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04-2729 - Whitfield, et al v. State of California, et al


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04-2729 - Whitfield, et al v. State of California, et al
April 20, 2005
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ORDER CONSOLIDATING ACTIONS AND STATUS (PRETRIAL SCHEDULING); Civil Case 2:04-cv-2730 GEB JFM is consolidated with 2:04-cv-2729 GEB JFM. Case 2:04-cv-2730 is administratively closed and 04cv2729 is hereby designated the "Master File." The filings in 04cv2730 are deemed to be filed in 04cv2729. Designation of Expert Witnesses due by 1/23/2006 and rebuttal due 2/27/06. Discovery due by 6/21/2006. Bench Trial set for 1/9/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Motion Hearing set for 8/21/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Final Pretrial Conference set for 10/16/2006 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. signed by Judge Garland E. Burrell Jr. on 4/19/05. (Kastilahn, A)
June 6, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 06/03/05: 14 Order Consolidating Cases, the portion of the Order which consolidated the actions 2:04-cv-2729 GEB JFM and 2:04-cv-2730 GEB JFM is VACATED; further, the Status (Pretrial Scheduling) Order of the Order applies to both actions; Final Pretrial Conference and the Trial dates have been RESET in 2:04-cv-2729 GEB JFM (Kirkpatrick, S)
September 13, 2005
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ORDER signed by Judge John F. Moulds on 09/12/05 ordering no later than 10 days from the date of this order defendants shall file a copy of the privilege log pertaining to this discovery dispute; Defendants shall deliver to the chambers of the undersigned the following documents for in cameral review: (See order for list of documents and further details). The 09/22/05 hearing is vacated. (Plummer, M)
October 4, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 10/4/05 ORDERING 25 Application for reconsideration of Magistrate Judge's ruling is DENIED. (Carlos, K)
December 21, 2005
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ORDER signed by Judge Garland E. Burrell Jr. on 12/20/05 ORDERING that initial Expert Witnesses disclosures and report requirements due on or before 5/17/2006 and reburral expert disclosures authorized under the Rule due on or before 6/21/06. All Discovery shall be completed by 8/3/2006. The last Hearing date for law and motion is 9/5/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. The Final Pretrial Conference is SET for 11/20/2006 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Mena-Sanchez, L)
December 21, 2005
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ORDER signed by Judge John F. Moulds on 12/20/05 ORDERING that plts' motion to compel discovery of the letter written by Nanette is denied. Dfts shall produce the redacted documents for inspection and copying within ten days pursuant to paragraph 2. In all other respects, plts' motion to compel is granted. Within 10 days from the date of this order, dfts shall produce for inspection and copying the remaining documents submitted to the court under seal. All disclosures ordered herein are governed by the Protective Order 12. (Duong, D)
March 24, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 3/23/06 ORDERING the ruling of the Magistrate Judge filed 12/2/1/05 is AFFIRMED. (Carlos, K)
April 27, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 4/25/06 ORDERING the Clerk of the Court to file under seal the documents submitted for in camera review on 9/23/05 and 10/21/05 and shall return to dfts the documents submitted for in camera review on 3/29/06. (Carlos, K)
June 26, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 6/26/06 ORDERING Jesse M. Rivera is Substituted in on case no. 04-cv-2729 GEB JFM and Stephen Acquisto, Deputy AG, is Substituted out of said case, as attorney of record for dft Jerry Harper. (Girgis, C)
June 30, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 6/30/06 ORDERING that Jesse Rivera is substituted in as attorney of record for dft Jerry Harper. (Brown, T)
July 27, 2006
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ORDER signed by Judge John F. Moulds on 7/26/06 ORDERING Dfts' 6/16/06 motion for protective order 47 is DENIED. Pltf is granted authority to notice 16 additional depositions: Virginia Kegg, Marie Curran, IvoryCummings, Lt. Moffitt, Director Richard Kai, Dr. Ben Templeton, Dr. Paul Woodward, Security Supervisor Palacioz, Robert Caputi, Dr. Sanford Dietzen, James Fernandes, Person Most Knowledgeable (PMK) regarding maintenance of records at Preston, Lubertha Lester, Pat Thomas, Dr. Eric Trupin, and the "Deputy Director" responsible for the access and delivery ofmental health care at Preston. (see order for further details) Pltfs' 6/16/06 request for sanctions is DENIED. Pltfs' 6/26/06 motion to compel further responses to requests for production, set no. 2, 52 is GRANTED in PART and DENIED in PART. (Girgis, C)
August 1, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 7/31/06 ORDERING the pltf shall have until 8/30/06 to file an amended complaint. Status Conference set for 9/25/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Expert disclosure, discovery, and dispositive motion deadlines are VACATED. (Carlos, K)
August 21, 2006
