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10-032 - (PC) Draper v. Rosairo et al


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10-032 - (PC) Draper v. Rosairo et al
August 13, 2010
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/12/2010 ORDERING that pltf's 2 motion to proceed IFP is GRANTED; pltf's 6 motion for protective order, 7 motion for discovery, and 11 motion for order re discovery are DENIED; and RECOMMENDING that pltf's 8 motion for a preliminary injunction be denied. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 14 days. (Yin, K)
August 13, 2010
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of John Clint Draper signed by Magistrate Judge Edmund F. Brennan on 8/12/2010. CDC is to collect monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
September 29, 2010
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ORDER adopting 12 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Frank C. Damrell, Jr on 9/29/10: Plaintiff's motion for a preliminary injunction is denied 8. (Kaminski, H)
January 4, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/4/11 ORDERING that plaintiff submit either (1) the documents necessary to effect service on defendants Rosario, Flowers, Roger and Rallos or (2) an amended complaint in compliance with the courts October 15 order.(Dillon, M)
March 15, 2011
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(VACATED PER ORDER 26) FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/15/11 RECOMMENDING that this action be dismissed for failure to prosecute re 1 Prisoner Civil Rights Complaint filed by John Clint Draper. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M) Modified on 4/13/2011 (Schultz, C).
April 5, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 04/05/11 vacating 24 FINDINGS AND RECOMMENDATIONS. With this order the clerk of the court shall provide plaintiff a blank summons, a copy of the 01/05/10 complaint, 4 USM-285 forms and instructions for service of process on defendants Rosario, Flowers, Rogers and Rallos to be completed with the attached notice of submission of documents within 30 days. (Plummer, M)
October 26, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/2011 DENYING pltf's 35 motion for default judgment. (Yin, K)
March 9, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/9/2012 RECOMMENDING that defendants' 37 motion to dismiss be denied as to plaintiff's Eighth Amendment excessive force claim against defendant Rosario, but granted as to all other claims; defendant Rosario be ordered to file an answer to the complaint within the time provided in Rule 12 of the F.R.Civ.P.; and plaintiff be granted leave to file an amended complaint within 30 days of an order adopting these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
March 30, 2012
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ORDER signed by Judge Kimberly J. Mueller on 3/30/12 ADOPTING 45 Findings and Recommendations in full, DENYING 37 Motion to dismiss as to plaintiff's eighth amendment excessive force claim against defendant Rosario and GRANTING 37 Motion to Dismiss as to all other claims. Plaintiff is GRANTED 30 days leave to file an amended complaint. Defendant Rosario is ordered to file an answer to the amended complaint within the time provided by FRCP Rule 12. (Donati, J)
May 18, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/18/12 DENYING 52 Motion to file a supplemental opposition to defendants answer. (Dillon, M)
June 18, 2012
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efendant Rosario; 54 Jury Demand filed by John Clint Draper is DISREGARDED. (Waggoner, D)ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/2012 ORDERING for the purposes of 1915A screening, 49 Amended Prisoner Civil Rights Complaint filed by John Clint Draper states a cognizable Eighth Amendment excessive force claim against d
June 26, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/26/2012 GRANTING 57 Request to Conduct Plaintiff's Deposition via Videoconference. (Michel, G)
June 29, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/29/12 ordering that plaintiff's 06/25/12 request 59 is denied. (Plummer, M)
July 25, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/12 ordering that plaintiff's 07/09/12 request 61 is denied. (Plummer, M)
October 15, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/15/2012 DENYING plaintiff's 68 request for appointment of counsel. (Yin, K)
November 2, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/01/12 denying 66 Motion to Compel and denying 67 Motion for writs of habeas corpus ad testificandum. (Plummer, M)
