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14-1118 - Padilla v. Beard et al


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14-1118 - Padilla v. Beard et al
June 3, 2014
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ORDER signed by Judge Lawrence K. Karlton on 6/2/2014 DECLINING to relate and reassign this case to 2:90-cv-00520 LKK DAD (PC); CONFIRMING the Initial Scheduling Conference set for 8/4/2014. (Michel, G)
November 12, 2014
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ORDER signed by Judge Kimberly J. Mueller on 11/12/2014. Defendants' 15Motion to Dismiss is GRANTED without leave to amend as to: a) plaintiffs claims against Beard, Stainer and Davey in their official capacities under Section 1983; and plaintiffs claims of violations of procedural due process. Defendants 15 Motion to Dismiss is GRANTED with leave to amend as to plaintiff's claims against defendant Silva; and plaintiff's claims of negligence/medical malpractice against Dr. Wagner. Defendant's Motion is DENIED in all other respects. Plaintiff has 21 days from date of Order to file an Amended Complaint. (Marciel, M)
June 2, 2015
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/2/15 re: 44 Stipulation and Proposed Order. (Meuleman, A)
September 16, 2015
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STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/15/2015 GRANTING the stipulated request for a 7-day continuance of the motion hearing on 51 Motion for Protective Order; CONTINUING the motion hearing on 51 Motion for Protective Order to 10/7/2015 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Michel, G.)
October 19, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/19/15 ORDERING that the MOTION for PROTECTIVE ORDER 51 is DENIED. Defendant Beard shall submit to a deposition no later than 10/20/15, absent stipulation of the parties to a later date. The court declines to limit the scope or duration of the deposition but reminds the parties that the court is available by telephone to resolve disputes arising during the deposition.(Mena-Sanchez, L)
November 5, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/4/15: The hearing date of November 25, 2015 on plaintiff's motion to compel is vacated. The parties shall submit no later than November 10, 2015, a joint letter brief, limited to five pages, regarding the issues raised in the motion to compel. The matter shall thereafter stand submitted. (Kaminski, H)
November 12, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/12/2015 GRANTING-IN-PART 64 Motion to Compel. Defendant Beard shall submit to deposition no later than 12/1/2015. In the circumstances presented here, the court finds an award of expenses incurred in connection with the motion to compel is not warranted. (Donati, J)
December 10, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/10/15 ORDERING that Plaintiff's 73 motion to terminate or limit plaintiff's deposition and defendant's 74 countermotion to compel plaintiff's further deposition are granted in part and denied in part. The motion to compel production of documents 74 is denied. The court finds an award of expenses is not warranted considering all of the circumstances reflected in the record before it on these motions. (Kastilahn, A)
December 30, 2015
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ounty. The parties shall arrange for the availability of videoconferencing, should Court supervision be required. (Dillon, M)ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/30/15 GRANTING 87 Application to modify this Courts December 10, 2015 Order is granted. The Order is hereby modified to permit Plaintiff to appear for his further deposition in Ventura C
January 13, 2016
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ORDER granting 89 Motion for Discovery signed by Magistrate Judge Carolyn K. Delaney on 1/13/16. (Kaminski, H)
January 14, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/16 ORDERING that Plaintiff's MOTION for SANCTIONS 93 is DENIED, and the hearing set for 1/20/16, is VACATED. (Mena-Sanchez, L)
March 30, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2016 DENYING plaintiff's 107 Motion to Excuse Personal Appearance at Settlement Conference. Plaintiff may still request brief continuance of 4/1/2016 Settlement Conference provided request includes medical documentation evidencing whether plaintiff will likely be able to stabilize his mental condition such that he could engage in in-person settlement negotiations at a later time. And if so, how long plaintiff will likely need to reach a sufficiently stabilized mental state. (Marciel, M)
March 31, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2016 GRANTING 109 Plaintiff's ex parte application to continue the 4/1/2016 settlement conference is GRANTED; the 4/1/2016 settlement conference is VACATED; Counsel for the parties shall meet and confer to determine several mutually agreed upon dates in early May 2016 as proposed dates on which to hold the continued settlement conference; by no later than 4/8/2016, counsel for the parties shall contact the undersigned's courtroom deputy with their agreed upon proposed dates and a final date for the continued settlement conference will be set via minute order at that time; the parties may file a request for plaintiff's appearance at the settlement conference via video conference.(Reader, L)
April 6, 2016
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/6/16 ORDERING that the parties' Request to modify the scheduling order is GRANTED; The Expert Discovery Cut-off is RE-SET for 6/13/16 and the deadline for hearing Dispositive Motions is RE-SET for 8/12/2016. (Mena-Sanchez, L)
April 21, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/16 ORDERING that Plaintiff's ex parte application to appear at the May 2, 2016 settlement conference via videoconference (ECF No. 118) is DENIED. Plaintiff and his counsel shall appear at the May 2, 2016 settlement conference before the undersigned in person. (Becknal, R)
April 22, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2016 ORDERING [114] As of this time, both plaintiff and his counsel are directed to appear at the 5/2/2016 settlement conference in person. (Reader, L)
April 27, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/16: Plaintiff may appear at the May 2, 2016 settlement conference via videoconference. Counsel for plaintiff shall make appropriate arrangements to ensure that plaintiff is available via videoconference at the settlement conference's 9:00 a.m. start time for the duration of the settlement conference on May 2, 2016. Plaintiff's counsel shall appear at the settlement conference in person. (Kaminski, H)
July 21, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 7/20/2016 CONTINUING the hearing on 128, 129 Motions for Summary Judgment to 9/2/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; EXTENDING the deadline to hear dispositive motions to 9/2/2016; GRANTING 130 Motion for 2-Day Extension of Time; DEEMING the 132 Proposed Memorandum filed; PERMITTING either party to file an amended memorandum in support of summary judgment by 8/5/2016. (Michel, G.)
