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14-726 - (PC) Giraldes v. Oania, et al.


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14-726 - (PC) Giraldes v. Oania, et al.
April 8, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/8/14 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the IFP application. Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)
August 6, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/05/14 granting 5 Motion to Proceed IFP. Plaintiff shall pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. The complaint is dismissed with leave to amend within 30 days. (Plummer, M)
August 6, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Larry Giraldes signed by Magistrate Judge Edmund F. Brennan on 08/05/14. 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)
June 11, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/10/2015 DENYING plaintiff's 18 request to appoint counsel. (Yin, K)
October 20, 2015
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/19/2015 ORDERING the Clerk to randomly assign a US District Judge to this action. IT IS RECOMMENDED that plaintiff's 20 motion for injunctive relief be denied. Assigned and referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
October 28, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/27/2015 DENYING plaintiff's 35 request for appointment of counsel. (Yin, K)
December 10, 2015
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ORDER signed by Judge John A. Mendez on 12/10/15 ORDERING that, upon reconsideration, the Order of the Magistrate Judge filed 10/28/15, is AFFIRMED. The Clerk shall terminate docket entry 43. (Mena-Sanchez, L)
March 4, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 03/03/16 ordering the dispositive motion deadline is vacated and will be reset 60 days after the court rules on defendants' pending motion to compel. (Plummer, M)
March 18, 2016
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ORDER adopting 34 FINDINGS AND RECOMMENDATIONS and denying 20 Motion for TRO signed by District Judge John A. Mendez on 3/17/16. (Kaminski, H)
June 23, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/23/2016 RECOMMENDING plaintiff's 59 motion for preliminary injunction and 58 motion to stay be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
June 23, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/23/2016 ORDERING plaintiff's 48 motion to amend is GRANTED. Defendants shall respond to the 49 fourth amended complaint within 14 days. Plaintiff's 30 motion to compel is GRANTED in part. Plaintiff's 39 motion to compel is DENIED as moot. Defendants' 44 motion to compel is GRANTED in part. Discovery is REOPENED for the limited purpose of complying with this order. The parties shall provide further discovery responses as noted herein within 21 days. Any motions to compel with regard to those responses must be filed within 21 days thereafter. Any dispositive motions shall be filed within 60 days. Plaintiff's 31 motion to modify the scheduling order is DENIED as moot. Defendants' 33 request for a protective order is GRANTED. Defendants not need to respond to any untimely discovery requests. (Yin, K)
July 18, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/18/16 GRANTING 68 Motion for Extension of time. Defendant Macomber shall have until July 25, 2016, to serve his supplemental responses to Requests for Production of Documents.(Dillon, M)
August 18, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/18/16 granting 75 Motion for modification of the scheduling order. The dispositive motion deadline is vacated and will be reset 90 days after the court rules on defendants' pending motion to compel. (Plummer, M)
August 25, 2016
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ORDER signed by District Judge John A. Mendez on 8/25/2016 ORDERING that the 65 findings and recommendations are ADOPTED in full. Plaintiff's 59 motion for a preliminary injunction and 58 motion to stay are DENIED. (Zignago, K.)
September 30, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/29/2016 ORDERING this case is set for a Settlement Conference on 2/27/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Parties shall submit cofidential settlement statements no later than 2/17/2017. (cc: CKD, ADR)(Yin, K)
September 30, 2016
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 9/29/2016 ORDERING the custodian to produce Larry Giraldes, Jr. #D-72056, to testify in USDC at 9:30 a.m. on 2/27/2017 in courtroom #24, before Magistrate Judge Carolyn K. Delaney; 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. (cc: OTCD-SAC, CKD) (Yin, K) Modified on 10/3/2016 (Plummer, M).
March 15, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/14/2017 ORDERING plaintiff's 73 "Motion to Compel Further Def. Responses to Discovery" is GRANTED to the extent that, within 30 days, defendant Hampton shall serve plaintiff with supplemental responses to RFA numbers 3,5,9, and 11; the motion is DENIED in all other respects. Defendants' 74 motion to compel is GRANTED, to the extent that, within 30 days, plaintiff shall provide further responses to: (1) interrogatory numbers 1, 2, and 6; (2) request for admission numbers 1, 2, 3, 4, 5, 6, 7, 10, and 24; and (3) request for production numbers 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, 20, 21, and 22, in accordance with the court's 6/23/2016 order 66. Plaintiff must also provide a verification concerning all of his interrogatory responses; Defendants' motion is DENIED in all other respects. Plaintiff's 76 "Motion for In Camera Review of Evidence Regarding Disclosure/Relevance" and 89 "Motion for Ruling on the Request for In Camera Review of Withheld Discovery" are DENIED without prejudice but GRANTED to the extent they seek a further discovery response from Macomber to RFP No. 4; Within 30 days, defendant Macomber shall serve plaintiff with a supplemental response to RFP No. 4. Any motions to compel with regard to the responses ordered herein must be filed within 60 days. Any dispositive motions shall be filed within 90 days. The parties are admonished that failure to serve full and complete responses in accordance with this order may result in sanctions, including monetary sanctions, evidentiary sanctions, or dismissal of this action. (Yin, K)
May 3, 2017
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ORDER denying 91 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 05/03/17. (Plummer, M)
July 27, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/26/17 ordering defendants motion for terminating sanctions 94 is denied without prejudice. Plaintiffs motion to compel 96 is denied without prejudice. Any motions to compel with regard to the responses ordered in the courts March 15,2017 order must be filed within 60 days of the date of this order. The parties shall meet and confer prior to filing any such motion and shall make a good faith attempt to resolve these issues informally. Any dispositive motions shall be filed within 90 days from the date of this order. Plaintiffs motion to appoint counsel 105 is denied without prejudice. Defendants motion to modify the scheduling order 102 is denied as moot. (Plummer, M)
November 29, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/28/2017 GRANTING defendants 115 request to extend the deadline for filing dispositive motions. Accordingly, in the event the court declines to grant defendants' pending motion to terminate this case, it will grant defendants another 60 days in which to file dispositive motions. (Yin, K)
December 13, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/12/2017 DENYING without prejudice 117 Request for the court to schedule a settlement conference. Further, IT IS HEREBY RECOMMENDED that 113 Motion for Extension of Time and/or Stay be denied and that plaintiff be ordered to file a response to 112 Renewed Motion within 7 days of any order adopting these findings and recommendations. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (York, M)
February 21, 2018
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ORDER signed by District Judge John A. Mendez on 2/21/18: 118 FINDINGS AND RECOMMENDATIONS filed December 13, 2017, are adopted in full. Plaintiff's Motion for Extension of Time and/or Stay 113 is denied. Renewed Motion for Terminating Sanctions or Involuntary Dismissal 112 stands submitted for decision before the magistrate judge. (Kaminski, H)
May 3, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/03/18 DENYING 124 Motion for Extension of time. Also, RECOMMENDING that defendants motion for terminating sanctions 112 be GRANTED and this case be dismissed with prejudice. Motion 112 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 5/4/2018 (Plummer, M).
May 22, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/2018 DENYING 136 Request for Appointment of Counsel. (Henshaw, R)