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07-2290 - (PC) Manago v. Williams, et al


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07-2290 - (PC) Manago v. Williams, et al
November 26, 2007
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ORDER signed by Judge Kimberly J. Mueller on 11/21/07 ORDERING that within 30 days Pltf shall submit an affidavit in support of his request to proceed IFP or the appropriate filing fee. The Clerk is directed to send Pltf a new IFP application. (Engbretson, K.)
May 23, 2008
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/23/2008 GRANTING 4 Pltf's request for leave to proceed IFP. Pltf is obligated to pay the statutory filing fee of $350 for this action. Pltf is assessed an initial partial filing fee of $14.64. All fees shall be collected and paid in accordance with this court's order to the Director of the CDCR filed concurrently herewith. Further proceedings on this case are hereby STAYED until the resolution of the motion to dismiss in Civ. No. 04-1712. Plaintiff is directed to notify the court within 30 days of the resolution of that motion and to file a request that the stay be lifted. (Reader, L)
June 5, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 06/04/08 RECOMMENDING that the 6 Motion for Preliminary Injunction be denied. Objections to these F and Rs are due w/i 20 days; referred to Judge Lawrence K. Karlton. (Benson, A)
June 17, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 6/16/08 AFFIRMING magistrate judge's 7 Order. (Anderson, J)
July 11, 2008
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/10/08 ORDERING the Findings and Recommendations 8 are ADOPTED IN FULL. Pltf's request for a preliminary injunction 6 is DENIED. (Carlos, K)
July 11, 2008
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[DISREGARD] ORDER signed by Senior Judge Lawrence K. Karlton on 7/10/08 ORDERING the Findings and Recommendations 8 are ADOPTED IN FULL. This action is DISMISSED. CASE CLOSED.(Carlos, K) Modified on 7/11/2008 (Carlos, K).
April 6, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/6/09 ORDERING that the stay imposed by the courts 7 order is LIFTED.(Dillon, M)
May 12, 2009
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ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Kimberly J. Mueller on 5/12/09. Service is appropriate for Brad Williams, Jim Chapman, R. Hill, S. Vance, S. Shannon, B. Joseph, C. Gold, R. Garcia, J. Tenseth, J. Watcher, R. Marrow, W.S. Laffitte, Mary Brockett, M. Jaffe, K. Kelly, J. Martin, and H. Stabbe.(Dillon, M)
July 13, 2009
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ORDER DIRECTING USM to serve * Amended Complaint * filed on * 11/26/2008,* on * S. Vance(Facility Captain, CSP-Sacramento), R. Garcia, J. Tenseth, J. Watcher, R. Marrow, W. S. Laffitte, Mary Brockett, M. Jaffe, K. Kelly, J. Martin, H. Stabbe, Brad Williams, Jill Chapman, R. Hill, S. Shannon, B. Joseph, C. Gold* signed by Magistrate Judge Kimberly J. Mueller on 7/8/2009. Service Deadline set for 11/13/2009. (Matson, R)
December 18, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/17/2009 ORDERING the Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of 20 the amended complaint; and within 60 days from the date of this order, pltf shall complete and submit the attached Notice of Submission of Documents to the court. (Reader, L)