July 21, 2016
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 7/21/2016 DISMISSING Defendants C. Solis, J. Sao, E. Silva with prejudice pursuant to F.R.Cv.P. Rule 41(a)(1)(A)(ii). (Michel, G.)
July 21, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 7/21/2016 GRANTING 127 Request to File or Lodge a Compact Disk containing the recording of the plaintiff's 7/12/2012 intervention and extraction as evidence in connection with the parties' motion for summary judgment. (Michel, G.)
January 27, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 1/27/2017 GRANTING IN PART, DENYING IN PART 128 Motion for Summary Judgment; DENYING 129 Motion for Summary Judgment. (Michel, G.)
January 27, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 1/27/2017 GRANTING 153 Ex Parte Application for Appointment of Guardian Ad Litem; APPOINTING Cynthia Gonzalez as Guardian Ad Litem for Plaintiff Jermaine Padilla. (Michel, G.)
April 13, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/12/2017 CONDITIONALLY GRANTING IN PART 161 Motion to Substitute Witness construed as a motion for late disclosure of guardian ad litem Cynthia Gonzalez as a percipient witness. (Michel, G.)
April 14, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/14/2017 GRANTING 104 Motion to file an Amicus Brief. The proposed amicus brief as ECF No. 104-1 is DEEMED FILED. Plaintiff's 103 Motion for Reconsideration is DENIED. (Donati, J)
April 19, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/19/17 GRANTING Request to seal records filed in support of Plaintiff's application for appointment of guardian ad litem.(Mena-Sanchez, L)
July 18, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 7/17/2017 ORDERING The Motion for Approval of Settlement shall be filed no later than 7/25/2017.(Reader, L)
September 28, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 9/27/17 ORDERING that the Notice of Request to Seal Document 291 is DENIED without prejudice. The Clerk of the Court is directed to destroy the documents submitted in support of the request. Upon any resubmission, Plaintiff shall brief the standard applicable to his request and the proper characterization of his submission in support of a motion to approve a good faith settlement. If redaction is sufficient to address Plaintiff's legitimate concerns, he shall propose a redacted filing.(Mena-Sanchez, L)
December 6, 2017
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ccount," with payment made in accordance with the parties' settlement agreement attached hereto and incorporated herein as Exhibit A. (cc Financial) (Attachments: # (1) Attachment A) (Becknal, R)ORDER signed by District Judge Kimberly J. Mueller on 12/5/2017 ORDERING the court finds the proposed settlement and special needs trust serve the best interests of the plaintiff. It therefore GRANTS the motion to approve settlement and establish a special needs trust. To effect this order, defendants are directed to immediately deposit funds, in the amount of plaintiff's share of the settlement proceeds, $496,031.81, in the court's deposit fund. Plaintiff's counsel is directed to promptly file with the court a notice confirming the identity of the trustee for the special needs trust and the trustee's address for the purposes of disbursement of plaintiff's share of the proceeds. Upon review and receipt of the notice, the court will provide further direction to the Clerk's Office. The court APPROVES and directs defendants to make payment of $453,968.19 to plaintiff's counsel as "Hadsell Stormer & Renick LLP General A
December 21, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 12/20/2017 ORDERING that this action is DISMISSED with prejudice, pursuant to FRCP 41(a)(1)(A)(ii); each party to bear its own costs, attorney's fees and expenses. (Reader, L)
April 12, 2018
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ORDER RE: PLAINTIFF JERMAINE PADILLA SPECIAL NEEDS TRUST signed by District Judge Kimberly J. Mueller on 4/11/18. (Mena-Sanchez, L)