Halliday et al v. Spjute et al
Plaintiff: Glen Halliday, Ashley M. Ioane, Michael S. Ioane, Jr., Michael S. Ioane, Sr. and Shelly J. Ioane
Defendant: Kent R. Spjute, Jean Nole, Jeff Hodges, Brian Applegate, Michelle M. Casarez and United States
Case Number: 1:2007cv00620
Filed: April 24, 2007
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: XX US, Outside State
Presiding Judge: Dennis L. Beck
Presiding Judge: Oliver W. Wanger
Nature of Suit: P.I.: Other
Cause of Action: 42:1981 Civil Rights
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
October 19, 2020 Opinion or Order Filing 593 ORDER DENYING 572 Motion to Reopen Discovery for Limited Purpose of Compelling Deposition of Defendant Jean Noll. Plaintiff Shelly Ioane's Motion to Strike the Supplemental Declaraion and Exhibits file by Noll 587 is DENIED. Order signed by Magistrate Judge Erica P. Grosjean on 10/19/2020. (Timken, A)
September 30, 2020 Opinion or Order Filing 585 ORDER RE: REQUEST FOR STAY signed by District Judge Anthony W. Ishii on 9/30/2020. (Gonzales, V)
September 25, 2020 Opinion or Order Filing 578 Order GRANTING 565 Motion for Follow Up Psychological Examination of Plaintiff Shelly Ioane pursuant to Federal Rule of Civil Procedure 35, signed by Magistrate Judge Erica P. Grosjean on 9/25/2020. (Rosales, O.)
September 4, 2020 Opinion or Order Filing 563 ORDER regarding expert discovery deadlines and briefing schedule for defendant's motion for supplemental Rule 35 examination of plaintiff, document 562 . Rule 35 Motion Hearing set for September 25, 2020, at 10:00 AM in Courtroom 10 (EPG) befo re Magistrate Judge Erica P. Grosjean. Motion briefing schedule as follows: 1) Defendant's Motion, Brief and Supporting Papers due September 11, 2020; 2) Plaintiff's Response due September 18, 2020; and 3)Defendant's Reply due Septembe r 22, 2020. For telephonic participation, each party is directed to use the following dial-in number and passcode: Dial-in number 1-888-251-2909; Passcode 1024453. The Court additionally modifies the expert discovery deadlines as follows: 1) Rebuttal Expert Disclosure Deadline set for October 9, 2020; and 2) Expert Discovery Cutoff is October 30, 2020. Order signed by Magistrate Judge Erica P. Grosjean on September 4, 2020. (Rooney, M)
August 7, 2020 Opinion or Order Filing 555 STIPULATION and ORDER GRANTING the parties' request for an extension of time to 8/21/2020 to complete the deposition of Shelly Ioane. Order signed by Magistrate Judge Erica P. Grosjean on 8/7/2020. (Rooney, M)
July 24, 2020 Opinion or Order Filing 552 ORDER RE: MOTION FOR PARTIAL SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR AN ORDER TREATING SPECIFIED FACTS AS ESTABLISHED (Doc. No. 506 ) signed by District Judge Anthony W. Ishii on 7/24/2020. (Gonzales, V)
July 22, 2020 Opinion or Order Filing 551 PROTECTIVE ORDER signed by Magistrate Judge Erica P. Grosjean on 7/22/2020. (Rooney, M)
June 22, 2020 Opinion or Order Filing 542 ORDER GRANTING IN PART MOTION TO COMPEL; EXTENDING NON-EXPERT DISCOVERY DEADLINE, AND DENYING MOTION FOR SANCTIONS, 536 and 540 . Order signed by Magistrate Judge Erica P. Grosjean on 6/19/2020. (Timken, A)
May 29, 2020 Opinion or Order Filing 531 ORDER RE: MOTION FOR NEW TRIAL AND MOTION TO FILE AMENDED COMPLAINT (Docs. 473 and 480 ), signed by District Judge Anthony W. Ishii on 05/28/2020. Michael Ioane's motion for new trial is DENIED. Michael Ioane's motion for leave to file an amended complaint is DENIED. (Gonzales, V)
