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05-1600 - (PC) Clinton v. California Department of Corrections et al


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05-1600 - (PC) Clinton v. California Department of Corrections et al
August 30, 2005
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ORDER signed by Judge Craig M. Kellison on 8/29/05 ORDERING the Pltf to submit w/in 30 days from the date of this order, a completed affidavit in support for the IFP request. The Clerk is directed to send a new application for IFP to the pltf. The pltf shall submit w/in 30 days of this order a certified copy of his prison trust account. (Sherman, T) Modified on 9/6/2005 (Sherman, T).
October 13, 2005
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 10/12/05 recommending that this action be dismissed w/out prejudice. Pltf. may file written objections to F& R w/in 10 days. (Brown, T)
November 29, 2005
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ORDER signed by Judge Craig M. Kellison on 11/28/05. The 10 Findings and Recommendations are VACATED. Plaintiff shall submit, w/in 30 days from date of Order, a completed Affidavit in support of Request to Proceed IFP on form provided by Court. Clerk directed to send plaintiff a new Application to Proceed IFP form and to serve a copy of Order on Warden of CA Men's Colony. (Marciel, M)
February 7, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 2/6/06 RECOMMENDING that the MOTION for PERMANENT or PRELIMINARAY INJUNCTION 19be denied. Motion referred to Judge Lawrence K. Karlton. (Donati, J)
March 20, 2006
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ORDER signed by Judge Lawrence K. Karlton on 3/20/06 ADOPTING 21 FINDINGS and RECOMMENDATIONS in Full and DENYING 19 Motion for Preliminary or Permanent Injunctive Relief.(Donati, J)
March 28, 2006
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ORDER signed by Judge Craig M. Kellison on 3/27/06 ORDERING that pltf's 27 Amended Complaint is DISMISSED and pltf is GRANTED 30 days to file a Second Amended Complaint. (Yin, K)
April 25, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 04/20/06 Recommending that Plaintiff's Motion for Preliminary or Permanent Injunctive Relief 29 be denied. These Findings and Recommendations are submitted to the United States District Judge Judge Lawrence K. Karlton. (Mena-Sanchez, L)
June 1, 2006
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ORDER signed by Judge Craig M. Kellison on 05/31/06: Pltf's 30 Amended Complaint is DISMISSED; pltf is granted 30 days from the date of service of this order to file a third amended complaint. (Kirkpatrick, S)
July 7, 2006
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ORDER signed by Judge Craig M. Kellison on 07/05/06: Service is appropriate for the following dfts: Sherer, Desantis II, Barnes, Doe, Riley, Tripp, Mullin, Dixon, Prosper, Cooper, Rice, Doe, Chief Medical Doctor, Pamazol, DeForest, Woodford, Hickman, Marshall, Myers, Arbini, Wilson, and Barrientos; the Clerk shall send pltf 21-USM-285 forms, 1-summons, an instruction sheet and a copy of the 06/21/06 complaint.(Kirkpatrick, S)
July 17, 2006
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ORDER signed by Judge Craig M. Kellison on 07/17/06: Pltf's 6 motion for extension of time and 14 motion to compel are DENIED as moot. (Kirkpatrick, S)
August 8, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 8/8/06 recommending that pltf's 40 Motion for Injunctive Relief be DENIED. Pltf may file written objections with the court w/in 20 days. (Brown, T)
August 10, 2006
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ORDER signed by Judge Craig M. Kellison on 8/10/06 DENYING pltf's 41 Motion for a Court Order.(Brown, T)
August 10, 2006
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ORDER signed by Judge Craig M. Kellison on 8/10/06 DENYING pltf's 43 Motion to Suspend all legal proceedings. (Brown, T)
August 31, 2006
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ORDER signed by Judge Lawrence K. Karlton on 08/30/06: The 04/25/06 32 Findings and Recommendations are ADOPTED IN FULL; pltf's 29 motion for preliminary or permanent injunctive relief is DENIED. (Kirkpatrick, S) Modified on 9/27/2006 (Duong, D).