December 12, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/2012 DENYING 72, 73 Motions for the disqualification of Magistrate Judge Brennan. (Michel, G)
January 10, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/10/2013 DENYING plaintiff's 79 motion for a deposition transcript. (Yin, K)
January 17, 2013
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ORDER signed by Judge Kimberly J. Mueller on 1/16/13 GRANTING 74 Motion for Reconsideration. The 71 Order on Motion to Compel is AFFIRMED. (Manzer, C)
April 17, 2013
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ORDER signed by Judge Kimberly J. Mueller on 4/16/13 ORDERING that, upon reconsideration, the order of the magistrate judge filed January 10, 2013, is affirmed. (Becknal, R)
July 30, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/29/13 ORDERING that plaintiff's motions for appointment of an expert 81 and for a court order 94 are denied without prejudice. Also, RECOMMENDING that Rosario's 12/28/12 motion for summary judgment 77 be denied. Motion 77 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 24, 2013
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ORDER ADOPTING 97 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 9/23/13 ORDERING that the defendant's 77 Motion for Summary Judgment is DENIED. Attorney Judson Earle Lobdell appointed for John Clint Draper. A Settlement Conference is set for 12/12/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Confidential Settlement Conference Statements due at least 7 days prior to conference. Final Pretrial Conference set for 2/6/2014 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Joint Pretrial Conference Statement due by 1/23/14. (Manzer, C)
November 27, 2013
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ORDER signed by Judge Kimberly J. Mueller on 11/26/2013 GRANTING in part and DENYING in part plaintiff's 104 Motion to Re-Open Discovery. Parties shall exchange Initial Disclosures within 14 days of date of Order. The new Discovery deadline is 1/31/2014. The Settlement Conference is CONTINUED to 2/6/2014 at 10:00 AM in Courtroom 3 (KJM). Final Pretrial Conference is RE-SET for 3/20/2014 at 3:30 PM in Courtroom 3 (KJM). Parties' Joint Pretrial Statement due 3/6/2014. Trial is SET for 4/21/2014 at 9:00 AM in Courtroom 3 (KJM). (Marciel, M)
January 10, 2014
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ORDER signed by Judge Kimberly J. Mueller on 1/9/14 DENYING plaintiff's request for the production of materials from defendant's personnel file. The Clerk is directed to file under seal the materials produced by defendant in camera in order to preserve the record. (Manzer, C)
January 30, 2014
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Kimberly J. Mueller on 1/30/14 ORDERING the cusodian to produce John Clint Draper in court on Thursday, February 6, 2014 at 10:00 a.m. The custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc OTCD) (Dillon, M)
February 20, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/20/14 ORDERING the Custodian to produce John Clint Draper at 3:30 pm on March 20, 2014 in Courtroom 3 before Judge Kimberly J. Mueller. 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; 3 certified copies served on Warden)(Dillon, M)
April 3, 2014
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(DISREGARD; REFER TO AMENDED ORDER 137) ORDER signed by Judge Kimberly J. Mueller on 4/3/14 ORDERING that the parties' MOTIONS on limine are due by 4/7/14, oppositions due by 4/14/14, and any replies by 4/21/14. Jury Trial is SET or 5/5/2014 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Each party is granted fourteen days from the date of this order to file objections to the same. (Mena-Sanchez, L) Modified on 4/7/2014 (Schultz, C).
April 3, 2014
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AMENDED FINAL PRETRIAL ORDER signed by Judge Kimberly J. Mueller on 4/3/14. The parties' MOTIONS on limine are due by 4/7/14, oppositions due by 4/14/14, and any replies by 4/21/14. The parties should inform the court whether resolution of any of the motions might require an evidentiary presentation. Each party is granted fourteen days from the date of this order to file objections to the same. If no objections are filed, the order will become final without further order of this court.(Mena-Sanchez, L) Modified on 4/3/2014 (Mena-Sanchez, L). Modified on 4/11/2014 (Schultz, C).
April 7, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/07/14 ordering the Custodian to produce John Clint Draper on 05/5/14 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)( 3 certified copies sent to the Warden, California Men's Colony)(Plummer, M) Modified on 4/7/2014 (Plummer, M).
