Nehara v. State of California et al
Plaintiff: Ram Nehara
Defendant: State of California, Department of Corrections and Rehabilitation, North Kern State Prison, Michael Cavanaugh, Alfred Castro, Evelyn Dionisio, Milgros Albano, Reynaldo Dimaano, Alan Tom, Leif Agbayani, Vida McMillen, Judy Pierce, Reynoldo Reyes, Phillip A. Mallory, David Ramos and Richard Gibbons
Case Number: 1:2010cv00491
Filed: March 17, 2010
Court: US District Court for the Eastern District of California
Office: Fresno Office
Presiding Judge: Jennifer L Thurston
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 17, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2016 Filing 262 MANDATE of USCA as to #248 Notice of Appeal, filed by Ram Nehara (Flores, E)
May 25, 2016 Filing 261 MEMORANDUM of USCA as to #248 Notice of Appeal, filed by Ram Nehara. District Court's decision AFFIRMED. (Jessen, A)
July 21, 2014 Opinion or Order Filing 260 ORDER of USCA as to #248 Notice of Appeal, filed by Ram Nehara; The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status. (Fahrney, E)
June 6, 2014 Filing 259 TRANSCRIPT of Proceedings held on 4-10-13, Trial Testimony of Reynaldo Dimaano before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/27/2014. Redacted Transcript Deadline set for 7/10/2014. Release of Transcript Restriction set for 9/5/2014. (Hooven, K)
June 6, 2014 Filing 258 TRANSCRIPT of Proceedings held on 4-12-13, Oral Arguments on Wage Loss before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/27/2014. Redacted Transcript Deadline set for 7/10/2014. Release of Transcript Restriction set for 9/5/2014. (Hooven, K)
June 6, 2014 Filing 257 TRANSCRIPT of Proceedings held on 4-3-13, Opening Statements before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/27/2014. Redacted Transcript Deadline set for 7/10/2014. Release of Transcript Restriction set for 9/5/2014. (Hooven, K)
May 30, 2014 Filing 256 TRANSCRIPT REQUEST by Ram Nehara re #248 Notice of Appeal, (Anderson, Michael)
May 21, 2014 Filing 255 COSTS TAXED in the amount of $ 14,426.94 against Plaintiff. (Hall, S)
May 8, 2014 Filing 254 TRANSCRIPT of Proceedings held on 7/31/2013, before Magistrate Judge Jennifer L. Thurston. MOTION FOR A NEW TRIAL AND/OR RELIEF FROM JUDGMENT HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/30/2014. Redacted Transcript Deadline set for 6/9/2014. Release of Transcript Restriction set for 8/7/2014. (Figueroa, O)
May 2, 2014 Filing 253 TRANSCRIPT REQUEST by Ram Nehara re #248 Notice of Appeal, (Attachments: #1 Attachment, #2 Notice Notice of Designation of Record, #3 Certification of Nicholas A. Hnatiuk)(Anderson, Michael)
May 1, 2014 Filing 252 USCA CASE NUMBER 14-15860 for #248 Notice of Appeal, filed by Ram Nehara. (Martin-Gill, S)
May 1, 2014 Filing 251 TRANSCRIPT REQUEST by Department of Corrections and Rehabilitation (Skelly, Noreen)
May 1, 2014 Filing 250 APPEAL PROCESSED to Ninth Circuit re #248 Notice of Appeal, filed by Ram Nehara. Notice of Appeal filed *4/3/2014*, Complaint filed *3/17/2010* and Appealed Order / Judgment filed *7/31/2013*. Court Reporter: *K. Hooven*. *Fee Status: IFP Pending* (Attachments: #1 Appeal Information) (Jessen, A)
April 29, 2014 Filing 249 TRANSCRIPT REQUEST by Department of Corrections and Rehabilitation (Skelly, Noreen)
April 3, 2014 Filing 248 NOTICE of APPEAL by Ram Nehara as to #209 Order,, Set/Reset Deadlines and Hearings,, Set/Clear Flags,, Order on Motion for New Trial,, Order on Motion for Attorney Fees,,,. (Attachments: #1 Statement Representation Statement)(Anderson, Michael)
April 3, 2014 Filing 247 MOTION to PROCEED IN FORMA PAUPERIS by Ram Nehara. (Attachments: #1 Affidavit)(Anderson, Michael).
April 3, 2014 Filing 246 CLERK'S NOTICE (text only): Please Disregard #245 MOTION to PROCEED IN FORMA PAUPERIS as this Motion was Filed in Error. (Flores, E)
April 3, 2014 Filing 245 MOTION to PROCEED IN FORMA PAUPERIS by Ram Nehara. (Attachments: #1 Affidavit)(Anderson, Michael)
April 3, 2014 Filing 244 CLERK'S NOTICE (text only): Please Disregard #243 MOTION to PROCEED IN FORMA PAUPERIS as this Motion was Filed in Error. (Flores, E)
April 3, 2014 Filing 243 MOTION to PROCEED IN FORMA PAUPERIS by Ram Nehara. (Attachments: #1 Affidavit)(Anderson, Michael)
March 25, 2014 Filing 242 OBJECTIONS by Plaintiff Ram Nehara to #241 Bill of Costs Submitted. (Anderson, Michael)
March 18, 2014 Filing 241 BILL of COSTS SUBMITTED by Department of Corrections and Rehabilitation. (Attachments: #1 Exhibit 3 and 4)(Austin, Andrea)
March 5, 2014 Opinion or Order Filing 240 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 3/5/2014: In light of the Stipulation for Dismissal #239 , all pending motions and hearing dates, including the pretrial conference and trial, are VACATED. CASE CLOSED. (Hall, S)
March 4, 2014 Filing 239 STIPULATION for Dismissal by Ram Nehara. (Anderson, Michael)
March 3, 2014 Filing 238 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: Telephonic conference re: dismissal HELD in chambers and off the record on 3/3/2014. No formal resolution reached. Plaintiffs Counsel N. Hnatiuk present. Defendants Counsel A. Austin and N. Skelly present. (Hall, S)
March 3, 2014 Opinion or Order Filing 237 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 3/3/2014: At the request of counsel, the Court sets a TELEPHONIC CONFERENCE re Status for 3/3/2014 at 04:00 PM before Magistrate Judge Jennifer L. Thurston. Plaintiff's counsel is DIRECTED to initiate a one-line conference call with defense counsel and, when all parties are on the line, call the Court at 661-326-6620. (Hall, S)
February 13, 2014 Opinion or Order Filing 236 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 2/3/2014: To accommodate the Court's schedule, the Motion for Sanctions #233 currently set for hearing on 2/27/2014 at 09:30 AM is RESET for 3/11/2014 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Appearances via CourtCall are authorized. (Hall, S)
February 12, 2014 Filing 235 NOTICE OF MOTION FOR SANCTIONS by Department of Corrections and Rehabilitation re #233 MOTION for SANCTIONS . (Austin, Andrea)
February 12, 2014 Filing 234 DECLARATION of Andrea R. Austin in SUPPORT OF #233 MOTION for SANCTIONS . (Attachments: #1 Exhibit A-L)(Austin, Andrea)
February 12, 2014 Filing 233 MOTION for SANCTIONS by Department of Corrections and Rehabilitation. Motion Hearing set for 2/27/2014 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Austin, Andrea)
