Families & Friends of Murder Victims January 2014 newsletter
FFMV Birthdays 2014
FFMV Memories 2014
FAMILIES & FRIENDS OF
MURDER VICTIMS, Inc.
Newsletter January 2014
*Carol Anderson – Website
*Kaiser – Oakland
*Avaxat Elementary School- Murrieta
*St. Anthony’s Catholic Church-Upland
*Christ The Redeemer Catholic Church
*Palm Desert Library
*First United Methodist Church of La Puente
*San Bernardino County District Attorney’s Office of
Victim Services/Victim Advocates
*Riverside County District Attorney’s Office of Victim
* Dola Wiedemann – Mother of Lisel - Memory Cards
*Family of Kris Flores
*Janet Garcia & Barbara Christian
* Ellie Rossi – Mother of David and Lisa
* San Bernardino County District Attorney’s Office
for sponsoring newsletter for 2014*
A million words would not bring you back,
I know because I’ve tried. Neither would a
million tears, I know because I’ve cried.
Inmate Locator, Department of
Corrections is now making it
easier for people to locate
prison inmates; it’s a free
online search and is open to
the general public.
Here is the new web address for
Families & Friends
of Murder Victims, INC
Need Someone to Talk To?
* Bertha Flores - Parent - Spanish speaking (909)
200-5499 (after 3pm) Rialto CA
*Rose Madsen – Parent (909) 798-4803 (after 4pm)
– Redlands CA
*Maxine Russell – (818) 378-2072
*Dawn Hall – Parent (951) 757-4419 –
*Mary Stewart -Parent (951 698-5317) Emergency
Consult for Suicidal or
*Linda Atencio -Parent – 760-662-4373 –
* Ellie Rossi - Parent - 909-810-8133 Redlands CA
* Delores Maloy- Parent – High Desert
Contact – 760-530-7027
* Shayla Adams – 760-475-3774
* Richard McVoy – Adult Sibling –
909-503-5456 – Grand Terrace CA
* Tanya Powell - Parent – 760-596-2293Upland CA
Families & Friends of Murder Victims:
A non-profit organization
Dedicated to providing information, support, and
friendship to persons who have experienced the
death of a loved one through the violent act of
Mission: To restore a sense of hope and to
provide a pathway to well-being to those who
have lost a loved one to murder and to those who
are victims of attempted murder.
Love gifts are a specific tax deductible donation made
to the memory of a loved one’s birthday, anniversary
of a death, holiday, or just because which are posted
in newsletter. They are also made by caring
professionals, organizations to help in the work that
FFMV does with victims/survivors. These gifts help
with the expenses incurred in reaching out to others
and operating expenses. When making out a check,
please make payable to FFMV and note Love Gift on
check or envelope.
Love Gifts can be mailed to FFMVP.O. Box 11222 San Bernardino, Ca. - 92423-1222
Join Families & Friends of Murder Victims on
Attached is a 2014 FFMV Participant form,
please complete and mail or email
FFMV is updating data base on FFMV’s
new computer, especially if you have new
Mother of Jesse Garcia – 6/10/78 – 6/27/94
Mother of Terri Lynn Winchell–
4/10/63 – 1/8/81
FFMV - Riverside Chapter
West End Chapter -Bi-lingual
Meets on the 3rd Wednesday of every
month at 7pm
Avaxat Elementary School, 24300 La
Brisas Road in Murrieta, CA
Contact Dawn (951) 757-4419
For directions ask for PJ at951-696-1600 x2177 –
M-F 9am-4pm (1-2pm lunch)
Meets every 2nd Thursday of every month
St. Anthony’s Catholic Church
2210 North San Antonio Upland, CA
Participants have the option of the
English & Spanish Meeting
Next meeting is January 15th
Local Grupo Bilingue
Los participantes pueden escoger en
Inglés o en Español
Se reunen cada Segundo Jueves del mes
a las 7:00 p.m.
