1
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COMPLAINT against Defendants Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does 1 through 10.(Filing fee $ 350 PAID.) Jury Demanded., filed by plaintiffs Armando Miranda, Eric Flores.(ghap) Additional attachment(s) added on 5/19/2008 (ds, ). (Entered: 05/16/2008)
2 Notice of Assignment
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3 Summons
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4 Civil Cover Sheet
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May 14, 2008
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May 14, 2008
PACER
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20 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to Defendants Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does 1 through 10. (ghap)
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May 14, 2008
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May 14, 2008
PACER
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2
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NOTICE of Interested Parties filed by Plaintiffs Armando Miranda, Eric Flores. (ghap) Additional attachment(s) added on 5/19/2008 (ds, ). (Entered: 05/16/2008)
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May 14, 2008
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May 14, 2008
PACER
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FAX number for Attorneys Paul J Estuar, Barrett S Litt is 213-380-4585. (ghap)
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May 14, 2008
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May 14, 2008
PACER
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FAX number for Attorneys Donald W Cook, Robert Frederick Mann is 213-252-0091. (ghap)
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May 14, 2008
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May 14, 2008
PACER
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FAX number for Attorney Cynthia M Anderson-Barker is 213-381-3246. (ghap)
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May 14, 2008
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May 14, 2008
PACER
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3
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STIPULATION for Extension of Time to File response filed by Defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually).(Zinger, Theodore) (Entered: 06/06/2008)
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June 6, 2008
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June 6, 2008
PACER
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4
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FIRST STIPULATION Extending Time to Answer the complaint as to Dale S. Bonner answer now due 7/10/2008; J. A. Farrow(individually) answer now due 7/10/2008; Sunne Wright McPeak(individually) answer now due 7/10/2008, filed by Defendants Dale S. Bonner; J. A. Farrow(individually); Sunne Wright McPeak(individually).(Zinger, Theodore) (Entered: 06/06/2008)
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June 6, 2008
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June 6, 2008
PACER
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5
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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV07-1854 SJO (VBKx). Case transfered from Judge George P. Schiavelli and Magistrate Judge Patrick J. Walsh to Judge S. James Otero and Magistrate Judge Victor B. Kenton for all further proceedings. The case number will now reflect the initials of the transferee Judge CV08-3178 SJO (VBKx).Signed by Judge S. James Otero (at) (Entered: 06/09/2008)
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June 9, 2008
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June 9, 2008
PACER
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6
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FIRST STIPULATION Extending Time to Answer the complaint as to City of Los Angeles answer now due 7/10/2008, filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 06/09/2008)
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June 9, 2008
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June 9, 2008
PACER
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7
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NOTICE of Related Case(s) filed by defendant City of Los Angeles. Related Case(s): CV07-1854 (Leung, Todd) (Entered: 06/09/2008)
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June 9, 2008
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June 9, 2008
PACER
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8
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INITIAL STANDING ORDER for cases assigned to Judge S. James Otero, (bp) (Entered: 06/12/2008)
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June 12, 2008
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June 12, 2008
PACER
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9
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PROOF OF SERVICE Executed by Plaintiffs Armando Miranda, Eric Flores, upon Dale E. Bonner(individually) served on 5/21/2008, answer due 6/10/2008. Answer due 7/10/08 by Stipulation. The Summons and Complaint were served by Personal service, by Federal statute, upon Kathryn, Executive Assistant. Due Dilligence declaration no. Original Summons not returned. (Estuar, Paul) (Entered: 07/02/2008)
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July 2, 2008
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July 2, 2008
PACER
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10
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PROOF OF SERVICE Executed by Plaintiffs Armando Miranda, Eric Flores, upon J. A. Farrow(individually) served on 5/21/2008, answer due 7/10/2008. by Stipulation The Summons and Complaint were served by Personal service, by Federal statute, upon Debra Dias, Assoc. Gvt. Programming Analyst. Due Dilligence declaration none. Original Summons not. (Estuar, Paul) (Entered: 07/02/2008)
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July 2, 2008
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July 2, 2008
PACER
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11
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PROOF OF SERVICE Executed by Plaintiffs Armando Miranda, Eric Flores, upon City of Los Angeles served on 5/21/2008, answer due 7/10/2008. by Stipulation. The Summons and Complaint were served by Personal service, by Federal statute, upon Receptionist. Due Dilligence declaration no. Original Summons no. (Estuar, Paul) (Entered: 07/02/2008)
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July 2, 2008
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July 2, 2008
PACER
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12
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Summons Returned Unexecuted filed by Plaintiffs Armando Miranda, Eric Flores. as to Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities). (Estuar, Paul) (Entered: 07/02/2008)
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July 2, 2008
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July 2, 2008
PACER
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13