January 31, 2014 Filing 232 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: TELEPHONIC CONFERENCE re DISCOVERY DISPUTE HELD in chambers and off the record on 1/31/2014. In light of his failure to appear at his properly-noticed deposition on 1/30/2014, Plaintiff is ORDERED to appear for deposition at 9:30 a.m. on 2/10/2014 either at Ms. Austin's office or at a court reporter's office. Ms. Austin will confirm the location via a deposition notice issued by e-mail for fax to Plaintiff's counsel no later than 2/3/2014. Plaintiff's counsel SHALL confirm by noon on 2/7/2014 whether Plaintiff will appear at the deposition. Plaintiff is strongly advised that his failure to appear for his deposition SHALL result in sanctions up to and including an order dismissing this case. Defendant is authorized to file its motion for sanctions for Plaintiff's failure to appear at his deposition but SHALL provide an itemization of its costs related to the motion to Plaintiff's counsel via e-mail or fax no later than close of business on 2/3/2014. Plaintiffs Counsel M. Anderson and N. Hnatiuk present. Defendants Counsel A. Austin present. (Hall, S)
January 29, 2014 Opinion or Order Filing 231 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 1/29/2014: At the request of the parties, the Court sets a TELEPHONIC CONFERENCE re Discovery Dispute for 1/31/2014 at 03:00 PM before Magistrate Judge Jennifer L. Thurston. The moving party is DIRECTED to initiate a one-line conference call with counsel and, when all parties are on the line, call the Court at 661-326-6620. (Hall, S)
November 8, 2013 Filing 230 TRANSCRIPT of Proceedings held on 4-8-13, Trial Testimony of Ana Lucia Chiles before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/29/2013. Redacted Transcript Deadline set for 12/9/2013. Release of Transcript Restriction set for 2/6/2014. (Hooven, K)
October 28, 2013 Filing 229 TRANSCRIPT of Proceedings held on 4-10-13, Trial Testimony of Ashraf Youssef before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 228 TRANSCRIPT of Proceedings held on 4-9-13, Trial Testimony of Glenda Bailey before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 227 TRANSCRIPT of Proceedings held on 4-9-13, Trial Testimony of Veda McMillon before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 226 TRANSCRIPT of Proceedings held on 4-9-13, Trial Testimony of Leif Agbayani before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 225 TRANSCRIPT of Proceedings held on 4-9-13, Trial Testimony of Alan Tom before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 224 TRANSCRIPT of Proceedings held on 4-9-13, Trial Testimony of Mark Skaggs before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 223 TRANSCRIPT of Proceedings held on 4-8-13, Trial Testimony of Donald Gibbens before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 222 TRANSCRIPT of Proceedings held on 4-5-13, Trial Testimony of Bertha Sanchez before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-265-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 28, 2013 Filing 221 TRANSCRIPT of Proceedings held on 4-4-13, Trial Testimony of Jeffery A. Kirby before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 11/29/2013. Release of Transcript Restriction set for 1/27/2014. (Hooven, K)
October 21, 2013 Filing 220 TRANSCRIPT of Proceedings held on 4-5-13, Trial Testimony of Ram Nehara - Volume 3, before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/12/2013. Redacted Transcript Deadline set for 11/21/2013. Release of Transcript Restriction set for 1/21/2014. (Hooven, K)
October 21, 2013 Filing 219 TRANSCRIPT of Proceedings held on 4-4-13, Trial Testimony of Ram Nehara - Volume 2, before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/12/2013. Redacted Transcript Deadline set for 11/21/2013. Release of Transcript Restriction set for 1/21/2014. (Hooven, K)
October 21, 2013 Filing 218 TRANSCRIPT of Proceedings held on 4-3-13, Trial Testimony of Ram Nehara - Volume 1 before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584, email karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/12/2013. Redacted Transcript Deadline set for 11/21/2013. Release of Transcript Restriction set for 1/21/2014. (Hooven, K)
October 16, 2013 Opinion or Order Filing 217 ORDER DENYING Oral Request to Amend the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 10/16/2013. (Hall, S)
October 15, 2013 Filing 216 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: Telephonic Conference re Amended Scheduling Order HELD in chambers and off the record on 10/15/2013. Court to issue Order. Plaintiffs Counsel M. Anderson and N. Hnatiuk present. Defendants Counsel A. Austin present. (Hall, S)
October 15, 2013 Opinion or Order Filing 215 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 10/15/2013: At the request of the parties, the Court SETS a TELEPHONIC CONFERENCE re Amended Scheduling Order for 10/15/2013 at 1:30 PM before Magistrate Judge Jennifer L. Thurston. Plaintiff's Counsel is DIRECTED to initiate a one-line conference call with defense counsel and, when all parties are on the line, call the Court at 661-326-6620. (Hall, S)
September 18, 2013 Opinion or Order Filing 214 AMENDED SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 9/18/2013. Non-expert Discovery Deadline 3/7/2014. Expert Discovery Deadline 4/4/2014. Non-Dispositive Motion and Dispositive Motion Deadlines: Filed by 4/11/2014; Hearing by 5/23/2014. Pretrial Conference set for 6/19/2014 at 10:00 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 8/4/2014 at 08:30 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)
September 13, 2013 Filing 213 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: TELEPHONIC TRIAL CONFIRMATION HEARING HELD on 9/13/2013. Court to issue Order. Plaintiffs Counsel M. Anderson and N. Hnatiuk present. Defendants Counsel A. Austin and N. Skelly present. Court Reporter/CD Number: Hall/ECRO/FTR. (Hall, S)
September 11, 2013 Filing 212 DESIGNATION of COUNSEL FOR SERVICE., attorney Helene Emilie Swanson terminated (Austin, Andrea)
September 6, 2013 Filing 211 STIPULATION JOINT STATEMENT REGARDING NEW TRIAL [Telephonic appearance requested by all parties] by Department of Corrections and Rehabilitation. (Austin, Andrea)
July 31, 2013 Opinion or Order Filing 210 ORDER on Plaintiff's Objections to Evidence in Support of Motion for New Trial or Relief from Judgment re #206 , signed by Magistrate Judge Jennifer L. Thurston on 7/31/2013. (Hall, S)
July 31, 2013 Opinion or Order Filing 209 ORDER GRANTING Defendant's Motion for Relief from Judgment #195 ; ORDER DENYING Defendant's Motion for New Trial as Moot #188 ; ORDER DENYING Plaintiff's Motion for Attorneys Fees as Moot, signed by Magistrate Judge Jennifer L. Thurston on 7/31/2013. Order Taxing Costs #194 is VACATED. Telephonic Trial Confirmation Hearing set for 9/13/2013 at 09:00 AM before Magistrate Judge Jennifer L. Thurston. (Hall, S)
July 31, 2013 Filing 208 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: HEARING HELD on 7/31/2013 re #195 Motion for New Trial and/or Relief from the Judgment, #188 Renewed Motion for Judgment/New Trial, and #189 Motion for Attorney Fees. MOTIONS #195 #189 #188 SUBMITTED. Plaintiffs Counsel M. Anderson and N. Hnatiuk (telephonic) present. Defendants Counsel A. Austin and N. Skelly present. Court Reporter/CD Number: Hall/ECRO/FTR. (Hall, S)
