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13-1551 - (PC) Cordero v. Guzman et al


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13-1551 - (PC) Cordero v. Guzman et al
August 2, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Randy M. Cordero signed by Magistrate Judge Kendall J. Newman on 08/02/13. CDC is to 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 order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
September 4, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/4/13 ORDERING that The Clerk of the Court is directed to send plaintiff one blank USM-285 form; and within 30 days, plaintiff shall submit to the court the completed USM-285 form for defendant Ybarra required to effect service.(Dillon, M)
September 20, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/13 denying 15 Motion to Appoint Counsel. (Dillon, M)
October 21, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/13 ORDERING that the Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the complaint filed July 16, 2013; Within 60 days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with one completed USM-285 form for defendant Ybarra; Two copies of the endorsed complaint filed July 16, 2013; and one completed summons form or show good cause why he cannot provide such information.(Dillon, M)
November 22, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/13 granting 23 Motion for judicial intervention. The clerk of the court is directed to amend court records to reflect that defendant Ybarra's name is A. Parra. (Plummer, M)
December 12, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/13 denying 30 Motion to Appoint Counsel. (Plummer, M)
September 11, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/11/14 recommending that plaintiff's motion for judicial intervention 43, construed as a motion for injunctive relief, be denied. MOTION 43 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
November 10, 2014
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ORDER signed by Judge John A. Mendez on 11/7/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/11/14 44 are ADOPTED in full; and Plaintiff's MOTION For Judicial Intervention 43, construed as a MOTION for Injunctive Relief, is DENIED. (Mena-Sanchez, L)
November 24, 2014
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ORDER denying 53 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 11/24/14. Plaintiff's opposition to defendants summary judgment motion is due within 30 days of the date of this order. (Plummer, M)
April 20, 2015
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/17/2015 GRANTING defendants' 61 motion for an extension of time to file a reply; DENYING plaintiff's 59 motion to amend; AND RECOMMENDING that defendants' 50 summary judgment motion be granted as to defendants Mejia, Vincent, Smith and Bargarin, and as to plaintiff's negligence claim against defendant Guzman; and denied as to plaintiff's federal claims against defendants Guzman and Parra. Referred to Judge John A. Mendez; Objections due within 14 days.(Yin, K)
June 18, 2015
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ORDER ADOPTING 65 FINDINGS and RECOMMENDATIONS signed by Judge John A. Mendez on 6/17/2015. Defendants' 50 Motion for Summary Judgment is GRANTED as to defendants Mejia, Vincent, Smith and Bargarin, and as to plaintiff's negligence claim against defendant Guzman; and DENIED as to plaintiff's federal claims against defendant Guzman and Parra. The 4/20/2015 65 Findings and Recommendations are ADOPTED with respect to finding that it cannot be determined from record whether plaintiff exhausted administrative remedies with respect to his claims against defendant Parra. This action is REMANDED to Magistrate Kendall J. Newman to conduct an evidentiary hearing with respect to this issue. (Marciel, M)
June 26, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/26/15 ordering ( Evidentiary Hearing set for 9/14/2015 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) (Plummer, M)
June 26, 2015
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ORDER denying 70 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 06/26/15. (Plummer, M)
July 1, 2015
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 7/1/2015 ORDERING the custodian to produce Randy M. Cordero T-37551, to testify in USDC at 9:00 A.M. on 9/14/2015 in courtroom #25, before Magistrate Judge Kendall J. Newman; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
August 5, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/05/15 ordering that plaintiff's request for court assistance in obtaining the appearance of witnesses for the evidentiary hearing 75 is denied. (Plummer, M)
August 13, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/13/15 ordering plaintiff's requests to appear at the evidentiary hearing by videoconference or Skype 77, 78 are denied. (Plummer, M)
September 4, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/04/15 denying 82 Motion to appear at the evidentiary hearing via skype. (Plummer, M)
December 23, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/22/2015 RECOMMENDING that defendants' 50 motion for summary judgment be granted as to plaintiff's claims against defendant Parra on grounds that plaintiff failed to exhaust his administrative remedies. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
January 8, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/16 ORDERING that within 10 days of the date of this order, the RJDCF Warden shall file a status report addressing plaintiffs access to his legal property; The Clerk of the Court is directed to serve this order and a copy of plaintiffs November 5, 2015 motion for judicial intervention (ECF No. 87) and January 4, 2016 letter (ECF No. 89) on the Warden of R.J. Donovan Correctional Facility, R.J. Donovan Correctional Facility, 480 Alta Road, San Diego, California, 92179 and Supervising Deputy Attorney General Monica Anderson. (cc Monica Anderson)(Dillon, M)
January 28, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/16 ordering plaintiff's motion for judicial intervention 87 is denied. Plaintiff is granted 21 days from the date of this order to file supplemental objections. Plaintiff's motion for appointment of counsel 89 is denied. (Plummer, M)
March 30, 2016
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ORDER signed by District Judge John A. Mendez on 3/29/2016 DENYING 97 Motion for Extension of Time as unnecessary; ADOPTING IN FULL 88 Findings and Recommendations; GRANTING 50 Motion for Summary Judgment as to the plaintiff's claims against Defendant Parra on grounds that the plaintiff failed to exhaust his administrative remedies. (Michel, G.)