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Second STIPULATION for Extension of Time to File Answer to 07/24/2008 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 07/09/2008)
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July 9, 2008
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July 9, 2008
PACER
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14
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NOTICE OF MOTION AND MOTION to Certify Class for Injunctive Purposes filed by Plaintiffs Armando Miranda, Eric Flores. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order for Injunctive Class)(Litt, Barrett) (Entered: 07/14/2008)
2 Proposed Order for Injunctive Class
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July 14, 2008
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July 14, 2008
PACER
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15
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DECLARATION of Robert Mann In Support Of MOTION to Certify Class for Injunctive Purposes 14 filed by Plaintiffs Armando Miranda, Eric Flores. (Litt, Barrett) (Entered: 07/14/2008)
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July 14, 2008
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July 14, 2008
PACER
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16
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DECLARATION of Barrett Litt In Support Of MOTION to Certify Class for Injunctive Purposes 14 filed by Plaintiffs Armando Miranda, Eric Flores. (Litt, Barrett) (Entered: 07/14/2008)
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July 14, 2008
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July 14, 2008
PACER
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17
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DECLARATION of Paul Estuar In Support Of MOTION to Certify Class for Injunctive Purposes 14 filed by Plaintiffs Armando Miranda, Eric Flores. (Attachments: # 1 Exhibit 01, # 2 Exhibit 02, # 3 Exhibit 001, # 4 Exhibit 002, # 5 Exhibit 133, # 6 Exhibit 140, # 7 Exhibit 141, # 8 Exhibit 142, # 9 Exhibit 143, # 10 Exhibit 148, # 11 Exhibit 149, # 12 Exhibit 150, # 13 Exhibit 153, # 14 Exhibit 154, # 15 Exhibit 155, # 16 Exhibit 159, # 17 Exhibit 167, # 18 Exhibit 168, # 19 Exhibit 178, # 20 Exhibit 179, # 21 Exhibit 190, # 22 Exhibit 316, # 23 Exhibit 317, # 24 Exhibit 318)(Litt, Barrett) (Entered: 07/14/2008)
2 Exhibit 01
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3 Exhibit 02
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4 Exhibit 001
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5 Exhibit 002
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6 Exhibit 133
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7 Exhibit 140
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8 Exhibit 141
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9 Exhibit 142
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10 Exhibit 143
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11 Exhibit 148
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12 Exhibit 149
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13 Exhibit 150
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14 Exhibit 153
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15 Exhibit 154
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16 Exhibit 155
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17 Exhibit 159
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18 Exhibit 167
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19 Exhibit 168
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20 Exhibit 178
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21 Exhibit 179
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22 Exhibit 190
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23 Exhibit 316
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24 Exhibit 317
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25 Exhibit 318
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July 14, 2008
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July 14, 2008
PACER
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18
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FIRST AMENDED COMPLAINT against defendants' Los Angeles Police Department, City of Signal Hill, Signal Hill Police Department, Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does; Party Dale S. Bonner terminated amending Complaint - (Discovery), Complaint - (Discovery) 1,filed by plaintiffs' Jorge Heredia, Armando Miranda, Eric Flores (bp) (Entered: 07/15/2008)
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July 14, 2008
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July 14, 2008
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19
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AMENDED NOTICE OF INTERESTED PARTIES filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. Amendment to Certificate/Notice of Interested Parties 2 (bp) (Entered: 07/15/2008)
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July 14, 2008
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July 14, 2008
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20
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Case number is incorrect or missing. RE: Service of Summons and Complaint Returned Executed (20 days) 11, Summons Returned Unexecuted 12, Service of Summons and Complaint Returned Executed (20 days) 9, Service of Summons and Complaint Returned Executed (20 days) 10 . 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. (csi) (Entered: 07/15/2008)
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July 15, 2008
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July 15, 2008
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21
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EX PARTE APPLICATION to Shorten Time for Hearing to 8/04/2008 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Attachments: # 1 Declaration re Ex Parte Application, # 2 Proposed Order Re Ex Parte Application)(Litt, Barrett) (Entered: 07/15/2008)
2 Declaration re Ex Parte Application
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3 Proposed Order Re Ex Parte Application
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July 15, 2008
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July 15, 2008
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22
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EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, filed by Plaintiff Jorge Heredia. (Attachments: # 1 Proposed Order Temporary Restraining Order / Order to Show Cause)(Cook, Donald) (Entered: 07/15/2008)
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July 15, 2008
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July 15, 2008
PACER
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23
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MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, 22 Memorandum of Points and Authorities in Support of Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, filed by Plaintiff Jorge Heredia. (Cook, Donald) (Entered: 07/15/2008)
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July 15, 2008
