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16-2750 - (PC) Owens v. Matthews et al


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16-2750 - (PC) Owens v. Matthews et al
December 8, 2016
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 12/8/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of Theon Owens 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 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) (Dillon, M)
December 8, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/8/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this action; and it is RECOMMENDED that defendant Dental Department be dismissed. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
March 2, 2017
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ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 3/2/2017. 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)
April 18, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/17 ordering plaintiff's motion for clarification 27 is deemed resolved. (Plummer, M)
April 20, 2017
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ORDER signed by District Judge John A. Mendez on 4/19/2017; ADOPTING in FULL 6 Findings and Recommendations; The defendant Dental is DISMISSED. (Washington, S)
June 6, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/6/2017 ORDERING the Custodian to produce Theon Owens at 9:00 a.m. on June 13, 2017 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: OTCD) (Henshaw, R)
August 15, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/15/2017 GRANTING 39 Motion for Extension of Time. Plaintiff is granted 30 days from the date of this order in which to file an opposition. Defendants' reply, if any, to be filed within 7 days thereafter. (Henshaw, R)
October 3, 2017
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ed in this Order and Findings and Recommendations, and defendants Rashev, Guffee, Matthews, Mercado, Okoroike, Martinick, Schultz, and Eldridge be ordered to file an answer within 30 days of the adoption of findings and recommendations. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/3/2017 DENYING 43 Motion for Entry of Default; GRANTING Request for Extension of Time by defendants Blessing, Drake, Murillo, Martinez, Bettencourt, Lebeck, Brady, Burke, and DeFazio who shall all file an answer to the complaint on or before 30 days after the court issues a final ruling on the Motion to Dismiss; and RECOMMENDING 37 Motion to Dismiss be partially granted and partially denied, as detail
December 14, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/17 ORDERING The Clerk of the Court is directed to re-serve plaintiff with the findings and recommendations 49. Plaintiff is granted thirty days from the date of this order to file new objections or inform the court that he intends to stand on either the original or amended objections, previously filed.(Plummer, M)
January 18, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/18/2018 DENYING 60 Motion to Strike. Defendants granted 14 days from the date of this order to file a reply to Plaintiff's amended objections. (Henshaw, R)
March 19, 2018
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ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 03/19/18 ORDERING that Defendants' 37 Motion to Dismiss is GRANTED in part and DENIED in part as follows: GRANTED as to following claims: a) claim alleging defendants Byers and Rashev denied plaintiff food; b) conspiracy claim against defendant Staggs-Boatright; c) claim that defendant Okoroike denied plaintiff medical care in violation of the Eighth Amendment; d) claim alleging verbal harassment by defendant Mercado;e) due process claim against defendant Couch; f) claim that defendant Eldridge violated due process by upholding alleged misconduct by defendant Couch; and DENIED as to the following claims: a) claim alleging defendant Rashev used excessive force; b) failure to intervene claims against defendants Guffee and Matthews; c) claim alleging defendant Mercado denied plaintiff an ice pack; d) conspiracy claim against defendant Okoroike; e) conspiracy claim against defendant Martineck; f) claims alleging due process violations by defendants Schultz and Eldridge based on alleged denial of request to call witnesses and present documentary evidence, and insufficient evidence to support disciplinary conviction. Defendants Rashev, Guffee, Matthews, Mercado, Okoroike, Martinick, Schultz and Eldridge to file an answer within 30 days. (Benson, A.)
March 22, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/22/18 GRANTING 66 Motion to Strike the declaration of inmate Sanchez. The declaration filed by inmate Sanchez 59 is stricken. Plaintiff's motion to strike 69 and defendants' motion to strike 74 are DENIED. (Plummer, M)
June 8, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/2018 GRANTING defendants' 82 motion to strike plaintiff's reply to the answer. (Yin, K)
July 27, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/27/18 GRANTING IN PART 83 Motion to Compel. Defendants motion to compel is granted with respect to the request that plaintiff be ordered to appear for and answer questions at a deposition; within twenty days of the date of this order, defendants shall serve plaintiff with a notice of deposition and request for production of documents. Defendants motion to compel is granted with respect to request for production of documents nos. 1 and 4, and denied with respect to requests nos. 2 and 3. Defendants' request for sanctions is DENIED. Plaintiffs motion for third party production of documents 88 and motions to compel 93 and 95) are VACATED pending reinstatement following plaintiffs deposition. The August 10, 2018 discovery deadline and November 2, 2018 dispositive motion deadline are VACATED. Plaintiffs motion to file a sur-reply 94 is denied. (Plummer, M)