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09-569 - (PC) Walker v. CA Dept of Corrections & Rehabilitation, et al


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09-569 - (PC) Walker v. CA Dept of Corrections & Rehabilitation, et al
April 29, 2009
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[DISCHARGED PURSUANT TO 12 ORDER] ORDER to SHOW CAUSE signed by Magistrate Judge Kimberly J. Mueller on 4/28/09 ORDERING that w/in 10 days, dfts show cause why the case should not be remanded to the Superior Court of Sacramento County. (Yin, K) Modified on 3/17/2010 (Yin, K).
March 17, 2010
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/16/2010 ORDERING the 4/29/09 order to show cause is DISCHARGED; and the clerk to randomly assign a district judge to this action; and RECOMMENDING that pltf's 9 motion to remand be denied. Assigned and Referred to Judge William B. Shubb; Objections to F&R due w/in 21 days.(Yin, K)
May 21, 2010
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ORDER signed by Judge William B. Shubb on 5/20/2010 ORDERING 12 Findings and Recommendations are adopted in full; and 9 Motion to Remand is denied. (Matson, R)
February 23, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/22/11 ORDERING defendants Rush, Anaya, Price, Chavarria, Ryan, Bourland and Nunez shall reply to the complaint within the time provided by the applicable provisions of FRCP 12(a). The clerk of the court shall serve upon plaintiff a copy of the local rules. (See order for further details). Also, RECOMMENDING that Defendants CDCR, Woodford, Tilton, Grannis and Moreno be dismissed from this action without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
March 31, 2011
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nd shall file such a responsive pleading. (Yin, K) Modified on 4/18/2011 (Yin, K).[DISCHARGED PURSUANT TO 21 ORDER] ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/31/2011 ORDERING dfts to show cause, w/in 14 days, why sanctions should not be imposed for their failure to timely file a responsive pleading, a
April 11, 2011
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ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by Judge William B. Shubb on 04/08/11 and ORDERING tha dfts CDCR, Woodford, Tilton, Grannis and Moreno are DISMISSED w/o prejudice. (Benson, A.)
February 22, 2012
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[VACATED, in part, pursuant to 42 Order] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/21/12 recommending that defendants' motion to dismiss 22 should be granted in part and denied in part. Plaintiff's state law claims ("Causes of action" 2 through 5) and federal claims for injunctive and declaratory relief, should be dismissed without leave to amend. This action should proceed only on plaintiff's federal damages claims under section 1983 ("cause of action" 1), against the current defendants (Ryan, Bourland, Nunez, Chavarria, Anaya, Rush and Price) for the reasons set forth herein. Plaintiff should be granted leave to file and serve within 30 days after the adoption of these findings and recommendations, an amended complaint that clearly alleges, against the appropriate defendants, only those federal claims addressed herein. The amended complaint should be limited in lenght to 20 pages, and should be typed and double-spaced. MOTION to DISMISS 22 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M) Modified on 12/27/2012 (Michel, G).
March 22, 2012
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[VACATED, in part, pursuant to 42 Order] ORDER ADOPTING 34 FINDINGS and RECOMMENDATIONS, in full, signed by Judge William B. Shubb on 3/21/2012. Defendants' 22 Motion to Dismiss is GRANTED and DENIED in part. Plaintiff's state law claims ("Causes of Action" 2 - 5) and federal claims for injunctive and declaratory relief are DISMISSED without leave to amend. This action shall proceed only on plaintiff's federal damages claims under Section 1983 ("Causes of Action" 1) against defendants Ryan, Bourland, Nunez, Chavarria, Anaya, Rush, and Price. Plaintiff GRANTED leave to file and serve, within 30 days after date of Order, an Amended Complaint that clearly alleges only those federal claims addressed in Findings and Recommendations. (Marciel, M) Modified on 12/27/2012 (Michel, G).
September 14, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/13/12 ordering defendants shall reply to the complaint within the time provided in Fed. R. Civ. P. 12(a). The clerk of the court shall serve upon plaintiff a copy of the local rules of court. (See order for further details)(Plummer, M) Modified on 12/18/2012 (Plummer, M).
November 15, 2012
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ORDER signed by Judge William B. Shubb on 11/14/12 ORDERING that, within 30 days after the filing date of this order, plaintiff shall file the attached notice of election form indicating whether he wishes to re-open the court's decision on defendants' motion to dismiss, on the question of administrative exhaustion only. Plaintiff's express election to forego this option, or failure to timely respond to this order, shall be construed as plaintiff's waiver to the defects in the timing of the Wyatt notice, and defendants will be ordered to file a pleading responsive to plaintiff's First Amended Complaint. (Meuleman, A)
December 26, 2012
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ORDER signed by Senior Judge William B. Shubb on 12/21/2012 VACATING, in part, 34 Findings and Recommendations, 35 Order Adopting Findings and Recommendations as to the dismissal of Plaintiff's claims of retaliation against Defendants Price, Chavarria, and Rush; ORDERING Defendants Price, Chavarria, and Rush to file and serve a Supplemental Memorandum in Support of Motion to Dismiss, including a copy of the attached "Wyatt Notice", within 30 days; ORDERING that subsequent briefing be compliant with the time limitations set forth in L.R. 230(l); DIRECTING the Clerk of Court to send Plaintiff a copy of 34 Findings and Recommendations, 35 Order Adopting Findings and Recommendations. (Michel, G)
January 22, 2014
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SUPPLEMENTAL FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/21/14 recommending that defendants' motion to dismiss 22, 43 plaintiff's 2 re-opened first amendment claims should be granted in part and denied in part as follows: a. Plaintiff's retaliatory handcuffing claim should be dismissed. b. Plaintiff's inmate-enemy retaliation claim should proceed in this action, against defendants Price and Chavarria, together with the other claims previously found potentially cognizable in this action (see findings and recommendations 35).Plaintiff's request to reinstate his state law claims should be denied. Should the district judge adopt these supplemental findings and recommendations, plaintiff should be accorded the option of proceeding on his first amended complaint, or a newly filed second amended complaint, consistent with the parameters set forth above; plaintiff should be required within 30 days to either inform the court that he intends to proceed on his first amended complaint or shall file and serve a second amended complaint. Motions 22 and 43 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M) Modified on 1/22/2014 (Plummer, M).
