Spears et al v. El Dorado County Sheriff's Department et al
| Brian Spears, Bruce Benton, Richard Anderson and Timothy Suddeth |
| El Dorado County Sheriff's Department, El Dorado County Correctional Facility and El Dorado County |
| 2:2015cv00165 |
| January 20, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Placer |
| Allison Claire |
| 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
125
ORDER signed by Magistrate Judge Allison Claire on 11/20/2023 GRANTING 104 , 105 , & 106 Motion to Compel and DENYING 121 (at 16) Request to re-open discovery. Defendants Handy, Garcia, and Kurk shall file their responses to Plaintiff's discovery request within 21 days of the filing of this order. Plaintiff may file a motion for sanctions if defendants do not comply with this order within 45 days of the filing of this order. (Clemente Licea, O)
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Filing
119
ORDER signed by Magistrate Judge Allison Claire on 10/12/2023 GRANTING 118 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the service of this order in which to file any objections to 116 Findings and Recommendations. (Lopez, K) Modified on 10/13/2023 (Lopez, K).
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Filing
117
ORDER signed by Magistrate Judge Allison Claire on 9/20/2023 GRANTING 115 Motion for Extension of Time. Plaintiff shall file an opposition to defendants' motion for summary judgment by 10/18/23. (Clemente Licea, O)
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Filing
116
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/19/2023 DENYING 103 Motion to Modify the Discovery and Scheduling Order. It is hereby RECOMMENDED that defendant Carol Armstrong be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Clemente Licea, O)
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Filing
100
ORDER signed by Magistrate Judge Allison Claire on 04/04/2023 GRANTING the 97 Motion to Modify the Discovery and Scheduling Order and EXTENDING the following deadlines: Discovery due by 06/05/2023 and all Pretrial motions due by 08/28/2023. All other directives in the 79 Scheduling Order are to remain in full force and effect. (Spichka, K.)
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Filing
93
ORDER signed by Magistrate Judge Allison Claire on 11/17/22 DIRECTING Defendant to file Response to 90 Motion to Compel within 30 days. (Woodworth, M.)
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Filing
92
ORDER signed by Senior Judge Morrison C. England, Jr on 11/16/22 ADOPTING 87 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 54 Motion to Dismiss. (Kaminski, H)
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Filing
87
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/11/2022 RECOMMENDING El Dorado County's 54 motion to dismiss be granted in part and denied in part as follows: 1. Denied as to Claim Four; 2. Granted as to Claim Eleven; and 3. Granted as to injunctive relief. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
85
ORDER signed by Magistrate Judge Allison Claire on 08/19/22 ORDERING Jeffrey Wilson is substituted in as attorney of record for defendant Susanna Kurk in place of Jennifer E. Paez.(Plummer, M)
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Filing
82
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 0810/22 ORDERING that within seven days from the date of this order, attorney Jennifer Elgie Paez is ORDERED TO SHOW CAUSE in writing why she should not be financially sanctioned for f ailure to obey a court order. The filing ofsubstitution of attorney within the prescribed time will serve to discharge this order to show cause. The Clerk of Court is directed to serve a copy of this order on: Jennifer E. Paez, Gordon Rees Scully Mansukhani, LLP, 3 Parkcenter Dr., Suite 200, Sacramento, CA 95825.(Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Allison Claire on 5/10/2022 GRANTING plaintiff's 74 motion to modify the discovery and scheduling order. The parties may conduct discovery until 8/19/2022. All pretrial motions, except motions to compel discovery, shall be filed on or before 11/14/2022. All other directives in the court's 70 discovery and scheduling order issued 12/3/2021 are to remain in full force and effect. (Yin, K)
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Filing
71
ORDER signed by Magistrate Judge Allison Claire on 12/2/2021 ORDERING Clerk to seal 69 Summons Returned Unexecuted and ORDERING within 14 days of the date of this order, plaintiff to inform the court whether he wishes: a)to keep Carol Armstrong as a named defendant in this action until the end of discovery phase, or b) to voluntarily dismiss defendant Armstrong. (Henshaw, R)
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Filing
