Case: Way v. Ventura County

Way v. County of Ventura

Way v. County of Ventura

U. S. Court of Appeals for the Ninth Circuit

Way v. County of Ventura

U. S. Court of Appeals for the Ninth Circuit

Way v. County of Ventura

Public Citizen

COMPLAINT filed Summons(es) Issued referred to Discovery Charles F. Eick (pc) (Entered: 06/22/2001)

NOTICE OF INTERESTED PARTIES filed by plaintiff Noelle Way (pc) (Entered: 06/22/2001)

PROOF OF SERVICE executed upon defendant Ventura Police Officer Robert Ortiez; Service on 6/29/01 via personal svc by serving S/C to Lt. Fenwick, Person in charge, over the ageof 18, auth to accept svc on behalf of Ventura Police Officer Robert Ortiez (ir) (Entered: 07/12/2001)

ANSWER filed by dfts Ventura County, Robert - Brooks, Robert - Brooks, Robert Ortiz, err sued as Robert Ortiez to complaint [1-1]; jury demand (el) (Entered: 07/24/2001)

MINUTES: Proc: On the Crt's own motion, this case is set for mandatory status/scheduling conf set for 9:00 10/22/01 (see doc for specifics) by Judge Consuelo B. Marshall CR: n/a (Send) (el) (Entered: 07/25/2001)

PROOF OF SERVICE of S/C executed upon defendant Robert - Brooks, individually and as Sheriff for the County of Ventura; Service by Fed/State not indicated on 7/2/01 via personal delivery by serving S/C to Donna Smith, subpoena clerk, auth to accpt svc (el) (Entered: 08/01/2001)

PROOF OF SERVICE executed upon defendant Ventura County; Service by Fed/State not indicated on 7/2/01 via personal delivery by serving S/C to Karel Placencia, Deputy Clerk, auth to acpt svc (el) (Entered: 08/01/2001)

JOINT REPORT re SCHEDULING CONFERENCE purs to Rule 26(f) (el) (Entered: 08/24/2001)

MINUTES: by Judge Consuelo B. Marshall ; mandatory status/scheduling conf set for 9:00 11/26/01 CR: N/A SND (yc) (Entered: 10/23/2001)

MINUTES: It is ORDERED as fol(s): that the mandatory status/scheduling conference is taken off cal; discovery ddl is set on 11/30/01; Final Pretrial Conference set for 2:30 2/25/02; 4 day jury trial set on 10:00 3/26/02 (see doc for fur details) Judge Consuelo B. Marshall CR: n/a (SEND) (el) (Entered: 11/08/2001)

NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr bef a randomly selected judicial officer frm the Civil Settlement Panel for sttlmnt procdgs Order by Judge Consuelo B. Marshall granting settlement procedure selection request [12-1] SND (yc) (Entered: 12/06/2001)

FIRST AMENDED COMPLAINT [1-1] by plaintiff Noelle Way; adding Deputy K Hanson; jury demand. Summons not issued (el) (Entered: 12/14/2001)

STIPULATION and ORDER by Judge Consuelo B. Marshall for filing of 1st A/C; fur stip that the dft Deputy Hanson waives ntc & svc of the A/C & shall not be required to ans the amendment and that all denials, resp & affirmative defenses contained in the ans filed by dfts to the original cmp shall be responsive to the A/C (el) (Entered: 12/14/2001)

REQUEST FOR ASSIGNMENT OF SETTLEMENT JUDGE - pursuant to Local Rule 23.5.4, case assigned to Judge Wm. M. Byrne for settlement conference. (cc: all counsel) (rn) (Entered: 12/18/2001)

NOTICE OF MOTION AND MOTION by dfts Ventura County, Robert Brooks, K Hanson for summary judgment ; motion hearing for 10:00 1/28/02; Mem of PA in suppt; Lodged propsd ord; Uncontroverted facts (el) (Entered: 01/08/2002)

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS in suppt by defendants re motion for summary judgment [16-1] (el) (Entered: 01/08/2002)

MINUTES before Judge Consuelo B. Marshall: Dfts motion for summary judgment [16-1] is deemed SUBMITTED w/o oral argument as of 01/28/02. CR: N/A (Send) (jp) (Entered: 01/11/2002)

