Case: United States v. City of Hesperia

United States v. CIty of Hesperia

United States v. CIty of Hesperia

United States v. CIty of Hesperia

COMPLAINT No Fee Required - US Government, filed by Plaintiff UNITED STATES OF AMERICA. (Attorney Matthew Edward Nickell added to party UNITED STATES OF AMERICA(pty:pla))(Nickell, Matthew) (Entered: 12/02/2019)

CIVIL COVER SHEET filed by Plaintiff UNITED STATES OF AMERICA. (Nickell, Matthew) (Entered: 12/02/2019)

NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (esa) (Entered: 12/02/2019)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 12/02/2019)

STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 12/12/2019)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff United States of America. (Nickell, Matthew) (Entered: 12/17/2019)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. (twdb) (Entered: 12/27/2019)

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant County of San Bernardino served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon San Bernardino County in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant City of Hesperia served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon City of Hesperia in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

PROOF OF SERVICE Executed by Plaintiff United States of America, upon Defendant San Bernardino County Sheriff s Department served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon San Bernardino County Sheriff's Department in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nickell, Matthew) (Entered: 01/15/2020)

STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) 1, STIPULATION for Extension of Time to File Response filed by Defendants City of Hesperia, San Bernardino County Sheriff s Department, County of San Bernardino.(Attorney Stephen R Onstot added to party City of Hesperia(pty:dft), Attorney Stephen R Onstot added to party County of San Bernardino(pty:dft), Attorney Stephen R Onstot added to party San Bernardino County Sheriff s Department(pty:dft))(Onstot, Stephen) (Entered: 01/16/2020)

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by City of Hesperia City of Hesperia.(Holly, Braden) (Entered: 01/30/2020)

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by Defendant San Bernardino County Sheriff s Department.(Holly, Braden) (Entered: 01/30/2020)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 5:16-cv-00903 AB(SPx). Case transferred from Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato to Judge Andre Birotte Jr and Magistrate Judge Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:19-cv-02298 AB(SPx). Signed by Judge Andre Birotte Jr (rn) (Entered: 02/05/2020)

STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 02/06/2020)

ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 6/5/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 02/06/2020)

NOTICE of Appearance filed by attorney Michelle A McLeod on behalf of Plaintiff United States of America (Attorney Michelle A McLeod added to party United States of America(pty:pla))(McLeod, Michelle) (Entered: 04/23/2020)

NOTICE of Appearance filed by attorney Christopher D Belen on behalf of Plaintiff United States of America (Attorney Christopher D Belen added to party United States of America(pty:pla))(Belen, Christopher) (Entered: 04/23/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Katherine M Hikida counsel for Plaintiff United States of America. Adding Katherine M. Hikida as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Attachments: # 1 Proof of Service)(Attorney Katherine M Hikida added to party United States of America(pty:pla))(Hikida, Katherine) (Entered: 04/23/2020)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 to 3 weeks, filed by Plaintiff United States of America.. (Nickell, Matthew) (Entered: 05/22/2020)

STIPULATION for Protective Order filed by Plaintiff United States of America.(Nickell, Matthew) (Entered: 05/22/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Erika Danielle Green counsel for Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. Adding Erika D. Green as counsel of record for City of Hesperia, County of San Bernardino, San Bernardino County Sheriff's Department for the reason indicated in the G-123 Notice. Filed by Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff's Department. (Attorney Erika Danielle Green added to party City of Hesperia(pty:dft), Attorney Erika Danielle Green added to party County of San Bernardino(pty:dft), Attorney Erika Danielle Green added to party San Bernardino County Sheriff s Department(pty:dft))(Green, Erika) (Entered: 05/22/2020)

STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca) (Entered: 05/28/2020)

(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the June 5, 2020, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 06/03/2020)

ORDER/REFERRAL to ADR Procedure No 1 by Judge Andre Birotte Jr. Case ordered to Magistrate Judge Pym for Settlement Conference. ADR Proceeding to be held no later than 4/16/2021. (cb) (Entered: 06/03/2020)

ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 9/21/2021 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 9/3/2021 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 10/2/2020. Non-Expert Discovery cut-off 5/7/2021. Last Date to Hear Motions 6/25/2021. Deadline to Complete Settlement Conference 4/16/2021. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 8/13/2021. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 8/20/2021. See document for further details. (gk) (Entered: 06/03/2020)

