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08-1028 - (PC) Rodriguez v. Tilton, et al


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08-1028 - (PC) Rodriguez v. Tilton, et al
May 28, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/28/08: Plaintiff's claims against all defendants but for American Legion Ambulance, Knipp, Johnson, Hamilton, Martinez, Smith, Gallaway, Hashimoto, Ziebert, Santos, Pieri, Taylor, Tucker, Micholetti and Chavez are dismissed for the reasons discussed above, with leave to file an amended complaint within thirty days from the date of service of this Order. (Kaminski, H)
July 16, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/16/08 GRANTING 4 MOTION for EXTENSION of time. Plaintiff's amended complaint is due within thirty days of the date of this order. Plaintiffs 4 Request for the appointment of counsel is DENIED.(Anderson, J)
October 6, 2009
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ORDER signed by District Judge Barbara J. Rothstein on 10/5/09 ORDERING thatPlaintiff's claims against all defendants but for American Legion Ambulance, Kent Field Rehabilitation Hospital, Knipp, Johnson, Hamilton, Martinez, Smith, Galloway, Hashimoto, Ziebert, Santos, Pieri, Taylor, Tucker, Micholetti, Chavez, Tseng, Rodriguez, Duclos, Valavia, Davis, Reyes, Whollers, Storey, Brimhall and Bueno are dismissed for the reasons discussed above. In addition, plaintiff's first claim for relief is dismissed. Plaintiff is permitted to proceed on the remaining claims against the remaining defendants. Plaintiff is further advised that it is his obligation to effectuate service within 120 days of the date of this order. (Becknal, R)
February 23, 2010
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ORDER signed by District Judge Barbara J. Rothstein on 2/22/10 ORDERING that service is appropriate for the following defendants: American Legion Ambulance, Smith, Galloway, Hashimoto, Santos, Pieri, Brimhall, Campbell, Akintola, Knipp, Subia, Garcia, Blim, and Deputy Warden of MCSP. It is further ORDERED that the third cause of action in the 13 Second Amended Complaint is DISMISSED; service must be effectuated on defendants within 120 days from the date of this order. (Owen, K)
March 30, 2010
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ORDER signed by District Judge Barbara J. Rothstein on 3/29/10: Plaintiff's request to proceed in forma pauperis is GRANTED. The Third Cause of Action in the Second Amended Complaint is DISMISSED. The Clerk of Court shall send plaintiff fourteen USM-285 forms, one summons, an instruction sheet and a copy of the Second Amended Complaint. (Kaminski, H)
April 27, 2010
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ORDER signed by District Judge Barbara J. Rothstein on 4/26/10: 25 Motion for Leave to File Second Amended Complaint is DENIED WITH LEAVE TO RENOTE. Plaintiff may re-file the motion in accordance with the terms set forth in this order. (Kaminski, H)
November 22, 2010
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ORDER signed by District Judge Barbara J. Rothstein on 11/19/10 ORDERING that dfts Campbell, Micholetti and Garcia are DISMISSED from this action, Clerk to send plf a copy of the 32 Amended Prisoner Civil Rights Complaint and Plf's 35 Motion for Reconsideration/to Correct dismissal of dfts is DENIED. Plf has 30 days to submit the forms as instructed in the 09/29/10 34 Order. (Benson, A.)
May 4, 2011
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ORDER denying 55 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 05/04/11. (Plummer, M)
June 14, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 06/13/11 granting 59 Motion to conduct the deposition by videoconference. (Plummer, M)
June 22, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/21/11 ORDERING that 62 Motion to Stay is DENIED; Parties may now conduct discovery until 7/15/11. Any motions necessary to compel discovery shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before 10/10/11.(Dillon, M)
July 8, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 07/07/11 DENYING the 65 Motion for a temporary restraining order and preliminary injunction. (Michel, G)
July 13, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 07/12/11 ORDERING that the clerk send plaintiff one blank USM-285 form; completed USM-285form for defendant Reyes due within 30 days. (Michel, G)
September 12, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 09/09/11 ORDERING the Clerk to send plf one USM 285 form w/ instructions and a copy of the 32 08/20/10 Amended Complaint to be completed and returned w/i 60 days. (Benson, A.)
September 30, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 09/29/11 ordering parties may conduct discovery with respect to Brimhall and other newly served and appearing defendants for a period concluding 90 days following the appearance of the last-served defendant or the deadline for that defendant to make an appearance. The current deadline for filing dispositive motions is vacated. The new deadline for filing dispositive motions is 90 days from the end of the new discovery period with respect to Brimhall and other newly served and appearing defendants. (Plummer, M) Modified on 10/3/2011 (Plummer, M).