July 24, 2013 Filing 207 REPLY by Department of Corrections and Rehabilitation re #195 MOTION for NEW TRIAL and/or Relief from the Judgment. (Austin, Andrea)
July 17, 2013 Filing 206 OBJECTIONS by Plaintiff Ram Nehara to #195 MOTION for NEW TRIAL and/or Relief from the Judgment. (Anderson, Michael)
July 17, 2013 Filing 205 OPPOSITION by Ram Nehara to #195 MOTION for NEW TRIAL and/or Relief from the Judgment. (Attachments: #1 Declaration Declaration of Michael D. Anderson)(Anderson, Michael)
July 12, 2013 Filing 204 PARTIAL TRANSCRIPT of Proceedings held on 4-10-13, Jury Trial - Day 6 - Discussions re jury instructions outside the presence of the jury before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/2/2013. Redacted Transcript Deadline set for 8/12/2013. Release of Transcript Restriction set for 10/10/2013. (Hooven, K)
July 12, 2013 Filing 203 PARTIAL TRANSCRIPT of Proceedings held on 4-9-13, Jury Trial Day 5, discussions re jury instructions outside the presence of the jury before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/2/2013. Redacted Transcript Deadline set for 8/12/2013. Release of Transcript Restriction set for 10/10/2013. (Hooven, K)
July 12, 2013 Filing 202 PARTIAL TRANSCRIPT of Proceedings held on 4-8-13, Jury Trial Day 4 - Rule 50 motion and discussion re jury instructions held outside the presence of the jury before Magistrate Judge Jennifer L. Thurston, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/2/2013. Redacted Transcript Deadline set for 8/12/2013. Release of Transcript Restriction set for 10/10/2013. (Hooven, K)
July 11, 2013 Opinion or Order Filing 201 ORDER re: Opposition Filed to Defendant's Supplemental Motion, signed by Magistrate Judge Jennifer L. Thurston on 7/11/2013. The hearing on all pending motions #188 #189 #195 currently set for 7/24/2013 at 09:30 AM is CONTINUED to 7/31/2013 at 09:00 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)
July 10, 2013 Filing 200 OPPOSITION by Ram Nehara to #195 MOTION for NEW TRIAL and/or Relief from the Judgment, #188 MOTION for NEW TRIAL and/or Renewed Motion for Judgment, Remittitur or to Alter or Amend the Judgment. (Anderson, Michael)
June 27, 2013 Filing 199 REPLY by Ram Nehara re #192 Opposition to Motion, #189 MOTION for ATTORNEY FEES . (Attachments: #1 Declaration)(Anderson, Michael)
June 27, 2013 Filing 198 REPLY by Department of Corrections and Rehabilitation re #193 Opposition to Motion. (Austin, Andrea)
June 26, 2013 Opinion or Order Filing 197 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 6/26/2013: The Court RESETS the hearings on the Renewed Motion for Judgment #188 and Motion for Attorney Fees #189 from 7/3/2013 at 09:30 AM to 7/24/2013 at 09:30 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)
June 25, 2013 Filing 196 EX PARTE APPLICATION to Continue the Post-Trial Hearings Presently Set for July 3, 2013 by Department of Corrections and Rehabilitation for Continuance of the Post Trial Hearings Set for July 3, 2013. (Austin, Andrea)
June 25, 2013 Filing 195 MOTION for NEW TRIAL and/or Relief from the Judgment by Department of Corrections and Rehabilitation. Motion Hearing set for 7/24/2013 at 09:30 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Declaration)(Austin, Andrea)
June 25, 2013 Filing 194 ***VACATED PER ORDER #209 .*** COSTS TAXED in amount of $9,125.72 against Defendant California Department of Corrections and Rehabilitation. (Hall, S)
June 19, 2013 Filing 193 OPPOSITION by Ram Nehara to #188 MOTION for NEW TRIAL and/or Renewed Motion for Judgment, Remittitur or to Alter or Amend the Judgment. (Anderson, Michael)
June 19, 2013 Filing 192 OPPOSITION by Department of Corrections and Rehabilitation to #189 MOTION for ATTORNEY FEES . (Austin, Andrea)
June 18, 2013 Filing 191 OBJECTIONS by Plaintiff Ram Nehara to #187 Objections, #185 Bill of Costs Submitted. (Anderson, Michael)
June 12, 2013 Opinion or Order Filing 190 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 6/12/2013: The Renewed Motion for Judgment #188 fails to comply with Local Rule 230(b) which requires that the hearing on a motion be set for not less than twenty-eight (28) days after service and filing of the motion. In light of the failure to provide adequate notice, the hearing on the Renewed Motion for Judgment, currently set for 6/27/2013 at 9:30 AM, is RESET for 7/3/2013 at 9:30 AM at the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. Appearances via CourtCall are authorized. (Hall, S)
May 31, 2013 Filing 189 MOTION for ATTORNEY FEES by Ram Nehara. Motion Hearing set for 7/3/2013 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Michael D. Anderson, #2 Exhibit A-B to Declaration of Michael D. Anderson, #3 Exhibit C to Declaration of Michael D. Anderson, #4 Exhibit D-E to Declaration of Michael D. Anderson, #5 Declaration of Joel Andreesen, #6 Declaration of Gary Logan)(Anderson, Michael)
May 31, 2013 Filing 188 MOTION for NEW TRIAL and/or Renewed Motion for Judgment, Remittitur or to Alter or Amend the Judgment by Department of Corrections and Rehabilitation. Motion Hearing set for 6/27/2013 at 09:30 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Memorandum)(Austin, Andrea)
May 30, 2013 Filing 187 OBJECTIONS by Defendant Department of Corrections and Rehabilitation to #185 Bill of Costs Submitted. (Austin, Andrea)
May 22, 2013 Filing 186 EXHIBIT RECEIPT signed by Plaintiff's Attorney. (Lundstrom, T) (Lundstrom, T).
May 17, 2013 Filing 185 BILL of COSTS SUBMITTED by Ram Nehara. (Attachments: #1 Attachment to Bill of Costs)(Anderson, Michael)
May 3, 2013 Filing 184 JUDGMENT Dated *APRIL 11, 2013* in Favor of Plaintiff, RAM NEHARA against Defendant, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION Pursuant to Jury Verdict. Civil Case Terminated, CASE CLOSED. (Arellano, S.)
May 3, 2013 Opinion or Order Filing 183 ORDER GRANTING Back Pay and Front Pay, Signed by Magistrate Judge Jennifer L. Thurston on 5/3/2013. (Arellano, S.)
May 1, 2013 Filing 182 RESPONSE by Ram Nehara to #179 Proposed Findings of Fact, #181 Objections. (Anderson, Michael)
April 24, 2013 Filing 181 OBJECTIONS by Defendant Department of Corrections and Rehabilitation to #179 Proposed Findings of Fact. (Austin, Andrea)
April 17, 2013 Filing 179 PROPOSED FINDINGS of FACT by Ram Nehara.(Anderson, Michael)
April 12, 2013 Filing 180 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: IN COURT HEARING/ORAL ARGUMENT re Front/Back Pay Damages held on 4/12/2013. Defense Exhibit DX-527 admitted. Plaintiff to submit proposed findings of fact and conclusions of law as previously ordered. Plaintiff's Counsel M. Anderson, N. Hnatiuk present (by phone). Defense Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
April 12, 2013 Filing 178 JURY INSTRUCTIONS. (Arellano, S.)
