Case: Slusher v. City of Napa

4:15-cv-02394 | U.S. District Court for the Northern District of California

Filed Date: May 29, 2015

Closed Date: Dec. 20, 2018

Clearinghouse coding complete

Case Summary

On January 30, 2014, a three year-old child was killed by her mother and her mother’s boyfriend. In the week leading up to the child’s death, her grandmother had contacted both the Napa Police Department and the Napa County Child Welfare Services, informing individual defendants of the dangerous environment that the child was in living with her mother and mother’s boyfriend. On May 29, 2015, the child’s father, on his own behalf and also as the decedent’s successor in interest, along with her g…

On January 30, 2014, a three year-old child was killed by her mother and her mother’s boyfriend. In the week leading up to the child’s death, her grandmother had contacted both the Napa Police Department and the Napa County Child Welfare Services, informing individual defendants of the dangerous environment that the child was in living with her mother and mother’s boyfriend.

On May 29, 2015, the child’s father, on his own behalf and also as the decedent’s successor in interest, along with her grandmother and grandfather filed this lawsuit in the U.S. District Court for the Northern District of California. The parties were represented by private counsel. They brought suit against the City of Napa and Napa County, as well as against a number of individual employees of the Napa Police Department and Napa County Child Welfare Services under 42 U.S.C. § 1983 and state tort law causes of action. Specifically, they alleged that the defendants, by their violation of mandatory duties to investigate and/or report child abuse and/or neglect, in part caused the death of three year-old plaintiff, violating their Fourteenth Amendment substantive and procedural due process rights. The plaintiffs sought damages, declaratory and injunctive relief, and attorney’s fees. The injunctive relief sought included policies and procedures for compliance with mandatory duties for handling reports and investigations of child abuse and/or neglect, prohibition of the “code of silence” among law enforcement officers, and changes to law enforcement officer training surrounding mandatory duties. The case was originally assigned to Magistrate Judge Joseph C. Spero but was reassigned to Judge Saundra Brown Armstrong on June 3, 2015.

The plaintiffs filed an amended complaint on July 1, 2015, further developing their 42 U.S.C. § 1983 and state law claims. In response, the defendants moved to dismiss the case on September 4. On December 12, 2015, the judge issued an order granting in part and denying in part the defendants’ motions to dismiss. The order dismissed the substantive and procedural due process claims, among others, with leave to amend, and allowed the plaintiffs’ state law claims to proceed.

In response to the order, the plaintiffs filed a second amended complaint on January 7, 2016 in attempts to remedy the deficiencies of the earlier complaint. The defendants again moved to dismiss on April 20, 2016 and filed a motion to stay the action. Judge Armstrong denied the motion to stay on June 9, 2016, but granted in part and denied in part the motions to dismiss on December 7, 2016. The latter order dismissed all of plaintiffs’ federal claims, without further leave to amend. In response to the December 7 order, plaintiffs filed an appeal to the Ninth Circuit Court of Appeals on December 14, 2016, appealing the dismissal of their federal claims. USCA 16-17304.

While the appeal was pending, parties began settlement negotiations in the fall of 2017, which culminated with the finalization of a settlement agreement on December 6, 2018.

The case was settled for $5,000,000, as well as non-monetary relief in the form of policy and training changes. These changes included instituting explicit cross-reporting requirements and clarifying mandatory reporting duties.

The plaintiffs then voluntarily dismissed their pending appeal on December 20, 2018. The case is closed.

Summary Authors

Rachel Kreager (9/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5976544/parties/kayleigh-slusher-v-city-of-napa/


Judge(s)

Armstrong, Saundra Brown (California)

Beeler, Laurel (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Guertin, Genevieve K. (California)

Haddad, Michael J. (California)

Helm, Thomas Kennedy IV (California)

Katon, Glenn M. (California)

Sherwin, Julia (California)

Sorensen, Maya Rodriguez (California)

Attorneys(s) for Defendant

Dyer, Gregory F (California)

Judge(s)

Armstrong, Saundra Brown (California)

Beeler, Laurel (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Guertin, Genevieve K. (California)

Haddad, Michael J. (California)

Helm, Thomas Kennedy IV (California)

Katon, Glenn M. (California)

Sherwin, Julia (California)

Sorensen, Maya Rodriguez (California)

Attorneys(s) for Defendant

Dyer, Gregory F (California)

Fox, Gregory Mellon (California)

Hamilton, Bonnie A (California)

Jones, Mark A (California)

Preston, Kristen K (California)

Snyder, Meaghan Ann (California)

Tran, Joanne (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 20, 2018 Docket
1

Complaint for Damages, Declaratory, and Injunctive Relief, and Demand for Jury Trial

May 29, 2015 Complaint
45

Order Granting in Part and Denying in Part Defendants' Motions to Dismiss and Order of Reference for Early Settlement Conference

