Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

11-042 - (PC) Heilman v. Cherniss et al


Download Files

Metadata

Document in Context
11-042 - (PC) Heilman v. Cherniss et al
May 31, 2011
PDF | More
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Thomas John Heilman signed by Magistrate Judge Edmund F. Brennan on 5/31/2011. CDC is to collect an initial partial filing fee and thereafter the balance 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)
December 5, 2011
PDF | More
ORDER denying 21 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 12/05/11. (Plummer, M)
December 21, 2011
PDF | More
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/20/11 RECOMMENDING that 17 MOTION to revoke plaintiffs in forma pauperis status and dismiss this action be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
February 23, 2012
PDF | More
ORDER signed by Judge John A. Mendez on 2/23/2012 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; defendants' #17 Motion to revoke plaintiff's in forma pauperis status and dismiss this action is DENIED. (Reader, L)
April 9, 2012
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/12 DENYING 27 Motion for the return of property. (Dillon, M)
May 22, 2012
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/22/2012 DENYING plaintiff's 31 request for appoint of counsel, plaintiff's 33 request to modify the scheduling order, and plaintiff's 36 request for the US Marshal to serve a non-party subpoena. (Yin, K)
October 18, 2012
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/18/12 DENYING AS MOOT 41 Motion for Extension; DENYING 43 44, and 49 Motions; DENYING 50 Motion to Compel. Within 7 days of the date of this order, however, defendants shall file a statement with the court showing how and when defendant Lesane supplemented his response to this Interrogatory No. 12. Plaintiff's 56 Motion to Stay is GRANTED to the extent that plaintiff's oppositions to defendants' motion for summary judgment and motion to dismiss shall be due within 30 days of being served with defendants' response to this order. (Meuleman, A)
July 31, 2013
PDF | More
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/30/13 recommending that defendant Forncrook's motion to dismiss on the ground that plaintiff failed to exhaust available administrative remedies prior to filing suit 55 be denied; and defendants' motion for summary judgment 54 be granted as to defendant Lesane on all claims, denied as to the First Amendment retaliation claims against defendants Cherniss and Forncrook, and denied as the 14th amendment due process claim against defendant Forncrook. Motions 54, 55 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
September 5, 2013
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/5/13 granting 79 Motion and laintiff has until September 20, 2013 inwhich to file his response. (Dillon, M)
November 21, 2013
PDF | More
and Forncrook, and denied as to the Fourteenth Amendment due process claim against defendant Forncrook. (Becknal, R)ORDER signed by Judge John A. Mendez on 11/20/13 ORDERING the findings and recommendations filed 7/31/13, are adopted in full; Defendant Forncrook's motion to dismiss on the ground that plaintiff failed to exhaust available administrative remedies prior to filing suit (ECF No. 55) is denied; and Defendants' motion for summary judgment (ECF No. 54) is granted as to defendant Lesane on all claims, denied as to the First Amendment retaliation claims against defendants Cherniss
December 20, 2013
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/2013 REQUESTING the parties to submit confidential settlement statements, no later than 30 days, as described in this order. (cc: ADR)(Yin, K)
January 29, 2014
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/2014 ORDERING that within 30 days, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain trial witnesses; defendant shall file a pretrial statement no later than 30 days after the filing of plaintiff's statement; the Pretrial Conference will be conducted on the file only; and the date for jury trial before a district judge will be set in the pretrial order.(Yin, K)
April 3, 2014
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/2/14 DENYING 94 Motion to Appoint Counsel. (Dillon, M)
February 6, 2015
PDF | More
d writ on the Out-to-Court Desk and the CMC Warden, and by fax on the Litigation Coordinator at CMC. (cc: OTCD-SAC) (Yin, K) Modified on 3/19/2015 (Yin, K).[VACATED PURSUANT TO 169 ORDER] ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/5/2015 ORDERING the custodian to produce Thomas John Heilman #H-76785, to testify in USDC at 8:30 a.m. on 3/23/2015 in courtroom #6, before Judge John A. Mendez; 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 an
February 6, 2015
PDF | More
[VACATED PURSUANT TO 170 ORDER] ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/5/2015 ORDERING the custodian to produce Daniel Joe Patillo #E-13695, to testify in USDC at 8:30 a.m. on 3/23/2015 in courtroom #6, before Judge John A. Mendez; 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 the RJDCF Warden, and by fax on the Litigation Coordinator at RJDCF. (cc: OTCD-SAC)(Yin, K) Modified on 3/19/2015 (Yin, K).
February 6, 2015
PDF | More
[VACATED PURSUANT TO 171 ORDER] ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/5/2015 ORDERING the custodian to produce Oliver Anthony Overton #D-66741, to testify in USDC at 8:30 a.m. on 3/23/2015 in courtroom #6, before Judge John A. Mendez; 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 the CMF Warden, and by fax on the Litigation Coordinator at CMF. (cc: OTCD-SAC)(Yin, K) Modified on 3/19/2015 (Yin, K).
February 25, 2015