61
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 10/14/2021 ORDERING, within 30 days, plaintiff shall show cause why defendant El Dorado County's motion to dismiss should not be granted. (Yin, K)
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Filing
60
ORDER signed by Magistrate Judge Allison Claire on 10/13/2021 ORDERING, within 14 days, defendant El Dorado County shall provide under seal the last known address of its former employee, defendant Armstrong, a correctional sergeant at the El Dorado County Jail during the relevant period in question, so that a reasonable attempt at service may be made ; and DENYING as moot plaintiff's 58 motion for a ninety-day extension of time to provide additional information about defendant Armstrong for purposes of service of process. (Yin, K)
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Filing
48
ORDER signed by Magistrate Judge Allison Claire on 7/20/21 ORDERING the Clerk of the Court is directed to send to plaintiff one USM-285 forms, along withan instruction sheet and a copy of the second amended complaint filed May 3, 2019 to be completed and returned with the notice of submission of documents within 60 days.(Plummer, M)
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Filing
44
ORDER signed by Senior Judge Morrison C. England, Jr. on 6/15/2021 ADOPTING IN FULL 38 Findings and Recommendations. Plaintiff's Claims Three, Eight and Ten are DISMISSED without further leave to amend and this case shall proceed on Plaintiff's remaining claims. (Tupolo, A)
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Filing
42
ORDER signed by Magistrate Judge Allison Claire on 2/09/21 ORDERING that the Clerk of Court shall update the case caption of the courts docket and replace defendant Jane Doe, EDCJ Dentist with defendant Susanna Kurk, EDCJ Dentist.(Plummer, M)
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Filing
38
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/04/21 ORDERING service is appropriate for defendants El Dorado County, Armstrong, Handy, Garcia and EDCJ Dentist Jane Doe. The clerk of court is directed to send plaintiff 1 summons, instruction sheet, 5 USM-285 forms and a copy of the second amended complaint to be completed and returned with the notice of submission of documents within 30 days. Also, RECOMMENDING that plaintiff's claims 3, 8 and 10 be dismissed without further leave to amend. Referred to Judge Morrison C. England Jr. Objections due within 30 days.(Plummer, M)
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Filing
34
ORDER signed by District Judge Morrison C. England, Jr. on 6/13/2019 ADOPTED in FULL 28 Findings and Recommendations. Plaintiff's claims One, Two and Five, as set forth in the First Amended Complaint 16 , and Plaintiff's claims for injunctive relief against El Dorado County, are DISMISSED without leave to amend. (Reader, L)
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Filing
29
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Brian Spears signed by Magistrate Judge Allison Claire on 3/05/19. CDC shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve 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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Filing
17
ORDER signed by Magistrate Judge Allison Claire on 5/26/2015 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the required $400.00 fees; and the Clerk shall send plaintiff a new ifp application.(Yin, K)
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Filing
14
RELATED CASE ORDER signed by Magistrate Judge Allison Claire on 4/13/15 ORDERING that the above-identified actions are related. The parties are informed that, although these cases are related under Local Rule 123, they are not consolidated. The Clerk of Court is directed to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Dillon, M)
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Filing
12
ORDER signed by Magistrate Judge Allison Claire on 4/8/2015 DENYING the 3 , 4 , 5 motions to proceed IFP, without prejudice; DENYING the 2 motion for appointment of counsel, without prejudice; the claims of plaintiffs Benton, Anderson an d Suddeth are SEVERED from the claims of plaintiff Spears; plaintiff Spears shall proceed as the sole plaintiff in the instant case, and each of the other plaintiffs shall proceed in their own individual cases, as designated by the Clerk of Court; the Clerk shall open 3 separate action as directed in this order for plaintiffs Benton, Anderson and Suddeth; each plaintiff's original complaint is DISMISSED with leave to file an amended complaint; and each plaintiff has 30 days to file an amended complaint and new ifp application. (Yin, K)
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