Boyton v. Federal Correction Institution Dublin
Plaintiff: Peggy Boynton
Defendant: Federal Correction Institution Dublin
Case Number: 2:2011cv00623
Filed: March 7, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Morrison C. England
Nature of Suit: Other Personal Property Damage
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
September 3, 2021 Opinion or Order 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.)
November 7, 2018 Opinion or Order Filing 130 ORDER signed by District Judge Morrison C. England, Jr. on 11/06/18 DENYING 129 Motion for Reconsideration. (Benson, A.)
June 29, 2017 Opinion or Order 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)
April 5, 2017 Opinion or Order 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.)
November 14, 2016 Opinion or Order 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)
September 29, 2016 Opinion or Order 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.)
March 30, 2016 Opinion or Order 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)
March 10, 2016 Opinion or Order 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)
December 2, 2014 Opinion or Order 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)
October 29, 2014 Opinion or Order 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)
December 31, 2013 Opinion or Order 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)
December 18, 2013 Opinion or Order 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)
September 11, 2013 Opinion or Order 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)
May 24, 2013 Opinion or Order 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)
May 14, 2013 Opinion or Order 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)
March 25, 2013 Opinion or Order 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)
March 5, 2013 Opinion or Order 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)
October 22, 2012 Opinion or Order 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)
April 7, 2011 Opinion or Order 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)
March 8, 2011 Opinion or Order 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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Plaintiff: Peggy Boynton
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Defendant: Federal Correction Institution Dublin
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