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03-1707 - (PC) Gaston v. Caden, et al


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03-1707 - (PC) Gaston v. Caden, et al
July 18, 2005
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ORDER signed by Judge Craig M. Kellison, 35 MOTION to COMPEL filed by Anthony Gaston will be placed in the court file and DISREGARDED. (Waggoner, D)
August 1, 2005
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ORDER signed by Judge Craig M. Kellison GRANTING 29 MOTION to AMEND/CORRECT complaint filed by Anthony Gaston. Service is appropriate for dfts: Cappell, Arceo, Valdez, Prebula, Haley, Manuel, CDC, CMF, Caden and Aguirre. Clerk shall send pltf 10 USM forms, instructions, summons form and copy of the second amended complaint filed 5/23/05. Pltf shall complete forms and submit to court w/i 30 days from date of this order for service by USM w/o prepayment of costs. Pltf's Motion to Compel filed 7/5/05 is DENIED w/o prejudice. The discovery ddl of 8/19/05 is VACATED. Dfts Caden and Aguirre's Request to Stay discovery is GRANTED. Discovery is STAYED until court is notified that all dfts have been served.(Waggoner, D)
August 30, 2005
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ORDER and ORDER DIRECTING SERVICE BY USM W/OUT PREPAYMENT OF COSTS signed by Judge Craig M. Kellison on 8/29/05 ORDERING the USM to serve process on Edward Caden, Aguirre, Lt. Cappell, Arceo, Valdez, - Prebula, - Haley, Rick Manuel, California Department of Corrections, California Medical Facility. W/in 10 days from the date of this order USM is directed to notify the named defendants of the commencement of this action. The USM shall follow the instructions for service in accordance with this order. All parties shall comply with this order, failure to comply may result in sanctions, dismissal of this action or entry of default. The Clerk is directed to send a copy of the Local Rules to the plaintiff. (cc: USM Sacramento). (Sherman, T) Modified on 9/1/2005 (Sherman, T).
February 6, 2006
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ORDER granting defendants' 46 EX PARTE Application signed by Judge Craig M. Kellison on 2/6/06. Defendants shall file a Response to Second Amended Complaint by 3/17/06.(Marciel, M)
February 7, 2006
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ORDER to SHOW CAUSE signed by Judge Craig M. Kellison on 2/6/06 ORDERING that the plaintiff shall show cause, in writing, w/in 20 days of the date of service of this order why defendants Cappell, Arceo, Valdez, CDC and CMF should not be dismissed. (Donati, J)
March 23, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 3/22/06 recommending that plaintiff's request, entitled "Notice and Motion for Full Federal Investigation on the Deliberate Destruction and/or Confusion of all Plaintiff's Legal Material in This Matter," be denied; plaintiff's request, entitled "Motion for Default Judgment," be denied; plaintiff's request, entitled "Plaintiff Motion to Obtain Court Order to Obtain Possession and Access to Typewriter During Litigation of the Above-Entitled Matter," be denied; defendants "CDC" and "CMF" be dismissed as immune under the Eleventh Amendment; defendants Cappell, Arceo, and Valdez be dismissed pursuant to the FRCP 4(m); and defendants Caden, Aguirre, Haley, Manuelm and Prebula be directed to file a response to the second amended complaint within 30 days of the date these findings and recommendations are addressed by the district judge assigned to this case.(Caspar, M)
March 23, 2006
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ORDER signed by Judge Craig M. Kellison on 3/22/06 ORDERING that to the extent they have not already passed, all case management deadlines and dates set forth in the court's 4/26/05, order are VACATED; and the jury trial currently set for 4/25/06, before the Honorable Lawrence K. Karlton, in Sacramento, CA, is VACATED. (Caspar, M)
July 7, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 7/6/06 ORDERING that the 3/23/06 58 findings and recommendations are ADOPTED in full; plaintiff's request, entitled "notice and motion for full federal investigation on the deliberate and/or confiscation of all plaintiff's legal material in this matter," is DENIED; plaintiff's request, entitled "motion for default judgment," is DENIED; plaintiff's request, entitled "plaintiff motion for to obtain court order to obtain possession and access to a typewriter during litigation of the abov-entitled matter," is DENIED; defendants "CDC" and CMF are DISMISSED as immune under the Eleventh Amendment; defendants Cappell, Arceo, and Valdez are DISMISSED pursuant to FRCP 4(m); and defendants Caden, Aguirre, Haley, Manuel, and Prebula are directed to file a response to the second amended complaint within 30 days of the date of service of this order.(Caspar, M)
August 18, 2006
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ORDER signed by Judge Craig M. Kellison on 8/17/06 ORDERING that: dfts'70 REQUEST for an extension of time is GRANTED nunc pro tunc to 8/7/06; and dfts shall file a response to pltf's second amended complaint by 9/5/06.(Brown, T)
September 7, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 9/6/06 recommending that pltf's 63&64 Requests for default judgment be Denied. Parties may file written objections w/in 10 days.(Brown, T)