September 27, 2006
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ORDER signed by Judge Lawrence K. Karlton on 9/27/06 ORDERING that upon reconsideration, the Court's order of 7/7/06 is affirmed.(Mena-Sanchez, L)
September 28, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 09/27/06: The 08/02/06 42 Findings and Recommendations are ADOPTED IN FULL; pltf's 40 Motion for Injunctive Relief is DENIED. (Kirkpatrick, S)
October 3, 2006
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ORDER & ORDER DIRECTING SERVICE BY THE USM signed by Judge Craig M. Kellison on 10/2/06 ORDERING that: the Clerk is DIRECTED to forward the instr for service of process, the completed summons, copies of the amended complaint and copies of this order to the USM; w/in 10 days the USM is DIRECTED to notify dfts: Sherer; Desantis, Barnes, Doe, Riley, Tripp, Mullin, Dixon, Prosper, Cooper, Rice, Doe, Pamazol, DeForest, Woodford, Hickman, Marshal, Myers, Arbini, Wilson, and Barrientos of the commencement of this action and to request a waiver of service of summons; and the Clerk shall serve upon pltf a copy of the Local Rules.(cc: USM Priority) (Brown, T)
December 12, 2006
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ORDER signed by Judge Craig M. Kellison on 12/11/06 ORDERING that dfts have until 1/25/07 to file their responsive pleading. (Brown, T)
May 8, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 5/7/07 RECOMMENDING that the Motion to Dismiss 60 filed by Dfts Arbini, Barnes, Barrientos, Cooper, Deforest, Desantis, Dixon, Hickman, Marshall, Mullin, Pomazal, Prosper, Rice, Riley, Sherer, Tripp, Wilson, and Woodford be granted. This action be dismissed in its entirety as to the above mentioned Dfts only. This action shall proceed as to the causes of action against Dft Myers. Motion referred to Judge Lawrence K. Karlton. Objections to F&Rs due within 10 days. (Engbretson, K.)
May 9, 2007
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proceed against these Dfts. (Engbretson, K.)ORDER signed by Judge Craig M. Kellison on 5/8/07 ORDERING that Pltf shall promptly seek the identity of all doe Dfts named in his complaint. Undue delay in discovering Dfts' names and seeking leave to amend may result in the denial of leave to
July 12, 2007
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ORDER signed by Judge Craig M. Kellison on 7/11/07, re Proposed Order 76, ORDERING that dfts are relieved of their obligation to respond to pltf's request for production of documents pending the Court's ruling on dfts' motions to dismiss and issuance of a discovery order. MOTION for PROTECTIVE ORDER 75 is GRANTED. (Kastilahn, A)
September 27, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS re 67, signed by Judge Lawrence K. Karlton on 9/27/07. The findings are ADOPTED as to the dismissal of the pltf's third, eighth, fourteenth, sixteenth, seventeenth, twenty-fifth, and twenty-sixth causes of action on the basis of pltf's failure to exhaust. The findings regarding the failure to exhaust are NOT ADOPTED as to the dismissal of pltf's second, fifth, seventh, ninth, and thirteenth causes of action. The findings ARE NOT ADOPTED, as to the dismissal of the ninth, twenty-fifth, and twenty-sixth claims insofar as the findings characterize these claims as asserting as a basis of the relief dfts' denial of pltf's time credits. The findings are ADOPTED as to the dismissal of the pltf's first, ninth, and seventeenth claims for failure to state a claim. Dfts' motion to dismiss is GRANTED and DENIED IN PART. (Kastilahn, A)
November 15, 2007
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ORDER signed by Judge Craig M. Kellison on 11/15/07 ORDERING that pltf's request for transfer and/or recusal is DENIED. Pltf's request for return of documents is DENIED. Pltf shall file a notice with this court within 30 days as to which dft is the proper dft for claim no. 38. Dft Meyers will then have 30 days to file a response. If the proper dft for claim 38 is Anderson, pltf may file an objection to dft Meyers' motion to dismiss within 30 days of the date of this order. If the proper dft to claim is Meyers, pltf will have 30 days from the date of any amended motion to dismiss to respond to the motion. Pltf's motion for leave to file an amended complaint (Doc. 85) is DENIED. Dft Marshall is directed to file an answer to pltf's third amended complaint within 30 days of the date of this order. Pltf shall promptly seek the identity of any doe dft named in his third amended complaint. The Clerk is directed to update the docket to reflect remaining dfts to this action are Desantis, Riley, Cooper, Marshall and Meyers.(Kastilahn, A)
January 4, 2008