Text Only Scheduling Notice

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Alyssa C Lareau as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 09/03/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Anna Medina as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 09/03/2020)

STIPULATION to Amend Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Nickell, Matthew) (Entered: 09/03/2020)

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ORDER GRANTING STIPULATION TO AMEND THE COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation 29, IT IS HEREBY ORDERED that the request to file the First Amended Complaint attached to the parties' Stipulation as Exhibit 1 is GRANTED. Plaintiff must file the First Amended Complaint within one week after the issuance of this order. (gk) (Entered: 09/09/2020)

First AMENDED COMPLAINT against Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff United States of America(Nickell, Matthew) (Entered: 09/10/2020)

ANSWER to Amended Complaint/Petition 31 with JURY DEMAND Answer to First Amended Complaint and Demand for Jury Trial filed by Defendant City of Hesperia.(Onstot, Stephen) (Entered: 09/24/2020)

ANSWER to Amended Complaint/Petition 31 with JURY DEMAND Answer to First Amended Complaint and Demand for Jury Trial filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department.(Onstot, Stephen) (Entered: 09/24/2020)

NOTICE of Appearance filed by attorney Abigail Adrienne Nurse on behalf of Plaintiff United States of America (Attorney Abigail Adrienne Nurse added to party United States of America(pty:pla))(Nurse, Abigail) (Entered: 11/10/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Michelle A McLeod counsel for Plaintiff United States of America. Michelle A McLeod is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (McLeod, Michelle) (Entered: 11/10/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney D Dennis La counsel for Defendant City of Hesperia. Adding D. Dennis La as counsel of record for City of Herperia; County of San Bernardino; San Bernardino County Sheriff's Dept. for the reason indicated in the G-123 Notice. Filed by Defendants City of Hesperia. (Attorney D Dennis La added to party City of Hesperia(pty:dft))(La, D) (Entered: 11/10/2020)

STIPULATION for Order For Remote Deposition of Witnesses filed by Plaintiff United States of America. (Attachments: # 1 Proposed Order)(Nickell, Matthew) (Entered: 11/12/2020)

ORDER GRANTING THE STIPULATION FOR REMOTE DEPOSITION OF WITNESSES 37 by Magistrate Judge Sheri Pym. (es) (Entered: 11/18/2020)

STIPULATION for Order TO EXTEND ALL REMAINING DEADLINES filed by Plaintiff United States of America. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Proof of Service)(Nickell, Matthew) (Entered: 12/31/2020)

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ORDER GRANTING STIPULATION TO EXTEND ALL REMAINING DEADLINES by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the parties' Stipulation to Extend All Remaining Deadlines 39 is GRANTED. The remaining deadlines in this action are hereby adjusted. Fact Discovery cut-off 11/8/2021. Motion Hearing Cut-Off 12/17/2021. ADR Cut-Off 10/15/2021. Trial Filings (first round) due by 2/11/2022. Trial Filings (second round) due by 2/18/2022. Final Pretrial Conference set for 3/4/2022 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 3/22/2022 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk) (Entered: 01/05/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Megan K Whyte de Vasquez counsel for Plaintiff United States of America. Megan K. Whyte de Vasquez is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff United States of America. (Whyte de Vasquez, Megan) (Entered: 04/08/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Adding Aurora Bryant as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 04/08/2021)

NOTICE OF MOTION AND MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES filed by Plaintiff United States of America. Motion set for hearing on 6/8/2021 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: # 1 Joint Stipulation, # 2 Declaration of Matthew Nickell with Exhibits, # 3 Declaration of D. Dennis La, # 4 Proposed Order)(Nickell, Matthew) (Entered: 05/03/2021)

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SUPPLEMENT to MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 filed by Plaintiff United States of America. (Attachments: # 1 Supplemental Declaration of Matthew Nickell, # 2 Exhibit 1)(Nickell, Matthew) (Entered: 05/25/2021)

SUPPLEMENT to MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 filed by Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department. (Green, Erika) (Entered: 05/25/2021)

ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Sheri Pym. This case has been referred to Magistrate Judge Sheri Pym for settlement proceedings. The Settlement Conference is placed on calendar for October 14, 2021, at 9:30 a.m., in Courtroom 3 of the United States District Court, Riverside Courthouse, located at 3470 Twelfth Street in Riverside, California (SEE ORDER FOR DETAILS). (kca) (Entered: 05/26/2021)

Text Only Entry: The court takes Plaintiff's MOTION to Compel DEFENDANTS' DISCOVERY RESPONSES 43 under submission. The hearing set for June 8, 2021 at 10:00 a.m. is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY (Entered: 06/04/2021)

Generic Text Only Entry

MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part Plaintiffs Motion to Compel 43 (SEE ORDER FOR DETAILS). (kca) (Entered: 06/17/2021)

STIPULATION for Order to File Supplemental Complaint filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Nickell, Matthew) (Entered: 07/13/2021)

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STIPULATION for Order To Extend Deadlines filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Nickell, Matthew) (Entered: 07/14/2021)

REQUEST TO SUBSTITUTE ATTORNEY Shannon L. Gustafson in place of attorney D. Dennis La, Braden Holly, Eric Lawrence Dunn, Erika Danielle Green, Stephen R. Onstot filed by Defendant County of San Bernardino. (Attachments: # 1 Proposed Order) (La, D) (Entered: 07/15/2021)

REQUEST TO SUBSTITUTE ATTORNEY Shannon L. Gustafson in place of attorney D. Dennis La, Braden Holly, Eric Lawrence Dunn, Erika Danielle Green, Stephen R. Onstot filed by Defendant San Bernardino County Sheriff s Department. (Attachments: # 1 Proposed Order) (La, D) (Entered: 07/15/2021)

ORDER GRANTING STIPULATION TO FILE SUPPLEMENTAL COMPLAINT by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the request to file the Supplemental Complaint attached to the parties' Stipulation as Exhibit 1 49 is GRANTED. The Supplemental Complaint should be filed within three days of this Order. (gk) (Entered: 07/21/2021)

Supplemental AMENDED COMPLAINT against Defendants City of Hesperia, County of San Bernardino, San Bernardino County Sheriff s Department amending Complaint (Attorney Civil Case Opening) 1, Amended Complaint/Petition 31, filed by Plaintiff United States of America(Nickell, Matthew) (Entered: 07/22/2021)

ORDER GRANTING STIPULATION TO EXTEND DEADLINES 50 by Judge Andre Birotte Jr. IT IS HEREBY ORDERED that the Parties Stipulation to Extend Deadlines is GRANTED. The remaining deadlines in this action are hereby adjusted as follows: Fact Discovery Cut-Off May 9, 2022; Initial Expert Exchange March 2, 2022; Rebuttal Expert Exchange March 23, 2022; Expert Cut-off June 13, 2022; Motion Hearing Cut-Off June 17, 2022; ADR Cut-Off October 15, 2021; Trial Filings (first round) August 12, 2022; Trial Filings (second round) August 19, 2022; Final Pre-Trial Conference September 2, 2022; Trial Date Trial Estimate 10-15 days September 20, 2022 at 8:30 a.m. (lom) (Entered: 07/22/2021)

ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Andre Birotte Jr: granting 51 Request to Substitute Attorney Shannon Lin Gustafson for County of San Bernardino as attorney of record instead of Attorneys Braden Holly; Stephen R Onstot; Eric Lawrence Dunn and Erika Danielle Green. (lom) (Entered: 07/22/2021)

ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Andre Birotte Jr: granting 52 Request to Substitute Attorney Shannon Lin Gustafson for San Bernardino County Sheriff s Department as attorney of record instead of Attorneys Braden Holly; Stephen R Onstot; Eric Lawrence Dunn and Erika Danielle Green. (lom) (Entered: 07/22/2021)

ANSWER to Amended Complaint/Petition, 54 Defendant City of Hesperia's Answer to Supplemental Complaint and Demand for Jury Trial filed by Defendant City of Hesperia.(Green, Erika) (Entered: 08/03/2021)

