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Indybay Feature
Gay Latino Says Cops Sexually Assaulted Him
Did Fresno police detain a gay Latino man, accuse him of hiding drugs in his anus, and then rupture the lining of his rectum in the ensuing search? The attorney for the plaintive said they did. A spokesperson for the city claimed there was no violation of Police Department policy or procedure found. Business as usual in Fresno? You decide.
Gay Latino Says Cops Sexually Assaulted Him
By Dan Waterhouse
“Queer Eye….”
A 30-something Fresno gay man has filed a lawsuit in federal court against Fresno police chief Jerry Dyer and four unidentified officers who allegedly handcuffed him, bent “him double” and then penetrated his anus with a foreign object—a thumb or finger.
According to the civil complaint, four Fresno police officers showed up at Cain Gonzalez’s home in a Southeast Fresno gated community on November 7, 2005 where they detained and handcuffed him. The officers claimed he had drugs in his possession.
Gonzalez’s attorney, Bruce Nickerson, says the accusation was false and no charges were ever filed against Gonzalez in the incident.
The complaint then alleges that one of the officers “perceived that” Gonzalez “was gay and said: ‘I know where you faggots keep your shit’.” That officer “then and there” shoved a finger into Gonzalez’s anus, searching for drugs. According to Nickerson, “the invasive act ruptured the lining of” Gonzalez’s “rectum causing him excruciating pain.”
When Gonzalez’ mother Soila attempted to come to his aid, Nickerson says the officers ordered her into her house.
Nickerson says Gonzalez then began bleeding “profusely” from his rectum. He said officers later took Gonzalez to a local hospital for treatment.
Nickerson says that the officers made comments to Gonzalez that leads Nickerson to believe Fresno police “have a policy and practice of assaulting gay Hispanic men.”
Nickerson is familiar with local police practices even though he’s based in the San Francisco Bay Area. He currently represents several gay men arrested in the infamous 2002 Sheriff’s Department undercover sex stings in Roeding Park. He was recently successful in having several cases overturned on appeal. The appellate judges concluded there had been no illegal behavior and that the arrests had been discriminatory.
In the Gonzalez case, Nickerson says Gonzalez missed a court appearance on an unrelated drug charge in Madera because he was being held in the Fresno County Jail. When he failed to appear, a Madera judge issued a bench warrant for his arrest on November 15th.
When Gonzalez was released without any charges from the Fresno County Jail during the third week in November, he was then arrested on the Madera County warrant and transferred to the Madera county jail where he was initially placed in protective custody because of his sexual orientation.
Nickerson alleges in the lawsuit that four days after arriving at the Madera jail, Gonzalez was moved into the “open prison population and was immediately assaulted by gang members, who slashed his ear and broke his eardrum.” The lawsuit claims Gonzalez was placed in ‘general population’ in order to intimidate him so that he would not file a complaint against Fresno police. The suit names Madera County sheriff John Anderson and the County as defendants.
Gonzalez seeks unspecified damages, a judgment that the practices described in the suit violate the U.S. Constitution and an injunction stopping police from “targeting, harassing and/or arresting” Latinos “who are minding their own business.”
According to Nickerson, Fresno police refuse to identify the four officers who allegedly assaulted and arrested Gonzalez. He said that Fresno police will not release any reports.
Francine Kanne, an assistant Fresno city attorney, told the Fresno Bee that normally the city does not comment on lawsuits before they have been served. “However,” she added, “given the serious nature of Gonzalez's allegations, the city is compelled to respond.” Kanne said Fresno police received a complaint from Cain Gonzalez that was “thoroughly investigated by the city.” Following the investigation, she claimed there was no violation of Police Department policy or procedure found.
###
By Dan Waterhouse
“Queer Eye….”
A 30-something Fresno gay man has filed a lawsuit in federal court against Fresno police chief Jerry Dyer and four unidentified officers who allegedly handcuffed him, bent “him double” and then penetrated his anus with a foreign object—a thumb or finger.
According to the civil complaint, four Fresno police officers showed up at Cain Gonzalez’s home in a Southeast Fresno gated community on November 7, 2005 where they detained and handcuffed him. The officers claimed he had drugs in his possession.
Gonzalez’s attorney, Bruce Nickerson, says the accusation was false and no charges were ever filed against Gonzalez in the incident.
The complaint then alleges that one of the officers “perceived that” Gonzalez “was gay and said: ‘I know where you faggots keep your shit’.” That officer “then and there” shoved a finger into Gonzalez’s anus, searching for drugs. According to Nickerson, “the invasive act ruptured the lining of” Gonzalez’s “rectum causing him excruciating pain.”
