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11-1344 - (PC) Craver v. Hasty et al


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11-1344 - (PC) Craver v. Hasty et al
May 25, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/25/11 ORDERING that the plaintiff shall submit, within 30 days from the date of this order, his request to proceed in forma pauperis or the appropriate filing fee. The clerk is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Donati, J)
June 29, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/2011 ORDERING that Pltf's 5 Motion to Proceed IFP is GRANTED. Pltf to pay $350 filing fee. Claims against dft Hubbard are DISMISSED with leave to amend. Within 30 days, Pltf may amend his complaint. The allegations in the pleading are sufficient to state a potentially cognizable claim against dfts Hasty and Rayner. The Clerk shall provide to Pltf a blank summons, a copy of the 5/18/2011 complaint, two USM-285 forms and instructions. Within 30 days Pltf may return the attached Notice of Submission of Documents with the completed service docs. Failure to comply with this order will result in a recommendation that this action be dismissed. (Zignago, K.)
June 29, 2011
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Andre Craver signed by Magistrate Judge Kendall J. Newman on 6/28/2011 ORDERING the director of CDCR shall collect, from Pltf's trust account, monthly filing fees and send to the court. The Clerk to serve a copy of this order and a copy of Pltf's IFP on CDCR. The Clerk to serve a copy of this order on the Financial Department of the Court. (cc: CDCR and Financial) (Zignago, K.)
July 21, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/20/11 ORDERING that defendant Hubbard is DISMISSED from this action.(Dillon, M)
August 11, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/11 DENYING 14 Motion to Appoint Counsel. (Dillon, M)
January 19, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/18/12 ORDERING that plaintiffs motion for injunctive relief 30 construed as a motion for a protective order, is denied. (Dillon, M)
January 19, 2012
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/18/2012 ORDERING that plaintiff's 25 motion to compel is DENIED; and RECOMMENDING that defendants' 22 motion to dismiss be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days.(Yin, K)
February 28, 2012
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plaint. (Reader, L)ORDER signed by Judge Morrison C. England, Jr. on 2/27/2012 FINDINGS AND RECOMMENDATIONS 32 are ADOPTED in FULL; Defendants' motion to dismiss #22 is DENIED; and within 21 of the date of this order, defendants shall file an answer to the com
March 2, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/1/2012 RECOMMENDING that plaintiff's 33 motion for injuctive relief be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
March 22, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2012 DENYING plaintiff's 36 motion for sanctions. (Yin, K)
April 16, 2012
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ORDER signed by Judge Morrison C. England, Jr. on 4/15/2012 ORDERING that the 35 findings and recommendations filed 3/2/2012 are ADOPTED in full. Plaintiff's 33 motion for injunctive relief is DENIED. (Zignago, K.)
April 25, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/24/12 ORDERING that 43 Motion for Extension of time is GRANTED; the discovery cut-off date is re-set to October 12, 2012; all requests for discovery shall be served 60 days prior to that date; The pretrial motion cut-off date is re-set to January 11, 2013.(Dillon, M)
February 1, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2013 ORDERING 47 that, within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure to file an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiff's failure to comply with these rules and a court order. Such failure shall result in a recommendation that this action be dismissed pursuant to FRCP 41(b). (Reader, L)
March 21, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/20/13 ORDERING plaintiff's motion for sanctions 50 is denied. Also, RECOMMENDING that defendants' summary judgment motion 47 be denied. Motion for Summary Judgment 47 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
April 24, 2013
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ORDER signed by District Judge Troy L. Nunley on 4/23/2013 ORDERING that the 62 Findings and Recommendations are ADOPTED IN FULL. Defendants' 47 Motion for Summary Judgment is DENIED. (Zignago, K.)
