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13-882 - (PC) Jewett v. California Forensic Medical Group et al


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13-882 - (PC) Jewett v. California Forensic Medical Group et al
August 27, 2013
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ORDER signed by Magistrate Judge Allison Claire on 08/26/13 granting 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's order to the Sheriff of Shasta County filed concurrently herewith. The amended complaint supersedes the original complaint. The amended complaint is dismissed for the reasons discussed above, with leave to file a second amended complaint within 28 days from the date of service of this order. (Plummer, M)
August 27, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Everett Jewett signed by Magistrate Judge Allison Claire on 08/26/13. The Sheriff of Shasta County shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this orderand a copy of plaintiff's IFP on the Sheriff of Shasta County. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Plummer, M)
January 22, 2014
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ORDER signed by Magistrate Judge Allison Claire on 01/21/14 ordering plaintiff's claims of negligence and due process violations against the defendants are dismissed for the reasons discussed above, with leave to file a third amended complaint within 28 days from the date of service of this order. Plaintiff's premature motion for summary judgment 10 is hereby vacated. (Plummer, M)
March 5, 2015
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to compel discovery, shall be filed on or before 12/2/2015. (Yin, K)ORDER signed by Magistrate Judge Allison Claire on 3/4/2015 GRANTING defendant's 40 motion and VACATING the 4/1/2015 hearing; the Scheduling Order is revised as to discovery is extended to 9/9/2015, and all pretrial motions, except motions
August 31, 2015
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ORDER signed by Magistrate Judge Allison Claire on 08/28/15 ordering that the discovery deadline of 09/09/15 and the dispositive motion deadline of 12/02/15 are vacated. The Discovery and Scheduling Order 30 is hereby revised as follows: The parties may conduct discovery until 03/15/16. All pretrial motions, except motions to compel discovery, shall be filed on or before 6/15/16. (Plummer, M)
November 18, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/18/15 DENYING without prejudice plaintiff's 43 motion to compel. (Yin, K)
January 11, 2016
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 1/08/16. (See order for further details).(Plummer, M)
March 16, 2016
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ORDER signed by Magistrate Judge Allison Claire on 03/15/16 ordering that the discovery cut-off of 03/15/16 and the dispositive motion deadline of 06/15/16 are vacated. Plaintiff will file or seek leave to file, Plaintiff's amended complaint within 60 days of this order. (Plummer, M)
May 17, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 5/16/2016 ORDERING that the deadline to file plaintiff's Fifth Amended Complaint is EXTENDED to 5/30/2016. (Reader, L)
June 2, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 6/1/16, ORDERING that the Court grants leave for Plaintiff to file a Fifth Amended Complaint. (Kastilahn, A)
June 23, 2016
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ORDER signed by Magistrate Judge Allison Claire on 06/22/16 ordering Dr. Jeremy Austin, Mary Barns, and James Roemech are dismissed as defendants in this action. Service is appropriate for the following defendants: Shasta County and Tom Bosenko,Sheriff of Shasta County. Within fourteen days of the date of this order, counsel for defendant Shasta County Sheriffs Department, Mr. Gary Brickwood, is directed to file waivers of service ofprocess for new defendants Shasta County and Tom Bosenko, or show cause inwriting why he is unable to do so. All defendants shall have thirty days from the date of service of the fifth amended complaint, or the filing of waivers of service thereto, to answer or otherwise respond to the complaint. Within sixty days of the filing date of this order, the parties shall file a joint statement of availability for the period of September 1, 2016 through November 30, 2016, indicating blackout dates when counsel will not be available for a status conference.(Plummer, M) Modified on 6/23/2016 (Plummer, M).
February 3, 2017
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 02/02/17 ordering the present discovery cut-off and deadlines for filing of dispositive motions contained in the October 20, 2016 order are vacated. Fact discovery shall be completed by November 1, 2017. Motions to compel must be heard not later than October 10, 2017. Initial expert disclosures shall be made on or before January 10, 2018; rebuttal expert disclosures shall be made on or before February 1, 2018. The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty(30) days after receiving the Courts ruling(s) on the last filed dispositive motion(s). If the parties do not intend to file dispositive motions, the parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after the close of discovery and the notice must include statements of intent to forgo the filing of dispositive motions. After review of the parties Joint Notice of Trial Readiness, the Court will issue an order that sets forth dates for a final pretrial conference and trial. (Plummer, M) Modified on 2/3/2017 (Plummer, M).
March 9, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/08/17 recommending that plaintiffs motion for class certification 83 be granted. The following class be certified pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure: All current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications ,services, and and/or physical access in accordance with federal and state disability laws. Keker & Van Nest LLP, Disability Rights Legal Center, and Atabek & Associates,P.C. be appointed class counsel. Motion 83 referred to Judge Morrison C. England Jr. Objections due within 7 days. (Plummer, M) Modified on 3/9/2017 (Plummer, M).
March 13, 2017
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ORDER and AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/13/17 vacating 89 FINDINGS AND RECOMMENDATIONS. Also, RECOMMENDING that plaintiff's motion for class certification 83 be granted. The following class be certified pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure: All current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications,services, and and/or physical access in accordance with federal and state disability laws. Keker & Van Nest LLP, Disability Rights Legal Center, and Atabek & Associates,P.C. be appointed class counsel. MOTION to CERTIFY CLASS 83 referred to Judge Morrison C. England Jr. Objections due within 7 days.(Plummer, M) Modified on 3/13/2017 (Plummer, M).