April 27, 2020 Opinion or Order Filing 527 ORDER GRANTING PERMISSION FOR THE FILING OF A MOTION TO COMPEL, EXTENDING EXPERT DISCOVERY AND SUBSEQUENT DEADLINES; DENYING IN PART MOTION TO EXTEND DISCOVERY DEADLINES; AND DENYING WITHOUT PREJUDICE MOTION FOR FOL LOW-UP EXAMINATION, 516 , 518 . The Court grants an extension of time in relation to fact-discovery requests that have already been served as follows: i. Defendant has permission to file, no later than June 12, 2020, a motion to compe l regarding any discovery requests already served on Plaintiff that were discussed during the April 23, 2020, informal discovery dispute conference. ii. A hearing on said motion is set for 6/19/2020, at 10:00 a.m., in Courtroom 10 (EPG) before M agistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are reminded to file a joint statement regarding discovery di sagreement one full week prior to the hearing and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judges review. The schedule in this case is modified as follows: Expert Disclosure Deadline: 8/24/2020. R ebuttal Expert Disclosure Deadline: 9/24/2020. Expert Discovery Cutoff: 10/23/2020. Dispositive Motion Filing Deadline: 11/20/2020. Pretrial Conference set for 3/24/2021, at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Is hii. Motion Hearing set for 5/3/2021, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 5/25/2021, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Erica P. Grosjean on 4/27/2020. (Timken, A)
February 18, 2020 Opinion or Order Filing 507 ORDER GRANTING Additional Expert Discovery and Setting Schedule; ORDER DIRECTING Clerk of Court to Correct Docket to Correctly Reflect the Spelling of Defendant Jean Noll's Last Name signed by Magistrate Judge Erica P. Grosjean on 2/13/2020. (Sant Agata, S)
September 23, 2019 Opinion or Order Filing 499 ORDER DENYING MOTION TO PARTICIPATE IN THE CM/ECF SYSTEM 476 , signed by Magistrate Judge Erica P. Grosjean on 09/23/2019. (Gonzales, V)
October 18, 2016 Opinion or Order Filing 474 ORDER re: Briefing Schedule, signed by District Judge Anthony W. Ishii on 10/17/2016. (Kusamura, W)
September 26, 2016 Opinion or Order Filing 470 ORDER RE: EMERGENCY EX PARTE MOTION TO HAVE MICHAEL IOANE SR. RETURNED TO TAFT CORRECTIONAL INSTITUTE CAMP IMMEDIATELY, signed by District Judge Anthony W. Ishii on 9/23/2016. (Kusamura, W)
September 22, 2016 Opinion or Order Filing 468 ORDER GRANTING ENTRY OF FINAL JUDGMENT IN FAVOR OF BRIAN APPLEGATE AND JEFFREY HODGE UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(b), signed by District Judge Anthony W. Ishii on 9/21/2016. (Kusamura, W)
September 9, 2016 Opinion or Order Filing 458 ORDER DISMISSING PLAINTIFF SHELLY IOANE'S CLAIMS AGAINST DEFENDANTS BRIAN APPLEGATE AND JEFFREY HODGE FOR LACK OF PROSECUTION, signed by District Judge Anthony W. Ishii on 9/9/2016. (Kusamura, W)
September 1, 2016 Opinion or Order Filing 437 ORDER RE: MOTIONS FOR RECONSIDERATION AND EX PARTE MOTION TO AMEND, signed by District Judge Anthony W. Ishii on 9/1/2016. (Docs. 410 , 412 , and 435 )(Kusamura, W)
August 29, 2016 Opinion or Order Filing 434 ORDER re Motions in Limine, signed by District Judge Anthony W. Ishii on 8/29/2016. (Kusamura, W)
August 23, 2016 Opinion or Order Filing 432 ORDER & WRIT of Habeas Corpus Ad Testificandum to Transport Michael Ioane, Sr., #64460-097, on September 7, 2016 at 8:30 a.m. in Courtroom 2, 8th Floor, Fresno, CA, signed by District Judge Anthony W. Ishii on 08/22/2016. (Martin-Gill, S)
August 18, 2016 Opinion or Order Filing 428 ORDER granting 423 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 8/17/2016. (Lundstrom, T)