Contact persons/ Personas de contacto:
Rita Marin (909) 215-7063
FFMV - Colton Chapter
1st Tuesday of every month
Christ The Redeemer Catholic Church
Robinson Hall – Room 6
12745 Oriole Ave Grand Terrace, CA
Time: 6:00pm - 8:00pm
Contact person for directions or
information Rose – 909-754-6969
Next Meeting January 7th
FFMV -Coachella Valley Chapter
Meets every 3rd Wednesday of every month
6:00pm – 7:30pm
Palm Desert Library – Community Room
73-300 Fred Waring Drive
Palm Desert, CA 92660
Rose – 909-754-6969
Meeting January 15th
1st Tuesday of every month
Kaiser in Oakland, Howe St. at
12th floor Room 1200 East
Contact: Robin – 510-653-8069
Sandra – 510-691-7089
Next meeting is January 7th
Next Meeting January 9th
FFMV – SGV Chapter
Meetings are currently held on the 2nd
Tuesday of each month in a classroom at the
First United Methodist Church of La Puente,
located at. 15701 Hill Street, La Puente, CA
91744. Contact information:
* Luz Ruiz (626) 388-6403*Tracy Ponce (626)
533-3121 *Luisa Ashley (818) 445-2077
Next Meeting January 14th
Grief Support Group
ALL are welcome at our monthly meetings.
Whether you are a parishioner or not. If you
are suffering the loss of a loved one and in
need to talk to someone, we are here to listen
and share emotions.
Together and with the help of the Lord, we
can help each other heal.
Meetings are held every 2nd Wednesday of the
month 7 to 9 P.M. ~ Room 8
St. Anthony’s Church 1640 Western Ave. San
Contacts: Hope Morfin (909)820-6163
Ralph & Arlene Payan (909)887-4387
Danny & Rose Equihua (909) 887-3744
Office Depot - Staples – Office Max
If you shop at Office Depot or Staples please
use FFMV’s Rewards Number for Office Depot
which is 1139461170 Office Max – 650756207,
Staples- or use just give them 909-798-4803
for all three. We get reward points that help
defray the cost of printing, ink cartridges and
PLEASE….Don‘t throw away your old ink
cartridges! Continue to bring them to us, or
take them to Office Max, Staples or Office
Depot and give them 909-798-4803
It’s an easy way to help
FFMV purchase office supplies.
FFMV SGV Chapter News
Luz shared that she would like to sell
bracelets as a fundraiser for our
chapter. These bracelets would be
personalized with our loved one’s names on
it and Luz Ruiz will make them
herself. Each bracelet will cost $15. She
will be posting pictures of the bracelets on
her Facebook Page soon. She is taking
Resources and Additional Support Services
San Bernardino County District Attorney’s Office
of Victim Witness Centers: San Bernardino
Rancho Cucamonga: (909) 945-4241*
Victorville/Desert area: (760) 552-6944*
Riverside County District Attorney’s Office of
Victim Witness Centers:
Riverside: (951) 955-5450
Murrieta: (951) 304-5680 * Banning: (951) 922-7130
* Indio: (760) 863-8408
*Los Angeles County District Attorney's Victim
Witness Assistance Program offices:
Pomona: 909) 620-3381
* WINGS OF JUSTICE – Website
*Women Against Gun Violence – 310-204-2348
*www.CrimeVictims.gov—public awareness Web
* H.E.A.L. Helping Everyone Acknowledge Loss –
* Crime Victims United of California –
530-885-9544 www.crimevictimsunited.com or
* North American Victim Assistance (NOVA)
* Victims of Crime Resources Center (800)
* POMC - (888) 818-POMC www.pomc.org
* Greater Orange County POMC –
Marie – 714-999-7132 – 562-508-2397
* Citizens Against Homicide - (415) 455-5944
* Justice for Murdered Children - (310) 547-1367
* Memory of Victims Everywhere - (949) 248-5470
* Resource for the Grieving and
* Crime Survivors – 949-872-7895
www.crimesurvivors.com Bi-monthly meetings
held in Orange County
* Adela Lavine~Medium: www.adelalavine.com
* MADD – (909) 888-6233
*JUSTICE FOR HOMICIDE VICTIMS - (310) 4570030 -firstname.lastname@example.org
* Striving Towards Eradicating Violence In Ennercities
* Survivors of Murdered Children SGV Chapter –
Alhambra Police Dept.RM# EDC 2nd Floor 211 South First
Street, Alhambra, CA., 91801) 3rd Wednesday of the Month
Time: 6:30PM - 8:30PM Tina-626-298-9054 -
January 2014 Birthdays
Arturo J. Velazquez
Angel Rodriguez Jr.