April 7, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/07/14 ordering the Custodian to produce Michael Dwayne Haynes on 05/5/14 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)( 3 certified copies sent to the Warden, CSP-Sacramento)(Plummer, M)(Plummer, M)
April 7, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/07/14 ordering the Custodian to produce John Edward Mitchell on 05/5/14 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)( 3 certified copies sent to the Warden,California Substance Abuse Treatment Facility and State Prison Corcoran)(Plummer, M)(Plummer, M) Modified on 4/7/2014 (Plummer, M).
April 7, 2014
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[VACATED PURSUANT TO 4/08/14 ORDER]ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/07/14 ordering the Custodian to produce Richard Shepard on 05/5/14 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)( 3 certified copies sent to the Warden, Correctional Training Facility, Soledad)(Plummer, M)(Plummer, M) Modified on 4/8/2014 (Plummer, M).
April 7, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/07/14 ordering the Custodian to produce Frank Samuel Thompson on 05/5/14 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)( 3 certified copies sent to the Warden, CSP-Solano)(Plummer, M)(Plummer, M)
April 7, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/07/14 ordering the Custodian to produce Mario Thompson on 05/5/14 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. 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)( 3 certified copies sent to the Warden, CSP-Solano)(Plummer, M) (Plummer, M)
April 7, 2014
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ORDER signed by Judge Kimberly J. Mueller on 4/7/14 DENYING the request to obtain the presence of Inmate Shepard and GRANTING the request to obtain the presence of Inmates Frank Thompson, Mario Thompson, Michael Haynes and John Mitchell. The Clerk is directed to issue the appropriate writs. (Manzer, C)
April 8, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 04/08/14 ordering the 04/07/14 writ to provide for inmate Shepard's presence on May 5th 150 is vacated. The clerk is directed to serve a copy of this order on the Warden, Correctional Training Facility. (cc: OTCD)(Copy of this order served on the Warden, Correctional Training Facility)(Plummer, M) Modified on 4/8/2014 (Plummer, M).
April 25, 2014
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ORDER signed by Judge Kimberly J. Mueller on 4/25/14 ORDERING that Defendant's MOTION to supplement his witness and exhibit lists, 159 is GRANTED in part and DENIED in part. Defendant's supplemental witness and exhibit lists are due by 5/2/2014; and Plaintiff's MOTION to admit the declarations of Richard Shepard, 162 is DENIED. (Mena-Sanchez, L)
May 9, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/8/14 ORDERING the Custodian to produce John Clint Draper at 9:00 on 6/16/14 in Courtroom 3. 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)
May 9, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/8/14 ORDERING the Custodian to produce Michael Dwayne Haynes at 9:00 on 6/16/14 in Courtroom 3. 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)
May 9, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/8/14 ORDERING the Custodian to produce John Edward Mitchell at 9:00 on 6/16/14 in Courtroom 3. 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)
May 9, 2014
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[VACATED - See 208 Order] ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/8/14 ORDERING the Custodian to produce Frank Samuel Thompson, Jr. at 9:00 on 6/16/14 in Courtroom 3. 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) Modified on 6/10/2014 (Michel, G).
May 9, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 5/8/14 ORDERING the Custodian to produce Mario Thompson at 9:00 on 6/16/14 in Courtroom 3. 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)
June 9, 2014
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ORDER signed by Judge Kimberly J. Mueller on 6/9/2014 VACATING the 196 Order and Writ of Habeas Corpus Ad Testificandum Issued for witness Frank Samuel Thompson, CDCR No. C-07772; DIRECTING the Clerk of Court to issue a Writ of Habeas Corpus Ad Testificandum for witness Richard Shepard, CDCR No. H-40705; DIRECTING the Clerk of Court to file under seal, the documents submitted by the plaintiff on 5/27/2014; DIRECTING the Clerk of Court to seal 205 Response. (cc: Out-to-Court Desk) (Michel, G) Modified on 6/10/2014 (Michel, G).