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 1/3/08 recommending that 70 MOTION to DISMISS be granted. Defendant Meyers be dismissed from this action. This action proceed against defendants Desantis, Riley, Cooper and Marshall. Motion referred to Judge Lawrence K. Karlton. Objections to F&R due within 20 days. (Anderson, J)
January 11, 2008
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ORDER signed by Judge Craig M. Kellison on 1/10/08 re 92 98 ORDERING that dfts have until 1/11/08 to respond to plt's request for production of documents. (Duong, D)
February 15, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 2/14/08 ORDERING 104 Amended Complaint filed by Thomas Clinton is STRICKENED. (Anderson, J)
February 26, 2008
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defendants Desantis, Riley, Cooper and Marshall. This matter is referred back to the magistrate judge for further proceedings. (Kaminski, H)ORDER ADOPTING FINDINGS and RECOMMENDATIONS 96 IN FULL signed by Senior Judge Lawrence K. Karlton on 2/25/08: Defendant Meyers' motion to dismiss is granted 70. Defendant Meyers is dismissed from this action. This action will proceed against
April 16, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 4/15/2008 DENYING 116, 120 Motions for Reconsideration; The magistrate judge's 111 Order is AFFIRMED. (Reader, L)
May 23, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 05/22/08 ORDERING that dfts have until 06/18/08 to serve their response to the motion to compel. (Manzer, C)
June 26, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/25/08 GRANTING 167 request for extension of time; the request is granted, nunc pro tunc, to June18, 2008. Defendants' response to plaintiff's motion to compel shall be filed on or before July 19, 2008. Further requests for additional time will be disfavored.(Manzer, C)
September 16, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/12/08 ORDERING that Except as discussed above and outlined below, plaintiff's 100 101 103 106 107 108 109 117 118 156 170 motions to compel are DENIED. Within 30 days of the date of this order, defendants shall serve a supplemental response to request no. 19 propounded in plaintiffs request for production, set no. five, and produce responsive documents in their custody, possession, or control, if they have not already done so. Within 30 days of the date of this order, defendants shall serve supplemental responses to request nos. 50, 51, 57, and 64 propounded in plaintiffs request for production, set no. five, if they have not already done so. Within 30 days of the date of this order, defendants shall serve a supplemental response to request no. 1 propounded in plaintiff's request for production, set no. ten, if they have not already done so. Plaintiff's 172 173 motions for court orders are DENIED. Plaintiff's 139 motion for an order requiring defendants to verify their discovery responses under penalty of perjury is DENIED. Defendants' 166 motion to exclude testimony and for sanctions is GRANTED in part and denied in part. Upon at least 75 days notice, defendants may take plaintiff's deposition within 90 days of the date of this order. Any motion for a protective order relating to plaintiff's deposition must be served and filed within 15 days of service of the notice of deposition and any opposition thereto will be due within 15 days of the date of service of the motion. Within 30 days of the date of this order, plaintiff shall send to counsel for defendants a check in the amount of $474.00, payable to the California Department of Corrections and Rehabilitation, as a sanction for his failure to appear at his duly noticed deposition without first obtaining a protective order. Defendants' 182 motion to modify the scheduling order9/17/2008 (Duong, D). is GRANTED in part. The dispositive motion cut-off date is vacated and will be re-set by separate order following the submission of status reports. Within 30 days of the date of this order, defendants shall serve and file a response to plaintiff's 138 motion for issuance of a subpoena. Within 30 days of the date of this order, defendants shall serve and file a response to plaintiff's 142 146 147 148 149 150 151 requests for judicial notice. (Duong, D) Modified on
October 6, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/03/08 ORDERING that plaintiff's pleading 186 is construed as a request for a protective order; defendants will be required to file a response within 15 days; In their response, defendants should discuss: Why plaintiff should be required to travel to Sacramento from his residence in Arkansas to attend a deposition; Why defendants did not seek the documents listed in the deposition notice via requests for production of documents; Why plaintiff's deposition cannot be taken pursuant to Rule 30(b)(4); and Why the court should not order the deposition to be taken in the district in which plaintiff resides. (Becknal, R)
