Elliot v. Readdy et al
| Robert Elliot |
| Readdy, P Beck, R W Purvis, K. Liu, H Liau, Medical Center of Modesto, McHenry Medical Group and B Gabriel Sparamvir |
| 2:2010cv02980 |
| November 5, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
165
ORDER signed by Chief Judge Morrison C. England, Jr. on 3/13/2015 DISMISSING CASE 163 with prejudice; the Clerk of the Court is directed to close this case. CASE CLOSED (Reader, L)
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Filing
160
ORDER signed by Magistrate Judge Kendall J. Newman on 12/04/14 ordering discovery shall remain open until 03/13/15. Any motion pertaining to discovery shall be noticed for hearing on or before 2/27/15. (Plummer, M)
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Filing
158
ORDER signed by Magistrate Judge Kendall J. Newman on 09/16/14 ordering discovery shall remain open until 1/09/15. Any motion pertaining to discovery shall be noticed for hearing on or before 12/19/14. (Plummer, M)
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Filing
155
ORDER signed by Magistrate Judge Kendall J. Newman on 07/18/14 ordering additional discovery shall be completed on or before 10/31/14. Any motion pertaining to discovery shall be noticed for hearing on or before the court's 10/16/14 law and motion calendar. ON or before 11/21/14, the parties shall file a joint statement. (See order for further details) (Plummer, M)
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Filing
153
ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/9/14 150 are ADOPTED in full; Defendant Dr. Reddy's Motion for Summary Judgment 119 is GRANTED in full. Defendant Dr. Beck& #039;s Motion for Summary Judgment 106 is GRANTED in part and DENIED in part. Defendant Dr. Beck's Motion for Summary Judgment on Plaintiff's state law claim under California Civil Code section 52.1, is GRANTED. Defendant Dr. Beck's Motion for Summary Judgment on Plaintiff's claims of deliberate indiference to serios medical needs, and medical negligence, is DENIED. This Action proceeds on Plaintiff's claims against Dr. Beck for deliberate indiference to serious medical needs, and medical negligence. (Mena-Sanchez, L)
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Filing
150
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/9/14 ORDERING that all evidentiary objections are overruled, with the exception of plaintiff's objections to the declaration of Dr. Reddy (see ECF No. 136 at 3-6), which are sustained in part. It is RECOMMENDED that Defendant Dr. Reddy's motion for summary judgment (ECF No. 119 ), be granted in full; Defendant Dr. Beck's motion for summary judgment (ECF No. 106 ), be granted in p art and denied in part; Defendant Dr. Beck's motion for summary judgment on plaintiff's state law claim under California Civil Code section 52.1, be granted. Defendant Dr. Beck's motion for summary judgment on plaintiff' s claims of deliberate indifference to serious medical needs, and medical negligence, be denied; This action proceed on plaintiff's claims against defendant Dr. Beck for deliberate indifference to serious medical needs, and medical negligence. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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Filing
147
ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel E. Jacob Lubarsky is GRANTED. (Crouch, J)
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Filing
122
ORDER signed by Magistrate Judge Kendall J. Newman on 03/18/14 ordering that defendant Monteiro notify this court within 7 days, whether she has any objection to being dismissed from this action. (Plummer, M)
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Filing
118
ORDER signed by Magistrate Judge Kendall J. Newman on 02/26/14 ordering plaintiff's opposition to defendant Phillip Beck, M.D.'s motion for summary judgment will be filed and served no later than 03/21/14. MOTION for SUMMARY JUDGMENT [10 6],( Motion Hearing continued to 4/10/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) Defendant Phillip Beck, M.D.'s reply in support of his motion for summary judgment, if any, will be due pursuant to the deadlines set forth in the Federal Rules of Civil Procedure and the Local Rules of the United States District Court, Eastern District of California. (Plummer, M)
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Filing
99
ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel E. Jacob Lubarsky is GRANTED. (Crouch, J)
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Filing
98
ORDER signed by Magistrate Judge Kendall J. Newman on 11/20/2013 ORDERING plaintiff's attorney's request to incur costs by appointed pro bono counsel E. Jacob Lubarsky is GRANTED. (Crouch, J)
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Filing
95
ORDER signed by Magistrate Judge Kendall J. Newman on 06/26/13 ordering pursuant to their exclusion from the second amended complaint, defendants Paramvir Sahota, Jean Walker, Fransham (CCII) and Borges Gabriel are dismissed from this action. D efendant Beck's motion to dismiss 90 is granted in part and denied in part. Plaintiff's state law claims pursuant to California Civil Code section 51.7 (Ralph Act) and California Code of Civil Procedure 425.13 (Punitive damages) are dism issed as to all defendants. This action shall proceed against Beck, Reddy and Monteiro on the following claims 1) Eighth amendment deliberate indifference to serious medical needs. 2) state law medical negligence, and 3) California Civil Code sectio n 52.1. Defendant Beck shall file and serve an answer within 21 days after the filing date of this order. A Discovery and Scheduling Order will issue thereafter. The clerk of the court is directed to correct, on the docket, the spelling of the following defendants' names: from Readdy to Reddy and from Monteiriro to Monteiro.. (Plummer, M)
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Filing
87
ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/13 ORDERING that the motions to dismiss filed by defendant McHenry Medical Group 72 , and defendants Doctors Medical Center of Modesto and Doctors Hospital of Manteca 75 , are granted, and the motion to dismiss filed by defendants Beck and Liu 73 , is granted in part and denied in part. Defendants Dr. Alexander Liu, McHenry Medical Group, Doctors Medical Center of Modesto, and Doctors Hospital of Manteca, are dismissed from t his action without leave to amend. The motion to dismiss filed by defendants Reddy, Sahota, Gabriel, Monteiro, Fransham and Walker 74 , is granted, but with plaintiff granted leave to amend. Plaintiff is granted 30 days from the filing date of this order to file and serve a Second Amended Complaint.(Dillon, M)