2015 WL 8527411

Dec. 11, 2015 Order/Opinion
52

Second Amended Complaint for Damages, Declaratory, and Injunctive Relief, and Demand for Jury Trial

Jan. 7, 2016 Complaint
126

Order Granting in Part and Denying in Part as Moot Defendants' Motions to Dismiss

Dec. 7, 2016 Order/Opinion

Settlement Agreement and Release

No Court

Dec. 5, 2018 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5976544/kayleigh-slusher-v-city-of-napa/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT for Damages, Declaratory, and Injunctive Relief and Demand for Jury Trial against All Defendants (Filing fee $ 400.00, receipt number 0971-9557716.). Filed by Robin Slusher, Jason Slusher, Benny Slusher, Kayleigh Slusher. (Guertin, Genevieve) (Filed on 5/29/2015) Modified on 5/29/2015 (gbaS, COURT STAFF). (Entered: 05/29/2015)

May 29, 2015 RECAP
2

Civil Cover Sheet by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher . (Guertin, Genevieve) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
3

Proposed Summons. (Guertin, Genevieve) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
4

Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bwS, COURT STAFF) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher.. (Guertin, Genevieve) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
6

NOTICE of Appearance by Julia Sherwin (Sherwin, Julia) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
7

NOTICE of Appearance by Michael J. Haddad (Haddad, Michael) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
8

NOTICE of Appearance by Thomas Kennedy Helm, IV (Helm, Thomas) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
9

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/21/2015. Case Management Conference set for 8/28/2015 02:00 PM in Courtroom G, 15th Floor, San Francisco. (Attachments: # 1 Standing Order) (gbaS, COURT STAFF) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
10

Summons Issued as to Police Officer Deguilio, Rocio Diaz-Lara, Nancy Lefler, Richard Melton, City of Napa, County of Napa, Garrett Wade. (gbaS, COURT STAFF) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015 PACER
11

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 6/2/2015) (Entered: 06/02/2015)

June 2, 2015 PACER
12

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Saundra Brown Armstrong for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by Executive Committee on 6/3/15. (as, COURT STAFF) (Filed on 6/3/2015) Modified on 6/3/2015 (as, COURT STAFF). PLEASE DISREGARD THIS ENTRY PLEASE SEE DOCUMENT NUMBER 13. as (Entered: 06/03/2015)

June 3, 2015 PACER
13

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Saundra Brown Armstrong for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by Executive Committee on 6/3/15. (as, COURT STAFF) (Filed on 6/3/2015) (Entered: 06/03/2015) (as, COURT STAFF) (Filed on 6/3/2015) (Entered: 06/03/2015)

June 3, 2015 PACER
14

NOTICE of Unavilability of Plaintiffs' Counsel, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher (Guertin, Genevieve) (Filed on 6/29/2015) Modified on 6/30/2015 (jlmS, COURT STAFF). (Entered: 06/29/2015)

June 29, 2015 PACER
15

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Statement due by 7/23/2015. Telephonic Case Management Conference set for 7/30/2015 03:00 PM. Signed by Judge Saundra Brown Armstrong on 6/30/2015. (mklS, COURT STAFF) (Filed on 6/30/2015) (Entered: 06/30/2015)

June 30, 2015 PACER
16

AMENDED COMPLAINT with Jury Demand, against Garrett Wade, County of Napa, City of Napa, Richard Melton, Nancy Lefler, Rocio Diaz-Lara, Police Officer Deguilio. Filed by Robin Slusher, Jason Slusher, Benny Slusher, Kayleigh Slusher. (Sherwin, Julia) (Filed on 7/1/2015) Modified on 7/6/2015 (jlmS, COURT STAFF). (Entered: 07/01/2015)

July 1, 2015 RECAP
17

AMENDED CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Statement due by 9/3/2015. Case Management Conference set for 9/10/2015 02:30 PM, via Telephone. Signed by Judge Saundra Brown Armstrong on 7/2/2015. (mklS, COURT STAFF) (Filed on 7/2/2015) Modified on 7/6/2015 (jlmS, COURT STAFF). (Entered: 07/02/2015)

July 2, 2015 PACER
18

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiffs (Guertin, Genevieve) (Filed on 8/7/2015) (Entered: 08/07/2015)

Aug. 7, 2015 PACER
19

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) by Plaintiffs (Guertin, Genevieve) (Filed on 8/7/2015) (Entered: 08/07/2015)

Aug. 7, 2015 PACER
20

STIPULATION WITH PROPOSED ORDER SETTING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS, HEARING DATE AND CONTINUING CASE MANAGEMENT CONFERENCE DATE re 17 Case Management Scheduling Order, filed by Police Officer Deguilio, City of Napa, Garrett Wade, Kayleigh Slusher, Jason Slusher, Benny Slusher, Robin Slusher. (Fox, Gregory) (Filed on 8/18/2015) Modified on 8/19/2015 (jlmS, COURT STAFF). (Entered: 08/18/2015)