ANSWER to Amended Complaint/Petition, 54 filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department.(Gustafson, Shannon) (Entered: 08/05/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Shannon Lin Gustafson counsel for Defendants County of San Bernardino, San Bernardino County Sheriff s Department. Adding Amy R. Margolies as counsel of record for Defendants County of San Bernardino and San Bernardino County Sheriff's Department for the reason indicated in the G-123 Notice. Filed by Defendants County of San Bernardino and San Bernardino County Sheriff's Department. (Gustafson, Shannon) (Entered: 08/06/2021)

Notice of Electronic Filing re Notice of Appearance or Withdrawal of Counsel (G-123), 60, Answer to Complaint (Attorney Civil Case Opening) 58, Answer to Complaint (Attorney Civil Case Opening) 59 e-mailed to Braden Holly bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY (Entered: 08/09/2021)

Text Only Bounced Notice of Electronic Filing E-mail

Notice of Appearance or Withdrawal of Counsel: for attorney Erika Danielle Green counsel for Defendant City of Hesperia. Braden J. Holly is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant City of Hesperia. (Green, Erika) (Entered: 08/12/2021)

NOTICE OF MOTION AND MOTION to Disqualify Counsel Aleshire & Wynder, LLP filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department. Motion set for hearing on 9/17/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration Decl. of Shannon L. Gustafson, # 2 Declaration Decl. of Laura Crane, # 3 Declaration Decl. of Amy R. Margolies, # 4 Declaration Decl. of Richard Luczak) (Gustafson, Shannon) (Entered: 08/18/2021)

EX PARTE APPLICATION to Shorten Time for Hearing on to discretionary filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department. (Attachments: # 1 Declaration Amy R. Margolies, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Gustafson, Shannon) (Entered: 08/24/2021)

STATEMENT of Relating to NOTICE OF MOTION AND MOTION to Disqualify Counsel Aleshire & Wynder, LLP 63 filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 08/25/2021)

STATEMENT of Relating to NOTICE OF MOTION AND MOTION to Disqualify Counsel Aleshire & Wynder, LLP 63 filed by Defendant City of Hesperia. (La, D) (Entered: 08/26/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Shorten Time for Hearing on to discretionary 64 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 7-19. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) (Entered: 08/26/2021)

NOTICE OF LODGING filed re EX PARTE APPLICATION to Shorten Time for Hearing on to discretionary 64 (Attachments: # 1 Proposed Order)(Gustafson, Shannon) (Entered: 08/27/2021)

NOTICE OF ERRATA filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department. correcting Notice of Lodging 68 to add (Proposed) Order (Attachments: # 1 Proposed Order)(Gustafson, Shannon) (Entered: 08/27/2021)

MINUTES (IN CHAMBERS) Order DENYING in part and GRANTING in part Ex Parte Application by Judge Andre Birotte Jr.: Before the Court is Defendant County of San Bernardino's and Defendant San Bernardino County Sheriffs Department's (collectively "County Defendants") Ex Parte Application To Shorten Notice Period For Hearing On County Defendants' Motion To Disqualify And For A Limited Temporary Stay On Discovery 64 . County Defendants seek two requests through their Application. First, County Defendants seek an order shortening the notice period for hearing their Motion to Disqualify City Defendant's Counsel, which was filed on 8/18/2021 63 . The hearing for this Motion is currently set for 9/17/2021. County Defendants' request for an order shortening the notice period for hearing on their Motion is DENIED. Second, County Defendants seek an order that all depositions, with one exception, be temporarily stayed until their Motion is resolved. County Defendants' request to temporarily stay all depositions, except for one, pending the resolution of their Motion is GRANTED. See document for further details. Court Reporter: N/A. (gk) (Entered: 09/01/2021)

REPLY In Support NOTICE OF MOTION AND MOTION to Disqualify Counsel Aleshire & Wynder, LLP 63 filed by Defendants County of San Bernardino, San Bernardino County Sheriff s Department. (Gustafson, Shannon) (Entered: 09/02/2021)

NOTICE OF MOTION AND MOTION to Supplement Statement re Motion to Disqualify re NOTICE OF MOTION AND MOTION to Disqualify Counsel Aleshire & Wynder, LLP 63 filed by Defendant City of Hesperia. Motion set for hearing on 9/17/2021 at 10:00 AM before Judge Andre Birotte Jr. (La, D) (Entered: 09/10/2021)