May 13, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/13 ORDERING that plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before November 8, 2013. Defendants shall file their pretrial statement on or before November 22, 2013. Pretrial conference is set in this case for December 6, 2013 before the magistrate judge, to be conducted on the file only, without appearance by either party. This matter is set for jury trial before the Honorable Troy L. Nunley on February 24, 2014, at 9:00 a.m.(Dillon, M)
July 19, 2013
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ORDER denying 69 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 07/19/13. (Plummer, M)
October 9, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/9/2013 ORDERING the Warden of California State Prison - Lancaster to file, within seven days, a Status Report addressing the plaintiff's allegations regarding the alleged imminent threat to his safety contained in his 74 Motion for Immediate Federal Protection; DIRECTING the Clerk of Court to serve a copy of this order and 74 Motion for Immediate Federal Protection on the Warden of California State Prison - Lancaster and on Supervising Deputy Attorney General Monica Anderson. (cc: Attorney General PC - Monica Anderson) (Michel, G)
October 17, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/17/13 ORDERING that the Clerk of the Court shall serve a copy of these findings and recommendation on the Warden of California State Prison- Lancaster, P.O. Box 4430, Lancaster, California, 93539; and on Deputy Attorney General Aldo S. Zilli; it is RECOMMENDED that plaintiffs motion for immediate federal protection 74, construed as a motion for injunctive relief, be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
December 16, 2013
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 12/16/13 ORDERING the custodian to produce Andre L Craver at 03/13/14 at 9:00 a.m. in courtroom 9 before Magistrate Judge Craig M. Kellison. 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 and CMK)(Plummer, M)
December 16, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/16/2013 SETTING this case for a Settlement Conference on 3/13/2014 at 09:00 AM in Courtroom 9 (CMK) before Magistrate Judge Craig M. Kellison; a representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants' behalf shall attend in person. (Yin, K)
December 30, 2013
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ORDER signed by District Judge Troy L. Nunley on 12/27/13 ORDERING that Plaintiff's 74 motion for immediate federal protection, construed as a motion for injunctive relief, is denied; Plaintiff's 82 motion for immediate federal protection, construed as a motion for injunctive relief, is denied; the Clerk is directed to serve this order and a copy of Plaintiff's 82 motion for immediate federal protection on Supervising Deputy Attorney General Monica Anderson. (Kastilahn, A)
March 31, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2014 ORDERING that plaintiff's 72 motion for the court to have inmate Dicey brought to the trial is deemed RESOLVED. (Zignago, K.)
May 15, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 5/14/14 ORDERING the Custodian to produce Andre Craver at 9:00 am in Courtroom 2. 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 15, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 5/14/14 ORDERING the Custodian to produce Berlan Dicey at 9:00 am on June 23, 2014 in Courtroom 2. 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 5, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/4/2014 DENYING, without prejudice, plaintiff's 100 motion for the appointment of counsel. (Yin, K)
June 25, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/24/14 ordering that within 10 days of the date of this order, the Warden of Lancaster shall file a status report addressing the claims in plaintiff's pending motion for federal protection. The clerk of the court is directed to serve a copy of this order and plaintiff's motion for federal protection 108 on the Warden of Lancaster, California State Prison-Lancaster, P.O. Box 4430, Lancaster, CA 93539-4430. The clerk of the court is directed to serve a copy of this order and plaintiff's motion for federal protection 108 on Supervising, Deputy Attorney General, Monica Anderson. (cc: Monica Anderson, AG). (Plummer, M)
July 10, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/10/14 ORDERING that the Clerk of the Court shall serve a copy of these findings and recommendations on the Warden of California State Prison- Lancaster, P.O. Box 4430, Lancaster, California, 93539; and on Deputy Attorney General Aldo S. Zilli; and it is RECOMMENDED that plaintiffs motion for federal protection (ECF No. 108), construed as a motion for injunctive relief, be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Dillon, M)
August 22, 2014
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ORDER adopting 114 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 8/21/14: Plaintiff's motion for federal protection 108, construed as a motion for injunctive relief, is denied. (Kaminski, H)
October 16, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/14 ORDERING that Plaintiffs motion to allow the declaration of Nurse Pearsal as an exhibit (ECF No. 104) is denied; Plaintiffs motion for witnesses to appear telephonically (ECF No. 105) is denied; Plaintiffs motion for summary trial proceedings (ECF No. 106) is denied; Plaintiffs motion for the written testimony of Nurse Reynolds (ECF No. 107) is denied; and Plaintiffs motion for sanctions (ECF No. 120) is denied. (Dillon, M)
November 7, 2014
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ORDER denying 124 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 11/07/14. (Plummer, M)
November 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/24/14 denying 126 Motion for Sanctions. (Dillon, M)
May 29, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/29/2015 ORDERING the PBSP Warden to file a status report as described in this order, within 10 days; and the Clerk shall serve this order and plaintiff's 5/27/2015 status report 133 on Supervising Deputy AG Monica Anderson and PBSP Warden. (cc: Monica Anderson) (Yin, K)
June 17, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/17/15 ORDERING that the Clerk shall serve a copy of this order on Deputy Attorney General Andrea Sloan; and it is RECOMMENDED that plaintiffs motion for federal protection (ECF No. 131) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
August 12, 2015
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ORDER denying 140 Motion for his legal property signed by Magistrate Judge Kendall J. Newman on 08/11/15. (Plummer, M)
August 26, 2015
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[DISREGARD - see 148 Order Adopting Findings and Recommendations] ORDER signed by District Judge Troy L. Nunley on 8/25/2015 ADOPTING IN FULL 138 Findings and Recommendations; DENYING 131 Motion for Federal Protection. (Michel, G.)
