Monclova-Chavez v. McEachern et al

Monclova-Chavez v. McEachern et al

Plaintiff:	Maximilian Monclova-Chavez
Defendant:	Eric McEachern, Timothy Miller, Kenneth White and C. O. Tincher
Case Number:	1:2008cv00076
Filed:	January 15, 2008
Court:	US District Court for the Eastern District of California
Office:	Fresno Office
County:	Merced
Presiding Judge:	Anthony W. Ishii
Presiding Judge:	William M. Wunderlich
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By:	None

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Date Filed	Document Text
January 22, 2019	Filing 204 ORDER DENYING 203 Request for Assistance Regarding Writ of Execution signed by Magistrate Judge Barbara A. McAuliffe on 1/22/2019. (Jessen, A)
March 8, 2018	Filing 192 ORDER Requiring Plaintiff's Counsel of Record to Respond to Plaintiff's Motion for Writ of Execution re 191 , signed by Magistrate Judge Barbara A. McAuliffe on 3/7/18. Twenty-One Day Deadline. (Gonzalez, R)
January 6, 2015	Filing 186 FINDINGS and RECOMMENDATIONS Granting Plaintiff's Motion for Default Judgment In Part. Referred to Judge Ishii; Objections to F&R due within 14 days of service of this recommendation, any party may file written objections to these findings and recommendations with the Court and serve a copy on all parties. signed by Magistrate Judge Barbara A. McAuliffe on 1/6/2015. (Herman, H)
July 2, 2014	Filing 184 ORDER Directing Plaintiff to File Supplemental Brief Supporting Motion for Default Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 7/1/14. 30-Day Deadline. (Verduzco, M)
February 12, 2014	Filing 181 ORDER Directing Plaintiff to File Motion for Default Judgment or Seek Dismissal of Remaining Defendant signed by Magistrate Judge Barbara A. McAuliffe on 02/11/2014. (Flores, E)
January 3, 2014	Filing 180 ORDER Adopting 179 FINDINGS AND RECOMMENDATIONS DENYING Plaintiff's 178 Motion for Default Judgment signed by District Judge Anthony W. Ishii on 1/2/2014. (Sant Agata, S)
November 25, 2013	Filing 179 FINDINGS and RECOMMENDATIONS Regarding 178 Plaintiff's Motion for Default Judgment signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2013. Referred to Judge Ishii; Objections to F&R due by 12/12/2013. (Flores, E)
October 15, 2013	Filing 177 ORDER Denying Plaintiff's 176 Motion for Order to Clerk to Re-Enter Default Against Defendant McEachern, signed by Magistrate Judge Barbara A. McAuliffe on 10/15/13. (Gonzalez, R)
September 6, 2013	Filing 175 ORDER DIRECTING Plaintiff to File Motion for Default Judgment or Seek Dismissal of Remaining Defendant; Sixty Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 9/6/2013. (Sant Agata, S)
August 29, 2013	Filing 173 ORDER Directing Plaintiff To File Status Report Regarding Remaining Defendant, Twenty-One Day Deadline, signed by Magistrate Judge Barbara A. McAuliffe on 8/29/2013.(Filing Deadline: 9/19/2013) (Fahrney, E)
August 28, 2013	Filing 172 ORDER Dismissing Defendant Patrick Tincher From This Action, signed by District Judge Anthony W. Ishii on 8/27/2013. C. O. Tincher (Correctional Officer) terminated. (Fahrney, E)
July 30, 2013	Filing 170 ORDER Setting Dates for Telephonic Trial Confirmation Hearing and Trial Dates for Defendant Tincher signed by District Judge Anthony W. Ishii on 07/30/2013. Trial Confirmation Hearing set for 9/3/2013 at 03:00 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 10/8/2013 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Flores, E)
July 19, 2013	Filing 165 ORDER vacating 156 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM to TRANSPORT Maximiliano Monclova Chavez signed by District Judge Anthony W. Ishii on 7/19/2013. (Lundstrom, T)
July 17, 2013	Filing 162 ORDER Denying Plaintiff's 152 Motion to Strike Defendants' Motion in Limine signed by District Judge Anthony W. Ishii on 07/17/2013. (Flores, E)
July 10, 2013	Filing 156 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM to TRANSPORT Maximiliano Monclova Chavez, 1306300354, Plaintiff Witness, signed by District Judge Anthony W. Ishii on 7/9/2013. (Marrujo, C)
June 19, 2013	Filing 148 PRETRIAL ORDER signed by District Judge Anthony W. Ishii on 06/18/2013. Motions In Limine Hearing set for 7/22/2013 at 02:00 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 7/30/2013 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Flores, E)