February 25, 2014
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ORDER signed by Senior Judge William B. Shubb on 2/24/2014 SUPPLEMENTAL FINDINGS AND RECOMMENDATIONS 45 are ADOPTED in full; Defendants' 22 motion to dismiss plaintiff's two re-opened First Amendment retaliation claims are GRANTED in PART and DENIED in PART; Plaintiff's request to reinstate his state law claims is DENIED; Plaintiff may proceed on his First Amended Complaint, or on a newly-filed Second Amended Complaint, no more than 20 pages in length; Within 30 days from the date of this order, plaintiff shall either inform the court he intends to proceed on his First Amended Complaint, or file and serve a Second Amended Complaint.. (Reader, L) Modified on 2/26/2014 (Reader, L).
May 16, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/14 ORDERING that Defendants shall file and serve a reply to the complaint within thirty days after the filing date of this order. The Clerk of the Court shall again serve on plaintiff a copy of the Local Rules of Court. (see order for details)(Dillon, M)
July 24, 2014
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ORDER denying 52 Motion to strike signed by Magistrate Judge Kendall J. Newman on 07/24/14. (Plummer, M)
August 29, 2014
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ORDER signed by Senior Judge William B. Shubb on 8/29/2014 AFFIRMING the 53 Order of the Magistrate Judge. (Michel, G)
January 21, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/21/15 granting 58 Motion to modify the scheduling order. All pretrial motions, except motions to compel discovery, shall be filed on or before 3/06/15. The 10/10/14 deadline for filing motions concerning discovery has expired, and is unchanged by this order. (Plummer, M)
July 1, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/2015 ORDERING plaintiff to file, within 30 days, an opposition, if any, to the 60 motion for summary judgment. (Yin, K)
October 30, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/30/15 ORDERING that: Within twenty-one days of the filing of this order, defendants are directed to serve plaintiff with (i) copies of all written documents setting forth any policy or policies in effect at Calipatria State Prison during the period between August 1, 2005, and December 31, 2005, re the handling of inmates' confidential and non-confidential telephone calls, or, if there are no documents responsive to this order, (ii) a statement to that effect that also details the efforts made to obtain these documents. In either case, defendants are further directed to promptly file and serve a notice of compliance with this order. Plaintiff's motion for additional discovery (ECF No. 62) is otherwise denied; Plaintiff is directed to file an opposition or statement of non-opposition to defendants' motion for summary judgment (ECF No. 60) no later than December 31, 2015. Defendants' reply, if any, is due seven days after electronic docketing of plaintiff's opposition; Plaintiff may not file any further motions for additional discovery or requests for extensions of time in connection with the pending summary judgment motion, and any such requests will be denied. (Becknal, R)
December 3, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2015 GRANTING defendants' 66 motion for an extension of time. The deadlines set forth in the 10/30/2015 order are VACATED. Defendants must file and serve the response to the court's order by 1/19/2016. Defendant's 60 motion for summary judgment is DENIED without prejudice to its renewal pending submission of their response to the court's 10/30/2015 order. Plaintiff shall file his opposition to the re-noticed motion within 30 days after the notice is served; defendants' reply shall be filed 21 days thereafter. After defendants' reply is filed, briefing on the motion for summary judgment is closed, and no further filings in connection thereto are allowed. (Yin, K)
December 3, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2015 ORDERING upon reconsidertation, the 10/30/2015 order is AFFIRMED. Plaintiff's 65 motion for reconsideration is DENIED. (Yin, K)
January 19, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/17 ordering that within 10 days of the date of this order, defendants shall renew their summary judgment motion; plaintiff's opposition to defendant's summary judgment motion is due 30 days thereafter; defendants' reply is due 21 days thereafter. (Plummer, M)
March 31, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2017 GRANTING 75 Motion for Extension of Time; ORDERING the defendants to file a reply in support of 60 Motion for Summary Judgment and response to 74 Motion to Strike by 4/24/2017. (Michel, G.)
November 30, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/2017 ORDERING defendants to file properly dated declarations of defendants Nunez and Anaya within 14 days of the date of this order. (Henshaw, R)
February 26, 2018
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/23/2018 DENYING plaintiff's 74 motion to strike and RECOMMENDING defendants' 60 motion for summary judgment be granted. Referred to Judge William B. Shubb; Objections to F&R within 14 days. (Yin, K)
April 11, 2018
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AMENDED ORDER signed by Senior Judge William B. Shubb on 4/11/2018 VACATING 90 Order and 91 Judgment. The 86 Findings and Recommendations are ADOPTED in Full and Defendants' 60 Motion for Summary Judgment is GRANTED. (Fabillaran, J)