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05-557 - (PC) Martin v. Traquina et al


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05-557 - (PC) Martin v. Traquina et al
June 14, 2005
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ORDER signed by Judge John F. Moulds, 2 MOTION to PROCEED IN FORMA PAUPERIS filed by Orlando Martin is GRANTED. Pltf is obligated to pay the $250.00 filing fee to be paid in accordance with the court's order to CDC filed concurrently herewith. Service is appropriate for dfts: Alvaro C. Traquina, Randall D. Osborn, Dwyane Highsmith, Yin DeChant, B. Naku, G. Toppenberg and T. Dickinson. Clerk shall send pltf 7 USM forms, summons, instructions, and copy of 3/22/05 complaint. Pltf's 3/22/05 request for appointment of counsel is DENIED. (Waggoner, D)
July 15, 2005
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ORDER signed by Judge John F. Moulds DIRECTING USM to SERVE PROCESS on B Naku, G Toppenberg, T. Dickinson, Alvaro C Traquina, Randall D Osborn, Dwayne Highsmith, and Yin DeChant. Clerk shall serve copy of LR's on pltf.(Waggoner, D)
December 21, 2005
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ORDER signed by Judge John F. Moulds on 12/21/05 ORDERING that Plaintiff's 11/1/05 Motion to Amend 18 is GRANTED. Plaintiff's Complaint and the documents filed 11/1/05 and styled "Amended Complaint" 19 are DISMISSED. Plaintiff is granted thirty days from the date of service of this order to file and serve a second amended complaint. Defendants' 9/27/05 Motion to Dismiss 11 is DENIED. Defendants shall file and serve a response to plaintiff's second amended complaint within twenty days after service thereof. (Mena-Sanchez, L)
January 12, 2006
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STIPULATION and ORDER signed by Judge John F. Moulds on 01/12/06 ORDERING 22 Stipulation of Dismissal as to defendant T. Dickinson. (Matson, R)
January 13, 2006
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STIPULATION and ORDER dfts Dwayne Highsmith and B. Naku DISMISSED with prejudice, pursuant to FRCP 41(a)(1); each side to bear its own costs and attys' fees 30. signed by Judge David F. Levi on 1/13/2006. (Reader, L)
January 24, 2006
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ORDER signed by Judge John F. Moulds on 1/24/06: dft's 25 12/27/05 request for modification of scheduling order is GRANTED; the 12 10/12/05 Scheduling Order is VACATED; a new scheduling order will be issued after defendants have filed and served a response to pltf's second amended complaint; pltf's 26 27 28 01/04/06 requests for admissions will be placed in the court record and DISREGARDED. (Kirkpatrick, S)
February 6, 2006
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ORDER signed by Judge John F. Moulds on 2/6/06 ORDERING the Clerk to serve on pltf a copy of the 35 USM-285 Form returned by the USM on 1/18/06.(Brown, T)
May 26, 2006
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ORDER signed by Judge John F. Moulds on 5/24/06 ORDERING that Plaintiff's 3/10/06 "Objection to Defendants Reply to Second Amended Complaint&Request for Qualified Immunity" [44 ]shall be disregarded.(Mena-Sanchez, L)
August 24, 2006
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ORDER signed by Judge John F. Moulds on 8/22/2006 GRANTING 48 Motion for Extension for filing pretrial motions; Pretrial motions shall be filed w/in 30 days of the service of this order. (Matson, R)
November 30, 2006
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ORDER signed by Judge John F. Moulds on 11/29/06 ORDERING that the parties are relieved of the obligation to file pretrial statements 55 until further order of court. the pretrial conference set for 12/8/06 before Hon John F. Moulds is VACATED. The jury trial set for 2/26/07 before the Hon David F. Levis is VACATED. All dates vacated by this order will be reset, as appropriate, following disposition of dfts' motions for summary judgment 52.(Duong, D)
March 16, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on 3/15/07 RECOMMENDING that all claims against defendant Toppenberg be dismissed from this action. Objections to F&Rs due within 20 days. (Engbretson, K.)
