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13-1488 - (PC) Alston v. County of Sacramento Sheriff's Department et al.


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13-1488 - (PC) Alston v. County of Sacramento Sheriff's Department et al.
September 4, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/3/13 ORDERING that 2 Motion to Proceed IFP is GRANTED. Plaintiff's complaint is DISMSISED with 30 days to file an amended complaint.(Dillon, M)
August 5, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/05/14 ordering plaintiff's amended complaint 7 is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. The clerk of the court shall send plaintiff the court's form for filing a civil rights action. (Plummer, M)
October 30, 2015
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/29/2015 DIRECTING the Clerk to randomly assign a US District Judge to this action. IT IS RECOMMENDED that this case proceed on plaintiff's deliberate indifference and negligence claims against defendants County of Sacramento, Jones, Fitch, Douglas, Steed, Harrison, Bacoch, Gandhi, Grgich, Carmello, Doe 12, and Doe 132 in connection with their refusal to adhere to his medical "recommendation" or chrono stating he needed to be housed on a lower tier and avoid climbing stairs; plaintiff's claims under the Americans with Disabilities Act be dismissed for failure to state a claim; the court decline to exercise supplemental jurisdiction over any state law claims except as stated herein; and this matter be referred back to the assigned Magistrate Judge for service of the second amended complaint on defendants as provided herein. Assigned and referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
January 7, 2016
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ORDER signed by Judge Kimberly J. Mueller on 1/6/16 ORDERING that the findings and recommendations filed October 30, 2015, are adopted in full; this case shall proceed on plaintiff's deliberate indifference and negligence claims against defendants County of Sacramento, Jones, Fitch, Douglas, Steed, Harrison, Bacoch, Gandhi, Grgich, Carmello, Doe 12, and Doe 13 in connection with their refusal to adhere to his medical "recommendation" or chrono stating he needed to be housed on a lower tier and avoid climbing stairs; Plaintiff's claims under the Americans with Disabilities Act are dismissed for failure to state a claim; the court declines to exercise supplemental jurisdiction over any state law claims except as stated herein; and this matter is referred back to the assigned Magistrate Judge for service of the second amended complaint on defendants as provided herein. (Becknal, R)
February 16, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/15/17 recommending that the motion to dismiss of defendants Bacoch, Carmello, County of Sacramento, Douglas, Gandhi, Grgich, Jones and Steed be granted in part and denied in part as follows: The claims against defendants in their official capacities be dismissed. All claims against defendant County of Sacramento be dismissed. The claims regarding the creation of, or failure to create, policies, practices and customs, and the claims of failure to train, against defendants Jones and Steed be dismissed. All claims against defendants Douglas and Bacoch be dismissed. This case proceed on plaintiffs claims of deliberate indifference and negligence against defendants Jones, Grgich, Steed, Gandhi, and Carmello, as described above. Motion 17 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
March 28, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/27/2017 ORDERING that the 25 findings and recommendations are ADOPTED in full. The 17 motion to dismiss of defendants Bacoch, Carmello, County of Sacramento, Douglas, Gandhi, Grgich, Jones, and Steed is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
July 26, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/25/2017 SETTING a Settlement Conference for 8/29/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney; DIRECTING the parties to submit confidential settlement conference statements to Magistrate Judge Delaney by 8/22/2017. (Michel, G.)
August 29, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 8/29/2017 GRANTING 32 Request to Seal. Defendants' 31 Confidential Settlement Conference Statement is SEALED. (Donati, J)