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ORDER signed by Judge John F. Moulds on 8/18/06 ORDERING The deposition of Dr. Templeton will be set for 9/11/06 or such other date as counsel shall agree to in writing. The depositions of Dr. Dietzen (8/28/06), Pat Thomas (8/23/06), Richard Kai (8/25/06), Mr. Palacioz (8/28/06) and Ivory Cummings (8/21/06), appear to have been agreed to during today's hearing. Mr. Acquisto is directed tocontact these deponents and advise the court of their availability on or before 4:00 p.m. Monday,8/14/06.In all other respects, pltf's 8/9/06 application 70 is DENIED. (Girgis, C)
September 20, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 9/19/06 ORDERING Status Conference RE-SET for 12/18/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..(Carlos, K)
December 20, 2006
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ORDER CONSOLIDATING CASES AND STATUS ORDER signed by Judge Garland E. Burrell Jr. on 12/19/06 ORDERING this case CONSOLIDATED with 2:04-cv-2730 GEB JFM. Case 2:04-cv-2729 GEB JFM is designated the LEAD CASE. All future filings in both cases must reflect the lead case number. IT IS ALSO ORDERED that Discovery due by 3/23/2007. Motions due by 5/29/2007. Final Pretrial Conference set for 7/23/2007 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Settlement Conference set for 2/15/2007 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Carlos, K)
February 13, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 2/13/07 ORDERING that: dft CYA is DISMISSED from pltfs' 5th&6th claims; Dfts' 96 Motion to Strike decedents' pain and suffering damages alleged under Section 1983&the ADA is GRANTED; Dft CYA's Motion to Dismiss pltfs' 3rd claim for relief for violation of section 1983 is GRANTED; and individual dfts' motion to dismiss pltfs' claims for statutory failure to supervise and negligent supervision and training is DENIED. (Brown, T)
March 6, 2007
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ORDER signed by Judge John F. Moulds on 3/5/2007 ORDERING this matter is set for 3/12/2007, at 11:00 a.m. in Courtroom #25 before the undersigned. The following matters will be addressed: dft CYA's 2/23/2007 request for extension of time to respond to the fifth request for production of documents; pltfs' 3/2/2007 motion to compel production of documents responsive tothe fifth request; and pltfs' 3/2/2007 motion for protective order concerning the deposition of expert witness Dr. Kupers. Counsel for dft CYA shall bring copies of documents responsive to thefifth request for production of documents at issue to the 3/12/2007 hearing.(Matson, R)
March 14, 2007
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ORDER signed by Judge John F. Moulds on 3/14/07 ORDERING that Dft CYA's 112 Request for Extension and Pltf's 117 Motion to Compel are PARTIALLY GRANTED. Dft CYA produced certain documents at the 3/12/07 hearing. Attachment 2 is produced subject to a protective order and shall be used solely for the purposes of this litigation. The remaining documents responsive to the fifth request for production shall be produced by Monday, 3/19/07 and shall be delivered to Pltfs via overnight delivery. Counsel for Pltfs and counsel for Dft CYA shall meet and confer at the earliest possible time thereafter. Prior to close of business 3/21/07, counsel shall fax a report concerning the status of the production to the chambers of Judge Moulds. (Engbretson, K.)
April 30, 2007
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STIPULATION AND ORDER of DISMISSAL signed by Judge Garland E. Burrell Jr. on 4/30/07 DISMISSING all dfts except the California Youth Authority. The sole remaining dft California Youth Authority will be dismissed upon the execution of the parties' written settlement agreement. (Carlos, K)
November 28, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 11/27/07 ORDERING that Plaintiff's Application for Guardian ad litem is GRANTED. Lonnie Mathews is apponted as the guardian ad litem for Plaintiff Gloria Feaster.(Mena-Sanchez, L) Modified on 11/28/2007 (Mena-Sanchez, L).
February 8, 2008
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ORDER signed by Judge Garland E. Burrell, Jr on 02/07/08 ORDERING that a Status Conference is set for 03/17/08 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. The parties shall file a joint status report explaining the status of this action no later than 14 days prior to the status conference.(Benson, A)
April 11, 2008
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ORDER signed by Judge Garland E. Burrell, Jr on 4/10/08 ORDERING the Application on behalf of pltf Gloria Feaster by her guardian ad litem for an Order shortening time so that said pltf's "Unopposed Ex Parte Application for Approval of Compromise and Disbursement of Settlement Funds and Attorney Fees and Costs," 153 could be heard at 9:00 AM on 4/14/08 (together with the Pretrial Scheduling Conference) is GRANTED. (Carlos, K)
April 14, 2008
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ORDER APPROVING COMPROMISE AND DISBURSEMENT OF SETTLEMENT FUNDS signed by Judge Garland E. Burrell, Jr. on 4/14/08 ORDERING the amount of $202,111.44 shall be disbursed to the Conservatorship established for Gloria Feaster in Probate Court. The amounts of $145,000.00 and $15,388.56 shall be disbursed to R. Samuel Paz and Sonia Mercado. (Engbretson, K.)