August 26, 2015
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[DISREGARD - see 148 Order Adopting Findings and Recommendations] ORDER signed by District Judge Troy L. Nunley on 8/25/2015 ADOPTING IN FULL 138 Findings and Recommendations; DENYING 131 Motion for Federal Protection. (Michel, G.)
August 26, 2015
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ORDER signed by District Judge Troy L. Nunley on 8/25/2015 ADOPTING IN FULL 138 Findings and Recommendations; DENYING 131 Motion for Federal Protection. (Michel, G.)
August 28, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08-28-15 ordering the Wardens at Pelican Bay State Prison and California State Prison Sacramento shall file status reports described above on or before 09/11/15. The clerk of the court shall serve this order on the Warden of Pelican Bay State Prison, PO Box 7500, Crescent City, CA 95532-7500. The clerk of the court shall serve this order on the Warden of California State Prison Sacramento, PO Box 290066, Represa, CA 95671-0066. The clerk of court shall serve a copy of this order on Supervising Attorney General Monica Anderson. (cc: Monica Anderson, Attorney General)(Plummer, M)
August 28, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/28/15 ORDERING that the clerk of the court is directed to serve a copy of this order and plaintiff's 08/24/15 motion for injunctive relief 145 on Supervising Deputy Attorney General Monica Anderson. Also, RECOMMENDING that plaintiff's motion for injunctive relief 145 be denied. MOTION for PRELIMINARY INJUNCTION 145 referred to Judge Troy L. Nunley. Objections due within 14 days. (cc: Monica Anderson, Attorney General)(Plummer, M)
August 28, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 08/28/15 ordering the Custodian to produce Berlan Dicey on 09/28/15 at 9:00 a.m. in courtroom 2 before District Judge Troy L. Nunley. 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 on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
August 28, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 08/28/15 ordering the Custodian to produce Andre Craver on 9/28/15 at 9:00 a.m. in courtroom 2 before District Judge Troy L. Nunley. Custodian is ordered to notify the court of any changes in custody and to provide new Custodian with a copy of this writ. The clerk of court shall serve a copy of this writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
September 2, 2015
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ORDER signed by Senior Judge Stephen M. McNamee on 09/01/15 ORDERING that a telephonic Status Hearing is SET for 09/09/15 at 10:00 a.m. to address plaintiff's 155 Ex Parte Motion to Vacate and Extend the Trial and plaintiff's issues concerning a proposed settlement and other pretrial matters. Defense counsel shall make arrangements for plaintiff to appear by telephone for purposes of this hearing. The parties are directed to conference on a single, clear telephone line prior to calling Judge McNamee's chambers at 602-322-7555, five minutes prior to the time set for hearing. (Benson, A)
September 14, 2015
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ORDER signed by Senior Judge Stephen M. McNamee on 09/14/2015: Court GRANTS parties Notice of Settlement 162; the current final pretrial date and trial dates will remain in effect pending Plaintiff's receipt fo settlement proceeds and the execution of an appropriate stipulation of dismissal. Judge McNamee will retain jurisdication over this matter until completion.(Streeter, J)
December 23, 2015
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ORDER signed by Senior Judge Stephen M. McNamee on 12/22/15 ORDERING that defendants shall repsond to plaintiff's 164 Motion for Order notifying CDCR that $200 of $3500 Settlement is free of any restitution by 01/29/16; the Court will not require plaintiff to reply. The Final Pretrial Conference is RESETt for 3/21/2016 at 01:30 PM in Courtroom 3 before Senior Judge Stephen M. McNamee and the Jury Trial is RESET for 3/22/2016 at 09:00 AM in Courtroom 3 before Senior Judge Stephen M. McNamee, pending the execution of an appropriate stipulation for dismissal. (Benson, A)