January 15, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 01/14/10 ORDERING the motion to serve the amended complaint 26 is denied. CDCR will file a response to the allegation that plaintiff's injuries are not being treated, as alleged in his motion for special hearing 34, no later than 5 days after the date of this order. The clerk of the court shall serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. The court requests that, within 10 days of the date of this order, CDCR provide the court and plaintiff with the current mailing address of W.S. Lafitte, if it is on record with CDCR. Also, RECOMMENDING that the motion for a preliminary injunction 23 be denied as moot. Motion for Preliminary Injunction 23 referred to Judge Lawrence K. Karlton. Objections due within 21 days. (cc: Monica Anderson, Attorney General)(Plummer, M)
January 28, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 01/27/10 recommending that the motion for special hearing 34, construed by the court as a motion for injunctive relief be denied. MOTION 34 referred to Judge Lawrence K. Karlton. Objections due within 21 days. (Plummer, M)
February 24, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/24/10 DENYING 23 Motion for Preliminary Injunction; the Court declines to adopt the 55 findings and recommendations. (Manzer, C)
February 26, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/25/2010 RECOMMENDING that pltf's 70 motion for tro be denied. Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 21 days. (Yin, K)
March 3, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/3/10 ORDERING that the 57 Findings and Recommendations are ADOPTED in full; plaintiff's 34 Motion for special hearing construed as a motion for injunctive relief is DENIED. (Owen, K)
March 31, 2010
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ORDER ADOPTING 74 FINDINGS and RECOMMENDATIONS, in full, signed by Senior Judge Lawrence K. Karlton on 3/30/2010. Plaintiff's 70 Motion for Temporary Restraining Order is DENIED. (Marciel, M)
May 14, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/14/10 ORDERING plaintiff's motions for sanctions against defendants and their counsel 44, 77 are denied. Plaintiff's motion for judicial intervention 49, partially granted on 01/15/10 55 is denied without prejudice. Plaintiff's motions for protective order 59, 60, and motion for court-ordered confidential calls 71 are denied. Also, RECOMMENDING that defendant Brockett's motion to dismiss plaintiff's first cause of action 53 should be denied. The motion of all defendants to dismiss plaintiff's amended complaint for failure to exhaust administrative remedies 35 should be denied in part and granted in part. The following defendants should be dismissed from this action without prejudice: Knowles, Stiles, Laffitte and Stabbe. Service of process should be ordered upon defendant Kennedy. MOTIONS to DISMISS 35, 53 referred to Judge Lawrence K. Karlton. Objections due within 21 days.(Plummer, M)
July 2, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 7/2/2010 ADOPTING 78 Findings and Recommendations in full. Dft Brockett's 53 Motion to Dismiss is DENIED. The 35 Motion to Dismiss is DENIED IN PART and GRANTED IN PART. Dfts Knowles, Stiles, Laffitte and Stabbe are DISMISSED. Service is appropriate upon dft Kennedy. The Clerk shall send Pltf one USM-285 form, one summons, an instruction sheet and a copy of the 20 amended complaint. (Zignago, K.)
July 21, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/20/10: IT IS ORDERED that pltf's motion for judicial internvention 84 is DENIED; pltf's motion for a Senate investigation 85 is DENIED; pltf's motion to compel discovery 81 is DENIED AS MOOT; IT IS RECOMMENDED that plf's motion for reconsideration 87 be denied; pltf's motion for protective order 86 be denied; and pltf's motion for temporary restraining order 88 be denied; parties may file written objections w/i 21 days after being served with these findings and recommendations. (Carlos, K) Modified on 9/1/2010 (Kaminski, H).