April 11, 2013 Filing 177 SPECIAL VERDICT. (Jessen, A)
April 11, 2013 Filing 176 JURY NOTE - Court Exhibit 5. (Jessen, A)
April 11, 2013 Filing 175 JURY NOTE - Court Exhibit 4. (Jessen, A)
April 11, 2013 Filing 174 JURY NOTE - Court Exhibit 3. (Jessen, A)
April 11, 2013 Filing 173 JURY NOTE - Court Exhibit 2. (Jessen, A)
April 11, 2013 Filing 172 JURY NOTE - Court Exhibit 1. (Jessen, A)
April 11, 2013 Filing 171 EXHIBIT AND WITNESS LIST. (Arellano, S.)
April 11, 2013 Filing 170 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: JURY TRIAL (Day 7, Deliberations) held on 4/11/2013. 8:15 AM: Jury note received and marked Court Exhibit 1 (request for extra copies of verdict forms); court provided additional copies as requested. 10:55 AM: Jury note received and marked Court Exhibit 2 (re jury instructions); court convened and question discussed with counsel on the record. Jury summoned and question (CT Ex. 2) answered on the record. 1:17 PM: Jury notes received and marked Court Exhibits 3 and 4 (re verdict form and damages); court convened and questions discussed with counsel on the record. Jury summoned and questions (CT Ex. 3 and 4) answered on the record. 2:56 PM: Jury note received and marked Court Exhibit 5 (re unanimous verdict reached); court convened and jury summoned. Special Verdict published by the clerk- verdict in favor of Plaintiff Nehara. Damages awarded totaled $850,000.00. Jury polled. 3:08 PM: Jury thanked and discharged. It was stipulated by the parties that the clerk would return exhibits to the party who offered them whether or not the exhibit was received into evidence or only marked for identification and that all such exhibits would be maintained by counsel until the time for appeal had expired. Plaintiff's Proposed Findings of Fact and Conclusion of Law re Wage Loss due on or before 4/17/2013; Defense Response due on or before 4/24/2013; Plaintiff's Reply due on or before 5/1/2013. In Court Hearing set for 4/12/2013 at 10:30 AM in Ctrm. 1 before Magistrate Judge Jennifer L. Thurston. 3:20 PM: Court in recess. Plaintiffs Counsel M. Anderson, N. Hnatiuk present. Defendants Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
April 10, 2013 Filing 169 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: JURY TRIAL (Day 6) held on 4/10/2013. Outside the presence of the jury, the court discussed logistics/scheduling issues and jury instructions and verdict form with counsel. Defense witnesses: Reynaldo Dimaano, Ashraf Youssef- Sworn/Testified. DEFENSE RESTED. NO REBUTTAL witnesses by plaintiff. Jury instructed. Plaintiff and defense exhibits moved into evidence as noted on the record. Jury Trial (Day 7, Jury Deliberations) set for 4/11/2013 at 08:00 AM in Courtroom 1 before Magistrate Judge Jennifer L. Thurston. 4:27 PM: Court in recess. Plaintiffs Counsel M. Anderson, N. Hnatiuk present. Defendants Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
April 9, 2013 Filing 168 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: JURY TRIAL (Day 5) held on 4/9/2013. Outside the presence of the jury, court discussed trial logistics/scheduling issues and jury instructions with counsel. Defense witnesses: Mark Skaggs, Alfred Castro, Alan Tom, Leif Agbayani, Reynaldo Reyes, Veda McMillon, Marie Salum, and Glenda Bailey- Sworn/Testified. Exhibits admitted into evidence as noted on the record. 4:40 PM: Jury admonitions given; jury excused for the day. Jury Trial (Day 6) set for 4/10/2013 at 08:30 AM in Courtroom 1 before Magistrate Judge Jennifer L. Thurston. 4:45 PM: Court in recess. Plaintiffs Counsel M. Anderson, N. Hnatiuk present. Defendants Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
April 8, 2013 Filing 167 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: JURY TRIAL (Day 4) held on 4/8/2013. Plaintiff's witness Ana Lucia Chiles- Sworn/Testified. PLAINTIFF RESTED. Defense Rule 50 motion argued and taken under submission. Defense witnesses: Donald Gibbons, Rafael Escarcega, David Ramos, Milagros Albano- Sworn/Testified. Outside the presence of the jury, the Court discussed the medical issue regarding Juror #7 with counsel; no objection by counsel re court's suggested accommodation regarding the juror's issue. Jury excused at 4:12 PM. Court reviewed trial logistics/scheduling and jury instructions with counsel. Court recessed at 4:20 PM. Jury Trial (Day 5) set for 4/9/2013 at 08:30 AM in Courtroom 1 before Magistrate Judge Jennifer L. Thurston. Plaintiffs Counsel M. Anderson, N. Hnatiuk present. Defendants Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
April 5, 2013 Filing 166 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: JURY TRIAL (Day 3) held on 4/5/2013. Plaintiff Nehara resumed his testimony (cross/re-direct). Plaintiff's witness Bertha Sanchez sworn/testified. Exhibits admitted into evidence as noted on the record. 4:53 PM: Jury excused/court in recess. Jury Trial (Day 4) set for 4/8/2013 at 08:30 AM in Courtroom 1 before Magistrate Judge Jennifer L. Thurston. Plaintiffs Counsel M. Anderson, N. Hnatiuk present. Defendants Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
April 4, 2013 Filing 165 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: JURY TRIAL (Day 2) held on 4/4/2013. Jury summoned and direct examination of Plaintiff Nehara continued. Plaintiff's witness taken out of order: Jeffery Kirby- sworn/testified. Exhibits admitted into evidence as noted on the record. Jury excused for the day at 4:33 PM. Outside of the jury's presence, the court addressed witness and exhibit issues and trial logistics with the parties. Court adjourned at 4:35 PM. Jury Trial (Day 3) set for 4/5/2013 at 08:30 AM in Courtroom 1 before Magistrate Judge Jennifer L. Thurston. Plaintiffs Counsel M. Anderson, N. Hnatiuk present. Defendants Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
April 3, 2013 Filing 164 MINUTES for proceedings held before Magistrate Judge Jennifer L. Thurston: JURY TRIAL held on 4/3/2013. The Jury was impaneled and sworn. Jury admonitions given. Opening statements made by plaintiff and defense. Plaintiff placed under oath and testified on his own behalf. Joint exhibits 1 and 2 admitted into evidence. Court adjourned at 4:45 PM. Jury Trial (Day 2) set for 4/4/2013 at 08:30 AM in Courtroom 1 before Magistrate Judge Jennifer L. Thurston. Plaintiffs Counsel M. Anderson, N. Hnatiuk present. Defendants Counsel A. Austin, N. Skelly present. Court Reporter/CD Number: Karen Hooven. (Arellano, S.)