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July 15, 2008
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24
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DECLARATION of Jorge Heredia, Jose Luis Tirado, Maria Tirado, Dinorah Pinelo, and Donald W. Cook In Support Of EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, 22 Declarations of Jorge Heredia, Jose Luis Tirado, Maria Tirado, Dinorah Pinelo, and Donald W. Cook, in Support of Application for Temporary Restraining Order, filed by Plaintiff Jorge Heredia. (Cook, Donald) (Entered: 07/15/2008)
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July 15, 2008
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July 15, 2008
PACER
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25
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PROOF OF SERVICE Executed by Plaintiff Armando Miranda, Jorge Heredia, Eric Flores, upon City of Signal Hill served on 7/16/2008, answer due 8/5/2008; Signal Hill Police Department served on 7/16/2008, answer due 8/5/2008. The Summons and Complaint were served by Personal Service service, by F.R.Cv.Proc. 4(c)(2) statute, upon Deputy Clerk Rebecca Burlenson, authorized to accept service. Due Dilligence declaration Not Required. Original Summons Not Returned. (Cook, Donald) (Entered: 07/16/2008)
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July 16, 2008
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July 16, 2008
PACER
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26
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PROOF OF SERVICE filed by Plaintiff Armando Miranda, Jorge Heredia, Eric Flores, re EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, EX PARTE APPLICATION for Temporary Restraining Order as to Release of Vehicle Seized under § 14602.6(a) Plaintiff Jorge Heredias Application for Temporary Restraining Order Or, in the Alternative, Order to Show Cause, 22, Memorandum in Support of Motion,, 23, Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 24 Proof of Service of Plaintiff Jorge Heredias Application for Tro, Etc., served on 7/16/2008. (Cook, Donald) (Entered: 07/16/2008)
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July 16, 2008
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July 16, 2008
PACER
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27
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PROOF OF SERVICE filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores, re MOTION to Certify Class for Injunctive Purposes 14 Proof of Service of Notice and Motion for Class Certification re Service on Signal Hill Defendants, served on 7/16/2008. (Cook, Donald) (Entered: 07/16/2008)
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July 16, 2008
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July 16, 2008
PACER
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28
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EX PARTE APPLICATION to Continue Hearing on Motion for Class Certification from 8/4/2008 to 9/15/2008 filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 07/16/2008)
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July 16, 2008
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July 16, 2008
PACER
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29
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NOTICE OF LODGING filed re EX PARTE APPLICATION to Continue Hearing on Motion for Class Certification from 8/4/2008 to 9/15/2008 28 (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 07/16/2008)
2 Proposed Order
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July 16, 2008
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July 16, 2008
PACER
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30
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ORDER Granting Plaintiff Jorge Heredia's "Ex Parte Application for Temporary Restraining Order or, in the Alternative, Order to Show Cause" 22 by Judge S. James Otero. Because Heredia is likely to succeed and the balance of hardships tips sharply in his favor, Heredia's Application is GRANTED. Signal Hill and the Signal Hill Police Department are ORDERED to release Heredia's car to him or an authorized and licensed representative without requiring payment. Heredia must popst a $900 security bond. See order for further details. (csi) (Entered: 07/17/2008)
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July 16, 2008
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July 16, 2008
PACER
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31
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ORDER Granting Defendants' Ex Parte Application to Continue the Hearing Date on Plaintiffs' Motion for Class Certification 28 by Judge S. James Otero. Defendants' application is GRANTED. Plaintiffs' motion for class certification set for hearing on 8/4/08 is continued to 9/2/08 at 10:00 am. The briefing schedule is modified to reflect the new hearing date. (csi) (Entered: 07/17/2008)
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July 17, 2008
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July 17, 2008
PACER
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32
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND FOR WAIVER OF LOCAL RULE 7-3 REQUIREMENT by Judge S. James Otero, re EX PARTE APPLICATION to Shorten Time for Hearing to 8/04/2008 21 (bp) (Entered: 07/18/2008)
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July 17, 2008
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July 17, 2008
PACER
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33
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NOTICE OF MOTION AND MOTION to Dismiss Case ( Motion set for hearing on 8/18/2008 at 10:00 AM before Judge S. James Otero.), MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 filed by defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 07/24/2008)
2 Proposed Order
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July 24, 2008
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July 24, 2008
PACER
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34
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REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 filed by defendant City of Los Angeles. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Leung, Todd) (Entered: 07/24/2008)
2 Exhibit
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3 Exhibit
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4 Exhibit
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5 Exhibit
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6 Exhibit
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7 Exhibit
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8 Exhibit
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July 24, 2008
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July 24, 2008
PACER
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35
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ANSWER to Amended Complaint,, 18 JURY DEMAND. Answer to Plaintiffs' First Amended Complaint and Demand for Jury Trial filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(and in their official capacities).(Zinger, Theodore) (Entered: 07/25/2008)
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July 25, 2008
