Case: Gordon v. City of Moreno

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

Gordon v. City of Moreno Valley

COMPLAINT against defendants City of Moreno Valley, Rick Hall, Kristy Underwood, Stan Sniff, Does.(Filing fee $ 350) Jury demanded., filed by plaintiffs Raymond Barnes, Kevon Gordon, Ronald Jones.(mrgo) (Additional attachment(s) added on 4/9/2009: # 1 Civil Cover Sheet, # 2 Summons, # 3 CV−18) (mrgo). (Entered: 04/09/2009)

20 DAY Summons Issued re Complaint − (Discovery) 1 as to defendants City of Moreno Valley, Rick Hall, Kristy Underwood, Stan Sniff, Does. (mrgo) (Entered: 04/09/2009)

NOTICE of Interested Parties filed by plaintiffs Raymond Barnes, Kevon Gordon, Ronald Jones, (mrgo) (mrgo). (Entered: 04/09/2009)

STANDING ORDER by Judge Stephen G. Larson, READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (am) (Entered: 04/15/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon Rick Hall served on 4/13/2009, answer due 5/3/2009. The Summons and Complaint were served by Personal service, by FRCP rule 4 statute, upon Rocio Foster, Subpoena Clerk. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon City of Moreno Valley served on 4/13/2009, answer due 5/3/2009. The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Meg Itagaki, Sr. Office Assistant. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon Stan Sniff served on 4/13/2009, answer due 5/3/2009. The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Lester Harvey. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Ronald Jones, upon Moreno Valley Police Department The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Rocio Foster, Subpoena Clerk. Due Dilligence declaration No. Original Summons Not returned. (Bibring, Peter) (Entered: 04/16/2009)

PROOF OF SERVICE Executed Raymond Barnes, Kevon Gordon, Ronald Jones, upon Kristy Underwood served on 4/10/2009, answer due 4/30/2009. The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Teresa Rieker, Assistant to Kristy Underwood. Due Dilligence declaration No. Original Summons Not Returned. (Bibring, Peter) (Entered: 04/20/2009)

NOTICE of Appearance filed by attorney Diane Elisabeth De Kervor on behalf of Defendant Kristy Underwood (De Kervor, Diane) (Entered: 04/29/2009)

STIPULATION for Extension of Time to File Answer, FIRST STIPULATION Extending Time to Answer the complaint as to Kristy Underwood answer now due 5/26/2009, filed by Defendant Kristy Underwood.(De Kervor, Diane) (Entered: 04/29/2009)

NOTICE of Appearance filed by attorney Christopher D Lockwood on behalf of Defendants Rick Hall, Stan Sniff (Lockwood, Christopher) (Entered: 04/30/2009)

NOTICE of Appearance filed by attorney Michael A Bell on behalf of Defendant City of Moreno Valley (Bell, Michael) (Entered: 04/30/2009)

FIRST STIPULATION Extending Time to Answer the complaint as to City of Moreno Valley answer now due 5/26/2009, filed by Defendant City of Moreno Valley.(Bell, Michael) (Entered: 04/30/2009)

FIRST AMENDED COMPLAINT against defendants County of Riverside, Tony Heisterberg, Dennis Longdyke, Lori Miller, Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson, Joe Brown, Xochi Carmargo, Arlene Bauby, Quincy Brown. Amending Complaint − (Discovery), Complaint − (Discovery) 1 , filed by plaintiffs Quincy Brown, Raymond Barnes, Kevon Gordon, and Ronald Jones. (gg) (Entered: 05/26/2009)

NOTICE OF MOTION AND MOTION to Dismiss first amended complaint filed by defendants Rick Hall, Stan Sniff, County of Riverside. Motion set for hearing on 7/6/2009 at 10:00 AM before Judge Stephen G. Larson. (Lockwood, Christopher) (Entered: 06/05/2009)

ANSWER to Amended Complaint, 15 filed by Defendant City of Moreno Valley.(Bell, Michael) (Entered: 06/09/2009)

NOTICE of Interested Parties filed by Defendant City of Moreno Valley, (Bell, Michael) (Entered: 06/09/2009)

NOTICE of interested parties filed by defendants Rick Hall, Stan Sniff, County of Riverside. (Lockwood, Christopher) (Entered: 06/10/2009)

