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12-2570 - (PC) Sykes v. Athannasious et al


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12-2570 - (PC) Sykes v. Athannasious et al
November 5, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Milton Sykes signed by Magistrate Judge Kendall J. Newman on 11/5/2012. 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)
December 3, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/12 ordering the clerk of the court shall send plaintiff a complete copy of the operative complaint filed 10/15/12 1. Within 30 days after service of this order, plaintiff shall submit to the court 5 complete copies of the 10/15/12 complaint, for the purpose of effecting service of process on defendants. (Plummer, M)
December 12, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/11/2012 ORDERING that plaintiff's 12 motion is GRANTED, in part, and DENIED, in part; plaintiff's 12 request for the appointment of counsel is GRANTED, the Clerk is directed to contact the Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to pratice in this court who is willing to accept this appointment, for the purpose of pursing this action on plaintiff's behalf through all pretrial and trial proceedings ; plaintiff's 12 request for the appointment of a medical expert is DENIED without prejudice; and plaintiff's 15 motion is DENIED as incomplete and duplicative. (cc: ADR) (Yin, K)
March 8, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/13 ORDERING that Mr. Isaac Fischer is appointed as counsel for limited purposes. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of Court is directed to serve a copy of this order upon both plaintiff and Mr. Issac Fischer.(Dillon, M)
April 1, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/01/13 ordering the clerk of the court shall send plaintiff's counsel 1 USM-285 form, instruction sheet and a copy of the 10/15/12 complaint 1 to be completed and returned with the attached Notice of submission of documents within 21 days after the filing date of this order. Alternatively, plaintiff may, within the same deadline, request judicial intervention to assist in completing service of process on defendant Bick, with an explanation why plaintiff is unable to provide additional service information for the U.S. Marshal. (Copy of this order, 1 USM-285 form, instruction sheet, and a copy of the complaint mailed to the attorney for plaintiff by mail) (Plummer, M)
July 15, 2013
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orney General will accept service of process on behalf of defendant Dr. Bick. (Plummer, M)ORDER signed by Magistrate Judge Kendall J. Newman on 07/15/13 ordering that within 14 days after the filing date of this order, a representative of the Attorney General's Office shall file and serve a statement informing the court and plaintiff of the following: 1)Whether, and whn, Dr. Bick will be concluding his sabbatical and returning to his employment with CDCR, including the facility where he is scheduled to work; and 2)Whether, either pending or upon Dr. Bick's return, the Att
August 9, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/13 ORDERING that Mr. Fischer shall, within 14 days after the filing date of this order, submit to the court, and serve on plaintiff, a confidential statement that is responsive to plaintiffs concerns (ECF Nos. 44-6). Plaintiff may, within 7 days after service of counsels statement, submit to the court, and serve on Mr. Fischer, a confidential responsive statement.(Dillon, M)
September 16, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/13 ORDERING that within 7 days after service of this order, plaintiff shall submit andserve a confidential statement responsive to the declaration submitted by plaintiffs counsel. If plaintiff is unable, for medical reasons, to respond to the courts order, a CMF medical staff member may so inform the court, ideally with plaintiffs written authorization. Failure of plaintiff to timely comply with this extended deadline may result in a recommendation that this action be dismissed without prejudice(Dillon, M)
October 4, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/13 ORDERING that Plaintiffs motions to amend the complaint, filed in pro se 44 45 and 46, are denied without prejudice. Mr. Fisher shall retain his appointment as pro bono counsel for plaintiff, absent further order of this court. Discovery may commence in this action, pursuant to the Discovery and Scheduling Order, filed in tandem with this order. In addition, counsel with the California Attorney Generals Office shall, within fourteen days after the filing date of this order, file and serve a statement that updates defense counsels statement filed July 19, 2013 (ECF No. 43), which indicated that the Office would likely accept service of process on behalf of defendant Dr. Bick, upon his anticipated return to the United States in late August 2013. Alternatively, within fourteen days, the Office may accept service of process in this action on behalf of defendant Dr. Bick.(Dillon, M)
October 15, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/15/13 ORDERING that the Clerk of the Court shall send plaintiff one USM-285 form. Within 10 days after the filing date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: The completed Notice of Submission of Documents; One completed summons; One completed USM-285 form for defendant Bick; and Two copies of the endorsed complaint filed October 15, 2012. (Dillon, M)
March 11, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/11/14 ordering that within 7 days after the filing date of this order, plaintiff's counsel shall: File and serve a statement demonstrating good cause for counsel's delay in responding to the court's 10/15/13 order 52, and an explanation why monetary or other sanctions should not be imposed. Submit the following documents to the court: The completed Notice of Submission of Documents (attached), 1 completed summons, 1 completed USM-285 form for defendant Bick and 2 copies of the endorsed complaint filed 10/15/12 1. Upon receipt of the above-described documents, the court will direct the U.S. Marshal to serve defendant Bick forthwith, pursuant to Rule 4, without payment of costs; counsel for defendant Bick is directed to promptly waiver service of process and file a responsive pleading. The court will thereafter issue an order addressing the merits of the instant order to show cause. The clerk of the court is directed to send plaintiff's counsel 1 blank USM-285 form. (Copy of this order, 1 blank USM-285 forms and 1 blank summons mailed to attorney for plaintiff) (Plummer, M)
March 14, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/14/14 ordering that with the exception of requiring Mr. Fischer's compliance with the court's order filed 03/11/14 55, this action is informally stayed pending further order of the court. Mr. Fischer is directed to serve a copy of this order on plaintiff. (Plummer, M) Modified on 3/17/2014 (Plummer, M).
