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11-2770 - (PS) Chipman v. Nelson et al


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11-2770 - (PS) Chipman v. Nelson et al
March 12, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/12/2012 ORDERING that Plaintiff's 2/29/2012 filing is construed as a motion to amend her complaint and that motion is GRANTED. On or before 3/30/2012, plaintiff shall file a first amended complaint. Defendants' motions to dismiss and to strike, Dckt. Nos. 12, 13, 15, 16, 17, 21, 22, 25, 27, 28, 29, 32, 38, and 39, are DENIED AS MOOT and the 3/14/2012 hearing thereon is VACATED. Defendants shall file a response to plaintiff's first amended complaint within the time prescribed in the Federal Rules of Civil Procedure. The status (pretrial scheduling) conference currently set for 5/23/2012 is CONTINUED to 7/18/2012. On or before 7/3/2012, the parties shall file status reports, as provided in the 10/20/2011 order. (Zignago, K.)
April 4, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/3/12 DENYING AS MOOT 65 Motion for Extension of Time to Amend. (Meuleman, A)
April 30, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/30/12 ORDERING that Plaintiff's MOTION for a Continuance 97 is GRANTED; The hearings on all pending MOTIONS TO DISMISS and/or STRIKE 76, 77, 78, 79, 80, 83, 85, 87, 94, 95 and 96 are CONTINUED to 6/20/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall file an opposition to each pending Motion, or a statement of non-opposition thereto, no later than 6/6/2012. Or or before 6/13/2012, each moving defendant may file a reply to Plaintiff's opposition to that defendant's Motion. The Status (Pretrial Scheduling) Conference currently set for 7/18/12 is CONTINUED to 9/12/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. On or before 8/29/12, the parties shall file status reports, as provided in the 10/20/11 order. Plaintiff's request for leave to file electronically in this action, 97 is GRANTED. The Clerk of Court shall contact Plaintiff in order to facilitate plaintiff's participation in the CM/ECF system.(Mena-Sanchez, L)
March 13, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/13/2013 ORDERING the status (pretrial scheduling) conference CONTINUED to 8/28/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Status Reports due on or before 8/14/2013. It is further RECOMMENDED that 76, 77, 78, 79, 80, 83, 85, 87, 94, 95 and 96 Motions to Dismiss be granted as provided herein. Motions referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Donati, J)
March 28, 2013
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ORDER ADOPTING 151 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 3/28/13 GRANTING 76 77 78 79 80 83 85 87 94 95 96 Motions to Dismiss; the first amended complaint is DISMISSED with leave to amend within 45 days. (Manzer, C)
June 18, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/2013 ORDERING Plaintiff's 166 motion to amend her complaint, is GRANTED; within 30 days from the date of this order, plaintiff shall file a third amended complaint; Defendants' motions to dismiss and to strike 156, 157,158,161,162, 163, 178 are DENIED as MOOT; defendants shall file a response to 3rd amended complaint within the time prescribed in the FRCP; Status Conference CONTINUED to 11/20/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; Status Reports due by 11/6/2013. (Reader, L)
October 21, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/21/2013 ORDERING that Plaintiff's 221 motion to amend her complaint is GRANTED. Within thirty days from the date of this order, plaintiff shall file a fourth amended complaint. Defendants' 185, 187, 188, 192, 193, 194,195, 205, 206 motions to dismiss and to strike are DENIED AS MOOT and the 10/23/2013 hearing thereon is VACATED. Defendants shall file a response to plaintiff's fourth amended complaint within the time prescribed in the Federal Rules of Civil Procedure. The status (pretrial scheduling) conference currently set for 11/20/2013 is CONTINUED to 2/26/2014 at 10:00 a.m. in Courtroom No. 8. On or before 2/12/2014, the parties shall file status reports, as provided in the 10/20/2011 order. (Zignago, K.)