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July 25, 2008
PACER
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36
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Certificate of Interested Parties filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually), identifying all parties to the lawsuit. (Zinger, Theodore) (Entered: 07/25/2008)
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July 25, 2008
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July 25, 2008
PACER
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37
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STIPULATION for Discovery as to Early deposition of Plaintiffs filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 07/25/2008)
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July 25, 2008
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July 25, 2008
PACER
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38
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ORDER Setting Scheduling Conference by Judge S. James Otero. Counsel are hereby notified that a Scheduling Conference has been set for Monday, 8/25/08 at 8:30 a.m. before District Judge S. James Otero in Courtroom 880, 255 East Temple Street, Los Angeles, California 90012. Counsel are directed to file a Joint Rule 26(f) Report on or before 8/11/08. (csi) (Entered: 07/28/2008)
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July 28, 2008
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July 28, 2008
PACER
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39
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OPPOSITION to MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Estuar, Paul) (Entered: 08/04/2008)
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Aug. 4, 2008
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Aug. 4, 2008
PACER
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40
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ANSWER to Amended Complaint,, 18 DEFENDANT CITY OF SIGNAL HILL'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL filed by DEFENDANT City of Signal Hill.(Tucker, Glen) (Entered: 08/05/2008)
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Aug. 5, 2008
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Aug. 5, 2008
PACER
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41
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CERTIFICATE of Interested Parties filed by DEFENDANT City of Signal Hill, identifying Plaintiff Armando Miranda; Plaintiff Eric Flores; Plaintiff Jorge Heredia; Defendant Dale E. Bonner; Defendant J.A. Farrow; Defendant Sunne Wright McPeak; Defendant City of Los Angeles; Defendant City of Signal Hill, also erroneously names as Signal Hill Police. (Tucker, Glen) (Entered: 08/05/2008)
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Aug. 5, 2008
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Aug. 5, 2008
PACER
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42
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REPLY MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 filed by Defendant City of Los Angeles. (Leung, Todd) (Entered: 08/11/2008)
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Aug. 11, 2008
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Aug. 11, 2008
PACER
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43
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JOINT RULE 26(f) REPORT filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Cook, Donald) (Entered: 08/12/2008)
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Aug. 12, 2008
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Aug. 12, 2008
PACER
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44
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STIPULATION to Reschedule Hearing date and briefing schedule on Plaintiffs' Motion for Class Certification filed by defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 08/12/2008)
2 Proposed Order
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Aug. 12, 2008
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Aug. 12, 2008
PACER
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45
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MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: Plaintiff must file a Sur-Reply regarding standing to pursue injunctive relief on or before 8/15/08. This brief is limited to argument and evidence that an injunction would benefit Plaintiffs and must not exceed four pages in length. (bp) (Entered: 08/13/2008)
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Aug. 13, 2008
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Aug. 13, 2008
PACER
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46
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IT IS HEREBY ORDERED that Plaintiffs' motion for class certification is continued to September 29, 2008, and the briefing schedule on the motion is continued as follows: Oppositions due by September 8, 2008; Reply due by September 22, 2008 by Judge S. James Otero (bp) (Entered: 08/13/2008)
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Aug. 13, 2008
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Aug. 13, 2008
PACER
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47
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MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: The parties are advised that MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint, 18 filed 7/24/08, scheduled for hearing on 8/18/08, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. (bp) (Entered: 08/14/2008)
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Aug. 14, 2008
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Aug. 14, 2008
PACER
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48
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OPPOSITION Sur-Reply Requested by the Court filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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49
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NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. Motion set for hearing on 9/29/2008 at 10:00 AM before Judge S. James Otero. (Litt, Barrett) (Entered: 08/15/2008)
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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50
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DECLARATION of Barrett S. Litt In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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51
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DECLARATION of Robert Mann In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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52
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DECLARATION of Donald Cook In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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53
