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14-2736 - (PC) Hoffmann v. Corning Police Department


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14-2736 - (PC) Hoffmann v. Corning Police Department
December 3, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/14 ORDERING that Plaintiffs letter 1 is denied without prejudice; Plaintiff is granted 30 days from the date of service of this order to file a complaint that complies with the requirements. Plaintiff shall also submit, within 30 days from the date of this order, the application to proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $400.00. The Clerk of the Court is directed to send plaintiff the courts form for filing a civil rights action, and the application to proceed in forma pauperis by a prisoner.(Dillon, M)
January 14, 2015
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[VACATED PURSUANT TO 12 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/14/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M) Modified on 3/4/2015 (Yin, K).
March 27, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/15 ORDERING that Plaintiffs motion for leave to amend (ECF No. 14) is denied without prejudice; Within 30 days from the date of this order, plaintiff shall renew the motion to amend and submit a proposed second amended complaint; and the Clerk of the Court is directed to send plaintiff the form for filing a civil rights complaint.(Dillon, M)
October 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/15 granting 23 Motion to Dismiss. Plaintiff's second amended complaint 16 is dismissed with leave to file a third amended complaint that asserts the claims and addresses the deficiencies identified in this order. Plaintiff shall file any third amended complaint within 28 days of this order. (Plummer, M)
January 21, 2016
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 1/21/16 ORDERING that plaintiff show cause, within 21 days, why the court should not impose sanctions based on her late filing.(Dillon, M)
February 16, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/16/2016 DISCHARGING the 1/21/2016 order to show cause; plaintiff's 1/19/2016 opposition 31 is deemed timely filed; and defendants may file a reply within 14 days.(Yin, K)
August 19, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/19/16 ORDERING that Defendants' request to disregard plaintiff's surreply (ECF No. 37) is DENIED; Plaintiff's request that the court take judicial notice of her tort claims is GRANTED, and the court takes judicial notice of plaintiff's tort claims (ECF No. 31 at 8, 15-24); and Plaintiff states potentially cognizable Fourth Amendment claims against defendants Jourdan, Hill, and Bassett, for excessive force, and against defendant Fears for failure to protect; Fourth Amendment claims for unlawful detention, and false arrest/false imprisonment against defendants Jourdan, Hill, Bassett, and Fears; and state law claims for assault and battery as to defendants Jourdan, Hill, and Bassett. It is RECOMMENDED that Defendants' motion to dismiss (ECF No. 29) be granted in part and denied in part, as follows: Defendants motion to dismiss plaintiff's state law claims for assault and battery as improperly amended into the pleading be denied; B. Plaintiff's state law claims against defendants City of Corning and the County of Tehama be dismissed; C. Plaintiff's state law claims against the Corning Super 8 Motel be dismissed without prejudice; D. Plaintiff's state law claims for negligence and the intentional infliction of emotional distress against defendants Jourdan, Hill, Bassett, and Fears be dismissed; E. Defendants motion to dismiss plaintiff's Fourth Amendment claims for unlawful detention and fourth cause of action for false imprisonment be denied; Plaintiff's state law claims for assault and battery against defendant Fears be dismissed for failure to state a claim; Within 21 days from any order adopting these findings and recommendations, Defendants Jourdan, Hill, Bassett, and Fears be directed to file an answer. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
September 20, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 9/20/2016 ADOPTING IN FULL 38 Findings and Recommendations; GRANTING IN PART, DENYING IN PART 29 Motion to Dismiss; ORDERING Defendants Jourdan, Hill, Bassett and Fears to file an answer within twenty-one days. (Michel, G.)