June 9, 2014
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Judge Kimberly J. Mueller on 6/9/2014 ORDERING the Warden to produce Inmate Richard Shepard, CDCR No. H-40705, at 09:00 AM on 6/16/2014 in Courtroom 3 (KJM) before Judge Kimberly J. Mueller, and from day to day until completion of court proceedings or as ordered by the court; ORDERING the Warden to notify the Court of any changes in custody and to provide any new custodian with a copy of this writ; DIRECTING the Clerk of Court to serve a courtesy copy of this order and Writ of Habeas Corpus Ad Testificandum on the Litigation Coordinator at Correctional Training Facility by fax at 831/678.5866. (Out-to-Court Desk) (Michel, G)
June 10, 2014
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ORDER signed by Judge Kimberly J. Mueller on 6/10/2014 ORDERING that if defendant seeks to introduce the video recording, lodged with the court on 5/29/2014, at trial set to begin 6/16/2014, he must be prepared to also make available for any questioning the court may allow the following persons: the officer who made the video, the attorney who certified that the video did not exist in response to plaintiff's motion to compel, and the person who located the recording at CSP-Solano. These persons shall be made available promptly, if ordered by the court, on the first day of trial or any day of trial thereafter. (Zignago, K.)
June 13, 2014
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ORDER ON REQUEST TO SEAL DOCUMENT(S) signed by Judge Kimberly J. Mueller on 6/12/14. The Clerk is directed to file under seal the current status update, submitted to the court on 6/11/14. (Manzer, C)
June 17, 2014
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PRELIMINARY JURY INSTRUCTIONS before Judge Kimberly J. Mueller on 6/17/2014. (Reader, L)
June 27, 2014
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ORDER signed by Judge Kimberly J. Mueller on 6/26/14 ORDERING that the current status update consisting of documents and a CD submitted to the court on 6/12/2014, will be filed under seal. (Kastilahn, A)
July 3, 2014
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ORDER by Judge Kimberly J. Mueller on 7/2/2014 re exclusion of recording during trial. (Owen, K)
July 24, 2014
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ORDER signed by Judge Kimberly J. Mueller on 7/23/2014 GRANTING defendant D. Rosario's 239 Application to Tax Costs and for Itemization of Costs. Plaintiff is taxed $3,018.35 in costs. (Marciel, M)
October 6, 2014
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ORDER signed by Judge Kimberly J. Mueller on 10/6/2014. During Trial, plaintiff sought to admit the Declaration of a witness describing interaction between plaintiff and defendant Rosario giving rise to instant lawsuit. The Court denied the Motion to Admit the declaration, but allowed plaintiff to provide a copy of Declaration for the record. In light of the showing made during Trial and as part of Request to Seal, that maintaining the Declaration in the public record might endanger the affiant, the Court is GRANTING plaintiff's Motion to Submit unredacted Declaration dated 1/28/2014 under seal,accessible only to counsel for plaintiff and defendant. See Hunt v. Fields, No. 2:09-CV-3525 KJM GGH P, 2012 WL 3070413, at *2 (E.D. Cal. July 26, 2012). Clerk directed to file witness declaration UNDER SEAL. (Marciel, M)
December 2, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 12/1/16. The Court will hold a hearing on the matter at 10:00 AM on 2/10/2017. Both parties have a deadline of 5:00 p.m. on 1/13/17 to submit initial briefs. Should the parties wish to submit rebuttal briefs, they must do so by 5:00 p.m. on 1/27/2017. (Mena-Sanchez, L)
January 5, 2017
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(DISREGARD; REFER TO AMENDED WRIT AT ECF NO. 281) ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by District Judge Kimberly J. Mueller on 1/4/17 ORDERING the Custodian to produce John Clint Draper, inmate H-14328 to testify before the United States District Court to appear by telephonic-conferencing at California Medical Facility, 2/24/17, at 10:00 a.m. (cc: IT Dept)(Mena-Sanchez, L) (Docket Text Modified on 1/5/2017 by C. Schultz)
January 5, 2017
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Kimberly J. Mueller on 1/5/17 ORDERING the Custodian to produce John Clint Draper via telephone conferencing at 10:00 am on 2/24/17 before Judge Kimberly J. Mueller. 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)(Dillon, M) (Docket Text Modified on 1/5/2017 by C. Schultz)
August 17, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 8/17/17 ORDERING the court DECLINES to award any costs to Rosario against Draper. (Becknal, R)