Treglia v. Director of California Department of Corrections et al
Plaintiff: Daniel Treglia
Defendant: Director of California Department of Corrections, J Walker, T Virga, C Villasenor, L. Wallace, T - Ventimiglia, D Kennedy, B. Bishop, Everrett W Fischer, Scott Kisser, Keri Berklerisa and Miledesma
Case Number: 2:2009cv00352
Filed: February 6, 2009
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Sacramento
Presiding Judge: Kimberly J. Mueller
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 28, 2013 Opinion or Order Filing 125 STIPULATION and ORDER 124 for DISMISSAL signed by Chief Judge Morrison C. England, Jr. on 1/28/2013. Plaintiff and defendants, through their attorneys, agree to DISMISS this entire action with prejudice pursuant to Federal Rule of Civil Procedure 41. Each side to bear his/their own costs and attorney fees. (Marciel, M)
November 6, 2012 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/6/12 ORDERING that counsel for all parties are ORDERED TO SHOW CAUSE not later than 14 days from the date of this order why sanctions should not be imposed for failure to comply with the courts order directing the parties to file dispositional documents.(Dillon, M)
May 31, 2012 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12 DENYING 107 Motion; Clerk of the Court is directed to serve this order on plaintiff: Daniel Treglia, T-66950, Pelican Bay State Prison, P.O. Box 7500, Crescent City, California, 95532. (Dillon, M)
May 4, 2012 Opinion or Order Filing 106 ORDER RE SETTLEMENT AND DISPOSITION signed by Magistrate Judge Edmund F. Brennan on 5/3/2012 ORDERING that dispositional documents are to be filed no later than 10/30/2012; all hearing dates set in this matter, including the 6/4/12 trial date before the Honorable Morrison C. England, Jr. are VACATED. (Yin, K)
March 28, 2012 Opinion or Order Filing 103 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 03/27/12 ORDERING the Custodian to produce Daniel Treglia via video conferencing on 05/03/12 at 10:00 a.m. in courtroom 24 before Magistrate Judge Edmund F. Brennan. Custodian is ordered to notify the Court on 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. (cc: I.T. Dept and EFB)(3 certified copies of this writ sent to the Warden, Pelican Bay State Prison)(Plummer, M) Modified on 3/28/2012 (Plummer, M).
March 1, 2012 Opinion or Order Filing 102 ORDER signed by Magistrate Judge Kendall J. Newman on 02/29/12 ordering that the Clerk of the Court shall serve a copy of this order on the Litigation Coordinator at Pelican Bay State Prison. (Copy of this order sent to the Litigation Coordinator, Pelican Bay State Prison, 5905 Lake Earl Drive, PO Box 7000, Crescent City, California, 95531-7000) (Plummer, M) Modified on 3/1/2012 (Plummer, M).
February 9, 2012 Opinion or Order Filing 100 ORDER GRANTING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel signed by Magistrate Judge Kendall J. Newman on 2/9/2012. (Crouch, J)
January 5, 2012 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Kendall J. Newman on 01/04/12 ordering that within 30 days of the date of this order, the parties shall inform the court whether they request a further settlement conference. (Plummer, M)
December 30, 2011 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Kendall J. Newman on 12/29/11 ORDERING Eric L. Niemeyer is appointed as counsel in the above entitled matter. This matter is set to proceed for trial commencing 06/04/12 before the Honorable Morrison C. England in courtroom #7. The clerk of the court is directed to serve a copy of this order upon Eric L. Niemeyer, Law Offices of Eric L. Niemeyer, 601 Willamette Avenue, Medford, Oregon, 97504. (Plummer, M)
December 15, 2011 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/11 DENYING 94 Motion for phone calls. (Dillon, M)
November 8, 2011 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Kendall J. Newman on 11/7/11 DENYING 89 Motion to be transferred to CSP-Sac.(Dillon, M)
September 29, 2011 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/11 GRANTING 87 Motion to Appoint Counsel. Clerk is directed to locate forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc ADRP)(Dillon, M)
September 16, 2011 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/11 ORDERING that plaintiff is granted 14 days from the date of this order to file a renewed request for appointment of counsel. (Dillon, M)
July 21, 2011 Opinion or Order Filing 81 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 07/21/11. Ordering the 07/06/11 writ of habeas corpus ad testificandum is hereby vacated. Custodian to produce Daniel Treglia via video-c onferencing at 09/08/11 at 10:00 a.m. in courtroom 24 before Magistrate Judge Edmund F. Brennan. 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. (cc: I.T. Dept)(Plummer, M)
July 6, 2011 Opinion or Order Filing 79 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 07/06/11 ordering the custodian to produce Daniel Treglia via video conferencing at August 11, 2011 at 10:00 a.m. in courtroom 24 before Magistrat e Judge Edmund F. Brennan. 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. (cc: EFB and I.T. Dept. Sacramento) (Plummer, M)