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DECLARATION of Paul J. Estuar In Support Of MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Attachments: # 1 Exhibit 1 to Estuar Declaration, # 2 Exhibit 2 to Estuar Declaration, # 3 Exhibit 133 to Estuar Declaration, # 4 Exhibit 135 to Estuar Declaration, # 5 Exhibit 140 to Estuar Declaration, # 6 Exhibit 141 to Estuar Declaration, # 7 Exhibit 142 to Estuar Declaration, # 8 Exhibit 143 to Estuar Declaration, # 9 Exhibit 148 to Estuar Declaration, # 10 Exhibit 149 to Estuar Declaration, # 11 Exhibit 150 to Estuar Declaration, # 12 Exhibit 153 to Estuar Declaration, # 13 Exhibit 154 to Estuar Declaration, # 14 Exhibit 155 to Estuar Declaration, # 15 Exhibit 159 to Estuar Declaration, # 16 Exhibit 167 to Estuar Declaration, # 17 Exhibit 168 to Estuar Declaration, # 18 Exhibit 178 to Estuar Declaration, # 19 Exhibit 179 to Estuar Declaration, # 20 Exhibit 190 to Estuar Declaration, # 21 Exhibit 318 to Estuar Declaration)(Litt, Barrett) (Entered: 08/15/2008)
2 Exhibit 1 to Estuar Declaration
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3 Exhibit 2 to Estuar Declaration
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4 Exhibit 133 to Estuar Declaration
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5 Exhibit 135 to Estuar Declaration
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6 Exhibit 140 to Estuar Declaration
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7 Exhibit 141 to Estuar Declaration
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8 Exhibit 142 to Estuar Declaration
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9 Exhibit 143 to Estuar Declaration
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10 Exhibit 148 to Estuar Declaration
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11 Exhibit 149 to Estuar Declaration
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12 Exhibit 150 to Estuar Declaration
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13 Exhibit 153 to Estuar Declaration
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14 Exhibit 154 to Estuar Declaration
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15 Exhibit 155 to Estuar Declaration
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16 Exhibit 159 to Estuar Declaration
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17 Exhibit 167 to Estuar Declaration
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18 Exhibit 168 to Estuar Declaration
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19 Exhibit 178 to Estuar Declaration
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20 Exhibit 179 to Estuar Declaration
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21 Exhibit 190 to Estuar Declaration
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22 Exhibit 318 to Estuar Declaration
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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54
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SUPPLEMENT to MOTION to Certify Class 49 Supplemental Declaration of Paul J. Estuar filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Attachments: # 1 Exhibit 25 to Supplemental Declaration, # 2 Exhibit 26 to Supplemental Declaration, # 3 Exhibit 27 to Supplemental Declaration)(Litt, Barrett) (Entered: 08/15/2008)
2 Exhibit 25 to Supplemental Declaration
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3 Exhibit 26 to Supplemental Declaration
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4 Exhibit 27 to Supplemental Declaration
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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55
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PROPOSED ORDER re MOTION to Certify Class 49 filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 08/15/2008)
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Aug. 15, 2008
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Aug. 15, 2008
PACER
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56
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ORDER by Judge S. James Otero re MOTION to Dismiss Case MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 MOTION to Strike Portions of First Amended Complaint Amended Complaint,, 18 33 . the City's Motion is GRANTED IN PART and DENIED IN PART. Plaintiffs' claims based on the initial impoundment of cars driven by persons with non-Californialicenses are DISMISSED with prejudice. Miranda's procedural due process claim based on a failure to consider mitigating circumstances is DISMISSED without prejudice. Plaintiffs must file a Second Amended Complaint ("SAC") conforming with this Order on or before August 29, 2008. Defendants must answer the SAC on or before September 15, 2008. (rrey) (Entered: 08/22/2008)
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Aug. 22, 2008
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Aug. 22, 2008
PACER
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57
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NOTICE of Change of Address by Glen E Tucker attorney for Defendant City of Signal Hill, changing address to ALESHIRE & WYNDER LLP, GLEN E. TUCKER, Bar No. 54709, glentucker@yahoo.com, GRACE M. FUJITA, Bar No. 236794, gfujita@awattorneys.com, 1515 W. 190th Sreet, Suite 565, Gardena, CA 90248, Telephone: (310) 527-6660, Facsimile: (310) 532-7395. Filed by Defendant CITY OF SIGNAL HILL (erroneously reffered to seperately as SIGNALL HILL POLICE DEPARTMENT) (Tucker, Glen) (Entered: 08/25/2008)
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Aug. 25, 2008
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Aug. 25, 2008
PACER
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58
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proof of service OF SERVICE filed by Defendant City of Signal Hill, re Answer to Complaint 40 NOTICE OF FILING PROOF OF SERIVCE OF DEFENDANT CITY OF SIGNAL HILL'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL served on August 4, 2008. (Tucker, Glen) (Entered: 08/25/2008)
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Aug. 25, 2008
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Aug. 25, 2008
PACER
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59
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NOTICE OF SERVICE filed by Defendant City of Signal Hill, re Certificate/Notice of Interested Parties, 41 NOTICE OF FILING PROOF OF SERVICE OF CERTIFICATE OF INTERESTED PARTIES served on August 25, 2008. (Tucker, Glen) (Entered: 08/25/2008)
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Aug. 25, 2008
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Aug. 25, 2008
PACER
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60
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CORRECTED NOTICE OF SERVICE filed by Defendant City of Signal Hill, re Proof of Service (subsequent documents), Proof of Service (subsequent documents) 58 NOTICE OF FILING PROOF OF SERVICE OF DEFENDANT CITY OF SIGNAL HILL'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL served on August 25, 2008. (Tucker, Glen) (Entered: 08/25/2008)
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Aug. 25, 2008
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Aug. 25, 2008
PACER
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61
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INITIAL DISCLOSURE of PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1) DEFENDANT CITY OF SIGNAL HILL'S INITIAL DISCLOSURES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1) filed by Defendant City of Signal Hill (Tucker, Glen) (Entered: 08/27/2008)
