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04-1183 - (PC) Chappell v. Pliler, et al


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04-1183 - (PC) Chappell v. Pliler, et al
January 5, 2006
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ORDER signed by Judge Dale A. Drozd on 1/5/06 ORDERING that plt's application to proceed IFP is GRANTED. Plt is obligated to pay the statutory filing of $150 for this action. Plt is assessed an initial filing fee of $10.61. Service is appropriate for the following dfts: C. K. Pliler, T. Rosario, S. Stitles, T. Goughnour, and S. Vance. Clerk shall send plt five USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed 6/21/04. Plt to submit all necessary documents within 30 days from the date of this order. (Duong, D) Modified on 1/5/2006 (Duong, D).
February 2, 2006
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ORDER DIRECTING USM to serve process on C. K. Pliler, T Rosario, S Stiles, Thomas P. Goughnour, and S Vance; the Clerk is directed to forward the appropriate paperwork to the USM; the Clerk shall serve upon the pltf a copy of the Local Rules; signed by Judge Dale A. Drozd on 02/02/06. (Kirkpatrick, S)
April 25, 2006
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ion to Dismiss. (Brown, T)ORDER signed by Judge Dale A. Drozd on 4/25/06 ORDERING that: pltf's 4/20/06 13 Motion for an Extension of time is GRANTED. Pltf is GRANTED 30 days from the date of this order in which to file and serve his opposition to dfts' 4/3/06 Mot
December 21, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Dale A. Drozd on 12/20/06 recommending that dfts' motion to dismiss 12 be denied. Dfts be directed to file an answer within the time provided by FRCP 12(a)(4)(A). Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
January 18, 2007
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ORDER signed by Judge Dale A. Drozd on 1/17/2007 GRANTING 19 Request; Dfts have to and including 1/23/2007 to file objections to the F&R's issued 12/21/2006. (Matson, R)
January 26, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 18 signed by Judge Lawrence K. Karlton on 1/26/07 ORDERING that dfts' motion to dismiss 12 is DENIED. Dfts are directed to file an answer to plt's complaint within the time provided by FRCP.(Duong, D)
August 2, 2007
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ORDER signed by Judge Dale A. Drozd on 8/1/07 ORDERING that plaintiff's status report shall be filed within 30 days and defendants' due 30 days thereafter. Clerk to send the parties a consent form.(Anderson, J)
February 21, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 02/20/08 ORDERING that the 30 Request for a court order is DENIED and the 31 Request for an extension of time is GRANTED; pltf's status report is due within 30 days. (Manzer, C)
April 3, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/3/08 ORDERING that pltf's 3/24/08 request for an ext of time is DENIED as unnecessary; and pltf's 3/26/08 pretrial statement is DISREGARDED as premature. (Kastilahn, A)
April 18, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/18/08 GRANTING 38 Request for extension of time. Plaintiff is GRANTED 30 days from the date of this order in which to file a status report. (Donati, J)
June 6, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/06/08 RECOMMENDING that this action be dismissed without prejudice. Objections due within 20 days. (Manzer, C)
July 3, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/3/2008 ORDERING 25 the corut's Finding and Recommendation are VACATED; and the case proceed in accordance with the court's Discovery Order, 41. (Reader, L)
December 31, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/30/08 ordering that defendants are granted 30 days, to and including 01/25/09 to file their motion for summary judgment. (Plummer, M)
March 4, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/3/09 ORDERING that plaintiff's February 23, 2009 49 request for an extension of time is GRANTED. Plaintiff is granted thirty days from the date of this order in which to file and serve an opposition to defendants' January 26, 2009 motion for summary judgment. Any reply shall be filed and served in accordance with Local Rule 78-230 (m).(Duong, D)
March 25, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/25/09 ORDERING that the courts 7/9/08 scheduling order dates related to 3/27/09 and 4/3/09 pretrial statements, the 4/10/09 pretrial conference, and the 7/7/09 jury trial are VACATED; and except as stated in this order, the remainder of the courts scheduling order remains in effect.(Dillon, M)
June 11, 2009
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[VACATED PURSUANT TO 102 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/10/09 recommending that defendants' 01/26/09 motion for summary judgment 47 be granted in part and denied in part as follows: Defendants' motion for summary judgment on plaintiff's Eighth Amendment claims be denied; Defendants' motion for summary judgment on plaintiff's First Amendment denial of access to courts claims be granted; Defendants' motion for summary judgment with respect to the affirmative defense of qualified immunity be denied; Plaintiff's Fourteenth Amendment equal protection and due process claims, his state law claims brought under California Penal Code section 825 and California Code of Regulations Title 15, section 3175 (a)-(c) and plaintiff's Eighth Amendment claim challenging the banning of tobacco from CSP-Sacramento be dismissed for failure to state a cognizable claim; and the case proceed solely on plaintiff's Eighth Amendment claims regarding denial of outdoor exercise, personal hygiene items and adequate food. MOTION for SUMMARY JUDGMENT [47 referred to Judge Lawrence K. Karlton; Objections due within 20 days. (Plummer, M) Modified on 1/24/2017 (Yin, K).
