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04-1254 - (PC) Brook v. Carey, et al


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04-1254 - (PC) Brook v. Carey, et al
May 9, 2005
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ORDER signed by Judge Gregory G. Hollows on 05/09/05: Dfts' responsive pleadng is due 05/30/05 42.(Warren, P)
June 30, 2005
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ORDER signed by Judge Gregory G. Hollows on 6/30/05 ORDERING Pltf's ThirdMotion to Appoint Counsel 44 DENIED. (Krueger, M)
August 16, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 08/15/05 ORDERING the order 45 of the magistrate judge filed on 6/30/05 is AFFIRMED. (Carlos, K)
October 5, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/5/05. Plaintiff's 48 Motion for Leave to file Second Amended Complaint is GRANTED and matter now continues on Complaint filed 7/20/05. Defendants are GRANTED 30 days to file Amended Answer, Motion to Dismiss, or inform Court of intent to stand on original Answer. Defendants' 51 Motion for Protective Order is DENIED, but Request for 45-day Extension of Time is GRANTED. (Marciel, M)
November 9, 2005
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ORDER 56 granting Request for Extension of Time signed by Judge Gregory G. Hollows on 11/8/05. The time for filing defendants' Motion to Dismiss extended to and including 12/4/05. NO FURTHER EXTENSION OF TIME WILL BE GRANTED.(Marciel, M)
November 30, 2005
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ORDER signed by Judge Gregory G. Hollows on 11/30/05 granting 58 Dfts' application for an extension of time nunc pro tunc to respond to pla's second request for production of docs. Dfts must serve their responses and production to these requests within 10 days. (Dotson, B)
February 28, 2006
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ORDER GRANTING 68 Respondent's REQUEST for EXTENSION of TIME to file response to 50 Plaintiff's Request for Interrogatories and Production of Documents signed by Judge Gregory G. Hollows on 2/28/06. Respondent is granting up to and including 4/3/06 to respond to pla's request for interrogatories and production of docs.(Dotson, B)
July 12, 2006
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 7/12/06 ORDERING that pltf's 50 motion to compel further response and production is GRANTED in part and DENIED in part; pltf's motion to compel second set of requests is DENIED as moot; pltf's motion to compel further verification of document authenticity by dfts is DENIED; pltf's 71 motion for protective order is DENIED as mooot; pltf's 72 motion for appointment of counsel is DENIED; and RECOMMENDING that dfts' 62 motin to dismiss be granted in part and dismissed in part; pltf's claims pursuant to Cal. Civ. Code 52.1 be dismissed; this matter proceed only as to pltf's claims against dfts under the First and Eighth Amendments, and any supplemental state law negligence claim. Motions terminated: 50, 71, 72. Motion referred to Judge Burrell. Objections to F/R due w/in 20 days. (See Order for further details). (Yin, K)
August 15, 2006
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ORDER signed by Magistrate Judge Gregory G. Hollows on 8/15/06. Defendants' 75 REQUEST for Extension of Time is GRANTED and they shall submit Response to plaintiff's Request for Production of Documents no later than 8/23/06. (Marciel, M)
September 12, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 9/11/06 ORDERING that the FINDINGS and RECOMMENDATIONS filed 7/12/06 73 are ADOPTED in full. Defendants' 12/5/05 MOTION to dismiss 62 is GRANTED in part and DISMISSED in part. GRANTED as to Plaintiff's claims of fraud and conspiracy and these claims are dismissed as to all defendants. GRANTED as to Plaintiff's claims pursuant to 42 USC 1985, and these claims are DISMISSED. GRANTED as to defendant Carey, in his individual capacity only, for money damages, and this claim is DISMISSED. And DENIED as to defendant Carey, in his official capacity, and this matter proceed as to this defendant on a claim for relief in the form of prospective injunctive relief only; Plaintiff's claims pursuant to Cal Civ Code 52.1 are DISMISSED. And This matter proceeds only as to Plaintiff's claims against defendants under the First and Eight Amendments, and any supplemental state law negligence claim. (Mena-Sanchez, L)
March 23, 2007
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ORDER signed by Judge Gregory G. Hollows on 03/23/07 ORDERING that 79 Motion for Sanctions is DENIED without prejudice. (Manzer, C)
April 18, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/18/07 VACATING the pretrial conference and jury trial dates. The parties are relieved from filing pretrial statements at this time. (Donati, J)
July 13, 2007
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 07/13/07 ORDERING that plt's motion for sanctions 79 is DENIED without prejudice. IT IS RECOMMENDED that dft's motion for summary judgment, be granted in part and denied in part and Motion referred to Judge Garland E. Burrell. Objections due within 20 days after being served with these findings and recommendations. Any reply to the objections shall be served and filed within ten days after service of the objections. (Duong, D)
August 30, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 8/30/07 ADOPTING 102 FINDINGS and RECOMMENDATIONS in full; dfts' 86 Motion for Summary Judgment is GRANTED in part and DENIED in part; this matter to proceed against dfts Carey and Traquina (in their official capacities only), and against dft McIntyre on pltf's Eighth Amendment claims re his dental care, and against dft McIntyre on pltf's supplemental state law negligence claims. (Yin, K)
September 25, 2007
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ORDER signed by Judge Gregory G. Hollows on 09/25/07 DENYING 106 Motion to Appoint Counsel. (Benson, A)
December 5, 2007
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ORDER signed by Judge Gregory G. Hollows on 12/5/07 ORDERING that pltf's 11/9/07 motion for leave to file a supplemental complaint is DENIED. The pretrial conf is RE-SET for 1/24/08, pltf's pretrial statement to be FILED BY 1/3/08; dfts' pretrial statement is DUE BY 1/17/08. The trial conf hearing and jury trial remain as set in the 9/7/07 Further Scheduling Order.(Kastilahn, A)
December 27, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 12/27/07 ORDERING the order of the magistrate judge 110 is AFFIRMED. (Carlos, K)
January 25, 2008
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ORDER&WRIT OF HABEAS CORPUS AD TESTIFICANDUM VIA VIDEO- CONFERENCING signed by Magistrate Judge Gregory G. Hollows on 1/25/08: The Warden to produce the inmate named above to testify by video-conferencing before the United States District Court.(cc: Warden) (Kaminski, H).