When Gonzalez’ mother Soila attempted to come to his aid, Nickerson says the officers ordered her into her house.
Nickerson says Gonzalez then began bleeding “profusely” from his rectum. He said officers later took Gonzalez to a local hospital for treatment.
Nickerson says that the officers made comments to Gonzalez that leads Nickerson to believe Fresno police “have a policy and practice of assaulting gay Hispanic men.”
Nickerson is familiar with local police practices even though he’s based in the San Francisco Bay Area. He currently represents several gay men arrested in the infamous 2002 Sheriff’s Department undercover sex stings in Roeding Park. He was recently successful in having several cases overturned on appeal. The appellate judges concluded there had been no illegal behavior and that the arrests had been discriminatory.
In the Gonzalez case, Nickerson says Gonzalez missed a court appearance on an unrelated drug charge in Madera because he was being held in the Fresno County Jail. When he failed to appear, a Madera judge issued a bench warrant for his arrest on November 15th.
When Gonzalez was released without any charges from the Fresno County Jail during the third week in November, he was then arrested on the Madera County warrant and transferred to the Madera county jail where he was initially placed in protective custody because of his sexual orientation.
Nickerson alleges in the lawsuit that four days after arriving at the Madera jail, Gonzalez was moved into the “open prison population and was immediately assaulted by gang members, who slashed his ear and broke his eardrum.” The lawsuit claims Gonzalez was placed in ‘general population’ in order to intimidate him so that he would not file a complaint against Fresno police. The suit names Madera County sheriff John Anderson and the County as defendants.
Gonzalez seeks unspecified damages, a judgment that the practices described in the suit violate the U.S. Constitution and an injunction stopping police from “targeting, harassing and/or arresting” Latinos “who are minding their own business.”
According to Nickerson, Fresno police refuse to identify the four officers who allegedly assaulted and arrested Gonzalez. He said that Fresno police will not release any reports.
Francine Kanne, an assistant Fresno city attorney, told the Fresno Bee that normally the city does not comment on lawsuits before they have been served. “However,” she added, “given the serious nature of Gonzalez's allegations, the city is compelled to respond.” Kanne said Fresno police received a complaint from Cain Gonzalez that was “thoroughly investigated by the city.” Following the investigation, she claimed there was no violation of Police Department policy or procedure found.
###
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Homophobic Cop.
The Conspirators
False Conviction
The Conspirators
Homophobic Cop.
This man is Frank Clark the homophobic cop who made a speech at a church gathering
spouting vicious innuendo and false statements. He told the congregation that I
was a pedophile therefore violating all my civil rights by making a wild, untrue
statement. A pedophile is a person medically diagnosed by a physician. Religious
rhetoric, fanatical and rabid attitudes by cops who feed into the dogma. Read the
document from page one in the library with more info.
This is Joel Popejoy on the left Clark's partner who went on TV in an interview in
which he compares me to Jeffrey Daumer. He said to the reporter that "He would
eliminate people" reporter asks "what do you mean eliminate" Popejoy replies, "You
know kill, murder. This man was attempting to inflame the public by manufacturing
vicious lies that would inflame the media and the public. Read the documents in
the right column by clicking on the title to find out the horrific damage done by
these people. This cop is now deceased alchoholic.
This man is Brian Glazer a reporter for TV 47 in Fresno. He found a gay man who
had slept with Brian Cox who at the time admitted to Brad that he lied making up
the story that he'd been raped. Shortly after Brian Glazer's house was raided he
was charged with drug possession and ran out of town.
This reporter is Mary Ann Rezendez who falsely reported me as being a pedophile.
She asked a group of children at a school near my house, "Did you know there is a
pedophile living nearby?" It was a disastrous media circus full of false
statements utterly without basis or proof. Yet all of this false reporting was
based on reports from Frank Clark the cop who manufactured the lies creating an
atmosphere of hysteria and untruths. This is a classic case of false reporting
with no substance or truth whatsoever!
The woman in the picture to the left claimed to be Brian Cox's mother, in reality
is his aunt. Brian Cox's real mother has dark brown hair and considerably thinner,
in fact very skinny, this woman is plump and weighty. I told my attorney someone
was duping the public however I never discovered the real truth why his aunt stood
in for the mother, the real mother was known to be an alcoholic likely drunk and
could not appear.
Cox Psychopathic Liar
An Appalling case of False Conviction - Click Here for the Site!!!