NOTICE of Change of Attorney Information for attorney Rishi Puri counsel for Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. Changing Address to 2029 Century Park East, Suite 3500. Filed by Co−Counsel for Plaintiffs Rishi Puri (Puri, Rishi) (Entered: 06/10/2009)

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Kristy Underwood. Motion set for hearing on 7/13/2009 at 10:00 AM before Judge Stephen G. Larson. (Attachments: # 1 Proposed Order)(De Kervor, Diane) (Entered: 06/11/2009)

MEMORANDUM in Support of MOTION to Dismiss First Amended Complaint 21 filed by Defendant Kristy Underwood. (De Kervor, Diane) (Entered: 06/11/2009)

Notice of Interested Parties filed by Defendant Kristy Underwood, (De Kervor, Diane) (Entered: 06/11/2009)

CERTIFICATE OF SERVICE filed by Defendant Kristy Underwood, re Memorandum in Support of Motion 22 , MOTION to Dismiss First Amended Complaint 21 , Certificate/Notice of Interested Parties 23 served on 06/11/09. (De Kervor, Diane) (Entered: 06/11/2009)

ANSWER to Amended Complaint, 15 JURY DEMAND. filed by Defendant Kristy Underwood.(De Kervor, Diane) (Entered: 06/11/2009)

CERTIFICATE OF SERVICE filed by Defendant Kristy Underwood, re Answer to Complaint 25 served on 06/11/09. (De Kervor, Diane) (Entered: 06/11/2009)

JOINDER in MOTION to Dismiss First Amended Complaint 21 filed by Defendants Rick Hall, Stan Sniff, County of Riverside. (Lockwood, Christopher) (Entered: 06/11/2009)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title pae is missing. RE: Proof of Service (subsequent documents) 24 , Proof of Service (subsequent documents) 26 . 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. (am) (Entered: 06/12/2009)

SCHEDULING MEETING OF COUNSEL, ORDER Pursuant to FRCP 16,26(f) by Judge Stephen G. Larson: Scheduling Conference set for 8/31/2009 01:30 PM. (ad) (Entered: 06/18/2009)

STIPULATION to Continue motion to dismiss from 7/6/09 to 7/13/09 Re: MOTION to Dismiss first amended complaint 16 filed by defendants Rick Hall, Stan Sniff, County of Riverside. (Attachments: # 1 Proposed Order)(Lockwood, Christopher) (Entered: 06/18/2009)

ANSWER to Amended Complaint, 15 filed by defendants Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson.(Lockwood, Christopher) (Entered: 06/23/2009)

JOINDER in MOTION to Dismiss First Amended Complaint 21 filed by Defendants Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson. (Lockwood, Christopher) (Entered: 06/23/2009)

OPPOSITION OPPOSITION re: MOTION to Dismiss First Amended Complaint 21 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Puri, Rishi) (Entered: 06/23/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, upon County of Riverside served on 6/12/2009, answer due 7/2/2009. The Summons and Complaint were served by Personal Service service, by FRCP Rule 4 statute, upon Maria Vasquez, City Clerk. Due Dilligence declaration No. Original Summons not returned with POS. (Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Eric Brewer served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration yes. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Dennis Longdyke served on 6/15/2009, answer due 7/5/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Jane Halsted, City Clerk. Due Dilligence declaration yes. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Lori Miller served on 6/15/2009, answer due 7/5/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Jane Halsted, City Clerk. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Richard Hutson served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by substituted service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Christopher Gastinger served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Mario Herrera served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Anthony Johnson served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Robert Duckett served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Seth Harnett served on 6/16/2009, answer due 7/6/2009. The Summons and Complaint were served by Substituted Service service, by FRCP Rule 4 statute, upon Lester Harvey, Investigator. Due Dilligence declaration attached. Original Summons Not returned with POS. (Attachments: # 1 Exhibit POS by Mail, # 2 Affidavit)(Bibring, Peter) (Entered: 06/24/2009)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 7.1−1 No Certification of Interested Parties and/or no copies RE: Answer to Complaint 32 . 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. (am) (Entered: 06/24/2009)

OPPOSITION to MOTION to Dismiss first amended complaint 16 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Bibring, Peter) (Entered: 06/24/2009)

