Free Case Management Statement - District Court of California - California

Case 3:07-cv-04912-MHP

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H. F. Layton (SBN 154465) James Martinez (SBN 235800) H. F. LAYTON LAW OFFICE 8660-B Brentwood Blvd. Brentwood, CA 94513 Telephone: (925) 240-1040 Facsimile: (925) 240-1878 Attorneys for Plaintiff RAMON CASTILLO

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

RAMON CASTILLO, Plaintiff, vs.

16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. ____________________________________ CITY OF RICHMOND, a Municipal Corporation; VIRGIL THOMAS, individually and as an Officer of the Richmond Police Department; TERRY HUDSON, individually and as Chief of Police of the Richmond Police Department; and DOES 1-100, inclusive,

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Case Number C07-04912 EDL PLAINTIFF RAMON CASTILLO S CASE MANAGEMENT STATEMENT

Plaintiff Ramon Castillo respectfully submits this Case Management Conference Statement: I. JURISDICTION AND SERVICE

This Court has subject matter jurisdiction for Plaintiff s claims against all Defendants for violation of his federal constitutional rights under Tile 42 U.S.C.

Case 3:07-cv-04912-MHP

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Sections 1331(a) and 1343. This Court also has pendent jurisdiction over Plaintiff s state law claims against the individual defendants pursuant to Title 28 U.S.C. Section 1367. Defendants have not yet been served, although Defendants counsel has notice of this lawsuit and will be accepting service of the First Amended Complaint. II. FACTS

On or about September 25, 2005, at approximately 9:30 p.m., Plaintiff was accompanying a few friends home, in Richmond, California. After walking his last friend home, Plaintiff began walking towards his home which was at the time of this incident located at 3038 Rheem Street, in the City of Richmond. Plaintiff walked down Twenty-third Street towards San Pablo Avenue. When Plaintiff arrived at a gas station on San Pablo Avenue, in the City of San Pablo, Plaintiff was tired and decided to sit down and rest at the corner on the curb. Plaintiff, however, dozed off. Plaintiff was awoken when Defendant Virgil Thomas, who was acting as a Richmond Police Officer on patrol, struck the left side of his neck. Plaintiff Castillo then turned to look at Defendant Thomas, who said something to him in English, but Plaintiff does not understand English. Defendant Thomas then proceeded to kick Plaintiff three or four times in his lower rib areas. Plaintiff Castillo laid on the ground while Defendant Thomas walked to his police car. When Defendant Thomas returned, Defendant began kicked Plaintiff once again, and then punched him three or four times in the fact and neck. Plaintiff, at all times during this attack, kept his hands in plain sight, and neither provoked Defendant Thomas, nor made any effort to flee, resist, or strike Defendant Thomas. A witness took Plaintiff to Doctors Medical Center located in the City of San Pablo for treatment. Plaintiff Castillo suffered serious physical injuries including abrasions and facial contusions. III. LEGAL ISSUES

As Defendants have not yet been served, disputed points of law are not known. 2

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IV.

MOTIONS

There are no pending motions. V. AMENDMENT OF PLEADINGS

Plaintiff will file a First Amended Complaint, deleting state law claims against Defendant City of Richmond no later than January 7, 2008. VI. EVIDENCE PRESERVATION

No steps have been taken by Plaintiff to preserve evidence in this case as Plaintiff has no evidence directly in his control. VII. DISCLOSURES

Defendants have not yet been served, nor have Defendants appeared in this action. Therefore, no initial disclosures have been made. VIII. DISCOVERY No discovery has been done in this case as Defendants have not yet been served, nor have Defendants appeared in this action. IX. CLASS ACTION

This case is not a class action. X. RELATED CASES

There are no related cases. XI. RELIEF

Plaintiff seeks compensation for his medical expenses, lost wages and income, his out of pocket expenses, and for general damages. In addition, Plaintiff seeks punitive damages, attorneys fees, and costs of suit. This figure has not yet been calculated. Plaintiff s damages will be based upon the physical injuries and abuse sustained in the incident. XII. SETTLEMENT AND ADR

The prospects for settlement are unknown at this time. XIII. CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES Plaintiff has filed a Consent Proceed Before A United States Magistrate Judge. 3

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XIV. OTHER REFERENCES No other references are suitable. XV. NARROWING OF ISSUES

Plaintiff is not aware of any issue in this matter that can be narrowed by agreement or motion. XVI. EXPEDITED SCHEDULE Plaintiff does not currently believe that this case can be handled on an expedited basis. XVII. SCHEDULING Defendants have not yet been served, nor have they appeared in this action. Plaintiff XVIII. TRIAL

Plaintiff has requested a jury trial. Plaintiff estimates the length of trial to be between seven and ten days. XIX. DISCLOSURE OF NON-PARTY INTERESTED ENTITIES OR PERSONS Plaintiff is unaware of any non-party interested entities or persons. XX. OTHER MATTERS

Plaintiff is not aware of any other matters that may facilitate the just, speed, and inexpensive disposition of this matter. Dated: January 3, 2008 H. F. LAYTON LAW OFFICE

/S/ JAMES MARTINEZ Attorneys for Plaintiff RAMON CASTILLO

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