February 2, 2016
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ORDER signed by Senior Judge Stephen M. McNamee on 02/01/16 ORDERING that plaintiff's 164 Motion to Order Defendants to Notify CDCR that $200.00 of the $3,500 Settlement is Free of Any Restitution Obligation is GRANTED; defendants are ordered to allocate $195.30 from the settlement award to plaintiff for the reimbursement of his damaged personal property. Upon the satisfaction of this Order, the parties have until 02/26/16 to file a stipulation for dismissal of this action. In the event that no such stipulation is filed, the Court will proceed with the 03/21/16 final pretrial conference and 03/22/16 trial. The final pretrial conference and trial will be vacated upon the parties filing an appropriate stipulation for dismissal. (Benson, A)
February 17, 2016
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ORDER denying plaintiff's 169 Motion for Federal Protection and Change of Address, signed by Senior Judge Stephen M. McNamee on 2/17/16. (Kastilahn, A)
March 1, 2016
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ORDER signed by Senior Judge Stephen M. McNamee on 03/01/16 ORDERING that 172 Defendants' Ex Parte Application to Continue Deadline to Submit Dismissal and Stay Current Trial Dates Pending Payment of Settlement is GRANTED; the deadline for the parties to file a signed stipulation for dismissal of this action is EXTENDED to 04/29/16. In the event that no such stipulation is filed, the Court will proceed with the 05/23/16 final pretrial conference and the 05/24/16 trial, both in Courtroom 4, 15th floor. The final pretrial conference and trial will be vacated upon the parties filing an appropriate stipulation for dismissal. (Benson, A)
April 11, 2016
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ORDER signed by Senior Judge Stephen M. McNamee on 4/8/2016 CONFIRMING the dismissal deadline SET for 4/29/2016; CONTINUING the Final Pretrial Conference to 5/23/2016 at 01:30 PM in Courtroom 4 (SMM) before Senior Judge Stephen M. McNamee; CONTINUING the Jury Trial to 5/24/2016 at 09:00 AM in Courtroom 4 (SMM) before Senior Judge Stephen M. McNamee; ORDERING the defendants to file a notice on the docket by 4/20/2016, stating whether the $3,500.00 in settlement proceeds have been distributed with the plaintiff receiving $195.30 of the settlement proceeds due to reimbursement of damaged personal property; ORDERING the plaintiff to file a notice stating his current address by 4/20/2016; SETTING a Telephonic Status Hearing for 5/10/2016 at 02:30 PM (MST) before Senior Judge Stephen M. McNamee; ORDERING defense counsel to make arrangements for the plaintiff to appear telephonically at said status hearing. (Michel, G.)
April 20, 2016
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ORDER signed by Senior Judge Stephen M. McNamee on 04/18/16 ORDERING that the parties' 176 Joint Stipulation to Dismiss this Action with Prejudice is GRANTED. This case is DISMISSED WITH PREJUDICE, with each party to bear their own fees and costs. All scheduled deadlines and hearings are VACATED. CASE CLOSED (Benson, A)
June 28, 2016
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ORDER signed by Senior Judge Stephen M. McNamee on 6/27/16 DENYING Plaintiff's 180 Motion for Court Order Directing Defendants to Distribute Plaintiff's Remaining Settlement Proceeds $157.36, Correct Collection of Restitution Under PC ยง 2085.5 and Monetary Sanction Against Defendants in the Amount of $2,000. Since this case was dismissed on 4/20/16 and no other matters are currently pending, the Court requests that Plaintiff not file anymore frivolous motions. (Jackson, T)