March 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/14 re 55 5256, IT IS HEREBY ORDERED that 1. The temporary stay in this action, pending the location of alternative appointed counsel for plaintiff 55, does not apply to the following matters. 2. Mr. Fischer shall, within 7 days after the filing date of this order, show cause in writing why this court should not impose monetary sanctions on him for failing to acknowledge and abide by the orders of this court; failure to timely respond to this order shall result in the imposition of monetary sanctions. See Local Rule 110. 3. Mr. Wilfred T. Fong, Deputy Attorney General, is requested to inform the court, within 14 days after the filing date of this order, whether the California Attorney General's Office will waive service of process for defendant Dr. Bick, as suggested in defense counsel's statement filed 10/15/13, and, if so, to file such waiver. 4. Should the Attorney General's Office waive service of process for Dr. Bick, defense counsel shall, within 30 days thereafter, file and serve a pleading responsive to the complaint. 5. The Clerk of Court shall, in addition to serving this order via the court's Case Management/Electronic Case Files (CM/ECF) system, mail the following documents to Mr. Fong: (1) a copy of this order; (2) a Waiver of Service of Summons, customized for defendant Dr. Bick; and (3) a copy of the endorsed 1 complaint filed 10/15/12. (cc and U.S. Mail: AG). (Meuleman, A)
April 7, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/2014 DISCHARGING the 55, 57 orders to show cause; Mr. Fischer's services are no longer required in this action. Attorney Isaac Lee Fischer terminated. (Yin, K)
April 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/09/14 ordering Mr. Kevin W. Reager, Deputy Attorney General, is requested to inform the court, within 7 days after the filing date of this order, whether the California Attorney General's Office will waive service of process for defendant Dr. Bick, and, if so, to file such waiver. Should the Attorney General's Office waive service of process for Dr. Bick, defense counsel shall, within 30 days thereafter, file and serve a pleading responsive to the operative complaint. The clerk of of court shall, in addition to serving this order via the court's Case Management/Electronic Case Files (CM/ECF) system, mail the following documents to Mr. Kevin W. Reager: 1) a copy of this order; 2) a Waiver of service of summons, customized for defendant Dr. Bick; and 3) a copy of the endorsed complaint filed 10/15/12 1. The clerk of court shall mail these documents to: Mr Kevin W. Reager, Deputy Attorney General, California Department of Justice, 1300 I Street, P.O. Box 944255, Sacramento, CA 94244-2550. (Plummer, M)
April 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/24/2014 APPOINTING Rebecca Ihejirika for Milton Sykes, for all purposes absent order of the court; and DENYING, wihtout prejudice, the 54 motion for summary judgment. See Order for Details. (cc: Sujean Park) (Yin, K) Modified on 7/9/2014 (Yin, K).
July 9, 2014
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[DISCHARGED per order of 7/21/14] ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/9/2014 ORDERING that within 7 days, defendant Bick shall show cause why judgment should not be entered against him for his failure to file a responsive pleading within 60 days of 3/24/2014. (Yin, K) Modified on 7/21/2014 (Kaminski, H).
