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Old March 20, 2011, 04:52 PM   #136
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,317
Another case that isn't going to be of much (if any) help, is Birdt v. Beck. I checked in just long enough to update the docket (which hadn't been updated since early last January).

Quote:
01/09/2011 24 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiff Jonathan Birdt. (Attachments: # 1 Proposed Order)(Birdt, Jonathan) (Entered: 01/09/2011)

01/09/2011 25 DECLARATION of Jonathan W. birdt in support of MOTION for Summary Judgment as to Plaintiff's complaint 20 filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 01/09/2011)

01/09/2011 26 SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's complaint 20 [proposed] judgment filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 01/09/2011)

01/10/2011 27 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Defendants Charlie Beck, The Los Angeles Police Department.. (Mitchell, Elizabeth) (Entered: 01/10/2011)

01/27/2011 28 NOTICE of Change of Attorney Information for attorney Jonathan C McCaverty counsel for Defendants Lee Baca, The Los Angeles County Sheriffs Department. Adding Jonathan McCaverty as attorney as counsel of record for Los Angeles County Sheriff's Department and Lee Baca for the reason indicated in the G-06 Notice. Filed by Defendants Los Angeles County Sheriff's Department and Lee Baca (McCaverty, Jonathan) (Entered: 01/27/2011)

02/04/2011 29 JOINT REPORT Rule 26(f) Discovery Plan SUPPLEMENTAL FRCP RULE 26(f) JOINT REPORT ; estimated length of trial 2-3 DAYS, filed by Defendants Charlie Beck, The Los Angeles Police Department.. (Mitchell, Elizabeth) (Entered: 02/04/2011)

02/14/2011 30 NOTICE OF MOTION AND MOTION to Stay Case pending the appeal to the Ninth Circuit Defendant City of Los Angeles' Notice of Motion and Motion to Stay the Declaratory Relief Action; Memorandum of Points and Authorities filed by Defendants Charlie Beck, The Los Angeles Police Department. Motion set for hearing on 3/14/2011 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Shapero, Wendy) (Entered: 02/14/2011)

02/14/2011 31 DECLARATION of Elizabeth Mitchell In Support Of MOTION to Stay Case pending the appeal to the Ninth Circuit Defendant City of Los Angeles' Notice of Motion and Motion to Stay the Declaratory Relief Action; Memorandum of Points and Authorities 30 filed by Defendants Charlie Beck, The Los Angeles Police Department. (Shapero, Wendy) (Entered: 02/14/2011)

02/14/2011 32 REQUEST FOR JUDICIAL NOTICE re MOTION to Stay Case pending the appeal to the Ninth Circuit Defendant City of Los Angeles' Notice of Motion and Motion to Stay the Declaratory Relief Action; Memorandum of Points and Authorities 30 Defendant City of Los Angeles' Request for Judicial Notice; Memorandum of Points and Authorities; Exhibits; Declaration of Wendy Shapero [F.R.E. 201] filed by Defendants Charlie Beck, The Los Angeles Police Department. (Shapero, Wendy) (Entered: 02/14/2011)

02/14/2011 33 MEMORANDUM in Opposition to motion for stay filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 02/14/2011)

02/14/2011 36 MINUTES OF SCHEDULING CONFERENCE held before Judge R. Gary Klausner: Court and counsel confer. The Scheduling Conference is held. The Court sets the following dates: Jury Trial (Est.2-3 days): October 4, 2011 at 9:00 a.m.; Pretrial Conference: September 19, 2011 at 9:00 a.m.; Motion Cut-Off (last day to file): July 19, 2011; Discovery Cut-Off: July 6, 2011. Last day to motion the Court to add parties or amend complaint is March 5, 2011. Counsel inform the Court that they have selected Settlement Option 1, Magistrate Judge. Court Reporter: Nichole Rhynard. (ake) (Entered: 02/16/2011)

02/15/2011 34 NOTICE OF NON-OPPOSITION MOTION to Stay Case pending the appeal to the Ninth Circuit Defendant City of Los Angeles' Notice of Motion and Motion to Stay the Declaratory Relief Action; Memorandum of Points and Authorities 30 filed by Defendants Lee Baca, The Los Angeles County Sheriffs Department. (Lehman, Jennifer) (Entered: 02/15/2011)

02/16/2011 35 REPLY IN SUPPORT OF MOTION to Stay Case pending the appeal to the Ninth Circuit Defendant City of Los Angeles' Notice of Motion and Motion to Stay the Declaratory Relief Action; Memorandum of Points and Authorities 30 Defendant City of Los Angeles' Reply to Plaintiff's Opposition to Motion to Stay; Memorandum of Points and Authorities filed by Defendants Charlie Beck, The Los Angeles Police Department. (Shapero, Wendy) (Entered: 02/16/2011)