CNN Report on False Convictions
Tampering with Evidence
Cox Psychopathic Liar
Police Lies and Deception
Case against the Police
A Case of Perjury
Homophobia in the Court
Homophobic Cop
Homophobic Cops
Reporter Busted!
False Reporting!
Not Bryan's Mother!
Attorney Innafective
Free Bernard Baran
"It is better to suffer a great wrong than to have recourse to the much greater
wrong of the law."
Index page
Homophobic Cop.
The Conspirators
False Conviction
The Conspirators
Homophobic Cop.
This man is Frank Clark the homophobic cop who made a speech at a church gathering
spouting vicious innuendo and false statements. He told the congregation that I
was a pedophile therefore violating all my civil rights by making a wild, untrue
statement. A pedophile is a person medically diagnosed by a physician. Religious
rhetoric, fanatical and rabid attitudes by cops who feed into the dogma. Read the
document from page one in the library with more info.
This is Joel Popejoy on the left Clark's partner who went on TV in an interview in
which he compares me to Jeffrey Daumer. He said to the reporter that "He would
eliminate people" reporter asks "what do you mean eliminate" Popejoy replies, "You
know kill, murder. This man was attempting to inflame the public by manufacturing
vicious lies that would inflame the media and the public. Read the documents in
the right column by clicking on the title to find out the horrific damage done by
these people. This cop is now deceased alchoholic.
This man is Brian Glazer a reporter for TV 47 in Fresno. He found a gay man who
had slept with Brian Cox who at the time admitted to Brad that he lied making up
the story that he'd been raped. Shortly after Brian Glazer's house was raided he
was charged with drug possession and ran out of town.
This reporter is Mary Ann Rezendez who falsely reported me as being a pedophile.
She asked a group of children at a school near my house, "Did you know there is a
pedophile living nearby?" It was a disastrous media circus full of false
statements utterly without basis or proof. Yet all of this false reporting was
based on reports from Frank Clark the cop who manufactured the lies creating an
atmosphere of hysteria and untruths. This is a classic case of false reporting
with no substance or truth whatsoever!
The woman in the picture to the left claimed to be Brian Cox's mother, in reality
is his aunt. Brian Cox's real mother has dark brown hair and considerably thinner,
in fact very skinny, this woman is plump and weighty. I told my attorney someone
was duping the public however I never discovered the real truth why his aunt stood
in for the mother, the real mother was known to be an alcoholic likely drunk and
could not appear.
Cox Psychopathic Liar
An Appalling case of False Conviction - Click Here for the Site!!!
CNN Report on False Convictions
Tampering with Evidence
Cox Psychopathic Liar
Police Lies and Deception
Case against the Police
A Case of Perjury
Homophobia in the Court
Homophobic Cop
Homophobic Cops
Reporter Busted!
False Reporting!
Not Bryan's Mother!
Attorney Innafective
Free Bernard Baran
"It is better to suffer a great wrong than to have recourse to the much greater
wrong of the law."
Index page
englenderme2000 [at] aol.com
A Travesty of Justice occurred in Fresno, California in 1993 when I was convicted
of a crime I did not commit. Since that time it has taken a number of years to
recover from the economical disaster. The Justice System only works for those who
can afford a high-powered attorney as witness to the O.J. Simpson case and
currently the Michael Jackson case. Had I been able to get a decent attorney I
would have been acquitted on what was strictly circumstantial evidence.
Being gay in Fresno, California in 1992 was no advantage, in fact it was a greater
disadvantage because a Fresno cop by the name of Frank Clark came into the
picture. It was soon evident that he was outrageously homophobic. This man did
more damage to my case than anyone involved by giving false information to the
media which create a firestorm of controversy. I was falsely accused of sodomy by
a 17 year old gay man who later was found to be a pathological liar, a drug abuser
and distributor of drugs for sale. He was not to be believed no matter how grave
the statements.
I operated a gay-lesbian computer bulletin board in 1992-93, Bryan Cox the false
accuser tried to log onto this website by filing a false application. He lied
about his age stating he was 21 later find he was 17. I kicked him off the site
only to have him return nearly two years later in 1992 with the false allegation.
There was no doubt in my mind he was lying because I never
saw the person or had any kind of sex with him. It was his deviant mind, a person
of dark
secrets such as witchcraft and Satanism drove his false accusations. Drugs were
manifesting the lies as well but frankly I never knew until a hospital report told
all. All the documents on this case are available to read in the file are by
clicking on the silver arrows.
