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09-1523 - (PC) Harris v. Zamudio, et al


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09-1523 - (PC) Harris v. Zamudio, et al
June 16, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/15/09 ORDERING that plaintiff shall submit, within 30 days, a completed affidavit in support of his request to proceed in forma pauperis and a certified copy of his prison trust account statement for the six month period immediately preceding thefiling of the complaint. Clerk of the Court is directed to send plaintiff a new Application to Proceed IFP By a Prisoner.(Dillon, M)
September 25, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/25/09 ORDERING that 9 Motion to Proceed IFP is GRANTED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action, with an initial partial filing fee of $ 1.82. All fees shall be collected and paid in accordance with this courts order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiffs claims against defendants Walker, Hill, and Forsterer are DISMISSED with leave to file an amended complaint within 30 days.(Dillon, M)
September 25, 2009
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 9/24/09 ORDERING the director of the CDC to collect an initial partial filing fee of $1.82 and thereafter, forward payment from the prison trust account of Devonte B. Harris to the clerk until the balance of $348.18 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
June 3, 2010
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ORDER denying 21 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 06/03/10. (Plummer, M)
May 24, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 05/23/11 ORDERING that a District Judge be randomly assigned to this case. U.S. District Judge Lawrence K. Karlton randomly assigned to this case. Also, RECOMMENDING that defendants' 09/07/10 motion to dismiss 30 be granted for plaintiff's failure to exhaust administrative remedies as to defendant Zamudio and this defendant be dismissed, and denied as to defendants Forrester, Hill and Walker MOTION to DISMISS 30 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
September 21, 2012
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ORDER signed by Judge Lawrence K. Karlton on 9/21/12 ADOPTING, except as provided in this order, 44 FINDINGS AND RECOMMENDATIONS. Defendants' 30 motion to dismiss is GRANTED for plaintiff's failure to exhaust administrative remedies as to defendant Zamudio and this defendant is DISMISSED, and the motion is DENIED as to defendants Forsterer, Hill and Walker. (Kastilahn, A)
December 3, 2012
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ORDER signed by Magistrate Judge Allison Claire on 12/3/12 ORDERING that by order filed on September 21, 2012, defendants motion to dismiss was denied as to defendants Forsterer, Hill and Walker. These defendants must file an answer to plaintiffs second amended complaint within 30 days of the date of service of this order.(Dillon, M)
February 8, 2013
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ORDER signed by Judge Lawrence K. Karlton on 2/7/2013 AFFIRMING 48 Order adopting Findings and Recommendations; DENYING, as moot, 51 Motion for Reconsideration re 50 Order on Motion for Extension of Time. (Michel, G)
October 4, 2013
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ORDER signed by Magistrate Judge Allison Claire on 10/3/2013 GRANTING plaintiff's 69 motion for an extension of time; plaintiff has 30 days to file any cross-motion for summary judgment and his opposition to defendants' 9/24/14 motion for summary judgment; and DENYING, as moot, plaintiff's 62 motion to compel. (Yin, K)
June 17, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/16/14 RECOMMENDING that Defendants motion for summary judgment (ECF No. 67) be denied; Plaintiffs motion for summary judgment (ECF No. 72) be denied; and this matter proceed to trial. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days. (Dillon, M)
August 13, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/12/14 ADOPTING IN FULL 76 Findings and Recommendations; DENYING 67 and 72 Motions for Summary Judgment. This matter will proceed to trial. (Meuleman, A)
November 24, 2014
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ORDER signed by Magistrate Judge Allison Claire on 11/21/14 ordering ( Settlement Conference set for 2/6/2015 at 11:00 AM at California State Prison-Corcoran before Magistrate Judge Michael J. Seng.) Each party shall provide a confidential settlemnt statement to Sujean Park, 501 I Street, Suite 4-200, Sacramento, CA, 95814 or via emai at [email protected], so they arrive no later than 1/30/15 and file a Notice of Submission of Confidential Settlement Conference Statement. The clerk of the court shall serve a copy of this order on the Litigation Office at CSP-Corcoran via facsimile at 559-992-7372. (cc: ADR Director, MJS)(Plummer, M)