October 14, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/13/11 ordering plaintiff's motions 72, 93, 95 are denied for the reasons stated above. Within 21 days of service of this order, plaintiff should file a response including the names of the additional defendants he wishes to serve and describe the efforts he has used to attempt to serve them. Plaintiff should not describe the discovery requests he sent to the current defendants, but all other means he has used to attempt to serve the outstanding defendants. (Plummer, M)
November 21, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/18/2011 DENYING plaintiff's 96 motion for a protective order. (Yin, K)
July 11, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 07/10/12 ordering that plaintiff's motions 119, 120 are denied. (Plummer, M)
September 12, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/12/12 ORDERING that discovery ended on August 1, 2012, and the deadline to file dispositive motions is October 30, 2012. (Dillon, M)
November 2, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/01/12 ordering defendants' 10/24/12 motion for an extension of time 129 is granted. The court shall reset the deadline for defendants' motion for summary judgment upon disposition of defendants' pending motion to dismiss 128. Plaintiff's motion to alter the court's 09/12/12 order 125 is granted in part; plaintiff is granted 30 days from the filing date of this order to file any dispositive motions; no further extensions shall be granted. (Plummer, M)
November 6, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/1/12 ORDERING that because of counsels failure, the court issues the attached notice to discharge its responsibility of assuring that the prisoner receives fair notice. (Dillon, M)
December 3, 2012
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ORDER signed by Magistrate Judge Allison Claire on 12/3/12 DENYING 135 Motion to Appoint Counsel.(Dillon, M)
March 19, 2013
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ORDER signed by Magistrate Judge Allison Claire on 3/18/13 DENYING 147 and 148 Motions to Compel. (Dillon, M)
March 20, 2013
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ORDER signed by Magistrate Judge Allison Claire on 03/19/13 ordering that defendants' motion to sever is denied. Defendants shall file their respective motions for summary judgment within 60 days from the date of this order. (Plummer, M)
April 5, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/4/13 ORDERING that 141 Motion to appoint counsel is DENIED; it is RECOMMENDED that 127 MOTION for summary judgment be granted. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 28 days.(Dillon, M)
May 31, 2013
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ORDER signed by Judge Garland E. Burrell, Jr. on 5/30/2013 ADOPTING, in full, 157 Findings and Recommendations; GRANTING 127 Motion for Summary Judgment. (Michel, G)
May 31, 2013
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ORDER signed by Judge Garland E. Burrell, Jr. on 5/30/2013 DENYING 156 Motion for Reconsideration. (Michel, G)
December 16, 2013
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ORDER signed by Magistrate Judge Allison Claire on 12/13/13 ordering the putative fourth amended complaint is ordered stricken. Plaintiff is reminded that his final deadline to oppose summary judgment is 1/02/14.(Plummer, M)
March 3, 2014
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ORDER signed by Magistrate Judge Allison Claire on 03/03/14 vacating 174, 175 Motions for Summary Judgment. Plaintiff's request for the appointment of pro bono counsel is granted. (Plummer, M)
March 4, 2014
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ORDER signed by Magistrate Judge Allison Claire on 03/03/14 ordering that defendants shall serve the 05/07/12 statement noting death pursuant to Federal Rule of Civil Procedure 25(a)(3) within 21 days of this order and shall file a certificate of service with the court. (Plummer, M)
March 20, 2014
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ORDER signed by Magistrate Judge Allison Claire on 03/19/14 ordering attorney Kresta Daly is appointed limited purpose counsel in the above entitled matter: This appointment is for the limited purposed of 1) reviewing the present case and record; 2) seeking any additional discovery necessary to oppose summary judgment; 3) responding to any renewed motion for summary judgment. The limited purpose appointment will terminate upon adjudication of any renewed motion for summary judgment or expiration of time to file such a motion. The clerk of the court is directed to serve a copy of this order on Kresta Daly, Kresta Daly LLP, REA Bldg, 431 I Street, Ste 201, Sacramento, CA, 95814. ( Scheduling Conference set for 4/23/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) (Plummer, M)
July 24, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/23/14 recommending that this action be dismissed as to defendants Duclos. Referred to Judge Garland E. Burrell; Objections due within 14 days. (Plummer, M)
August 12, 2014
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ORDER ADOPTING 210 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 8/11/14. This action is DISMISSED as to defendant Duclos. (Manzer, C)
June 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/2/2015 DENYING plaintiff's 216 motion for leave to file a fourth amended complaint. The 217 fourth amended complaint is STRICKEN from the record. Plaintiff has 30 days to file a motion for leave to file an amended complaint with a proposed amended complaint. (Yin, K)