October 7, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/6/08 recommending that plaintiff's request for injunctive relief and an order directing Attorney General Mukasey to take action to investigate plaintiff's allegations of prison rape be denied. Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
October 23, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/22/08 ORDERING dfts' first request for an extension of time to respond to pltf's motion for a protective order is GRANTED; dfts shall have until 10/24/08 to serve their response to the motion. (Carlos, K)
October 29, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/28/2008 GRANTING 196 Defendants Second Request For Extension of Time. Defendants have until October 31, 2008 to serve their response to the motion. (Streeter, J) Modified on 10/30/2008 (Streeter, J).
November 4, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 11/04/08 ORDERING that plf's Motions 171 and 189, construed as motions for reconsideration, are DENIED. (Benson, A)
November 5, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/4/2008 GRANTING 199 Request; Defendants have until 11/7/2008 to respond to plaintiff's motion for a protective order. (Matson, R)
November 12, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/12/08 DENYING 202 and 203 Motions to Compel. (Manzer, C)
November 25, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/25/08 DENYING 186 Request for Protective Order. (Donati, J) Modified on 1/12/2009 (Donati, J).
December 3, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/03/2008 DENYING 226 Request for postponement of deposition. Plaintiff is required to appear at his deposition as noticed by the defendants. (Streeter, J)
December 23, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/22/08 ordering that plaintiff's request for recusal 242 is denied. (Plummer, M)
December 23, 2008
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/22/08 ordering the court will provide plaintiff 1 more opportunity to appear at his deposition and avoid further sanctions, including dismissal of this action. The court has obtained dates the Deputy Attorney General is available to take plaintiff's deposition in Sacramento, California. These dates are January 21-22, 2009 or January 29-30, 2009. Plaintiff may contact the Deputy Attorney General and choose 1 of the dates above to appear in Sacramento, California for his deposition with at least 10 days notice to counsel. Defense counsel shall then notify the court whether or not plaintiff appears at his deposition.(Plummer, M)
December 23, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 12/23/08 ORDERING that the findings and recommendations 188 are adopted in full; and Plaintiff's request for injunctive relief and an order directing Attorney General Mukasey to take action to investigate plaintiff's allegations of prison rape is DENIED. (Becknal, R)
January 16, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/15/2009 ORDERING the clerk to send pltf a copy of the docket sheet. (Yin, K)
January 20, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 01/20/2009 DENYING motions for reconsideration of, responses to and objections to the Magistrate's Orders [230, 234, 241,242,258, 260, 261, 262 ] and AFFIRMING Magistrate Judge's Orders of November 25, 2008 221 and December 3, 2008 229 and December 23, 2008 250. IT IS FURTHER ORDERED that Plaintiff SHALL make himself available for his deposition in Sacramento, California, either on January 21-22, 2009 or January 29-30, 2009. (Streeter, J)
February 9, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 02/06/09 ordering defendants shall file a status report regarding plaintiff's deposition and their pending motion for dismissal sanctions within 10 days of the date of this order. ( Dispositive Motions due by 5/11/2009.) (Plummer, M)
February 27, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 2/27/09 ORDERING that dfts' 294 request for additional time to submit a status report is DENIED; and dfts' 240 motion for sanctions is DENIED w/out prejudice to dfts' ability to bring a new motion for sanctions, if appropriate, w/in 30 days. (Yin, K)
March 16, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/13/09: The motions for reconsideration are denied as untimely 197, 204. (Kaminski, H)
March 16, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/16/2009 DENYING plaintiff's 208 Motion for Reconsideration of 201 Order. The Court further directs plaintiff to Magistrate Judge's 185 Order of 9/16/2008. (Marciel, M)