OPPOSITION by dfts Ventura County, Robert Brooks, K Hanson to motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1], motion for summary judgment [16-1] (el) (Entered: 01/16/2002)

OPPOSITION by plaintiff Noelle Way to dfts' motion for summary judgment [16-1]; Mem of PA; DEcl of Earnest C.S. Bell (el) (Entered: 01/17/2002)

MINUTES: Proc(s): the hearing on plf's motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1] is set on 10:00 2/4/02, and hearing on dfts' motion for summary judgment [16-1] is set on 10:00 2/4/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 01/24/2002)

MINUTES: The hearing on plaintiff's motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1] is continued to 10:00 2/25/02, the hearing on motion for judgment [16-1] is continued to 10:00 2/25/02 Final Pretrial Conference continued to 3:00 4/1/02; jury trial continued to 10:00 5/7/02 by Judge Consuelo B. Marshall CR: N/A (bp) (Entered: 01/28/2002)

MINUTES: The court has set this matter for a telephone conference call on 1:30 1/31/02 by Judge Consuelo B. Marshall CR: N/A (bp) (Entered: 01/28/2002)

MINUTES (IN CHAMBERS): Telephone Conf is held; The Court schedule a settlement conference for 9:30 3/7/02; Counsel are instructed to submit a confidential sttlmnt position letter, no greater than three pages in length, by Tuesday, 3/5/02 by Judge Wm. M. Byrne; CR: (n/a) (nhac) (Entered: 02/05/2002)

STIPULATION filed requesting clarification of status of x-motions for summ jgm (el) (Entered: 03/08/2002)

DEFENDANTS' IN LIMINE OBJS TO BE HEARD AT PRETRIAL CONFERENCE scheduled for 4/1/02 at 3:00 p.m. (el) (Entered: 03/08/2002)

MINUTES: settlement conference set 3/7/02 taken off calendar ; once the mot for summ jgm is ruled on cnsl will contact this Crt to set a new sttlmnt conf date by Judge Wm. M. Byrne CR: Not Present (el) Modified on 03/08/2002 (Entered: 03/08/2002)

MINUTES: Proc(s): On the Court's own motion, the Cross-Motions for summary judgment [18-1], [16-1] are cont to 11:00 3/25/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 03/11/2002)

MEMO OF CONTENTIONS OF FACT and LAW by defendants (el) (Entered: 03/13/2002)

WITNESS list submitted by defendants (el) (Entered: 03/13/2002)

MINUTES: On the Court's own motion, Cross motions for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1] and for summ judgment [16-1] are continued to 10:00 3/27/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 03/21/2002)

PROPOSED VOIR DIRE EXAMINATION filed by defendants (el) (Entered: 03/21/2002)

MINUTES: Proc: On the Court's own motion, the Final Pretrial Conference is cont to 1:30 4/22/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 03/27/2002)

MINUTES: Arguments had; that the motion of dfts & plf's for partial summary judgment [18-1] and motion for summary judgment [16-1] areb submitted without fur oral argument by Judge Consuelo B. Marshall CR: Lori Moriaka (el) (Entered: 03/28/2002)

STIPULATION and ORDER by Judge Consuelo B. Marshall ; Final Pretrial Conference set for 3:00 4/22/02 , ;the current trial date fo 5/7/02 to be cont at PTC (yc) (Entered: 04/04/2002)

MEMO OF CONTENTIONS OF FACT and LAW by plaintiff Noelle Way (ir) (Entered: 04/11/2002)

DESIGNATION OF WITNESS to be called @ trial submitted by plaintiff Noelle Way (ir) (Entered: 04/11/2002)

JOINT EXHIBIT list by plaintiff (ir) (Entered: 04/12/2002)

LODGED PRETRIAL CONF ORD submitted by plaintiff Noelle Way (FWD TO CRD) (ir) (Entered: 04/15/2002)

MINUTES: On the Court's own motion, Final Pretrial Conference is cont to 3:00 5/13/02; jury trial cont to 10:00 6/25/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 04/17/2002)

MOTION by plaintiff Noelle Way in limine No.1 to exclude testimony of Marijuana found after arrest ; Mem of PA; Lodged Order (el) (Entered: 04/23/2002)

