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11-2844 - (PC) Flournoy v. Sacramento County Sheriff Dept et al


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11-2844 - (PC) Flournoy v. Sacramento County Sheriff Dept et al
August 9, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of James Henry Flournoy signed by Magistrate Judge Edmund F. Brennan on 8/9/12. (cc: CDC) (Manzer, C)
January 14, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/14/2013 ORDERING that the allegations in the pleading are sufficient to state cognizable claims, as stated in this order, against defendants Kinder, Bauer, Sahba and Sotak; all remaining claims and defendants are DISMISSED with leave to amend within 30 days, plaintiff is not obligated to amend his complaint; the Clerk to provide plaintiff forms for service which plaintiff may complete and return within 30 days; plaintiff to return the Notice of Submission or Amendment with response.(Yin, K)
March 12, 2013
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/12/2013 ORDERING that service is appropriate for Richard Bauer, Joseph Dolan Kinder, Glayol Sahba and Michael Sotack; the Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission; and RECOMMENDING that plaintiff's First Amendment claim against defendant Bauer be dismissed without leave to amend. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
June 21, 2013
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ORDER signed by Judge Kimberly J. Mueller on 6/20/2013 FINDINGS AND RECOMMENDATIONS 24 are ADOPTED in FULL; and plaintiff's first amendment claim against defendant Richard Bauer is DISMISSED without leave to amend.(Reader, L)
June 28, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/27/13 ordering the clerk of the court shall mail plaintiff 2 USM-285 forms. Within 30 days from the date this order is served, plaintiff must submit the attached Notice of Submission of Documents with completed USM-285 forms providing new instructions for service of process upon defendants Kinder and Sahba. (Plummer, M)
August 5, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/05/13 granting 34 Motion for Extension of time. Plaintiff has 60 days from the date this order is served to submit new information about where defendants can be served with process. Plaintiff's request for counsel and for court assistance 35 is denied without prejudice. (Plummer, M)
October 9, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/13 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to dismiss or a statement of no opposition. Failure to comply with this order may result in a recommendation that this action be dismissed.(Dillon, M)
May 13, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/12/14 ORDERING that within 21 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with two completed forms USM-285 for service on defendants Sahba and Kinder. The Clerk of the Court shall send plaintiff two forms USM-285. IT IS FURTHER ORDERED that plaintiffs requests for court assistance in locating an address for service for defendant Kinder (ECF Nos. 43, 50) are DENIED without prejudice.(Dillon, M)
May 13, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/12/14 ORDERING that within 14 days from the date of service of this order, defendants shall pay to the United States Marshal the sums listed above, unless within that time they file a written statement showing good cause for failing to waive service. The Clerk of the Court shall serve defendant Sotak with a copy of this order at theaddress at which service was effected. See ECF No. 37 at 1. The Clerk of the Court shall also serve a copy of this order on the U.S. Marshal. (cc USM)(Dillon, M)
August 14, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/13/14 recommending that defendant Bauer's motion to dismiss plaintiff's ADA claim 41 be granted and that defendant Bauer be directed to file an answer to plaintiff's remaining claims within 30 days of any order adopting these findings and recommendations. MOTION to DISMISS 41 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 30, 2014
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er is directed to file an answer to plaintiff's remaining claims within thirty days of this order. (Becknal, R)ORDER signed by Judge Kimberly J. Mueller on 9/30/14 ORDERING that The findings and recommendations filed August 14, 2014, are adopted in full; and Defendant Bauer's motion to dismiss plaintiff's ADA claim 41 is granted and defendant Bau
February 11, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/10/15 recommending that 1) Sotak's motion to dismiss 62 be granted with leave to amend, and 2) Sahba's motion to dismiss 63 be denied. Motions 62 and 63 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
March 30, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/30/2015 ADOPTING IN PART 74 Findings and Recommendations; GRANTING WITHOUT LEAVE TO AMEND 62 Motion to Dismiss; DENYING 63 Motion to Dismiss. (Michel, G.)