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Aug. 27, 2008
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Aug. 27, 2008
PACER
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62
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SECOND AMENDED COMPLAINT against defendants' Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does, Los Angeles Police Department, City of Signal Hill, Signal Hill Police Department amending Amended Complaint,, 18,filed by plaintiffs' Armando Miranda, Jorge Heredia, Eric Flores (bp) (Entered: 09/02/2008)
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Aug. 29, 2008
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Aug. 29, 2008
PACER
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63
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20 DAY Summons Issued re Amended Complaint,, 62 as to defendants' Dale E. Bonner(individually), Dale E. Bonner(and in their official capacities), J. A. Farrow(individually), J. A. Farrow(and in their official capacities), Sunne Wright McPeak(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, Does, Los Angeles Police Department, City of Signal Hill, Signal Hill Police Department. (bp) (Entered: 09/02/2008)
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Aug. 29, 2008
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Aug. 29, 2008
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64
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EX PARTE APPLICATION for Order for ALLOWING DEFENDANTS TO FILE A SEPARATE REPLY TO PLAINTIFFS OPPOSITION TO STATE DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually). (Attachments: # 1 Proposed Order PROPOSED ORDER ALLOWING DEFENDANTS TO FILE A SEPARATE REPLY TO PLAINTIFFS OPPOSITION TO STATE DEFENDANTS MOTION FOR SUMMARY JUDGMENT.)(Zinger, Theodore) (Entered: 09/04/2008)
2 Proposed Order PROPOSED ORDER ALLOWING DEFENDANTS TO FILE A SEPARATE REPLY TO PL
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Sept. 4, 2008
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Sept. 4, 2008
PACER
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65
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OPPOSITION to MOTION to Certify Class 49, MOTION to Certify Class for Injunctive Purposes 14 filed by Defendants Dale E. Bonner, J. A. Farrow, City of Los Angeles, City of Signal Hill. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Leung, Todd) (Entered: 09/08/2008)
2 Declaration
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3 Exhibit
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4 Exhibit
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Sept. 8, 2008
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Sept. 8, 2008
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66
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ANSWER to Amended Complaint,, 62 filed by defendant City of Signal Hill.(Tucker, Glen) (Entered: 09/10/2008)
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Sept. 10, 2008
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Sept. 10, 2008
PACER
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67
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Certificate of Interested Parties of Interested Parties filed by Defendant City of Signal Hill, (Tucker, Glen) (Entered: 09/10/2008)
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Sept. 10, 2008
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Sept. 10, 2008
PACER
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68
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ANSWER to Amended Complaint,, 62 Answer to Plaintiffs' Second Amended Complaint and Demand For Jury Trial filed by defendants Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(individually).(Zinger, Theodore) (Entered: 09/15/2008)
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Sept. 15, 2008
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Sept. 15, 2008
PACER
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69
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ANSWER to Amended Complaint,, 62 filed by defendant City of Los Angeles.(Leung, Todd) (Entered: 09/15/2008)
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Sept. 15, 2008
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Sept. 15, 2008
PACER
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70
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REPLY Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Litt, Barrett) (Entered: 09/22/2008)
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Sept. 22, 2008
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Sept. 22, 2008
PACER
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71
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MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: The parties are advised that Plaintiff's MOTION for Class Certification filed 8/15/08 49 and Motion to Certify Class for injunctive purposes filed by plaintiffs Armando Miranda, Eric Flores filed 7/14/08 (14), scheduled for hearing on 9/29/08, are taken under submission. Accordingly, the hearing date is vacated. Order will issue. (bp) (Entered: 09/23/2008)
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Sept. 23, 2008
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Sept. 23, 2008
PACER
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72
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MINUTES OF Scheduling Conference held before Judge S. James Otero, Last Date to File a Motion or Stipulation to Amend or Add Parties 9/25/2008., Discovery cut-off 3/16/2009., Motion Hearing Cut-off 4/27/2009., Jury Trial set for 6/16/2009 09:00 AM., Pretrial Conference set for 6/8/2009 09:00 AM.Court Reporter: Margarita Lopez. (bp) (Entered: 09/25/2008)
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Sept. 25, 2008
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Sept. 25, 2008
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73
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MINUTES OF IN CHAMBERS ORDER Staying Plaintiff's Motions for Class Certification 14 49 held before Judge S. James Otero. For the reasons contained in this order, Plaintiffs' Motions are STAYED pending the Ninth Circuit Court of Appeals' ruling in Salazar v. Schwarzenegger, No. 07-01854. Plaintiffs are ordered to file a Notice of Ruling with the Court within 30 days of the Ninth Circuit's decision. (csi) (Entered: 09/30/2008)
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Sept. 30, 2008
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Sept. 30, 2008
PACER
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74
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NOTICE OF MOTION AND Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) filed by defendant Dale E. Bonner(individually), J. A. Farrow(individually), Sunne Wright McPeak(and in their official capacities), City of Los Angeles, City of Signal Hill. Motion set for hearing on 12/15/2008 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Leung, Todd) (Entered: 11/24/2008)
2 Proposed Order
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Nov. 24, 2008
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Nov. 24, 2008
PACER