MINUTES: ON the Court's own motion, plf's motion in limine excluding testimony of Marijuana found after arrest [42-1] is submitted w/out oral argument by Judge Consuelo B. Marshall; CR: (n/a) (nhac) (Entered: 04/24/2002)

ORDER by Judge Consuelo B. Marshall that ALL in limine motions [42-1] shall remain under submission pending fur order of this Court. (el) (Entered: 04/25/2002)

RE-NOTICE of hearing of dfts' in limine objections by defendant Ventura County (el) (Entered: 04/25/2002)

NOTICE of Non-opp to plf's motion in limine by defendants (el) (Entered: 04/25/2002)

MINUTES: (In chambers) The Court hereby grants plf's motion in limine No.1 to exclude testimony of Marijuana found after arrest [42-1] by Judge Consuelo B. Marshall CR: N/A (el) (Entered: 05/03/2002)

MINUTES: On the Court's own motion, the Final Pretrial Conference s cont to 3:00 6/10/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 05/07/2002)

PROPOSED SPECIAL VERDICT/GENERAL VERDICT with special interrogatories filed by defendant Robert Ortiez (el) (Entered: 05/09/2002)

MINUTES: Proc: On the Court's own motion, Final Pretrial Conference is cont to 3:00 8/19/02; jury trial cont to 10:00 9/24/02 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 06/14/2002)

OBJECTIONS filed by plaintiff Noelle Way to document proposed Verdict Form [49-1] (el) (Entered: 06/21/2002)

PLAINTIFF'S PROPOSED VERDICT Form (ir) (Entered: 07/03/2002)

NOTICE OF CHANGE Of Address (ZIP CODE to 93036) filed by atty Alan E Wisotsky for defendant K Hanson (el) Modified on 07/17/2002 (Entered: 07/17/2002)

ORDER by Judge Consuelo B. Marshall that Dfts' motion for summary judgment [16-1], is DENIED and Plf's motion for partial summary judgment agnst dft dep K Hanson, Cnty of Ventura & Sheriff Robert Brooks [18-1], is GRANTED IN PART. The Court finds tht the search of plf was conducted purs to the County's strip search policy, that the search constitute a viol of plf's Fourth Amendment rights, and that the dfts are liable for dm proimate caused by the search. Dfts may file motions addressing whether they are entitled to qualified immunity. (el) (Entered: 07/22/2002)

MINUTES before Judge Consuelo B. Marshall: The Crt CONT the pretrial Conference to 3:00 on 9/16/02 CR: N/A (jp) (Entered: 08/07/2002)

MINUTES: Dfts propsd stip ord re case management lodged on 8/9/02 is DENIED. The prosd sched will no tpermit the Crt enough time to consider the rule on a mot for class certification. The sched dates pertaining to dft Ortiz remains in full force and effect by Judge Consuelo B. Marshall. IT IS SO ORDERED. CR: none present present (el) (Entered: 08/16/2002)

PLACED IN FILE - NOT USED propsd stip Order re Case Management (el) (Entered: 08/16/2002)

NOTICE OF APPEAL by defendant Ventura County, defendant Robert Brooks, defendant K Hanson to 9th C/A from Dist. Court ord fld 7/22/02 [55-1] (cc: Jeffrey Held, Earnest C.S. Bell) Fee: Paid (dlu) (Entered: 08/21/2002)

TRANSCRIPT DESIGNATION and ordering form for dates: 3/27/02 CR: Lori Muraoka (dlu) (Entered: 08/21/2002)

RE-NOTICE OF REQUEST filed by defendant Robert Ortiez for the Court to rule upon his propsd voir dire at the pretrial conf (el) (Entered: 08/29/2002)

RE-NOTICE of REQUEST filed by defendant Robert Ortiez for issuance of Verdict with Special Interrogatories (el) (Entered: 08/29/2002)

RE-NOTICE of hearing of dfts' in limine motions by defendants (el) (Entered: 08/29/2002)

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [58-1] 02-56457. (ghap) (Entered: 08/29/2002)

