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Date: 04-28-2018

Case Style:

Brandon Smith v. City of Chandler

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Case Number: 2:12-cv-02391-FJM

Judge: Frederick J. Martone

Court: United States District Court for the District of Arizona (Maricopa County)

Plaintiff's Attorney: David Joseph Catanese

Defendant's Attorney: Eric C Anderson, Jacob Brady Lee, James Randall Jue,

Description: Phoenix, AZ - Brandon Smith sued City of Chandler o a civil rights personal injury theory.

05/08/2017 181 TRANSCRIPT REQUEST Direct Exam of Dean Smith by Brandon Smith for proceedings held on 01/23/17 & 01/24/2017, Judge Frederick J Martone hearing judge(s). (Catanese, David) (Entered: 05/08/2017)
05/08/2017 182 TRANSCRIPT REQUEST Direct Exam of Marcie Smith by Brandon Smith for proceedings held on 01/26/2017, Judge Frederick J Martone hearing judge(s). (Catanese, David) (Entered: 05/08/2017)
05/11/2017 183 STIPULATION to Extend Time to File Defendants' Renewed Motion for Attorneys' Fees and Non-Taxable Costs by Chandler, City of, Keith Smith. (Attachments: # 1 Text of Proposed Order)(Lee, Jacob) (Entered: 05/11/2017)
05/12/2017 184 BILL OF COSTS by Chandler, City of, Keith Smith. (Lee, Jacob) (Entered: 05/12/2017)
05/12/2017 185 AFFIDAVIT/SUPPORTING DOCUMENT to BILL OF COSTS re: 184 by Chandler, City of, Keith Smith. (Attachments: # 1 Exhibit 1 - Invoices)(Lee, Jacob) (Entered: 05/12/2017)
05/12/2017 186 ORDER granting 183 Stipulation. IT IS FURTHER ORDERED that Defendants shall have up to and including Friday, May 26, 2017 to file their Renewed Motion for Attorneys' Fees and Non-Taxable Costs. Signed by Senior Judge Frederick J Martone on 5/12/17. (MAW) (Entered: 05/12/2017)
05/12/2017 187 NOTICE OF FILING OF OFFICIAL EXCERPTED TRANSCRIPT of JURY TRIAL - DAY 4 - DIRECT EXAMINATION OF MARCIE SMITH proceedings held on 01/26/2017, before Judge Frederick J. Martone. (Court Reporter: Linda Schroeder). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (RAP) (Entered: 05/19/2017)
05/26/2017 188 MOTION for Attorney Fees and Taxable Costs (Renewed) by Chandler, City of, Keith Smith. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1 - Statement of Counsel, # 3 Exhibit 2 - DEC of Wieneke, # 4 Exhibit 3 - DEC of Lewis, # 5 Exhibit 4 - DEC of Fletcher, # 6 Exhibit 5 - DEC of Lee, # 7 Exhibit 6 - DEC of Acedo, # 8 Exhibit 7 - Cost Invoices, # 9 Exhibit 8 - Billing Statements)(Lee, Jacob) (Entered: 05/26/2017)
05/26/2017 189 MOTION for New Trial by Brandon Smith. (Catanese, David) (Entered: 05/26/2017)
06/08/2017 190 RESPONSE to Motion re: 189 MOTION for New Trial filed by Chandler, City of, Keith Smith. (Lee, Jacob) (Entered: 06/08/2017)
06/08/2017 191 RESPONSE to Motion re: 188 MOTION for Attorney Fees and Taxable Costs (Renewed) filed by Brandon Smith. (Catanese, David) (Entered: 06/08/2017)
06/15/2017 192 REPLY to Response to Motion re: 188 MOTION for Attorney Fees and Taxable Costs (Renewed) filed by Chandler, City of, Keith Smith. (Lee, Jacob) (Entered: 06/15/2017)
06/26/2017 193 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by David Joseph Catanese. (Catanese, David) (Entered: 06/26/2017)
06/26/2017 194 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by David Joseph Catanese. (Catanese, David) (Entered: 06/26/2017)
08/09/2017 195 ORDER: IT IS ORDERED that Plaintiff's Motion for New Trial is DENIED (Doc. 189 ). Defendants' Motion for Attorneys' Fees and Non-Taxable Costs is GRANTED IN PART, in the amount of $95,258.00 in attorneys' fees and $17,975.00 in non-taxable costs (Doc. 188 ) [see attached Order for details]. Signed by Senior Judge Frederick J Martone on 8/9/17.(MAW) (Entered: 08/09/2017)
08/18/2017 196 Taxation Judgment in amount of $7,621.86 against plaintiff. Signed by Chief Deputy Clerk Michael O'Brien on 8/18/2017. (CSM) (Entered: 08/18/2017)