May 11, 2009
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ORDER signed by Judge Magistrate Judge Craig M. Kellison on 5/11/2009 ORDERING Plaintiff shall, within 30 days of the date of service of this order, producethe documents Defendants requested in their deposition notice to defense counsel, at the Office of the AG, Sacramento, CA, for inspection and/or copying, as outlined; Defense counsel shall notify Pltf, by way of filing and serving a notice of unavailability, within 10 days of the date of service of this order; Defense counsel shall notify the court that Pltf's documents were received, within 10 days of Pltf's production; Pltf's 210, 323 duplicative motions to compel are DENIED as untimely; Pltf's motions for sanctions and/or mistrial will be considered, if appropriate, after Pltf complies with this court order; and The court sua sponte resets the dispositive motion deadline, to 8/17/2009. (Reader, L)
May 12, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/11/09: The Clerk is directed to strike the complaint filed March 2, 2009 (Doc. 297) from the docket in this action. The Clerk is directed to use that compliant to open a new civil action, and randomly assign this new case as appropriate. Plaintiff's request for a related case order is denied. (Kaminski, H)
June 9, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/08/09 ordering to the extent plaintiff's objections are an attempt to request a protective order as to the documents to be produced, this request 336 is denied. (Plummer, M) Modified on 6/9/2009 (Plummer, M).
July 6, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/2/09 ORDERING that the 340 Motion for Reconsideration is DENIED. The 339 Order is AFFIRMED. No further motions for reconsideration of this order will be considered. (Engbretson, K.)
July 9, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 07/08/09 denying 318 Motion for dismissal sanctions. Defense counsel shall show cause in writing within 20 days why monetary sanctions should not be imposed for failure to follow a court order. The clerk of the court is directed to provide plaintiff with a copy of the docket sheet report from 04/01/08 to present. Plaintiff shall file a status report as detailed above within 30 days of the date of this order. Defendants shall file a status report as detailed above within 20 days of the date plaintiff's status report is filed. (Plummer, M)
November 19, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/17/09 ORDERING that this case is set for a settlement conference on 1/20/10 at 8:00 a.m. at the Ronald Reagan Federal Building & U. S. Courthouse, 411 West Fourth Street, Courtroom 9D, Santa Ana, California 92701. Parties are directed to provide confidential settlement conference statements to Sujean Younger, ADR and Pro Bono Program Director, so that they arrive no later than 12/20/09. (cc ADR)(Dillon, M)
November 19, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/17/09 ORDERING that 373 Motion to Stay is DENIED. The court finds it appropriate to modify the schedule for this case. In the event this case does not settle at the settlement conference, a new dispositive motion deadline is set for 2/22/09. (Dillon, M)
January 11, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 01/08/10 ordering the settlement conference set in this case is continued from 01/20/10 at 8:00 a.m. to 01/27/10 at 9:00 a.m. at the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fourth Street, Courtroom 9d, Santa Ana, California 92701. Either CDCR General Counsel Benjamin Rice of Chief Deputy General Counsel Stephanie Clauss shall be personally present at the settlement conference. The clerk's office shall serve by fax a copy of this order on Benjamin Rice, General Counsel for the California Department of Corrections and Rehabilitation, and Stephanie Clauss, Chief Deputy General at 916-327-5306. (Copy served on Benjamin Rice and Stephanie Clauss by fax)(Plummer, M)
January 15, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/15/10 DENYING 189, 214, 215, 223, 224, 227, 239, 247, 248, 265, 269, 270, 274, 282, 283, 289, 298, 302, 310, 315, 321, 322, 324 and 330 Plaintiff's requests and/or motions for discovery sanctions of default judgment. Defendants are required to file a response informing the court and plaintiff the status of the production of documents responsive to his 210 request for production of documents (set one, number ten). Defendants are required to file a response, within 30 days of the date of this order, to: 213 Plaintiff's request for a copy of Sgt. Sherer's confidential memorandum; 216 Plaintiff's request for Lt. DeSantis' CDC 1030 disclosure form