June 26, 2007
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ORDER signed by Judge Ralph R. Beistline on 6/25/07 60 Findings and Recommendations are adopted in full and all claims against defendant Toppenberg are DISMISSED.(Anderson, J)
August 3, 2007
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ORDER signed by Judge Arthur L. Alarcon on 8/2/07 GRANTING Defendants Osborn, Dechant motion for summmary judgment. Tragina's 51 Motion for Summary Judgments with respect to Mr. Martin's claims that Dr. Traquina delayed his toenail-removal surgery is GRANTED and DENYING Mr. Martin's claim the Dr. Traquina delayed his bone spur-removal surgery. (Anderson, J)
August 7, 2007
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ORDER signed by Judge Arthur L. Alarcon o 8/7/07: Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before September 17, 2007. Defendant shall file a pretrial statement on or before October 1, 2007. Pretrial conference is set in this case for October 8, 2007. The pretrial conference shall be conducted on the file only, without appearance by either party. Jury Trial set for 11/6/2007 at 09:00 AM in Courtroom 7 before Senior Circuit Judge Arthur L. Alarcon. (Kaminski, H)
September 28, 2007
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ORDER signed by Judge Arthur L. Alarcon on 9/27/07 DENYING 68 Request for Judicial Notice. (Anderson, J)
October 3, 2007
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ORDER signed by Judge Arthur L. Alarcon on 10/3/07. Defendant's 71 Motion to Continue Trial is GRANTED. This matter is now set for Jury Trial on 1/23/2008 at 09:00 AM in Courtroom to be determined. Defendant's 72 Motion for Extension of Time to file a dispositive motion is GRANTED and he shall file his dispositive motion w/in 28 days of date of this Order. Plaintiff shall file Response, if any, w/in 14 days of filing of defendant's dispositive motion. (Marciel, M)
November 21, 2007
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[VACATED PER 81 ORDER] ORDER signed by Judge Arthur L. Alarcon on 11/21/07 ORDERING that defendant file a response to plaintiff's 78 Memorandum/Response in Opposition to Motion, filing within 35 days of the date of this order. (Anderson, J) Modified on 12/17/2007 (Benson, A).
December 14, 2007
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ORDER and WRIT ISSUED signed by Judge Arthur L. Alarcon on 12/14/07 ORDERING the issuance of writ of habeas corpus ad testificandum as to Orlando Martin. The warden is commanded to produce Orlando Martin for proceedings on 1/23/08 before Judge Arthur L. Alarcon. The custodian is ORDERED to notify the court of any change in custody of this inmate and is ordered to produce the new custodian with a copy of this writ. The clerk is directed to serve a copy of this order and writ on the Out-to-Court desk. (cc USM Priority) (Donati, J)
December 17, 2007
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ORDER signed by Judge Arthur L. Alarcon on 12/14/07 ORDERING that 77 Dft's Motion for Summary Judgment is DENIED; plf's 78 Motion to Amend Pretrial Statement to include witnesses Dr. Chin and Dr. Highsmith is GRANTED; the 79Court's 11/21/07 Order requiring dft to respond to plf's Opposition to the Motion for Summary Judgment is VACATED. (Benson, A)
December 18, 2007
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ORDER and WRIT ISSUED signed by Judge Arthur L. Alarcon on 12/18/07 ORDERING that a writ of habeas corpus ad testficandum is ISSUED, commanding the warden to produce the inmate Orlando Martin to testify by video-conference before the U.S. District Court on 01/08/08 at 2:00 p.m. before Judge Arthur Alarcon. The custodian is ORDERED to notify the court of any change in custody of this inmate and is ORDERDED to provide the new custodian with a copy of this writ. (Benson, A)
December 26, 2007
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ORDER signed by Judge Arthur L. Alarcon on 12/21/07: The January 23, 2008, trial date is vacated. The writ of habeas corpus ad testificandum issued for the trial is also hereby vacated. The January 8, 2008, trial confirmation hearing is hereby vacated. The writ of habeas corpus ad testificandum via video conferencing issued for the trial confirmation hearing is also vacated. Defendant has 90 days from the date of this order to conduct discovery of Plaintiffs two witnesses, Dr. Chin and Dr. Dwayne Highsmith. Defendant has 120 days from the date of this order to file and serve a dispositive motion related to discovery of Plaintiffs two witnesses, Dr. Chin and Dr. Dwayne Highsmith. (Kaminski, H)
January 4, 2008
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ORDER signed by Judge Arthur L. Alarcon on 1/4/08 ORDERING that pltf's 1/2/08 requests for subpoena forms and a settlement conf are DENIED AS MOOT. (Kastilahn, A)
February 19, 2008
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REVISED SCHEDULING ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 02/15/08: Pltf's pretrial statement due by 05/09/08; dft's pretrial statement due by 05/16/08; Pretrial Conference set for 5/30/2008 at 09:00 AM before Senior Circuit Judge Arthur L. Alarcon (without appearance by either party). Trial Confirmation Hearing set for 6/6/2008 at 11:00 AM before Senior Circuit Judge Arthur L. Alarcon. Jury Trial set for 6/19/2008 at 09:00 AM before Senior Circuit Judge Arthur L. Alarcon. (Manzer, C)
March 4, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 3/3/08 ORDERING that the Jury Trial RESET for 6/17/2008 at 09:00 AM in Visiting Judge (TBD) before Senior Circuit Judge Arthur L. Alarcon. (Anderson, J)
April 25, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 4/24/08 ORDERING that plaintiff shall file an opposition to defendant Traquina's 93 Motion for Summary Judgment by May 22, 2008. Defendant Traquina shall file a reply to plaintiff's opposition to the Motion for Summary Judgment by May 29, 2008.(Duong, D)
May 2, 2008
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ORDER and WRIT ISSUED signed by Senior Circuit Judge Arthur L. Alarcon on 05/02/08 ORDERING that a writ of habeas corpus ad testificandum is ISSUED, commanding the Warden to produce the inmate Orlando Martin on 06/17/08 at 9:00 a.m. before Judge Arthur L. Alarcon. The 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 (cc: USM Priority).(Benson, A)
May 2, 2008
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TRIAL CONFIRMATION HEARING ORDER and WRIT ISSUED signed by Senior Circuit Judge Arthur L. Alarcon on 05/02/08 ORDERING that a writ of habeas corpus ad testificandum is ISSUED commanding the Warden to produce the inmate Orlando Martin to participate in a teleconference call on 06/06/08 at 11:00 a.m. before Judge Arthur L. Alarcon. The 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.(Benson, A).