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75
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MEMORANDUM in Opposition to Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx)Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) 74 Opposition filed by Plaintiffs Armando Miranda, Jorge Heredia, Eric Flores. (Estuar, Paul) (Entered: 12/02/2008)
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Dec. 2, 2008
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Dec. 2, 2008
PACER
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76
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REPLY in support of Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx)Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) 74 filed by Defendants Dale E. Bonner, J. A. Farrow, Sunne Wright McPeak, City of Los Angeles, City of Signal Hill. (Leung, Todd) (Entered: 12/08/2008)
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Dec. 8, 2008
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Dec. 8, 2008
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77
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MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: re: Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx)Joint MOTION to Stay Case pending resolution from the ninth circuit on Salazar v. Schwarzenegger, USDC case number CV07-01854SJO(VBKx) 74 filed 11/24/08, scheduled for hearing on 12/15/08, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. (bp) (Entered: 12/09/2008)
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Dec. 9, 2008
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Dec. 9, 2008
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78
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ORDER by Judge S. James Otero, GRANTING Defendants' Joint MOTION to Stay entire action pending resolution from the ninth circuit on Salazar v Schwarzenegger, No.07-1854 74 . The Court hereby STAYS the entire action pending the Ninth Circuit Court of Appeals' ruling in Salazar v. Schwartzenegger, No.07-1854. Plaintiffs are ordered to file a notice of ruling with the Court within 30 days of the Ninth Circuit's decision. (bp) (Entered: 12/10/2008)
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Dec. 10, 2008
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Dec. 10, 2008
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79
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NOTICE of Change of Attorney Information for attorney Sandra Isabel Barrientos counsel for Defendants Dale E. Bonner, J. A. Farrow, Sunne Wright McPeak. Theodore Zinger will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by Defendants Dale Bonner, Sunne Wright McPeak, Joseph A. Farrow (Barrientos, Sandra) (Entered: 01/28/2009)
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Jan. 28, 2009
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Jan. 28, 2009
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80
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NOTICE of CHANGE IN FIRM NAME filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Estuar, Paul) (Entered: 08/27/2010)
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Aug. 27, 2010
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Aug. 27, 2010
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81
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 80 . The following error(s) was found: Incorrect event selected. The correct event is: Notice: change of address (also includes change of firm name). 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. (lc) (Entered: 08/30/2010)
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Aug. 30, 2010
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Aug. 30, 2010
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82
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NOTICE of Change of address by Glen E Tucker attorney for Defendant City of Signal Hill. Changing attorneys address to 18881 Von Karman Avenue, Suite 1700, Irvine CA 92612. Filed by Defendant City of Signal Hill. (Tucker, Glen) (Entered: 03/08/2011)
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March 8, 2011
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March 8, 2011
PACER
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83
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MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero. The Court sets a Status Conference on July 18, 2011 at 10:00 a.m. (sch) (Entered: 06/07/2011)
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June 7, 2011
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June 7, 2011
PACER
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84
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MINUTE ORDER IN CHAMBERS by Judge S. James Otero:The Court Orders the Stay vacated. The Court sets a Status Conference on Monday, August 29, 2011 8:30 a.m.The parties shall file a joint status report by August 15, 2011. (lc) Modified on 7/21/2011 (lc). (Entered: 07/21/2011)
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July 18, 2011
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July 18, 2011
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85
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STATUS REPORT JOINTLY filed by Defendants Dale E. Bonner, City of Los Angeles, City of Signal Hill, J. A. Farrow, Sunne Wright McPeak, Plaintiff Armando Miranda. (Barrientos, Sandra) (Entered: 08/15/2011)
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Aug. 15, 2011
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Aug. 15, 2011
PACER
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86
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NOTICE OF ERRATA filed by Defendants Dale E. Bonner, City of Los Angeles, City of Signal Hill, J. A. Farrow, Sunne Wright McPeak, Plaintiff Armando Miranda. correcting Status Report 85 (Barrientos, Sandra) (Entered: 08/15/2011)
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Aug. 15, 2011
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Aug. 15, 2011
PACER
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87
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MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero. The Court continues the Status Conference to Monday, September 26, 2011 at 8:30 a.m. The parties shall file a joint report by September 14, 2011. (sch) (Entered: 08/26/2011)
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Aug. 26, 2011
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Aug. 26, 2011
PACER
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88
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STATUS REPORT JOINTLY filed by Defendants Dale E. Bonner, City of Los Angeles, City of Signal Hill, J. A. Farrow, Sunne Wright McPeak, Plaintiff Armando Miranda. (Barrientos, Sandra) (Entered: 09/14/2011)
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Sept. 14, 2011
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Sept. 14, 2011
PACER
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89