and Sgt. Dixon's investigation report; 252 Plaintiff's claim that he requested an administrative segregation file, not the administrative log that was produced; 255 Plaintiff's claim that the job description produced was different from the job description he requested; and 337 Plaintiff's claims regarding the re-writing of his 2/2/05 classification chronos. Defendants are to produce any document the court previously ordered to be produced (pursuant to 185 Order), within 10 days of the date of this order. Defendants are required to file a response to plaintiff's recent filings 368 and 369 regardng failure to produce as required. Plaintiff's 349 request for protective order and 365 Request for the court to acknowledge a document as genuine are DENIED. Plaintiff's 366 Request for time to respond to requests for continuances is GRANTED. (Donati, J)
February 3, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 2/2/2010 ORDERING that these proceedings are administratively STAYED for 90 days; and the dispositive motion deadline is VACATED.(Yin, K)
February 18, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 02/18/10 ordering plaintiff's request for subpoena and the declaration 391 will be disregarded. Plaintiff shall refrain from filing any additional documents with the court during the pendency of the stay. (Plummer, M)
October 22, 2010
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ORDER denying 417 Motion to Stay signed by Magistrate Judge Craig M. Kellison on 10/22/10. (Plummer, M)
October 22, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/22/10 granting 405 Motion for a copy of his central and medical file. Plaintiff's central and medical files shall not be destroyed until after the completion of this case and any appeals therefrom. Defendants shall produce a copy of plaintiff's central file in the exact manner in which it is maintained by CDCR, including the file folder and the date stamp on the back side of the documents within 30 days of the date of service of this order. As an alternative, defendants may produce the original central file for plaintiff's inspection, at a location convenient to plaintiff, for plaintiff to inspect and request copies of specific documents, within 30 days of the date of service of this order. Any objection to the production of the redacted copies of the confidential memorandums shall be filed within 10 days of the date of service of this order. Defendants other responses to the court's prior order, and supplemental responses contained there, are sufficient, and no further response is required.. (Plummer, M)
November 4, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/02/10 denying 419 Motion for Extension of time. The clerk of the court is directed to strike the motion for summary judgment 422 from the docket as untimely filed. (Plummer, M)
November 4, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/03/10 granting 423 Motion for in camera review of confidential memorandums. Defendants shall produce unredacted versions of the confidential memorandums to the court within 15 days of the date of this order, for the court to conduct an in camera review. Once the court has reviewed the documents in camera, the court will issue an order providing the parties notice of the court's findings and determination as to whether an unredacted version of the confidential memorandum(s) is to be produced to plaintiff. (Plummer, M)
December 13, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 12/10/10: The motion for reconsideration is GRANTED 434. The Magistrate Judge's November 4, 2010, order is REVERSED 428. Defendant's motion for an extension of time is GRANTED 419. Defendant's motion for summary judgment is considered timely filed 422. The plaintiff SHALL file an opposition or statement of non-opposition within twenty-one (21) days of the issuance of this order, pursuant to Local Rule 230(l). (Kaminski, H)
December 30, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/29/10 granting 447 Motion for Extension of time. Plaintiff may file his response to the motion for summary judgment within 45 days of the date of this order. Plaintiff's request for clarification 448 is granted as far as this order provides clarification as to when his opposition to the motion for summary judgment is due. Plaintiff's requests for subpoenas are denied as moot, immaterial and for lack of clarity. (Plummer, M)
December 30, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/29/10 ordering plaintiff's request for sanctions 426 is denied. Defendants request for an extension of time to file an opposition 427 is denied. (Plummer, M)