July 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/14: The order to show cause is discharged. The Clerk of the Court is directed to separately file defendant Bick's answer attached to defendant Bick's July 15, 2014 pleading (ECF No. 72). (Kaminski, H)
July 23, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/23/14 granting 67 Motion to reopen discovery; the hearing set on this motion for 07/31/14, before the undersigned is vacated. Discovery is reopened to all parties. Discovery shall be completed, and all motions pertaining to discovery shall be noticed for hearing by 11/13/14. All pretrial motions, except motions to compel discovery, shall be filied on or before 02/05/15. (Plummer, M)
October 23, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/2014 VACATING the Motion Hearing on 79 Motion to Amend set for 10/30/2014; ORDERING Defendant Khaira to file a response to the 79 Motion to Amend within seven days, and to show cause within seven days, why sanctions should not be imposed for failure to file a timely response to the 79 Motion to Amend. (Michel, G)
October 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/14 ORDERING that the discovery deadline is modified in accordance with the stipulation. (Dillon, M)
October 31, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/31/14 recommending that defendants CDCR and CMF be dismissed. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
December 12, 2014
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ORDER ADOPTING 87 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 12/11/14. Defendants CDCR and CMF are DISMISSED. (Manzer, C)
December 29, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/29/14 ORDERING that the hearing on defendant Khairas motion to dismiss, currently set for Thursday, January 8, 2015, at 10:00 a.m., in Courtroom No. 25, is vacated. Defendant Khairas reply to plaintiffs opposition, if any, must still be filed no later than 4:30 p.m. on Wednesday, December 31, 2014. The motion will thereafter be deemed submitted. (Dillon, M)
March 16, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/15 ordering the hearing on defendants' Dr. Aguilera and Dr. Haile's motion to dismiss, currently set for 03/26/15 at 10:00 a.m. in courtroom 25 is vacated. Defendants Dr. Aguilera and Dr. Haile's reply to plaintiff's opposition, if any, must still be filed no later than 4:30 p.m. on 03/19/15. The motion will thereafter be deemed submitted. (Plummer, M)
May 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/22/15 ordering no later than 06/19/15, plaintiff shall file a supplemental brief that addresses 1. whether plaintiff may properly name Dr. Khaira as a defendant under section 1983, and 2. whether plaintiff's claims against defendants Dr. Aguilera and Dr. Haile are barred by the applicable statute of limitations. (See order for further details). The parties may conduct discovery herein until 10/30/15. Any motions to compel discovery shall be filed by that date. All request for discovery pursuant to FRCP 31,33,34 or 36 shall be served not later than 60 days prior to that date. (Plummer, M)
August 5, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/05/15 recommending that Dr. Khaira's motion to dismiss 92 be granted, and: A. to the extent that is is pled against Dr. Khaira, plaintiff's section 1983 claim be dismissed without prejudice; B. to the extent that it is plead against Dr. Khaira, plaintiff's retaliation claim be dismissed without prejudice; and C. Plaintiff's prayer for punitive damages pursuant to his state law medical malpractice claim be dismissed with prejudice. Dr. Aguilera' and Dr. Haile's motion to dismiss 103 be granted. Dr. Aguilera and Dr. Haile be dismissed with prejudice as defendants in this action. Plaintiff be granted 30 days to file a second amended complaint that complies with this order, the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure and the Local Rules of Practice. Motions 92 and 103 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
September 14, 2015
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ORDER signed by District Judge Troy L. Nunley on 9/11/2015 ADOPTING IN FULL 114 Findings and Recommendations; DISMISSING the plaintiff's ยง 1983 and retaliation claims against Defendant Khaira without prejudice; DISMISSING the plaintiff's prayer for punitive damages pursuant to his state law medical malpractice claim with prejudice; GRANTING 103 Motion to Dismiss; DISMISSING Defendants Aguilera, Haile with prejudice; GRANTING the plaintiff thirty days to file a Second Amended Complaint. (Michel, G.)
December 1, 2015
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/01/15 ordering the hearing currently set for 12/10/15 at 10:00 a.m. is vacated. Within 14 days of the date of filing of this order, plaintiff shall show cause, in writing, why defendant Khaira's motion to dismiss should not be granted. Within 14 days of the date of filing of this order, plaintiff shall file an opposition or statement of non-opposition to defendant Khaira' motion to dismiss. Defendant Khaira's reply, if any, shall be due 7 days thereafter. (Plummer, M)
January 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/04/16 ordering the 12/01/15 order to show cause directed to plaintiff is discharged. ( Discovery due by 4/1/2016, All pretrial motions, except motions to compel discovery, shall be filed on or before 7/1/2016.) (Plummer, M) Modified on 1/5/2016 (Plummer, M).
February 25, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 2/25/16 ordering the Custodian to produce Milton Sykes via telephonic conferencing at 3/03/16 at 10:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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.(Plummer, M)(3 certified copies sent to Warden, California Health Care Facility, Courtesy copy sent by fax to litigation coordinator at California Health Care Facility at 209-467-2676.) Modified on 2/25/2016 (Plummer, M). Modified on 2/25/2016 (Plummer, M).