Anthony Maldonado Antonio Ramírez IV “Little Tony”
Jason Carlos Casarez
Frederic Arlen Hoyle Jr.
Jesus “Rick” Soto Jr.
Krishana LeAnn Szymanski
Noe Salinas III
Ray Valenzuela Jr.
Roberto V. Morales
Terese R. Stewart
Happy Birthday in Heaven!
January 2014 Memories
Adam John Rivera
Armando Gabriel Calvary
Betty Van Patter
Carlos Angelo Centino
Carlos F. Leal Jr.
James Donald Hartzell Jr.
Jason Carlos Casarez
Jesus D. Calderon
Jose Alfredo Suarez
Manuel J. Vega
Michael Reed Jr.
Nancy E. O’Hara & Jesse M. O’Hara
Noe Salinas III
Ramon Quesada Jr.
Raul “Ralphee” Payan
Terri Lynn Winchell
Victor Bernard White Jr.
In Loving Memory
Terri Lynn Winchell
4/10/63 – 1/8/81
In Loving Memory
3/6/65 – 1/8/04
In Loving Memory
5/14/68 – 1/25/06
Although the world keeps turning…And the sun comes up each day…
Life has never been the same….Since you were called away…
You were such a special person…So gentle kind and good…
And have left the sweetest memories…And thoughts of you behind…
I only wish there was a way…That I could see you one more time…
To thank you for the joy you brought….Into this life of mine.
In Loving Memory David Charles Nystrom – 2/2/64 - 7/27/98 & Lisa Cummings – 11/13/66 – 3/12/11
Brother and Sister in Heaven ….. now together watching over their Mom (Ellie Rossi)
--------------------------------------------------------------Love Gift----------------------------------------------------------------Donation $_______________
Name (please print):_________________________________________________________________
Email address: __________________________________________________________
Your Phone # (
) ____________________Relationship to Victim: _____________________________
Name of Victim: _________________________________________________________________
Date of Birth:
Date of Death: ______________________
Please post my loved ones message and/or picture(s) for the month of: ___________
# of pictures enclosed/attached ____________
Use picture on file_______________
In 2007, Congress designated September 25
as the "National Day of Remembrance for
Murder Victims." This special day gives us
the chance to honor our nation’s murder
victims and pray for surviving family
members whose lives were forever changed
by an act of violence. While our actions
today cannot change the horrific past, it is
my hope that our shared efforts will, at the
very least, seek to remind us of the common
bond we share as Americans. Their loss is
our loss, and their pain is our pain. We must
San Bernardino County District Attorneys’
Office online memorial boards is to do just
that—honor the memories of those who lost
their lives to a senseless act of violence in
San Bernardino County.
If you would like to have your loved one's
photo placed on our online memorial board,
please send us one digital image along with
the name of your loved one, date of birth
and date of passing to email@example.com. Our
memorial only dates back to 2011 when the
District Attorney's website was revamped;
however, if your loved one's date of passing
is prior to 2011, you are also invited to
submit your photos and be included in the
memorial. The image must be at least 230
pixels wide and 290 pixels high (230x290).
We will update this page once a year on
A Letter from Heaven
When tomorrow starts without me, and
I’m not here to see,
If the sun should rise and find your eyes,
filled with tears for me.
I wish so much you wouldn’t cry, the
way you did today.
While thinking of the many things, we
didn’t get to say.
I know how much you love me, as much
as I love you.
And each time you think of me, I know
you’ll miss me too.
When tomorrow starts without me, don’t
think we’re far apart,
For every time you think of me, I’m right
there in your heart.
"DETOUR" - a documentary
Multilevel Entertainment is passionate about producing a documentary
entitled "DETOUR" to benefit Families & Friends of Murder Victims, Inc., a 501(c)3 non-profit
organization since 1995, dedicated to providing information, support, and friendship to persons who have
experienced the death of a loved one through the violent act of murder. This documentary collaborates
with real people and stories from the survivors: the families and friends of the murder victim. Their
journeys from loss to beginning a new life is also told by law makers and enforcers, medical
professionals, and clergy.
