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15-1645 - (PC) Hammler v. Wright


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15-1645 - (PC) Hammler v. Wright
August 6, 2015
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Allen Hammler signed by Magistrate Judge Edmund F. Brennan on 08/06/15. 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)
January 11, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/11/16 DENYING 21 Motion to Appoint Counsel. (Dillon, M)
February 22, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/22/2016 GRANTING defendants' 27 motion to modify the scheduling order. The deadlines to conduct discovery and to file dispositive motions will be set by the Court after the pending motion for summary judgment and motion to amend the complaint have been ruled on. (Yin, K)
August 3, 2016
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/3/16 ORDERING that Plaintiff's motion to amend complaint (ECF No. 15) is GRANTED. This action will proceed based on plaintiffs first amended complaint (ECF No. 14) and the Eighth Amendment excessive force claim against Defendant J. Wright contained therein. Defendant's motion to strike (ECF No. 31) is GRANTED and plaintiff's surreply (ECF No. 30) is stricken from the record. Defendant's motion for protective order (ECF No. 18) is DENIED as moot. Plaintiff's motions for telephone interviews (ECF No. 32 & ECF No. 34) are DENIED without prejudice. The Clerk of the Court shall randomly assign a United States District Judge to this action. It is RECOMMENDED that defendant's motion for summary judgment (ECF No. 17) be denied. Randomly assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
September 21, 2016
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ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 09/21/16 ORDERING that defendant's 17 Motion for Summary Judgmentis DENIED. (Benson, A)
September 22, 2016
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ORDER REQUESTING CONFIDENTIAL SETTLEMENT STATEMENTS FOR PRISONER SETTLEMENT PROGRAM signed by Magistrate Judge Edmund F. Brennan on 9/21/16. The parties to this action shall each, no later than 30 days from the date of theorder, submit confidential statements as described. (cc ADRP)(Dillon, M)
September 30, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/29/16 DENYING 42 Motion to Appoint Counsel. (Dillon, M)
October 27, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/2016 ORDERING, within 30 days, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendants shall file a pretrial statement no later than 30 days after the filing of plaintiff's statement. Pretrial conference (as described by Local Rule 282) will be conducted on the file only, without appearance of either party. The date for jury trial before a district judge will be set in the pretrial order. (Yin, K)
November 3, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/3/16 ORDERING that defendants' motion for reconsideration (ECF No. 47) is GRANTED. The court's October 27, 2016 order directing the filing of pretrial statements (ECF No. 46) is VACATED. The discovery and scheduling order (ECF No. 13) is amended as follows: a. The parties may conduct discovery until March 3, 2017. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 shall be served not later than January 6, 2017. b. If plaintiff seeks leave to amend the complaint, he must file any motion to amend no later than March 3, 2017.1 c. Dispositive motions shall be filed on or before May 5, 2017. Motions shall be briefed in accordance with paragraph 8 of the order filed August 25, 2015. d. The court will schedule pretrial proceedings, if necessary, upon the resolution of any pretrial motions filed. Requests to modify this schedule will be looked upon with disfavor and must be supported by good cause pursuant to Fed. R. Civ. P. 16(b).(Dillon, M)
March 2, 2017
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onstrued as a motion for a preliminary injunction 51,be DENIED. MOTION 51 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M) Modified on 3/2/2017 (Plummer, M). Modified on 3/3/2017 (Plummer, M).ffs motion to compel 52 is DENIED. Plaintiffs motions for telephonic interviews 62, 63 are DENIED without prejudice. Also, RECOMMENDING that plaintiffs motion for an order preventing officials from obstructing his access to the law library, cORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/02/17 ORDERING Plaintiffs motion to amend the complaint 55 is GRANTED. The allegations in the second amended complaint 56 are sufficient to state a potentially cognizable Eighth Amendment excessive force claim against Defendant J. Wright; the due process claim is dismissed without prejudice. Plaintiffs motion for oral argument on his motion to compel and other discovery issues 60 is DENIED. Plainti
April 6, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/2017 ORDERING, within 21 days, plaintiff shall file either an opposition to the motion to compel or a statement of no opposition.(Yin, K)
May 22, 2017
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ORDER ADOPTING 65 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 05/19/17 ORDERING that plaintiff's 51 Motion for an order preventing officials from obstructing his access to the law library, construed as a motion for a preliminary injunction is DENIED. (Benson, A)
November 28, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/28/2017 DENYING Wright's 66 motion to compel; DENYING without prejudice plaintiff's 67 motion to exclude ; DENYING without prejudice plaintiff's 71 second motion to exclude; DENYING in part, plaintiff's 70 motion for interviews, with the result that defense counsel must contact inmate Williams as specified in this order; GRANTING in part plaintiff's 73 motion for subpoenas and Wright must disclose to plaintiff the names and CDCR numbers of the four inmates in question, within 14 days of the entry of this order. IT IS RECOMMENDED that Wright's 74 motion for summary judgment be denied. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
January 17, 2018
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ORDER ADOPTING 83 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 01/17/18 and DENYING Wright's 74 Motion for Summary Judgment. (Benson, A.)
January 18, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/18/18 ORDERING the parties to this action shall each, no later than 30 days from the date of the order, submit confidential statements as described below. The confidential statements shall not be served on the opposing party or filed with the court, but instead delivered by mail, fax, email or personal deliver to the court's ADR division at the address, fax number or email address below and marked "Confidential." (cc: ADR, Director)(Plummer, M)
February 21, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/21/2018 ORDERING Plaintiff to file and serve a pretrial statement and any affidavits necessary to obtain the attendance of witnesses at trial within 30 days of the date of this order. Defendant to file a pretrial statement not later than 30 days after the filing of Plaintiff's statement. Pretrial conference will be conducted on the file only. (Henshaw, R)