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13-328 - (PC) Gress v. Smith, et al.


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13-328 - (PC) Gress v. Smith, et al.
February 28, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 02/27/13 dismissing 2 Motion to Proceed IFP. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall submit within 30 days from the date of this order, a completed application to proceed in forma pauperis on the form provided with this order. (Plummer, M)
July 31, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/30/13 ORDERING that this case is SET for an early telephonic Status Conference on 8/23/2013 at 09:00 AM. The Clerk is directed to serve a copy of this order on Deputy Attorney General Kevin Reager, Office of the California Attorney General, 1300 I Street, Sacramento, CA 95814; and the Litigation Office at Mule Creek State Prison at fax number 209-274-5018. (Mena-Sanchez, L)
July 31, 2013
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 7/30/13 Commanding the custodian to produce inmate Michael Gress before the Honorable Kendall J. Newman, to appear by telephonic Conferencing at Mule Creek State Prison, on August 23, 2013, at 9:00 a.m.(Mena-Sanchez, L)
August 6, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/5/13 ORDERING that this case is set for an early telephonic status/mediation conference on Thursday, August 22, 2013, at 9:00 a.m., before the undersigned. Clerk of the Court is directed to serve a copy of this order on Deputy Attorney General Kevin Reager, Office of the California Attorney General; and the Litigation Office at Mule Creek State Prison at fax number 209-274-5018.(Dillon, M)
August 6, 2013
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 8/5/13 ORDERING the Custodian to produce Michael Gress via telephonic conferencing at 9:00 am on 8/22/13. 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. (cc IT)(Dillon, M)
August 23, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/13 ORDERING that plaintiff shall file, within 30 days from the date of this order, a motion for appointment of counsel.(Dillon, M)
September 23, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2013 ORDERING that plaintiff's 7 request to proceed IFP is GRANTED; plaintiff shall pay the $350.00 filing fee with an initial partial filing fee in accordance with the concurrent CDCR order; plaintiff's 15 motion for appointment of counsel is GRANTED; Ryan M. Daugherty is APPOINTED for Michael Gress; the Clerk shall serve a copy of this order upon Ryan M. Daugherty; plaintiff's complaint is DISMISSED; within 90 days, counsel for plaintiff shall file an amended complaint. (Yin, K)
September 23, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Gress signed by Magistrate Judge Kendall J. Newman on 9/23/2013. CDCR 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 CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
November 1, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is GRANTED. (Crouch, J)
February 12, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/14 ORDERING that in light of the suggestion of Eldon Evans death upon the record, this order will invoke the ninety day time limit for filing a motion for substitution. (Dillon, M)
April 25, 2014
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 4/25/14 ORDERING that Defendant Dr. Nale show cause, within 21 days from the date of this order, why default should not be entered; The Clerk of the Court shall forward a copy of this order to defendant Dr. Boru Nale, 4001 Hwy. 104, Ione, California 95640; and the Clerk of the Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson)(Dillon, M)
May 8, 2014
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/14 ORDERING that defendant Jacqueline Barnett is dismissed from this action without prejudice.(Dillon, M)
May 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/21/14 ordering within 14 days from the date of this order defendant Florencio Moreno shall pay to the U.S. Marshal the sum of $181.52, unless within that time, defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend this 14 days period. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)(Copy of this order served on the U.S. Marshal) Modified on 5/21/2014 (Plummer, M).
May 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/21/14 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the amended complaint filed 12/23/13. Within 60 days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents, 1 completed USM-285 form for defendant Col and 2 copies of the 12/23/13 amended complaint. (Copy of this order, 1 USM-285 form, instruction sheet and a copy of the 12/23/13 amended complaint served by mail on attorney for plaintiff Ryan M. Daugherty at address of record.)(Plummer, M)
June 4, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/03/14 ORDERING the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this action. The clerk of the court is directed to re-serve a copy of the 4/25/14 order to show cause 35 on Dr. Boru Nale, 29796 S. Sengspiration Road, Tucson, AZ 85739. Dr. Nale is granted 30 days from the date of this order to show cause why default should not be entered. Also, RECOMMENDING that defendant Eldon Evans be dismissed from this action. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Copy of this order and a copy of order 35 served by mail on Dr. Boru Nale, 29796 S. Sengspiration Road, Tucson, AZ 85739.) (Plummer, M) Modified on 6/4/2014 (Plummer, M).