Our goal is to create a poignant documentary that highlights the effects of homicide on society and the
necessary coping skills for those who are surviving the loss and grief of their loved one ... now, called
the victim. By raising public awareness, we hope that Families & Friends of Murder Victims, Inc. will
receive the financial support they need to continue their work with survivors throughout Southern
California in Los Angeles, San Bernardino, and Riverside Counties, and become an international model
program. For more information, visit igg.me/at/ffmvfilm
Submitted by Jane Boufford – Justice for Murdered Victims
I wanted to let you know, we have entered into a new partnership with a L.A. publication, Cuffed and
Wanted. They are publishing stories about unsolved cases in the Los Angeles area. Eventually, they
hope to expand to outlying areas. If you have members with unsolved L.A. crimes, they need to get us
a release form (available on our website) and a good picture. A brief story about the case; detectives to
contact, rewards, etc. Publications come out the 1st and the 15th of the month. We need information by
about the 10 days prior to publication. They are located in Signal Hill and I can easily run information
over to them to make sure that it is the right pixel for their paper.
CAMP GOOD GRIEF (SVP)
Camp Good Grief-Special Victims Program (SVP) is a joint effort between the San Bernardino County District
Attorney's Office Bureau of Victim Services and Loma Linda University Medical Center Children's Hospital. The 3day grief camp is geared toward homicide/suicide and is for children ages 10-16 who have experienced a violent
death in their family. Campers board a bus at the Ronald McDonald House in Loma Linda and head to Camp
Cedar Falls in the San Bernardino Mountains for a three-day camp and grief therapy experience.
At camp the children participate in game and team building activities and therapeutic group activities designed
to help them learn and understand how to cope with the grief over the violent death of their loved one. This
camp has been so successful that it has been expanded to include Camp Good Grief - Special Victims Program
Teen Retreat. It will be held annually and provides grief services for teens ages 14-18 who previously
participated in Camp Good Grief - SVP and whose lives have been positively impacted by camp. It will be a
combination of learning advanced grief management skills as well as a training camp for future Camp Good Grief
Camp is free of charge to all campers and camperships are funded by unclaimed victim restitution. Therapists
and interns from Loma Linda Marriage and Family Therapy Clinic, Loma Linda Child Life Specialists and District
Attorney's Office Victim Advocates donate their time to the camp.
The Bureau of Victim Services and Loma Linda University Children's Hospital have pledged to continue
fundraising activities, presentations to service groups, and outreach events so they may continue hosting future
Camp Good Grief-SVP programs.
Contact: Dorothy Brooks 909-558-4073
COLD CASES FYI
Frank Girardot, editor of the Pasadena Star News and senior editor of the San Gabriel Valley Tribune Group
announced that he would to publish pictures and information regarding unsolved homicide cases on the
newspaper website. Many families that I know personally have UNSOLVED cases which have turned to COLD
cases…Everyone deserves JUSTICE
If your loved one was murdered in the greater Southern California area and the case is unsolved, Frank will get it
published in the newspaper.
You can check out the Cold Case Project by going to www.PasadenaStarNews.com/coldcases. The paper also has
the project listed on Facebook …
This is a response Frank gave me when I e-mailed him about this project:
If I get a photo from a loved one I will post it on our website as soon as I can. Anyone who is interested can
contact me and I promise to get them set up.
911 E. Colorado Blvd, Pasadena, CA 91106, 626-578-6300 ext.4478 firstname.lastname@example.org
Here is some basic information Frank needs when you send him a picture of your loved one: Your full name,
address, phone(s), e-mail address, Victims Full Name and age at time of murder, Victims DOB-DOD, your
relationship to victim, city where murder took place, any suspects arrested?, Detective’s name & phone, & short
bio on how your loved one was murdered
I encourage you to submit your story if you still have an unsolved case!
The California VINE system is a service through which victims of crime can use the telephone or
Internet to search for information regarding the custody status of their offender and to register to
receive telephone and e-mail notification when the offender's custody status changes. The VINE tollfree number for the California VINE system is (877) 411-5588. This service is provided to assist Victims
of Crime who have a right to know about their offender's custody status.
The VINE mobile app is the "on-the-go" version of VINE, so that anyone can access vital information
about criminals arrested in the community.
VINE mobile is free to crime victims and is anonymous for users. It is available for both iPhone and
Android smart phone users.
Click here to visit the VINE Website and scroll to the bottom of the page for information on the app.
National Crime Victims’ Rights Week: April 6 – April 12, 2014
"30 Years: Restoring the Balance of Justice."
