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12-2412 - (PC) Thomas v. Swarthout et al


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12-2412 - (PC) Thomas v. Swarthout et al
February 7, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Lloyd M. Thomas signed by Magistrate Judge John F. Moulds on 2/6/2013. CDC is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the clerk until the $350 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. The Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
May 7, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/7/2013 ORDERING that plaintiff's 8 motion for an extension of time is WITHDRAWN; plaintiff's 12 motion for leave to amend is GRANTED; service is appropriate for defendants Swarthout, Hue, Cheung, and Quattlebaum; and plaintiff need not attempt service on defendants and need not request waiver of service, the court will by the concurrent order direct the USM to serve the defendants. (cc: EFB) (Yin, K)
June 18, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/18/2013 DENYING plaintiff's 17 motion for reconsideration. (Yin, K)
February 12, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 02/11/15 granting 36 Motion for additional discovery. The parties may conduct discovery until 4/30/15. Dispositive motions shall be filed on or before 08/03/15. Ruling on the current pending motion for summary judgment 30 is deferred pending the completion of additional discovery provided for in this order. The clerk shall terminate docket entry 30. Absent any request otherwise, the motion shall stand as submitted as of 08/31/15 so that all summary judgment motions may be resolved together. Plaintiff shall file a revised opposition to the pending motion for summary judgment 30 by 8/24/15. Defendants may reply to the revised opposition by 08/31/15. (Plummer, M)
March 5, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/4/15 denying 56 Motion for Reconsideration. (Dillon, M)
September 11, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/15 ORDERING that Plaintiff's MOTION to Compel ECF 59, 60 is DENIED in part and GRANTED in part. Defendants shall provide further responses as noted in this order on or before 10/13/15. Any further Motions to Compel with regard to those responses must be filed on or before 11/17/15. In light of this order, Plaintiff may file revised oppositions to the 3/7/14 and 8/3/15 Motions for Summary Judgment ECF Nos. 30, 69 no later than 12/21/2015. Defendants may file their replies by 1/8/2016. (Mena-Sanchez, L)
February 17, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/16 DENYING 74 Motion to Compel. (Dillon, M)
April 5, 2016
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as to the damages claims brought against defendants Cheung and Hu in their individual capacities, denied as to the claim for prospective injunctive relief brought against defendant Swarthout in his official capacity, and granted in all other respects. Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)ORDER ; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/5/16 ORDERING that plaintiff's request for an extension of time to file a response to defendant Austin and Hickersons reply and objections 84 is GRANTED, nunc pro tunc; defendant Austin and Hickerson's motion to strike 86 is DENIED; and the Clerk of the Court shall randomly assign a United States District Judge to this action. It is RECOMMENDED that summary judgment 30, 69) be denied
July 13, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 7/12/16 ORDERING that the findings and recommendations filed April 5, 2016 (ECF No. 87), are ADOPTED IN FULL; and Defendants' Motions for Summary Judgment (ECF Nos. 30, 69) are DENIED as to the damages claims brought against defendants Cheung and Hu in their individual capacities, DENIED as to the claim for prospective injunctive relief brought against defendant Swarthout in his official capacity, and GRANTED in all other respects. (Becknal, R)
July 14, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 07/13/16 ordering the parties to this action shall each, no later than thirty (30) days from the date of the order, submit confidential statements as described below. (See order for further details)(cc:ADR Director) (Plummer, M) Modified on 7/14/2016 (Plummer, M).
August 15, 2016
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ORDER APPOINTING ATTORNEY signed by District Judge Morrison C. England, Jr. on 8/12/2016 ADDING Attorney Michael Erik Vinding for Lloyd Michael Thomas for the limited purpose of assisting said plaintiff with the preparation for and participation in a Settlement Conference; TERMINATING Mr. Vinding's appointment fifteen days after the completion of the settlement conference; AFFORDING counsel the option of discontinuing his representation of the plaintiff or, at his discretion, proceeding as plaintiff's counsel for trial; ORDERING that the Court's Order Appointing Counsel remain in effect and that this case be re-referred to the Court's Alternative Dispute Resolution and Pro Bono Program Director if counsel does not wish to continue his representation of the plaintiff; DIRECTING the Clerk of Court to serve a copy of this Order upon Michael E. Vinding, Brady & Vinding, 400 Capitol Mall, Suite 2640, Sacramento, CA 95814. (cc: VDRP Sacramento) (Michel, G.)
August 30, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Morrison C. England, Jr on 8/30/16 ORDERING the Custodian to produce Lloyd Thomas, CDCR # J-40609, to testify before Judge Newman at the U. S. District Court, Courtroom #25, 501 I Street, Sacramento, California 95814, on Tuesday, 2/21/17 at 9:00 a.m. 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) (Mena-Sanchez, L)
September 2, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 8/30/2016 ORDERING a Settlement Conference SET for 2/21/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Jackson, T)
May 23, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 5/22/17 ORDERING that the Court hereby APPROVES the expenditure associated with counsel's travel up to the GSA locality rate, as follows: Mileage: $316.72 (592 miles x $0.535 per mile); Food: $48.00; Lodging: $132.43 (base rate $117.00, plus $15.43 taxes) Counsel shall be reimbursed a total of $497.15 for expenses incurred in connection with his travel to confer with his client. (Becknal, R)