June 26, 2014
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/2014 and agreed between the parties GRANTING plaintiff leave to file his Second Amended Complaint which was attached to the 6/11/14 Stipulation as "Exhibit A"; the Second Amended Complaint is DEEMED filed as of 6/11/14; defendants have 30 days to file a responsive pleading; and the Clerk shall remove the proposed second amended complaint 46 and file separately as plaintiff's second amended complaint, nunc pro tunc, as of 6/11/2014. (Yin, K)
June 26, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/2014 DISCHARGING the 6/4/14 order to show cause 44 ; GRANTING defendant Dr. Nale an extension of time to file a responsove pleading; and defendant Dr. Nale shall file a responsive pleading to the Second Amended Complaint as set forth in this court's order addressing the 6/11/14 stipulation.(Yin, K)
July 8, 2014
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ORDER signed by District Judge Troy L. Nunley on 7/7/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/4/14 44 are ADOPTED in full; and Defendant Eldon Evans is DISMISSED from this action. (Mena-Sanchez, L)
August 12, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/7/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is GRANTED. (Crouch, J)
February 18, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/2015 and stipulated between the parties to DISMISS defendants Mary Chase and Wesley Hashimoto from this action without prejudice, pursuant to Fed. R. Civ. P. 41. (Yin, K)
March 30, 2015
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ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/30/2015 ORDERING Defendant Florencio Moreno to show cause in writing, within twenty-one days, why default should not be entered; DIRECTING the Clerk of Court to forward a copy of this Order and a copy of 41 Order Taxing Costs of Service to Defendant Florencio Moreno at 5814 Garner Lake, Stockton, CA 95207 and 9009 Rieti Lane, Stockton, CA 95212. (Michel, G.)
May 7, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/7/15 Recommending that Defendant Dr. Bruce Barnett be dismissed from this Action without prejudice. These Findings and Recommendations will be submitted to U.S. District Judge Troy L. Nunley. Objections to these F&R due within fourteen days. (Mena-Sanchez, L) Modified on 5/8/2015 (Plummer, M).
May 12, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/12/15 recommending that defendant Col be dismissed from this action without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
July 7, 2015
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ORDER ADOPTING 79 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 7/6/15. Defendant Col is DISMISSED from this action without prejudice. (Manzer, C)
August 20, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/20/15 ordering the stipulation 90 is approved. The pending pretrial motions cut-off date of 8/30/15 is vacated. Dispositive motions shall be filed 60 days after defendant Barnett's motion to dismiss 89 is resolved. (Plummer, M)
August 21, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/20/15 ordering the 09/18/15 hearing on defendants' motion to dismiss is vacated. The motion shall be briefed pursuant to Local Rule 230(l). (Plummer, M)
January 26, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/26/16 recommending that defendant Barnett's motion to dismiss be denied without prejudice as to defendant's motion that plaintiff's state law negligence claims against Dr. Barnett are barred by the statute of limitations, and with prejudice as to defendant's other grounds for dismissal at this stage of the pleadings. MOTION to DISMISS 89 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
March 21, 2016
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ORDER signed by District Judge Troy L. Nunley on 3/18/16 ORDERING that the findings and recommendations filed January 26, 2016, are adopted in full; and Defendant Barnett's Motion to Dismiss 89 is denied without prejudice as to Defendant's motion that Plaintiffs state law negligence claims against Dr. Barnett are barred by the statute of limitations, and with prejudice as to Defendant's other grounds for dismissal at this stage of the pleadings.(Becknal, R)
May 19, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/16 ORDERING that Defendant Fong and Defendant Heffner are dismissed from this action without prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure.(Dillon, M)
May 31, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/31/16 ORDERING that defendants' 109 Motion to Strike is GRANTED; the 108 05/26/16 Joint Statement is STRICKEN; the hearing on plaintiff's 99 Motion to Compel is RESET for 6/16/2016 at 10:00 AM before Magistrate Judge Kendall J. Newman; the parties shall meet and confer in good faith and shall file a revised joint statement as set forth above; plaintiff shall file his opposition, if any, to defendants' 100 motion to modify the scheduling order by close of business 06/06/16; defendants shall file a reply by close of business on 06/13/16; and briefing on the pending 103 104 105 106 107 motions for summary judgment is STAYED pending further order of this court. (Benson, A)
June 10, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/2016 VACATING the hearing on 99 Motion to Compel set for 6/16/2016; DEEMING the 99 Motion to Compel withdrawn; DENYING the defendants' request for sanctions. (Michel, G.)
