Boyton v. Federal Correction Institution Dublin
| Peggy Boynton |
| Federal Correction Institution Dublin |
| 2:2011cv00623 |
| March 7, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Morrison C. England |
| Other Personal Property Damage |
| 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
139
ORDER signed by Senior Judge Morrison C. England, Jr. on 09/03/21 GRANTING 138 Ex Parte Application; the writ of garnishment is TERMINATED per 28 U.S.C. § 3205(c)(10)(B). (Benson, A.)
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Filing
130
ORDER signed by District Judge Morrison C. England, Jr. on 11/06/18 DENYING 129 Motion for Reconsideration. (Benson, A.)
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Filing
125
MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr on 6/29/17. The Court GRANTS Defendant's MOTION for SUMMARY JUDGMENT of Plaintiff's claim, and GRANTS Defendant's MOTION for SUMMARY JUDGMENT of its Counterclaim. 122 . The Court DENIES as moot Defendant's MOTION to DISMISS Plaintiff's claim, 122 , and further DENIES as moot Defendant's previous Motion to Dismiss for lack of prosecution, 107 . The Court hereby enters judgment in favor of the government on both Plaintiff's claim and Defendant's counterclaim, orders restitution of the premises in question to the government, and assesses damages against Plaintiff Boynton in the amount of $38,875, plus additional damages in the amount of $222.50 bi-weekly from 4/4/17 to the date of electronic filing of this order. CASE CLOSED. (Mena-Sanchez, L)
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Filing
121
ORDER signed by District Judge Morrison C. England, Jr. on 4/4/2017 GRANTING 120 Request for Page-Limit Increase; INCREASING the page limit re Memorandum of Points and Authorities in support of impending dispositive motion to 35 pages. (Michel, G.)
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Filing
115
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 11/10/16 ORDERING that the Expert Witness Disclosure is EXTENDED to 2/6/2017, and Dispositive Motions EXTENDED to 6/1/2017. All other provisions in the May 19, 2016 pretrial scheduling order shall remain in full force and effect. (Kastilahn, A)
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Filing
106
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/29/2016 GRANTING defendant's 104 Motion to Compel. Plaintiff shall appear for her deposition on 10/3/2016 at 10:00 a.m. at the United States Attorney's Office, 501 I Street, Sacramento, CA 95814, and produce all documents relied upon to prepare for the deposition. (Zignago, K.)
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Filing
101
ORDER signed by Chief Judge Morrison C. England, Jr. on 03/29/16 ADOPTING IN FULL 98 Findings and Recommendations and DENYING 73 Motion for Default Judgment. (Jackson, T)
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Filing
98
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/10/16 ORDERING that the 5/21/15 order to show casue 85 is discharged and no sanctions are imposed. It is RECOMMENDED that the United States' motion for default judgment 73 be denied. Motion referred to District Judge Morrison C. England, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
62
ORDER signed by Chief Judge Morrison C. England, Jr., on December 1, 2014 GRANTING the parties' stipulation 61 for an extenstion of 30 days, to 12/29/2014, to file the dispositional documents. (Rivas, A)
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Filing
60
ORDER signed by Chief Judge Morrison C. England, Jr., on 10/28/14 ORDERING that Plaintiff Peggy Boynton's request for an extension to file dispositional documents is GRANTED. Not later than 30 days after the date this Order is filed electron ically, the parties are ORDERED to submit dispositional documents. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this Order. (Kastilahn, A)
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Filing
54
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 12/31/13 ORDERING that the parties' 49 stipulated request for an extension of discovery dates is GRANTED, and an amended Pretrial Scheduling Order setting all relevant dates will issue shortly. (Kastilahn, A)
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Filing
53
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/18/2013 re 52 Substitution of Attorney Order; ORDERING because plaintiff is now represented by counsel, the referral to the magistrate judge willbe withdrawn and the case will be referred back to the district judge. (Waggoner, D)
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Filing
45
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/2013 re: 44 Stipulation and Proposed Order; Deadline for parties to file their Joint VDRP Completion Report is EXTENDED to 9/23/2013; No futher extensions will be granted in this regard. (Waggoner, D)
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Filing
42
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/23/2013 DENYING 39 Motion to Appoint Counsel; GRANTING 40 Motion for Extension of Time; ORDERING Plaintiff to obtain counsel or prepare to proceed with VDRP pro se by 7/22/2013; ORDERING th e parties to meet and confer, by 7/29/2013, to schedule a mediation to take place on or before 8/30/2013; STAYING the Pretrial Schedule until the VDRP session has concluded; ORDERING the parties to file, within 14 days of completion of the VDRP session, a Joint VDRP Completion Report. (Michel, G)
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Filing
37
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/13/13 DENYING 36 Request for appointed counsel. Moreover, although plaintiff does not appear to be requesting additional time to obtain counsel, the court notes that plaintiff was given un til 5/20/13 to obtain counsel or prepare to proceed with VDRP and this case pro se. Therefore, because plaintiff's time to obtain counsel has not yet expired, plaintiff is free to continue her attempts to obtain counsel. Plaintiff may also rep resent herself in the in any settlement conference as part of the VDRP process. Accordingly, if plaintiff is unable to obtain counsel by 5/20/13, plaintiff can either proceed pro se or, if plaintiff believes that additional time to obtain counsel would be productive, plaintiff may request an extension of the 5/20/13 deadline for obtaining counsel. (Meuleman, A)
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Filing
35
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/25/13 ORDERING that the plaintiff has until 5/20/13 to obtiain counsel or prepare to proceed with VDRP and this case pro se; the parties shall meet to schedule a mediation on or before 5/27/13; mediation shall be conducted on or before 6/28/13; the pretrial schedule remains stayed until the VDRP session is concluded; Joint VDRP Completion Report due no later than 14 days after session has been concluded. (Manzer, C)
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Filing
33
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/4/13 ORDERING that the parties shall confer in person or via telephone and file a joint status report on or before 3/20/13. (Manzer, C)
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Filing
23
ORDER signed by Judge Morrison C. England, Jr on 10/19/12 ORDERING case referred to the Court's Voluntary Dispute Resolution Program (VDRP). The VDRP process shall be copmleted within 60 days of the selected Neutral's notification of his or her willingness to serve as Neutral for the action. The pretrial schedule, including the disclosure of experts and discovery cutoff, shall be stayed until the VDRP session is concluded. No later than 14 days after the VDRP session has been conclud ed, the parties must, pursuant to Local Rule 271(o)(1), jointly file the Parties' Joint VDRP Completion Report in which they report (A) whether the action in its entirety was resolved or settled during the VDRP session, and if so, when a reque st for dismissal will be filed; (B) if the action in its entirety was not resolved or settled, whether any resolution, stipulation, or agreement was reached on any part of the action, including but not limited to any stipulation or agreement regarding facts, issues, procedures, or claims; and (C) the current status of the action, including an update, as appropriate, on the subjects set forth in Local Rule 240. (cc: VDRP). (Meuleman, A)
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Filing
8
ORDER signed by Judge Morrison C. England, Jr on 4/6/11, ORDERING that plaintiff's 7 motion for reconsideration, is DENIED. While plaintiff's originally filed complaint is nearly identical to her request for a TRO, the Court construes her request for relief as a proper complaint. As such, plaintiff is required to follow the Local Rules regarding service of process, and other procedural matters. (Kastilahn, A)
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Filing
6
ORDER denying 2 Motion for TRO signed by Judge Morrison C. England, Jr on 3/8/11. (Matson, R)
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