The week of April 6 – April 12, 2014 will commemorate National Crime Victims’ Rights Week.
Throughout the country, regional events are held to honor lives that were lost to crime and to
recognize others who have worked tirelessly demonstrating commitment to the cause, by
promoting victims’ rights and honoring crime victims and those who advocate on their behalf.
FFMV will keep you posted on upcoming events in your area….FFMV will be partnering with
San Bernardino County District Attorneys’ Office and other community partners with events
being planned for this week.
From Rose Madsen, Editor/Chair/co-founder of the
Colton & Coachella Chapter of FFMV
In Memory of my daughter Jennifer LeAnne Balber
12/02/73 – 11/10/94
A 20yr. old SoCal Gas Co. Meter Reader,
Fatally Shot in the Line of Service in Rialto, CA
On behalf of the executive board of Families & Friends of Murder Victims, we wish you a Happy New
Year. Words can't mend your heartache; we share your loss and wish you comfort and peace of mind.
May you find strength in the love of your family, and in the warm embrace of your friends.
My beautiful Jen…..I can no longer…See you with my eyes…Touch you with my hands…
But I will feel you in my heart….Forever…Love, Mom
Send me your outcome of your court process or status of your case and I will post on our newsletter.
Please update me with any changes to your mailing address, phone, or email, also if your loved ones picture,
birthday or anniversary is skipped on newsletter, please let me know ASAP and I will correct I’m in the process of
updating our new database.
FFMV is excited about the documentary project that highlights the effects of homicide on society and the
necessary coping skills for the survivors of the victims. If you are interested in participating, please email me at
email@example.com. And I will forward your interest, I will keep you posted.
Grief is not healed in a certain time frame, the heart does not work that way...
I continue to pray for the families of the victims and surviving victims for
PEACE, HOPE and JUSTICE!
FFMV is a non-profit organization dedicated to serving survivors of murder victims & victims of attempted murder.
Our main purpose is grief support for those victim/survivors. All assistance provided to victims is given free of charge
by volunteers. Contributions and/or questions regarding the policies of FFMV may be addressed to: FFMV
Executive Board at P.O. Box 11222 San Bernardino, Ca. 92423-1222, e-mailed to firstname.lastname@example.org or
phoned to 909-754-6969
FFMV is a tax-exempt organization under the Section 501 (c) (3) of the Internal Revenue Service.
Our Organization depends largely upon private donations which will cover operational expenses, Our
Annual Family Christmas Memorial Luncheon, and Our Annual Victims’ Rights Week Memorial. We are
seeking a sponsor (s) for our events. Please contact FFMV at the above e-mail or phone if you are
interested. Tax ID #68-0299211 All Contributions Are Tax Deductible
Christmas Candlelight Memorial
Hosted by Families & Friends of Murder Victims
December 8, 2013
A great success again!
We served about 200 guests
FFMV has been VERY blessed to continue to do what we do!
A Special Thank-you to:
* Bishop Barnes from the Diocese of San Bernardino
* Sister Sue Reif-OSF
* Antonio Luevano
*Mary L. Ameduri
*San Bernardino County District Attorney’s Office
Michael Ramos, SBC District Attorney
* Gail Howard, mother of Jordan Howard who survived attempted murder
*Ellie Rossi In Memory of David Charles Nystrom & Lisa Cummings
* Rivera Family in Memory of Adam Rivera
*Don & Pat Nelson in Memory of Joyce Nelson
* Mr. & Mrs. Del Rio, In Memory of Teresa Soto Del Rio
* Robin John & Kemi Price, In Memory of Jacob Jackson
* Scott & Marilynn Smith, In Memory of Jacob Jackson
*The Family of Michele Jeanette Carson
*Norm & Rose Madsen, In Memory of Jennifer LeAnne Balber
* Bertha Flores & Desi Ramos –Centerpieces In Memory of Kris Flores
* Trish Holland – Ornaments, In Memory of Kris Flores
* Juenenne Jackson, mother of Jacob Jackson
*FFMV Executive Board
Rose Madsen, mother of Jennifer LeAnne Balber
Dawn Hall, mother of Joshua Rexford
Rita Marin, aunt of Jennifer LeAnne Balber
Bertha Flores, mother of Kris Flores
* Our Committed Chapter Leaders, and
Volunteers who work together helping Victims become Survivors
Also thank you to Heather, Dylan, and Krissa,,for handling the gift raffle, Linda Rodriguez, the family of Tommy
Pagent,, John Jackson, to our Victim Advocates, Flerida, Marilynn, and Lorraine for taking charge of our food
table, Don our photographer, and to all who brought gifts for our raffle.
