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16-1297 - Aguirre et al v. State of California et al


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16-1297 - Aguirre et al v. State of California et al
July 21, 2016
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/20/16 GRANTING a 45-day extension for Defendant Maydole to respond to complaint. (Washington, S)
August 1, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 7/29/16: The time within which the parties must confer under Federal Rule of Civil Procedure 26(f) is continued from August 29, 2016 to September 9, 2016. (Kaminski, H)
August 11, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 8/11/2016 ORDERING that the time for Defendants to respond to Plaintiff's Complaint is EXTENDED to 9/2/2016. (Zignago, K.)
September 22, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 09/21/16 ORDERING that the time for the parties to confer under FRCP 26(f) is EXTENDED to 10/31/16; the parties shall file the discovery plan and objections to the Initial Pretrial Scheduling Order within 14 days of the Rule 26(f) conference. If Plaintiffs file an amended complaint by 09/26/16, the 11/17/16 hearing on Defendants' motion to dismiss shall be taken off calendar. (Benson, A)
November 14, 2016
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JOINT STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 11/14/2016 ORDERING that the Hearing on Defendants' 16 Motion to Dismiss is CONTINUED to 12/1/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. Additionally, all deadlines under FRCP 16 and 26 and the Initial Pretrial Scheduling Order are STAYED pending issuance of a final order on Defendants' motion to dismiss the Amended Complaint. If the case survives the motion to dismiss, new deadlines shall be set no sooner than 21 days following service of the Courts final order on Defendants' motion to dismiss. (Jackson, T)
September 29, 2017
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ORDER granting in part and denying in part Defendants' Motion to Dismiss 16. Based on all the foregoing, Defendants' Motion to Dismiss (ECF No. 16) Plaintiff's FAC is GRANTED in part and DENIED in part as follows:1. Plaintiff's claims against Defendant State of California and the CDCR under42 U.S.C. ยง 1983, as set forth in the Second, Fourth and Fifth Causes of Action, are DISMISSED, without leave to amend. 2. Plaintiff's claims against Defendant Maydole, as alleged in the First, Second and Third Causes of Action, are DISMISSED, without leave to amend, to the extent they are alleged against Maydole in his official capacity. 3. Defendant Maydole's request for dismissal on grounds of qualified immunity is DENIED. 4. Plaintiff's claims against Defendant Maydole in his individual capacity are permitted except to the extent they are predicated on the Fourth Amendment. 5. Plaintiff's causes of action based on state law, as set forth in the Eighth, Ninth and Tenth Causes of Action, are DISMISSED with leave to amend for failure to allege satisfaction of claim presentation requirements. 6. Should Plaintiff wish to file a Second Amended Complaint in accordance with the directives of this Memorandum and Order, she must do so not later than twenty (20) days after the date this Memorandum and Order is electronically filed. If Plaintiff fails to timely file an amended complaint, the causes of action dismissed by way of this Order will be deemed dismissed with prejudice upon no further notice to the parties. (Deutsch, S)
October 24, 2017
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 10/23/17, ORDERING that the deadline for defendants to file a responsive pleading to the second amended complaint is CONTINUED by 30 days. (Kastilahn, A)
January 23, 2018
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/22/2018 APPROVING 31 Stipulation and DISMISSING State of California, California Correctional Center, and California Department of Corrections and Rehabilitation with prejudice, under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Plaintiff and the dismissed Defendants shall bear their own litigation costs and attorneys' fees. (York, M)