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10-760 - (PC) Christ v. Blackwell et al


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10-760 - (PC) Christ v. Blackwell et al
June 29, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/29/2010 DENYING pltf's 7 request for appointment of counsel.(Yin, K)
July 19, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/19/2010 DENYING pltf's 11 request for appointment of counsel. (Yin, K)
August 31, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/30/10 ORDERING that the complaint states cognizable claims for relief against all defendants. Defendants shall, within 30 days of the date this order is served, file a response to the complaint. (Dillon, M)
November 2, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/2/10 ORDERING that 22 Motion for production of documents is stricken and the Clerk shall make a notation on the docket to that effect. (Dillon, M)
May 17, 2011
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[DISCHARGED pursuant to 45 Order] ORDER signed by Magistrate Judge Edmund F. Brennan on 5/17/11 ORDERING that plaintiffs 24, 37, 38 motions for an order allowing plaintiff to contact witnesses are DENIED without prejudice; Plaintiffs 36 motion for an extension of time is DENIED; Defendants shall show cause within 14 days of the date of this order why the court should not issue an order compelling their responses to plaintiffs requests for production of documents and why sanctions and/or an award of expenses should not issue for their failure to respond or failure to timely respond to those discovery requests; Plaintiffs 29 motion to file documentary evidence is GRANTED.(Dillon, M) Modified on 8/30/2011 (Dillon, M).
August 30, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/30/11 DENYING 27 Motion to Compel. The 42 order to show cause is DISCHARGED. (Dillon, M)
September 7, 2011
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30 days. Defendants shall file their pretrial statement not later than 14 days after the filing of plaintiff's pretrial statement. The pretrial conference (as described in Local Rule 282) will be conducted on the file only, without appearance by either party. The date for jury trial will be set in the pretrial order. (Plummer, M) Modified on 9/7/2011 (Plummer, M).ORDER DIRECTING THE FILING OF PRETRIAL STATEMENTS signed by Magistrate Judge Edmund F. Brennan on 09/07/11 ordering plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial within
February 1, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/1/2012 ORDERING that plaintiff's 47 request to modify the scheduling order is DENIED; plaintiff's 1/3/2012 pretrial statement is DEEMED TIMELY FILED; defendants' 52 motion to dismiss is DENIED; and the clerk is to TERMINATE docket entries 48, 55. (Yin, K)
March 22, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/21/12 ORDERING that within 21 days of the date of this order, each party shall inform the court in writing as to whether they wish to proceed with the settlement conference before the undersigned magistrate judge or if they wish to wish to be referred to the courts mediation program. Clerk of the Court is directed to send each party the consent form for settlement conferences.(Dillon, M)
July 10, 2012
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 07/09/12 ordering the custodian to produce Jon Christ at 08/23/12 at 10:00 a.m. in courtroom 24 before Judge Edmund F. Brennan. 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)
July 31, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/12 ORDERING that Plaintiffs motion in limine 65 is DENIED without prejudice. Plaintiffs motion for a court-appointed expert 67 is DENIED. (Dillon, M)
November 8, 2012
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ered 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)ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 11/07/12 ORDERING the Custodian to produce Jon Christ at 12/20/12 at 10:00 a.m. in courtroom 24 before Judge Edmund F. Brennan. Custodian is ord
May 14, 2013
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 05/14/13 ordering within 30 days of the date of this order, plaintiff shall show cause why defendant Weiglein should not be dismissed under Federal Rule of Civil Procedure 4(m) due to plaintiff's failure to serve him. Within 30 days of the date of this order, defendants shall show cause why the court should not reconsider plaintiff's request for entry of default as to defendant Roszko. Within 30 days of the date of this order, the parties shall inform the court whether they wish to participate in an additional settlement conference. (Plummer, M)
July 18, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/18/13 ORDERING that the Order to Show Cause dated May 14, 2013 101 is DISCHARGED; Within 14 days of the date of this order, defendant Roszko shall file a motion to amend the answer to include defendant Roszko and/or to dismiss defendant Roszko under Federal Rule of Civil Procedure 4(m); Within 14 days of being served with defendants motion to amend and/or dismiss, plaintiff shall file an opposition to the motion or a statement of no opposition; and within seven days of service of plaintiffs opposition, defendants may file a reply brief.(Dillon, M)
August 15, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/14/2013 DENYING plaintiff's 98 motion for a bench trial. (Yin, K)
September 26, 2013
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ORDER denying 115 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 09/26/13. (Plummer, M)
December 13, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/13 denying 107 Motion to Dismiss. Plaintiff's 08/01/13 motion for service of the complaint, construed as a request for an extension of time under Rule 4(m) to effect service on defendant Roszko 108 is granted. Plaintiff may within 14 days of the date of this order, file a motion to proceed in forma pauperis in this action if plaintiff wishes the court to order the Marshal to serve the complaint on defendant Roszko. To avoid incurring further costs of service, counsel for defendant Roszko may accept service on his behalf. Counsel shall file such acknowledgment of service within 14 days of this order. Within 14 days of the date of this order, the parties shall inform the court whether they wish to file amended pretrial statments, rely on those filed in January 2012 62, 63, or seek to modify the current scheduling order. (Plummer, M)
February 25, 2014