January 3, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 01/03/11 ordering the court is inclined to require an unredacted copy of the confidential reports submitted to the court for an in camera reveiw, be provided to plaintiff.If the defense has additional reasons, specific to the information contained in these reports, why an unredacted copy should not be provided to plaintiff they may file a notice to be heard on or before 01/07/10. If the defense files a notice to be heard, a (Telephonic Hearing will be held on 1/19/2010 at 11:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison.) If no notice to be heard is timely filed, the court will issue an order for plaintiff to be provided an unredacted copy of each confidential report provided to the court for review. (Plummer, M)
January 13, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/13/2011 GRANTING defendants' 452 Motion for Telephonic Hearing of 451 Order. A telephonic hearing is set for 1/19/2011 at 11:00 AM in Redding, California. Defense counsel directed to initiate conference call with plaintiff to be connected with Court. (Marciel, M)
January 20, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 01/19/11 ORDERING plaintiff is entitled to receive a complete and unredacted copy of the 3 documents at issue, submitted to the court under seal 431 for in camera review. Defense counsel is directed to provide the plaintiff with a clean, complete, unredacted copy of each of the 3 documents at issue. The clerk of the court is directed to send plaintiff a copy of the documents filed under seal 431 for in camera review. Plaintiff is directed not to share those documents with any other person, including other inmates, with the exception of his attorney and the 2 subject inmates. Plaintiff's request for a ruling on the in camera review 453 is granted. Plaintiff's request for sanctions 455 is denied. Plaintiff's request for the court to obtain and keep his central file 446 is denied. The clerk of the court is directed to keep the documents previously filed under seal 431 sealed. The clerk of the court is further directed to seal the original submission of these documents (Document 411-10 and plaintiff's response to the hearing 453 as containing the names of the inmates interviewed.(Plummer, M)
March 10, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 03/09/11 ordering plaintiff's request for additional discovery 460,463 is denied. Plaintiff's request for an extension of time 464 is granted. Plaintiff may file his opposition to defendants' motion for summary judgment and/or his own motion for summary judgment within 30 days of the date of this order. (Plummer, M)
September 4, 2012
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ORDER signed by Judge Lawrence K. Karlton on 08/31/2012 ORDERING Motions construed as Motions for Reconsideration 386 406 410 416 are DENIED; the magistrate judge's 1/15/2010 order is AFFIRMED; No further motions for reconsideration of this order, or additional requests for dismissal sanctions on these facts, will be considered; and plaintiff's request for the recusal of Magistrate Judge Kellison is DENIED. (Waggoner, D)
September 5, 2012
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ORDER signed by Judge Lawrence K. Karlton on 9/5/2012 DENYING plaintiff's 459 Motion for Reconsideration. Magistrate Judge Craig M. Kellison's 1/20/2011 458 Order is AFFIRMED and NO FURTHER Motions for Reconsideration of this Order will be considered. (Marciel, M)
October 18, 2013
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and Marshall; Defendants motion should be denied as to defendant Cooper; Plaintiffs motions for sanctions and miscellaneous relief based on defendants alleged dishonesty be denied; and this action continue as to defendant Cooper only as to plaFINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/18/13 RECOMMENDING that 422 Motion for Summary Judgment be granted in part and denied in part; Defendants motion should be granted as to defendants DeSantis, Riley,intiffs claim that defendant Cooper failed to honor his medical chronos for an extra blanket and tennis shoes. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
November 4, 2013
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/01/13 ordering the motion for sanctions 527 currently set for hearing on 11/20/13 is taken off calendar. No action will be taken on the pending motion for sanctions until the District Court rules on the pending findings and recommendations. (Plummer, M)
March 21, 2014
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/21/2014 DENYING plaintiff's 540 motion for a stay of these proceedings. (Yin, K)