LODGED Civil Appeals Docketing Statement (FWD TO 9th CCA). (cbr) (Entered: 09/03/2002) 3:00 10/7/02; jury trial cont to 10:00 11/19/02 that all the pending motions re stipulation clarification of status of x-motions for summ jgm [26-1]; the request for the Court to rule upon his propsd voir dire at the pretrial conf [61-1] is submitted, that the request for issuance of Verdict with Special Interrogatories [62-1] stand submitted without oral argument by Judge Consuelo B. Marshall CR: n/a (el) Modified on 09/05/2002 (Entered: 09/05/2002)

PROPOSED JURY INSTRUCTIONS filed by plaintiff Noelle Way (el) (Entered: 09/05/2002)

OBJECTIONS filed by plaintiff Noelle Way to dfts proposed Jury Instructions [33-1] (el) (Entered: 09/05/2002)

NOTICE of Non-Availability of plf's cnsl Earnest C.S. Bell from 9/28/02 to 10/15/02 by plaintiff Noelle Way (el) (Entered: 09/17/2002)

STIPULATION and ORDER CONT by Judge Consuelo B. Marshall ; Final Pretrial Conference set for 3:00 11/4/02 (pj) (Entered: 10/02/2002)

RE NOTICE by defendant of hearing of motions in limine, prop voir dire, jury instructions, & proposed verdict at cont ptc (pj) (Entered: 10/17/2002)

MINUTES: On the Court's own motion, Final Pretrial Conference is continued to 3:00 12/16/02; jury trial set on 10:00 1/28/03 ; In limine motions shall stand submitted without oral argument, motion of Robert Ortiz for hearing on In Limine Motions is denied by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 10/21/2002)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 3/27/02 (Re: [58-1] ) CR: C. Mizell (Trans Dorothy Babykin) (dlu) (Entered: 12/11/2002)

TRANSCRIPT filed for proceedings held on 3/27/02 (dlu) (Entered: 12/11/2002)

MINUTES: On the Court's own motion, Final Pretrial Conference is continued to 3:00 1/6/03 by Judge Consuelo B. Marshall CR: n/a (el) (Entered: 12/11/2002)

MINUTES: Continued ; Final Pretrial Conference set for 3:00 2/3/03 ; jury trial set on 10:00 3/4/03 by Judge Consuelo B. Marshall CR: n/a (pj) (Entered: 12/30/2002)

CERTIFICATE of Record Transmitted to USCA-02-56457. (cc: all parties) (wdc) (Entered: 01/14/2003)

MINUTES: Court on own motion continues: Final Pretrial Conference set for 3:00 2/24/03 jury trial set on 10:00 4/1/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 01/30/2003)

MINUTES: Court on own motion: Final Pretrial Conference continued for 3:00 3/3/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 02/24/2003)

MINUTES: Court on own motion: Final Pretrial Conference continued for 3:00 3/17/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 02/27/2003)

MINUTES: Court on own motion: Final Pretrial Conference continued for 10:00 3/18/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 03/13/2003)

MINUTES: Final Pretrial Conference continued for 3:00 3/31/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 03/17/2003)

MINUTES: Pre Trial Conference/Jury Trial; On Court's own motion, Pretrial Conference continued to Monday 6/16/03 at 3:00; jury trial continued to 10:00 7/22/03 by Judge Consuelo B. Marshall CR: n/a (ir) (Entered: 04/16/2003)

STIPULATION and ORDER by Judge Consuelo B. Marshall that the Pretrial Conference date currently scheduled for 6/16/03 at 3:00 pm be continued to 7/7/03 at 3:00 pm (nhac) Modified on 06/17/2003 (Entered: 06/17/2003)

PLACED IN FILE - NOT USED; Stipulation and Order to continue pretrial conference date attached declaration of Earnest CS Bell; Lodged 6/17/03 (mch) (Entered: 06/19/2003)

MINUTES: Status conference held in lieu of pretrial conference ; defendants motions in limine: granted as to 1-6, denied as to 8-10; acton stayed pending further order of court; ex aprte status reports be field on or before 1/12/04 terminating case (MD JS-6) case stayed pending further order by Judge Consuelo B. Marshall CR: Leni LeBlanc (lc) (Entered: 07/09/2003)

