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15-1894 - (PC) Shepherd v. California Forensic Medical Group et al


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15-1894 - (PC) Shepherd v. California Forensic Medical Group et al
September 15, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/15 ORDERING that plaintiff shall submit, within thirty days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)
December 21, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/15 ORDERING that 2 Motion to Proceed IFP is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff's complaint is DISMISSED with 30 days leave to amend.(Dillon, M)
December 21, 2015
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 12/18/2015 ORDERING the Director of the CDC to collect and forward payment from the trust account of Cameron Shepherd and forward payment to the court until the balance is paid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed 2 In Forma Pauperis Affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial) (Michel, G.)
June 10, 2016
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[VACATED per 23 Order] ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 90 DAYS signed by Magistrate Judge Kendall J. Newman on 6/10/2016. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy, Matt Caspar, within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson) (Yin, K) Modified on 7/8/2016 (Dillon, M).
July 11, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/16 DENYING 25 Motion to Appoint Counsel. (Dillon, M)
August 10, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/2016 DENYING without prejudice plaintiff's 27 motion for reconsideration. (Yin, K)
October 20, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/20/2016 DENYING without prejudice plaintiff's 30 motion for the appointment of counsel. (Yin, K)
August 9, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/08/17 denying 35 Motion to Appoint Counsel. Plaintiff's pretrial statement 37 is premature and is disregarded. (Plummer, M)
August 14, 2017
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s. (Plummer, M)ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/14/17 ORDERING the Clerk of the Court is directed to assign a District Judge to this case. U.S. District Judge William B. Shubb randomly assigned to this case. Also, RECOMMENDING that defendants' motion for summary judgment 36 be partially granted. Defendants be granted summary judgment on plaintiffs claim that defendants failed to provide oral or intravenous antibiotics in treating his skin infections. Defendant CFMG be granted summary judgment on plaintiffs policy claims. Defendants motion for summary judgment on plaintiffs Eighth Amendment claim that defendants Chan and Owens failed to provide daily clean boxers and shorts on days plaintiff suffered wound drainage be denied. This action be remanded for further scheduling on plaintiffs remaining claim against defendants Chan and Owens. Motion for Summary Judgment 36 referred to Judge William B. Shubb. Objections due within 14 day
September 12, 2017
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ORDER signed by Senior Judge William B. Shubb on 9/12/2017 ADOPTING 41 Findings and Recommendations in full and PARTIALLY GRANTING 36 Motion for Summary Judgment; this action is REMANDED for further scheduling on plaintiff's remaining claim against defendants Chan and Owens. (Reader, L) Modified on 9/13/2017 (Reader, L).
December 20, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/20/17 DENYING 45 Motion to reopen discovery and DENYING 46 Motion for a court appointed investigator. (Plummer, M)
December 20, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/20/17 DENYING 48 Motion to Appoint Counsel. Within 14 days from the date of this order, plaintiff shall file a signed request for a medical expert witness for trial. (Plummer, M)
February 21, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/21/2018 DENYING 49 Request for a Neutral Medical Expert Witness for Trial. (Henshaw, R)
March 9, 2018
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/9/2018 ORDERING the custodian to produce Cameron Shepherd V-77471, to testify in USDC at 9:00 a.m. on 4/24/2018 in courtroom #5, before Judge William B. Shubb; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
March 19, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/19/2018 GRANTING 59 Motion to Appoint Counsel and GRANTING 63 Request to be Admitted Pro Hac Vice by M. Katie Gates Calderon. M. Katie Gates Calderon, Amir Nassihi, and Mayela C. Montenegro, of Shook Hardy & Bacon LLP, are appointed as counsel to serve pro bono in the above entitled matter. Fee for Attorney Katie Gates Calderon, Pro Hac Vice, is WAIVED. (Henshaw, R)
April 5, 2018
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ORDER signed by Senior Judge William B. Shubb on 4/5/18 GRANTING 65 EX PARTE APPLICATION: Jury Trial continued to 6/26/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Discovery is re-opened for Plaintiff to propound one round of written discovery to each of the two Defendants and conduct depositions. Discovery cut-off shall be June 18, 2018. The writ of Habeas Corpus Ad Testificandum shall be amended to reflect the new trial date of June 26, 2018, at 9:00 a.m. (Kaminski, H) Modified on 4/5/2018 (Kaminski, H).
April 6, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/06/18 ORDERING first, counsel has been appointed, and discovery re-opened for limited purposes. 67 Once plaintiffs counsel has reviewed defendants written discovery responses, plaintiffs counsel shall confer with opposing counsel and advise the court whether a settlement conference should be scheduled before the undersigned. Because the discovery has not yet been propounded, the court cannot set a deadline for such notice, but if both counsel agree a settlement conference would be appropriate, the court asks counsel to notify his courtroom deputy, Alexandra Waldrop, (916) 930-4187, as soon as possible, for scheduling purposes. Second, in plaintiffs counsels recent ex parte application, counsel reiterated the myriad difficulties counsel has had attempting to communicate with plaintiff. 65 Despite writing to plaintiff and offering him various dates and times he could call his counsel collect, plaintiffs counsel did not receive plaintiffs phone call. Plaintiff is reminded that he asked the court to appoint counsel, and counsel was appointed; therefore, it is incumbent upon plaintiff to communicate with his counsel. If plaintiff is only able to call counsel at certain times or on certain days, he should communicate such scheduling issues to counsel as soon as possible.(Plummer, M)
May 30, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 05/30/18 ORDERING the Custodian to produce Cameron Shepherd on 6/15/18 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide the new Custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies sent to the Warden, CSP-Solano. A courtesy copy sent by fax to the lit. coordinator at CSP-Solano at 707-454-3429)(Plummer, M) Modified on 5/30/2018 (Plummer, M).
June 14, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/14/18 DENYING 77 plaintiff's request. (Plummer, M)