February 5, 2013	Filing 145 ORDER Setting Trial And Telephonic Trial Confirmation Hearing Dates For Defendants Miller And White, signed by Magistrate Judge Barbara A. McAuliffe on 2/4/2013. (Jury Trial set for 8/6/2013 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anth ony W. Ishii, Trial Confirmation Hearing set for 6/24/2013 at 03:00 PM in Chambers before District Judge Anthony W. Ishii, Jury Trial set for 7/30/2013 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Trial Confirmation Hearing set for 6/17/2013 at 03:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii) (Fahrney, E)
January 17, 2013	Filing 143 ORDER Setting Telephonic Scheduling Conference signed by Magistrate Judge Barbara A. McAuliffe on 01/16/2013. Scheduling Conference set for 2/4/2013 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Flores, E)
January 16, 2013	Filing 142 ORDER Discharging 139 Order to Show Cause, signed by District Judge Anthony W. Ishii on 1/16/2013. (The Court ORDERS the parties to meet and confer at their earliest convenience for the purpose of preparing a joint pretrial statement and to file such statement with the Court by 4:00 p.m. Friday, February 15, 2013. The Court further refers the case to the Magistrate Judge for a trial-setting conference. The order to show cause is hereby discharged.)(Gaumnitz, R)
January 4, 2013	Filing 139 ORDER to SHOW CAUSE Why Action should not be Dismissed; ORDER VACATING January 7, 2013 Hearing; Ten-Day Deadline signed by District Judge Anthony W. Ishii on 1/3/2013. (Sant Agata, S)
December 7, 2012	Filing 134 SECOND ORDER REQUIRING Defendants Tincher, White, and Miller to Notify Court Whether They Will Consent to Magistrate Judge Jurisdiction Within Twenty Days; ORDER DIRECTING Clerk of Court to Send Consent Forms to Defendants, signed by Magistrate Judge Barbara A. McAuliffe on 12/7/2012. (Marrujo, C)
November 28, 2012	Filing 133 ORDER Striking Motions 131 , 132 , signed by Magistrate Judge Barbara A. McAuliffe on 11/27/12. (Verduzco, M)
August 24, 2012	Filing 130 AMENDED ORDER Setting Dates for Defendant Tincher, signed by Magistrate Judge Barbara A. McAuliffe on 8/23/12. Telephonic Trial Confirmation Hearing set for 6/24/2013 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii, Jury Trial set for 8/6/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Gonzalez, R)
August 21, 2012	Filing 129 ORDER Setting Dates for Defendant Tincher, signed by Magistrate Judge Barbara A. McAuliffe on 8/21/12. Trial Confirmation Hearing set for 6/24/2013 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii, Jury Trial set for 8/8/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Gonzalez, R)
July 13, 2012	Filing 126 ORDER Setting Telephonic Scheduling Conference, signed by Magistrate Judge Barbara A. McAuliffe on 7/13/2012.(Telephonic Conference set for 8/21/2012 at 10:00 AM in Chambers before Chief Judge Anthony W. Ishii) (Fahrney, E)
June 21, 2012	Filing 125 ORDER Re: 113 Motion to Bifurcate and/or Sever Action, signed by Chief Judge Anthony W. Ishii on 6/21/2012. (Figueroa, O)
June 7, 2012	Filing 124 ORDER VACATING Hearing Date of June 18, 2012 and Taking Matter Under Submission, signed by Chief Judge Anthony W. Ishii on 6/7/2012. ( 113 MOTION to BIFURCATE set for hearing 6/18/2012 is hereby VACATED, and the parties shall not appear. The Court will take the matter under submission and thereafter issue its decision.) (Gaumnitz, R)
June 1, 2012	Filing 122 ORDER Extending Time For Defendant Tincher To File Reply In Support Of Motion To Bifurcate (ECF No. 121 ), Reply Due June 4, 2012, signed by Magistrate Judge Barbara A. McAuliffe on 6/1/2012. (Replies due by 6/4/2012) (Fahrney, E)
May 30, 2012	Filing 120 ORDER DENYING 116 Plaintiff's Motion for Scheduling a Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2012. (Jessen, A)
April 23, 2012	Filing 112 ORDER After Hearing Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 4/23/2012. (Telephonic Motion to Bifurcate Hearing set for 6/18/2012 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Telephonic Trial Confirmation Hearing set for 1/7/2013 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial set for 2/20/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii.) (Marrujo, C)
March 30, 2012	Filing 109 ORDER Requiring Defendants Tincher, White and Miller to Notify Court Whether they will Consent to Magistrate Judge Jurisdiction within Twenty Days; ORDER Directing Clerk of Court to Send Consent Forms to Defendants signed by Chief Judge Anthony W. Ishii on 03/29/2012. (Flores, E)