September 10, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/2010 ORDERING that pltf's prematurely-filed 99 Pretrial Conference Statement is DISREGARDED; and pltf's prematurely-filed 98 motion for temporary removal order for the attendance of incarcerated witnesses is DENIED w/out prejudice. (Yin, K)
November 16, 2010
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ORDER ADOPTING 93 FINDINGS AND RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 11/16/10. The 86 Motion for Protective Order, 87 Motion for Reconsideration and 88 Motion for TRO are DENIED. (Manzer, C)
November 16, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 11/16/10 DENYING 94 Motion for Reconsideration and 97 Motion to offer proof of exhaustion of administrative remedies. (Manzer, C)
December 6, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/10 ORDERING dfts motion for protective order 103 is GRANTED in part and DENIED in part; pltfs motion to compel discovery of all defendants except Brockett 109 is GRANTED in part; pltfs related motion for sanctions 109 is DENIED; the court defers ruling on pltfs motion to compel further discovery from defendant Brockett 111 pending an in camera review of the disputed documents; dfts (other than Brockett) shall, within 30 days after the filing date of this order, serve pltf with a joint response to pltfs Requests for Production ofDocuments (Sets One and Two), and shall serve pltf with individual answers to PltfsInterrogatories; pltf may, within 30 days after service of this order, serve eachdft with an Amended Request for Admissions; dfts shall, within 30 days afterservice of such Amended Requests, serve their individual responses thereto; dft Brockett shall, within 30 days after the filing date of this order, submit to this chambers a copy of the privilege log noted above and the unredacted documents referenced by that privilege log; Brockett shall also, at the same time, submit a proposed protective order for the courts review in the event the court orders disclosure of some or all of the disputed documents; pltf may within 14 days of this order, file a motion with this court requesting appointment of counsel. (Carlos, K)
January 18, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 01/14/11 granting 111 Motion to Compel. Defendant shall within 7 days after the filing date of this order, pick up from the public counter of the Clerk of Court the Confidential Material (documents and audio files) submitted to the court for in camera review. (See order for further details). (Plummer, M)
March 7, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/2011 ORDERING that pltf's 129 motion to compel is DENIED; pltf's 128 motion for court order is DENIED w/out prejudice; and discovery closed in this action on 2/24/2011; the parties are reminded that the deadline for filing dispositive motions is 5/20/2011. (Yin, K)
March 18, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/11 DENYING without prejudice 133 Motion for the receipt of forms; Clerk of Court is directed to send to plaintiff, with this order, a copy of the courts 95 order filed July 28, 2010. (Dillon, M)
March 25, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/24/11 ordering within 14 days from the date of this order, defendant Kennedy shall pay to the U.S. Marshal the sum of $146.56, unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend this 14 day period. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)
April 11, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/08/11 ordering plaintiff's motion filed on 03/14/11 136 is denied. Plaintiff's motion file stamped 03/31/11 143 is denied. (Plummer, M)
April 21, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/20/11 DENYING 145 and 146 untimely discovery Motions. (Dillon, M)
April 26, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/2011 ORDERING 149 that any dispositive motion shall be filed on or before 9/2/2011; thereafter, the filing dates of the parties' oppositions, statements of non-opposition, and replies shall conform with the Local Rules. (Reader, L)
May 9, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/06/11 ordering that plaintiff's instant motion 152 for appointment of Ollie P. Manago as "advisory counsel" herein, is denied without prejudice. The court further notes that plaintiff's remaining motions have been resolved by prior orders of this court, and should be so designated by the clerk of court. Plaintiff's motion for an extension of time within which to file a dispositive motion 151 is denied as moot; by order filed 04/26/11 150, the deadline for all parties to file dispositive motions was extended to 09/02/11. Plaintiff's motion for sanctions 153 is also denied as moot; the matters raised in that motion were addressed in this court's order filed 04/11/11 144 and plaintiff has been admonished to file no more discovery motions 148. (Plummer, M)
August 22, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/11 ORDERING that Plaintiff's MOTION for Court order directing prison officials to make one full copy of Plaintiff's OPPOSITION to Defendants' MOTION for Summary Judgment157 is GRANTED. Plaintiff is GRANTED leave, for this limited purpose, to submit to the Court for filing only one copy of his opposition. Plaintiff is granted leave, for this limited purpose, to submit his opposition to the Court without proof of service. Upon receipt of Plaintiff's OPPOSITION to Defendants' MOTION for Summary Judgment, the Clerk shall promptly serve electronic copies of each opposition upon all defense counsel.(Mena-Sanchez, L)
November 30, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/29/11 ORDERING that plaintiffs request for leave to file a discovery motion 188 is DENIED in part and GRANTED in part (see order for details); Defendants separate motions 195, 196 are GRANTED, as follows: a. Counsel for defendant Brockett (Kruger) shall immediately notify this court in writing when he obtains the Confidential Material; and b. Thereafter, all defendants shall have 14 days within which to review the Confidential Material, including the subject CDs/audio files, and to file and serve their respective replies. Within 14 days after service of defendants replies, plaintiff may file one surreply that is no more than 10 pages in length, including exhibits; as with plaintiffs opposition, the filing of the surreply shall constitute service on defendants.(Dillon, M)
December 16, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/16/11 denying 204 Motion for Reconsideration. Within 21 days after the filing date of this order, defense counsel shall each file a statement of compliance with this order. The request of defense counsel 202 for an order directing plaintiff to refrain from further communicating with counsel is granted in part. Plaintiff is directed to refrain from sending any further correspondence to either defense counsel or any defendant. Plaintiff is also directed to refrain from filing further documents in this case, with the exception of his authorized surreply. (See order for further details) (Plummer, M) Modified on 12/19/2011 (Plummer, M).
