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13-2163 - (PC) Blaine v. California Health Care Facility, et al


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13-2163 - (PC) Blaine v. California Health Care Facility, et al
October 18, 2013
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ORDER TRANSFERRRING CASE to the SACRAMENTO Division of the Eastern District of California, signed by Magistrate Judge Gary S. Austin on 10/17/2013. New Case Number 2:13-cv-2163-AC (PC). The old case number is 1:13-cv-01650-GSA (PC). (Marrujo, C)
October 28, 2013
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ORDER signed by Magistrate Judge Allison Claire on 10/25/13 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 required fees in the amount of $400.00; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
December 17, 2013
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ORDER signed by Magistrate Judge Allison Claire on 12/17/13 ordering plaintiff is granted an extension of time of 30 days from the date of this order in which to provide an affidavit in support of his request to proceed in forma pauperis on the form provided by the clerk of the court or the required fees in the amount of $400. The clerk of the court is directed to send plaintiff another application to proceed in forma pauperis by a prisoner. In response to plaintiff's request at 5 should plaintiff not be provided a copy of his certified trust account by the inmate trust office within 21 days of the date of this order, Warden Ron Rackley or his designee must show cause in this court why plaintiff has not bee provided such documentation. The clerk of the court is directed to mail a copy of this order to Warden Ron Rackley, California Health Care Facility-Stockton, PO Box 32050, Stockton, CA 95213. (Plummer, M)
March 13, 2014
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ORDER signed by Magistrate Judge Allison Claire on 3/12/2014 GRANTING plaintiff's request to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; the complaint is DISMISSED with leave to amend within 28 days; the Clerk shall send plaintiff a form to file a civil rights action; and plaintiff's 8, 9 request for appointment of counsel are DENIED.(Yin, K)
March 13, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Vance Blaine signed by Magistrate Judge Allison Claire on 3/12/2014. 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)
April 28, 2014
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/25/14 ORDERING that Clerk assign a district judge to this matter; RECOMMENDING that this action be dismissed with prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Dillon, M)
May 2, 2014
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ORDER signed by Magistrate Judge Allison Claire on 05/01/14 vacating 15 FINDINGS AND RECOMMENDATIONS. (Plummer, M)
December 8, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/05/14 denying Motions to Appoint Counsel 20, 25. (Plummer, M)
January 30, 2015
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ORDER signed by Magistrate Judge Allison Claire on 1/30/15 ordering that plaintiff's motion for a refund of his overpayment to the court and related motion for appointment of counsel 27 are denied as moot. On 1/22/15, the court sent plaintiff a check for the amount of his overpayment, see 32, and thus extinguished any need for the advice of counsel on this matter. (Plummer, M)
March 4, 2015
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ORDER signed by Magistrate Judge Allison Claire on 03/04/15 ordering the clerk of the court shall send plaintiff 3 USM-285 forms, instruction sheet and a copy of the 4/24/14 first amended complaint to be completed and returned within 60 days. (Plummer, M)
April 1, 2015
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ORDER signed by Magistrate Judge Allison Claire on 03/31/15 granting 37 Motion for reimbursement filed by the U.S. Marshal. Within 14 days from the filing date of this order defendant Sabin shall pay the U.S. Marshal the sum of $140.08, unless that time defendant files a written statement with the court showing good cause for his failure to waive service. The court does not intend to extend this 14 day period. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal and defendant Sabin. (Plummer, M)
June 8, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/05/15 ordering plaintiff's requests for appointment of counsel 42, 43 are granted. Defendant's opposition thereto 45 is stricken. Plaintiff's motion for assistance in locating defendants 41 is denied without prejudice. Discovery is stayed and the deadlines set forth is the discovery and scheduling order filed 4/20/15 40 are vacated pending further order of the court. The clerk of court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court and willing to accept this limited appointment. (cc: ADR Director) (Plummer, M)
May 19, 2016