NOTICE OF LODGING filed by Defendants COUNTY OF SAN BERNARDINO and SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT re NOTICE OF MOTION AND MOTION to Disqualify Counsel Aleshire & Wynder, LLP 63 (Attachments: # 1 Proposed Order)(Gustafson, Shannon) (Entered: 09/10/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Supplement Statement re Motion to Disqualify re NOTICE OF MOTION AND MOTION to Disqualify Counsel Aleshire & Wynder, LLP 63 72 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Responses/Replies/Other Motion Related Documents > Supplement (Motion related). The filer used the event, Applications/Ex Parte Applications/Motions/Petitions/Requests > Supplement, for docketing this filing. During the docketing sequence, the filer set this Supplemental Statement for hearing on 9/17/2021. Clerk shall take this Supplemental Statement, only, off the calendar. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) (Entered: 09/14/2021)

ORDER GRANTING DEFENDANTS COUNTY OF SAN BERNARDINO'S AND SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT'S MOTION TO DISQUALIFY DEFENDANT CITY OF HESPERIA'S COUNSEL by Judge Andre Birotte Jr.: Defendants County of San Bernardino and San Bernardino County Sheriff's Department's (collectively "County Defendants") Motion to Disqualify Defendant City of Hesperia's ("City Defendant") Counsel 63 is GRANTED. Accordingly, the Court ORDERS the following: (1) City Defendant must secure new counsel and file a Notice of Appearance within forty (40) days from the issuance of this Order. The law firm of Aleshire & Wynder, LLP will be relieved as counsel for City Defendant when new counsel files a Notice of Appearance or on 10/26/2021, whichever comes first. Counsel for City Defendant shall continue to serve City Defendant with any orders from this Court until that time. Counsel for City Defendant shall serve this Order on City Defendant by mail, e-mail, or any other practical means of service to give actual notice and file a proof of service by 10/8/2021. (2) City Defendant's Counsel is prevented from disclosing any attorney-client information obtained from their prior representation of County Defendants; and (3) City Defendant's Counsel must return any and all original and copies of statements, notes, memoranda, recordings, correspondence, facsimile cover sheets, and all other recordings and documents generated as a result of counsel's attorney-client contacts with County Defendants. (gk) (Entered: 09/16/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney John R. Fowler counsel for Plaintiff United States of America. Adding John R. Fowler as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Attorney John R. Fowler added to party United States of America(pty:pla))(Fowler, John) (Entered: 09/17/2021)

STIPULATION for Order To Extend Deadlines Re: THE COURTS SETTLEMENT CONFERENCE ORDER filed by Defendant City of Hesperia. (Attachments: # 1 Proposed Order)(La, D) (Entered: 10/01/2021)

ORDER by Magistrate Judge Sheri Pym GRANTING STIPULATIONTO EXTEND DEADLINES RE: THECOURTS SETTLEMENTCONFERENCE ORDER 46 (SEE ORDER FOR DETAILS). (kca) (Entered: 10/06/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Edward Nickell counsel for Plaintiff United States of America. Matthew Nickell is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Nickell, Matthew) (Entered: 10/07/2021)

NOTICE OF SERVICE filed by Defendant City of Hesperia, re Order on Motion to Disqualify Counsel,,,,,, 75 served on October 7, 2021. (La, D) (Entered: 10/07/2021)

MINUTES OF Settlement Conference held before Magistrate Judge Sheri Pym: Court and counsel engaged in settlement discussions off the record. Although no settlement was reached in the matter on this date, the parties settlement discussions are ongoing. The parties were advised to contact the Magistrate Judges Court Clerk if they believe a further conference with the Magistrate Judge would facilitate settlement. (kca) (Entered: 10/15/2021)

[DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 10/28/2021, SEE DOCKET NO. 84] REQUEST TO WITHDRAW ATTORNEY D. Dennis La, Stephen R. Onstot, Eric L. Dunn, Erika D. Green as counsel of record filed by Defendant City of Hesperia. (Attachments: # 1 Proposed Order) (La, D) Modified on 10/29/2021 (gk). (Entered: 10/27/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY D. Dennis La, Stephen R. Onstot, Eric L. Dunn, Erika D. Green as counsel of record 82 . The following error(s) was/were found: The form is unsigned by a representative of the defendant. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) (Entered: 10/28/2021)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Request filed 10/27/2021 82 . The document is stricken. (gk) (Entered: 10/29/2021)

