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Fisher v. City of Modesto

October 13, 2010

RANDI FISHER, PLAINTIFF,
v.
CITY OF MODESTO, A MUNICIPAL CORPORATION; HORACIO RUIZ, A POLICE OFFICER; MICHAEL HARDAN, POLICE CHIEF; AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 09/12/11

Non-Dispositive Motion Filing Deadline: 9/27/11

Non-Dispositive Motion Hearing Date: 10/28/11 9:00

Bakersfield Deadline: 10/17/11

Dispositive Motion Filing

I. Date of Scheduling Conference

October 13, 2010

Dispositive Motion Hearing Date: 11/21/11 10:00 Ctrm. 3

Settlement Conference Date: 9/21/11 10:00

Bakersfield Pre-Trial Conference Date: 1/9/12 11:00 Ctrm. 3

Trial Date: 2/22/12 9:00 Ctrm. 3 (JT-7 days)

II. Summary of Pleadings

1. Plaintiff Randi Fisher alleged to have been subjected to an improper arrest which also resulted in excessive force being employed against her by Defendant Officer Horacio Ruiz, a police officer with the City of Modesto. Plaintiff alleges to have incurred a broken arm as a result of her encounter with Officer Ruiz on the date in question and claims to have suffered emotional damages as well.

2. Defendants admit that the encounter occurred, but dispute Plaintiff's allegations of a lack of probable cause as well as excessive force.

III. Orders Re Amendments To Pleadings

1. Defendants City of Modesto and Chief Hardan have previously submitted a Motion to Dismiss Plaintiff's Complaint. In return Plaintiff has requested authorization to submit an amended complaint with further allegations against the City and Chief Hardan sufficient to establish a Monell cause of action. The Plaintiff shall have thirty (30) days to amend the complaint following electronic service of the order for dismissal.

IV. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. Plaintiff interacted with Officer Ruiz on June 9, 2009. However, the parties dispute the facts pertaining to the discussions between Officer Ruiz and Plaintiff, as well as the extent of force employed by Officer Ruiz.

2. Officer Horacio Ruiz is a duly appointed and acting peace officer in the State of California employed by the City of Modesto.

3. City of Modesto is a charter city and public entity in the State of California.

4. Michael Hardan was at all times alleged the police chief for the City of Modesto.

5. The parties agree that Officer Ruiz was at all times alleged, acting under color of law and within the course and scope of his employment as a ...


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