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04-1644 - (PC) Horstman v. Cantu, et al


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04-1644 - (PC) Horstman v. Cantu, et al
December 19, 2005
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ORDER signed by Judge Dale A. Drozd on 12/19/05 GRANTING 4 Pltf's request to correct the spelling of deft Canto to Cantu and 3 Application to proceed IFP; pltf to pay filing fee os $150 w/initial fee of $11.69; balance to be paid in accordance w/CDC order; 5 Request for court action and 6 Request for information are DENIED as moot and DENYING 7 MOTION for RECONSIDERATION. Service is appropriate for defts Cantu, Avery, Stetina, Orr, and Whisle; the Clerk to send pltf 5 USM forms, 1 summons, instr, and a copy of the complaint filed 8-12-04 to be completed and returned by pltf w/in 30 days. (Matson, R) Modified on 12/19/2005 (Matson, R).
January 12, 2006
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ORDER DIRECTING USM to serve process on M Orr, D Whisler, J Cantu, B Avery and R Stetina; the Clerk is directed to forward the appropriate paperwork to the USM; the Clerk shall serve upon plaintiff a copy of the LR; signed by Judge Dale A. Drozd on 01/12/06. (Kirkpatrick, S)
April 5, 2006
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ORDER signed by Judge Dale A. Drozd on 04/04/06: Dfts' 04/03/06 14 request for an extension of time is GRANTED; dfts are granted a period a 30 days, to including 05/03/06, to file and serve a responsive pleading. (Kirkpatrick, S)
April 6, 2006
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ORDER signed by Judge Dale A. Drozd on 04/05/06 ORDERING that Plaintiff's Motion to Appoint Counsel 13 is DENIED. (Mena-Sanchez, L)
May 25, 2006
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ORDER DIRECTING USM to serve process on T. Borges, G DeMatteo, L Flohr, M Penner; the Clerk is directed to forward appropriate documents to the USM; signed by Judge Dale A. Drozd on 05/25/06. (Kirkpatrick, S)
June 8, 2006
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ORDER signed by Judge Dale A. Drozd on 06/07/06 GRANTING dfts' 26Request for an Extension of Time. Dfts are GRANTED 2 weeks, to and including 6/19/06, to file and serve a responsive pleading.(Brown, T)
July 24, 2006
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ORDER to SHOW CAUSE signed by Judge Dale A. Drozd on 7/24/06. Plaintiff shall file and serve, within twenty-one days after the date on which this order is signed, a declaration under penalty of perjury in which he shows good cause for his failure to respond to defendants' Motion to dismiss as required by court order and Local Rule 78-230(m); Plaintiff's opposition or statement of non-opposition to defendants' 6/19/06 Motion to dismiss shall be filed with Plaintiff's declaration of good cause. Plaintiff's failure to file a timely response to this order will result in a recommendation that all unexhausted claims be dismissed.(Mena-Sanchez, L)
December 20, 2006
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ORDER and FINDINGS and RECOMMENDATIONS signed by Judge Dale A. Drozd on 12/20/06 ORDERING that upon consideration Pltf's 32 Motion for Extension of Time is DENIED as Moot, and Pltf's Opposition to Dfts' Motion to Dismiss, submitted on 8/1/06 with response to Order to Show Cause 33 is deemed filed timely. Order to Show Cause 31 is DISCHARGED. Dft Flohr's Motion to Join in Dfts 6/19/06 Motion to Dismiss 34 is GRANTED. IT IS RECOMMENDED that Dfts' Motion to Dismiss 29 be denied as to Dft Orr and granted as to Dfts Borges, Demateo, Penner, Whisler, and Flohr. Pltf's claims against Dfts Borges, Demateo, Penner, Whisler, and Flohr be dismissed w/out prejudice for failure to exhaust available administrative remedies on those claims before bringing this action. Dfts Cantu, Avery, Stetina, and Orr be directed to file an answer to Pltf's Amended Complaint w/in the time provided by Rule 12(a)(4)(A) of FRCP. Motions Referred to Judge Burrell. Objections to F&R's due w/in 20 days. (Engbretson, K.)
January 18, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 1/17/07 ORDERING the Findings and Recommendations 36 are ADOPTED IN FULL. Dfts' 6/19/06 motion to dismiss29 is GRANTED. Pltf's claims against dfts Borges, Demateo, Penner, Whisler and Flohr are DISMISSED WITHOUT PREJUDICE. (Carlos, K)
May 16, 2007
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ORDER REQUIRING STATUS REPORT signed by Judge Dale A. Drozd on 5/15/07. Pltf's status report shall be filed and served within 30 days from the date of service of this order. Dfts' status report shall be filed within 30 days thereafter. In addition to this order, the clerk is directed to mail to all parties the Consent to Proceed Before US Magistrate Judge form.(Kastilahn, A)
July 5, 2007
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ORDER signed by Judge Dale A. Drozd on 07/03/07 re 45 ORDERING that dfts are granted 30 days, to and including 8/2/07, to serve their responses to plt's discovery request. (Duong, D)
January 14, 2008
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ORDER signed by Judge Dale A. Drozd on 1/14/08 ORDERING that 49 dfts' motion to compel is GRANTED. Pltf shall participate in his deposition WITHIN 45 days of the date of this order. Dfts' 11/16/07 request for dismissal and monetary sanctions is DENIED without prejudice. Dfts' 51 request to modify the scheduling order is GRANTED. The last day for dfts filing of a summary judgment motion is EXTENDED from 1/11/08 to 5/2/08. Dates related to the filing of pretrial statements, pretrial conf and jury trial set in the 7/23/07 scheduling order are VACATED. The court will issue a revised scheduling order if necessary. (Kastilahn, A) Modified on 1/14/2008 (Kastilahn, A).
May 13, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 05/13/08: Pltf's pretrial statement due by 09/05/08; dft pretrial statement due by 09/12/08; Pretrial Conference set for 09/19/08 before the Magistrate Judge, on file only without appearance from either party; Trial Confirmation Hearing set for 1/16/2009 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; Jury Trial set for 2/24/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. The remainder of the 07/23/07 scheduling order will remain in effect.(Manzer, C) Modified on 5/14/2008 (Donati, J). Modified on 5/15/2008 (Manzer, C).
June 5, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/05/08 GRANTING 54 motion to vacate trial and pretrial dates; the court's May 13, 2008 scheduling order dates related to pretrial statements, pretrial conference, trial confirmation hearing, and jury trial are vacated. The remainder of the court's 05/13/08 scheduling order remains in effect. The court will issue a revised scheduling order if necessary at a future date.(Manzer, C)
October 9, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/09/08 ORDERING that within 20 days of the date of this order defendants shall file a declaration on the status of the parties' settlement in this action. (Streeter, J)
November 5, 2008
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ORDER DISMISSING CASE signed by Magistrate Judge Dale A. Drozd on 11/4/2008. CASE CLOSED.(Matson, R)