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11-246 - (PC)(CONSENT) Barker v. Yassine


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11-246 - (PC)(CONSENT) Barker v. Yassine
February 25, 2011
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 2/25/11 ORDERING the director of the CDC to collect an initial partial filing fee of $9.90 and thereafter, forward payment from the prison trust account of William Barker to the clerk until the balance of $340.10 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)
July 25, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/22/11 DENYING 23 Motion to Appoint Counsel. (Dillon, M)
August 23, 2011
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ORDER granting 29 Motion to depose plaintiff signed by Magistrate Judge Gregory G. Hollows on 08/22/11. (Plummer, M)
September 9, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 09/08/11 ORDERING that plf's 34 Motion to Stay is DENIED. Plaintiff must file an opposition w/i 14 days; failure to file an opposition will result in a recommendation that those claims be dismissed. (Benson, A.)
September 27, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/26/11 DENYING 33 Motion to Appoint Counsel. (Dillon, M)
October 19, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/18/2011 ORDERING that pltf's 42 motion to amend is DENIED and pltf must still file an opposition to the motion to dismiss as discussed in the 10/3/11 order. (Yin, K)
October 26, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/26/11 ORDERING that attorneys from the Disabled Advocacy Group, APLC, may appear in this matter for the purpose of representing plaintiff at his 10/28/11, deposition. However, this appointment also encompasses any proceedings occasioned by disputes arising at the deposition. (Dillon, M)
January 6, 2012
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/5/12 ORDERING that Scottlyn J. Hubbard is substituted as the attorney of record for plaintiff; and the amended complaint will be disregarded; it is RECOMMENDED that 25 Motion to Dismiss be granted in its entirely and the state law and ADA claims be dismissed. The case will continue solely on the Eighth Amendment claim of excessive force. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
March 2, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/2/12 ORDERING that plaintiffs hearing regarding the motion for reconsideration will be held on March 15, 2012, at 10:00 am in Courtroom 9. (Dillon, M)
March 23, 2012
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ORDER signed by Judge Lawrence K. Karlton on 3/23/2012. Plaintiff's 30 Motion for Reconsideration and 43 Motion for Stay pending decision on Motion for Reconsideration are both DENIED as MOOT. (Marciel, M)
March 28, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/28/12 granting 54 Motion for Reconsideration, but upon reconsideration, the undersigned affirms his initial Findings and Recommendations. (Dillon, M)
September 4, 2012
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ORDER signed by Judge Lawrence K. Karlton on 8/31/2012 ORDEIRNG that Plaintiff MAY file for leave to amend the complaint no later than twenty-eight (28) days from the issuance of this order. The matter is REFERRED back to the magistrate judge for further proceedings. (Zignago, K.)
September 6, 2012
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ORDER vacating 56 Motion for Summary Judgment signed by Magistrate Judge Gregory G. Hollows on 09/05/12. (Plummer, M)
October 17, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/12 granting 70 Motion to Amend the Complaint. The amended complaint as set forth in docket 72 is deemed filed and served; it is now the operative complaint in this action. The hearing scheduled on 10/25/12 is vacated. Defendant may file a motion to dismiss or other appropriate response within 28 days. (Plummer, M)
February 5, 2013
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ORDER signed by Magistrate Judge Allison Claire on 2/5/13 ORDERING that Defendants reply, if any, remains due within 7 days after the filing date of this order; and the hearing on defendants motion to dismiss, currently scheduled for February 13, 2013, is rescheduled to March 27, 2013 at 10:00 a.m. in Courtroom 26.(Dillon, M)
May 7, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/07/13 recommending that defendant's motion to dismiss 75 be granted; and this action proceed only on plaintiff's Eight Amendment claim against defendant Yassine [72-1 at 68-74]. MOTION to DISMISS 75 referred to Judge Lawrence K. Karlton. Objections due within 28 days. (Plummer, M)
September 27, 2013
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ORDER ADOPTING 85 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Lawrence K. Karlton on 9/26/2013. Defendant's 75 Motion to Dismiss is GRANTED. This action shall proceed ONLY on plaintiff's Eighth Amendment claim agianst defendant Yassine. (Marciel, M)
November 18, 2013
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ORDER signed by Magistrate Judge Allison Claire on 11/15/13 ORDERING that A Scheduling Conference is set for Wednesday, December 11, 2013, at 10:00 a.m. in Courtroom 26 before the undersigned. One week prior to the scheduling conference, the parties are required to submit to the court a status report.(Dillon, M)
April 7, 2014
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 4/7/14 ORDERING that the date for Expert Disclosures is continued to 5/14/14. (Manzer, C)
May 29, 2014
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 5/28/14 ORDERING that the Scheduling Order is modified to extend all remaining dates by three months.(Dillon, M)
June 24, 2014
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ORDER signed by Magistrate Judge Allison Claire on 6/23/2014 GRANTING the parties 107 stipulation for a protective order and the confidential records responsive to plaintiff's subpoenas to California Medical Facility concerning defendant R. Yassine shall be produced in accordance with the terms of the proposed stipulation. (Yin, K)
September 3, 2014