02/16/2011 37 ORDER FOR JURY TRIAL by Judge R. Gary Klausner: Pretrial Conference: September 19, 2011 at 9:00 a.m. Jury Trial: October 4, 2011 at 9:00 a.m. (ake) (Entered: 02/16/2011)

02/16/2011 38 AMENDED ORDER FOR JURY TRIAL by Judge R. Gary Klausner, re Order 37 . Jury Trial is set for 10/4/2011 at 09:00 AM, and the Pretrial Conference is set for 9/19/2011 at 09:00. (See order for further details) (shb) (Entered: 02/17/2011)

03/01/2011 39 REQUEST to Continue MOTION FOR SUMMARY JUDGMENT from 04/04/2011 to 05/16/2011 filed by Defendants Charlie Beck, The Los Angeles Police Department. Request set for hearing on 5/16/2011 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Mitchell, Elizabeth) (Entered: 03/01/2011)

03/01/2011 40 REQUEST to Continue Motion for Summary Judgment from 04/04/2011 to 05/16/2011 filed by Defendant Lee Baca, The Los Angeles County Sheriffs Department. Request set for hearing on 5/16/2011 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Lehman, Jennifer) (Entered: 03/01/2011)

03/01/2011 41 to rule 56f request for extension In opposition re: REQUEST to Continue MOTION FOR SUMMARY JUDGMENT from 04/04/2011 to 05/16/2011 39 filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) (Entered: 03/01/2011)

03/03/2011 42 ORDER by Judge R. Gary Klausner: Granting the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) to Appear Before the Magistrate Judge for settlement proceedings. (shb) (Entered: 03/03/2011)

03/03/2011 43 MINUTE (IN CHAMBERS) SCHEDULING OF SETTLEMENT CONFERENCE by Magistrate Judge John E. McDermott: The parties, having elected to have Magistrate Judge McDermott conduct a settlement conference of this matter, are directed to contact Judge McDermott's clerk, ShaRon Anthony, at (213) 894-0216, to schedule the conference at an appropriate time. The parties are advised that they should contact the clerk so as to allow sufficient time for the court to schedule the settlement conference. See attached order for further details. (es) (Entered: 03/03/2011)

03/07/2011 44 EX PARTE APPLICATION for Ruling on ON DEFENDANTS' REQUESTS FOR CONTINUANCE UNDER F.R.C.P. 56(f) filed by DEFENDANTS Lee Baca, Charlie Beck, The Los Angeles County Sheriffs Department, The Los Angeles Police Department.(Lehman, Jennifer) (Entered: 03/07/2011)

03/08/2011 45 ORDER GRANTING DEFENDANTS LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AND LEE BACA'SREQUEST FOR ADDITIONAL TIME TO OPPOSE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Judge R. Gary Klausner: GOOD CAUSE HAVING BEEN SHOWN, the Court hereby continues Plaintiff's Motion for Summary Judgment for six (6) weeks. The hearing date will be May 16, 2011. 40 (ake) (Entered: 03/09/2011)

03/08/2011 46 ORDER GRANTING DEFENDANTS CHARLIE BECK AND LOS ANGELES POLICE DEPARTMENTS EX PARTE APPLICATION TO CONTINUE THE HEARING ON THE MOTION FOR SUMMARY JUDGMENT by Judge R. Gary Klausner: GOOD CAUSE HAVING BEEN SHOWN, the Court hereby continues Plaintiffs Motion for Summary Judgment for six (6) weeks. The hearing date will be May 16, 2011. 39 (ake) (Entered: 03/09/2011)

03/08/2011 48 ORDER by Judge R. Gary Klausner: denying 30 Motion to Stay Case (shb) (Entered: 03/09/2011)

03/09/2011 47 MINUTES (IN CHAMBERS) ORDER by Judge R. Gary Klausner: taking under submission 30 Motion to Stay Case Pending Appeal to the Ninth Circuit. The Court hereby advises counsel that the above-referenced motion, noticed for hearing on March 14, 2011, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. (shb) (Entered: 03/09/2011)

03/15/2011 49 ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge John E. McDermott. IT IS ORDERED that the parties shall appear for a settlement conference onApril 27, 2011 at 10:00 a.m., in Courtroom C 8th floor. Each party shall deliver to the chambers of Magistrate Judge John E. McDermott at 312 N. Spring Street, 8th floor, Los Angeles, California, a Confidential Settlement Conference Statement on or before April 20, 2011. [See attached order for further details.] (es) (Entered: 03/15/2011)
No. 47 & 48 are out of order, so I suspect a clerk messed up.

It actually would have been better to stay the case....
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