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09-1803 - (PC) Develder v. Hirshler et al


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09-1803 - (PC) Develder v. Hirshler et al
March 10, 2010
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 3/10/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Michael Develder to the clerk until the balance of $350 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)
October 18, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/18/10 ORDERING the Clerk of the Court to mail plaintiff one form USM-285 and a copy of the amended pleading filed April 12, 2010. Within 60 days from the date this order is served, plaintiff may submit the attached Notice of Submission of Documents with a completed form USM-285 providing instructions for service of process upon defendant Housley and two copies of the pleading provided to plaintiff.(Williams, D) Modified on 11/3/2010 (Williams, D).
January 21, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 01/21/11 ORDERING that plaintiffs claims against defendant Housley are dismissed without prejudice. This action now proceeds on plaintiffs claims against defendant Hirshler only. Housley terminated. (Williams, D)
February 27, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/12 ORDERING that plaintiff shall, within 30 days of the date of this order, file an appropriate motion based on the Federal Rules of Civil Procedure and indicate how, or if, he intends to proceed with this lawsuit. (Dillon, M)
September 10, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/12 DENYING 21 Motion for default judgment. (Dillon, M)
October 22, 2012
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[DISCHARGED PURSUANT TO 26 ORDER] ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 10/22/2012 ORDERING that, within 21 days, plaintiff shall show cause why this action should not be dismissed for failure to prosecute. (Yin, K) Modified on 11/8/2012 (Yin, K).
November 8, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2012 DISCHARGING the 23 order to show cause, and the court will resolve the motion for default in due course. (Yin, K)
September 30, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/30/2013 GRANTING-IN-PART 24 Motion for default. Defendant Hirshler shall have 21 days from the date of service of this order to request a hearing or otherwise contest the damages sought by plaintiff in his motion for entry of default. Plaintiff shall have 21 days from the date of this order fo file the affidavit required by 50 U.S.C. App. 521(b)(1). The USM Shall serve a copy of this order and 24 Motion for entry of default on Defendant J. Hirshler. (Donati, J)
June 23, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/23/2014 DENYING 24 & 30 Motions for Default Judgment. Plaintiff is GRANTED leave to file an amended complaint to allege sufficient facts to state an Eighth Amendment claim again defendant Hirshler within 30 days of service of this order. The US Marshal shall serve a copy of this order on defendant Hirshler. (cc USM-Priority)
September 5, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 09/04/14 denying 32 Motion for Reconsideration. If plaintiff wishes to file an amended complaint as discussed in the order of 06/23/14, he shall do so within 21 days of the service of this order. (Plummer, M)
December 19, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/18/14 ORDERING that Service is appropriate for defendant Hirshler; The U.S. Marshal shall personally serve a copy of this order and the amended complaint 36 on defendant J. Hirshler at 7340 Woodrow Dr., Oakland, California, 94611; Defendant Hirshler shall respond to the complaint within 21 days after service, pursuant to Federal Rule of Civil Procedure 12; and Should defendant fail to answer or otherwise respond to the amended complaint, plaintiff may again seek default judgment against him.(Dillon, M)
March 17, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/16/15 ORDERING that 41 Motion for Extension of time. Defendant shall file his response to the complaint on or before April 3, 2015.(Dillon, M)
May 12, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/11/2015 DENYING plaintiff's 49 request for appointment of counsel. (Yin, K)
January 27, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/27/16 ORDERING that the clerk of the court shall randomly assign a District Judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Also, RECOMMEENDING that defendant's motion to dismiss 45 be denied. Motion to Dismiss 45 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
March 24, 2016
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ORDER signed by District Judge Troy L. Nunley on 3/23/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/27/16 53 are ADOPTED in full; and Defendant's MOTION to DISMISS 45 is DENIED. (Mena-Sanchez, L)
April 14, 2016
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ORDER denying 56 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 04/13/16. (Plummer, M)
December 19, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/16 Plaintiffs objection, construed as a motion to quash 59 is granted. Defendants subpoena request is limited to medical records from the period of January 2006 to the present. Defendant shall return or destroy any records received that fall outside of this time frame. Plaintiffs request for an extension of time 61 is denied. Plaintiffs motion to compel 63 is granted as to RFP No. 1 to the extent that, within 21 days of the date of this order, defendant shall produce prisoner grievances (and the prisons corresponding responses), based on defendants deliberate indifference to medical needs from January 2005 through December 2009. To the extent such information implicates privacy rights, defendant may redact identifying personal information from responsive documents. In all other respects, the motion is denied. (Plummer, M) Modified on 12/19/2016 (Plummer, M).
January 25, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/24/17 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or as statement of no opposition. (Plummer, M)
February 23, 2017
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[VACATED PURSUANT TO 80 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/22/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K) Modified on 4/21/2017 (Yin, K).
April 21, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/20/2017 VACATING the 2/23/2017 findings and recommendations 76. Within 21 days, plaintiff shall file a response to the motion for summary judgment. Defendant's reply, if any, is due 7 days after plaintiff's response is docketed on CM/ECF. (Yin, K)
June 21, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2017 GRANTING 87 Motion for Extension of Time. Plaintiff to file opposition within 30 days from the date this order is served. (Henshaw, R)
September 5, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/5/2017 RECOMMENDING 65 Motion for Summary Judgment be granted. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
September 26, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/26/2017 GRANTING 94 Motion for Extension of Time. Plaintiff has 30 days from the date this order is served to file his objections. (Henshaw, R)