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07-790 - (PC) Rios v. Tilton, et. al.


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07-790 - (PC) Rios v. Tilton, et. al.
May 1, 2007
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ORDER signed by Judge Dale A. Drozd on 4/30/07 ORDERING that within 30 days Pltf shall submit a certified copy of his prison trust account statement. Failure to comply with this order will result in a recommendation that this action be dismissed. (Engbretson, K.)
March 6, 2008
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plaint is appropriate for the following defendants: J. E. Tilton, T. Lockwood, K. Brandon, G. Parker, and J.E. Mayfield. The Clerk shall send plaintiff five USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed 4/25/07. Plaintiff to submit all necessary documents within thirty days from the date of this order. (Duong, D)ORDER signed by Magistrate Judge Dale A. Drozd on 3/6/08 ORDERING that plt's 7 application to proceed in forma pauperis is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350 for this action. Plaintiff is assessed an initial partial filing fee of $0.53. All fees shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Service of the com
April 3, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 04/03/08 GRANTING 11 Request for extension of time; submission of documents due within 30 days. (Manzer, C)
April 25, 2008
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ORDER DIRECTING USM to serve process on defendants J.E. Tilton, Timothy M. Lockwood, K. Brandon, G. Parker, and J. E. Mayfield signed by Magistrate Judge Dale A. Drozd on 4/24/08. Documents forwarded to US Marshal Services: 1 issued Summons, 5 USM-285 forms, 6 copies of 4/25/07 Complaint, and 5 copies of service process order. Clerk shall serve plaintiff a copy of Local Rules of Court. (Marciel, M)
June 23, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/23/08 GRANTING 17 Request for extension of time; responsive pleading due on or before 07/30/08. (Manzer, C)
August 21, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 8/21/08 ORDERING pltf's request for an extension of time 20 is GRANTED. Pltf shall file his opposition to dfts' motion to dismiss on or before 9/25/08. (Carlos, K)
September 23, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/23/08 ORDERING thatDefendants are granted an additional four days to file a reply brief in support of their motion todismiss. (Streeter, J)
October 3, 2008
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/02/08 DENYING 25 Request for appointment of counsel filed by Reno Fuentes Rios. (Streeter, J)
January 26, 2009
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 01/23/09 recommending that defendants' 07/25/08 motion to dismiss 19 be granted in part and denied in part as follows: Defendants' motion to dismiss for failure to state a cognizable claim against defendants Tilton and Lockwood be denied. Defendants' motion to dismiss for failure to state a retaliation claim against defendant Mayfield be denied. Defendants' motion to dismiss for failure to state a due process claim against defendant Mayfield be granted. Motion 19 referred to Judge William B. Shubb. Objections due within 15 days. (Plummer, M)
March 3, 2009
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 30, in full, signed by Judge William B. Shubb on 3/2/2009. Defendants' 19 Motion to Dismiss is GRANTED in part and DENIED in part - failure to state a cognizable claim against defendants Tilton and Lockwood is DENIED; failure to state a retaliation claim against defendant Mayfield is DENIED; and for failure to state a due process claim against defendant Mayfield is GRANTED. (Marciel, M)
August 19, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/19/09 denying motions for appointment of counsel 34, 41. (Plummer, M)
March 26, 2010
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DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 3/25/2010: Discovery due by 7/1/2010; All Pretrial Dispositive Motions, except motions to compel discover, due by 9/30/2010; Pretrial Conference and Trial dates to be set as appropriate. (Yin, K)
March 26, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/25/2010 ORDERING that discovery due 7/1/10; Dispositve Motions due 9/30/10; dfts' 45 motion for summary judgment is DENIED w/out prejudice; pltf's 50 motion to strike is DENIED as moot; pltf's 48 motion for an extension of time to file an opposition is DENIED as moot; pltf's 35 motion to compel discovery and for a protective order are DENIED w/out prejudice, pltf's 35 motion for a hearing is DENIED as moot; pltf's 39 motion for discovery is DENIED w/out prejudice; dfts' 53 motion for protective order staying discovery is DENIED as moot; dfts' 56 motion for an extension of time to respond to pltf's discovery requests is GRANTED in part, dfts to provide responses w/in 28 days. (Yin, K)