June 17, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/16/15 ORDERING that Plaintiff's "MOTION to subpoena and request production of documents from [non- party] Sheriff Scott Jones of the Sacramento Sheriff's Dept."80 is GRANTED to the extent that the Clerk of the Court shall send plaintiff a blank subpoena form. (Mena-Sanchez, L)
June 29, 2015
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ORDER denying 82 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 06/29/15. (Plummer, M)
October 27, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/27/15 ordering that plaintiff's motions to quash and motion to compel 84, 85, 86, 91, and 93 are denied. (Plummer, M)
December 1, 2015
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ORDER denying 103 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 11/30/15. (Plummer, M)
May 19, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/19/16 ORDERING that plaintiff's motion to extend discovery (ECF No. 107 is GRANTED. The discovery and scheduling order is modified as follows: a. The parties may conduct discovery until August 26, 2016. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 shall be served not later than June 24, 2016.b. Dispositive motions shall be filed on or before November 25, 2016.Motions shall be briefed in accordance with paragraph 8 of the order filed June17, 2014. Ruling on the currently-pending motions for summary judgment (ECF Nos. 102, 108, 109) is deferred pending the completion of the additional discovery provided for in this order. The Clerk shall terminate ECF Nos. 102, 108, and 109. Defendants may file notices of renewal following the completion of discovery.(Dillon, M)
August 1, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/01/16 granting 125 Motion for Extension of time nunc pro tunc to the extent that, if he has not already done so, he shall serve his requests for admission by 8/15/16, and denied in all other respects. Plaintiff's motion for subpoena duces tecum 126 is denied. (Plummer, M)
November 2, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/02/16 ordering plaintiff's motion for appointment of a medical expert 128 is denied. Plaintiff's request for subpoenas 129 is denied. Plaintiff's request for reconsideration 130 is denied. Plaintiffs motion to compel 133 is granted as to request for admission number 13 directed to defendant Kinder. Within 21 days of the date of this order,plaintiff may serve defendant Kinder with a copy of the operations order at issue. Within 14 days of receipt, Kinder shall serve on plaintiff an amended response to request number 13, and a declaration with the court regarding the same. In all other respects, the motion to compel is denied. (Plummer, M) Modified on 11/2/2016 (Plummer, M).
March 15, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/14/17 ordering that plaintiffs Request for Nunc Pro Tunc Order for Reciprocal Discovery, Motion to Compel Discovery from Defendant [ ] Kinder, and a Request for Extension of Time to Oppose Defendant[s] [ ] Summary Judgment and/or Summary Adjudication 144, 146 and 149 construed as a motion brought pursuant to Federal Rule of Civil Procedure 56(d), is denied. IT IS FURTHER ORDERED that plaintiff shall file his response to defendant Bauer and Kinders summary judgment motions within 30 days of the date of this order. Failure to comply with this order may result in a recommendation that this action be dismissed without prejudice. (Plummer, M) Modified on 3/15/2017 (Plummer, M).
September 25, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/25/2017 GRANTING Dr. Sahba's 159 motion to strike plaintiff's surreply and DENYING plaintiff's 169 motion to supplement his opposition to Kinder's motion for summary judgment. IT IS RECOMMENDED Dr. Bauer's 140 motion for summary judgment be granted; Dr. Sahba's 138 motion for summary judgment be granted; Deputy Kinder's 139 motion for summary judgment be granted in part and denied in part, with the following results: (a) Summary judgment should be granted to Kinder on plaintiff's ยง 1983 malicious prosecution claim; (b) Summary judgment should be denied to Kinder on plaintiff's excessive force claim. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
November 30, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/29/2017 DENYING 176 Motion to Supplement Discovery Response to Plaintiff's Oppositions to Each Defendants Motion for Summary Judgment. (York, M)
January 12, 2018
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d recommendation (ECF No. 175 ) within 45 days, the findings and recommendations will be submitted to the district judge for consideration.(Yin, K)ORDER signed by Magistrate Judge Edmund F. Brennan on 1/11/2018 DENYING plaintiff's 183 request for counsel or an extension of time to locate counsel. If plaintiff fails to file objections to the court's September 25, 2017 findings an
February 14, 2018
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ORDER for WITDRAWAL and SUBSTITUTION of COUNSEL signed by Magistrate Judge Edmund F. Brennan on 02/13/18 ORDERING the Withdrawal of Pro Se Plaintiff and Substitution of Attorney Stanley Goff as attorney of record is approved and so ordered. (Plummer, M)
March 26, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 03/26/18 ORDERING ( Settlement Conference set for 6/4/2018 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are directed to submit confidential settlement statements no later than May 25,2018 to [email protected] Parties are also directed to file a Notice ofSubmission of Confidential Settlement Statement (See L.R. 270(d)). Settlement statements should not be filed with the Clerk of the Court nor served onany other party. Settlement statements shall be clearly marked confidential with the date and time of the settlement conference indicated prominently thereon. (cc: CKD). (Plummer, M)
March 30, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/30/2018 ADOPTING 175 Findings and Recommendations in full. Dr. Bauer's 140 motion for summary judgment is GRANTED. Dr. Sahba's 138 motion for summary judgment is GRANTED. Deputy Kinder's 139 motion for summary judgment is GRANTED IN PART and DENIED IN PART. A final pretrial conference is set for 6/29/2018, at 10:00 a.m. in the event the case does not settle at the settlement conference scheduled with a magistrate judge earlier in June. (Zignago, K.)