Aug. 18, 2015 PACER
21

ORDER AS MODIFIED by Judge Saundra Brown Armstrong granting 20 Stipulation Setting Briefing Schedule for Motions to Dismiss and Continuing Case Management Conference Date. (mklS, COURT STAFF) (Filed on 8/19/2015) (Entered: 08/19/2015)

Aug. 19, 2015 PACER

Set/Reset Deadlines Re: 21 Order on Stipulation: Responses due by 10/9/2015. Replies due by 10/23/2015. Motion Hearing set for 12/9/2015 01:30 PM before Hon. Saundra Brown Armstrong. Case Management Statement due by 12/9/2015. Telephonic Case Management Conference reset for 12/16/2015 02:30 PM. (mklS, COURT STAFF) (Filed on 8/19/2015)

Aug. 19, 2015 PACER
22

MOTION to Dismiss, filed by Police Officer Deguilio, City of Napa, Garrett Wade, Richard Melton. Motion Hearing set for 12/9/2015 01:00 PM before Hon. Saundra Brown Armstrong. Responses due by 10/9/2015. Replies due by 10/23/2015. (Attachments: # 1 Proposed Order)(Fox, Gregory) (Filed on 9/4/2015) Modified on 9/8/2015 (jlmS, COURT STAFF). (Entered: 09/04/2015)

Sept. 4, 2015 PACER
23

MOTION to Dismiss, filed by Rocio Diaz-Lara, Nancy Lefler, County of Napa. Motion Hearing set for 12/9/2015 01:00 PM before Hon. Saundra Brown Armstrong. Responses due by 10/9/2015. Replies due by 10/23/2015. (Attachments: # 1 Appendix A)(Jones, Mark) (Filed on 9/4/2015) Modified on 9/8/2015 (jlmS, COURT STAFF). (Entered: 09/04/2015)

Sept. 4, 2015 PACER
24

Proposed Order re 23 MOTION to Dismiss by Rocio Diaz-Lara, Nancy Lefler, County of Napa. (Jones, Mark) (Filed on 9/9/2015) (Entered: 09/09/2015)

Sept. 9, 2015 PACER
25

NOTICE of Appearance of Kristen K. Preston as Counsel, filed by Rocio Diaz-Lara, Nancy Lefler, County of Napa (Preston, Kristen) (Filed on 9/10/2015) Modified on 9/11/2015 (jlmS, COURT STAFF). (Entered: 09/10/2015)

Sept. 10, 2015 PACER
26

STIPULATION WITH PROPOSED PROTECTIVE ORDER, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher, Police Officer Deguilio, Rocio Diaz-Lara, Nancy Lefler, City of Napa, County of Napa, Garret Wade. (Sherwin, Julia) (Filed on 9/11/2015) Modified on 9/14/2015 (jlmS, COURT STAFF). (Entered: 09/11/2015)

Sept. 11, 2015 PACER
27

NOTICE of Appearance of Meaghan Ann Snyder as Counsel, filed by Police Officer Deguilio, City of Napa, Garret Wade (Snyder, Meaghan) (Filed on 9/11/2015) Modified on 9/14/2015 (jlmS, COURT STAFF). (Entered: 09/11/2015)

Sept. 11, 2015 PACER
28

ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Saundra Brown Armstrong on 9/11/15. (jebS, COURT STAFF) (Filed on 9/11/2015) (Entered: 09/11/2015)

Sept. 11, 2015 PACER

CASE REFERRED to Magistrate Judge Joseph C. Spero for Discovery (ahm, COURT STAFF) (Filed on 9/14/2015)

Sept. 14, 2015 PACER
29

First MOTION for Leave to File Excess Pages (Not to Exceed 20 Pages) filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Sherwin, Julia) (Filed on 9/15/2015) (Entered: 09/15/2015)

Sept. 15, 2015 PACER
30

Declaration of Julia Sherwin in Support of 29 First MOTION for Leave to File Excess Pages (Not to Exceed 20 Pages) filed byBenny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Related document(s) 29 ) (Sherwin, Julia) (Filed on 9/15/2015) (Entered: 09/15/2015)

Sept. 15, 2015 PACER
31

Proposed Order re 29 First MOTION for Leave to File Excess Pages (Not to Exceed 20 Pages) by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Sherwin, Julia) (Filed on 9/15/2015) (Entered: 09/15/2015)

Sept. 15, 2015 PACER
32

Memorandum in Opposition re 29 Motion for Leave to File Excess Pages, filed by Police Officer Deguilio, Richard Melton, City of Napa, Garrett Wade. (Attachments: # 1 Proposed Order)(Fox, Gregory) (Filed on 9/16/2015) Modified on 9/17/2015 (jlmS, COURT STAFF). (Entered: 09/16/2015)

