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04-1425 - (PC) Holley v. CDC, et al


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04-1425 - (PC) Holley v. CDC, et al
June 1, 2005
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ORDER signed by Judge Peter A. Nowinski on 5/31/05 ORDERING that pltf's 2/10/05 Notice of Motion for a TRO and preliminary injunction is DENIED without prejudice for pltf's failure to serve it on dft's 25. (Girgis, C)
June 1, 2005
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ORDER signed by Judge Peter A. Nowinski on 5/31/05. Pltf's 8/24/04, 1/14/05, 5/10/05 requests to file supplemental pleadings are DENIED 5,19, 39. Pltf's Request of motion to exclude prejudicial records is DENIED 35. MOTIONS TERMINATED: 5/10/05 Notice of Motion to file supplemental pleading. (Girgis, C)
June 21, 2005
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FINDINGS and RECOMMENDATIONS signed by Judge Peter A. Nowinski on 06/21/05 recommending that dfts' 01/14/05 MOTION to DISMISS 18 be granted in part; All claims against dft Herrera, except that of retaliation against pltf for exercise of First Amendedment rights be dismissed for failure to state a claim; Claims against dfts Providence, O'Ran, Mirich, Jako, Veal, Allen and Grannis be dismissed for failure to exhaust administrative remedies; Dft Herrera be required to answer the complaint within 30 days of disposition of the motion to dismiss. REFERRED BACK to Judge Garland E. Burrell. (Warren, P)
July 25, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 07/22/05 ORDERING the F and R's filed 6/21/05 are ADOPTED in full; dfts' 1/14/05 motion to dismiss is GRANTED IN PART; all claims against dft Herrera, except the retaliation claim are DISMISSED for failure to state a claim; claims against dfts Providence, O'Ran, Mirich, Jako, Veal, Allen and Grannis are DISMISSED; dft Herrera is required to answer the complaint within 30 days of disposition of the motion to dismiss. (Carlos, K)
October 12, 2005
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ORDER GRANTING Dfts' First Request for an Extension of Time to Respond to Discovery signed by Judge Peter A. Nowinski on 10/11/05 GRANTING Dft Herrera a 30 day extension of time to responsd to pltf's requests for interrogatories and productions. Response due by 11/10/05. (Sherman, T)
October 25, 2005
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ORDER denying 53 Motion to Appoint Counsel signed by Judge Peter A. Nowinski on 10/25/05. (Marciel, M)
January 20, 2006
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ORDER signed by Judge Peter A. Nowinski on 01/19/06 ORDERING pltf's 10/24/05 motion for leave to file a second amended complaint is GRANTED; Dfts to answer within 20 days; Pltf's 10/21/05 motion to strike 66 is GRANTED and pltf's 06/09/05 and 07/18/05 motions to supplement the pleading are deemed withdrawn; Pltf's 03/30/05 motion to compel 71, dft's 07/29/05 motion for protective order 52 and pltf's 11/14/05 motion to compel 49 are DENIED without prejudice. (Warren, P)
March 10, 2006
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ORDER signed by Judge John F. Moulds on 3/9/2006 GRANTING 86 Request for an extension of time to respond to discovery filed by dfts. (Matson, R)
June 6, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on 06/06/06 recommending that dfts' 02/07/06 motion to dismiss 79 be granted and this action proceed soley on the retaliation claim against dft Herrera raised in pltf's original complaint and answered by said dft on 09/29/05; Objections due within 20 daysafter being served with these F/Rs. (Warren, P)
July 14, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell Jr. on 7/13/06 ORDERING the Findings and Recommendations 95 filed 6/6/06 are ADOPTED IN FULL. Dfts' 2/7/06 motion to dismiss 79 is GRANTED. This action shall proceed solely on the retaliation claim against dft Herrara raised in pltf's original complaint and answered by said dft on 9/29/05. (Carlos, K)
July 26, 2006
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ORDER signed by Judge John F. Moulds on 07/24/06: Pltf's 01/25/06 78 motion to compel is DENIED; dft's 03/03/06 84 motion for protective order is GRANTED; dft's 03/21/06 90 motion for protective order is GRANTED; dft's 04/05/06 92 request for an extension of time is GRANTED nunc pro tunc and pltf's third request for production of documents served on or before 05/06/06 are deemed timely; dft Herrera is directed to file, under seal, a copy of dft's performance reports for the last 5 years. In all other respects pltf's 05/18/06 93 motion to compel is DENIED. (Kirkpatrick, S)
September 26, 2006
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ORDER signed by Judge John F. Moulds on 9/25/06 ORDERING that Defendant Herrera is GRANTED a thirty-day extension of time to take Plaintiff's deposition. Defendant shall take Plaintiff's deposition by 10/29/06. Dispositive motions shall be filed on or before 1/23/07.(Mena-Sanchez, L)
September 29, 2006
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ORDER signed by Judge John F. Moulds on 09/28/06 ORDERING that plt's request for leave to amend 101 is GRANTED. Clerk is directed to file the proposed amended complaint appended to plt's 7/31/06 motion nunc pro tunc to that date and to docket the proposed amended complaint as a third amended complaint. Dft Herrera's amended answer 59 will be deemed responsive to the claim raised in the third amended complaint, unless, within 10 days from the date of this order, dft elects to file a new answer. Plt's motion to compel production of dft Herrera's performance report 93 is DENIED.Clerk shall maintain the documents submitted for in camera review on 8/10/06 under seal until further order of the court . (Duong, D)
May 3, 2007
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ORDER signed by Judge Edmund F. Brennan on 5/2/07: Plaintiff's April 10, 2007, request is granted 117 and plaintiff has 60 days from the date this order is served to file and serve an opposition to defendant's March 26, 2007, motion for summary judgment.(Kaminski, H)
November 27, 2007
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ORDER signed by Judge Edmund F. Brennan on 11/27/07 ORDERING that defendants' motion to strike 121 is DENIED. (Engbretson, K.)
December 3, 2007
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ORDER signed by Judge Edmund F. Brennan on 12/03/07 ORDERING that, because the parties' cross-motions for summary judgment are pending, the following dates and deadlines are all VACATED: plf's pretrial statement due 02/23/07; dfts' pretrial statement due 03/09/07, pretrial conference set for 03/16/07 and trial set for 06/05/07.(Benson, A)
December 11, 2007
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/11/07 ORDERING dft's 12/5/07 request for extension of time is GRANTED; opposition to pltf's motion for summary judgment 114 is deemed timely filed.(Carlos, K) Modified on 12/13/2007 (Carlos, K).
February 22, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/21/08 RECOMMENDING that defendants 3/26/07 motion for summary judgment be granted; Plaintiffs 6/6/07 cross-motion for summary judgment be denied;Judgment be entered in favor of the sole remaining defendant; and Clerk be directed to close the case. Referred to Judge Garland E. Burrell, Jr. Objections to F&R due within 14 days.(Dillon, M)
March 21, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/08 ORDERING that pltf's 3/7/08 request for an ext of time to file objections is DENIED. (Kastilahn, A)
March 27, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/27/2008 ORDERING 129 Motion to Strike and 130 Motion to Strike are DENIED. (Matson, R)
September 26, 2008
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ORDER ADOPTING 131 FINDINGS and RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 09/26/08 and ORDERING that dft's 114 Motion for Summary Judgment is GRANTED; that plf's 119 Cross-motion for Summary Judgment is DENIED; that Judgment is entered in favor of the sole remaining dft and the Clerk is to close the case. CASE CLOSED (Benson, A)