March 29, 2013 Opinion or Order Filing 163 ORDER RE: COURTROOM/TRIAL DECORUM, signed by Magistrate Judge Jennifer L. Thurston on 3/29/2013. (Hall, S)
March 26, 2013 Opinion or Order Filing 162 ORDER on Plaintiff's Motions in Limine #142 #143 #144 ; Order on Defendant's Motions in Limine #141 , signed by Magistrate Judge Jennifer L. Thurston on 3/26/2013. (Hall, S)
March 25, 2013 Filing 161 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: PRETRIAL CONFERENCE HELD on 3/25/2013. TRIAL CONFIRMED for 4/3/2013 at 8:30 AM in Courtroom 1 of the Robert E. Coyle Federal Courthouse, 2500 Tulare Street, Fresno, before Magistrate Judge Jennifer L. Thurston. Hearing on Motions in Limine #141 #142 #143 #144 HELD; Motions taken under submission; Court to issue Order. The Exhibits Binders which are due no later than 4:00 PM on 3/29/2013 SHALL be delivered to the Office of the Clerk, Robert E. Coyle Federal Courthouse, 2500 Tulare Street, Fresno. Plaintiffs Counsel M. Anderson and N. Hnatiuk (telephonic) present. Defendants Counsel A. Austin and N. Skelly (telephonic) present. Court Reporter/CD Number: Hall/ECRO/FTR. (Hall, S)
March 22, 2013 Filing 160 PROPOSED VOIR DIRE by Ram Nehara.(Anderson, Michael)
March 22, 2013 Filing 159 PROPOSED JURY INSTRUCTIONS by Department of Corrections and Rehabilitation.(Austin, Andrea)
March 22, 2013 Filing 158 PROPOSED JURY INSTRUCTIONS by Department of Corrections and Rehabilitation, Ram Nehara.(Austin, Andrea)
March 22, 2013 Filing 157 WITNESS LIST by Department of Corrections and Rehabilitation, Ram Nehara. Attorney Austin, Andrea R. added. (Austin, Andrea)
March 22, 2013 Filing 156 PRETRIAL STATEMENT by Defendant Department of Corrections and Rehabilitation.(Austin, Andrea)
March 22, 2013 Filing 155 PROPOSED VOIR DIRE by Department of Corrections and Rehabilitation.(Austin, Andrea)
March 22, 2013 Filing 154 TRIAL BRIEF by Department of Corrections and Rehabilitation.(Austin, Andrea)
March 22, 2013 Filing 153 STATEMENT of Case by Plaintiff Ram Nehara. (Anderson, Michael)
March 22, 2013 Filing 152 PROPOSED VERDICT submitted by Plaintiff Ram Nehara.(Anderson, Michael)
March 22, 2013 Filing 151 PROPOSED JURY INSTRUCTIONS by Ram Nehara.(Anderson, Michael)
March 22, 2013 Filing 150 PROPOSED JURY INSTRUCTIONS by Ram Nehara.(Anderson, Michael)
March 15, 2013 Filing 149 OPPOSITION by Ram Nehara to #141 MOTION IN LIMINE . (Attachments: #1 Declaration Declaration of Nicholas Hnatiuk in Opposition to Defendant's Motions in Limine)(Anderson, Michael)
March 15, 2013 Filing 148 RESPONSE by Department of Corrections and Rehabilitation to #144 MOTION IN LIMINE No. 3. (Austin, Andrea)
March 15, 2013 Filing 147 RESPONSE by Department of Corrections and Rehabilitation to #143 MOTION IN LIMINE No. 2. (Austin, Andrea)
March 15, 2013 Filing 146 RESPONSE by Department of Corrections and Rehabilitation to #142 MOTION IN LIMINE No. 1. (Austin, Andrea)
March 8, 2013 Filing 145 DECLARATION of Nicholas A. Hnatiuk in SUPPORT OF #142 MOTION IN LIMINE No. 1, #144 MOTION IN LIMINE No. 3, #143 MOTION IN LIMINE No. 2. (Anderson, Michael)
March 8, 2013 Filing 144 MOTION IN LIMINE No. 3 by Ram Nehara. Motion Hearing set for 3/25/2013 at 10:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Proposed Order)(Anderson, Michael)
March 8, 2013 Filing 143 MOTION IN LIMINE No. 2 by Ram Nehara. Motion Hearing set for 3/25/2013 at 10:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Proposed Order)(Anderson, Michael)
March 8, 2013 Filing 142 MOTION IN LIMINE No. 1 by Ram Nehara. Motion Hearing set for 3/25/2013 at 10:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Proposed Order)(Anderson, Michael)
March 8, 2013 Filing 141 MOTION IN LIMINE by Department of Corrections and Rehabilitation. Motion Hearing set for 3/25/2013 at 10:00 AM before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Declaration)(Austin, Andrea)
March 7, 2013 Opinion or Order Filing 140 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 3/7/2013: LOCATION CHANGE: The jury trial, currently set on 4/3/2013 at 8:30 AM, is RESET from the United States Courthouse in Bakersfield to Courtroom 6 of the Robert E. Coyle Federal Courthouse, 2500 Tulare Street, Fresno, CA. (Hall, S)
February 20, 2013 Opinion or Order Filing 139 PRETRIAL ORDER, signed by Magistrate Judge Jennifer L. Thurston on 2/20/2013. Final Pretrial Conference set for 3/25/2013 at 10:00 AM at the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 4/3/2013 at 08:30 AM at the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)
February 19, 2013 Filing 138 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: TELEPHONIC PRETRIAL CONFERENCE held on 2/19/2013. Court to issue Order. Plaintiffs Counsel Michael Anderson and Nicholas Hnatiuk present. Defendants Counsel Andrea Austin and Noreen Skelly present. Court Reporter/CD Number: Hall/ECRO/FTR. (Hall, S)
February 12, 2013 Filing 137 PRETRIAL STATEMENT by Plaintiff Ram Nehara.(Anderson, Michael)
February 11, 2013 Opinion or Order Filing 136 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 2/11/2013: The Court RESETS the Jury Trial from 4/2/2013 at 08:30 AM to 4/3/2013 at 08:30 AM at the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)
February 11, 2013 Opinion or Order Filing 135 ORDER GRANTING IN PART AND DENYING IN PART Defendant's Motion for Summary Judgment #116 , signed by Magistrate Judge Jennifer L. Thurston on 2/11/2013. (Hall, S)
February 8, 2013 Filing 134 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: HEARING on Motion for Summary Judgment #116 HELD on 2/8/2013. Motion SUBMITTED. Plaintiffs Counsel Nicholas Hnatiuk present. Defendants Counsel Andrea Austin present. Court Reporter/CD Number: Hall/ECRO/FTR. (Hall, S)
January 28, 2013 Filing 133 RESPONSE by Ram Nehara to #126 Statement, 129 Status Conference, Terminate Deadlines and Hearings, Set/Reset Deadlines and Hearings,,,,,,,,, #130 Response. (Anderson, Michael)
January 28, 2013 Opinion or Order Filing 132 ORDER VACATING February 1, 2013, Settlement Conference. As Plaintiff has not submitted a confidential settlement conference statement and because it is apparent that the parties have not been able to exchange a current demand and offer as required by the settlement conference order, the settlement conference currently set for February 1, 2013, is VACATED. The parties may contact the Court if they wish to attempt to reset the settlement conference. Order signed by Magistrate Judge Sheila K. Oberto on 1/28/2013. (Timken, A)
January 25, 2013 Filing 131 NOTICE of Submission of Confidential Settlement Conference Statement by Department of Corrections and Rehabilitation. (Austin, Andrea)
January 25, 2013 Filing 130 RESPONSE by Department of Corrections and Rehabilitation to #126 Statement,. (Austin, Andrea)