Sept. 16, 2015 PACER
33

Order, signed 9/16/15, by Chief Magistrate Judge Joseph C. Spero granting 26 Stipulated Protective Order.(klhS, COURT STAFF) (Filed on 9/16/2015) (Entered: 09/16/2015)

Sept. 16, 2015 PACER
34

NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. Signed by Chief Magistrate Judge Joseph C. Spero on 9/16/15. (klhS, COURT STAFF) (Filed on 9/16/2015) (Entered: 09/16/2015)

Sept. 16, 2015 RECAP
35

ORDER DENYING ADMINISTRATIVE MOTION TO EXCEED PAGE LIMITS by Hon. Saundra Brown Armstrong re 29 Motion for Leave to File Excess Pages.(jebS, COURT STAFF) (Filed on 9/16/2015) (Entered: 09/16/2015)

Sept. 16, 2015 PACER
36

RESPONSE (re 23 MOTION to Dismiss,) filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Haddad, Michael) (Filed on 10/9/2015) Modified on 10/9/2015 (jlm, COURT STAFF). (Entered: 10/09/2015)

Oct. 9, 2015 PACER
37

RESPONSE (re 22 MOTION to Dismiss, ) filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Haddad, Michael) (Filed on 10/9/2015) Modified on 10/9/2015 (jlm, COURT STAFF). (Entered: 10/09/2015)

Oct. 9, 2015 PACER
38

ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, November 17, 2015, at 3:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 10/22/2015) (Entered: 10/22/2015)

Oct. 22, 2015 PACER
39

REPLY (re 23 MOTION to Dismiss ) filed byRocio Diaz-Lara, Nancy Lefler, County of Napa. (Jones, Mark) (Filed on 10/22/2015) (Entered: 10/22/2015)

Oct. 22, 2015 PACER
40

REPLY (re 22 MOTION to Dismiss, ) filed byPolice Officer Deguilio, Richard Melton, City of Napa, Garrett Wade. (Fox, Gregory) (Filed on 10/22/2015) (Entered: 10/22/2015)

Oct. 22, 2015 PACER

ADR Remark: The ADR Phone Conference has been rescheduled to 12/1/15 at 2:00 p.m. Dial-in information remains the same. (tjs, COURT STAFF) (Filed on 11/3/2015)

Nov. 3, 2015 PACER
41

CLERK'S NOTICE Vacating Motion Hearings. 22 & 23 Motions to Dismiss, which have been noticed for Wednesday, 12/09/2015, will be decided on papers submitted without oral argument. Accordingly, the hearings are hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmiS, COURT STAFF) (Filed on 11/24/2015) (Entered: 11/24/2015)

Nov. 24, 2015 PACER

ADR Remark: ADR Phone Conference held by Tamara Lange, ADR Program Staff Attorney, on 12/1/15. (af, COURT STAFF) (Filed on 12/2/2015)

Dec. 2, 2015 PACER
42

NOTICE of Change In Counsel as to T. Kennedy Helm, IV, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher (Helm, T.) (Filed on 12/4/2015) Modified on 12/7/2015 (jlmS, COURT STAFF). (Entered: 12/04/2015)

Dec. 4, 2015 PACER
43

NOTICE of Unavailability of Plaintiffs' Counsel, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher (Sherwin, Julia) (Filed on 12/7/2015) Modified on 12/8/2015 (jlmS, COURT STAFF). (Entered: 12/07/2015)

Dec. 7, 2015 PACER
44

JOINT CASE MANAGEMENT STATEMENT, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher, Police Officer Deguilio, Rocio Diaz-Lara, Nancy Lefler, City of Napa, County of Napa, Garrett Wade. (Sherwin, Julia) (Filed on 12/8/2015) Modified on 12/9/2015 (jlmS, COURT STAFF). (Entered: 12/08/2015)

Dec. 8, 2015 PACER
45

ORDER Granting in Part and Denying in Part 22 and 23 Defendants' Motions to Dismiss and Order Referring Case to Magistrate Judge Donna M. Ryu for Early Settlement Conference. Signed by Judge Saundra Brown Armstrong on 12/10/2015. (tmiS, COURT STAFF) (Filed on 12/11/2015) (Entered: 12/11/2015)

Dec. 11, 2015 RECAP
46

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Telephonic Case Management Conference, previously set for Wednesday, 12/16/2015, is continued to Thursday, 03/31/2016, at 2:30 PM. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than seven (7) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call (510) 879-3550 at the above indicated date and time. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmiS, COURT STAFF) (Filed on 12/11/2015) (Entered: 12/11/2015)