June 21, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/18/10 denying 62 plaintiff's motion. (Plummer, M)
July 9, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/8/2010 ORDERING that Discovery is EXTENDED to 8/20/2010, any motion to compel to be filed by that date; Dispositive Motions deadline is EXTENDED to 11/19/2010; Dfts to, on or before 7/20/2010, serve pltf w/ full discovery responses; any further request by dfts for an extension of time to respond to pltf's disvovery requests will be viewed w/ disfavor. (Yin, K)
September 24, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2010 ORDERING that pltf's 71 motion for discovery is GRANTED in part and DENIED in part; pltf's 71 motion for leave of court to amend the cmplt is DENIED; pltf's 76 motion for protective order is DENIED w/out prejudice; pltf's 74 request for an extension of time is DENIED as moot; pltf's 70 motion to appoint counsel denied w/out prejudice; pltf's 75 motion to strike dfts' amended motion for summary judgment is GRANTED; dft's 67 amended motion for summary judgment is VACATED w/out prejudice to the filing of a "second amended motion for summary judgment". (Yin, K)
December 16, 2010
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n, and shall file such opposition or statement ofnonopposition; Plaintiff may, within 14 days after service of defendants opposition, file a reply; and 85 Motion for Extension of time is GRANTED; the deadline for filing an opposition to defendants ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/10 ORDERING that defendants shall, within 21 days after the filing date of this order, show cause why they should not be sanctioned for failure to file an opposition to plaintiffs 82 motiomotion for summary judgment is suspended until further order of this court.. (Dillon, M)
March 7, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/11 DENYING without prejudice 82 Motion to compel discovery; the 86 order to show cause is DISCHARGED; Defendants shall, within 14 days, notify the court whether they have relied, or intend to rely, on any confidential information other than that identified in their supplemental response to demonstrate the appropriateness of plaintiffs gang validation and, if applicable, shall identify such references in their motion for summary judgment, exhibits thereto, and/or reply; alternatively, defendants shall notify the court that they do not rely on any confidential information that was not disclosed pursuant to their supplemental response.(Dillon, M)
August 23, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/22/11 RECOMMENDING that 83 motion for summary judgment be granted in part and denied in part; and this action should proceed only on plaintiffs retaliation claim against defendant Mayfield; summary judgment should be granted for all other defendants on all remaining claims; referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
October 19, 2011
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ORDER signed by Judge William B. Shubb on 10/18/2011 ADOPTING 96 Findings and Recommendations in full; GRANTING IN PART and DENYING IN PART 83 Motion for Summary Judgment. This action will proceed only on plaintiffs retaliation claim against defendant Mayfield; Summary Judgment is GRANTED for all other defendants on all remaining claims. Defendants G. Parker, J.E. Tilton, K. Brandon and Timothy M. Lockwood are TERMINATED. (Michel, G)
November 1, 2011
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ORDER signed by Judge William B. Shubb on 10/28/11 DENYING 101 Motion for Reconsideration. (Meuleman, A)
November 2, 2011
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ORDER denying 102 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 11/01/11. (Plummer, M)
December 13, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/2011 ORDERING that plaintiff's 107 request for appointment of counsel is DENIED, without prejudice; and plaintiff's 108 motion to "stay" is GRANTED as to the 11/2/11 Further Scheduling Order is VACATED pending further order of this court. (Yin, K)
April 23, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 Plaintiffs March 30, 2012 motion to stay this action 117, is denied as moot; The deadlines set forth in this courts March 19, 2012 Further Scheduling Order 116, shall remain in effect absent further order of this court; and the court will duly consider a further motion for appointment of counsel, particularly if filed and served by plaintiff within fourteen (14) days after service of this order.(Dillon, M)