March 1, 2012	Filing 107 ORDER Directing Clerk of the Court to Administratively Redesignate Case as a Regular Civil Action signed by Magistrate Judge Barbara A. McAuliffe on 02/29/2012. (Flores, E)
October 4, 2011	Filing 100 ORDER granting 97 Motion to reopen discovery signed by Magistrate Judge Sandra M. Snyder on 10/3/2011. Discovery Cut-off 12/9/11. (Lundstrom, T)
May 31, 2011	Filing 94 ORDER DENYING AS MOOT 74 Motion to Compel; ORDER GRANTING 89 Motion to file an amended answer;ORDER DENYING WITH PREJUDICE 90 Motion to amend the scheduling order, signed by Magistrate Judge Sandra M. Snyder on 05/27/2011. (Martin, S)
March 31, 2011	Filing 85 ORDER Adopting Findings and Recommendations 78 and Denying Plaintiff's Motion for Entry of Default Judgment without Prejudice 58 , signed by Chief Judge Anthony W. Ishii on 3/31/11. (Verduzco, M)
March 17, 2011	Filing 79 ORDER Adopting Findings and Recommendations 75 ; ORDER Denying Motion for Summary Judgment 62 , signed by Chief Judge Anthony W. Ishii on 3/16/11. (Verduzco, M)
February 15, 2011	Filing 78 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sheila K. Oberto on 2/15/2011 recommending that 58 MOTION for DEFAULT JUDGMENT filed by Maximilian Monclova-Chavez be DENIED, without prejudice. Referred to Judge Anthony W. Ishii; Objections to F&R due by 3/11/2011. (Lundstrom, T)
January 5, 2011	Filing 75 FINDINGS And RECOMMENDATIONS Recommending That Defendant's Motion For Summary Judgment Be DENIED (Doc. 62 ), signed by Magistrate Judge Sheila K. Oberto on 1/4/2011. F&R's referred to Judge Anthony W. Ishii; Objections to F&R due by 2/7/2011. (Fahrney, E)
December 9, 2010	Filing 73 ORDER GRANTING 67 Motion and 69 Motion for Subpoena Duces Tecum, signed by Magistrate Judge Sheila K. Oberto on 12/07/2010. (Attachments: # 1 Subpoena Duces Tecum) (Original Subpoena also mailed to Defendants)(Martin, S)
December 8, 2010	Filing 71 ORDER granting 55 Motion for Entry of Default as to Eric McEachern signed by Magistrate Judge Sheila K. Oberto on 12/7/2010. (Lundstrom, T)
September 21, 2010	Filing 64 ORDER Referring Pending Motion for Summary Judgment to Magistrate Judge Sheila K. Oberto; ORDER Vacating October 4, 2010 Hearing Date, signed by Chief Judge Anthony W. Ishii on 9/20/2010. (Verduzco, M)
August 30, 2010	Filing 61 ORDER DENYING 51 and 52 Defendants' Motions, filed on April 21, 2010, signed by Magistrate Judge Sheila K. Oberto on 08/27/2010. (Martin, S)
December 23, 2009	Filing 41 ORDER ADOPTING 40 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 28 Motion, signed by Chief Judge Anthony W. Ishii on 12/23/2009. (Sondheim, M)
November 17, 2009	Filing 40 FINDINGS and RECOMMENDATIONS Recommending Denial of 28 Motion for Preliminary Injunctive Relief; Objections due Within 30 Days signed by Magistrate Judge Sandra M. Snyder on 11/17/2009. Referred to Judge Anthony W. Ishii. Objections to F&R due by 12/21/2009. (Bradley, A)
August 12, 2009	Filing 25 ORDER, signed by Magistrate Judge Sandra M. Snyder on 8/12/09: The U.S. Marshal is directed to effect service of process upon the U.S. Attorney and the Attorney General in accord with Federal Rule of Civil Procedure 4(i); Within 45 days of the date o f service of this order, the U.S. Marshal shall submit to the Court a return of service, indicating service or attempts to effect service upon U.S. Attorney and the Attorney General; The Clerk's Office is DIRECTED to serve a copy of this order upon the U.S. Marshal. (Hellings, J)
April 30, 2009	Filing 21 Discovery/Scheduling ORDER signed by Magistrate Judge William M. Wunderlich on 4/30/2009. Unenumerated Rule 12(b) Motion due by 6/30/2009; Amended Pleadings due by 10/30/2009; Discovery due by 12/20/2009; Dispositive Motion due by 2/22/2010. (Esteves, C)
February 13, 2009	Filing 14 ORDER DENYING 13 Motion to Appoint Counsel signed by Magistrate Judge William M. Wunderlich on 2/13/2009. (Figueroa, O)
January 17, 2008	Filing 6 FIRST INFORMATIONAL ORDER signed by Judge William M. Wunderlich on 1/17/2008. (Esteves, C)

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Plaintiff: Maximilian Monclova-Chavez
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Defendant: Eric McEachern
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Defendant: Timothy Miller
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Defendant: Kenneth White
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Defendant: C. O. Tincher
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