September 10, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/10/2014 RECOMMENDING: the 248, 249, 257, 258, 259, 262, 266, 277 and 294 Motions to Dismiss be granted; Plaintiff's 246 & 247 Fourth Amended Complaint be dismissed without leave to amend; Plaintiff's 42 USC 1983 claim, ADA Claims, Rehabilitation Act Claim and 26 USC 7206 claim be dismissed with prejudice; the court decline to exercise supplemental jurisdictional over plaintiff's state law claims; and the Clerk be directed to close the case. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Donati, J)
October 1, 2014
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ORDER signed by District Judge Troy L. Nunley on 9/30/14 ADOPTING IN PART 330 Findings and Recommendations; GRANTING 248249257258259262 266 277 and 294 Motions to Dismiss. Plaintiff's 246 247 Fourth Amended Complaint is DISMISSED as follows: Plaintiff's 42 USC §1983 claim, ADA claims, Rehabilitation Act claim, and 26 USC §7206 claim, are DISMISSED WITHOUT LEAVE TO AMEND; and Plaintiff's remaining state law claims are DISMISSED WITH LEAVE TO AMEND. Plaintiff is GRANTED 30 days from the date of this order to file a fifth amended complaint alleging only state law claims on her own behalf. The fifth amended complaint must bear the docket number assigned to this case and must be labeled "Fifth Amended Complaint." Leave to amend is limited to the state law claims alleged in the fourth amended complaint, and is not granted to allege new claims for relief. (Meuleman, A)
December 10, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/10/2014 CONTINUING the Motion Hearing on 337 Motion to Compel, 338, 340, 341, 342, 343, 344, 345, 347, Motions to Dismiss, 372 Motion for Default Judgment, 375 Motion to Set Aside Entry of Default to 2/4/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING the plaintiff to file an opposition or statement of non-opposition to the Motions to Dismiss and the Motion to Set Aside Entry of Default by 1/21/2015; ORDERING the defendants to file any replies by 1/28/2015. (Michel, G)
September 11, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/11/15 ORDERING that plaintiff's request to subpoena state court documents 337 is denied; andd RECOMMENDING that: Defendant Kindred's motion to dismiss 338 be granted in part, and all of plaintiff's claims against Kindred, with the exception of her wrongful death claim, be dismissed without leave to amend; Defendant Lew and Avdalovic's motion 342 be granted in part, and all of plaintiff's claims against Lew and Avdalovic, with the exception of her wrongful death claim, be dismissed without leave to amend; Defendant Matthewss motion 345 be granted in part, and all of plaintiff's claims against Matthews, with the exception of her wrongful death claim, be dismissed without leave to amend; Defendant Potter, Valcarenghi, Wilms, Verma, Clark-Martin, Stansell, and Kasza's motions 340, 341, 343, 344, 347 be granted and plaintiff's claims against these defendants be dismissed without leave to amend; Plaintiff's motion for default judgment against defendant Merrifield 372 be denied; Defendant Merrifield's motion to set aside default 375 be granted, and her default be set aside. Referred to Judge Troy L. Nunley; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
September 30, 2015
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ORDER signed by District Judge Troy L. Nunley on 9/30/2015 ORDERING that the 403 findings and recommendations are ADOPTED. Defendant Kindred's 338 motion to dismiss is GRANTED IN PART, and all of Plaintiff's claims against Kindred, with the exception of her wrongful death claim, are DISMISSED WITHOUT LEAVE TO AMEND. Defendant Lew and Avdalovic's 342 motion is GRANTED IN PART, and all of Plaintiff's claims against Lew and Avdalovic, with the exception of her wrongful death claim, are DISMISSED WITHOUT LEAVE TO AMEND. Defendant Matthews's 345 motion is GRANTED IN PART, and all of Plaintiff's claims against Matthews, with the exception of her wrongful death claim, are DISMISSED WITHOUT LEAVE TO AMEND. Defendants Potter, Valcarenghi, Wilms, Verma, Clark-Martin, Stansell, and Kasza's 340, 341, 343, 344, 347 motions are GRANTED and Plaintiff's claims against these Defendants are DISMISSED WITHOUT LEAVE TO AMEND. Plaintiff's 372 motion for default judgment against Defendant Merrifield is DENIED. Defendant Merrifield's 375 motion to set aside default is GRANTED, and her default is set aside.(Zignago, K.)
