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04-2320 - (PS) Sherman v. City of Davis


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04-2320 - (PS) Sherman v. City of Davis
August 17, 2005
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ORDER signed by Judge Peter A. Nowinski on 8/17/05 ORDERING: Pltf's motion 15 is GRANTED; Pltf shall w/in 10 days of service of this order, serve and file one comprehensive complaint in compliance w/ E.D.Cal.L.R 15-220; Dft shall file its answer w/in 10 days after service of supplemental complaint. (Girgis, C)
November 10, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/9/05 ORDERING Pltf's motion 17 is GRANTED. Dft shall serve and file one answer to both complaints w/in twenty days after service of this order. (Girgis, C)
November 28, 2005
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ORDER signed by Judge Peter A. Nowinski on 11/28/05. Pltf&Dft are Directed to file, by Friday, January 20, 2006, separate status reports regarding the matters addressed w/in this order. (Brown, T)
November 9, 2006
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FINDINGS and RECOMMENDATIONS recommending that paragraphs 1, 3, and 5 of the Complaint be dismissed for failure to state claim. Defendant's request to dismiss paragraph 6 of the Complaint be granted in part and denied in part. Plaintiff's request to stay the action pending resolution of the habeas petitions be denied. Plaintiff's motion to amend the complaint be denied. Objections to F&R due within 10 days. ORDERING that Plaintiff's "Motion for Discovery and Motion for Court Vigilance in Spirit of Justice" is DENIED. Plaintiff's motion to "expedite the proceedings" is DENIED 34 signed by Judge Edmund F. Brennan on 11/8/06. (Kaminski, H)
December 22, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 36 signed by Judge Lawrence K. Karlton on 12/21/06 ORDERING that pursuant to 28 U.S.C. 1915(e)(2), paragraphs 1, 3, and 5 of the Complaint (challenging t he validity of the arrests at Long's Drugs, Albertson's, and the Yolo CountyLibrary, which are currently under habeas review) are dismissed for failure to state claim based on Heck v. Humphrey, 512 U.S. at 486-87. Defendant's request to dismiss paragraph 6 of the Complaint (concerning the arrest at Nugget Market on June 16, 2004) is granted in part with regard to the allegations challenging the validity of the arrest, and is denied in part with regard to the allegations regarding excessive force. Plaintiff's request to stay the action pending resolution of the habeas petitions isDENIED. Plaintiff's motion to amend the complaint 26 is DENIED. (Duong, D)
March 2, 2007
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ORDER AND FINDINGS and RECOMMENDATIONS recommending that Plaintiff's "Objection to Trial Scheduling Order&Motion&Affidavits for Temporary Restraining Order" be denied 38.Plaintiff's motion for summary judgment be denied 40. ORDERING that plaintiff's motion to compel discovery is DENIED 55. The parties are granted an additional 60 days to complete discovery. Objections to F&R due within 10 days signed by Judge Edmund F. Brennan on 3/2/07. (Kaminski, H)
March 6, 2007
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ORDER signed by Judge Lawrence K. Karlton on 3/6/07 ORDERING that upon reconsideration, this court's Order 41 is AFFIRMED. Pltf's Motion to certify the order for interlocutory appeal is DENIED. (Engbretson, K.)
March 7, 2007
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ORDER signed by Judge Edmund F. Brennan on 3/6/07 ORDERING that Local Rule 78-230(m) does not apply to the present case because it is not a "prisoner case" as defined by the Local Rules.(Brown, T)
March 20, 2007
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ORDER signed by Judge Edmund F. Brennan on 3/20/07: Defendant's motion is granted 61 and the law and motion deadline is extended from April 25, 2007 to June 25, 2007. The pretrial conference and trial dates set in the November 9, 2006, scheduling order are vacated. Those dates will be reset, if appropriate, following disposition of any motion for summary judgment. (Kaminski, H)
March 29, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 57 signed by Judge Lawrence K. Karlton on 03/28/07 ORDERING that plaintiff's "Objection to Trial Scheduling Order&Motion&Affidavits forTemporary Restraining Order" 38 is DENIED. Plaintiff's motion for summary judgment 40 is DENIED. (Duong, D)
May 17, 2007
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ORDER signed by Judge Edmund F. Brennan on 5/16/07 ORDERING pltf's "Objection to Dft's Response to Discovery Requests and Request for Ruling" 69 filed 4/18/07 is DENIED. Pltf's "Motion to Compel Discovery, Motion for Court Order to Compel Attendance to Conference, Motion for Court Order for Pltf's Attendance at Hearing, Motion for Waiver of Notice" 70 is GRANTED IN PART AND DENIED IN PART. The motion is granted insofar as pltf need no longer notice his motions for hearing on the court's law and motion calendar; instead, the court will deem pltf's motions submitted without oral argument unless otherwise ordered by the court. However, pltf's motion to compel is DENIED, as is his request for release from custody to attend a "conference of the parties" or hearing; and, Dft's request for sanctions is DENIED. (Carlos, K)
June 13, 2007
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ORDER to SHOW CAUSE signed by Judge Edmund F. Brennan on 6/13/2007 ORDERING pltf shall show cause why sanctions should not be imposed for failure to timely file an opposition; and Consistent with this order, the hearing currently set for 6/20/2007, on this court's law and motion calendar is VACATED. (Matson, R)
June 21, 2007
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ORDER signed by Judge Lawrence K. Karlton on 06/20/07 ORDERING that plt's motion for leave to proceed in forma pauperis on appeal 66 is DENIED. (cc: 9th Circuit) (Duong, D) Modified on 6/21/2007 (Duong, D).
July 2, 2007
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ORDER signed by Judge Lawrence K. Karlton on 06/29/07 ORDERING that this court's order of March 29, 2007, is AFFIRMED; defendant's request for sanctions pursuant to Local Rule 11-110 is DENIED. (Manzer, C)
February 26, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/25/08 Recommending that Defendant's MOTION for SUMMARY JUDGMENT 84 be granted in its entirety, and Judgment be entered in its favor; and The Clerk be directed to close this case. These Findings and Recommendations are submitted to U.S. District Judge Lawrence K. Karlton. Within ten (10) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. (Mena-Sanchez, L)
March 26, 2008
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ORDER ADOPTING 84 FINDINGS and RECOMMENDATIONS, signed by Senior Judge Lawrence K. Karlton on 3/25/08. Dft's motion for summary judgment is GRANTED in its entirety; and judgment is entered in its favor. The Clerk is directed to close the case. CASE CLOSED(Kastilahn, A)
April 25, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/25/08 ORDERING that plaintiff's 116 motion for a temporary restraining order is DENIED. (Duong, D)