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MINUTES: STATUS CONFERENCE: Matter is held for hearing. The Court advises counsel to determine the issues that are still remaining before the Court.Court and Counsel confer. The Court advises counsel to re-visit the issue of class certification. The Court advises counsel to re-define the class and submit a new definition. Plaintiff shall re-file a new motion for class certification due on or before October 17, 2011. The Opposition is due on or before November 7, 2011. The reply is due on or before November 14, 2011. The hearing for the motion is to be set for December 5, 2011 at 10:00 a.m. The Ex Parte Application for Order for Allowing Defendants to File a Separate Reply to Plaintiffs Opposition to State Defendants Motion for Summary Judgment 64 filed by defendants on 09/04/08 is GRANTED by Judge S. James Otero Court Reporter: Margarita Lopez. (ir) (Entered: 10/04/2011)
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Sept. 26, 2011
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Sept. 26, 2011
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90
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AMENDED MINUTES{89} RE STATUS CONFERENCE held before Judge S. James Otero: The Court advises counsel to determine the issues that are still remaining before the Court. Court and Counsel confer. The Court re-visits the issue of class certification. The Court STRIKES the following pending motions, Plaintiffs Motion for Class Certification 14 and Plaintiffs Motion for Class Certification - Damages class 49 . Plaintiff shall re-file a new motion for class certification due on or before October 17, 2011. The Opposition is due on or before November 7, 2011. The reply is due on or before November 14, 2011. The hearing for the motion is to be set for December 5, 2011 at 10:00 a.m. The Ex Parte Application for Order for Allowing Defendants to File a Separate Reply to Plaintiffs Opposition to State Defendants Motion for Summary Judgment 64 filed by defendants on 09/04/08 is GRANTED. (lc) (Entered: 10/07/2011)
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Sept. 26, 2011
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Sept. 26, 2011
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91
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NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. Motion set for hearing on 12/5/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Litt, Barrett) (Entered: 10/17/2011)
1 Proposed Order
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Oct. 17, 2011
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Oct. 17, 2011
PACER
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92
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DECLARATION of Barrett S. Litt In Support Of MOTION to Certify Class 91 filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Attachments: # 1 Exhibit Barry Litt CV)(Litt, Barrett) (Entered: 10/17/2011)
1 Exhibit Barry Litt CV
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Oct. 17, 2011
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Oct. 17, 2011
PACER
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93
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DECLARATION of Robert Mann In Support Of MOTION to Certify Class 91 filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Litt, Barrett) (Entered: 10/17/2011)
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Oct. 17, 2011
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Oct. 17, 2011
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94
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DECLARATION of Paul J. Estuar In Support Of MOTION to Certify Class 91 filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28, # 7 Exhibit 29, # 8 Exhibit 30, # 9 Exhibit 133, # 10 Exhibit 140, # 11 Exhibit 141, # 12 Exhibit 142, # 13 Exhibit 143, # 14 Exhibit 148, # 15 Exhibit 149, # 16 Exhibit 150, # 17 Exhibit 153, # 18 Exhibit 154, # 19 Exhibit 155, # 20 Exhibit 159, # 21 Exhibit 167, # 22 Exhibit 168, # 23 Exhibit 178, # 24 Exhibit 179, # 25 Exhibit 190, # 26 Exhibit 318)(Litt, Barrett) (Entered: 10/17/2011)
1 Exhibit 1
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2 Exhibit 2
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3 Exhibit 25
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4 Exhibit 26
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5 Exhibit 27
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6 Exhibit 28
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7 Exhibit 29
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8 Exhibit 30
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9 Exhibit 133
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10 Exhibit 140
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11 Exhibit 141
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12 Exhibit 142
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13 Exhibit 143
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14 Exhibit 148
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15 Exhibit 149
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16 Exhibit 150
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17 Exhibit 153
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18 Exhibit 154
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19 Exhibit 155
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20 Exhibit 159
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21 Exhibit 167
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22 Exhibit 168
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23 Exhibit 178
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24 Exhibit 179
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25 Exhibit 190
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26 Exhibit 318
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Oct. 17, 2011
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Oct. 17, 2011
PACER
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95
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NOTICE OF MOTION AND MOTION for Leave to file Third Amended Class Action Complaint for Damages and Injunctive Relief Plaintiffs Notice of Motion for Leave to File Third Amended Class Complaint for Damages and Injunctive Relief; Memorandum of Points and Authorities; Proposed Third Amended Complaint filed by Plaintiffs Eric Flores, Jorge Heredia, Armando Miranda. Motion set for hearing on 12/5/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order Granting Leave to File Third Amended Class Action Complaint)(Cook, Donald) (Entered: 10/17/2011)
1 Proposed Order Granting Leave to File Third Amended Class Action Complaint
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Oct. 17, 2011
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Oct. 17, 2011
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96
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Robert Mann Declaration (Motion related) 93 . The following error(s) was found: Refiling of declaration filed Previously on 8/24/2007 in another case CV 07-1854 SJO. Should have Formal Title page and identification as to what this document is... 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. (lc) (Entered: 10/18/2011)
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Oct. 18, 2011
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Oct. 18, 2011
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