PACER
70

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)

Sept. 2, 2011

Sept. 2, 2011

PACER
71

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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Sept. 6, 2011

Sept. 6, 2011

PACER
72

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)

Sept. 13, 2011

Sept. 13, 2011

PACER
73

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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Sept. 19, 2011

Sept. 19, 2011

PACER
74

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)

Sept. 21, 2011

Sept. 21, 2011

PACER
75

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)

Sept. 26, 2011

Sept. 26, 2011

PACER
76

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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Sept. 26, 2011

Sept. 26, 2011

PACER
77

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

Oct. 4, 2011

Oct. 4, 2011

PACER
78

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)

Oct. 4, 2011

Oct. 4, 2011

PACER
79

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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Oct. 5, 2011

Oct. 5, 2011

PACER
80

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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Oct. 18, 2011

Oct. 18, 2011

PACER
81

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)

Oct. 21, 2011

Oct. 21, 2011

PACER
82

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)

Oct. 25, 2011

Oct. 25, 2011

PACER
83

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)

Oct. 25, 2011

Oct. 25, 2011

PACER
84

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

Nov. 8, 2011

Nov. 8, 2011

PACER
85

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)

Nov. 8, 2011

Nov. 8, 2011

PACER
86

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)

Nov. 8, 2011

Nov. 8, 2011

PACER
87

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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Nov. 10, 2011

Nov. 10, 2011

PACER
88

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
89

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
90

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
91

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
92

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
93

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
94

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
95

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
96

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
97

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
98

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
99

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER
100

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

View on PACER

Nov. 10, 2011

Nov. 10, 2011

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 20, 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Five inmates at the Los Angeles County Men's Central Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Kaye, McLane, Bednarski & Litt

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Los Angeles County (Los Angeles), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $7,289,973.77

Issues

General:

Assault/abuse by staff

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Affected Gender:

Male

Type of Facility:

Government-run