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Filing
84
ORDER signed by Magistrate Judge Kendall J. Newman on 3/20/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Jacob Lubarsky is GRANTED. (Crouch, J)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/12 ordering the stay in this action is extended to 1/18/13. Defendants may file their pleadings and/or motions responsive to the First Amended Complaint no earlier than 1/18/13, and no lat er than 2/08/13. In order to consolidate the court's consideration of the several motions that may be filed in this action, all matters requiring hearing shall be scheduled on the undersigned's law and motion calendar for 03/21/13 at 10:00 a.m. in courtroom 25. The motion to dismiss previously filed by Doctor's Medical Center of Modesto and Doctors Hospital of Manteca 60 is denied without prejudice to its timely refiling. Plaintiff's inquiry concerning appointment of new counsel 69 filed before his meeting with Mr. Lubarsky is denied as moot. (Plummer, M) (Plummer, M)
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Filing
67
ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/12 ORDERING that Mr. Jacob Lubarsky is appointed as counsel to represent plaintiff in this action. Mr. Lubarsky shall notify Sujean Park if he has any questions related to the appointment . The stay in this action is hereby lifted; however, no defendant shall file a responsive pleading until further order of this court. The motion to dismiss filed on September 7, 2012, by defendants Doctors Medical Center of Modesto, and Doctors Hosp ital of Manteca, is denied without prejudice to its renewal after the court directs the filing of responsive pleadings. Within 30 days from the filing date of this order, Mr. Lubarsky shall file and serve a status report indicating whether plaintiff intends to proceed on the First Amended Complaint 58 and, if so, whether there is any reason to further delay defendants filing of responsive pleadings; alternatively, plaintiffs counsel may seek leave to file a Second Amended Complaint, together with a proposed Second Amended Complaint.(Dillon, M)
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Filing
63
ORDER signed by Magistrate Judge Kendall J. Newman on 9/11/12 ORDERING that pursuant to the filing of plaintiffs First Amended Complaint, and defendants waiver of formal notice and service thereto 57 , all defendants are now authorized to file their responsive pleadings. All deadlines for filing and serving a responsive pleading, as set forth in Rule 12(a)(1), Federal Rule of Civil Procedure, and for filing and serving an opposition to any motion to dismiss, as set forth in Local Rule 230(l), are hereby extended by 14 days, respectively; any reply shall be filed and served within the seven-day deadline prescribed by Local Rule 230(l). (Dillon, M)
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Filing
57
ORDER signed by Magistrate Judge Kendall J. Newman on 08/28/12 granting 55 Motion to Amend the Complaint. The first amended complaint attached to plaintiff's motion, including the corresponding exhibits attached thereto (see Docket No. 55-1 t hrough 55-4) is accepted by the court and deemed filed as of the date of this order. The clerk of court is directed to separately file and so designate the first amended complaint and exhibits (currently Docket No. 55-1 through 55-4), identifying ea ch defendant on the title page of the docket. Pursuant to palintiff's notice of voluntary dismissal, and for reasons set forth herein (see docket no. 56 ), the clerk of court is also directed to note the dismissal of defendants Kenneth A. Liu, M.D. and Shijun Cui, M.D. (Plummer, M)
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Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2012, ORDERING that the 44 motion to dismiss is DENIED without prejudice to its renewal upon further order of this court; newly appointed counsel for plaintiff is REMINDED of the court' s 6/20/2012 court order; plaintiff's counsel is DIRECTED to file and serve, on or before 8/20/2012, a comprehensive statement addressing the matter set forth in this order; and all counsel are again INFORMED that no pleadings responsive to the complaint shall be filed until further order of this court. (Yin, K)
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Filing
43
ORDER signed by Magistrate Judge Kendall J. Newman on 6/22/2012 DENYING, without prejudice, the 38 motion to dismiss; the motion may be re-filed upon further order of this court. (Yin, K)
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Filing
37
ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/2012 ORDERING that Attorney Lisa D. Angelo is APPOINTED for Robert Elliot; the clerk is to serve a copy of this order upon Lisa D. Angelo; plaintiff's counsel is DIRECTED to this 34 co urt's order granting plaintiff's request for an extension of time to provide the information necessary for the USM to serve process on defendant Moumeror, counsel shall assist plaintiff in providing this information to the court within 30 d ays, or shall inform the court in writing why such information is unavailable; plaintiff's counsel is also DIRECTED to file, within 60 days, a statement indicating whether all defendants have been served process in this action and inform the cou rt as detailed in this order; all parties are informed that no pleadings responsive to the complaint shall be filed until further order of this court, which shall be contingent on all available defendants having been served process. (cc: ADR)(Yin, K)
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Filing
31
ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/12 ORDERING that 28 , 29 and 30 Motions to Dismiss are DENIED without prejudice; the motions may be re-filed upon further notification by the court. (Dillon, M)
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Filing
27
ORDER signed by Judge Morrison C. England, Jr. on 5/11/12 adopting 17 Findings and Recommendations in full; and defendants Liau and Purvis are dismissed without prejudice. (Matson, R)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 04/06/12 granting 15 Motion to Appoint Counsel. The clerk of the court shall contact Sujean Park, ADR Coordinator, for the purpose of locating forthwith an attorney, admitted to practice in this court, who is willing to accept the appointment. (cc: ADR Director) (Plummer, M)
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