Notice of Interested Parties filed by defendants Seth Harnett, Robert Duckett, Mario Herrera, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson, (Lockwood, Christopher) (Entered: 06/25/2009)

ORDER by Judge Stephen G. Larson, Re MOTION to Dismiss by Defendants Sniff and Hall 21 : it is ordered that the motion to dismiss filed by defendants Sniff and Hall is continued to 8/10/2009 at 10:00 AM. It is further ordered that the briefing schedule for the motion is: Plaintiffs will file their opposition to the Motion to Dismiss by June 24, 2009. Defendants Sniff and Hall will file their reply to plaintiffs' opposition by July 2, 2009. (ad) (Entered: 06/25/2009)

REPLY in support of MOTION to Dismiss first amended complaint 16 filed by Defendants Rick Hall, Stan Sniff, County of Riverside. (Lockwood, Christopher) (Entered: 06/26/2009)

REPLY in support of MOTION to Dismiss First Amended Complaint 21 filed by Defendant Kristy Underwood. (De Kervor, Diane) (Entered: 07/01/2009)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS and ORDER by Clerk of Court. The document is accepted as filed RE: Answer to Complaint 32 . (mrgo) (Entered: 07/06/2009)

NOTICE of Appearance filed by attorney Michael Anthony Brown on behalf of Defendants Dennis Longdyke, Lori Miller (Brown, Michael) (Entered: 07/06/2009)

Notice of Interested Parties filed by Defendants Dennis Longdyke, Lori Miller, identifying City of Moreno Valley. (Brown, Michael) (Entered: 07/06/2009)

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Dennis Longdyke, Lori Miller. Motion set for hearing on 8/17/2009 at 10:00 AM before Judge Stephen G. Larson. (Brown, Michael) (Entered: 07/06/2009)

MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson re: MOTION to Dismiss First Amended Complaint 21 , and MOTION to Dismiss first amended complaint 16 . In the interest of judicial economy, the above−mentioned motions are continued to August 17, 2009, at 10:00 a.m.( Motion set for hearing on 8/17/2009 at 10:00 AM before Judge Stephen G. Larson.) (mrgo) (Entered: 07/09/2009)

WAIVER OF SERVICE Returned Executed filed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. upon Joe Brown waiver sent by Plaintiff on 6/9/2009, answer due 8/8/2009. Waiver of Service signed by Richard Wolfe. (Bibring, Peter) (Entered: 07/21/2009)

WAIVER OF SERVICE Returned Executed filed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. upon Xochi Carmargo waiver sent by Plaintiff on 6/9/2009, answer due 8/8/2009. Waiver of Service signed by Richard Wolfe. (Bibring, Peter) (Entered: 07/21/2009)

WAIVER OF SERVICE Returned Executed filed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. upon Arlene Bauby waiver sent by Plaintiff on 6/9/2009, answer due 8/8/2009. Waiver of Service signed by Richard Wolfe. (Bibring, Peter) (Entered: 07/21/2009)

Opposition Opposition re: MOTION to Dismiss First Amended Complaint 54 By Longdyke and Miller filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Bibring, Peter) (Entered: 08/03/2009)

ANSWER to Amended Complaint, 15 Answer to First Amended Complaint, and Demand for Jury filed by Defendants Joe Brown, Xochi Carmargo, Arlene Bauby.(Wolfe, Richard) (Entered: 08/07/2009)

JOINDER in MOTION to Dismiss First Amended Complaint 21 Joinder of Defendants Brown, Camargo, and Bauby in Defendant Underwood's Motion to Dismiss First Amended Complaint filed by Defendants Joe Brown, Xochi Carmargo, Arlene Bauby. (Wolfe, Richard) (Entered: 08/07/2009)

NOTICE filed by Defendants Joe Brown, Xochi Carmargo, Arlene Bauby. Notice of Interested Parties (Wolfe, Richard) (Entered: 08/07/2009)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is NOTICES/Certificate of Interested Parties. RE: Notice (Other) 63 . 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. (am) (Entered: 08/10/2009)

REPLY in support of MOTION to Dismiss First Amended Complaint 54 filed by Defendants Dennis Longdyke, Lori Miller. (Brown, Michael) (Entered: 08/10/2009)