March 7, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/7/2016 ORDERING counsel for plaintiff's 127 motion for leave to withdraw as attorney of record is DENIED. The denial is without prejudice to: (1) the filing of a reasonable request or requests for additional time to oppose defendants' summary judgment motions; and (2) the re-filing of her motion to withdraw as attorney of record, after any motions for summary judgment are resolved. Should plaintiff's counsel later determine that she would like to have co-counsel appointed to assist her in opposing defendants' summary judgment motions, she should contact the ADR and Pro Bono Program Coordinator, Sujean Park. (Yin, K)
March 7, 2016
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/7/2016 ORDERING, within 7 days, Mr. Reager shall show cause in writing why he failed to appear at the 3/3/2016 hearing and why this court should not impose monetary sanctions on him for his failure to appear. Mr. Reager is further ordered, within the above time frame, to inform the court as to whether defendants Athannasious, Bick, and Weiland anticipate filing a motion for summary judgment in this case, and if so, to show cause why this motion could not be filed within the next sixty days. (Yin, K)
March 16, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/2016 ORDERING the 3/7/2016 order to show cause is DISCHARGED. The pretrial motion deadline of 7/1/2016 is VACATED. All pretrial motions, except motions to compel discovery, shall be filed within 60 days. Plaintiff shall have 45 days to oppose any motion for summary judgment, defendant's reply shall be due 7 days thereafter. Following resolution of dispositive motions, this action will be set for trial, if appropriate.(Yin, K)
May 20, 2016
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ORDER APPOINTING LIMITED PURPOSE CO-COUNSEL signed by Magistrate Judge Kendall J. Newman on 5/20/2016 ORDERING Rebecca A. Weinstein-Hamilton is appointed as co-counsel for the limited purpose of opposing defendants' motions for summary judgment. Rebecca A. Weinstein-Hamilton's appointment will terminate when the order ruling on the summary judgment motions has been filed. The Clerk is directed to serve this order upon Rebecca A. Weinstein-Hamilton. (cc Rebecca A. Weinstein-Hamilton) (Yin, K)
June 28, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 06/28/16 ordering plaintiff - Milton Sykes shall file his oppositions to defendants' motions for summary judgment on or before 10/31/16. Defendants' reply shall be due within 45 days after filing of plaintiff's oppositions to the motions for summary judgment. (Plummer, M)
August 24, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Rebecca Ihejirika is GRANTED. (Crouch, J)
October 31, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/16 ordering Plaintiff Milton Sykes shall file his Oppositions to Defendants Motions for Summary Judgment on or before November 30, 2016. Defendants Reply shall be due within forty-five (45) days after filing of Plaintiffs Oppositions to the Motions for Summary Judgment.(Plummer, M)
December 2, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2016 ORDERING that Plaintiff Milton Sykes shall file his Oppositions to Defendants' Motions for Summary Judgment on or before 12/30/2016; and Defendants' Reply shall be due within 45 days after filing of Plaintiff's Oppositions to the Motions for Summary Judgment. (Jackson, T)
January 3, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/17 ORDERING that plaintiff shall file oppositions to defendants' motions for summary judgment on or before January 31, 2017; Defendants may file a reply within 45 days after plaintiff's oppositions are filed.(Dillon, M)
February 1, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/1/2017 ORDERING plaintiff shall file his opposition to defendants' motions for summary judgment on or before 3/31/2017. Defendants' repy shall be filed within 45 days thereafter.(Yin, K)
March 15, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/15/2017 VACATING 137, 138 Motions for Summary Judgment pending resolution of the motions for leave to withdraw as attorney of record. (Michel, G.)
May 19, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/19/17 ordering that within seven days of the date of this order, plaintiffs counsel shall inform the court whether she has any objection to the dismissal of defendants Khaira, Bick and Athannasious with prejudice. (Plummer, M)
June 2, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/02/17 ordering that within 7 days of the date of this order, the parties shall file a stipulation clarifying the status of defendant Weiland and whether this action is to be dismissed in its entirety. (Plummer, M)
June 22, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/17 ordering pursuant to the stipulation filed 5/17/17, defendants Athannasouis, Bick and Khaira are dismissed. Unless this action has been dismissed, the parties shall file a joint status report 90 days from the date of this order addressing the status of the settlement. (Plummer, M)
September 27, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/26/17 ORDERING that within seven days of the date of this order, plaintiffs counsel shall inform the court whether she has any objection to the dismissal of defendant Weiland with prejudice. (Plummer, M)
October 5, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/5/2017 DISMISSING with prejudice defendant Weiland, pursuant to the 9/15/2017 Stipulation, and DIRECTING Clerk of Court to close this case. CASE CLOSED. (Henshaw, R)