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16-497 - (PC) Giraldes v. Nicolai, et al.


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16-497 - (PC) Giraldes v. Nicolai, et al.
January 9, 2017
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ORDER signed by Magistrate Judge Allison Claire on 1/09/17 granting 4 Motion to Proceed IFP. Plaintiff is obligated to 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. Plaintiff's Eighth Amendment claim is dismissed with leave to amend. Plaintiff has the option to proceed immediately on his First Amendment retaliation claims against defendants Nicolai, Bobbala, Moghaddam, Bi, Sahota, Goeman, Tuers, and Bodenhamer, or to amend the complaint. Within 21 days of service of this order, plaintiff shall complete and return the attached form notifying the court whether he wants to proceed on the screened 7th amended complaint or whether he wants to file an 8th amended complaint. Plaintiff's motion for injunctive relief 6 is denied. Plaintiff's motion for appointment of counsel 5 is denied. (Plummer, M) Modified on 1/9/2017 (Plummer, M).
January 9, 2017
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Larry Giraldes, Jr. signed by Magistrate Judge Allison Claire on 1/09/17. 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)
March 3, 2017
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ORDER signed by Magistrate Judge Allison Claire on 03/02/17 ordering the clerk of the court is directed to send plaintiff 1 USM-285 form, instruction sheet and a copy of the seventh amended complaint to be completed and returned with the Notice of Submission of Documents within 60 days. (Plummer, M)
March 24, 2017
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ORDER signed by Magistrate Judge Allison Claire on 3/24/17 ordering the clerk of the court shall send plaintiff 1 USM-285 form. Within 30 days, plaintiff shall submit to the court the completed USM-285 form with additional information required to effect service. (Plummer, M)
May 16, 2017
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[F&R VACATED PURSUANT TO 33 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/15/17 ORDERING that the Clerk of Court shall assign a District Judge to this case. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. Also, RECOMMENDING that defendant Bi be dismissed pursuant to FRCP 4(m). Referred to Judge Kimberly J. Mueller. Objections due within 21 days.(Plummer, M) Modified on 6/20/2017 (Yin, K).
July 19, 2017
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ORDER signed by Magistrate Judge Allison Claire on 07/19/17 granting 36 request for a settlment conference. The discovery in this matter is stayed until the settlement conference has occurred. The settlement date shall be set by separate order. Should a settlement not be reached, responses to Plaintiffs Interrogatories to Bodenhamer (Set One), Requests for Production of Documents to all Defendants (Sets One through Five), Requests for Admissions to Bobbala (Sets One through Three), Requests for Admissions to Moghaddam (Sets One and Two), Requests for Admissions to Sahota (Sets One and Two) and Requests for Admissions to Nicholai(Set One) will be due forty-five days after the settlement conference is concluded. (Plummer, M) Modified on 7/19/2017 (Plummer, M).
July 19, 2017
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t statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: [email protected] If a party desires to share additional confidential information with the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (cc: KJN) (Plummer, M) Modified on 7/19/2017 (Plummer, M).ORDER signed by Magistrate Judge Allison Claire on 7/18/17 ordering Settlement Conference set for 11/29/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties are directed to exchange non-confidential settlemen
July 19, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 07/18/17 ordering the Custodian to produce Larry Giraldes Jr. on 11/29/17 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 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: KJN and OTCD) (Plummer, M)
July 26, 2017
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ORDER signed by Magistrate Judge Allison Claire on 7/25/17 denying 42 Motion for Reconsideration. Defendants' counsel shall file a response to plaintiff's emergency motion for preliminary injunction 41 on or before 8/02/17. (Plummer, M) Modified on 7/26/2017 (Plummer, M).
July 28, 2017
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ORDER denying 44 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 07/28/17. (Plummer, M)
August 16, 2017
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ORDER signed by Magistrate Judge Allison Claire on 8/15/2017 DENYING without prejudice 50 Motion for Court Order as to Medical Files. (Henshaw, R)
August 18, 2017
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ORDER signed by Magistrate Judge Allison Claire on 08/18/17 denying 52 motion for court order as to appointed expert. (Plummer, M)
August 29, 2017
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ORDER signed by Magistrate Judge Allison Claire on 8/28/17, ORDERING that Defendant Dr. Bi's 55 request for a sixty-day extension of time is GRANTED. Defendant Dr. Bi shall file a response to Plaintiff's Seventh Amended Complaint on or before 10/16/2017. (Kastilahn, A)
September 6, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/6/2017 RECOMMENDING 41 Motion for Emergency Preliminary Injunction be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
January 17, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 1/16/18, ORDERING that except as modified by this order, the findings and recommendations 59 are ADOPTED in full; and Plaintiff's 41 motion for emergency preliminary is DENIED. (Kastilahn, A)
January 25, 2018
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ORDER signed by Magistrate Judge Allison Claire on 1/25/2018 GRANTING in part and DENYING in part defendants' 80 motion to stay discovery and for a protective order as follows: (a) Defendants' production of discovery that was due on 1/16/2018 pursuant to the court's 7/19/2017 order is STAYED nunc pro tunc, until further order of the court; (b) All other discovery pursuant to the court's original 31 scheduling order is STAYED until further order of the court following resolution of the pending dispositivemotions; (c) Defendants' request for a protective order is DENIED without prejudice. Defendants may renew the motion if necessary within 7 days of the district judges final ruling on the 64 motion to dismiss and 66 motion for summary judgment. (Yin, K)