November 24, 2014
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ORDER signed by Magistrate Judge Allison Claire on 11/21/14 ordering the pending pretrial conference date of 1/30/15 as set forthi in the 11/07/14 further scheduling order, 80 is hereby vacated. In the event the parties are unable to reach a settlement, the pretrial conference is herein re-set for 03/06/15. Plaintiff's pretrial statement and any motions necessary to obtain the attendance of witnesses at trial will now be due 02/13/15. Defendants' pretrial statement must be filed no later than 2/27/15. At this time, the jury trial remains set for 6/08/15 at 9:00 a.m. before the Honorable Troy L. Nunley. (Plummer, M)
November 25, 2014
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ORDER signed by Magistrate Judge Allison Claire on 11/24/14 denying 79 Motion to Appoint Counsel. (Dillon, M)
April 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/02/15 ordering defendants' motion to dismiss 93 is denied. Plaintiff's motion for medical and mental health experts 96 is denied. Plaintiff's motion for leave to file a third amended complaint 97 is denied. Plaintiff's motion for the appointment of counsel 98 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 plaintiff's behalf through pretrial and trial, including potentially retaining a medical and/or mental health expert(s) on plaintiff's behalf. Within 30 days of appearance in this case, counsel for plaintiff may file an amended pretrial statement. The jury trial set for 6/08/15 at 9:00 a.m. 80 is hereby vacated and re-set for jury trial before the Honorable Troy L. Nunley on 1/11/16 at 9:00 a.m. in courtroom #2. (cc: ADR Director)(Plummer, M) Modified on 4/3/2015 (Plummer, M).
April 20, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/17/15 ordering Donald A. Lancaster Jr. is appointed as counsel in the above entitled matter. The Clerk of the Court shall serve a copy of this order upon Donald A. Lancaster, Jr., the Lancaster Law Group, 21900 Burbank Blvd, 3rd Floor, Woodland Hills, CA, 91367. Within 30 days of the filing of this order, counsel for plaintiff may file an amended pretrial statement. (See order for further details)(Plummer, M)
June 11, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/11/15 ORDERING that Motions in this case are no longer governed by Local Rule 230(l) and the otherprovisions of Local Rule 230 shall govern motions going forward. Plaintiffs request for an August 28, 2015 deadline to seek leave to amend thecomplaint (ECF No. 103) will be granted in part, and plaintiff shall have sixty days from the filing of this order to file and serve a motion for leave to amend the complaint. Pursuant to the stipulation of the parties (ECF No. 105), discovery is re-opened. Discovery shall be completed, and all motions pertaining to discovery shall be noticed for hearing, by November 15, 2015. The jury trial set for January 11, 2016, at 9:00 a.m. before the Honorable Troy L. Nunley, is hereby VACATED. Pretrial conference and trial dates will be re-set, as appropriate, following resolution of any motion to amend or the expiration of the time for filing such a motion.(Dillon, M)
November 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/16/2015 and stipulated between the parties to extend the discovery cut-off date. Discovery shall be completed, and all motions pertianing to discovery shall be noticed for hearing, by 1/15/2015. All other deadlines shall remain unchanged. (Yin, K)
January 14, 2016
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ORDER signed by Magistrate Judge Allison Claire on 1/14/16 ORDERING that all motions pertaining to discovery shall be filed by February 29, 2016; Plaintiff's initial disclosures shall be served no later than January 29, 2016; The deposition of Defendant Walker and any witnesses identified in Plaintiff's initial disclosures shall occur no later than February 19, 2016. All other deadlines shall remain unchanged.(Dillon, M)
March 10, 2016