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 DIRECTING the U.S. Marshal to serve the subpoena submitted by plaintiff on Sgt. L. Lesane at the address provided by plaintiff. The U.S. Marshall is FURTHER DIRECTED to process the check provided by the plaintiff for the witness fee and travel expenses for L. Lesane and provide a check in the amount of $80.48 to Mr. Lesane at the time of service of the subpoena. (cc USM-Priority)(Donati, J)
February 26, 2015
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/26/15 ORDERING that Plaintiff's motions denoted ECF Nos. 115, 116, 117, 122, 123, 124, 125, 126, 127, and 128 are DENIED. Within 10 days of the date of this order, plaintiff shall file a response to defense counsel's declaration (ECF No. 136) and the accompanying request that the writs of habeas corpus ad testificandum for trial witnesses Overton and Patillo be quashed.(Dillon, M)
March 5, 2015
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/15 ORDERING that defendants shall coordinate with CDCR counsel and inquire as to the status of plaintiffs requests to correspond with his inmate witnesses prior to trial. Defendants shall inform the court by March 10, 2015 of: a. the status of plaintiffs requests for correspondence; and b. if plaintiffs requests have been denied, the reasons for the denial.(Dillon, M)
March 19, 2015
PDF | More
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/19/2015 ORDERING the custodian to produce Thomas John Heilman #H-76785, to testify in USDC at 8:30 A.M. on 3/30/2015, in courtroom #6, before Judge John A. Mendez; 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; the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and the CMC Litigation Coordinator via Fax; and the previous writ issued on 2/6/2015 is VACATED. (cc: OTCD-SAC) (Yin, K)
March 19, 2015
PDF | More
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/19/2015 ORDERING the custodian to produce Daniel Joe Patillo #E-13695, to testify in USDC at 8:30 A.M. on 3/30/2015, in courtroom #6, before Judge John A. Mendez; 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; the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and the RJDCF Litigation Coordinator via fax; and the previous writ issued on 2/6/2015 is VACATED. (cc: OTCD) (Yin, K)
March 19, 2015
PDF | More
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/19/2015 ORDERING the custodian to produce Oliver Anthony Overton #D-66741, to testify in USDC at 8:30 A.M. on 3/30/2015, in courtroom #6, before Judge John A. Mendez; 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; the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and the CMF Litigation Coordinator via fax; and the previous writ issued on 2/6/2015 is VACATED. (cc: OTCD)(Yin, K) Modified on 3/19/2015 (Yin, K).
November 29, 2017
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/29/17 ORDERING the clerk is directed to reopen this case. Within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendants Cherniss and Lesane shall file a pretrial statement not later than 30 days after the filing of plaintiff's statement. The pretrial conference will be conducted on the file only without appearance by either party. (Plummer, M)
December 8, 2017
PDF | More
ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Edmund F. Brennan on 12/07/17 ORDERING Attorney Tyler H. Onitsuka is substituted in as attorney of record in place of Kathleen J. Williams, Leslie R. Wagley, Lakeysia Rene Beene and Matthew Ross Wilson for defendant L. Lesane. (Plummer, M) Modified on 12/8/2017 (Plummer, M).
December 8, 2017
PDF | More
ORDER for SUBSTITUTION of ATTORNEY signed by Magistrate Judge Edmund F. Brennan on 12/07/17 ORDERING Attorney Tyler H. Onitsuka is substituted in as attorney of record in place of attorney Kathleen J. Williams, Leslie R. Wagley, Lakeysia Rene Been and Matthew Ross Wilson for defendant C. Cherniss. (Plummer, M)
February 8, 2018
PDF | More
dified on 2/8/2018 (Plummer, M).ORDER signed by Magistrate Judge Edmund F. Brennan on 02/07/18 GRANING 214 Motion to reopen discovery. Plaintiff proposed a three month period of additional fact discovery and, at the hearing, the court determined that the culmination of that period fell on May 8, 2018. All fact discovery should be completed by that date. Any motions to compel discovery should be filed by June 7, 2018. The parties shall exchange initial disclosures in accordance with Fed. R. Civ. P.26(a)(1). At the hearing, defendants counsel stated that he did not intend to designate any expert witnesses at this time, excepting a situation where plaintiff designates his own expert(s) and they are forced to rebut his or her testimony. The parties shall confer regarding whether a period of expert discovery to follow fact discovery is necessary. If they determine that such discovery is necessary, they must file a proposed schedule for expert discovery within 28 days from the date this order is filed. (Plummer, M) Mo
March 12, 2018
PDF | More
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 03/12/18 ORDERING the following schedule for expert discovery. Disclosure of Expert Witnesses - 05/01/18; Disclosure of Initial Expert Reports - 05/24/18; Disclosure of rebuttal expert witnesses and rebuttal expert reports - 6/14/18; and Close of Expert Discovery - 06/29/18. (Plummer, M)
May 1, 2018
PDF | More
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 04/30/18. (See order for further details.)(Plummer, M)
May 17, 2018
PDF | More
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 05/16/18 ORDERING expert discovery deadlines in this case are hereby stayed, pending the Courts resolution of plaintiffs Motion to Extend Discovery, 224. The stay encompasses the deadlines previous set by this Court on March 12, 2018 for (1) disclosure of initial expert reports,(2) disclosure of rebuttal expert witnesses and rebuttal expert reports, and (3) close of expert discovery. See 220.(Plummer, M) Modified on 5/17/2018 (Plummer, M).