NOTICE of Appearance filed by attorney Michael A Bell on behalf of Defendant Tony Heisterberg (Bell, Michael) (Entered: 08/11/2009)

STIPULATION for Joinder in MOTION to Dismiss First Amended Complaint 54 filed by defendant Tony Heisterberg. (Attachments: # 1 Proposed Order)(Bell, Michael) (Entered: 08/11/2009)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS and ORDER by Clerk of Court. The document is accepted as filed RE: Notice (Other) 63 . (mrgo) (Entered: 08/12/2009)

NOTICE of Change of Attorney Information for attorney William A Buess counsel for Defendant Kristy Underwood. Adding William A. Buess as attorney as counsel of record for Kristy Underwood for the reason indicated in the G−06 Notice. Filed by Defendant Kristy Underwood (Buess, William) (Entered: 08/14/2009)

MINUTES OF Motion Hearing held before Judge Stephen G. Larson RE: MOTION to Dismiss First Amended Complaint 21 , MOTION to Dismiss First Amended Complaint 54 , and MOTION to Dismiss first amended complaint 16 . Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (mrgo) (Entered: 08/20/2009)

PROOF OF SERVICE Executed by Plaintiff Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones, upon Tony Heisterberg served on 8/6/2009, answer due 8/26/2009. The Summons and Complaint were served by Substituted service, by FRCP Rule 4 statute, upon Tim Heisterberg. Due Dilligence declaration is attached. Original Summons not returned. (Attachments: # 1 Exhibit Proof of Mail Service, # 2 Affidavit Reasonable Diligence)(Bibring, Peter) (Entered: 08/19/2009)

ORDER PERMITTING DEFENDANT TONY HEISTERBERG TO JOIN IN THE MOTION OF DEFENDANTS DENNIS LONGDYKE AND LORI MILLER TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) by Judge Stephen G. Larson, re Stipulation for Joinder 67 . IT IS ORDERED that defendant TONY HEISTERBERG may join in the pending motion of defendants DENNIS LONGDYKE (LONGDYKE) and LORI MILLER (MILLER) to dismiss plaintiffs First Amended Complaint (FAC) as his responsive pleading to the FAC by filing a Notice of Joinder of said motion. IT IS HEREBY FURTHER ORDERED that neither plaintiffs nor defendant TONY HEISTERBERG may file any additional papers in favor of, or in opposition to, the pending motion to dismiss filed by LONGDYKE and MILLER. (mrgo) (Entered: 08/20/2009)

JOINDER in MOTION to Dismiss First Amended Complaint 54 filed by Defendants City of Moreno Valley, Tony Heisterberg, Dennis Longdyke, Lori Miller. (Bell, Michael) (Entered: 08/21/2009)

ORDER by Judge Stephen G. Larson: denying defendant's 21 Motion to Dismiss ; granting defendant's 54 Motion to Dismiss but with leave to amend; holding in abeyance ruling on defendant's 16 Motion to Dismiss pending completion of jurisdictional discovery. Plaintiffs are afforded leave to amend their complaint within the next thirty (30) days. (See document for further specifics) (mrgo) (Entered: 08/31/2009)

MINUTES OF Scheduling Conference not held before Judge Stephen G. Larson. Court and counsel meet and confer regarding status of the case. Court clarifies its order of August 31, 2009, stating that counsel should focus on discovery related to the jurisdictional issue; however, nothing in the Courts order should be taken to suggest that it excludes other areas of discovery to the extent that judicial or litigation economy would not be served.Court Reporter: Theresa Lanza. (mrgo) (Entered: 09/04/2009)

TRANSCRIPT for proceedings held on Monday, August 31, 2009; 1:53 PM. Court Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/25/2009. Redacted Transcript Deadline set for 12/5/2009. Release of Transcript Restriction set for 2/2/2010. (Lanza, Theresa) (Entered: 11/04/2009)

NOTICE OF FILING TRANSCRIPT filed for proceedings Monday, August 31, 2009; 1:53 PM (Lanza, Theresa) (Entered: 11/04/2009)