April 21, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/16 DENYING without prejudice 102 Motion to Appoint Counsel. (Dillon, M)
April 22, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/16 ordering ( Settlement Conference set for 8/16/2016 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Each party shall provide a confidential settlement statement to the following email address: [email protected] not later than 8/09/16. Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814 so it arrives no later than 8/09/16. (See order for further details)(cc: CKD) (Plummer, M)
April 22, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 04/22/16 ordering the Custodian to produce Randy M. Cordero on 8/16/16 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn 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: CKD and OTCD) (Plummer, M)
June 10, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/10/16 ordering that the pretrial conference set for 7/01/16 is vacated; the parties are not required to file pretrial statements. (Plummer, M)
August 19, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2016 ORDERING plaintiff to file his pretrial statement on or before 9/16/2016, defendants shall file their pretrial statement on or before 9/30/2016. The pretrial conference is set for 10/14/2016 before Magistrate Judge Kendall J. Newman, to be conducted on the file only. The jury trial set for 1/9/2017 before the Honorable John A. Mendez is CONFIRMED.(Yin, K)
October 5, 2016
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ORDER signed by District Judge John A. Mendez on 10/4/16 ORDERING Defendant's motion to continue the trial is granted. The January 9, 2017 jury trial is vacated and continued to March 27, 2017 at 9:00 a.m. in Courtroom 6. (Becknal, R)
October 19, 2016
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ORDER signed by District Judge John A. Mendez on 10/11/16 ORDERING that plaintiff Cordero's 117 Motion to Appoint Counsel is GRANTED; Kala Sherman-Presser is APPOINTED for Randy M. Cordero (cc: ADR) [Attorneys Grant and Soper are not admitted to CAED and therefore not added to case] (Benson, A) (Main Document 121 replaced on 10/19/2016) (Benson, A).
November 18, 2016
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12/13/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)ORDER signed by District Judge John A. Mendez on 11/18/2016 ORDERING 127 the Court finds that Plaintiff's ex parte application to shorten time for briefing and hearing on motions to reopen discovery and to modify the pre-trial order is GRANTED; Defendant's briefs in opposition to the motions, if any, shall be filed no later than 11/29/2016; Plaintiff's reply briefs in support of the Motions shall be filed no later than 12/6/2016; and the hearing on the motion is scheduled for
December 28, 2016
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STIPULATION and ORDER signed by District Judge John A. Mendez on 12/27/16 ORDERING that Trial will commence 7/24/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; the Pretrial Conference will take place 6/23/2017 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez with the joint pretrial statement due 7 days before the hearing; expert discovery shall be completed by 06/02/17. The remaining deadlines set out in the Court's (#133) 12/20/16 minute order shall remain in full force and effect. (Benson, A)
March 9, 2017
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STIPULATION and ORDER signed by District Judge John A. Mendez on 03/09/17 the expert witness the disclosure deadlines are CONTINUED as follows: Designation of Expert Witnesses due by 4/11/2017 with any supplemental/rebuttal disclosures due 05/05/17. The 06/02/17 deadline for completion of expert discovery shall remain in full force and effect. (Benson, A)
March 31, 2017
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STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/17. (Kaminski, H)
April 5, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/05/17 granting in part and denying in part 142, 143 Motions to Compel. Defendant shall produce the documents discussed above within 30 days of the 3/30/17 hearing. (Plummer, M)
June 12, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/12/17 ORDERING upon consideration of the Notice of Request and Request to Seal, the Court finds that Plaintiffs Request is GRANTED. The Clerk of the Court shall file under seal the redacted portions of Plaintiffs Motion for Sanctions and the Declaration of Meryn C. N. Grant in support thereof (See order for further details) (Plummer, M)
June 16, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/16/17 recommending that plaintiff's motion for sanctions 156 be granted in part and denied in part: plaintiff's motion for an adverse inference instruction should be denied; and, as discussed above, defendant should be precluded from offering non-expert and expert evidence in his case-in-chief regarding whether the front bead sight was bent and whether is caused the shot to go errant. Motion for Sanctions 156 referred to Judge John A. Mendez. Objections due within 7 days. (Plummer, M)
June 28, 2017
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/28/2017 ORDERING the custodian to produce Randy M. Cordero T-37551, to testify in USDC at 9:00 a.m. on 7/27/2017 in courtroom 6, before Judge John A. Mendez; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and CMF Warden. (cc: OTCD-SAC) (Yin, K)
June 28, 2017
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/28/2017 ORDERING the custodian to produce Guillermo Mercado G-47648, to testify in USDC at 9:00 a.m. on 7/27/2017 in courtroom 6, before Judge John A. Mendez; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and MCSP Warden. (cc: OTCD-SAC)(Yin, K)
July 6, 2017
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ORDER adopting 170 FINDINGS AND RECOMMENDATIONS signed by District Judge John A. Mendez on 7/5/17: 156 Motion for Sanctions is GRANTED IN PART AND DENIED IN PART WITHOUT PREJUDICE. (Kaminski, H)