September 28, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 77 signed by Judge Lawrence K. Karlton on 09/27/06 ORDERING that plt's request for default judgment 63 64 are DENIED. (Duong, D)
January 19, 2007
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ORDER signed by Judge Craig M. Kellison on 1/18/07 ORDERING that: pltf's status report shall be filed and served w/in 30 days from the date of service of this order; dfts' status report shall be filed w/in 30 days after service of pltf's status report; and the Clerk is DIRECTED to mail to all parties the form "Consent to Proceed Before United States Magistrate Judge," together with this instant order. (Brown, T)
February 14, 2007
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ORDER signed by Judge Craig M. Kellison on 2/13/07 ORDERING that pltf's 1/19/07 86 Motion to Appoint Counsel is DENIED. (Brown, T)
July 27, 2007
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STIPULATION and ORDER re 94 signed by Judge Craig M. Kellison on 7/26/07 ORDERING that within 30 days of the court's approval of the stipulated protective order, the CDCR will release the CDC 128B dated 7/31/00 for inspection only. Gaston may take notes during the inspection, but may not obtain a copy of the document. Nothing in this protective order is intended to prevent officials or employees of the State of CA, or other authorized gov't officials, from having access to confidential material to which they would have access in the normal course of their official duties.(Kastilahn, A)
September 17, 2007
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ORDER signed by Judge Craig M. Kellison on 09/17/07 GRANTING in part and DENYING in part 93 Motion to Compel. Defendent Haley has 20 days to serve supplemental response, defendant Prebula has 20 days to serve supplemental responses. (Dillon, M)
September 27, 2007
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ORDER signed by Judge Craig M. Kellison on 09/26/07 GRANTING 105 Request filed by Anthony Gaston. Plaintiff may file response to motion by 11/20/07. Due dates for pre-trial statements and trial date are vacated. (Dillon, M)
November 19, 2007
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ORDER signed by Judge Lawrence K. Karlton on 11/16/07. Plaintiff's 108 Motion for Reconsideration is DENIED and the Magistrate Judge's 106 Order is AFFIRMED. (Marciel, M)
December 3, 2007
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ORDER signed by Judge Craig M. Kellison on 11/30/2007 GRANTING 112 Pltf's Motion for an extension of time. Pltf may file a response to dfts' 97 Motion for Summary Judgment within 30 days of the date of this order; and within 30 days of the date of this order, dfts shall file a response to pltf's 113 request for a protective order. (Reader, L)
December 13, 2007
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ORDER signed by Judge Craig M. Kellison on 12/13/07 ORDERING that plaintiff's motion for an extension of time 116 is GRANTED. Plaintiff may file a response to defendants' motion for summary judgment 97within 30 days of the date of this order. Plaintiffs motion for a protective order 113 is DENIED as moot. (Duong, D)
January 14, 2008
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ORDER signed by Judge Craig M. Kellison on 1/11/08 ORDERING that dfts are GRANTED a 20 ext of time to file a reply in support of their motion for summary judgment. Dfts' reply shall be DUE on or before 1/28/08. (Kastilahn, A)
January 15, 2008
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ORDER signed by Judge Craig M. Kellison on 01/14/08 ORDERING that the defendants shall attach to their reply brief a copy of the transcript of plaintiff's deposition. (Becknal, R)
January 31, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/30/08 ORDERING that dfts' are GRANTED a 30 day ext of time to file a reply in support of their motion for summary judgment. Dfts' reply is DUE on or before 2/27/08. No further exts will be granted. (Kastilahn, A) Modified on 2/1/2008 (Kastilahn, A).
February 13, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/12/08 re 125 ORDERING that defendants' reply brief remains due by February 27, 2008. (Duong, D)
March 6, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 3/5/08 RECOMMENDING that dfts' motion for summary judgment (docs. 97,98,99,100,101,102, and 103) be granted. Dfts' 127 motion to strike pltf's cross-motion for summary judgment be granted. Pltf's 12/26/07, filing be considered only to the extent it is an opposition to dfts' motion. Dft's request for judicial notice (doc. 134) be denied; and the Clerk be directed to enter judgment and close this file. Motions 97 and 127 referred to Judge Karlton. Any objections to F&R DUE within 10 days after being served with findings. (Kastilahn, A)
March 17, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/14/08: The motion for reconsideration is denied 108.The magistrate judge's September 17, 2007, order is affirmed 106. (Kaminski, H)
March 31, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 03/28/08 re 135 Findings and Recommendations; 97 Motion for Summary Judgment is GRANTED; 127 Motion to Strike is GRANTED; 134 request for judicial notice is DENIED; CASE CLOSED. (Manzer, C)