09/08/2017 197 * NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 180 Clerks Judgment, 195 Order on Motion for Attorney Fees, Order on Motion for New Trial, 179 Order, 158 Minute Entry by Brandon Smith. Filing fee received: $ 505.00, receipt number 0970-14631584. (Catanese, David) * Modified to add document linkage on 9/11/2017 (LAD). (Entered: 09/08/2017)
09/11/2017 198 MOTION to Withdraw as Attorney by Chandler, City of, Keith Smith. (Attachments: # 1 Text of Proposed Order)(Wieneke, Kathleen) (Entered: 09/11/2017)
09/11/2017 199 USCA Case Number re: 197 Notice of Appeal. Case number 17-16820, Ninth Circuit. (LAD) (Entered: 09/11/2017)
09/12/2017 200 ORDER granting 198 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Kathleen L. Wieneke is withdrawn as counsel for Defendants. Counsel Thomas A. Lloyd will continue to represent the Defendants. Signed by Senior Judge Frederick J Martone on 9/12/17.(MAW) (Entered: 09/12/2017)
10/03/2017 201 TRANSCRIPT REQUEST by Brandon Smith for proceedings held on January 27, 2017, Judge Frederick J Martone hearing judge(s). (Catanese, David) (Entered: 10/03/2017)
10/10/2017 202 DESIGNATION OF RECORD ON APPEAL by Chandler, City of, Keith Smith re: 197 Notice of Appeal. (Lloyd, Thomas) (Entered: 10/10/2017)
10/27/2017 203 First MOTION Request Court to Order Plaintiff/Appellant to Order and Pay for Transcripts on Appeal re: 197 Notice of Appeal, 201 Transcript Request, 202 Designation of Record on Appeal by Chandler, City of, Keith Smith. (Attachments: # 1 Text of Proposed Order)(Lloyd, Thomas) (Entered: 10/27/2017)
11/14/2017 204 RESPONSE to Motion re: 203 First MOTION Request Court to Order Plaintiff/Appellant to Order and Pay for Transcripts on Appeal re: 197 Notice of Appeal, 201 Transcript Request, 202 Designation of Record on Appeal filed by Brandon Smith. (Attachments: # 1 Exhibit Exhibit 1)(Catanese, David) (Entered: 11/14/2017)
11/20/2017 205 REPLY to Response to Motion re: 203 First MOTION Request Court to Order Plaintiff/Appellant to Order and Pay for Transcripts on Appeal re: 197 Notice of Appeal, 201 Transcript Request, 202 Designation of Record on Appeal filed by Chandler, City of, Keith Smith. (Lloyd, Thomas) (Entered: 11/20/2017)
12/18/2017 206 ORDER: It is therefore ORDERED GRANTING in part Defendants' Motion for Payment of Transcripts (Doc. 203 ). Plaintiff shall pay for the transcripts identified above and any additional transcripts cited in Defendant's answering brief in the court of appeals [see attached Order for details]. Signed by Senior Judge Frederick J Martone on 12/18/17. (MAW) (Entered: 12/18/2017)
05/02/2018 207 NOTICE of Attorney Substitution by James Randall Jue. (Jue, James) (Entered: 05/02/2018)

Outcome: 04/28/2017 179 ORDER: Pursuant to the jury's verdict, we direct the clerk to enter judgment in favor of the defendant Keith Smith and against the plaintiff Brandon Smith on plaintiff's Fourth Amendment claim. Pursuant to this Order, we direct the clerk to enter judgment in favor of the defendant City of Chandler and against the plaintiff Brandon Smith on plaintiff's negligence claim. All the claims against all the parties having been resolved, the clerk is directed to enter a final judgment. Signed by Senior Judge Frederick J Martone on 4/27/17. (EJA) (Entered: 04/28/2017)
04/28/2017 180 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed April 28, 2017, judgment is entered in favor of defendant Keith Smith and against plaintiff. IT IS FURTHER ORDERED entering judgment in favor of defendant City of Chandler and against plaintiff. Plaintiff to take nothing. All the claims having been resolved, this action is hereby terminated. (EJA) (Entered: 04/28/2017)

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