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02-2202 - (PC) Evans v. Alameida, et al


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02-2202 - (PC) Evans v. Alameida, et al
April 18, 2005
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ORDER signed by Judge Kimberly J. Mueller on 4/15/2005, granting dfts a nunc pro tunc extension of time, to and including 4/12/05, to complete and serve responses to pltf's second set of requests to produce documents.(Waggoner, D)
May 18, 2005
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ORDER signed by Judge Kimberly J. Mueller on 5/17/05 ORDERING that the Request to Extend the date for filing of dispositive pretrial Motions 73 74 is GRANTED. The date for filing dispositive motions is extended to 6/14/05.(Mena-Sanchez, L)
June 16, 2005
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ORDER signed by Judge Kimberly J. Mueller on 6/15/05 ORDERING that the Defendant's 76 Request to extend the filing date for dispositive motions is GRANTED and extended to 6/28/05. (Sherman, T)
June 17, 2005
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ORDER signed by Judge Kimberly J. Mueller on 6/16/05 ORDERING that the plaintiff's 54 Motion to Appoint Counsel is DENIED.(Sherman, T)
June 30, 2005
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ORDER signed by Judge Kimberly J. Mueller on 6/29/05 GRANTING Motion for Permission to File Video Recording 80. The Clerk is directed to ACCEPT for filing a video recording of 6/10/01, as an exhibit to Dfts' Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment. (Sherman, T) Modified on 7/5/2005 (Krueger, M).
August 8, 2005
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ORDER signed by Judge Kimberly J. Mueller GRANTING 90 MOTION to submit a video as an exhibit to his opposition to the motion for summary judgment filed by Damon D Evans. Pltf's opposition with all exhibits should be filed no later than 30 days from date of this order. Pretrial statement, pretrial conference and jury trial dates are hereby VACATED. (Waggoner, D)
March 10, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 3/9/06 recommending that this action be dismissed as to Dft Colon. The Motion for Summary Judgment 84 be granted in full as to dfts Alameida, Campbell, Carpenter, Celis, Martin, Prater and Runnels. The Motion for Summary Judgment be granted in part as to the dft Aguinaldo as to the deprivation of meal claim; and all dfts as to the deprivation of medical supplies claim. Summary Judgment Motion be denied in part as to dfts Aguinaldo, Cooper, Hestand, Ingwerson, Corr and Welch as to the excessive force claim; and dfts Lynn and Van Leer as to the failure to adequately supervise claim. Motion referred to Judge Burrell. (Kastilahn, A)
April 13, 2006
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ORDER signed by Judge Kimberly J. Mueller on 4/12/06 GRANTING 99 Request for Extension of Time. The Defendents are GRANTED a second extension of time, to and including ten court days from the date of this order to file their objections.(Donati, J)
May 2, 2006
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ORDER signed by Judge Kimberly J. Mueller on 5/1/06 ORDERING that plaintiff's 4/3/06 98 motion for the appointment of counsel is DENIED.(Caspar, M)
May 11, 2006
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ORDER signed by Judge Kimberly J. Mueller on 5/11/06 GRANTING dfts' 102 Request for leave to file late objections to the F/R and the court will accept and consider the objections. (Yin, K)
June 26, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell Jr. on 6/26/06 ORDERING The F/R's filed 3/10/06 94 are ADOPTED in FULL. This action is DISMISSED as to dft Colon. The Motion for Summary Judgment 84 is GRANTED in FULL as to dfts Alameida, Campbell, Carpenter, Celis, Martin, Prater and Runnels. Summary Judgment is GRANTED in PART as to dft Aguinaldo as to the deprivation of meal claim; and all dfts as to the deprivation of medical supplies claim. Summary Judgment is DENIED in PART as to dfts Aguinaldo, Cooper, Hestand, Ingwerson, Corr and Welch as to the excessive force claim; and dfts Lynn and Van Leer as to the failure to adequately supervise claim. (Girgis, C)
November 6, 2006
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ORDER signed by Judge Kimberly J. Mueller on 11/3/06 ORDERING that 107 the MOTION to APPOINT COUNSEL filed by Damon D Evans is DENIED. Pltf's pretrial statement and any motions necessary to obtained the attendance of witness at trial is DUE on or before 11/27/2006. Dfts' pretrial statement is DUE on or before 12/11/06. The Pretrial conference is SET for 12/15/06 before Judge Mueller. The Trial Confirmation Hearing is SET for 3/2/2007 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. The Jury Trial is SET for 4/10/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kastilahn, A)
December 13, 2006
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ORDER re 115 dfts' request for extension of time to file dfts' pretrial statement signed by Judge Kimberly J. Mueller on 12/12/06. Dfts are GRANTED an ext of time, to and including 12/26/06, to complete and file their pretrial statement. Pretrial conference will be held on the file only on 1/16/07. (Kastilahn, A)
December 18, 2006
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ORDER CONTINUING TRIAL DATE signed by Judge Kimberly J. Mueller on 12/15/06: Trial is SET for 5/30/2007 at 09:00 AM and Trial Confirmation SET for 4/20/2007 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Manzer, C)
July 26, 2007
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Kimberly J. Mueller on 7/25/07 Commanding Warden Robert Horel, Pelican Bay State Prison, to produce the inmate to testify by video-Conference on 8/17/07 at 1:30 p.m.(Mena-Sanchez, L) Modified on 7/26/2007 (Mena-Sanchez, L).