December 29, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/29/11 DENYING 208 Motion to Compel; DENYING 210 Motion. Plaintiff shall refrain from filing any further documents in this court, or from corresponding with defense counsel, without prior court authorization. (Dillon, M)
April 9, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/6/12 ORDERING that Counsel for defendant Brockett (Mr. Kruger) shall, within seven days after the filing date of this order, deliver all Confidential Material to the CCI Legal Affairs Office, and shall, within three days thereafter, file a notice of compliance with this court. The protective order filed January 11, 2011 127, is hereby amended to delete Items 4(e) and 4(g). Upon termination of this action in this court, the court will arrange for the return of the Confidential Material to defendant Brocketts attorney. (see order for further details).(Dillon, M)
July 13, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2012 ORDERING that plaintiff's 232 motion is DENIED in part and GRANTED in part; plaintiff shall file no further matters in support of his motion, but is GRANTED relief as provided by this order; within 10 days, counsel for defendant Brockett shall (a) File under seal, and serve on plaintiff, one copy of the full transcript of the proceedings described in this order; or (b) show cause why counsel is unable to comply with this order; also within 10 days, ALL defense counsel shall file under seal, and serve on plaintiff, all available transcripts of any audio recordings that have already been submitted to the court; failure of any counsel, without adequate explanation, to provide both the court and plaintiff with a transcript of any audio recording submitted in this case may result in the imposition of sanctions. (Yin, K)
July 26, 2012
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te of this order in which to do one of the following: a) File and serve 1 supplemental opposition; or b) file and serve a statement that plaintiff instead chooses to rely on his oppositions filed 11/17/11 and 11/23/11 and surreply filed 04/30/12. ThORDER signed by Magistrate Judge Kendall J. Newman on 07/25/12 ordering plaintiff is informed of the following requirements for opposing a motion for summary judgment. (See order for further details). Plaintiff is granted 30 days from the filing dae clerk of court is directed to re-notice the filing date of defendants respective motions for summary judgment (see 164, 183 and releated filings to the filing date of this order. (Plummer, M)
September 11, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/10/12 ordering defendant Brockett's request to file the indentified exhibits under seal 245 is granted. Plaintiff is granted an additional 14 days to 09/27/12 to file his supplemental opposition. (Plummer, M)
November 29, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/12 denying 253 Motion to disclose confidential material to anyone not a party to this action or an otherwise "qualified" individual as defined by the protective order in this case. (Plummer, M)
February 27, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/26/2013 RECOMMENDING that defendant Brockett's 183 motion for summary judgment be denied; and the 164 motion for summary judgment filed by the remaining defendants be granted in part and denied in part. Referred to Judge Lawrence K. Karlton; Objections due within 21 days. (See Findings and Recommendations for details)(Yin, K)
March 13, 2013
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AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/13/2013 RECOMMENDING that defendant Brockett's 183 motion for summary judgment be denied and the 164 motion for summary judgment filed by the remaining defendants be granted in part and denied in part. (See Findings and Recommendations for details). Referred to Judge Lawrence K. Karlton. Objections due within 14 days after being served with these findings and recommendations. (Donati, J)
December 12, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/2013 ORDERING that plaintiff's 271 request that the court consider the merits of plaintiff's reply to the objections filed by defendants (other than defendant Brockett), is GRANTED; the Clerk shall re-designate ECF No. 271 as a "Reply by Stewart Manago to ECF No. 265 Objections to Findings and Recommendations;" the substance of this reply shall be included in the district judge's consideration of the Amended Findings and Recommendations; plaintiff's remaining requests 270, 272 are DENIED; plaintiff is ADMONISHED to refrain from filing any further matters in this action unless directed to do so by the court. (Yin, K)
January 16, 2014