July 15, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/15/16 partially granting 100 to modify the scheduling order. Defendants' 5 pending motions for summary judgment 103, 104, 105, 106, and 107 are denied without prejudice to their re-noticing, as set forth above. Within 30 days from the date of this order, defendants may file 1 motion for summary judgment as to the remaining defendants. Within 30 days from the filing of such motion, plaintiff shall file an opposition as set forth above. 21 days thereafter, defendants may file a reply. (Plummer, M)
October 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is GRANTED. (Crouch, J)
October 25, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/25/2016 and agreed between the parties to EXTEND the deadline for plaintiff to file an opposition to defendants' 117 motion for summary judgment to 11/14/2016. Defendants' reply shall be filed no later than 12/13/2016.(Yin, K)
December 15, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/16 ORDERING that plaintiff's motion for reconsideration (ECF No. 142) is DENIED. The deadlines set in the December 12, 2016 order are VACATED. A settlement conference is set for February 6, 2017, at 9:30 a.m., in Courtroom #24 before Magistrate Judge Carolyn K. Delaney at the U.S. District Court, 501 I Street, Sacramento, California 95814. The parties are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. (cc CKD) (Dillon, M)
December 15, 2016
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rolyn K. Delaney. 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, three certified copies served on Warden)(Dillon, M) Modified on 1/9/2017 (Plummer, M).[VACATED PURSUANT TO 1/09/17 ORDER]ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 12/15/16 ORDERING the Custodian to produce Michael Gress at 9:30 am on 2/6/17 in Courtroom 24 before Judge Ca
December 16, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is DENIED. (Crouch, J)
February 7, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 2/7/17 ORDERING the Custodian to produce Michael Gress at 9:30 am on March 20, 2017 in Courtroom 24 before 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 and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
March 16, 2017
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[VOID] per order 163 ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/17 dismissing 117, 118, 119, 120, 121, 122 Motions for Summary Judgment without prejudice. (Plummer, M) Modified on 6/30/2017 (Becknal, R).
March 23, 2017
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[VOID] per order 163 ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/17 ordering that within 30 days, defendants' shall file or re-notice their motion for summary judgment. (Plummer, M) Modified on 6/30/2017 (Becknal, R).
June 30, 2017
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ORDER signed by District Judge Troy L. Nunley on 6/29/17 ORDERING that the magistrate judge's 3/16/17, order (ECF No. 152) is void and without effect. Defendants' motions for summary judgment (ECF Nos. 117122) have not been dismissed. The Clerk is ordered to revise the docket accordingly; the magistrate judge's 3/23/17 order (ECF No. 154) is void and without effect; Defendants' motion for summary judgment (ECF No. 161) shall be stricken as an unauthorized filing because the 3/23/17, order purporting to authorize it is void and without effect. The Clerk is ordered to revise the docket accordingly; Defendants shall file their reply to Plaintiff's opposition (ECF No. 130) within 7 days of the date this Order is filed. (Becknal, R)
March 30, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2018 DENYING 165 Motion to Strike; DENYING 165 Request for Sanctions or Attorney Fees; and GRANTING Plaintiff 14 days in which to file a sur-reply solely addressing the VCGCB documents appended to defendants reply in the context of defendants motion to dismiss plaintiffs state law medical malpractice claim as barred by the statute of limitations. The filing of such sur-reply is optional. (Henshaw, R)