Dec. 11, 2015 PACER

CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 12/11/2015)

Dec. 11, 2015 PACER
47

Order Setting Settlement Conference: Settlement Conference set for 3/7/2016 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 12/21/16. (ig, COURT STAFF) (Filed on 12/21/2015) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
48

Letter from Gregory M. Fox Re Settlement Conference. (Fox, Gregory) (Filed on 12/23/2015) (Entered: 12/23/2015)

Dec. 23, 2015 PACER
49

STIPULATION WITH PROPOSED ORDER RE MANDATORY SETTLEMENT CONFERENCE re 47 Order Setting Settlement Conference, filed by Police Officer Deguilio, City of Napa, Garrett Wade, Rocio Diaz_lara, Nancy Lefler, County of Napa, Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Fox, Gregory) (Filed on 1/6/2016) Modified on 1/7/2016 (jlmS, COURT STAFF). (Entered: 01/06/2016)

Jan. 6, 2016 PACER
50

Letter re Request to be excused from attendance at Settlement Conference, from Mark A. Jones Attorney for County of Napa, Nancy Lefler and Rocio Diaz-Lara, dated 01/05/16. (Jones, Mark) (Filed on 1/6/2016) Modified on 1/7/2016 (jlmS, COURT STAFF). (Entered: 01/06/2016)

Jan. 6, 2016 PACER
51

MOTION for Leave to File Motion for Clarification of Partial Reconsideration, filed by Police Officer Deguilio, City of Napa, Garrett Wade, Richard Melton. (Attachments: # 1 Proposed Order)(Fox, Gregory) (Filed on 1/6/2016) Modified on 1/7/2016 (jlmS, COURT STAFF). (Entered: 01/06/2016)

Jan. 6, 2016 PACER
52

SECOND AMENDED COMPLAINT with Jury Demand, against Police Officer Deguilio, Rocio Diaz-Lara, Nancy Lefler, Richard Melton, City of Napa, County of Napa, Garrett Wade, Robert Chambers, Garrett Smith, Joshua Smith. Filed by Robin Slusher, Jason Slusher, Benny Slusher, Kayleigh Slusher. (Sherwin, Julia) (Filed on 1/7/2016) Modified on 1/8/2016 (jlmS, COURT STAFF). (Entered: 01/07/2016)

Jan. 7, 2016 RECAP
53

ORDER by Magistrate Judge Donna M. Ryu granting 49 Stipulation to Reschedule Settlement Conference. (ig, COURT STAFF) (Filed on 1/7/2016) Modified on 1/8/2016 (ig, COURT STAFF). (Entered: 01/08/2016)

Jan. 7, 2016 PACER

Set/Reset Hearing re 53 Order on Stipulation: Settlement Conference rescheduled to 3/1/2016 11:00 AM. (ig, COURT STAFF) (Filed on 1/7/2016)

Jan. 7, 2016 PACER
54

Order by Hon. Saundra Brown Armstrong denying 51 Defendants' Motion for Leave to File Motion for Clarification or Reconsideration.(tmiS, COURT STAFF) (Filed on 1/11/2016) (Entered: 01/11/2016)

Jan. 11, 2016 PACER
55

Letter to Magistrate Judge Donna M. Ryu re Request to be excused from attendance at Settlement Conference, from Mark A. Jones Attorney for County of Napa, Nancy Lefler and Rocio Diaz-Lara, dated 01/12/16. (Attachments: # 1 Proposed Order to be excused from attendance at settlement conference)(Jones, Mark) (Filed on 1/12/2016) Modified on 1/13/2016 (jlm, COURT STAFF). (Entered: 01/12/2016)

Jan. 12, 2016 PACER
56

ORDER (AS MODIFIED) Granting Defendants Nancy Lefler and Rocio Diaz-Lara to be excused from attendance at Settlement Conference re 55 Letter, filed by Nancy Lefler, County of Napa, Rocio Diaz-Lara. Signed by Magistrate Judge Donna M. Ryu on 1/14/16. (ig, COURT STAFF) (Filed on 1/14/2016) (Entered: 01/15/2016)

Jan. 14, 2016 RECAP
57

MOTION (UNOPPOSED MOTION) to allow telephone appearance by Benny Slusher and for Writ of Habeas Corpus Ad Testificandum for Jason Slusher to attend settlement conference re Set/Reset Hearings, 53 Order on Stipulation filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. Responses due by 2/1/2016. Replies due by 2/8/2016. (Sherwin, Julia) (Filed on 1/18/2016) (Entered: 01/18/2016)

Jan. 18, 2016 PACER
58

Declaration of Julia Sherwin in Support of 57 MOTION (UNOPPOSED MOTION) to allow telephone appearance by Benny Slusher and for Writ of Habeas Corpus Ad Testificandum for Jason Slusher to attend settlement conference re Set/Reset Hearings, 53 Order on Stipulation filed byBenny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Related document(s) 57 ) (Sherwin, Julia) (Filed on 1/18/2016) (Entered: 01/18/2016)