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r, M).ORDER adopting 259 FINDINGS AND RECOMMENDATIONS IN FULL signed by District Judge Troy L. Nunley on 1/15/14: Defendant Brockett's motion for summary judgment 183, is denied in its entirety. The motion for summary judgment filed by the remaining defendants 164, is granted in part and denied in part. Pursuant to the surviving claims, this action shall therefore proceed against defendants Brockett, Kelly, Jaffee, Martin, Vance and Kennedy.(Kaminski, H) Modified on 1/17/2014 (Plumme
February 27, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/27/14 ordering that within 30 days after the filing date of this order, all parties shall file their respective statements informing the court of the following: Whether a settlement conference should be scheduled and, if so: a) whether the parties agree that the undersigned may preside over the settlement conference, OR request that another magistrate judge do so; and b) identify any dates within the next 6 months when any party may not be available for a settlement conference. The parties shall also identify: a) the anticipated lenfth of trial; and b) any dates within the next year when any party may not be available for trial or pretrial proceedings. (Plummer, M)
March 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/21/14 ORDERING that the motion of Mr. Mark R. Kruger to withdraw as attorney of record for defendant Mary Brockett (ECF No. 281), is GRANTED, effective April 1, 2014. The Attorney Generals Office is requested to file a statement, on or before March 31, 2014, informing the court whether it will assume Ms. Brocketts legal representation in this action. The Clerk of Court is directed to serve a copy of this order on Ms. Mary Brockett, at the following mailing address: P.O. Box 5278, El Dorado Hills CA 95762. (Dillon, M)
April 7, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/07/14 ordering plaintiff's requests for additional discovery and for independent telephone conference 280 are denied.( Settlement Conference set for 9/11/2014 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) Plaintiff will appear at settlement by video-conference from California State Prison-Corcoran. The parties are directed to submit confidential settlement conference statements to Magistrate Judge Dale A. Drozd on or before 09/04/14 to the following email address: [email protected] Plaintiff and defendant Brockett (if not represented by counsel) shall mail their respective settlement conference statements to the Clerk's Office of this court to arrive no later than 09/04/14. Furthermore, each party hall file a Notice of Submission of Confidential Settlement Conference Statement. (cc: DAD) (Plummer, M)
April 7, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 04/07/14 ordering the custodian to produce Stewart Manago via video conferencing at 09/11/14 at 10:00 a.m. in courtroom 27 before Magistrate Judge Dale A. Drozd. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: DAD and I.T. Dept. Sacramento) (Plummer, M)
September 2, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/14 ORDERING that Plaintiffs motion for renewed access to audio files and related documents (ECF Nos. 292-93) is DENIED. Plaintiffs request for an order directing officials at California State Prison Corcoran to make one copy of plaintiffs confidential settlement conference statement (ECF No. 292-94), is granted, as set forth above. Plaintiffs motion concerning the alleged confiscation of his legal material (ECF No. 296) is denied without prejudice. Plaintiffs motion to submit under seal the Green Wall Prison Gang Book (ECF No. 295) is denied without prejudice. The Clerk of Court is directed to send plaintiff, together with service of this order, a copy of this courts order filed April 7, 2014 (ECF No. 290).(Dillon, M)
September 5, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/5/14 ORDERING that the Clerk of Court is directed to designate plaintiffs motions filed September 2, 2014 (ECF No. 299, 300) as submissions; the court will take no further action on these matters. If not already submitted, plaintiff shall immediately mail his confidential settlement statement to the Clerk of Court, for consideration by the Magistrate Judge conducting the September 11, 2014 settlement conference in this case. Plaintiff is admonished to file no further matters in this action unless directed by the court. Clerk of Court is directed to send plaintiff, together with service of this order, a copy of this courts order filed September 2, 2014 (ECF No. 297).(Dillon, M)
October 21, 2014
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(Yin, K)ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/2014 ORDERING that the Clerk shall, to the extent possible, return to plaintiff the documents he submitted in support of the 9/11/2014 settlement conference, as reflected by ECF No. 301.