February 14, 2011 Opinion or Order Filing 62 FURTHER SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 02/10/11 ordering discovery and law and motion is closed. Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before 04/15/11. Defendants shall file their pretrial statement on or before 04/29/11. A pretrial conference is set in this case for 05/13/11 before the Magistrate Judge. The pretrial conference shall be conducted on the file only without appearance by either party. This matter is set for jury trial before the Honorable Morrison C. England Jr. on 05/07/12 at 9:00 a.m. in courtroom 7. Plaintiff's motion to conduct additional discovery 59 is denied. (Plummer, M)
February 7, 2011 Opinion or Order Filing 61 ORDER signed by Judge Morrison C. England, Jr on 2/4/11 ORDERING the findings and recommendations 58 filed 11/24/10 ADOPTED IN FULL; pltf's motion for partial summary judgment 30 is DENIED. (Carlos, K)
November 24, 2010 Opinion or Order Filing 58 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/24/10 ORDERING the clerk of the court is directed to assign a District Judge to this action. U.S. District Judge Morrison C. England randomly assigned to this action. Plaintiff's 05/24/10 motion to augment the record 44 is granted. Plaintiff's 08/02/10 motion to amend 50 is granted. Plaintiff's 09/13/10 motion to amend 54 is denied. Also, RECOMMENDING that plaintiff's motion for partial summary judgment 30 be denied. MOTION for SUMMARY JUDGMENT 30 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
September 3, 2010 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/10 ORDERING that within fourteen days of the date of this order, defendants shall file a statement of non-opposition or opposition to plaintiffs motion to amend. If defendants do not oppose the motion to amend, they shall file an answer to the amended complaint within that time. (Dillon, M)
May 25, 2010 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/2010 ORDERING that pltf's 26 motion to compel discovery and 27 motion for sanctions is DENIED; pltf's 39 motion to volunarily dismiss certain claims is GRANTED; claims five, ten, eleven, fourteen and fifteen are dismissed from the 2/6/09 cmplt; and pltf's 41 pretrial statement is DISREGARDED. (Yin, K)
April 23, 2010 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Kendall J. Newman on 04/23/10 ORDERING that dft shall reply w/i 14 days if they would wish to participate in a settlement conference and plf's 37 Motion to Appoint Counsel is DENIED. (Benson, A.)
September 14, 2009 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Kimberly J. Mueller on 9/14/09 ORDERING that 15 Motion for a preliminary injunction is DENIED; 16 Motion for referral for early settlement is DENIED without prejudice ; 17 Motion to Appoint Counsel is DENIED without prejudice. (Dillon, M)
August 21, 2009 Opinion or Order Filing 14 ORDER DIRECTING SERVICE BY THE USM signed by Magistrate Judge Kimberly J. Mueller on 8/19/09. The Clerk is directed to forward the instructions for service of process, the completed summons, copies of the Complaint, and copies of this order to the US M. Within ten days from the date of this order, the USM is directed to notify defendants Everrett W Fischer, Scott Kisser, Berkler, Ledesma, Director of California Department of Corrections, J Walker, T Virga, C Villasenor of the commencement of this action and to request a waiver of service of summons. The Clerk shall serve upon Plaintiff a copy of the Local Rules of Court. (Mena-Sanchez, L)
July 21, 2009 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Daniel Treglia signed by Magistrate Judge Kimberly J. Mueller on 07/21/09. Clerk to serve a copy of 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)
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Search for this case: Treglia v. Director of California Department of Corrections et al
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Plaintiff: Daniel Treglia
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Defendant: Director of California Department of Corrections
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Defendant: J Walker
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Defendant: T Virga
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Defendant: C Villasenor
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Defendant: L. Wallace
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Defendant: T - Ventimiglia
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Defendant: D Kennedy
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Defendant: B. Bishop
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Defendant: Everrett W Fischer
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Defendant: Scott Kisser
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Defendant: Keri Berklerisa
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Defendant: Miledesma
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