Jan. 18, 2016 PACER
59

Proposed Order re 57 MOTION (UNOPPOSED MOTION) to allow telephone appearance by Benny Slusher and for Writ of Habeas Corpus Ad Testificandum for Jason Slusher to attend settlement conference re Set/Reset Hearings, 53 Order on Stipulation by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Sherwin, Julia) (Filed on 1/18/2016) (Entered: 01/18/2016)

Jan. 18, 2016 PACER
60

ORDER RE: PLAINTIFFS' MOTION REGARDING APPEARANCES OF BENNY SLUSHER AND JASON SLUSHER AT SETTLEMENT CONFERENCE (SEE ORDER FOR ALL PARTICULARS). Motions terminated: 57 Motion to allow telephone appearance by Benny Slusher and for Writ of Habeas Corpus Ad Testificandum for Jason Slusher to attend settlement conference. Signed by Magistrate Judge Donna M. Ryu on 1/20/16. (ig, COURT STAFF) (Filed on 1/20/2016) (Entered: 01/20/2016)

Jan. 20, 2016 RECAP
61

MOTION for Writ of Habeas Corpus ad testificandum with Proposed Order and Writ, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Sherwin, Julia) (Filed on 1/26/2016) Modified on 1/27/2016 (jlmS, COURT STAFF). (Entered: 01/26/2016)

Jan. 26, 2016 PACER
62

CLERK'S NOTICE: Although the Court will issue the proposed writ 61, which will be filed as a separate docket entry, Plaintiffs' counsel is responsible for making sure that the writ conforms to the requirements of the CDCR. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 1/27/2016) (Entered: 01/27/2016)

Jan. 27, 2016 PACER
63

ORDER by Magistrate Judge Donna M. Ryu granting 61 Motion for Writ of Habeas Corpus ad testificandum as to Jason Slusher. (ig, COURT STAFF) (Filed on 1/27/2016) (Entered: 01/27/2016)

Jan. 27, 2016 PACER
64

CERTIFICATE OF SERVICE to Frank Aguiar, Litigation Coordinator - II at CDCR re 63 Order on Motion for Writ of Habeas Corpus ad testificandum (ig, COURT STAFF) (Filed on 2/2/2016) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
65

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 3/1/2016. Parties are invited to call Judge Ryu for further assistance. See minute Order for all particulars. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 3/1/2016) (Entered: 03/02/2016)

March 1, 2016 PACER
66

STIPULATION WITH PROPOSED ORDER RE: BRIEFING SCHEDULE FOR DEFENDANTS' MOTIONS TO DISMISS AND CASE MANAGEMENT CONFERENCE, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher, City of Napa, Police Officer Deguilio, Rocio Diaz-Lara, Nancy Lefler, City of Napa, County of Napa, Garrett Wade. (Sherwin, Julia) (Filed on 3/9/2016) Modified on 3/10/2016 (jlmS, COURT STAFF). (Entered: 03/09/2016)

March 9, 2016 PACER
67

STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR DEFENDANTS MOTIONS TO DISMISS AND CASE MANAGEMENT CONFERENCE by Hon. Saundra Brown Armstrong granting 66 Stipulation.(jebS, COURT STAFF) (Filed on 3/9/2016) (Entered: 03/09/2016)

March 9, 2016 PACER

Set Deadlines/Hearings: Motions due by 4/20/2016. Replies due by 6/3/2016. Responses due by 5/20/2016. Joint Case Management Statement due by 5/9/2016. Initial Telephonic Case Management Conference set for 5/16/2016 at 02:30 PM. (jebS, COURT STAFF) (Filed on 3/9/2016)

March 9, 2016 PACER
68

CLERK'S NOTICE. You are hereby notified that the Initial Telephonic Case Management Conference previously set for 5/16/16 has been continued to 6/16/16 at 2:30 PM. Joint Case Management Statement due by 6/9/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jebS, COURT STAFF) (Filed on 3/10/2016) (Entered: 03/10/2016)

March 10, 2016 PACER
69

Joint MOTION for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher, Police Officer Deguilio, City of Napa, Garrett Wade. Motion Hearing set for 4/29/2016 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 4/15/2016. Replies due by 4/22/2016. (Sherwin, Julia) (Filed on 3/10/2016) Modified on 3/11/2016 (jlmS, COURT STAFF). (Entered: 03/10/2016)