REQUEST TO WITHDRAW ATTORNEY D. Dennis La, Stephen R. Onstot, Eric L. Dunn, Erika D. Green as counsel of record filed by Defendant City of Hesperia. (Attachments: # 1 Proposed Order) (La, D) (Entered: 10/29/2021)

ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Andre Birotte Jr: granting 85 Request to Substitute Attorney James Patrick Ferraris for City of Hesperia as attorney of record instead of Attorneys D Dennis La, Stephen R Onstot, Eric Lawrence Dunn and Erika Danielle Green of Aleshire and Wynder LLP. (lom) (Entered: 11/04/2021)

STIPULATION for Order TO EXTEND ALL REMAINING DEADLINES filed by Plaintiff United States of America. (Attachments: # 1 Declaration Christopher D. Belen, # 2 Proposed Order)(Hikida, Katherine) (Entered: 01/26/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney Christopher D Belen counsel for Plaintiff United States of America. Christopher D. Belen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Belen, Christopher) (Entered: 01/27/2022)

NOTICE of Appearance filed by attorney Orly Tamar May on behalf of Plaintiff United States of America (Attorney Orly Tamar May added to party United States of America(pty:pla))(May, Orly) (Entered: 01/31/2022)

ORDER GRANTING STIPULATION TO EXTEND DEADLINES by Judge Andre Birotte Jr.: Upon Stipulation 87, IT IS HEREBY ORDERED that the remaining deadlines in this action are hereby continued. Fact Discovery cut-off 9/27/2022. Deadline to File Motions for Summary Judgment 12/2/2022. Last Date to Hear Motions 2/24/2023. ADR Cut-Off 11/23/2022. Trial Filings (first round) due by 4/3/2023. Trial Filings (second round) due by 4/10/2023. Final Pretrial Conference set for 5/12/2023 10:00 AM before Judge Andre Birotte Jr. Jury Trial set for 5/30/2023 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk) (Entered: 02/01/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney Katharine Farrell Towt counsel for Plaintiff United States of America. Adding Katharine Farrell Towt as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Attorney Katharine Farrell Towt added to party United States of America(pty:pla))(Towt, Katharine) (Entered: 02/08/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney John R. Fowler counsel for Plaintiff United States of America. Aurora Bryant is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff United States of America. (Fowler, John) (Entered: 06/16/2022)

MINUTE ORDER IN CHAMBERS Setting Further Settlement Conference by Magistrate Judge Sheri Pym: The court now sets a further settlement conference for August 24, 2022 at 9:30 a.m. (SEE ORDER FOR DETAILS). (kca) (Entered: 06/16/2022)

STIPULATION for Order To Extend All Remaining Deadlines filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1 Declaration of John R. Fowler, # 2 Exhibit 2 Rule 37 Letter, # 3 Proposed Order)(Hikida, Katherine) (Entered: 07/01/2022)

ORDER GRANTING STIPULATION TO EXTEND DEADLINES by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that the parties' Stipulation 94 is GRANTED. The remaining deadlines in this action are hereby CONTINUED. Fact Discovery cut-off 1/25/2023. Deadline to File Motions for Summary Judgment 3/31/2023. Last Date to Hear Motions 6/23/2023. ADR Cut-Off 3/23/2023. Trial Filings (first round) due by 8/1/2023. Trial Filings (second round) due by 8/8/2023. Final Pretrial Conference set for 9/8/2023 10:00 AM before Judge Andre Birotte Jr. Jury Trial set for 10/3/2023 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk) (Entered: 07/12/2022)

MINUTES OF Settlement Conference held before Magistrate Judge Sheri Pym: Court and counsel engaged in settlement discussions off the record. Although no settlement was reached in the matter on this date, the parties settlement discussions are ongoing. The court sets this matter for a follow-up settlement conference on Wednesday, October 5, 2022 at 2:00 p.m. (kca) (Entered: 08/25/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney Katharine Farrell Towt counsel for Plaintiff United States of America. Katharine Farrell Towt is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff United States. (Towt, Katharine) (Entered: 10/06/2022)