January 24, 2013 Filing 129 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: TELEPHONIC CONFERENCE HELD on 1/24/2013. The Court will proceed in evaluating the motion for summary judgment using Defendant's statement of facts (Doc. 125) and Plaintiff's additional facts set forth in Doc. 126. Defendant SHALL file any objections to the McMillion transcript attached to Doc. 126-1 no later than close of business 1/25/2013. Any opposition SHALL be filed no later than close of business 1/28/2013. The Court will assess whether sanctions will be imposed for the failure to comply with the Court's orders, after it determines the motion for summary judgment. Plaintiffs Counsel Nicholas Hnatiuk present. Defendants Counsel Andrea Austin present. (Hall, S)
January 24, 2013 Opinion or Order Filing 128 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 1/24/2013: The Court SETS a TELEPHONIC CONFERENCE with all parties for 1/24/2013 at 3:30 PM before Magistrate Judge Jennifer L. Thurston. Plaintiff's Counsel is DIRECTED to initiate a one-line conference call with defense counsel and, when all parties are on the line, call the Court at 661-326-6620. (Hall, S)
January 23, 2013 Filing 127 DECLARATION of Nicholas Hnatiuk re #124 Order, Terminate Deadlines and Hearings, Set/Reset Deadlines and Hearings,,, #126 Statement, #125 Statement. (Anderson, Michael)
January 23, 2013 Filing 126 STATEMENT of Undisputed Facts by Plaintiff Ram Nehara re #116 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration Supplemental Declaration of Nicholas Hnatiuk in Support of Opposition to Defendant's Motion for Summary Judgment/Adjudication)(Anderson, Michael)
January 23, 2013 Filing 125 STATEMENT of 1:10-CV-00491-JLT by Defendant Department of Corrections and Rehabilitation. (Attachments: #1 Declaration, #2 Declaration)(Austin, Andrea)
January 18, 2013 Opinion or Order Filing 124 ORDER for the Parties to File a Joint Statement of Undisputed Facts, signed by Magistrate Judge Jennifer L. Thurston on 1/18/2013. Motion for Summary Judgment continued from 1/25/2013 to 2/8/2013 at 10:00 AM before Magistrate Judge Jennifer L. Thurston.(Hall, S)
January 18, 2013 Filing 123 REPLY by Department of Corrections and Rehabilitation re #116 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement, #2 Statement, #3 Declaration, #4 Declaration, #5 Proof of Service)(Austin, Andrea)
January 11, 2013 Filing 122 REQUEST for JUDICIAL NOTICE by Ram Nehara in re #120 Response, #116 Motion for Summary Judgment, #118 Opposition to Motion, #121 Statement. (Anderson, Michael)
January 11, 2013 Filing 121 STATEMENT of Disputed Facts by Plaintiff Ram Nehara re #116 MOTION for SUMMARY JUDGMENT. (Anderson, Michael)
January 11, 2013 Filing 120 RESPONSE by Ram Nehara to #116 MOTION for SUMMARY JUDGMENT, #118 Opposition to Motion. (Anderson, Michael)
January 11, 2013 Filing 119 DECLARATION of Ram Nehara in OPPOSITION TO #116 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit Exhibits A-H, #2 Exhibitis I-Q)(Anderson, Michael)
January 11, 2013 Filing 118 OPPOSITION by Ram Nehara to #116 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration Declaration of Michael D. Anderson, #2 Declaration Declaration of Nicholas A. Hnatiuk)(Anderson, Michael)
December 27, 2012 Opinion or Order Filing 117 ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 12/27/2012. (Gaumnitz, R)
December 21, 2012 Filing 116 MOTION for SUMMARY JUDGMENT by Department of Corrections and Rehabilitation, North Kern State Prison. Motion Hearing set for 1/25/2013 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities, #2 Statement, #3 Notice, #4 Declaration, #5 Declaration)(Austin, Andrea)
November 27, 2012 Filing 115 MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: IN CHAMBERS CONFERENCE held off the record on 11/27/2012. At the request of Counsel and to allow time for the filing of a dispositive motion, Settlement Conference previously set for 11/29/2012, has been CONTINUED to 2/1/2013, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Plaintiffs Counsel M. Anderson telephonically present. Defendants Counsel A. Austin telephonically present. (Gaumnitz, R)
November 27, 2012 Filing 114 MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: IN CHAMBERS CONFERENCE held off the record on 11/27/2012. Court and Counsel discussed the upcoming Settlement Conference on November 29, 2012. Counsel shall meet and confer by phone at 11:00am TODAY, then call Judge Oberto's chambers (559) 499-5790 at 2:00pm TODAY for further discussion regarding the November 29, 2012 Settlement Conference. Plaintiffs Counsel M. Anderson telephonically present. Defendants Counsel A. Austin telephonically present. (Gaumnitz, R)
November 26, 2012 Filing 113 NOTICE NOTICE OF SUBMISSION OF PLAINTIFF RAM NEHARA'S CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by Ram Nehara. (Anderson, Michael)
November 26, 2012 Opinion or Order Filing 112 MINUTE ORDER: ***TEXT ENTRY ONLY*** Judge Oberto would like to have a telephonic discussion with Counsel regarding the Settlement Conference on calendar this Thursday. The parties are directed to set up a conference call on Tuesday, 11/27/2012, at 10:00am; after all parties are on one line, please call Judge Oberto's chambers at (559) 499-5790. Minute Order signed by Magistrate Judge Sheila K. Oberto on 11/26/2012. (Gaumnitz, R)
November 21, 2012 Filing 111 NOTICE of Submission of Confidential Settlement Conference Statement by Department of Corrections and Rehabilitation, North Kern State Prison. (Austin, Andrea)
October 31, 2012 Opinion or Order Filing 110 ORDER re SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 10/31/2012. (Timken, A)
October 25, 2012 Opinion or Order Filing 109 MINUTE ORDER: ***TEXT ENTRY ONLY*** Pursuant to the agreement of counsel, a Settlement Conference is set for 11/29/2012, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties are to submit their confidential settlement statements to the Court via e-mail to SKOorders@caed.uscourts.gov, by no later than 11/21/2012. Minute Order signed by Magistrate Judge Sheila K. Oberto on 10/25/2012. (Timken, A)
October 19, 2012 Opinion or Order Filing 108 ORDER on Discovery Disputes, signed by Magistrate Judge Jennifer L. Thurston on 10/19/2012. (Hall, S)
October 19, 2012 Filing 107 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: TELEPHONIC CONFERENCE RE DISCOVERY held on 10/19/2012. Court to issue Order. Plaintiffs Counsel Michael Anderson, John Nam and Nicholas Hnatiuk present. Defendants Counsel Andrea Austin present. (Hall, S)