February 22, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 2/22/08 ORDERING that plaintiff is granted to call the follwing incarcerated witnesses at trial Theodore Willis, CDC # C-26846; Charles Jennings, CDC # C-01249; Wendell Bigelow, CDC # T-66059, and will deem this Order to be a Supplement to the Pretrial Order. As to whether writs shall issue for these witnesses to appear at the trial in person or by way of video-conferencing, plaintiff must address his request for inperson appearance of the inmate witnesses to the district judge at the trial confirmation hearing. (Anderson, J)
April 22, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/22/08. The prior Trial Date before Judge Burrell has been VACATED and the Trial date has been RE-SET for.6/16/2008 at 09:00 AM in Courtroom 24 (GGH). Motions In Limine must be filed 2 weeks before Trial with any Response due on 1 week prior to Trial. Proposed Jury Instructions must be filed 1 week prior to Trial. Defendants' 128 Motion to Strike plaintiff's 126 Motion for Partial Summary Judgment as untimely is GRANTED and plaintiff's belated Motion is STRICKEN. Plaintiff's 125 Request for new Scheduling Order and 129 Request for Extension of Time are DENIED. (Marciel, M)
May 7, 2008
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ORDER AND WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 5/7/08 ORDERING issuance of writ of habeas corpus ad testificandum; Custodian to produce Wendell Bigelow at 9:00 a.m. on June 16, 2008 before Judge Gregory G. Hollows; 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 this order and writ on the Out-to-Court desk, CA State Prison. (cc: USM Priority)(Dillon, M)
May 7, 2008
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ORDER and WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 5/7/08 ORDERING issuance of writ of habeas corpus ad testificandum; Custodian to produce Ronald Dwane Brook at 9:00 AM on 6/16/08 in courtroom 24; 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 this order and writ on the Out-to-Court desk, CA State Prison. (cc: USM Priority) (Engbretson, K.)
May 7, 2008
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ORDER and WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 5/7/08 ORDERING the Warden D.K. Sisto to produce inmate Charles Jennings C-01249 to testify before the US District Court by video conferencing before Magistrate Judge Gregory G. Hollows at 9:00 AM on 6/16/08. (cc: USM Priority, 3 certified copies to Warden) (Carlos, K) Modified on 5/7/2008 (Carlos, K). Modified on 5/8/2008 (Carlos, K).
May 7, 2008
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ORDER AND WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 05/07/08 ORDERING issuance of a writ of habeas corpus ad testificandum; Warden D.K. Sisto to produce David Elmore at 06/16/08 at 9:00am by video conferencing; Custodian is ordered to notify the court of any change in custody with a copy of this writ. (Plummer, M)
May 7, 2008
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ORDER and WRIT ISSUED signed by Magistrate Judge Gregory G. Hollows on 5/7/08 ORDERING the Warden D.K. Sisto to produce inmate David Wayne Johnson C-61865 to testify before the US District Court by video conferencing before Magistrate Judge Gregory G. Hollows at 9:00 AM on 6/16/08. (cc: USM Priority, 3 certified copies to Warden) (Carlos, K) Modified on 5/7/2008 (Carlos, K).(Carlos, K) Modified on 5/8/2008 (Carlos, K).
May 15, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/15/08: Defendant warden is directed to show cause, by no later than May 22, 2008, why the inmate witnesses may not appear via video-conferencing as set forth in the writs of habeas corpus testificandum, filed on May 7, 2008, and must show cause why sanctions should not be imposed for the inconvenience of any continuance of this trial which may result based on the unavailability of the video-conferencing facilities. (Kaminski, H)
May 22, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/22/08 ORDERING pltf's motions filed on 5/13/08 142, 144 are DENIED at this time; pltf's motion filed on 5/13/08 143 for a court order directing CSP-Solano prison officials to allow pltf pretrial meetings with his inmate witnesses is DENIED.(Carlos, K) Modified on 5/22/2008 (Carlos, K).
May 23, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/23/2008 ORDERING 146 Defendant warden of CSP-Solano now indicates that pltf's inmate witnesses will be able to appear at the jury trial as scheduled in this matter by use of the medical department's video-conferencing equipment. By his prompt response, filed on May 19, 2008, defendant warden has DISCHARGED the show cause order, filed on May 15, 2008. (Reader, L)
June 26, 2008
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ORDER DISMISSING CASE signed by Magistrate Judge Gregory G. Hollows on 06/26/08; Judgment is entered in favor of Defendant McIntyre in her individual capacity as per the jury verdict. All official capacity claims against defendants Carey, Traquina and McIntyre are dismissed as moot. Final judgment is entered accordingly. CASE CLOSED. (Manzer, C)
July 15, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/14/08 ORDERING that defendants file a response to plaintiff's 173 pending motion within ten (10) days of the filed date of this order. (Duong, D)
July 28, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/28/08 DENYING 173 Motion for New Trial with respect to Issues 1, 2 and 4. Resolution of Issue 3 is deferred pending production of the required documents to the court.(Anderson, J)
August 27, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 8/26/08: Accordingly, Issue No. 3 of plaintiff's motion for new trial is denied, as is the entire motion for new trial 173.The dental triage records previously under seal shall remain under seal. There exist no other events to be resolved in this case. (Kaminski, H)