October 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/2014 ORDERING that on or before 11/7/2014, the parties shall file and serve separate statements informing the court of (a) the anticipated length of trial, and (b) any dates through 2015 when any party may not be available for pretrial or trial proceedings; in addition, plaintiff shall inform the court whether he wishes to request the appointment of counsel to represent him forthwith in this action in pretrial and trial proceedings.(Yin, K)
November 17, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/14 ordering that within 30 days after the filing date of this order, plaintiff shall file and serve a statement entitled "Initial List of Plaintiff's Prospective Trial Witnesses." (See order for further details.) (Plummer, M)
April 17, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/17/2015 ORDERING plaintiff to file a response to this order within 30 days; plaintiff's response may be no more than 15 pages in length; plaintiff may, in his response, notify the court if he wishes to be appointed counsel for the purpose of trial; counsel for defendants Kelly, Jaffe, Martin, Chapman, Vance, and Kennedy have 30 days to ascertain, to the best of counsel's ability, whether inmate B. Hackett is deceased; if counsel determines that Mr. Hackett is deceased, counsel shall file and serve a formal notice; otherwise counsel shall file and serve notice of Mr. Hackett's last known whereabouts. (See Order for Details)(Yin, K)
July 1, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/15 plaintiffs June 22, 2015 motion for the appointment of counsel (ECF No. 318) is granted. Alternative Dispute Resolution and Pro Bono Program Director Sujean Park is directed to locate an attorney, admitted to practice in this court, who is willing to accept this appointment and represent plaintiff for the purposes of trial. The deadlines previously set for the parties to serve their pretrial statements, and for plaintiff to bring any motions necessary to obtain the attendance of witnesses at trial, are vacated. Upon the appointment of counsel for plaintiff, the court will set a status conference at which new deadlines will be set. This matter remains set for jury trial before the Honorable Troy L. Nunley on June 13, 2016, at 9:00 a.m., in Courtroom 2. Plaintiffs motion for extension of time (ECF No. 319) is denied as moot.(cc ADRP)(Dillon, M)
August 18, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/18/15 ordering that Douglas R. Thorn and Danny Cochetas are appointed as counsel in the above entitled matter. This appointment is for the limited purpose of trial. Counsels' appointment will terminate once the jury returns a verdict. The clerk of the court is directed to serve a copy of this order upon Douglas R. Thorn, Law Office of Douglas R. Thorn, 3017 Douglas Blvd, Suite 300, Roseville, CA 95661 and Danny Cochetas, Law Office of Danny Cochetas, 12825 Cresthaven Dr., Groveland, CA 95321. ( Status Conference set for 9/10/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) At the status conference, the undersigned will address defendants' motion to revoke plaintiff's in forma pauperis status 323, and if necessary, set a briefing schedule on the motion. The motion is stayed pending the outcome of the status conference. This matter remains set for a jury trial at 9:00 a.m. on 06/13/16 before District Judge Troy L. Nunley in courtroom 2. (Plummer, M)
August 20, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/20/15 ordering that plaintiff's motion 325 is denied. (Plummer, M)
September 8, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2015 GRANTING plaintiff's counsel three days to resubmit plaintiff's 328 motion for sanctions with counsel's signature; in the abscence of such a refiling, the motion will be stricken in its entirety. If plaintiff makes a single additional filing with the court in this action, whether in the form of a letter, a motion, a request for status, or any other document, of his own accord, rather than through appointed counsel, the court will immediately issue an order to show cause as to why this action should not be dismissed with prejudice under Fed. R. Civ. P. 41(b) for failure to comply with a court order. The Clerk shall serve a copy of this order on plaintiff by mail at his last known address. (Yin, K)