Joint STIPULATION to Extend Discovery Cut−Off Date to 01/22/2010 filed by Plaintiff Raymond Barnes, City of Moreno Valley, Kevon Gordon, Rick Hall, Kristy Underwood, Stan Sniff, Does, Quincy Brown, County of Riverside, Tony Heisterberg, Dennis Longdyke, Lori Miller, Seth Harnett, Robert Duckett, Mario Herrera, Ronald Jones, Eric Brewer, Anthony Johnson, Christopher Gastinger, Richard Hutson, Joe Brown, Xochi Carmargo, Arlene Bauby. (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 11/10/2009)

ORDER by Judge Justin L. Quackenbush, re Stipulation to Extend Discovery Cut−Off Date, 79 . ( Jurisdictional Discovery cut−off extended to 1/22/2010.) (mrgo) (Entered: 11/17/2009)

STIPULATION to Dismiss Defendant Kristy Underwood filed by Plaintiff Raymond Barnes, Kevon Gordon, Kristy Underwood, Quincy Brown, Ronald Jones. (Attachments: # 1 Exhibit Settlement, # 2 Proposed Order)(Bibring, Peter) (Entered: 12/17/2009)

ORDER by Judge Virginia A. Phillips, re Stipulation to Dismiss Party 81 . This Court ORDERS that all plaintiffs' claims against defendant Kristy Underwood be dismissed with prejudice. (mrgo) (Entered: 12/21/2009)

NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke filed by DEFENDANTS Tony Heisterberg, Dennis Longdyke, Lori Miller. Motion set for hearing on 1/25/2010 at 10:00 AM before Judge Stephen G. Larson. (Attachments: # 1 Declaration of Michael Bell, # 2 Exhibit A and B, # 3 Exhibit C thru E, # 4 Exhibit F thru O, # 5 Proposed Order)(Bell, Michael) (Entered: 12/23/2009)

STIPULATION to Continue Hearing Date on Defendant's Motion to Dismiss from 1/25/2010 to 2/1/2010 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 12/30/2009)

ORDER by Judge Virginia A. Phillips CONTINUING the MOTION of Defendants Heitserberg, Longyke and Miller to Dismiss Plaintiff's First Cause of Action Pursuant to FRCP 41(b) 83 : the hearing on the Motion is continued to 2/1/2010 at 10:00 AM. Plaintiffs' brief in opposition will be due Monday 1/11/2010 and defendants' reply brief will be due Tuesday 1/9/2010. IT IS SO ORDERED. (ad) (Entered: 01/06/2010)

MINUTES OF IN CHAMBERS ORDER RE: MOTION HEARING held before Judge Audrey B. Collins re: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 . The motion hearing set for January 25, 2010, at 10:00 a.m., is vacated pending reassignment and parties will be notified. Counsel are directed to follow filing procedures indicated in the existing Standing Order issued in your case until you receive notification of reassignment. (mrgo) (Entered: 01/08/2010)

Opposition re: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Attachments: # 1 Declaration)(Bibring, Peter) (Entered: 01/11/2010)

EX PARTE APPLICATION for Protective Order for Precluding Plaintiffs from Deposing City of Moreno Valley Council Member William Batey filed by Defendants City of Moreno Valley, Tony Heisterberg, Dennis Longdyke, Lori Miller. (Attachments: # 1 Exhibit A through B, # 2 Exhibit C thru K, # 3 Proposed Order)(Bell, Michael) (Entered: 01/14/2010)

ORDER OF THE CHIEF JUDGE (#10−007) approved by Judge Audrey B. Collins. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following case be reassigned from the calendar of Judge Stephen G. Larson to the calendar of Judge Jack Zouhary for all further proceedings. The case number will now reflect the initials of the transferee Judge EDCV 09−688 JZ (SSx). (mrgo) (Entered: 01/15/2010)

MEMORANDUM in Opposition to EX PARTE APPLICATION for Protective Order for Precluding Plaintiffs from Deposing City of Moreno Valley Council Member William Batey 88 filed by Plaintiffs Raymond Barnes, Kevon Gordon,

MINUTES OF IN CHAMBERS ORDER RE: ASSIGNMENT OF CASE held before Judge Jack Zouhary: This action has been reassigned to the HONORABLE JACK ZOUHARY, District Judge, Sitting by Designation. Please substitute the initials JZ in place of the initials SGL. The case number will now read: EDCV 09−00688−JZ. As documents are routed using the judges initials, it is important to use the correct initials on all subsequent filings. Judge Zouhary's Courtroom Deputy Clerk, Carol Bethel, can be reached at (419) 213−5679 or (419) 213−5675. (mrgo) (Entered: 01/19/2010)