I would appreciate your reply this is my only way of dealing with the anger and
problems that has haunted me now for over 12 years since. Imagine having to go to
jail or prison for a crime you did not commit, ruining your life then having to
start all over again. It's ugly it's criminal and there's no real relief. Even if
I could afford to try for any kind of legal redress it's financially prohibitive.
All I can do is run this website and hope that people will understand what it's
like to be falsely accused of a sex crime that never happened!
Bay Area Reporter 2
Bryan Cox Perjury
Bay Area Reporter 2
Bryan Cox Perjury
Public Defender
Please go to page 1 with the button located to the left on the page there you will
find much more evidence and documents that clearly spell out the truth about this
case and who's to blame. I can only present the public with evidence of a grave
injustice having taken place in 1992-93 that has never been accounted for. Those
involved in this massive injustice have either moved away or disappeared to avoid
litigation. The minimum cost to bring this back into the courts would be no less
than $25,000. I have spent the last 10 years rebuilding my life with no help from
anybody but myself. The nightmare remains despite my sucess.
Englender [at] surewest.net
Your comments reply by e-mail
ACLU
FRESNO BEE
BRAD WEBER
THE CONSPIRATORS
HOMOPHOBIC COP
FRESNO BEE
Hacker Tracker Cop
CLICK FOR PAGE
MORE EVIDENCE!.
HABEUS CORPUS
JUDGE VIVAS LETTER
COURT DOCUMENT
GAY MEN KNOW?
Public Defender Fails
GO TO PAGE 1
RELIGION VS GAYUSA
Police Conspiracy Document
If you have a story of false accusation or arrest
please contact me I will publish the story on this
website so that we can get the help you need!
englenderme2000 [at] aol.com attention Mark
Anyone who knows Victor Camarillo or Mark Hernandez of Selma please ask them to
visit my site
and contact me. I would like to post their information that was never allowed in
court.
If you know of a false conviction write to me I will put the story on the website.
Once my book is published I will begin
another so please contact me through e-mail.
My book "False Conviction-The Journey Back is currently in re-write to absolve all
possible libel and will be published sometime after Jan 2008. It is really
terrible and utterly cruel that somebody called my publisher to try and stop the
publishing of the book. I thought I was living in America but now I wonder!!!!
The Conspirators
False Conviction
The Conspirators
Homophobic Cop.
This man is Frank Clark the homophobic cop who made a speech at a church gathering
spouting vicious innuendo and false statements. He told the congregation that I
was a pedophile therefore violating all my civil rights by making a wild, untrue
statement. A pedophile is a person medically diagnosed by a physician. Religious
rhetoric, fanatical and rabid attitudes by cops who feed into the dogma. Read the
document from page one in the library with more info.
This is Joel Popejoy on the left Clark's partner who went on TV in an interview in
which he compares me to Jeffrey Daumer. He said to the reporter that "He would
eliminate people" reporter asks "what do you mean eliminate" Popejoy replies, "You
know kill, murder. This man was attempting to inflame the public by manufacturing
vicious lies that would inflame the media and the public. Read the documents in
the right column by clicking on the title to find out the horrific damage done by
these people. This cop is now deceased alchoholic.
This man is Brian Glazer a reporter for TV 47 in Fresno. He found a gay man who
had slept with Brian Cox who at the time admitted to Brad that he lied making up
the story that he'd been raped. Shortly after Brian Glazer's house was raided he
was charged with drug possession and ran out of town.
This reporter is Mary Ann Rezendez who falsely reported me as being a pedophile.
She asked a group of children at a school near my house, "Did you know there is a
pedophile living nearby?" It was a disastrous media circus full of false
statements utterly without basis or proof. Yet all of this false reporting was
based on reports from Frank Clark the cop who manufactured the lies creating an
atmosphere of hysteria and untruths. This is a classic case of false reporting
with no substance or truth whatsoever!
The woman in the picture to the left claimed to be Brian Cox's mother, in reality
is his aunt. Brian Cox's real mother has dark brown hair and considerably thinner,
in fact very skinny, this woman is plump and weighty. I told my attorney someone
was duping the public however I never discovered the real truth why his aunt stood
in for the mother, the real mother was known to be an alcoholic likely drunk and
could not appear.
Cox Psychopathic Liar
An Appalling case of False Conviction - Click Here for the Site!!!
CNN Report on False Convictions
Tampering with Evidence
Cox Psychopathic Liar
Police Lies and Deception
Case against the Police
A Case of Perjury
Homophobia in the Court
Homophobic Cop
Homophobic Cops
Reporter Busted!
