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12-2775 - (PC) Nunez v. Porter, et al


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12-2775 - (PC) Nunez v. Porter, et al
November 15, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/12 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; and Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
December 13, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Curtis Nunez, Jr. signed by Magistrate Judge Kendall J. Newman on 12/12/2012. 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)
May 9, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/13 ORDERING that plaintiff shall file and serve his opposition within twenty days after service of this order. Defendants shall file and serve their reply, if any, within seven days thereafter.(Dillon, M)
January 10, 2014
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retaliation claims against all named defendants, viz., defendants Porter, Till, Norton and Caraballo. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K) Modified on 3/26/2014 (Yin, K).[VACATED PURSUANT TO 36 AMENDED ORDER] ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/10/2014 DENYING defendants' 29 motion to strike plaintiff's Amendment; and RECOMMENDING that defendants' 20 motion to dismiss be granted in part, and denied in part; plaintiff's Fourteenth Amendment claims should be dismissed in their entirety, as to all defendants; and this action should proceed only on plaintiff's First Amendment
March 26, 2014
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AMENDED ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/26/2014 VACATING the 33 Order and Findings and Recommendations filed 1/10/2014; and DENYING defendants' 29 motion to strike plaintiff's Amendment; and RECOMMENDING that defendants' 20 motion to dismiss be granted; defendants Till, Norton and Caraballo should be dismissed from this action; and this action should proceed only on plaintiff's First Amendment retaliation claim against defendant Porter. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
April 18, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/14 ORDERING that the undersigneds amended findings and recommendations filed March 26, 2014 (ECF No. 36), are withdrawn; Defendants motion to dismiss for failure to exhaust administrative remedies (ECF No. 20), is denied without prejudice; The extension of time accorded to plaintiff for filing objections (ECF No. 38), is moot; and Defendants may file and serve, within thirty (30) days after the filing date of this order, a motion for summary judgment based on plaintiffs alleged failure to exhaust his administrative remedies.(Dillon, M)
May 23, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/14 ORDERING that defendants and plaintiff are informed that the court's Amended Findings and Recommendations filed March 26, 2014 (ECF No. 36), is VACATED in its entirety.(Dillon, M)
February 13, 2015
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/12/15 ORDERING that Defendants motion for summary judgment 40 is denied without prejudice. Defendants are granted leave to file and serve, within 14 days of filing of this order, a motion for summary judgment on the grounds that plaintiff failed to properly exhaust administrative remedies with respect to his retaliation claims against Till, Norton, and Caraballo. The motion, if any, should be supported by a separate statement of undisputed facts that conforms to the requirements of Local Rule 260. In addition, IT IS HEREBY RECOMMENDED that Defendants motion to dismiss plaintiffs Fourteenth Amendment claim 44 be granted as to all defendants. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)
March 23, 2015
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ORDER adopting in full 52 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 3/20/15. Defendants' 44 motion to dismiss plaintiff's Fourteenth Amendment claim is GRANTED as to all defendants. (Kastilahn, A)
May 14, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/14/15 recommending that defendants Till, Norton and Carballo's motion for summary judgment 53 be granted; and the claims against these defendants be dismissed without prejudice. MOTION for SUMMARY JUDGMENT 53 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
July 9, 2015
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ORDER signed by Judge John A. Mendez on 7/9/15 ADOPTING IN FULL 62 Findings and Recommendations. Defendants Till, Norton, and Caraballo's 53 Motion for Summary Judgment is GRANTED. The claims against these defendanst are DISMISSED without prejudice. D. Till (Sgt.), D. Carabello (Sgt.) and S. Norton (Sgt.) terminated. (Meuleman, A)
September 27, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/27/16 ordering plaintiffs motion for a safe teleconference 76 is denied. Plaintiffs motion to produce witnesses at trial 79 is denied. Plaintiffs motion to reopen discovery 80 is granted in part and denied in part. It is granted to the extent that discovery will be reopened for the limited purpose of allowing defendant Porter to respond to the Request for Admissions and Request for Production of Documents plaintiff served on defendant on December 3, 2015. Defendant Porter shall serve her responses to plaintiffs discovery requests within thirty days from the filing date of this order. In all other respects, plaintiffs motion to reopen discovery is denied. Plaintiff will not be permitted to serve any new discovery requests on defendant Porter. Defendants motion for summary judgment 77 is denied without prejudice to its renewal after defendant has served her responses to plaintiffs discovery requests. Defendant is not required to re-file the motion and supporting documents, but may reference the prior filings in the notice. Plaintiff shall file an opposition, or statement of non-opposition, to the re-noticed motion within thirty days after the notice is served. Defendants reply, if any, shall be filed within twenty-one days thereafter. Plaintiffs motion for an extension of time to oppose defendants motion for summary judgment time 80at 8 is denied as moot.(Plummer, M)
January 19, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/17 granting 84 Motion for an in-camera review of at-issue emails. Within 10 days of the date of this order, defendant shall submit the at-issue emails for in camera review. (Plummer, M)
February 10, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/17 ORDERING that within 14 days of the date of this order, plaintiff shall provide the court with a copy of the request for production of documents relevant to the at- issue emails; plaintiff shall also identify which specific request for production of documents in response to which defendant produced the emails.(Dillon, M)
March 17, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/17/17 ordering that within 14 days of the date of this order, plaintiff shall provide the court with a copy of the request for production of documents relevant to the at-issue emails; plaintiff shall also identify which specific request for production of documents in response to which defendant produced the emails. (Plummer, M)
April 10, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/10/17 ordering plaintiff's request for the unredacted emails contained in his motion for in camera review 84 is denied. The clerk of the court is directed to file unders seal the unredacted emails provided by defendant for in camera review on 2/08/17. Within 14 days of the date of this order, defendant shall re-notice to previously filed summary judgment motion; plaintiff's opposition is due within 30 days after the notice is served; defendant's reply, if any is due within 21 days thereafter. (Plummer, M)
November 14, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/13/17 GRANTING 98 plaintiff's motion to amend his opposition, construed as a motion to file a supplemental opposition. Also, RECOMMENDING that defendant's motion for summary judgment 77, 95 be granted for the reasons discussed above. Motions 77, 95 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)