May 2, 2008
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INFORMATIONAL ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 05/02/08. (Benson, A)
May 7, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 5/2/08 ORDERING that Counsel for Dft shall make arrangements with a conference call entity for the conference call, and provide the telephone number and pin to Pltf, the Warden of the prison in which Pltf is incarcerated, and to the Court no later than 5/23/08. (Engbretson, K.)
May 15, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 5/14/08 ORDERING that the parties are ordered to appear for a settlement conference on June 12, 2008, at 10:00 am in courtroom #25 before the Honorable Edmond F. Brennan. The parties are ordered to send confidential settlement conference statements to JudgeBrennan's chambers on or before June 5, 2008. The June 6, 2008, Trial Confirmation Hearing is hereby VACATED. A new Trial Confirmation Hearing is set for June 13, 2008 at 10:00 a.m. via teleconference. Counsel for Defendant shall make arrangements with a conference call entity for the conference call, and provide the telephone number and pin to Plaintiff, the Warden of the prison in which Plaintiff is incarcerated, and to the Court no later than May 23, 2008. The 102 "Trial Confirmation Hearing Order&Writ of Habeas Corpus Ad Testificandum ViaTeleconference Call" filed on May 2, 2008 for Plaintiff Orlando, inmate # T-69444, is continued to June 13, 2008 at 10:00 a.m., at which time the parties shall appear via teleconference call. No other changes are made to the trial schedule as set forth in the Court's 91 92 scheduling orders. (Duong, D)
May 16, 2008
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Edmund F. Brennan on 5/15/08 ORDERING Warden D.K. Sisto of CSP-Solano to produce inmate Alvaro C. Tranquina to USDC Sacramento for a hearing SET for 6/12/08 at 10:00 AM in Courtroom 25 before Magistrate Judge Edmund F. Brennan. (cc: 3 cert copies to Warden, 1 cert copy to Out-to-Court Desk and copy to USM). (Carlos, K)
May 16, 2008
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INFORMATIONAL ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 05/16/08. (Manzer, C)
May 22, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 05/22/08 ORDERING that the 06/13/08 trial confirmation hearing is VACATED; document 102 "Trial confirmation hearing order and writ of habeas corpus ad testificandum via teleconference call" is VACATED. Parties have until 05/29/08 to notify the court if a trial confirmation hearing should be rescheduled.(Manzer, C)
May 29, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 5/29/08 DENYING defendant Traquina's 116 request to vacate the settlement conference. (Becknal, R)
June 11, 2008
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AMENDED ORDER and WRIT ISSUED signed by Magistrate Judge Edmund F. Brennan on 6/11/08 ORDERING that a writ of habeas corpus ad testificandum is issued commanding the Warden to produce Orlando Martin to testify on 6/12/08 at 10:00AM in Courtroom 25 before Magistrate Judge Edmund F. Brennan in Sacramento, CA. (faxed to Out-to Court Desk and Warden by Chambers)(Donati, J)
June 12, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 6/12/08 GRANTING 93 Motion for Summary Judgment.(Dillon, M)
June 12, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 6/12/2008 ORDERING the jury trial set for 6/17/2008 is CANCELED; and the Writ of Habeas Corpus Ad Testificandum for Pltf Orlando, inmate # T-69444,(Doc. No. 101) to appear on June 17, 2008, is VACATED. The Clerk is directed to serve a courtesy copy of this order on the Out-To-Court Desk, California State Prison - Sacramento, P.O. Box 290007, Represa, California 95671, and Warden D.K. Sisto of the California State Prison Solano, 2100 Peabody Road, PO Box 4000, Vacaville, California, 95696.(Matson, R)
June 26, 2008
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ORDER signed by Senior Circuit Judge Arthur L. Alarcon on 06/25/08 ORDERING that pltf's 126 motion is DENIED as moot. (Manzer, C)