August 10, 2016 Opinion or Order Filing 418 ORDER DIRECTING PLAINTIFF MICHAEL IOANE SR TO FILE AN APPLICATION FOR IN FORMA PAUPERIS STATUS AND PROVIDE A SUMMARY OF ANTICIPATED TESTIMONY FOR EACH WITNESS HE SEEKS TO SUBPOENA FOR TRIAL, signed by District Judge Anthony W. Ishii on 7/10/2016. (Kusamura, W)
July 19, 2016 Opinion or Order Filing 405 ORDER RE: DEFENDANTS' MOTION TO BIFURCATE, OR IN THE ALTERNATIVE, TO SEVER, signed by District Judge Anthony W. Ishii on 7/19/2016. (Kusamura, W)
May 9, 2016 Opinion or Order Filing 387 ORDER DIRECTING DEFENDANT'S TO RESPOND TO PLAINTIFF'S OBJECTIONS, signed by District Judge Anthony W. Ishii on 5/9/2016. (Kusamura, W)
April 19, 2016 Opinion or Order Filing 384 ORDER re: 369 Motion for Summary Adjudication, signed by District Judge Anthony W. Ishii on 4/19/2016. (Kusamura, W)
April 13, 2016 Opinion or Order Filing 383 ORDER Directing Defendants to Respond to Plaintiffs' Objection, signed by District Judge Anthony W. Ishii on 4/13/2016. (Kusamura, W)
March 31, 2016 Opinion or Order Filing 379 ORDER RE: MOTION TO BIFURCATE TRIAL OR TO CONTINUE THE TRIAL DATE, signed by District Judge Anthony W. Ishii on 3/31/2016. (Kusamura, W)
March 30, 2016 Opinion or Order Filing 378 ORDER RE: REQUESTS FOR ADDITIONAL MONTHLY PHONE MINUTES AT TAFT CORRECTIONAL INSTITUION AND TO FILE RECORDS UNDER SEAL, signed by District Judge Anthony W. Ishii on 3/29/2016. (Kusamura, W)
November 23, 2015 Opinion or Order Filing 366 ORDER DENYING 360 Motion for Reconsideration signed by District Judge Anthony W. Ishii on 11/20/2015. (Jessen, A)
November 18, 2015 Opinion or Order Filing 365 ORDER Setting Trial Schedule, signed by District Judge Anthony W. Ishii on 11/17/2015. (Motions in limine to be filed by 4/18/2016, Oppositions due by 5/2/2016, Replies due by 5/9/2016, and Motions in Limine Hearing set for 5/23/2016, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) (Gaumnitz, R)
September 29, 2015 Opinion or Order Filing 357 ORDER RE: 355 Request for Evidentiary Items signed by Magistrate Judge Gary S. Austin on 9/28/2015. (Martinez, A)
September 1, 2015 Opinion or Order Filing 354 ORDER RE: 348 Request to Magistrate Judge for Additional Discovery signed by Magistrate Judge Gary S. Austin on 9/1/2015. (Martinez, A)
August 28, 2015 Opinion or Order Filing 352 ORDER DENYING 348 Request to Magistrate Judge to Order Clerk to Issue Trial Subpoenas for Pro Per Plaintiff signed by District Judge Anthony W. Ishii on 8/28/2015. (Sant Agata, S)
August 18, 2015 Opinion or Order Filing 347 ORDER Granting In Part and Denying In Part Defendants' 339 Motion for Discovery Sanctions signed by Magistrate Judge Gary S. Austin on 8/18/2015. (Martinez, A)
August 7, 2015 Opinion or Order Filing 344 ORDER Re: 322 Motion to Stay Proceedings, signed by District Judge Anthony W. Ishii on 8/6/2015. (The request for a stay or dismissal without prejudice is DENIED.) (Gaumnitz, R)
July 13, 2015 Opinion or Order Filing 335 ORDER DENYING 331 Motion for Reconsideration signed by District Judge Anthony W. Ishii on 7/10/2015. (Sant Agata, S)
June 30, 2015 Opinion or Order Filing 329 ORDER Granting 318 Motion to Compel Psychological Examinations of Michael and Shelly Ioane signed by Magistrate Judge Gary S. Austin on 6/30/2015. (Martinez, A)
May 18, 2015 Opinion or Order Filing 313 ORDER RE: Shelly Ioane's Motion to Continue Discovery Cut-Off re 219 signed by Magistrate Judge Gary S. Austin on 5/18/2015. (Martinez, A)
April 30, 2015 Opinion or Order Filing 303 ORDER Denying Plaintiff's Motion to Allow Additional Interrogatories re 225 , 229 signed by Magistrate Judge Gary S. Austin on 4/30/2015. (Martinez, A)