November 12, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/12/2015 DENYING 428 Plaintiff's Request to Continue the 11/18/2015 Hearing. (Donati, J)
June 15, 2016
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ORDER re letter from plaintiff dated June 7, 2016 signed by Magistrate Judge Edmund F. Brennan on 6/15/16. (Kaminski, H)
June 15, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/14/2016 ORDERING Plaintiff's motions to compel former defendants Dirk Potter and Jane Stansell and nonparty Bertha Murrilo's compliance with subpoenas 473, 477, 482 are DENIED; Defendant Kindred's motion to compel plaintiff to provide responses to discovery requests 483 is GRANTED; by no later than 6/29/2016, plaintiff shall provide completed responses to Kindred' Special Interrogatories, Set 1; Form Interrogatories, and Requests for Production of Documents, Set 1; within 30 days of the date of this order, plaintiff shall: reimburse former defendant Dirk Potter in the amount of $1,698.35 for the reasonable expenses incurred in opposing her motion to compel; reimburse former defendant Jane Stansell in the amount of $2,169 for the reasonable expenses incurred in opposing plaintiff's motion to compel; reimburse defendant Kindred in the amount of $1,760 for the reasonable expenses incurred in bringing its motion to compel.(Reader, L)
September 1, 2016
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ORDER signed by District Judge Troy L. Nunley on 8/31/2016 ORDERING that pursuant to FRCP 41(a)(2) defendants Eva Lew, M.D. and Mark Avdalovic, M.D. are hereby DISMISSED, with prejudice. (Jackson, T)
September 8, 2016
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/8/16 ORDERING Defendant THC Orange County, Inc. dba Kindred Hospital Sacramento DISMISSED with prejudice from Action No. 2:11-CV-02770-TLN-EFB.(Washington, S) Modified on 9/9/2016 (Washington, S).
September 15, 2016
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/15/2016 RECOMMENDED Defendant Merrifield's motions to dismiss 419, 452 be granted and all claims against her be dismissed without leave to amend; Defendant Matthew's motion to dismiss plaintiff's wrongful death claim 412 be denied; Defendants EMC, Boggs, and Nelson's motion for judgment on the pleadings 404 be granted in part and denied in part; and Defendants Stansell and Potter's motions for entry of judgment 448, 450 be denied; Referred to Judge Troy L. Nunley; Objections due within 14 days after being served with these F & R's.(Reader, L)
October 7, 2016
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ORDER ADOPTING 549 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 10/06/16 ORDERING that defendant Merrifield's 419 452 Motions to Dismiss are GRANTED and all claims against her are DISMISSED without leave to amend; defendant Matthews's 412 Motion to Dismiss plaintiff's wrongful death claim is DENIED; defendants Enloe Medical Center ("EMC"), Boggs, and Nelson's 404 Motion for Judgment on the Pleadings is GRANTED IN PART and DENIED IN PART as follows: a. The motion is granted as to all claims against Nelson and Boggs; and b. The motion is granted as to all claims against EMC, except plaintiff's wrongful death claim based on Defendant Matthews's conduct; defendants Stansell and Potter's 448 450 Motions for Entry of Judgment are DENIED. (Benson, A)
March 30, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 03/30/17 ORDERING that plaintiff's 528 Motion for Reconsideration is DENIED. (Benson, A)
September 12, 2017
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/12/2017 RECOMMENDING that Defendant Matthews and Enloe's 554 Motion for Summary Judgment be granted; and the Clerk be directed to enter judgment in defendants' favor and close the case; Referred to Judge Troy L. Nunley; Objections due within 14 days after being served with these F & R's.(Reader, L)
September 4, 2018
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ORDER signed by District Judge Troy L. Nunley on 8/31/2018 DENYING 579 Motion to Re-Open Case. (Henshaw, R)