March 10, 2016 PACER
70

Declaration of Julia Sherwin in Support of 69 Joint Motion for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Attachments: # 1 Exhibit A, 2/18/14 Napa Superior Court order sealing warrant, # 2 Exhibit B, 3/20/14 Napa Superior Court protective order, # 3 Exhibit C, 11/23/15 Napa Superior Court order for disclosure of records and information, # 4 Exhibit D, 12/7/15 Snyder letter, # 5 Exhibit E, 12/8/15 Sherwin letter, # 6 Exhibit F, Pertinent emails between counsel)(Related document(s) 69 ) (Sherwin, Julia) (Filed on 3/10/2016) Modified on 3/11/2016 (jlmS, COURT STAFF). (Entered: 03/10/2016)

March 10, 2016 PACER
71

Proposed Order re 69 Joint Motion for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides, by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Sherwin, Julia) (Filed on 3/10/2016) Modified on 3/11/2016 (jlmS, COURT STAFF). (Entered: 03/10/2016)

March 10, 2016 PACER
72

CERTIFICATE OF SERVICE re 71 Proposed Order, 70 Declaration in Support, 69 Joint Motion for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher (Sherwin, Julia) (Filed on 3/10/2016) Modified on 3/11/2016 (jlmS, COURT STAFF). (Entered: 03/10/2016)

March 10, 2016 PACER
73

NOTICE of Appearance of Glenn Michael Katon as Counsel, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher (Katon, Glenn) (Filed on 3/11/2016) Modified on 3/14/2016 (jlmS, COURT STAFF). (Entered: 03/11/2016)

March 11, 2016 PACER
74

RESPONSE (re 69 Joint MOTION for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides), filed by Rocio Diaz-Lara, Nancy Lefler, County of Napa. (Attachments: # 1 Declaration Of Kristen K. Preston In Support of Opposition to Joint Discovery Motion)(Preston, Kristen) (Filed on 4/8/2016) Modified on 4/11/2016 (jlmS, COURT STAFF). (Entered: 04/08/2016)

April 8, 2016 PACER
75

STIPULATION WITH PROPOSED ORDER Re Briefing Schedule for Defendants' Motion For Stay, filed by Rocio Diaz-Lara, Nancy Lefler, County of Napa, Kayleigh Slusher, Jason Slusher, Robin Slusher, Benny Slusher, Police Officer Deguilio, City of Napa, Garret Wade. (Jones, Mark) (Filed on 4/13/2016) Modified on 4/14/2016 (jlmS, COURT STAFF). (Entered: 04/13/2016)

April 13, 2016 PACER
76

REPLY to Opposition (re 69 Joint MOTION for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides), filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Sherwin, Julia) (Filed on 4/13/2016) Modified on 4/14/2016 (jlmS, COURT STAFF). (Entered: 04/13/2016)

April 13, 2016 PACER
77

Declaration of Michael M. Baden, M.D. in Support of 69 Joint Motion for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Related document(s) 76 ) (Sherwin, Julia) (Filed on 4/13/2016) Modified on 4/14/2016 (jlmS, COURT STAFF). (Entered: 04/13/2016)

April 13, 2016 PACER
78

CERTIFICATE OF SERVICE by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher re 77 Declaration in Support, 76 Reply to Opposition/Response, (Sherwin, Julia) (Filed on 4/13/2016) (Entered: 04/13/2016)

April 13, 2016 PACER
79

STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR STAY by Hon. Saundra Brown Armstrong granting 75 Stipulation. (jebS, COURT STAFF) (Filed on 4/13/2016) (Entered: 04/13/2016)

April 13, 2016 PACER
80

CERTIFICATE OF SERVICE by Rocio Diaz-Lara, Nancy Lefler, County of Napa re 74 Opposition/Response to Motion, and Declaration of Kristen K. Preston in Support of Opposition (74-1) (Jones, Mark) (Filed on 4/14/2016) (Entered: 04/14/2016)

April 14, 2016 PACER
81

REPLY (re 69 Joint MOTION for Production of Documents Pursuant to Protective Order and for Forensic Examination of Coroner's Pathology Evidence, Tissue Samples, and Slides ) filed byRobert Chambers, Police Officer Deguilio, City of Napa, Garrett Smith, Joshua Smith, Garrett Wade. (Fox, Gregory) (Filed on 4/14/2016) (Entered: 04/14/2016)

April 14, 2016 PACER
82

CERTIFICATE OF SERVICE by Robert Chambers, Police Officer Deguilio, City of Napa, Garrett Smith, Joshua Smith, Garrett Wade re 81 Reply to Opposition/Response, (Fox, Gregory) (Filed on 4/14/2016) (Entered: 04/14/2016)

April 14, 2016 PACER
83

Order by Chief Magistrate Judge Joseph C. Spero denying 69 Discovery Motion without prejudice. The hearing set for April 29, 2016 is VACATED. Any renewed motion or further discovery dispute shall be raised in manner consistent with the order at docket entry 34 . No further filing may be captioned as "joint" unless all parties to the case join in filing. (jcslc2S, COURT STAFF) (Filed on 4/18/2016) (Entered: 04/18/2016)

