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09-939 - (PC) Hubbard v. Hougland et al


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09-939 - (PC) Hubbard v. Hougland et al
April 29, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 04/28/09 ordering plaintiff's request for leave to proceed in forma pauperis 2 is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of $5.00. All fees to be collected and paid in accordance with this court's CDC order filed concurrently herewith. Service is appropriate for defendants Houghland and McBride. The clerk of the court shall send plaintiff 2 USM-285 forms, 1 summons, instruction sheet and a copy of the 04/06/09 complaint to be completed and returned within 30 days. (Plummer, M)
June 10, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/9/09 DENYING 15 Motion to suspend all further action.(Dillon, M)
June 16, 2009
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ORDER DIRECTING USM to serve * complaint * filed on * 04/06/09,* on * C D Hougland, D McBride*, Service Deadline set for 10/19/2009 signed by Magistrate Judge Gregory G. Hollows on 06/15/09. (cc: USM)(Plummer, M)
June 26, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/26/09 DENYING 21 Motion for subpoenas without prejudice. (Dillon, M)
September 21, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/21/09 ORDERING that 25 Motion to Proceed IFP is DENIED as unnecessary. Within 20 days, defendants shall file a response to plaintiffs 9/9/09 first amended complaint; Clerk of the Court shall serve a copy of the 9/9/09 first amended complaint on defendants.(Dillon, M)
October 1, 2009
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DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Gregory G. Hollows on 10/1/09: Discovery due by 1/15/2010; All Pretrial Motions, except motions to compel discover, due by 3/12/2010; Pretrial Conference and Trial dates will be set as appropriate. (Yin, K)
October 23, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/22/09 ORDERING that w/in 20 days, dfts to file a response to the 30 second amended cmplt. (Yin, K)
April 5, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 04/05/10 ordering plaintiff's motions for leave to file third and fourth amended complaints 38, 51 are vacated as superseded by plaintiff's motion to file the fifth amended complaint 58. Plaintiff's motion to extend the discovery cut-off deadline 56 is granted; the dates set in the 10/01/09 scheduling order are vacated and will be re-set following resolution of defendants' motion to dismiss, if appropriate; discovery is stayed pending resolution of the motion to dismiss. Plaintiff's motion to amend 52 is denied. (Plummer, M)
June 14, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 06/11/10 recommending that defendants motion to dismiss filed on 11/10/09 39 be granted and this case dismissed. Motion to Dismiss 39 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
July 30, 2010
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ORDER denying 68 Pltf's Motion to Stay, signed by Magistrate Judge Gregory G. Hollows on 7/30/10. (Kastilahn, A)
April 27, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 04/27/12 ( Evidentiary Hearing set for 8/14/2012 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows.) No later than 45 days prior to the evidentiary hearing, defendant shall inform the court if plaintiff's facility will be able to provide video conferencing so plaintiff may appear by video. (See order for further details) (Plummer, M)
June 20, 2012
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 06/19/12 ordering effective as of the date of entry of this order, the stay on discovery is partially lifted as to the issue of exhaustion of administrative remedies. Discovery requests served before the entry date of this order shall be treated as served on the entry date of this order. Any further requests for written discovery must be served within 2 court days of the entry of this order. Written discovery responses are due via electronic or personal service on or before 07/13/12. The parties shall submit witness lists and exhibit lists on or before 07/20/12. The partial lift of the discovery stay as to the issue of exhaustion of administrative remedies shall expire on 07/20/12. (Plummer, M)
July 25, 2012
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Gregory G. Hollows on 07/25/12 ORDERING the Custodian to produce Darryl Hubbard at 08/14/12 at 9:00 a.m. in courtroom 9 before Judge Gregory G. Hollows. 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) (Plummer, M)(3 certified copies sent to the Warden, SVSP. Courtesy copy sent by fax to Litigation Coordinator SVSP at 831-678-5503) Modified on 7/25/2012 (Plummer, M).