False Reporting!
Not Bryan's Mother!
Attorney Innafective
Free Bernard Baran
"It is better to suffer a great wrong than to have recourse to the much greater
wrong of the law."
Index page
Homophobic Cop.
The Conspirators
False Conviction
The Conspirators
Homophobic Cop.
This man is Frank Clark the homophobic cop who made a speech at a church gathering
spouting vicious innuendo and false statements. He told the congregation that I
was a pedophile therefore violating all my civil rights by making a wild, untrue
statement. A pedophile is a person medically diagnosed by a physician. Religious
rhetoric, fanatical and rabid attitudes by cops who feed into the dogma. Read the
document from page one in the library with more info.
This is Joel Popejoy on the left Clark's partner who went on TV in an interview in
which he compares me to Jeffrey Daumer. He said to the reporter that "He would
eliminate people" reporter asks "what do you mean eliminate" Popejoy replies, "You
know kill, murder. This man was attempting to inflame the public by manufacturing
vicious lies that would inflame the media and the public. Read the documents in
the right column by clicking on the title to find out the horrific damage done by
these people. This cop is now deceased alchoholic.
This man is Brian Glazer a reporter for TV 47 in Fresno. He found a gay man who
had slept with Brian Cox who at the time admitted to Brad that he lied making up
the story that he'd been raped. Shortly after Brian Glazer's house was raided he
was charged with drug possession and ran out of town.
This reporter is Mary Ann Rezendez who falsely reported me as being a pedophile.
She asked a group of children at a school near my house, "Did you know there is a
pedophile living nearby?" It was a disastrous media circus full of false
statements utterly without basis or proof. Yet all of this false reporting was
based on reports from Frank Clark the cop who manufactured the lies creating an
atmosphere of hysteria and untruths. This is a classic case of false reporting
with no substance or truth whatsoever!
The woman in the picture to the left claimed to be Brian Cox's mother, in reality
is his aunt. Brian Cox's real mother has dark brown hair and considerably thinner,
in fact very skinny, this woman is plump and weighty. I told my attorney someone
was duping the public however I never discovered the real truth why his aunt stood
in for the mother, the real mother was known to be an alcoholic likely drunk and
could not appear.
Cox Psychopathic Liar
An Appalling case of False Conviction - Click Here for the Site!!!
CNN Report on False Convictions
Tampering with Evidence
Cox Psychopathic Liar
Police Lies and Deception
Case against the Police
A Case of Perjury
Homophobia in the Court
Homophobic Cop
Homophobic Cops
Reporter Busted!
False Reporting!
Not Bryan's Mother!
Attorney Innafective
Free Bernard Baran
"It is better to suffer a great wrong than to have recourse to the much greater
wrong of the law."
Index page
englenderme2000 [at] aol.com
A Travesty of Justice occurred in Fresno, California in 1993 when I was convicted
of a crime I did not commit. Since that time it has taken a number of years to
recover from the economical disaster. The Justice System only works for those who
can afford a high-powered attorney as witness to the O.J. Simpson case and
currently the Michael Jackson case. Had I been able to get a decent attorney I
would have been acquitted on what was strictly circumstantial evidence.
Being gay in Fresno, California in 1992 was no advantage, in fact it was a greater
disadvantage because a Fresno cop by the name of Frank Clark came into the
picture. It was soon evident that he was outrageously homophobic. This man did
more damage to my case than anyone involved by giving false information to the
media which create a firestorm of controversy. I was falsely accused of sodomy by
a 17 year old gay man who later was found to be a pathological liar, a drug abuser
and distributor of drugs for sale. He was not to be believed no matter how grave
the statements.
I operated a gay-lesbian computer bulletin board in 1992-93, Bryan Cox the false
accuser tried to log onto this website by filing a false application. He lied
about his age stating he was 21 later find he was 17. I kicked him off the site
only to have him return nearly two years later in 1992 with the false allegation.
There was no doubt in my mind he was lying because I never
saw the person or had any kind of sex with him. It was his deviant mind, a person
of dark
secrets such as witchcraft and Satanism drove his false accusations. Drugs were
manifesting the lies as well but frankly I never knew until a hospital report told
all. All the documents on this case are available to read in the file are by
clicking on the silver arrows.
I would appreciate your reply this is my only way of dealing with the anger and
problems that has haunted me now for over 12 years since. Imagine having to go to
jail or prison for a crime you did not commit, ruining your life then having to
start all over again. It's ugly it's criminal and there's no real relief. Even if
I could afford to try for any kind of legal redress it's financially prohibitive.
