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13-1364 - Freitas v. Thomas et al


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13-1364 - Freitas v. Thomas et al
October 28, 2015
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***Partially Vacated and Amended by Order 162 - IT IS ORDERED vacating the Order denying Plaintiff's "Motion to Complete and Clarify the Record . . ." (Doc. 101) as forth in the Court's Order (Doc. 113) issued on October 28, 2015 at page 6, line 13; page 7, line 28; and page 8, lines 1-2. IT IS FURTHER ORDERED amending the Court's October 28, 2015 Order (Doc. 113) to add the following: 1. Plaintiff's "Motion to Complete and Clarify the Record . . ." (Doc. 101) is construed as a request to withdraw the two declarations signed by inmate Kawika Vinano on May 24, 2015, which Plaintiff filed on June 8, 2015 (Doc. 83 at 4-8). 2. The Court grants Plaintiff's "Motion to Complete and Clarify the Record . . ." (Doc. 101) to the extent set forth herein. 3. The two declarations signed by inmate Kawika Vinano on May 24, 2015 (Doc. 83 at 4-8) are withdrawn effective September 15, 2015. ***ORDER denying 83 Plaintiff's "Motion of Witnesses [sic] Declarations and New Evidence". IT IS FURTHER ORDERED deeming Plaintiff's "Motion [to] Notify the Court of Retaliation Done to Inmate Witness by the CCA Legal Team and Ben Griego" (Doc. 91) to be a request for injunctive relief. The Motion is referred to the District Court Judge. IT IS FURTHER ORDERED granting 99 Defendants' "Motion to Strike Character Witness Declaration (Doc. 98)". The Clerk shall strike the Character Witness Declaration (Doc. 98). IT IS FURTHER ORDERED denying 101 Plaintiff's "Motion to Complete and Clarify the Record Regarding the False Declaration of Inmate Kawika Vinano and Plaintiff Still Not Allowed to Borrow the Fed. R. Civ. P. Book" and denying 102 Plaintiff's "Motion [for] Service of Subpoenas". IT IS FURTHER ORDERED that by November 30, 2015, Plaintiff shall show cause as to why the Court should not grant104 Defendant's "Motion for Sanctions Pursuant to Rule 11". Signed by Magistrate Judge Eileen S Willett on 10/27/15.(LSP) Modified on 5/5/2016 (REK).
January 26, 2016
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* ORDER - IT IS ORDERED granting Defendants "Motion to Strike and Remove from the Docket Plaintiff's Second Set of Supplemental Disclosure Statement Plus 304 to 374 Production of Documents" on Defendants. The Clerk of Court is directed to seal Plaintiff's "Second Set of Supplemental Disclosure Statement Plus 304 to 374 Production of Documents" (Doc. 110). The Clerk of Court is further directed to strike Plaintiff's "Second Set of Supplemental Disclosure Statement Plus 304 to 374 Production of Documents" (Doc. 110). IT IS FURTHER ORDERED granting Plaintiff"s "Notice of Service for Permission to Amend Plaintiff's Response to Defendant's Motion for Sanctions [Doc # 116] Affidavit of Kalima Smith" (Doc. 124). IT IS FURTHER ORDERED denying Defendants' "Motion to Strike and Remove from the Docket Plaintiff's Notice of Service for Permission to Amend Plaintiff's Response to Defendants' Motion for Sanctions [Doc 116-1] Affidavit of Kalima Smith" (Doc. 127). (See document for further details). Signed by Magistrate Judge Eileen S Willett on 1/26/16. (LAD) * Modified to add additional text on 1/26/2016 (LAD).
May 6, 2016
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REPORT AND RECOMMENDATION recommending that the Court deny Defendants' 104 MOTION for Sanctions Pursuant to Rule 11. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 5/5/16. (LAD)
May 27, 2016
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ORDER denying 140 "Notice of Service for Permission to Amend Freitas Second Set of Supplemental Disclosure Statement Present to Court Order 137 and LRCiv 5.2 PLUS CERTIFICATE OF SERVICE". FURTHER ORDERED directing the Clerk of Court to seal and strike Plaintiff's Notice 140. FURTHER ORDERED that by 6/16/16, Plaintiff shall comply with LRCiv 5.2 by filing a Notice of Service indicating that on 2/18/16, he served his Amended Second Supplemental Disclosure Statement on Defendants. The Notice of Service shall not attach the Disclosure Statement. FURTHER ORDERED denying 141 "Notice of Service for Permission to File this Motion to Strike...", docketed as a "Motion to Strike." FURTHER ORDERED directing the Clerk of Court to amend the docket to reflect that Plaintiffs Motion to Notify the Court that Plaintiff is Going on a Hunger Strike Hunger Strike as of March 9, 2016 (Doc. 146) is a notice. The Court takes no action on Plaintiffs Notice. FURTHER ORDERED directing the Clerk of Court to remove Plaintiffs Notice 146 from the Court's pending motions calendar. Signed by Magistrate Judge Eileen S Willett on 5/26/16.(MAP)
September 8, 2016
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ORDER: The reference to the Magistrate Judge is withdrawn as to Defendants' Motion for Summary Judgment (Doc. 107), Defendants' Motion for Sanctions Pursuant to Rule 11 (Doc. 104), and Plaintiff's requests for injunctive relief (Doc. 101; Doc. 184; Doc. 186). The Magistrate Judge's Report and Recommendation (Doc. 167) is adopted as the order of this Court; Defendants' Motion for Sanctions Pursuant to Rule 11 (Doc. 104) is denied. Plaintiff's request for injunctive relief contained in Doc. 101 is denied. Plaintiff's request for injunctive relief contained in Doc. 184 and Doc. 186 is denied. Defendants' Motion for Summary Judgment (Doc. 107) is granted and the Clerk of Court must enter judgment accordingly. Signed by Judge Susan R Bolton on 9/08/2016. (REK)