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ORDER signed by Magistrate Judge Allison Claire on 03/10/16 denying 114 Motion for Sanctions. Defendants shall have until 03/24/16, to either contact the court to schedule an informal telephonic conference or file a discovery motion if they find plaintiff's disclosures and discovery responses served 03/05/16 to be deficient. If defendants choose to file a motion rather than schedule an informal telephonic conference, the motion shall be heard no later than 4/27/16. Defendants shall have until 4/11/16, to depose any witnesses identified in plaintiff's disclosures and discovery responses served 03/05/16. The pretrial conference set for 5/20/16 is vacated and re-set for 06/20/16. The pretrial conference shall be conducted on the file only without appearance by either party.14 days before the date scheduled for the conference, plaintiff shall file the statement required by Local Rule 281. 7 days before the conference, defendants shall file their statement pursuant to the same rule. The jury trial in this matter remains set for 10/17/16 at 9:00 a.m. in courtroom 2 before the Honorable Troy L. Nunley. (Plummer, M)
March 15, 2016
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he phone call by calling Mr. Lancaster at 310-345-9613. The telephone conversation shall be a confidential communication between attorney and client and conducted so as not to be overheard by correctional staff or others. Correctional staff, howeveORDER signed by Magistrate Judge Allison Claire on 03/14/16 ordering the Warden, Litigation Coordinator and other correctional staff as needed at COR, shall facilitate a confidential telephone call between Devonte B. Harris and attorney Donald A. Lancaster, Jr. The confidential telephone call shall be placed on Monday 03/21/16 to begin at 10:00 a.m. and shall continue without interruption for a maximum of 90 minutes or until completed, whichever is earlier. Correctional staff shall initiate tr, may keep inmate Harris under visual surveillance during the conversation. The Clerk of the Court is ordered to serve this order by facsimile (559) 992-7372 and email on the Warden and Litigation Coordinator at COR. (Plummer, M)(Copy of this order emailed to Warden and Litigation Coordinator. Courtesy copy sent by fax to 559-992-7372.) Modified on 3/15/2016 (Plummer, M).
June 2, 2016
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ORDER signed by Magistrate Judge Allison Claire on 6/1/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Donald Aquinas Lancaster, Jr., is GRANTED. (Crouch, J)
August 15, 2016
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ORDER signed by Magistrate Judge Allison Claire on 8/12/2016 GRANTING defendants' 145 motion to shorten time. The 146 motion to compel shall be heard on 8/24/2016 at 11:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. The 8/24/2016 hearing will include a discussion of case management and case status generally. (Yin, K)
September 1, 2016
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ORDER signed by Magistrate Judge Allison Claire on 9/1/16 ORDERING that by close of business on September 2, 2016, the parties must each file a notice with the court advising whether they will waive disqualification of the undersigned acting as settlement judge. The matter will in any case be scheduled before the first available settlement judge. By close of business on September 2, 2016, the parties must each file a notice advising the court whether they consent or decline to proceed before a United States Magistrate Judge. The pretrial order and any deadlines contained therein (ECF No. 141) are VACATED. The October 17, 2016 trial is VACATED. Trial will be rescheduled before the proper judge once the parties return notices advising whether they consent to Magistrate Judge jurisdiction.(Dillon, M)
September 7, 2016
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ORDER signed by Magistrate Judge Allison Claire on 09/06/16 ordering ( Jury Trial set for 9/18/2017 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley., Settlement Conference set for 11/14/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are directed to submit confidential settlement statements no later than 11/07/16 to [email protected] (cc: CKD) (Plummer, M)
September 26, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 9/26/16 ORDERING the Custodian to produce Devonte B. Harris on 11/14/2016 at 9:30 am in Courtroom 24 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)(Dillon, M)
October 19, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/18/2016 ORDERING all dates are VACATED. The 157 Order and Writ filed 9/26/2016 is VACATED. The Clerk shall serve a courtesy copy of this order on the Warden, and CSP-SAC Out-To-Court-Desk, and fax a copy to the Litigation Coordinator. (cc: OTCD) (Copies served by mail on CSP-COR Warden and by fax to CSP-COR Litigation Coordinator) (Yin, K) Modified on 10/19/2016 (Yin, K).