July 2, 2015
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ORDER signed by Magistrate Judge Allison Claire on 7/2/15 ORDERING that the motion to withdraw from representation is set for closed, ex-parte hearing before the undersigned on July 22, 2015, at 10:00 a.m., at the Robert T. Matsui Federal Courthouse, 501 I Street, Courtroom 26, Sacramento, CA 95814. Plaintiff shall appear at the hearing telephonically. The Clerk of the Court is directed to fax a courtesy copy of this order to the Litigation Coordinator at Richard J. Donovan Correctional Facility at (619) 671-7566. (Copy faxed to RJDCF) (Dillon, M)
July 2, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 7/2/15 ORDERING the Custodian to produce Luis Valenzuela Rodriguez via telephonic conferencing at 10:00 am on July 22, 2015 in Courtroom 26 before Judge Allison Claire. 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: IT Dept, copy faxed to RJDCF)(Dillon, M)
August 4, 2015
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ORDER signed by Magistrate Judge Allison Claire on 8/4/15 GRANTING 220 Motion to Withdraw as Attorney. Once substitute counsel is located, or the court determines that substitute counsel cannot be found, the court will schedule a status conference and/or issue an amended scheduling order.(Dillon, M)
November 4, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/03/15 ordering Thomas Woods is appointed as limited purpose counsel in the above entitled matter. This appointment is for the limited purpose of : 1) reviewing the present case and record; 2)filing an amended complaint if appropriate; and 3) responding to any renewed motion for summary judgment. This limited purpose appointment will terminate upon adjudication of any renewed motion for summary judgment or the expiration of the time for filing such motion. The clerk of court is directed to serve a copy of this order upon Thomas Woods, Stoel, Rives LLP, 500 Capitol Mall, Suite 1600, Sacramento, CA 95814. The clerk of court shall also serve a copy of this order on plaintiff Luis Rodriguez C-33000, R.J. Donovan Correctional Facility, 480 Alta Road, San Diego, CA 92179, and a courtesy copy upon plaintiff's previous pro bono counsel, Kresta Daly at Barth Daly LLP, 431 I Street, Suite 201, Sacramento, CA 95814. Within 30 days of the filing of this order, counsel for the parties shall submit a joint status report containing proposed deadlines for filing a motion to amend the complaint accompanied by a proposed amended complaint and for filing a renewed motion for summary judgment. (Plummer, M)
December 1, 2015
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 11/30/15 ordering that the request is granted and the parties are to file a joint status report on or before 1/04/16. (Plummer, M)
January 4, 2016
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/30/15. IT IS HEREBY ORDERED that the request is granted and the parties are to file a joint status report on or before January 18, 2016.(Dillon, M)
January 19, 2016
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/15/16 ordering that based on the parties stipulation and good cause appearing, the request is granted and the parties are to file a joint status report on or before 2/03/16. (Plummer, M)
February 4, 2016
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/03/16 ordering that the request is granted and the parties are to file a joint status report on or before 3/04/16. (Plummer, M)
March 24, 2016
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ORDER signed by Magistrate Judge Allison Claire on 3/24/16 ORDERING that plaintiff shall have until 4/13/16, to file a motion for leave to file an amended complaint. The motion shall be heard no later than May 11, 2016, and must be accompanied by a proposed amended complaint. The parties are granted leave to obtain plaintiffs updated medical records and are authorized to obtain subpoenas for that purpose as necessary. The parties shall have until 5/10/16, to request any additional medical records. Plaintiff shall have until 4/20/16, to either contact the court to schedule an informal telephonic conference or file a discovery motion to compel further responses to discovery requests that have already been propounded and are required to defend against a motion for summary judgment. If plaintiff chooses to file a motion rather than schedule an informal telephonic conference, the motion shall be heard no later than 5/18/16. Defendants request to re-open discovery for the limited purpose of conducting plaintiffs continued deposition is denied without prejudice. Deadlines for conducting expert witness discovery and filing dispositive motions will be set upon resolution of any motion for leave to amend the complaint or the expiration of time to file such a motion.(Dillon, M)
May 3, 2016
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ORDER signed by Magistrate Judge Allison Claire on 5/3/16 DENYING 239 Motion to appear personally at the 5/4/16 hearing.(Dillon, M)
May 9, 2016
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ORDER signed by Magistrate Judge Allison Claire on 05/09/16 ordering that plaintiff's appointed counsel, Mr. Thomas Woods, is released from his appointment as plaintiff's counsel. (Plummer, M)
August 22, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/19/16 recommending that this action be dismissed. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)