July 25, 2012
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Gregory G. Hollows on 07/25/12 ordering the custodian to produce Michael M. Cottrell via video conferencing at 08/14/12 at 9:00 a.m. in courtroom 9 before Judge Gregory G. Hollows. 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: I.T. Dept, Sacramento)(3 certified copies of this writ sent to the Warden, CSP Sacramento)(Plummer, M)
September 27, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/26/2012 RECOMMENDING that the 39 motion to dismiss for failure to exhaust administrative remedies be denied. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
October 25, 2012
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ORDER signed by Judge John A. Mendez on 10/24/12 ADOPTING IN FULL 107 Findings and Recommendations; DENYING 39 Motion to Dismiss. (Meuleman, A)
January 14, 2013
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ORDER signed by Magistrate Judge Allison Claire on 1/11/13 plaintiff's 10/22/12 and 12/03/12 motions for electronic filing 109, 113 are denied. Plaintiff's 11/29/12 and 12/21/12 motions to continue the discovery deadline 112, 115 are denied. (Plummer, M)
January 13, 2014
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ORDER signed by Magistrate Judge Allison Claire on 01/13/14 granting 130 Motion to modify the dispostive motion deadline. Dispositive motions shall be filed no later than 60 days after the court rules on the pending motion to compel. (Plummer, M)
March 18, 2014
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ORDER signed by Magistrate Judge Allison Claire on 03/17/14 ordering defendants must submit a proposed protective order within 7 days with respect to the discovery ordered below. Plaintiff's motion to compel further discovery responses 123 is granted in part to the extent specified above, as to the following discovery requests: a) Int. Nos. 8,9,11,12, and 13 propounded upond defendant Houghland; b) RFP Nos. 1,2,3,4,5,6 and 7 directed to defendant Houghland; c)Int. Nos. 6,7,11 propounded upond defendant McBride; and d) RFP Nos. 1 and 4 directed upon defendant McBride. The motion is denied in all other respects. Upon issuance of a protective order, the discovery responses and documentation herein ordered must be provided to plaintiff within 30 days. (Plummer, M)
August 13, 2014
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ORDER signed by District Judge Troy L. Nunley on 8/12/14 ORDERING that, upon reconsideration, the 133 Order of the magistrate judge filed 3/18/14, is AFFIRMED. (Meuleman, A)
August 28, 2014
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PROTECTIVE ORDER regarding the 133 court order denying in part, and granting in part, plaintiff's motion to compel, signed by Magistrate Judge Allison Claire on 8/27/2014. See Order for Details. (Yin, K)
October 8, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/7/2014 DENYING, as unnecessary, plaintiff's 140 motion for a new Scheduling and Discovery Order. (Yin, K)
December 24, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/23/14 ordering defendants must file proof of having timely served the supplemental responses forthwith, and in any case, within 7 days of the date of this order. (Plummer, M)
March 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 3/2/2015 ORDERING that plaintiff's 149 motion for an extension is DENIED in part and GRANTED in part, denied as premature with respect to the the request to extend the time for pretrial statements and disclosures and granted with respect to the request to extend the time for dispositive motions, and the parties have 60 days to file any dispositive motions; plaintiff's 151 motion for leave to submit additional discovery requests is DENIED; and plaintiff's 150 motion for clarification is GRANTED to the extent clarification regarding plaintiff's claims has been provided with this order. (Yin, K)
May 19, 2015
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ORDER signed by Magistrate Judge Allison Claire on 05/18/15 ordering that within 14 days of the filing of this order, the parties shall each file a signed Notice Regarding Waiver of Disqualification, indicating whether they will agree to the undersigned serving as the settlement judge. (Plummer, M)
June 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/2/2015 SETTING a settlement conference for 8/3/2015 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Parties shall submit confidential settlement statements no later than 7/27/2015. (cc: CKD, ADR) (Yin, K)
November 2, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/30/15 ORDERING that Amir Nassihi, Joan Camagong, and Alicia Donahue of Shook, Hardy & Bacon are appointed as counsel in the above entitled matter for the purpose of pursing this action on plaintiffs behalf through pretrial and trial. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at [email protected] if they have any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Amir Nassihi, Joan Camagong, and Alicia Donahue, Shook, Hardy & Bacon, One Montgomery Street, Suite 2700, San Francisco, CA 94104. (Joan Camagong is not admitted to the Eastern District of California. Ms. Camagong to file petition for admission to the district.)(Dillon, M)
July 1, 2016
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ORDER signed by Magistrate Judge Allison Claire on 06/30/16 ordering that on 7/27/16 plaintiff shall appear in person for the 10:00 a.m. hearing on counsel's motion to withdraw. (Plummer, M)
July 21, 2016
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ORDER signed by Magistrate Judge Allison Claire on 07/20/16 granting 166 Motion for leave to appear telephonically. (Plummer, M)
October 18, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/18/16 ordering plaintiff's motion for a gag order 170 is construed as a motion for a protective order and is denied. Plaintiff's motion to compel 171 is denied. (Plummer, M)
November 2, 2016
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ORDER signed by District Judge Troy L. Nunley on 11/2/2016 IT IS SO ORDERED The parties are ORDERED to exchange copies of any exhibits which have not already been provided to the opposing party by 5:00 PM on 11/7/2016; The Court will not permit any exhibits to be admitted at trial that were not provided to the opposing party prior to 11/7/2016; Lastly, it is mandatory the parties shall file a short, jointly-prepared statement concerning the nature of this case that will be read to the jury at the commencement of trial (NO EXCEPTIONS); the statement must be filed with the Court by 5:00 PM on 11/11/2016.(Reader, L)