April 29, 2015 Opinion or Order Filing 301 ORDER and Writ of Habeas Corpus Ad Testificandum to Make available for Telephonic Testimony Michael Scott Ioane, Inmate No. 64460-097 on May 1, 2015 at 10:00 a.m., Courtroom 10 before Magistrate Judge Gary S. Austin, signed by Magistrate Judge Gary S. Austin on 04/29/2015. (Martin-Gill, S)
April 27, 2015 Opinion or Order Filing 299 ORDER RE Plaintiff Shelley Ioane's Motion to Compel Responses to Interrogatories and Requests for Production of Documents re 220 signed by Magistrate Judge Gary S. Austin on 4/27/2015. (Martinez, A)
April 24, 2015 Opinion or Order Filing 298 ORDER DENYING Plaintiff's Motion for Order Deeming Matters Admitted, signed by Magistrate Judge Gary S. Austin on 4/23/2015. (Kusamura, W)
April 23, 2015 Opinion or Order Filing 297 ORDER re: Plainitff's Motion to Compel responses to Interrogatories, signed by Magistrate Judge Gary S. Austin on 4/23/2015. (Kusamura, W)
March 30, 2015 Opinion or Order Filing 294 ORDER Continuing Specified Motions From the Court's Calendar Pending the May 1, 2015 Hearing Set in This Matter (Docs. 212 , 213 , 217 , 219 , 220 , 221 , 225 , 240 , 259 ) signed by Magistrate Judge Gary S. Austin on 3/30/2015. (Martinez, A)
February 26, 2015 Opinion or Order Filing 291 ORDER Re: 250 Motions in Limine, signed by District Judge Anthony W. Ishii on 2/26/2015. (These motions in limine are premature. Defendants motion is DENIED without prejudice to refiling at a later date set by pretrial order.) (Gaumnitz, R)
January 13, 2015 Opinion or Order Filing 280 ORDER DENYING 254 and 266 Motion to Stay; ORDER GRANTING Request for Judical Notice and DENYING Request to Amend Motion to Stay as to 275 and 276 , signed by District Judge Anthony W. Ishii on 1/13/15. (Martin-Gill, S)
October 2, 2014 Opinion or Order Filing 274 ORDER VACATING Pretrial Conference and Trial Dates, signed by District Judge Anthony W. Ishii on 10/2/2014. (In order to allow the court additional time to address motions, the pretrial conference set 10/23/2014, and trial date set December 16, 2014, are VACATED.) (Gaumnitz, R)
July 17, 2014 Opinion or Order Filing 258 ORDER RE Plaintiff's 214 Motion to Compel Responses to Second Request for the Production of Documents and Things signed by Magistrate Judge Gary S. Austin on 7/17/2014. (Martinez, A)
July 10, 2014 Opinion or Order Filing 253 AMENDED ORDER RE Plaintiffs' Motion for a Discovery Protective Order re 223 , 235 signed by Magistrate Judge Gary S. Austin on 7/10/2014. The parties are advised that the contents of this order are identical to the contents of th e Court's order (Doc. 251 ) issued on June 27, 2014. This amended order is issued only to correct the caption of the prior order (Doc. 251 ), which erroneously referenced Defendants' Motion for a Discovery Protective Order. (Martinez, A)
June 27, 2014 Opinion or Order Filing 251 ORDER RE Defendants' Motion for a Discovery Protective Order re 223 , 235 signed by Magistrate Judge Gary S. Austin on 6/27/2014. (Martinez, A)
February 19, 2014 Opinion or Order Filing 209 ORDER Denying Plaintiffs' Ex Parte Requests Without Prejudice re 201 , 206 , 207 signed by Magistrate Judge Gary S. Austin on 2/19/2014. (Martinez, A)
February 14, 2014 Opinion or Order Filing 205 ORDER re Defendants' 193 Motion to Compel Attendance at Deposition signed by Magistrate Judge Gary S. Austin on 2/14/2014. Motion GRANTED. (Martinez, A)
January 10, 2014 Opinion or Order Filing 183 ORDER Re: Defendants' 182 Motion for Leave to Depose a Person Confined in Prison signed by Magistrate Judge Gary S. Austin on 1/9/2014. (Martinez, A)