REPLY In Support Of MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 filed by Defendants Tony Heisterberg, Dennis Longdyke, Lori Miller. (Brown, Michael) (Entered: 01/19/2010)

MEMORANDUM AND ORDER by Magistrate Judge Suzanne H. Segal DENYING CITY OF MORENO VALLEY'S EX PARTE APPLICATION FOR PROTECTIVE ORDER PRECLUDING THE DEPOSITION OF FORMER MAYOR WILLIAM H. BATEY, II (see Order for specifics). (dhl) Modified on 1/19/2010 (dhl). (Entered: 01/19/2010)

OPPOSITION OPPOSITION re: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 Supplemental Declaration of Rishi Puri filed by Plaintiffs Raymond Barnes, Kevon Gordon, Quincy Brown, Ronald Jones. (Puri, Rishi) (Entered: 01/20/2010)

ORDER by Judge Jack Zouhary: The Court will hold a Status Phone Conference on Wednesday, March 31, 2010 at 11:30 a.m. PDT (2:30 p.m. EDT). During that conference, the Court shall rule on pending Motions; and counsel should be prepared to discuss the status of discovery and to set a firm case schedule, including a trial date. Counsel are instructed to call Chambers at (419) 213−5675 to obtain the call−in number and advise who will be attending the conference. (am) (Entered: 03/29/2010)

STATUS REPORT JOINT filed by Plaintiff Kevon Gordon. (Shartin, Stacy) (Entered: 03/30/2010)

MINUTES OF Motion Hearing held before Judge Jack Zouhary RE: MOTION to Dismiss First Cause of Action to First Amended Complaint as to Defendants Heisterberg, Miller and Longdyke 83 , and MOTION to Dismiss first amended complaint 16 . Defendants Motion to Dismiss (Doc. No. 16) is denied without prejudice. Defendants Motion to Dismiss pursuant to Rule 41(b) (Doc. No. 83) is denied. Defendants Heisterberg, Longdyke, and Miller shall file Answers to the First Amended Complaint within ten (10) days. Upon agreement of the parties, Defendant Christopher Gastinger is dismissed from the case. If appropriate, parties shall stipulate to a replacement Defendant.Court Reporter: None. (mrgo) (Entered: 03/31/2010)

ANSWER to Amended Complaint, 15 filed by defendant Tony Heisterberg, Dennis Longdyke, Lori Miller.(Bell, Michael) (Entered: 04/07/2010)

ORDER by Judge Jack Zouhary: The Court has set a Settlement Conference for Thursday, June 3, 2010 at 10:30 a.m. (PDT) in Courtroom 1, United States District Court, George E. Brown, Jr. United States Courthouse, 3470 Twelfth Street, 2nd Floor, Riverside, California 92501−3801. Lead Counsel and Parties, or a representative with full authority to negotiate and settle, are to appear in person. Further, each party shall submit an ex parte letter summarizing the settlement position to the Judge Zouharys Chambers by fax (419−213−5680) no later than Friday, May 28, 2010. (am) (Entered: 04/22/2010)

MINUTES OF Settlement Conference held before Judge Jack Zouhary: Settlement Conference held on June 3, 2010. Progress made. With consent of all parties, the Court will conduct followup efforts over the next few weeks. In the interim, further discovery is stayed pending the outcome of these discussions. (am) (Entered: 06/11/2010)

STIPULATION for Settlement filed by Plaintiffs Raymond Barnes, Quincy Brown, Kevon Gordon, Ronald Jones. (Attachments: # 1 Exhibit Signed Release, # 2 Proposed Order)(Bibring, Peter) (Entered: 06/04/2010)

RESPONSE filed by Defendant County of Riversideto Stipulation for Settlement 102 and proposed order (Lockwood, Christopher) (Entered: 06/07/2010)

RESPONSE IN SUPPORT OF STIPULATION AND PROPOSED ORDER RE SETTLEMENT (Docket #102) filed by Plaintiffs Raymond Barnes, Quincy Brown, Kevon Gordon, Ronald Jones. (Bibring, Peter) (Entered: 06/10/2010)