November 16, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/16/16 ORDERING that Defendants' motion (ECF No. 41) is GRANTED; Plaintiff's motion to amend (ECF No. 45) is DISMISSED without prejudice to proper re-notice under Local Rule 230; On or before December 1, 2016, the parties shall meet and confer about the mandatory disclosures required by Fed. R. Civ. P. 26. A Status (Pretrial Scheduling) Conference is set for February 2, 2017, at 10:00 a.m., in Courtroom No. 25 before the undersigned. All parties shall appear by counsel or in person if acting without counsel. (See order for details)(Dillon, M)
February 3, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/17 ORDERING that 48 Motion to Amend is DENIED; Plaintiff shall pay to the court, no later than February 9, 2017, sanctions in the amount of $250.00; and defendants' request for expenses is DENIED.(Dillon, M)
August 29, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2017 ORDERING plaintiff's 57 motion to reopen discovery is DENIED; defendants' 60 motion to exclude plaintiff's expert testimony is DENIED without prejudice; within 60 days, plaintiff shall arrange for Dr. Lieberman to travel to Sacramento to be deposed, at plaintiff's expense, as detailed in this order. The 2/3/2017 pretrial scheduling order is MODIFIED as follows: (a) 30 days after Dr. Lieberman's deposition, defendants are granted leave to renew their motion to exclude or may disclose any rebuttal expert; (b) 60 days after Dr. Lieberman's deposition, the deadline for expert witness discovery expires; (c) All law and motion, except discovery-related matters, shall be completed within 90 days from Dr. Lieberman's deposition. In all other respects, the requirements set forth in the 2/3/2017 pretrial scheduling order remain the same. (Yin, K)
October 11, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/2017 DENYING without prejudice plaintiff's 71 motion for appointment of counsel. (Yin, K)
October 12, 2017
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/11/2017 GRANTING ECF No. 68-5 Defendants' Request for Judicial Notice; DENYING ECF No. 73 at 2 Plaintiff's Request for Judicial Notice; GRANTING IN PART AND DENYING IN PART Defendants' Evidentiary Objections, as set forth in this order; and RECOMMENDING 68 Motion for Summary Judgment be granted in part and denied in part, as set forth in this order, and this matter be remanded for further scheduling. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
November 3, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 11/2/2017 ADOPTING in FULL 77 Findings and Recommendations; GRANTING IN PART and DENYING IN PART 68 Motion for Summary Judgment as follows: Defendants are GRANTED summary judgment on plaintiff's false arrest/false imprisonment and unlawful detention claims; In all other respects, the motion of defendants Bassett, Jourdan, Hill and Fears is DENIED; and This matter is REMANDED to the assigned magistrate judge for further scheduling.(Washington, S)
November 29, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/29/2017 GRANTING plaintiff's 90 motion for continuance and the 12/14/2017 hearing on defendants' 87 motion to dismiss is CONTINUED to 1/11/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The 11/7/2017 further scheduling order 86 is VACATED; the pretrial statement and pretrial conference dates will be rescheduled following resolution of defendants' motion to dismiss. (Yin, K)
December 5, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 12/04/17 DENYING 92 Motion for Reconsideration. (Benson, A.)
December 5, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 12/04/17 ORDERING that plaintiff's 78 Objections, construed as a request for reconsideration, is DENIED. (Benson, A.)
January 12, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/12/18 DENYING 87 Motion to Dismiss this action as a sanction. Defendants' motion to exclude Dr. Lieberman as plaintiff's expert witness 87 is GRANTED. Plaintiff may not call Dr. Lieberman as a witness at trial. Defendants request for monetary sanctions 87 is PARTIALLY GRANTED; no later than 30 days from J01/11/18, plaintiff shall pay sanctions in the amount of $1,000 to Angelo, Kilday & Kilduff, LLP, 601 University Avenue, Suite 150, Sacramento, CA 95825. Plaintiffs failure to remit the sum of $1,000 within the 30 day period will result in a recommendation that this action be dismissed. Defense counsel shall file a notice of compliance when the sanctions are paid in full. Plaintiff's request for discovery responses and sanctions 89 is DENIED. Fourteen Days from the date of this order, the parties shall inform the court whether a settlement conference is requested, as set forth above. (Plummer, M)
January 31, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2018 GRANTING parties 30 days from the date of this order in which to advise whether this matter should be set for settlement conference. (Henshaw, R)
March 6, 2018
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FURTHER SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 3/6/2018: Discovery is CLOSDED; Law and Motion is CLOSED; Plaintiff's pretrial statement due on or before 5/4/2018; Defendants' pretrial statement due on or before 5/25/2018; Pretrial conference is set for 6/22/2018, before Magistrate Judge Kendall J. Newman, to be conducted on the file only; this matter is set for a Status Re: Trial Setting on 3/7/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.; and the Clerk shall send the parties the form Consent to Proceed Before a US Magistrate Judge. (Yin, K)
April 12, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/18 DENYING 116 Motion to Appoint Counsel and DENYING 117 request for telephonic appearance. The 5/10/18 hearing is vacated. (Plummer, M)