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ORDER signed by Magistrate Judge Allison Claire on 05/18/16 ordering the stay in this action implemented 06/08/15, is lifted for the currently limited purpose of achieving service of process on all defendants. Plaintiff shall now represent himself pro se in this action unless and until counsel is located to represent him through the continued efforts of the pro bono coordinator; however, plaintiff is informed that he may be required to proceed pro se throughout this litigation. The California Attorney General and her staff are requested to attempt to identify the information necessary to serve process on defendants Crossoh, Thomas and Knok. It is further requested that such information be submitted to the court for the purposes of directing the U.S. Marshal to serve process on these defendants or alternatively that the Attorney General's designee prepare and file waivers of service for all appropriate defendants. The Attorney General or her designee is requested to file and serve a status report on these matters within 45 days after the filing date of this order. The Clerk of the Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Attorney General)(Plummer, M)
September 8, 2016
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ays in which plaintiff is currently supported in his pursuit of this action, and to specifically identify all potential additional means and methods for constructively supporting plaintiff through the conclusion of this action; and b. Within 30 days after the filing date of this order, file and serve a statement reflecting the findings of such inquiry, including all appropriate declarations. The Clerk of Court is directed to serve a copy of this order on Ms. Monica Anderson,Supervising Deputy Attorney General. (cc: Michael Farrell, Attorney General) (Plummer, M) Modified on 9/8/2016 (Plummer, M).ORDER signed by Magistrate Judge Allison Claire on 09/07/16 ordering the Office of the California Attorney General is requested to: a. Contact the Litigation Coordinator and/or Law Librarian at the California Health Care Facility to determine the w
October 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/11/2016 DENYING plaintiff's 55 request for additional accommodations. (Yin, K)
October 26, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/25/16 ordering that plaintiff's "objections" filed 10/21/16, 62, construed as a further request for appointment of counsel is denied without prejudice. (Plummer, M)
November 29, 2016
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ORDER signed by Magistrate Judge Allison Claire on 11/28/2016 ORDERING, on or before 1/20/2017, plaintiff shall file and serve an opposition to each pending 65, 70 motion to dismiss. Defendants Crosson and Ditomas may, on or before 2/10/2017, each file and serve a reply to plaintiff's respective oppositions. Should defendant Sabin intend to file his own motion to dismiss, he shall do so on or before 12/16/2016; the further briefing dates noted above shall also apply to defendant Sabin's motion.(Yin, K) Modified on 11/29/2016 (Yin, K).
December 5, 2016
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ORDER signed by Magistrate Judge Allison Claire on 12/2/2016 ORDERING plaintiff's 75 request for extended time, is DENIED as moot, pursuant to the 11/29/2016 court order, plaintiff's oppositions to defendants' motions to dismiss are due on or before 1/20/2017. Plaintiff's 74 "motion for leave of ex parte communication" is GRANTED. The Office of the Attorney General is requested to (a) contact the CHCF Litigation Coordinator and CHCF Law Librarian to identify the ways in which plaintiff is, or can in the near future be, personally supported in conducting legal research in this action, and in timely preparing, filing and serving his legal documents; (b) Within 30 days, file and serve a statement that sets forth the findings of this inquiry and includes the declarations of both the CHCF Litigation Coordinator and CHCF Law Librarian. (Yin, K)
December 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 12/12/16 granting 78 Motion for copies of court documents. The clerk of court is directed to send plaintiff, together with a copy of this order, 1 copy of each of the following: A. This court's current docket; B. The First Amended Complaint 13; The court's order screening the first amended complaint 18; and D. The court's second service order, dismissing defendant Knok, and correctly identifying defendants Ditomas and Crosson 53. (Plummer, M)
December 21, 2016
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ORDER signed by Magistrate Judge Allison Claire on 12/20/16 ORDERING that plaintiff's request for extended time, ECF No. 81, is granted in part. The current deadline for plaintiff to oppose defendants' pending motions is vacated pending further order of this court.(Dillon, M)
January 23, 2017
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ORDER signed by Magistrate Judge Allison Claire on 1/23/17 ordering that attorney Matthew Ross Wilson is substituted as attorney of record for defendant C. Crosson in place of James F. Hetherington. (Plummer, M)
March 15, 2017
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ORDER signed by Magistrate Judge Allison Claire on 03/14/17 ordering plaintiffs motion to proceed on his proposed Second Amended Complaint, 85 is granted. This action shall proceed on plaintiffs Second Amended Complaint, 90 against defendants Crosson, Sabin and Ditomas, on plaintiffs Eighth Amendment claims. Plaintiffs ADA claim and defendant CHCF et al. are dismissed from the SAC and this action without prejudice. Defendant Crossons motion to dismiss, 65, defendant Ditomas motion to dismiss, 70, and defendant Sabins motion for judgment on the pleadings, 80,are each denied without prejudice. Defendants shall file and serve a response to plaintiffs Second Amended Complaint within thirty (30) days after the filing date of this order. (Plummer, M) Modified on 3/16/2017 (Plummer, M).