December 31, 2013 Opinion or Order Filing 181 ORDER granting Plaintiff's request for service of court orders and filings by mail re 178 signed by Magistrate Judge Gary S. Austin on 12/31/2013. (Lundstrom, T)
October 2, 2013 Opinion or Order Filing 163 ORDER GRANTED IN PART AND DENIED IN PART 131 Motion to Dismiss,only remaining claim is the second cause of action, in which Shelly Ioane and Michael Ioane, Sr., have against the Federal Agents; All other Plaintiffs and Defendants DISMISSED from this case; ORDER DENYING 146 Motion to Amend the Complaint, signed by District Judge Anthony W. Ishii on 10/1/13. (Martin-Gill, S)
April 29, 2013 Opinion or Order Filing 158 ORDER Re: 148 Motion for Stay, signed by District Judge Anthony W. Ishii on 4/29/13. (Gonzalez, R)
February 21, 2013 Opinion or Order Filing 154 ORDER VACATING hearing date of February 25, 2013 and taking matter under submission, signed by District Judge Anthony W. Ishii on 2/20/2012. (Figueroa, O)
January 10, 2013 Opinion or Order Filing 145 ORDER Vacating Hearing Date of January 14, 2013 and Taking Matter Under Submission, signed by District Judge Anthony W. Ishii on 1/9/2013. (IT IS HEREBY ORDERED that the previously set hearing date of January 14,2013, is VACATED, and no party shall appear at that time. As of that date, the court will take the matter 131 under submission and will thereafter issue its decision.)(Gaumnitz, R)
December 17, 2012 Opinion or Order Filing 138 ORDER Regarding Plaintiffs' 129 Motion to Stay signed by Magistrate Judge Gary S. Austin on 12/17/2012. (Martinez, A)
December 6, 2011 Opinion or Order Filing 105 ORDER VACATING hearing date of December 12, 2011 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 12/6/2011. (Figueroa, O)
November 23, 2009 Opinion or Order Filing 90 ORDER Granting Extension of Stay and Vacating Status Conference of December 2, 2009 signed by Magistrate Judge Gary S. Austin on 11/23/2009. (Esteves, C)
October 19, 2007 Opinion or Order Filing 25 ORDER Setting Mandatory Scheduling Conference signed by Judge Oliver W. Wanger on 10/18/2007. Scheduling Conference set for 1/11/2008 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Esteves, C)
October 12, 2007 Opinion or Order Filing 24 ORDER VACATING JUDGMENT and DIRECTING Clerk of Court to Reopen Case signed by Judge Dennis L. Beck on 10/11/2007. Case reopened. (Arellano, S.)
October 2, 2007 Opinion or Order Filing 22 (VACATED) ORDER DISMISSING CASE and DIRECTING judgment to be entered; CASE DISMISSED without prejudice for plaintiff's failure to pay the mandatory filing fee; order signed by Judge Oliver W. Wanger on 10/2/07. (Rooney, M)
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Search for this case: Halliday et al v. Spjute et al
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Plaintiff: Glen Halliday
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Plaintiff: Ashley M. Ioane
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Plaintiff: Michael S. Ioane, Jr.
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Plaintiff: Michael S. Ioane, Sr.
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Plaintiff: Shelly J. Ioane
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Defendant: Kent R. Spjute
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Defendant: Jean Nole
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Defendant: Jeff Hodges
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Defendant: Brian Applegate
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Defendant: Michelle M. Casarez
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Defendant: United States
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