Heilman v. Lyons et al
| Thomas John Heilman |
| T. Lyons, Echeverria and A. Esberto |
| 2:2009cv02721 |
| September 30, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kimberly J. Mueller |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
122
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/15/2013 RECOMMENDING that defendants' 111 motion for summary judgment be granted. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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Filing
117
ORDER signed by Magistrate Judge Kendall J. Newman on 1/29/13 ORDERING that plaintiffs January 14, 2013 request to postpone the pending motion for summary judgment and to reopen discovery (dkt. no. 115 ) is DENIED; Plaintiffs alternative reque st for an extension of time (dkt. no. 115 ) is GRANTED; and Plaintiff is granted 21 days from the date of this order in which to file an opposition to the motion for summary judgment. No further extensions of time will be granted. (Dillon, M)
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Filing
110
ORDER signed by Judge John A. Mendez on 10/10/12 ORDERING that the 02/03/12 81 Findings and Recommendations and the 103 08/04/11 Order are VACATED IN PART only as to the ruling on defendants' 08/04/11 58 Motion for Summary Judgment; defen dants' 08/04/11 58 Motion for Summary Judgment and defendant Sheldon's 07/27/12 106 Motion for Summary Judgment are DENIED without prejudice. Within 30 days, defendants shall re-file one motion for summary judgment as to all defendants, accompanied by the attached notice. (Benson, A.)
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Filing
107
ORDER signed by Judge John A. Mendez on 8/13/2012 ORDERING Plaintiff to file within 30 days, the attached Notice of Election form indicating whether he wishes to re-open 58 Motion for Summary Judgment. (Michel, G)
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Filing
103
ORDER signed by Judge John A. Mendez on 6/14/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/3/12 81 are ADOPTED in full; Defendants' 8/4/11 Cross Motion for Summary Judgment 58 is GRANTED as to defendants Echeverria, Lyons and Esberto; and Plaintiff's 7/20/11 Motion for Summary Judgment 54 is DENIED. (Mena-Sanchez, L)
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Filing
101
ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/2012 DIRECTING the clerk to terminate plaintiff's 91 , 93 motions for injunctive relief pursuant to plaintiff's 5/3/12, notice. (Yin, K)
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Filing
98
ORDER signed by Magistrate Judge Kendall J. Newman on 04/30/12 ordering that plaintiff's 04/23/12 motion 95 is denied without prejudice. (Plummer, M)
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Filing
96
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/23/12 ORDERING that the 90 order to show cause is discharged; the Clerk of the Court is directed to send plaintiff a copy of defendant Lyons responses to inte rrogatories, docket no. 65-2, pages 2 through 8; Within seven days from the date of this order, counsel for defendants shall send plaintiff a copy of the CMF emergency medical response plan, if the document is in his possession; and plaintiff is gran ted 30 days in which to file objections to the February 3, 2012 findings and recommendations. It is RECOMMENDED that plaintiffs March 29, 2012, and April 9, 2012 motions for injunctive relief (dkt. no. 91 & 93 ) be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
90
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 03/27/12 ordering within 7 days from the date of this order, counsel for defendants shall show cause why sanctions should not issue based on their failure to respond to the court's 03/14/12 order. Counsel for defendants shall also provide the response to the 03/14/12 order within 7 days. (Plummer, M)
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Filing
89
ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/12 ORDERING that plaintiffs 86 request for a copy of all records in this action is denied without prejudice; Within ten days from the date of this order, defendants counsel shall file a dec laration concerning plaintiffs access to his legal materials, as set forth above; Plaintiffs 87 motion for extension of time is granted; and plaintiff is granted thirty days from the date of this order in which to file objections to the findings and recommendations. (Dillon, M)
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Filing
83
ORDER and REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 2/7/12 ORDERING that plaintiffs 71 motion for reconsideration is denied without prejudice to its renewal fourteen days from any order by the district court denying the motion for summary judgment motion filed by defendants Echevarria, Lyons and Esberto. Plaintiffs motion 78 is granted. Plaintiff and defendant Sheldon may conduct discovery until June 8, 2012. Any motions necessary to compel discovery shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before August 8, 2012. (Dillon, M)
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Filing
81
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/2/2012 RECOMMENDING that defendants' 58 cross-motion for summary judgment be granted as to defendants Echeverria, Lyons and Esberto; and plaintiff's 54 motion for summary judgment be denied. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 09/20/11 ordering the 07/26/11 order to show cause 56 is discharged. Plaintiff's 08/17/11 motion to compel 61 is denied. Plaintiff's 08/31/11 motion regarding inmate witnesses 64 is denied without prejudice. (Plummer, M)
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Filing
56
ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/25/11, ORDERING that plaintiff's 44 motion to compel as supplemental on 5/11/11 46 , is GRANTED in part and DENIED in part. Defendants' further responses sh all be provided to plaintiff within 21 days from the date of this order. Within 14 days from the date of this order, counsel for defendants shall SHOW CAUSE why sanction should not be imposed for his failure to comply with this court's 6/10/11 order. (Kastilahn, A)