All I can do is run this website and hope that people will understand what it's
like to be falsely accused of a sex crime that never happened!
Bay Area Reporter 2
Bryan Cox Perjury
Bay Area Reporter 2
Bryan Cox Perjury
Public Defender
Please go to page 1 with the button located to the left on the page there you will
find much more evidence and documents that clearly spell out the truth about this
case and who's to blame. I can only present the public with evidence of a grave
injustice having taken place in 1992-93 that has never been accounted for. Those
involved in this massive injustice have either moved away or disappeared to avoid
litigation. The minimum cost to bring this back into the courts would be no less
than $25,000. I have spent the last 10 years rebuilding my life with no help from
anybody but myself. The nightmare remains despite my sucess.
Englender [at] surewest.net
Your comments reply by e-mail
ACLU
FRESNO BEE
BRAD WEBER
THE CONSPIRATORS
HOMOPHOBIC COP
FRESNO BEE
Hacker Tracker Cop
CLICK FOR PAGE
MORE EVIDENCE!.
HABEUS CORPUS
JUDGE VIVAS LETTER
COURT DOCUMENT
GAY MEN KNOW?
Public Defender Fails
GO TO PAGE 1
RELIGION VS GAYUSA
Police Conspiracy Document
If you have a story of false accusation or arrest
please contact me I will publish the story on this
website so that we can get the help you need!
englenderme2000 [at] aol.com attention Mark
Anyone who knows Victor Camarillo or Mark Hernandez of Selma please ask them to
visit my site
and contact me. I would like to post their information that was never allowed in
court.
If you know of a false conviction write to me I will put the story on the website.
Once my book is published I will begin
another so please contact me through e-mail.
My book "False Conviction-The Journey Back is currently in re-write to absolve all
possible libel and will be published sometime after Jan 2008. It is really
terrible and utterly cruel that somebody called my publisher to try and stop the
publishing of the book. I thought I was living in America but now I wonder!!!!
The cops in fresno are out of control.i was wittness to the constant harrassment to this latino male in this case. The brotherhood of officers in fresno is out of control. and needs to be dealt with and stopped.
1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CAIN GONZALEZ, 1:06-cv-01751 OWW TAG
Plaintiff,
vs.
CITY OF FRESNO, ET.AL.,
Defendant
ORDER SETTING MANDATORY
SCHEDULING CONFERENCE
DATE: March 25, 2009
TIME: 8:15 AM
COURTROOM THREE
JUDGE OLIVER W. WANGER
No schedule dates are currently in place in this matter, therefore, it is ordered that you appear
for a formal scheduling conference before U. S. District Judge Oliver W. Wanger in Courtroom
Three, United States Courthouse, 2500 Tulare Street, Fresno, California, 93721, on the date and time
stated above.
Attendance at the Scheduling Conference is mandatory upon each party not represented by
counsel, or, alternatively, by retained counsel. Only counsel who are thoroughly familiar with the
facts and law of the instant case, and who have full authority to bind his or her client, shall appear.
Trial Counsel should participate in this Scheduling Conference whenever possible.
A Joint Scheduling Report, carefully prepared and executed by all counsel, shall be filed with
the Clerk of the Court, in full compliance with the requirements as set forth in Exhibit “A” attached
[SMS] Gonzalez v. City of Fresno et al Doc. 81
Dockets.Justia.com
hereto one (1) full week prior to the Scheduling Conference.
For reference purposes, the Court requires that counsels’ Joint Scheduling Report indicate
the date, time, and courtroom of the Scheduling Conference opposite the caption on the first page
of the Report.
Among other things, counsel will be expected to discuss the possibility of settlement.
Counsel are to thoroughly discuss settlement with each other before undertaking the preparation of
the Joint Scheduling Report and engaging in extensive discovery. However, even if settlement
negotiations are progressing, counsel are expected to comply with the requirements of this Order
unless otherwise excused by the Court. If the case is settled, please promptly inform the Court, and
counsel’s presence, as well as the joint Scheduling Report, will not be required.
Counsel are encouraged to consent to the jurisdiction of the U. S. Magistrate Judge, and will
be expected to discuss their positions with respect to this at the conference. Should all parties reach
an agreement to such consent prior to the conference, please contact the court and the conference will
be rescheduled before the assigned Magistrate Judge.