August 16, 2007
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AMENDED ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Kimberly J. Mueller on 8/16/07 ORDERING Warden Robert Horel to produce Damon D. Evans K-99978 for a video-conferencing hearing at Pelican Bay State Prison on 8/17/2007 at 01:00 PM before Judge Garland E. Burrell Jr., Courtroom 10. (cc: faxed copy of writ of PBSP) (Carlos, K) Modified on 8/16/2007 (Carlos, K).
August 31, 2007
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ORDER signed by Judge Kimberly J. Mueller on 8/31/2007 ORDERING the Civil Rights Clinic shall inform the court of its decision at its earliest convenience. The Clerk of Court is directed to serve a copy of this order on the Civil Rights Clinic. (Waggoner, D)
September 25, 2007
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ORDER signed by Judge Kimberly J. Mueller on 9/24/07 ORDERING Status Conference and trial setting set for 10/3/2007 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. Clerk is directed to serve a copy of this order on the Civil Rights Clinic at the University of Davis. (Carlos, K) Modified on 9/25/2007 (Carlos, K).
September 27, 2007
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ORDER signed by Judge Kimberly J. Mueller on 9/26/07 ORDERING that the King Hall Civil Rights Clinic is appointed as attorney for Plaintiff pursuant to General Order No. 230. The Clerk is directed to send counsel a copy of the file in this matter; and counsel shall submit all deposition transcripts cost for payment pursuant to section 8030.6 of the California Business and Professions Code. All other completed costs shall be handled as described in General Order 230. This Case is set for Status Conference on 10/3/2007 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. (Mena-Sanchez, L)
October 4, 2007
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ORDER signed by Judge Kimberly J. Mueller on 10/3/07. The matter is set for argument on 10/24/2007 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. Motions in limine, if any, jury instructions and trial briefs are due by 11/19/07, with argument on the motions in limine, if necessary, at 9:00 a.m. on the first day of trial. (Mena-Sanchez, L)
October 5, 2007
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ORDER and WRIT ISSUED signed by Judge Kimberly J. Mueller on 10/05/07 ORDERING that a writ of habeas corpus ad testificandum is ISSUED, commanding the Warden to produce the inmate Damon D. Evans on 11/26/07 at 9:00 am in Courtroom 26 before Magistrate Judge Kimberly J. Mueller. The custodian is ORDERED to notify the court of any change in custody of this inmate and is ORDERED to provide the new custodian with a copy of this writ. Clerk to fax copy of writ to Pelican Bay. (cc USM Priority, Out to Court Desk) (Benson, A).
October 25, 2007
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ORDER signed by Judge Kimberly J. Mueller on 10/24/07 ORDERING that Defendant shall provide to Plaintiff no later than 10/31/07 Plaintiff's C-file and medical file. Plaintiff may disclose an expert regarding excessive force no later than 11/14/2007. Defendant may disclose a rebuttal expert no later than 12/19/07. Expert depositions shall be completed no later than 1/31/08. Pretrial Conference is SET for 2/13/2008 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. The Trial date of 11/26/07 is VACATED. Trial of this matter is RESET for 3/3/2008. The writ of habeas corpus ad testifandum filed 10/5/07 is VACATED. A new writ shall issue for plaintiff's appearance for trial on 3/3/08. The Clerk is directed to serve a copy of this order on the Warden, Robert Horel, Pelican Bay State Prison, 5905 Lake Earl Drive, P.O. Box 7000, Crescent City, California, 95331-7000.(Mena-Sanchez, L)
October 26, 2007
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ORDER signed by Judge Kimberly J. Mueller on 10/25/2007 GRANTING 143 Ex Parte Request for authority to incur costs and request for payment. (Matson, R)
February 8, 2008
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ORDER AND WRIT ISSUED signed by Magistrate Judge Kimberly J. Mueller on 2/8/08 ORDERING issuance of writ of habeas corpus ad testificandum; Custodian to produce Damon D. Evans at 9:00 AM on 3/3/08 in Courtroom 26 before Magistrate Judge Kimberly J. Mueller; Custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. Clerk shall serve a copy of order and writ on the Out-to-Court Desk. (cc: 3 cert copies Out-to-Court Desk, 1 certified copy to warden, copy to USM) (Carlos, K) Modified on 2/11/2008 (Carlos, K). Modified on 2/11/2008 (Carlos, K).
February 20, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/20/08 ORDERING Trial is confirmed for 3/3/08 at at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. Parties shall file proposed voir dire and jury instructions, trial briefs, and any motions in limine by close of business on 2/25/08. Any opposition to the motions in limine shall be filed by close of business on February 28, 2008. Argument on the motions will be heard on March 3 at 10:00 AM. (Engbretson, K.)