April 5, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 4/4/2017 ADOPTING IN FULL 90 Findings and Recommendations; GRANTING 83 Motion to Certify Class; DEFINING the certified class; APPOINTING Keker & Van Nest LLP, Disability Rights Legal Center, and Atabek & Associates, P.C. as class counsel. (Michel, G.)
April 27, 2017
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 4/27/2017 ALLOWING plaintiff to appear by phone at the Settlement Conference set for 5/18/2017 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Henshaw, R)
April 27, 2017
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STIPULATION and WRIT ISSUED signed by Magistrate Judge Allison Claire on 4/27/2017 ORDERING the Warden of California Medical Facility to produce plaintiff Everett Jewett by phone for the Settlement Conference on 5/18/2017 at 9:00 AM. (3 certified copies to Warden, CMF) (Henshaw, R)
April 27, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/27/2017 EXCUSING plaintiffs Ackley and Everett from appearing at the settlement conference scheduled for 5/18/2017 at 9:00 AM. (Henshaw, R)
May 25, 2017
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 05/25/17 ordering The present discovery cut-off and deadlines for filing of dispositive motions contained in the February 3, 2017 Order are vacated. Fact discovery shall be completed by March 30, 2018. Motions to compel must be heard not later than March 16, 2018. Initial expert disclosures shall be made on or before April 30, 2018; rebuttal expert disclosures shall be made on or before May 18, 2018. All pretrial motions, except motions to compel discovery, shall be completed on or before June 30, 2018. The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty days after receiving the Courts ruling(s) on the last filed dispositive motion(s). If the parties do not intend to file dispositive motions, the parties are ordered to file a Joint Notice of Trial Readiness not later than thirty days after the close of discovery and the notice must include statements of intent to forgo the filing of dispositive motions. After review of the parties Joint Notice of Trial Readiness, the Court will issue an order that sets forth dates for a final pretrial conference and trial. (Plummer, M) Modified on 5/25/2017 (Plummer, M).
January 23, 2018
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ORDER signed by Magistrate Judge Allison Claire on 1/23/18 ORDERING the present discovery cut-off and deadlines for filing of dispositive motions contained in the May 25, 2017 order 110 are VACATED. Fact discovery shall be completed by July 31, 2018. Motions to compel must be heard no later than July 13, 2018. Initial expert disclosures shall be made on or before August 28, 2018, and rebuttal expert disclosures shall be made on or before September 17, 2018. All pretrial motions, except motions to compel discovery, shall be completed on or before October 29, 2018. The parties are ordered to file a Joint Notice of Trial Readiness no later than 30 days after receiving the courts ruling(s) on the last filed dispositive motion(s). If the parties do not intend to file dispositive motions, the parties are ordered to file aJoint Notice of Trial Readiness no later than 30 days after the close of discovery, and the notice must include statements of intent to forgo the filing of dispositive motions. After review of the parties Joint Notice of Trial Readiness, the court will issue an order that sets forth dates for a final pretrial conference and trial. (Plummer, M) Modified on 1/23/2018 (Plummer, M).
February 27, 2018
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/27/2018 EXTENDING the briefing deadlines. Plaintiff shall submit the Rule 37(e) motion on 2/21/2018; Defendant Shasta County shall submit its Opposition to Plaintiff's Rule 37(e) motion on 3/14/2018; Plaintiff shall submit his Reply to the Rule 37(e) motion on 3/21/2018; and, the noticed hearing on this matter will be heard on 3/28/2018.(Yin, K)
March 21, 2018
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ORDER signed by District Judge Morrison C. England, Jr on 3/20/2018 GRANTING the Preliminary Approval of Settlement; GRANTING Certification of Settlement Class; DIRECTING Notice to the Class; Fairness Hearing is SET for 6/28/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Washington, S)
July 19, 2018
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ORDER signed by District Judge Morrison C. England, Jr on 7/17/18 GRANTING 157 Motion to conduct settlement conference. (Kaminski, H)
August 7, 2018
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ORDER APPROVING CLASS ACTION SETTLEMENT signed by District Judge Morrison C. England, Jr. on 8/6/2018. (Zignago, K.)
August 23, 2018
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ORDER signed by Magistrate Judge Allison Claire on 8/23/2018 VACATING the present discovery cut-off and dispositive motion deadline in 123 Order; ORDERING the depositions of Sgt. Joseph Danis and Captain Janet Breshears to be taken at mutually agreed upon date and time, notwithstanding the close of fact discovery on 7/31/2018; and SETTING a case management conference in from of Magistrate Judge Allison Claire at 10:00 a.m. on 12/19/2018. (Henshaw, R)
August 23, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 8/23/2018 ORDERING the Custodian to produce Everett Jewett via telephonic conferencing at 9:00 a.m. on 12/5/2018 before the Honorable Kendall J. Newman at the California Medical Facility. 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. The court will contact CMF with the call-in number and instructions. (cc: KJN) 3 Certified copies served on The Warden, California Medical Facility, P.O. Box 2000, Vacaville, CA 95696-2237. (Henshaw, R)