Pictures from FFMV’s 9th Christmas Memorial
at the San Bernardino Catholic Diocese
2014 Participant /Photo Release Form for slide show & picture boards
Families & Friends of Murder Victims, INC (FFMV)
Circle one: New Participant ~ Update my information ~ Agency/Non Victim
Date________________ Relationship to Victim_______________________
Victim’s First Name______________________________________________
Victim’s Last Name______________________________________________
Date of Birth _____________ Date of Death__________ Solved: Yes (
) No (
Permission to use photo(s): Yes ( ) No ( ) Just add me to e-mail/mailing list to
receive monthly newsletter and event information
I grant to Families & Friends of Murder Victims, Inc. (FFMV), the right to use
photograph(s) of the above-identified subject. I authorize FFMV to use and
publish the same in print and/or electronically.
I agree that FFMV may use such photographs with or without his/her name and for
any lawful purpose, including for example such purposes as publicity, illustration,
advertising, and Web content.
I have read and understand the above.
Name of Agency/Non-Victim if applicable: ________________________________
Print Full Name _____________________________________________________
City__________________________________ Zip Code____________________
Phone with area code _______________________________________________
Mail or e-mail participant/release form to: email@example.com
FFMV ~ P.O.Box 11222 San Bernardino, CA ~ 92423-1222
I have included a picture (
) Yes (
) No use the one on file
I have included a $_________ a donation for 2014
Thank-you… if you have already sent a donation
FORMA DE PERMISO
2014 Participante / Formulario de Autorización para la presentación de
diapositivas de fotos y fotos juntas
Fecha: _____________ Relación con la víctima: ____________________________________
El Primer nombre de la victima: ____________________________________________
El Apellido de la victima: ________________________________________________
Fecha de nacimiento_________ Fecha de la muerte__________ Solucionado: Si ( ) No ( )
Permiso para usar la foto (s): Si ( ) No ( ) Sólo me agregar a la lista e-mail/mailing para
recibir el boletín mensual, información de eventos
Concedo a las FAMILIAS Y AMIGOS DE VICTIMAS DE HOMICIDIO, INC. (FFMV)
el derecho a usar la fotografía (s) del sujeto identificado anteriormente. Autorizo FFMV a
utilizar y publicar el mismo en forma impresa y / o electrónica.
Estoy de acuerdo en que FFMV podrá utilizar dichas fotografías con o sin su su / nombre y
para cualquier propósito legal, incluyendo, por ejemplo, con fines tales como la publicidad, la
ilustración, el contenido publicitario y web.
He leído y entendido lo anterior.
Nombre en letra imprenta: ________________________________________________
Ciudad: ____________________________ Estado: __________ Codigo postal: ____________
Telefono: (_____) _____-________ Celular: (_____) _______________________
Envíe por correo o e-mail participante / formulario de divulgación para
FFMV ~ PO Box 11222 San Bernardino, CA 92423-1222 ~
He incluido una foto () Sí () No utilizar el que está en el archivo
He incluido una donación de $ _________ para 2014
Thank-you ... si ya ha enviado su donación 2014
Please help with this legislation, to either sponsor or co-sponsor this urgently needed bill. The Darren Russell Bill aims to
make laws ensuring better protection and assistance for Americans abroad. This legislation is urgently needed. Please write to
Congressman Ed Royce (Chair of House Foreign Affairs Committee) and Senator Robert Menendez (Senate Foreign
Relations Committee) asking them to either sponsor or co-sponsor this bill.
Congressman Ed Royce
Senator Robert Menendez
2185 Rayburn House Office Building
528 Senate Hart Office Building
Washington, DC 20515
Washington, DC 20510
Phone: (202) 225-4111
Phone: (202) 224-4744
Senate Foreign Relations Committee
Thanks, Maxine B. Russell - Mother of Darren - firstname.lastname@example.org
On the web: www.russellcase.net (UPDATED)
On Twitter: @killed_in_china
In U.S. Federal Court: Case No. CV-09-06050