April 3, 2017
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ORDER signed by Magistrate Judge Allison Claire on 03/31/17 granting 94 Motion to Appoint Counsel. The clerk of court is directed to contact Sujean Park, ADR coordinator for the following purposes: To expeditiously locate an attorney admitted to practice in this court who iswilling to accept appointment to represent plaintiff for the limited purposes noted above; and after locating counsel willing to accept appointment on plaintiffs behalf, toschedule a mandatory settlement conference within the following two to three months. The clerk of court is also directed to send plaintiff together with a copy of this order, a copy of the court's order filed 3/15/17 93. (cc: ADR Director) (Plummer, M) Modified on 4/3/2017 (Plummer, M).
April 4, 2017
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ORDER signed by Magistrate Judge Allison Claire on 04/04/17 ordering Kristin N. Capritto is appointed as limited purpose counsel in the above-entitled matter. This appointment is for the limited purpose of assisting plaintiff with preparing for and participating in a settlement conference. Kristin N. Caprittos appointment will terminate fifteen days after completion of the settlement conference or any continuation of the settlement conference. The Clerk of the Court is directed to serve a copy of this order upon Kristin N. Capritto,Forester Purcell Stowell PC, 620 Coolidge Dr., Suite 325, Folsom, CA 95630.(Plummer, M) Modified on 4/4/2017 (Plummer, M).
April 4, 2017
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ORDER signed by Magistrate Judge Allison Claire on 04/04/17 ordering ( Settlement Conference set for 6/8/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The parties are directed to exchange non-confidential settlement statements seven daysprior to the settlement conference. These statements shall simultaneously be delivered to thecourt via email using the following email address: [email protected] If a partydesires to share additional confidential information with the court, he or she may do so pursuantto the provisions of Local Rule 270(d) and (e). (cc: KJN). (Plummer, M)
April 14, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/13/2017 ORDERING within 21 days, Deputy Attorney General Matthew Ross Wilson shall: (a) file a formal notice of plaintiff's death; (b) serve such notice on all parties and any known potential successor or representative of plaintiff who may seek to substitute in as the proper party in this case in a representative capacity. Notwithstanding the 90-day period permitting substitution under Fed.R.Civ.P. 25(a)(1), the settlement conference shall remain scheduled for 6/8/2017, before Magistrate Judge Kendall J. Newman, provided substitution is made prior to that date. Plaintiff's appointed counsel, Ms. Capritto, shall contact the court's Pro Bono Coordinator within the next 21 days to express whether she is willing to represent a properly substituted representative for plaintiff in this case. (cc: KJN, ADR)(Yin, K)
May 12, 2017
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ORDER signed by Magistrate Judge Allison Claire on 5/11/2017 ORDERING Plaintiff's appointed pro bono counsel, Ms. Kristin Nichole Capritto, released from her appointment at this time; VACATING without prejudice the settlement conference scheduled for 6/8/2017; and VACATING any remaining deadlines, except the 90-day deadline set forth in FRCP 25. (Henshaw, R)
August 11, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/10/17 recommending that this action be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)