May 23, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/12 ORDERING that the pretrial and trial dates currently set forth in the Further Scheduling Order filed March 19, 2012, are VACATED pending further order of this court. The 120 Motion to Appoint Counsel is GRANTED. The Clerk of Court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept this appointment for the purpose of pursuing this action on plaintiffs behalf through all pretrial and trial proceedings. (cc ADR). (Dillon, M)
June 7, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/2012 ORDERING that plaintiff's 122 motion is DENIED in its entirety. (Yin, K)
June 7, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/2012 ORDERING that Stephen Duvernay, Ashley Holland Joyce and Alexander M. Medina are APPOINTED as counsel for Reno Fuentes Rios, contingent on plaintiff executing the engagment letter and returning it to appointed counsel; and the clerk is directed to serve a copy of this order on Duvernay, Joyce, and Medina. (cc: ADR) (Yin, K)
June 29, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/28/12 ordering that within 30 days after the filing date of this order, counsel for both parties shall file a joint statement indicating whether a settlement conference should be scheduled in this action and, if so, whether the parties agree that the undersigned may preside over the conference or request that another magistrate judge do so. (Plummer, M)
August 3, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/12 ORDERING that the parties are directed to file, within 14 days after the filing date of this order, a joint statement that identifies: (1) the anticipated length of trial; and (2) any dates within the next year when any party may be unavailable for trial or a trial confirmation hearing.(Dillon, M)
October 26, 2012
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ORDER signed by Judge William B. Shubb on 10/24/12 ORDERING that within 30 days, plaintiff shall file the attached notice of election form indicating whether he wishes to re-open the Motion for Summary judgment. Failure to timely respond to this order shall be deemed plaintiff's waiver to the defects in the timing of the notice of the motion for summary judgment, and this case will proceed to trial as scheduled. (Benson, A.)
December 4, 2012
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ORDER signed by Senior Judge William B. Shubb on 11/28/12 ORDERING that the 8/23/11 FINDINGS and RECOMMENDATIONS 96 and the 10/19/11 100 Order Adopting Findings and Recommendations are VACATED in part. Defendants' 11/19/10 MOTION for SUMMARY JUDGMENT 83 shall remain DENIED in part; however the Court VACATES the portion of its order granting in part Defendants' prior Motion for Summary Judgment. Within thirty days after service of this order, defendants shall file a new Motion for Summary Judgment, as circumscribed herein, accompanied by the attached notice. The 9/11/12 Further Scheduling Order 130, is VACTED, as are the deadlines for filing pretrial statements, the 3/1/13 Pretrial Conference, and the 5/14/13 Jury Trial; a revised scheduling order will be issued after resolution of defendants' renewed Motion for Summary Judgment. (Mena-Sanchez, L)
January 29, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/28/2013 ORDERING that attorneys Medina and Duvernay's 136 request to withdraw their representation of plaintiff in this action is GRANTED; the request to appoint attorneys Todd Michael Noonan and Regina Cabral Jones to represent plaintiff, together with current counsel Ashley Joyce is GRANTED, however the request to appoint Megan Sammut is DENIED without prejudice, pending her admission to practice in this court; and the Clerk is directed to modify the docket to reflect this substitution of counsel. (Yin, K)
August 27, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/26/13 RECOMMENDING that 134 MOTION for SUMMARY JUDGMENT be granted in part and denied in part; Summary judgment should be granted for defendants Tilton and Lockwood, who should be dismissed from this action. Summary judgment should be denied for defendants Brandon, Parker, and Mayfield. This action should proceed on plaintiffs due process claims against defendants Brandon and Parker, and plaintiffs retaliation claims against defendants Parker and Mayfield. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
October 29, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/13 ORDERING that Discovery, previously closed by this Court on March 16, 2012, is hereby reopened for the limited purpose of Plaintiff deposing Defendants Mayfield, Parker, and Brandon, and a Federal Rule of Civil Procedure (Rule) 30(b)(6) witness on California prison policies and procedures for classifying gang associates and for removing names from the gang associate list. Plaintiff may also, for the Rule 30(b)(6) witness, serve a subpoena duces tecum for production of all written policies, procedures, and guidelines, etc., for validating someone as a gang member and for removing someone from the gang associate list. The Parties shall make reasonable efforts to take and conclude the depositions in Sacramento by the end of 2013. (Dillon, M)