October 19, 2012 Opinion or Order Filing 106 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 10/19/2012: Pursuant to the request of the parties, the Court sets a TELEPHONIC CONFERENCE re Discovery Dispute for 10/19/2012 at 01:00 PM before Magistrate Judge Jennifer L. Thurston. The moving party is DIRECTED to initiate a one-line conference call with counsel and, when all parties are on the line, call the Court at 661-326-6620. (Hall, S)
September 27, 2012 Opinion or Order Filing 105 MINUTE ORDER: ***TEXT ENTRY ONLY*** On September 17, 2012, the settlement conference in this matter was vacated. The parties were to contact Judge Oberto's chambers to coordinate dates to reset the settlement conference; however, the parties failed to coordinate any dates for a settlement conference through Judge Oberto's chambers. Due to the parties' apparent lack of interest in conducting a settlement conference, no settlement conference will be set at this time. If the parties desire to set a settlement conference in the future, they may contact Courtroom Deputy Alice Timken at (559) 499-5790, to coordinate a date for such a conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/27/2012. (Timken, A)
September 20, 2012 Opinion or Order Filing 104 STIPULATION and ORDER for Mental Testing and Examination pursuant to Rule 35 of the Federal Rules of Procedure, signed by Magistrate Judge Jennifer L. Thurston on 9/20/12. (Verduzco, M)
September 19, 2012 Filing 103 STIPULATION and PROPOSED ORDER for Mental Testing and Examination Pursuant to Rule 35 of the Federal Rules of Procedure by Department of Corrections and Rehabilitation, North Kern State Prison. (Austin, Andrea)
September 17, 2012 Opinion or Order Filing 102 MINUTE ORDER: ***TEXT ENTRY ONLY*** On 9/17/2012, the parties met telephonically in chambers and off the record. The parties agree that the settlement conference set for 9/18/2012, should be vacated and reset. The Court VACATES the 9/18/2012, settlement conference. The parties are to coordinate new dates and contact Judge Oberto's Courtroom Deputy, Alice Timken, on Tuesday, 9/18/2012, at 559-499-5975, to reschedule the settlement conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/17/2012. (Timken, A)
September 17, 2012 Filing 101 MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: TELEPHONIC CONFERENCE held on 9/17/2012, in chambers and off the record. The Court to issue minute order. Plaintiff's Counsel Michael Anderson, telephonically present. Defendants' Counsel Andrea Austin, telephonically present. Court Reporter/CD Number: In Chambers. (Timken, A)
September 14, 2012 Opinion or Order Filing 100 MINUTE ORDER: ***TEXT ENTRY ONLY*** (TIME CHANGE ONLY) The Settlement Conference set for 9/18/2012, at 10:30 AM will now be heard 9/18/2012, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/14/2012. (Timken, A)
September 11, 2012 Filing 99 NOTICE of Submission of Plaintiff Ram Nehara's Confidential Settlement Conference Statement by All Plaintiffs. (Anderson, Michael)
September 11, 2012 Filing 98 NOTICE of Submission of Confidential Conference Statement by All Defendants. (Austin, Andrea)
August 15, 2012 Opinion or Order Filing 97 ORDER re SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 8/14/2012. (Timken, A)
July 20, 2012 Opinion or Order Filing 96 ORDER to CONTINUE the Settlement Conference Date and Related Deadlines. The Settlement Conference currently set for 8/2/2012, is CONTINUED to 9/18/2012, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 7/20/2012. (Timken, A)
July 20, 2012 Filing 95 STIPULATION and PROPOSED ORDER for Continuance of Settement Conference by Ram Nehara. (Attachments: #1 Proposed Order [Proposed] Order)(Anderson, Michael)
June 29, 2012 Filing 94 NOTICE of Unavailability by Department of Corrections and Rehabilitation, North Kern State Prison. (Austin, Andrea)
June 29, 2012 Opinion or Order Filing 93 ORDER RE SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 6/29/2012. (Rooney, M)
May 2, 2012 Opinion or Order Filing 92 ORDER DENYING #91 Motion to Compel Without Prejudice, ORDER VACATING Hearing Date of May 8, 2012, Signed by Magistrate Judge Jennifer L. Thurston on 5/2/2012.(Hall, S)
April 11, 2012 Filing 91 MOTION to COMPEL a Signed Release of Medical and Mental Health Care Providers' Treatment Records and Billings and Responses to Request for Production of Documents by Department of Corrections and Rehabilitation, North Kern State Prison. Motion Hearing set for 5/8/2012 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. (Austin, Andrea)
April 11, 2012 Opinion or Order Filing 90 ORDER AMENDING #89 SCHEDULING ORDER signed by Magistrate Judge Jennifer L. Thurston on 4/11/2012. Amending Expert Disclosure to 9/28/2012 and Rebuttal experts to 10/19/2012. (Leon-Guerrero, A)
April 9, 2012 Opinion or Order Filing 89 ORDER Authorizing Filing Motion re: Discovery Dispute, and ORDER Amending Scheduling Order signed by Magistrate Judge Jennifer L. Thurston on 4/9/2012. Non-expert and expert discovery 11/9/2012. Expert Disclosure 10/19/2012. Rebuttal experts 9/28/2012. Non-Dispositive Motions filing by 11/16/2012, hearing by 12/14/2012. Dispositive Motions filing 12/21/2012, hearing by 1/25/2013. Pretrial Conference set for 2/19/2013 at 11:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 4/2/2013 at 08:30 AM before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A)
April 9, 2012 Filing 88 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: Mid-Discovery Status Conference HELD on 4/9/2012. Court to issue order. Plaintiffs Counsel J. Malaky present. Defendants Counsel A. Austin present. Court Reporter/CD Number: Alan/FTR. (Leon-Guerrero, A)
April 2, 2012 Filing 87 JOINT STATUS REPORT by Leif Agbayani, Milgros Albano, Alfred Castro, Michael Cavanaugh, Department of Corrections and Rehabilitation, Reynaldo Dimaano, Evelyn Dionisio, Richard Gibbons, Phillip A. Mallory, Vida McMillen, North Kern State Prison, Judy Pierce, David Ramos, Reynoldo Reyes, State of California, Alan Tom. (Austin, Andrea)
November 8, 2011 Opinion or Order Filing 86 SCHEDULING ORDER signed by Magistrate Judge Jennifer L. Thurston on 11/8/2011. Pleading Amendment deadline 2/6/2012. Discovery deadlines: Initial disclosures 12/23/2011, Non Expert 8/10/2012, Expert 8/10/2012, Telephonic Mid-Discovery Status Conference set for 4/9/2012 at 09:30 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion deadlines: Filing 8/17/2012, hearing by 9/14/2012. Dispositive Motion deadlines: Filing 9/28/2012, hearing by 11/2/2012. Settlement Conference set for 8/2/2012 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pretrial Conference set for 12/21/2012 at 01:30 PM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 1/29/2013 at 09:00 AM before Magistrate Judge Jennifer L. Thurston.(Leon-Guerrero, A) Modified Courtroom for Settlement Conference 8/2/2012 on 6/19/2012 (Gaumnitz, R).