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 09/02/14 ordering that the discovery cut-off date is continued from 09/08/14 to 10/08/14 for the limited purpose of conducting defendant R. Yassine's deposition. (Plummer, M)
March 3, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/02/15 recommending that defendant's motion for summary judgment 112 be granted; and judgement be entered for defendant. MOTION for SUMMARY JUDGMENT 112 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
April 20, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/17/15 ordering the pretrial conference scheduled for 05/06/15 is hereby vacated, and the related filing of pretrial statements no longer required, until further order of this court. (Plummer, M)
September 30, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/29/15: The findings and recommendations 118 are not adopted. Defendant's motion for summary judgment 112, is denied. This matter is referred back to the assigned magistrate judge for further proceedings. (Kaminski, H)
October 27, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/26/15 ordering that within 21 days after the filing date of this order, the parties shall file a joint statement indicating whether they request that a settlement conference, mediated by another magistrate judge, be scheduled in this action; and if so, counsel for each party shall identify any dates within the next 6 months when they are not available to participate in a settlement conference. (Plummer, M)
December 1, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/30/15 ordering ( Mediation Hearing set for 3/24/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) The parties are directed to submit to chambers, 7 days prior to the conference, their respective confidential settlement statements. These statements shall be submitted to chambers via e-mail at [email protected] (cc: EFB)(Plummer, M)
December 15, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 12/15/15 ordering the Custodian to produce William Barker via video conferencing on 3/24/16 at 10:00 a.m. in courtroom 8 before Magistrate 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. (cc: I.T. Dept, Sacramento and EFB)(3 certified copies sent to the Warden, California Health Care Facility) (Plummer, M)
March 25, 2016
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ORDER signed by Magistrate Judge Allison Claire on 3/24/16 ORDERING that on or before April 15, 2016, the parties shall file and serve separate statements that inform the court of the following: The anticipated length of trial; and any dates through 2016 when any party may not be available for pretrial or trial proceedings. Upon review of the parties respective statements, the court will issue an order that further schedules this action, including deadlines for filing pretrial statements that address the matters set forth in Local Rule 281 (b).(Dillon, M)
April 15, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/15/2016 ORDERING Pretrial Conference set for 7/1/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; the parties shall file a Joint Pretrial Statement by 6/10/2016; Jury Trial set for 8/22/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; and the parties shall file and serve their respective trial briefs by 8/8/2016; Plaintiff's counsel shall promptly prepare and submit for the district judge's signature a proposed writ ad testificandum in order to obtain plaintiff's presence at trial.(Reader, L)
June 14, 2016
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Kimberly J. Mueller on 6/13/16 ORDERING the Custodian to produce William Barker at 9:00 a.m., on August 22, 2016 in Courtroom 3 before the Honorable District 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). (Jackson, T)
July 11, 2016
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 7/11/2016 ORDERING the Custodian to produce William Barker at 9:00 AM on 8/22/2016 in Courtroom 26 before Magistrate Judge Allison Claire. 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) (Zignago, K.)
July 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 07/11/16 ordering counsel for defendant is directed to file and serve, within seven days after the filing date of this order, a response to the motion in limine filed by plaintiff on July 8, 2016 143.(Plummer, M) Modified on 7/12/2016 (Plummer, M).
July 14, 2016
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ORDER signed by Magistrate Judge Allison Claire on 07/13/16 ordering counsel for plaintiff is directed to file and serve, within seven days after the filing date of this order, responses to each of the three motions in limine filed by defendant on July 13, 2016152, 153 and 154.(Plummer, M) Modified on 7/14/2016 (Plummer, M).
August 15, 2016
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ORDER signed by Magistrate Judge Allison Claire on 08/12/16 granting in part and denying in part 143 plaintiff's Motion in Limine No. 1 as specified above. Defendant's motion in limine No. 1 152 is granted. Defendant's motion in limine No. 2 153 is granted in part and denied in part as specified above. Defendant's motion in limine No. 3 154 is granted. No later than August 19, 2016, the parties are directed to meet and confer and jointlyfile a proposed limiting jury instruction with respect to ADA and Title 15 regulations. During trial, the parties are directed to request a side bar before inquiring about ADA and Title 15 regulations or the Armstrong Remedial Plan. (Plummer, M) Modified on 8/15/2016 (Plummer, M).
August 22, 2016
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ORDER signed by Magistrate Judge Allison Claire on 8/22/16 ORDERING that Plaintiff shall be provided with his prescribed medications forthwith, in the courtroom, so that the trial may proceed; and that arrangements must be made for Plaintiff to be provided with his prescribed medications during trial as it continues from day to day, so that it may proceed without interruption. (Becknal, R)
December 16, 2016
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ORDER signed by Magistrate Judge Allison Claire on 12/15/16 ordering that defendant's request to tax costs 196 is denied. Defendant shall bear his own costs. (Plummer, M)