November 15, 2013
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ORDER signed by Senior Judge William B. Shubb on 11/15/2013 ADOPTING in full 141 Findings and Recommendations; GRANTING 134 Motion for Summary Judgment for Defendants Tilton and Lockwood; DISMISSING Defendants Tilton and Lockwood from this action; DENYING 134 Motion for Summary Judgment for Defendants Brandon, Parker, and Mayfield; ORDERING that this action proceed on Plaintiff's due process claims against Defendants Brandon and Parker, and on Plaintiff's retaliation claims against Defendants Parker and Mayfield. (Michel, G)
November 18, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/13 ORDERING that on or before January 31, 2014, the parties shall file a joint statement informing the court of the following whether a settlement conference should be scheduled in this action. (see order for details)(Dillon, M)
January 8, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ashley Joyce is GRANTED. (Crouch, J)
January 31, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 01/31/14 ordering the parties stipulation for extension of time 148 to file a joint statement is granted. The joint statement previously required by this court to be filed by 1/13/14, is hereby required to be filed by 02/21/14. (Plummer, M)
April 30, 2014
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Desk. (cc: OTCD)(Mena-Sanchez, L) Modified on 5/8/2014 (Michel, G).[VACATED - See 153 Amended Order and Writ of Habeas Corpus Ad Testificandum Issued] ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/30/14. ORDERING the Custodian to produce Inmate Reno Fuentes Rios, CDCR No. E-33173, a necessary and material witness in proceedings in this case to appear in person before the Honorable Kendall J. Newman at the U.S District Court, Eastern District of California, 501 I Street, Sacramento, CA Courtroom No. 25, on Tuesday, 5/20/14, at 9:00 a.m. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. The Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court
May 8, 2014
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AMENDED ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 5/8/2014 VACATING 152 Order and Writ of Habeas Corpus Ad Testificandum Issued; ORDERING the Warden to produce Inmate Reno Fuentes Rios, CDCR No. E-33173, to appear by video-conference at Kern Valley State Prison before the United States District Court on 5/20/2014 at 09:00 AM until completion of the proceedings or as ordered by the court; ORDERING the Warden to notify the court of any change in custody of said inmate and to provide the new custodian with a copy of this writ. (cc: Sacramento IT) (Michel, G)
June 25, 2014
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ORDER signed by Senior Judge William B. Shubb on 06/25/14 ordering that the clerk of the court reassign this case to the Honorable Kendall J. Newman. The parties shall take note that all documents hereafter filed with the Clerk of the Court shall bear case number CIV-S 07-790 KJN. All currently scheduled dates presently set before Judge Shubb are hereby vacated. (cc: WBS)(Plummer, M)
September 16, 2014
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STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 9/15/2014 APPROVING the parties stipulation to the provisions of this protective order that apply to the confidential materials as described in this order. The provisions of this order shall remain in force and effect until further order of this Court. (See Order for Details)(Yin, K)
October 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/14 ordering the request to seal plaintiff's brief addressing the reliability of the source items used to validate plaintiff as a gang associate is granted. (Plummer, M)
October 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/14 ordering the request to seal all of the confidential source items and Fischer's declaration is granted. (Plummer, M)
November 3, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/3/14 ORDERING that Defendants counsel is hereby directed to serve, and file under seal, on or before Friday, November 21, 2014, a substantive response to plaintiffs sealed Brief Addressing the Reliability of the Source Items. Defendants response shall address the applicable law and plaintiffs concerns regarding each source item, including the reliability of each source item and the informant, but in addressing each item shall rely only on the information originally contained in each source item or considered by the Committee when validating plaintiff as a prison gang associate.(Dillon, M)
November 25, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/25/14 ORDERING that the 179 request to seal is GRANTED.(Dillon, M)