April 18, 2016 RECAP
84

First MOTION to Stay Action filed by Rocio Diaz-Lara, Nancy Lefler, County of Napa. Responses due by 5/20/2016. Replies due by 6/3/2016. (Attachments: # 1 Declaration of Kristen K.Preston in Support of Motion to Stay Action and Exhibits A to D, # 2 Request for Judicial Notice in Support of Motion to Stay Action, # 3 Proposed Order On Motion to Stay Action)(Preston, Kristen) (Filed on 4/20/2016) (Entered: 04/20/2016)

April 20, 2016 PACER
85

Second MOTION to Dismiss Action filed by Rocio Diaz-Lara, Nancy Lefler, County of Napa. Responses due by 5/20/2016. Replies due by 6/3/2016. (Attachments: # 1 Proposed Order on Motion to Dismiss Plaintiff's Second Amended Complaint)(Preston, Kristen) (Filed on 4/20/2016) (Entered: 04/20/2016)

April 20, 2016 PACER
86

CERTIFICATE OF SERVICE by Rocio Diaz-Lara, Nancy Lefler, County of Napa of Defendant's Motion to Stay (84), Declaration of Kristen K. Preston in Support of Motion to Stay (84-1), Request for Judicial Notice in Support of Motion to Stay (84-2), Proposed Order (84-3) (Preston, Kristen) (Filed on 4/20/2016) (Entered: 04/20/2016)

April 20, 2016 PACER
87

MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Robert Chambers, Police Officer Deguilio, City of Napa, Garrett Smith, Joshua Smith, Garrett Wade. Responses due by 5/20/2016. Replies due by 6/3/2016. (Attachments: # 1 Proposed Order)(Fox, Gregory) (Filed on 4/20/2016) (Entered: 04/20/2016)

April 20, 2016 PACER
88

NOTICE of Appearance of Gregory F. Dyer as Counsel, filed by Rocio Diaz-Lara, Nancy Lefler, County of Napa (Dyer, Gregory) (Filed on 4/28/2016) Modified on 4/29/2016 (jlmS, COURT STAFF). (Entered: 04/28/2016)

April 28, 2016 PACER
89

JOINDER (re 84 First MOTION to Stay Action), filed by Robert Chambers, Police Officer Deguilio, City of Napa, Garrett Smith, Joshua Smith, Garrett Wade. (Fox, Gregory) (Filed on 5/2/2016) Modified on 5/3/2016 (jlmS, COURT STAFF). (Entered: 05/02/2016)

May 2, 2016 PACER
90

NOTICE of Change In Counsel as to Glenn Katon, filed by Benny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher (Sherwin, Julia) (Filed on 5/9/2016) Modified on 5/10/2016 (jlmS, COURT STAFF). (Entered: 05/09/2016)

May 9, 2016 PACER
91

ORDER HOLDING MOTIONS TO DISMISS IN ABEYANCE. Signed by Judge Saundra Brown Armstrong on 5/16/16. (jjoS, COURT STAFF) (Filed on 5/16/2016) (Entered: 05/16/2016)

May 16, 2016 RECAP
92

RESPONSE (re 84 First MOTION to Stay Action ) filed byBenny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Sherwin, Julia) (Filed on 5/18/2016) (Entered: 05/18/2016)

May 18, 2016 PACER
93

Declaration of Julia Sherwin in Support of 92 Opposition/Response to Motion filed byBenny Slusher, Jason Slusher, Kayleigh Slusher, Robin Slusher. (Attachments: # 1 Exhibit A, January 8, 2016 letter from Sean Robert Kaer, M.D., # 2 Exhibit B, 9/9/15 hearing transcript, # 3 Exhibit C, 11/9/15 preliminary hearing exhibit and witness list, # 4 Exhibit D, 11/10/15 preliminary hearing transcript, # 5 Exhibit E, 10/29/15 hearing transcript, # 6 Exhibit F, 11/23/15 order disclosing documents and information, # 7 Exhibit G, 1/28/16 hearing transcript)(Related document(s) 92 ) (Sherwin, Julia) (Filed on 5/18/2016) (Entered: 05/18/2016)

May 18, 2016 PACER

State / Territory: California

Case Type(s):

Policing

Key Dates

Filing Date: May 29, 2015

Closing Date: Dec. 20, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a deceased three year-old girl, her father, her grandmother, her grandfather [EDIT THIS]

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Napa County (Napa, Napa), County

City of Napa (Napa, Napa), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $5,000,000

Content of Injunction:

Reporting

Training

Issues

General:

Failure to train

Inadequate citizen complaint investigations and procedures

Juveniles

Staff (number, training, qualifications, wages)