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 02/24/14 ordering defendants to show cause within 30 days of the date of this order why the California Department of Corrections and Rehabilitation should not be compelled to allow plaintiff such limited correspondence with his witnesses, under this court's authority under the All Writs Act. Defense counsel is instructed to communicate and coordinate with counsel for the California Department of Corrections and Rehabilitation in responding to this order. (Plummer, M)
April 23, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/22/2014 GRANTING plaintiff's 124 motion for an order compelling CDCR to allow him limited correspondence with his witnesses, as follows: (1) CDCR shall allow plaintiff correspondence with inmates Dillinger and Rossignon; (2) within 21 days, CDCR shall provide plaintiff with the last known addresses of his remaining, formerly incarcerated witnesses; (3) within 21 days, counsel for defendants CDCR shall meet and confer with plaintiff to devise a workable means by which plaintiff can communicate with his formerly incarcerated witnesses, and the parties shall inofrm the court of the results of this process within 30 days; (4) in the event that counsel for defendants is not acting on behalf of CDCR, defense counsel shall provide a copy of this order to CDCR counsel. (See Order for Details) (Yin, K)
September 16, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/15/14 ORDERING that Plaintiffs motion for default judgment and sanctions (ECF No. 139) is denied; Plaintiffs request for an order for cease and desist (ECF No. 151) is denied without prejudice; Plaintiffs request for an order for defendant to respond to what this court stated during settlement conference (ECF No. 152) is denied; The parties shall inform the court within 21 days of the date of this order whether plaintiff has received addresses for witnesses DeJarlais, Pizzarusso, and Schuknecht; Plaintiffs motion for the location of former inmate Rossignon (ECF No. 149) is denied; CDCR (and any relevant institution within the departments purview) shall allow plaintiff correspondence with inmate Dillinger regarding facts relevant to this suit and to solicit declarations describing those facts and whether the witness will voluntarily testify at trial, subject to review only by prison officials to ensure institutional security; and in the event that counsel for defendants is not acting on behalf of CDCR, defense counsel shall provide a copy of this order to CDCR counsel. (Dillon, M)
September 1, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/31/15 ordering defendants' 12/30/14 motion for summary judgment 159 is construed as a motion for summary judgment on plaintiff's claims against defendant Roszko only, and, as such, is granted. Plaintiff's 2/23/15 motion for a court order regarding law library access 165 is denied without prejudice. Plaintiff's 3/25/15 motion for a court order regarding evidence 171 is denied without prejudice. (Plummer, M)
September 9, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/8/2015 ORDERING the parties to, no later than 30 days, submit confidential settlement statements as described in this order. (cc: ADR)(Yin, K)
September 24, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/15 DENYING 177 Motion to Appoint Counsel. (Dillon, M)
November 13, 2015
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ORDER denying 185 Motion for Sanctions signed by Magistrate Judge Edmund F. Brennan on 11/13/15. (Plummer, M)
December 3, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/03/15 denying defendants Balckwell, Broyles, Lopez, Voight and Zuniga 179 Motion to modify the schedule due to counsel's failure to demonstrate good cause. The aforementioned defendants shall have 30 days from the date of this order to file their motion for summary judgment. Plaintiff shall have 21 days from the date of service of the motion to file an opposition, and defendants shall have 7 days from the date of the fling of plaintiff's opposition to file a reply. Counsel for defendants Blackwell, Broyles, Lopez, Voight and Zuniga shall show cause in writing within 30 days why they should not be sanctioned for failing to adhere to the prior schedule. (Plummer, M)
January 20, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/20/16 denying 188 Motion, construed as a request for reconsideration. (Plummer, M)
August 4, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/3/2016 ORDERING within 30 days, Jeffrey E. Beeson, Michael A. Terhorst, and/or Beeson Terhorst LLP shall pay to the Clerk $500.00 in monetary sanctions for their failure to comply with Fed.R.Civ.P. 16 and the court's scheduling order. Counsel shall file an affidavit accompanying the payment of this sanction which states that it is paid personally, out of personal funds, and is not and will not be billed, directly or indirectly, to the clients or in any way made the responsibility of his clients as attorneys' fees or costs. Plaintiff's motions, objections, and requests appearing as ECF Nos. 197, 199 204, 205 and 206 are DENIED. Defendants' 193, 195 motion for summary judgment is DENIED as to plaintiff's claim that defendant Blackwell unlawfully retaliated against him by placing him in an upper floor/upper bunk cell and is GRANTED as to all remaining claims and defendants. This case is set for a Settlement Conference on 1/5/2017 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Counsel are DIRECTED to submit settlement conference statements to the settlement judge no later than 7 days prior to the conference. (cc: GGH, ADR, Financial)(Yin, K)
December 5, 2016
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/5/2016 ORDERING the custodian to produce Jon Christ E-12150 to testify in USDC at 9:00 a.m. on 1/5/2017 in courtroom 9, before Magistrate Judge Gregory G. Hollows; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
January 20, 2017
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 01/19/17 ORDERING that, under FRCP 41(a)(1)(A)(ii) this action is DISMISSED with prejudice. The Court shall retain jurisdiction to enforce the terms of the settlement agreement entered 01/05/17. CASE CLOSED (Benson, A)
August 31, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/31/2017 ORDERING defense counsel to inquire what entity or person charged the administrative processing fee and under what authority the fee was charged within 14 days of the date of this order. Within 21 days of the date of this order, defense counsel shall file a declaration with the court detailing the results of that inquiry. (Henshaw, R)
September 21, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/21/2017 DENYING plaintiff's 216 request for the court's intervention. (Yin, K)