September 4, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 9/4/09: This action is STAYED pending the Court of Appeals' resolution of the motion for rehearing en banc in Norwood v. Vance. The defendants SHALL notify the court within twenty days of the resolution of that motion. (Kaminski, H)
September 20, 2012
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 09/19/12 ORDERING plaintiff's motion to reinstate the case, motion for recusal and motion for sanctions 60 is denied in part. Plaintiff's motion for recusal is denied. Defendants shall file a response to plaintiff's motion for sanctions 60 and show cause why sanctions should not be imposed within 14 days of the date of this order. Also, RECOMMENDING that plaintiff's motion to return the case to the active calendar 59 be granted and the stay issued 09/04/09 be lifted; and plaintiff's motion to reinstate the case to active calendar 60, 61 be denied as duplicative. Motions 59, 60, 61 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
November 7, 2012
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/06/12 ordering defendants' motion to respond to the court's 09/20/12 order beyond time 65 is granted and plaintiff's response to the 09/20/12 order to show cause is deemed timely. Plaintiff's 10/19/12 motion for appointment of counsel 68 is denied. Also, RECOMMENDING that plaintiff's motions for sanctions 60 and 67 be denied. Motions 60 and 67 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
December 17, 2012
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ORDER signed by Judge Lawrence K. Karlton on 12/17/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/20/12 63 are ADOPTED in full; Plaintiff's MOTION to Reinstate the case to the active calendar 59 is GRANTED; and the Stay issued 9/4/09 is LIFTED; And Plaintiff's MOTIONS to reinstate the case to the active calendar 60 and 61 are DENIED as duplicative.(Mena-Sanchez, L)
February 13, 2013
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ORDER signed by Judge Lawrence K. Karlton on 2/12/2013 ORDERING that the 70 findings and recommendations are ADOPTED in full. Plaintiff's 60, 67 motions for sanctions are denied. (Zignago, K.)
August 21, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/20/15 ordering that within 45 days of the date of this order, the parties shall file supplemental briefs addressing the application of the decision in Norwood to this case and their positions with respect to defendants' motion for summary judgment generally. (Plummer, M)
September 28, 2015
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ORDER denying 80 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 09/25/15. (Plummer, M)
April 25, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/22/16 ORDERING that within 14 days of the date of this order, plaintiff shall file an opposition, if any, to defendants motion for summary judgment. (Dillon, M)
January 24, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/23/2017 VACATING the 6/11/2009 findings and recommendations 55 ; and RECOMMENDING defendants' 88 motion for summary judgment be granted in part and denied in part. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (See F&R for Details) (Yin, K)
March 1, 2017
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ORDER ADOPTING 102 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 02/28/17 ORDERING that defendants' 88 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows: Defendants' motion for summary judgement on Plaintiff's Eighth Amendment claims regarding the denial of outdoor exercise and adequate food is DENIED; Defendants' motion for summary judgment on Plaintiff's Eighth Amendment claim for denial of personal hygiene items and First Amendment claims is GRANTED; Defendants' motion for summary judgment with respect to the defense of qualified immunity is DENIED; Plaintiff's Fourteenth Amendment equal protection and due process claims, his state law claims and his Eighth Amendment claim challenging the banning of tobacco from CSP-Sacramento are DISMISSED for failure to state a cognizable claim. The case shall proceed solely on Plaintiff's Eighth Amendment claims regarding denial of outdoor exercise and adequate food. (Benson, A)
May 24, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 5/24/17 granting 105 Motion for Extension of time. The court's 4/14/17 scheduling order is amended. By 08/14/17, plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. By 08/28/17, defendants shall file their pretrial statement. (Plummer, M)
August 14, 2017
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 8/11/2017 EXTENDING plaintiff's deadline to file his pretrial statement to 10/13/2017. Defendants' pretrial statement is due on or before 10/27/2017.(Yin, K)
October 16, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 10/13/17: Settlement Conference set for 1/18/2018 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)
October 30, 2017
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/30/2017 and agreed between the parties to EXTEND the deadline for defendants Pliler, Rosario, Stiles, Goughnour and Vance to file their pretrial statement and an opposition to the attendance of incarcerated witnesses for trial to 11/10/2017. (Yin, K)
November 14, 2017
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/13/17 ORDERING that the deadline for defendants Pliler, Rosario, Stiles, Goughnour and Vance to file their pretrial statement and an opposition to the attendance of incarcerated witnesses for trial shall be extended to 11/17/17. (Plummer, M)
November 29, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 11/28/2017 GRANTING 112 Motion for Attendance of Incarcerated Witnesses at Trial. At the appropriate time, the court will issue separate writs of habeas corpus ad testificandum. (York, M)
February 7, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 ORDERING, within 30 days, the parties shall file with the court a joint statement of undisputed facts and disputed factual issues.(Yin, K)