August 14, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/14/2014 ORDERING 526 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 536 Motion for Reconsideration is construed as objections to the Findings and Recommendations; Defendant's motion for summary judgment is GRANTED IN PART AND DENIED IN PART; Defendants' motion is GRANTED as to defendants DeSantis, Riley, and Marshall; Defendants' motion is DENIED as to defendant Cooper; Clerk is directed to enter judgment in favor of defendants DeSantis, Riley, and Marshall; This case shall continue as to defendant Cooper only as to plaintiff's claim that defendant Cooper failed to honor his medical chronos for an extra blanket and tennis shoes; plaintiff's 527 motions for sanctions and miscellaneous relief based on defendants' alleged dishonesty are DENIED; and plaintiff's 542 Motion for Reconsideration is DENIED. (Waggoner, D)
August 22, 2014
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ORDER signed by Magistrate Judge Craig M. Kellison on 08/21/14 ordering plaintiff's status report shall be filed and served within 30 days from the date of service of this order. Defendant's status report shall be filed within 30 days after service of plaintiff's status report. (Plummer, M)
January 13, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/13/2015 GRANTING plaintiff's 550 motion for additional time to file his status report; plaintiff shall file his status report, as required by the 8/22/2014 order, within 30 days; defendant's status report shall be filed within 30 days after service of plaintiff's status report; plaintiff's 548, 551 motions for appointment of counsel are DENIED; and plaintiff's 546, 549 motions for the undersigned to review the case records and evidence are DENIED as the issue of spoliation has already been addressed and denied by the district court. (Yin, K)
April 28, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 4/27/2015 ORDERING that plaintiff's status report shall be filed and served on or before 6/1/2015; and defendant's status report shall be filed and served on or before 7/1/2015, regardless of whether plaintiff has filed a status report.(Yin, K)
May 14, 2015
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ORDER signed by Judge John A. Mendez on 5/14/15 ORDERING that the Motion for Reconsideration 553 is DENIED. (Mena-Sanchez, L)
September 9, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/9/2015 ORDERING a Settlement Conference set for 9/24/2015 at 11:00 AM in Courtroom #5, US District Court, Central District of California, 411 West Fourth Street, Santa Ana, CA 92701 before Magistrate Judge Victor E. Bianchini. A representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants' behalf shall attend in person. (cc US Magistrate Bianchini) (Donati, J)
December 15, 2015
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/15/2015 ORDERING that plaintiff's 571 motion for a new settlement conference date is DENIED; plaintiff's 561, 573 requests for appointment of counsel or referral to the pro bono clinic are DENIED; plaintiff's 560 request to be excluded from the time restrains set forth in Local Rule 230 is DENIED; plaintiff's 564 motion to seal the docket in this case is DENIED; defendant's 563 request for additional time to respond to plaintiff's motion for adverse inference is GRANTED and the opposition thereto is deemed timely filed; and plaintiff's 559 motion for adverse inference regarding destruction of documents is DENIED. (Yin, K)
January 11, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/11/2016 GRANTING defendants' 568 motion for additional time to file the status report. Plaintiff shall file and serve his pre-trial statement, and any motions to obtain trial witnesses, on or before 3/7/2016. Defendants shall file their pre-trial statement on or before 3/21/2016. A pre-trial conference, as described in Local Rule 282, shall be conducted by Magistrate Craig M. Kellison, on the file only, following submission of the pre-trial statements. A Jury Trial is set for 5/16/2016 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Yin, K)
March 18, 2016
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ORDER denying 578 Motion for Reconsideration signed by District Judge John A. Mendez on 3/17/16: The Magistrate Judge's December 15, 2015, order is affirmed. No further motions for reconsideration of this order will be considered. (Kaminski, H)
April 11, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 04/08/16 ordering the trial date of 5/16/16 is vacated and ( Jury Trial re-set for 8/29/2016 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.) Plaintiff shall show cause in writing within 30 days of the date of this order, why this action should not be dismissed for failure to file a pretrial statement as directed. (Plummer, M)