Counsel, whose office is more than fifth (50) files from the Courthouse, may request
that their attendance by telephonic conference. If two or more parties wish to appear
telephonically, counsel shall decide which will be responsible for making prior arrangements for the
conference call with the AT&T operator (if counsel do not have conference call capabilities on their
telephone systems), and shall initiate the call at the above-designated time. After all parties are on
the line, the call should then be placed to Judge Wanger’s chambers at (559) 499-5650.
Additionally, counsel are directed to indicate on the face page of their Joint Scheduling Report
that the conference will be telephonic.
/s/ OLIVER W. WANGER
United States District Judge
- 3 -
EXHIBIT "A"
At least twenty (20) days before the scheduled Scheduling Conference, the actual trial
counsel for all parties shall conduct and conclude a conference at a time and place arranged by
counsel for the Plaintiff. This conference shall be preferably a personal conference between counsel,
but due to the distances involved in this District, a telephonic conference call involving all counsel
is permissible. The Joint Scheduling Conference Statement shall respond to the following items by
corresponding number paragraphs:
1. Summary of the factual and legal contentions set forth in the pleadings of each party,
including the relief sought by any party presently before the Court.
2. Any proposed amendment to the pleadings presently on file shall be filed by its
proponent contemporaneously with the Scheduling Conference Report. If the matter cannot be
resolved at the Scheduling Conference, the matter will be set as a Motion to Amend in accordance
with the Rules of Practice of the Eastern District of California.
3. A summary detailing the uncontested and contested facts.
4. A summary of the legal issues as to which there is no dispute, i.e., jurisdiction, venue,
applicable federal or state law, etc., as well as a summary of the disputed legal issues.
5. The position of the parties with respect to consenting to jurisdiction of the U.S.
Magistrate Judge for all purposes, including trial.
6. The status of all matters which are presently set before the Court, i.e., hearing all
motions, etc.
7. A complete and detailed discovery plan, including a firm cut-off date for discovery,
as outlined in Fed.R.Civ.P. 26(f)(2) and a proposed date for disclosure of expert witnesses.
8. Dates agreed to by all counsel for:
(a) Filing pre-trial motions, with the understanding that motions will not be
entertained after the agreed date. (No later than 45 days prior to the proposed
Pre-Trial Conference data.)
(b) Settlement Conference date.
© Pre-Trial Conference date.
(d) Trial date.
All of these dates should be considered firm dates. Dates should be set to allow the
Court to decide any matters under submission before the Pre-Trial Conference is set.
9. At the conference referred to above, counsel are encouraged to discuss settlement, and
the Court will expect a statement in the Joint Scheduling Report as to the possibility of settlement.
Counsel shall indicate whether they feel a settlement conference is desired, and when it should occur,
i.e., before further discover, after discovery, after pre-trial motions, etc.
10. A statement as to whether the case is a jury or non-jury case.
11. An estimate of the number of trial days required. When counsel cannot agree, each
party shall give his or her estimate.
12. Whether either party requests bifurcation of trial or has any other suggestion for
shortening trial. It should be noted that all federal tort Claims cases are bifurcated as a matter of
course.
13. Whether this matter is related to any matter pending in this court or any other court,
including any bankruptcy court.
Should counsel fail to appear at the Scheduling Conference or fail to comply with the
directions set out above, an ex parte hearing may be held and judgment of dismissal or default or
other appropriate judgment may be entered, or sanctions, including contempt of court, may be
imposed or ordered.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CAIN GONZALEZ, 1:06-cv-01751 OWW TAG
Plaintiff,
vs.
CITY OF FRESNO, ET.AL.,
Defendant
ORDER SETTING MANDATORY
SCHEDULING CONFERENCE
DATE: March 25, 2009
TIME: 8:15 AM
COURTROOM THREE
JUDGE OLIVER W. WANGER
No schedule dates are currently in place in this matter, therefore, it is ordered that you appear
for a formal scheduling conference before U. S. District Judge Oliver W. Wanger in Courtroom
Three, United States Courthouse, 2500 Tulare Street, Fresno, California, 93721, on the date and time
stated above.
Attendance at the Scheduling Conference is mandatory upon each party not represented by
counsel, or, alternatively, by retained counsel. Only counsel who are thoroughly familiar with the
facts and law of the instant case, and who have full authority to bind his or her client, shall appear.
Trial Counsel should participate in this Scheduling Conference whenever possible.
A Joint Scheduling Report, carefully prepared and executed by all counsel, shall be filed with
the Clerk of the Court, in full compliance with the requirements as set forth in Exhibit “A” attached
[SMS] Gonzalez v. City of Fresno et al Doc. 81
Dockets.Justia.com
hereto one (1) full week prior to the Scheduling Conference.