January 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/15 ordering that plaintiff may proceed with his retaliation claims against defendants Parker and Mayfield. Plaintiff will be permitted to call prisoner Asofa Tafilele as a witness at trial. The court hereby reopens discovery for 60 days for the limited purpose of allowing defendants to take Mr. Tafilele's deposition if they so choose. Plaintiff will not be permitted to obtain visitor log records for the administrative segregation unit at CSP-SAC for the dates of June 7 and 8, 2006, as it appears to the court that plaintiff has waited too long to reopen discovery for the purpose of obtaining these documents, and the additional potential discovery that they would necessitate. The parties are to brief the court regarding the following matters, and any others that they believe will be helpful to conducting trial in this matter. Plaintiff is directed to file his initial brief no later than 60 days after docketing of this order. Defendants are directed to file their opposition no later than 45 days thereafter. Plaintiff may file a reply no later than 14 days after the filing of defendants' opposition. (See order for further details)(Plummer, M)
February 26, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/26/15 ordering for the reasons set forth above, the court declines to modify its order filed on 1/22/15. (Plummer, M)
March 24, 2015
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/15 ordering the parties jointly stipulate and the court approves a 45 day extension of the discovery deadline from the court's 1/22/15 order. (Plummer, M)
January 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/2016 ORDERING the jury trial will be bifurcated into two phases: a liability phase and, if one or more defendants are found liable, a remedies phase. Within 30 days, the parties shall file statements with the court indicating the dates on which they are available for trial in 2016 and their best estimate as to the length of trial. (See Order for Details)(Yin, K)
March 11, 2016
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/9/16 ORDERING that defendants shall, within 7 days after the filing date of this order, show cause why they should not be sanctioned for failure to file a trial availability statement as required by the courts January 1, 2016 and January 20, 2016 orders (ECF Nos. 201 & 204), and shall file such statement.(Dillon, M)
May 16, 2016
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ORDER Re: Trial Procedures in Remedies Phase, signed by Magistrate Judge Kendall J. Newman on 5/13/2016 ORDERING that the 1/4/2016 Order (ECF 201 at 26,30) is AMENDED; Further Pretrial Conference set for 7/20/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; at least 14 days before the 7/20/2016 conference the parties shall file a supplemental briefing; Reply Briefs, if any, shall be filed within 5 days thereafter; to the extent the parties' briefs discuss or reveal confidential information, the briefs may be filed under seal.(Reader, L)
July 28, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/28/16 ORDERING that the court grants the request to seal these documents. (Dillon, M)
October 13, 2016
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 10/13/2016 ORDERING the custodian to produce Reno Fuentes Rios E-33173, to testify in USDC at 9:00 a.m. on 10/28/2016 in courtroom #25, before Magistrate Judge Kendall J. Newman; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (3 Certified copies served on CSP-Calpatria Warden.) (Yin, K) Modified on 10/13/2016 (Yin, K).
November 8, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/3/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Jacquelyn Loyd is GRANTED. (Crouch, J)
November 18, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2016 VACATING the 12/15/2016 hearing before Magistrate Judge Kendall J. Newman. Within 14 days, plaintiff shall file a statement of opposition or nonopposition to counsel's 265 motion to withdraw. The Clerk shall serve a copy of this order on plaintiff.(Yin, K)
March 22, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2017 DENYING without prejudice plaintiff's 280 motion for preparation of transcripts at government's expense. (Yin, K)
March 23, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/17 ordering defendants' application for deposition costs 264 is granted; and plaintiff is taxed $1,487.03 in costs. (Plummer, M)
June 28, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/2018 ORDERING the Clerk of Court to email to plaintiff's appellate counsel the following sealed documents: 176, 177, 182, 184, and 218. Plaintiffs appellate counsel shall not in any way release such documents to the public, and shall not release such documents in any way to plaintiff without an order of permission from the Court of Appeals for the Ninth Circuit in Case No. 16-17213. (Henshaw, R)