NOTICE OF HEARING OF MOTIION AND MOTION by defendants K Hanson, Bob Brooks for summary judgment ; motion hearing set for 10:00 1/26/04; memorandum of Points and Authorities; Lodged Order and Statement (ir) (Entered: 12/02/2003)

CERTIFIED COPY of Appellate Court Order: dismissing the appeal [58-1] (lc) (Entered: 12/01/2003)

MINUTES: MANDATE from Circuit Court of Appeals dismissing appeal be filed and spread on minutes of this court (lc) (Entered: 12/01/2003)

Lodged certified copy of 9thCCA judgment, appeal is hereby dismissed. (02-56457) (wdc) (Entered: 12/01/2003)

Notice of change of hearing to 1/26/04 re defedants' motion for summary judgment [86-1] (lc) (Entered: 12/05/2003)

OPPOSITION to defendants Motion for Summary Judgment[86] filed by Plaintiff Noelle Way. (mch, ) (Entered: 01/13/2004)

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall : On the Court's own motion, [86] Motion of Defendants Karen Hanson and Bob Brooks for Summary Judgment is continued for hearing on 1/29/2004 at 10:00 AM before Honorable Consuelo B. Marshall. (shb, ) (Entered: 01/14/2004)

MINUTES of Motion Hearing held on defendants Karen Hanson and Bob Brooks Motion for Summary Judgment[86], Order by Judge Consuelo B. Marshall denying Motion for Summary Judgment[86]; court to issue formal orde; Court Reporter: Leandra Amber. (lc, ) Modified on 3/9/2004 (lc, ). (Entered: 03/09/2004)

ORDER by Judge Consuelo B. Marshall : denying [86] defendants Karen Hanson and Sheriff Rovert Brooks Motion for Summary Judgment (lc, ) (Entered: 02/20/2004)

NOTICE OF APPEAL to 9th CCA filed by defendants Ventura County, Bob Brooks, Karen Hanson. Appeal of Order 90, Filed On: 2/18/04; Entered On: 2/20/04; Order 55 Filed On: 7/22/02; Filing fee $255, Paid, receipt number 60357. cc: Alan E. Wisotsky;

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court [91]. (cbr, ) (Entered: 03/12/2004)

NOTIFICATION by Circuit Court of Appellate Docket Number 04-55457, 9th CCA regarding Appeal to Circuit Court, [91] filed by Ventura County. (cbr, ) (Entered: 03/19/2004)

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 04-55457 Record consists of 1 thru 2 volumes, 1 transcript. (cbr, ) (Entered: 10/26/2005)

MANDATE of 9th CCA filed as to Appeal to Circuit Court, [91], CCA # 04-55457. The appeal is Affirmed in part and Reversed in part. Mandate received in this district on 6/9/06. (dmap, ) (Entered: 06/13/2006)

APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 2; Transcripts(s): 1; RE: Appeal Record Sent to USCA (A-26)[94] (et) (Entered: 10/28/2006)

REQUEST for a status conference date at which time an Order for setting pretrial and trial dates filed by plaintiff Noelle Way. (et) (Entered: 01/16/2007)

STIPULATED ORDER OF PREJUDICIAL DISMISSAL OF ALL DEFENDANTS by Judge Consuelo B. Marshall: Ordered that the Defendants, County of Ventura, Robert Brooks, Robert Ortiz, and Karen Hanson, in every capacity, are dismissed with prejudice from this litigation and any other lawsuit in any other federal or any state court. Both sides retain the right to make whatever arguments they believe necessary in the companion class action, Gamino. The Plaintiff, in exchange for consideration recited in the agreement terminating the JAMS mediation on 3/29/2007, waives all past, present, and future damages; equitable and declaratory relief; discovery rights; and joinder as a party plaintiff or claimant in the companion class action, Gamino; and further waives all past, present, and future attorneys' fees, whether of record or not, plus a full and final waiver of all past, present, and future ordinary and extraordinary costs. (gk, ) (Entered: 05/03/2007)

WRITTEN NOTICE of Entry of Order of Prejudicial Dismissal of All Defendants filed by Defendants County of Ventura, Robert Brooks, Robert Ortiz (erroneously sued Ventura Police Officer Robert Ortiez), and Karen Hanson (erroneously sued as Deputy K. Hanson. (gk, ) (Entered: 05/23/2007)