For reference purposes, the Court requires that counsels’ Joint Scheduling Report indicate
the date, time, and courtroom of the Scheduling Conference opposite the caption on the first page
of the Report.
Among other things, counsel will be expected to discuss the possibility of settlement.
Counsel are to thoroughly discuss settlement with each other before undertaking the preparation of
the Joint Scheduling Report and engaging in extensive discovery. However, even if settlement
negotiations are progressing, counsel are expected to comply with the requirements of this Order
unless otherwise excused by the Court. If the case is settled, please promptly inform the Court, and
counsel’s presence, as well as the joint Scheduling Report, will not be required.
Counsel are encouraged to consent to the jurisdiction of the U. S. Magistrate Judge, and will
be expected to discuss their positions with respect to this at the conference. Should all parties reach
an agreement to such consent prior to the conference, please contact the court and the conference will
be rescheduled before the assigned Magistrate Judge.
Counsel, whose office is more than fifth (50) files from the Courthouse, may request
that their attendance by telephonic conference. If two or more parties wish to appear
telephonically, counsel shall decide which will be responsible for making prior arrangements for the
conference call with the AT&T operator (if counsel do not have conference call capabilities on their
telephone systems), and shall initiate the call at the above-designated time. After all parties are on
the line, the call should then be placed to Judge Wanger’s chambers at (559) 499-5650.
Additionally, counsel are directed to indicate on the face page of their Joint Scheduling Report
that the conference will be telephonic.
/s/ OLIVER W. WANGER
United States District Judge
- 3 -
EXHIBIT "A"
At least twenty (20) days before the scheduled Scheduling Conference, the actual trial
counsel for all parties shall conduct and conclude a conference at a time and place arranged by
counsel for the Plaintiff. This conference shall be preferably a personal conference between counsel,
but due to the distances involved in this District, a telephonic conference call involving all counsel
is permissible. The Joint Scheduling Conference Statement shall respond to the following items by
corresponding number paragraphs:
1. Summary of the factual and legal contentions set forth in the pleadings of each party,
including the relief sought by any party presently before the Court.
2. Any proposed amendment to the pleadings presently on file shall be filed by its
proponent contemporaneously with the Scheduling Conference Report. If the matter cannot be
resolved at the Scheduling Conference, the matter will be set as a Motion to Amend in accordance
with the Rules of Practice of the Eastern District of California.
3. A summary detailing the uncontested and contested facts.
4. A summary of the legal issues as to which there is no dispute, i.e., jurisdiction, venue,
applicable federal or state law, etc., as well as a summary of the disputed legal issues.
5. The position of the parties with respect to consenting to jurisdiction of the U.S.
Magistrate Judge for all purposes, including trial.
6. The status of all matters which are presently set before the Court, i.e., hearing all
motions, etc.
7. A complete and detailed discovery plan, including a firm cut-off date for discovery,
as outlined in Fed.R.Civ.P. 26(f)(2) and a proposed date for disclosure of expert witnesses.
8. Dates agreed to by all counsel for:
(a) Filing pre-trial motions, with the understanding that motions will not be
entertained after the agreed date. (No later than 45 days prior to the proposed
Pre-Trial Conference data.)
(b) Settlement Conference date.
© Pre-Trial Conference date.
(d) Trial date.
All of these dates should be considered firm dates. Dates should be set to allow the
Court to decide any matters under submission before the Pre-Trial Conference is set.
9. At the conference referred to above, counsel are encouraged to discuss settlement, and
the Court will expect a statement in the Joint Scheduling Report as to the possibility of settlement.
Counsel shall indicate whether they feel a settlement conference is desired, and when it should occur,
i.e., before further discover, after discovery, after pre-trial motions, etc.
10. A statement as to whether the case is a jury or non-jury case.
11. An estimate of the number of trial days required. When counsel cannot agree, each
party shall give his or her estimate.
12. Whether either party requests bifurcation of trial or has any other suggestion for
shortening trial. It should be noted that all federal tort Claims cases are bifurcated as a matter of
course.
13. Whether this matter is related to any matter pending in this court or any other court,
including any bankruptcy court.
Should counsel fail to appear at the Scheduling Conference or fail to comply with the
directions set out above, an ex parte hearing may be held and judgment of dismissal or default or
other appropriate judgment may be entered, or sanctions, including contempt of court, may be
imposed or ordered.
For more information:
https://docs.justia.com/cases/federal/dist...
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