September 11, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/11/15 ORDERING that the 323 Motion to Revoke plaintiff's in forma pauperis status is DENIED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action to be collected and paid in accordance with the concurrent order; plaintiff's pretrial statement and any motions necessary to obtain the attendance of witnesses at trial are due 11/10/15; defendants' pretrial statements are due 11/25/15; Pretrial conference is set for 11/25/15 before the magistrate judge and will be conducted on the file only, without appearance by either party; this matter remains set for jury trial before the Honorable Troy L. Nunley on 06/13/16 at 9:00 a.m., in Courtroom 2. (Benson, A)
September 11, 2015
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Stewart Manago signed by District Judge Troy L. Nunley on 09/11/15; the Director of the CDC shall collect monthly payments in accordance with this order until the filing fee of $350 is paid in full (cc: CDC; Financial). (Benson, A)
January 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/16 granting 347 Motion for Extension of time. The January 8, 2016 deadline for Defendants to file their pretrial statements and January 13, 2016 pretrial conference are VACATED. Following the January 7, 2016 status conference, the Court will issue new deadlines for filing of pretrial statements and calendar a new pretrial conference date.(Dillon, M)
January 8, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/16 ORDERING that Mr. Thorn and Mr. Cochetas will continue to represent plaintiff with the understanding that they may file a notice to be relieved as counsel if plaintiff makes any further threats to counsel, other inappropriate requests, or seeks to direct the litigation thereby not allowing counsel to perform their appropriate function in the case. Plaintiffs filings ECF Nos. 339, 341, 342, and 343 shall be disregarded. The June 13, 2016 trial date is VACATED. The court will issue an updated scheduling order once the parties inform the court as to their availability for trial on the following dates: August 15, 2016; September 6, 2016; and February 6, 2017.(Dillon, M)
April 14, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/14/16 ordering A. Peter Rausch is appointed as limited purpose counsel in the above entitled matter. This appointment is for the limited purpose of assisting defendant Mary Brockett with preparing for and participating in the settlement conference. A. Peter Rausch's appointment will terminate 15 days after completion of the settlement conference, or any continuation of the settlement conference. (Plummer, M)
April 19, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/19/16, ORDERING that a Settlement Conference is set for 6/21/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Each party shall provide a confidential settlement statement to the following email address: [email protected] not later than June 14, 2016. (cc CKD)(Dillon, M)
April 19, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/19/16 ORDERING the Custodian to produce Stewart Manago at 9:30 am in Courtroom 24 in before Judge Carolyn K. Delaney. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD, CKD)(Dillon, M) Modified on 4/20/2016 (Plummer, M).
May 9, 2016
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 05/09/16 ordering this shall amend the writ issued 04/19/16 360. The custodian to produce Stewart Manago on 06/14/16 at 9:30 a.am. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: CKD and OTCD) (Plummer, M)(3 certified copies of this writ served on the Warden, CSP-Sacramento) Modified on 5/9/2016 (Plummer, M).
August 4, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 08/04/16 ordering defendant Mary Brockett is dismissed from this action with prejudice. (Plummer, M)
August 4, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 08/04/16 ordering defendants J. Chapman, M. Jaffe, K. Kelly and J. Martin are dismissed from this action with prejudice. (Plummer, M)
October 12, 2016
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/11/16 ORDERING that defendants Kennedy and Vance are DIMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1) with the parties mentioned herein to bear their own fees and costs. CASE CLOSED (Kastilahn, A)