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Filing
50
ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/11 ORDERING that 39 motion to compel is DENIED; Within 14 days, counsel for defendants shall file an opposition or statement of nonopposition to plaintiffs May 3, 2011 motion to compel furth er production of documents, as supplemented on May 11, 2011. (Dkt. Nos. 44 , 46 & 47 .) Plaintiffs April 26, 2011 motion to compel further answers to interrogatories is granted in part (see order for details). Plaintiffs 40 motion to propound f urther interrogatories to defendants Lyons and Esberto is DENIED without prejudice. Plaintiffs April 26, 2011 motion to propound additional interrogatories is GRANTED as to defendant Echeverria. Defendant Echeverria shall answer the additional four i nterrogatories (dkt. no. 40 at 34-35) within 30 days from the date of this order. Plaintiffs motion 41 is PARTIALLY GRANTED; Counsel for defendants shall forthwith take all steps necessary to enlist the assistance from the CDCR to obtain the name a nd address of John Doe #1, the Sergeant on 1st Watch, Administrative Segregation I-3 Wing, California Medical Facility, between the dates of June 2 and 3, 2007, who supervised defendant Lyons; Within 21 days from the date of this order, counsel for d efendants shall provide the U.S. Marshal with John Doe #1s name and current address; Within 21 days from the date of this order, counsel for defendants shall provide the court with John Doe #1s name. Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (cc USM) (Dillon, M)
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Filing
38
ORDER signed by Magistrate Judge Kendall J. Newman on 4/20/11 ORDERING that 35 Order to Show Cause is DISCHARGED; No expenses are awarded in connection with the 2/24/11 motion to compel.(Dillon, M)
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Filing
35
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/29/11 ORDERING that 30 Motion to Compel is PARTIALLY GRANTED; 32 Motion to Compel is DENIED; Within 14 days from the date of this order, defendants Lyons, Esberto and Echeverria shall respond to the interrogatories and requests for admissions; Within 21 days from the date of this order, plaintiff shall file a statement of his photocopy or other expenses incurred in connection with his efforts to obtain discovery responses; Within 14 days from the date of this order, counsel for defendants Lyons, Esberto and Echeverria shall show cause, if any he may have, why counsel should not be ordered to pay monetary sanctions for failure to comply with the 1/11/11 court order; and in addition to electronic service via CM/ECF, the Clerk of the Court is directed to send a copy of this order to counsel for defendants, by using the United States Postal Service.(Dillon, M)
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Filing
33
ORDER AND ORDER TO THE U.S. MARSHAL signed by Magistrate Judge Kendall J. Newman on 03/23/11 ordering the clerk of the court is directed to issue the subpoena duces tecum provided by plaintiff on 03/09/11 and send the original subpoena duces tecum al ong with a copy of the instant order to the U.S. Marshal. No later than 03/31/11 the U.S. Marshal is directed to personally serve the subpoena duces tecum and a copy of this order upon the Custodian of Records at the California Medical Facility, 160 0 California Drive, Vacaville, CA 95696-2000. Within 10 days after personal service of the subpoena duces tecum is effected, the U.S. Marshal shall file the return of service for the nonparty with the court. The clerk of the court is directed to se rve a copy of this order and a copy of the issued subpoena duces tecum on the following: Kathleen Dickinson, Warden, California Medical Facility, PO Box 2000, Vacaville, CA 95696-2000 and Litigation Coordinator, California Medical Facility, PO Box 2000, Vacaville, CA 95696-2000. (Plummer, M)
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Filing
29
ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 02/23/11 ordering plaintiff's 01/20/11 motion to propound additional interrogatories 24 is denied. Plaintiff's 02/11/11 motion to compel discovery 27 is denied without prejudice. The 02/11/11 notice of submission of documents 25 is disregarded. Plaintiff's 02/16/11 motion for extension of time 28 is denied without prejudice. The clerk of court is directed to send plaintiff a subpoena duc es tecum form and a copy of the court's 12/13/10 order. Plaintiff shall complete the attached notice of submission of documents form and the subpoena duces tecum form as limited by the 12/13/10 order and return them to the court as soon as poss ible, but in no event shall the documents be returned more than 14 days after the date of this order. The 10/28/10 scheduling order 17 is revised as follows: The 02/11/11 discovery deadline is extended to 05/11/11. The 05/06/11 pretrial motions deadline is extended to 08/05/11. (Plummer, M)
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Filing
23
ORDER signed by Magistrate Judge Kendall J. Newman on 01/10/11 ordering plaintiff's 12/15/10 motion 20 is denied. Defendants' 12/30/10 motion for an extension of time 21 is granted. Defendants shall respond to plaintiff's first set of interrogatories and first request for admissions on or before 02/04/11. Plaintiff's 12/29/10 motion, construed as a renewed request for submpoenas duces tecum 22 is denied. (Plummer, M)
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Filing
19
ORDER signed by Magistrate Judge Kendall J. Newman on 12/10/10 granting in part and denying in part 18 Motion for a subpoena form. The clerk of the court is directed to send plaintiff a subpoena duces tecum form. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of submisson of documents form and the subpoena duces tecum form as limited above and return it to the court. (Plummer, M)
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