November 8, 2011 Filing 85 MINUTES (Text Only) for proceedings held before Magistrate Judge Jennifer L. Thurston: TELEPHONIC SCHEDULING CONFERENCE held on 11/8/2011. Court to issue Scheduling Conference Order. Plaintiffs Counsel P. Vardapour, M. Anderson present. Defendants Counsel A. Austin present. Court Reporter/CD Number: FTR. (Leon-Guerrero, A)
November 3, 2011 Opinion or Order Filing 84 MINUTE ORDER (TEXT only) signed by Magistrate Judge Jennifer L. Thurston on 11/3/2011. The Court has received the Joint Scheduling Report and grants counsels request to appear telephonically, however the Court resets the starting time for Scheduling Conference from 9:00 AM to 9:30 AM on 11/8/2011. Counsel to call the Court at 661-326-6624 on a one-line conference call the day of the conference. (Leon-Guerrero, A)
November 1, 2011 Filing 83 JOINT SCHEDULING REPORT by Department of Corrections and Rehabilitation, Ram Nehara, North Kern State Prison. Attorney Austin, Andrea R. added. (Austin, Andrea)
October 11, 2011 Filing 82 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/8/2011 at 09:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. (Robles, S)
October 5, 2011 Opinion or Order Filing 81 ORDER to Reassign Action; New case number: 1:10-cv-491 JLT, signed by Chief Judge Anthony W. Ishii on 10/04/2011. (Martin-Gill, S)
September 26, 2011 Filing 80 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Ram Nehara. (Anderson, Michael)
September 20, 2011 Filing 79 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Department of Corrections and Rehabilitation, State of California. (Austin, Andrea)
September 14, 2011 Opinion or Order Filing 78 ORDER by Chief Judge Anthony W. Ishii: Due to the impending retirement of Senior U.S. District Judge Oliver W. Wanger, the assignment of this action to him is hereby withdrawn. This action remains assigned only to the previously assigned U.S. Magistrate Judge. The parties must complete the attached consent form and indicate whether or not they consent to U.S. Magistrate Judge jurisdiction. All previously set hearing dates occurring within 60 days of this order are vacated. (Attachments: #1 Consent Form) (Verduzco, M)
August 23, 2011 Filing 77 ANSWER to #75 Amended Complaint by Department of Corrections and Rehabilitation, North Kern State Prison.(Austin, Andrea)
August 8, 2011 PARTY UPDATE: Alfred Castro, Michael Cavanaugh, Reynaldo Dimaano, Evelyn Dionisio, Richard Gibbons, Phillip A. Mallory, Vida McMillen, North Kern State Prison, Judy Pierce, David Ramos, Reynoldo Reyes, Alan Tom, Leif Agbayani and Milgros Albano TERMINATED pursuant to #74 Order. (Robles, S)
August 8, 2011 Filing 76 CIVIL COVER SHEET by Ram Nehara (Anderson, Michael)
August 8, 2011 Filing 75 THIRD AMENDED COMPLAINT against Department of Corrections and Rehabilitation, North Kern State Prison, State of California by Ram Nehara.(Anderson, Michael)
August 8, 2011 Opinion or Order Filing 74 ORDER GRANTING #58 Motion to Dismiss Second Amended Complaint, signed by Judge Oliver W. Wanger on 8/5/2011. (Any amended complaint can be filed with 15 days of this order)(Kusamura, W)
August 5, 2011 Filing 73 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the status of the case the Initial Scheduling Conference currently set for 8/24/2011 has been moved to 10/28/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Kusamura, W)
August 3, 2011 Filing 72 PROPOSED ORDER re Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint re #71 Memorandum, Opinion & Order by Leif Agbayani, Milgros Albano, Alfred Castro, Michael Cavanaugh, Department of Corrections and Rehabilitation, Reynaldo Dimaano, Evelyn Dionisio, Richard Gibbons, Phillip A. Mallory, Vida McMillen, North Kern State Prison, Judy Pierce, David Ramos, Reynoldo Reyes, State of California, Alan Tom. Attorney Austin, Andrea R. added. (Austin, Andrea)
August 2, 2011 Filing 71 MEMORANDUM, DECISION re: Defendants' Motion to Dismiss #48 , signed by Judge Oliver W. Wanger on 8/2/2011. (Kusamura, W)
August 1, 2011 Filing 70 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 8/1/2011; #58 Motion to Dismiss is argued and submitted: Initial Scheduling Conference set for 8/24/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel P Vardapour (Telephonic) present. Defendants Counsel A Austin (Telephonic) present. Court Reporter: Karen Hooven. (Kusamura, W)
July 14, 2011 Filing 69 MINUTE ORDER: (TEXT ENTRY ONLY) Due to the Status of the case the Initial Scheduling Conference currently set for 7/15/2011 has been RE-set for 9/8/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Motion to Dismiss #58 Hearing set for 8/1/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Kusamura, W)
July 8, 2011 Filing 68 JOINT STATUS REPORT by Ram Nehara. (Anderson, Michael)
April 22, 2011 Filing 67 OBJECTIONS by Plaintiff Ram Nehara to #66 Declaration. (Anderson, Michael)
March 28, 2011 Filing 66 DECLARATION of Maurice Junious in SUPPORT OF #58 MOTION to DISMISS. (Austin, Andrea)
March 11, 2011 Filing 65 MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to the Court's order issued on 3/10/2010, document #64 , VACATING the hearing on the Motion to Dismiss, document #58 , and extending deadlines in accordance therewith, the Initial Scheduling Conference currently set for 4/8/2011 has been CONTINUED and will now be heard on 7/15/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Rooney, M)
March 10, 2011 Opinion or Order Filing 64 ORDER RE REQUEST FOR JUDICIAL NOTICE AND VACATING HEARING: Defendant North Kern State Prison's (NKSP) Motion to Dismiss, document #58 , currently set for hearing on 3/14/2011, is VACATED and will be reset shortly. Defendant NKSP has until 4/8/2011 to supplemental the evidentiary basis for its motion. Upon filing of the supplement, the Court will deem the motion renewed. Any written opposition to the supplemental filing is due by 4/22/2011; order signed by Judge Oliver W. Wanger on 3/10/2011. (Arellano, S.)
March 4, 2011 Filing 63 REPLY by Leif Agbayani, Milgros Albano, Alfred Castro, Michael Cavanaugh, Department of Corrections and Rehabilitation, Reynaldo Dimaano, Evelyn Dionisio, Vida McMillen, North Kern State Prison, Judy Pierce, David Ramos, Reynoldo Reyes, State of California, Alan Tom re #62 Opposition to Motion. Attorney Austin, Andrea R. added. (Austin, Andrea)
February 28, 2011 Filing 62 OPPOSITION by Ram Nehara to #58 MOTION to DISMISS. (Anderson, Michael)
December 27, 2010 Filing 61 MINUTE ORDER: (Text Entry Only) Due to the pending Motion to Dismiss, Initial Scheduling Conference previously set for 1/5/2011 has been CONTINUED to 4/8/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov. (Gaumnitz, R)
December 20, 2010 Filing 60 REQUEST for JUDICIAL NOTICE by Leif Agbayani, Milgros Albano, Alfred Castro, Michael Cavanaugh, Department of Corrections and Rehabilitation, Reynaldo Dimaano, North Kern State Prison, Judy Pierce, David Ramos, State of California, Alan Tom in re #59 Memorandum in Support of Motion, #58 Motion to Dismiss,. (Austin, Andrea)
December 20, 2010 Filing 59 MEMORANDUM by Leif Agbayani, Milgros Albano, Alfred Castro, Michael Cavanaugh, Department of Corrections and Rehabilitation, Reynaldo Dimaano, North Kern State Prison, Judy Pierce, David Ramos, State of California, Alan Tom in SUPPORT of #58 MOTION to DISMISS. (Austin, Andrea)
December 20, 2010 Filing 58 MOTION to DISMISS by Leif Agbayani, Milgros Albano, Alfred Castro, Michael Cavanaugh, Department of Corrections and Rehabilitation, Reynaldo Dimaano, North Kern State Prison, Judy Pierce, David Ramos, State of California, Alan Tom. Motion Hearing set for 3/14/2011 at 10:00 AM in Courtroom 3 before Judge Oliver W. Wanger. (Austin, Andrea)
November 22, 2010 CLERK'S NOTICE(text only): Please disregard previous Notice. (Fahrney, E)
November 19, 2010 CLERK'S NOTICE TO ATTORNEY MICHAEL ANDERSON (text only): Your filing is entitled COMPLAINT, however, the actual document attached is a SECOND AMENDED COMPLAINT.Please re-file your document using the correct event. Word-processed documents should be electronically converted to pdf format, rather than scanned. Please refer to pages 7 and 8 of the CM/ECF Users Manual on the court's website.If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Fahrney, E)
November 18, 2010 Filing 57 COMPLAINT SECOND AMENDED COMPLAINT FOR DISCRIMINATION, RETALIATION, DEFAMATION AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS against State of California by Ram Nehara.(Anderson, Michael)
November 5, 2010 Opinion or Order Filing 56 ORDER Granting Defendants' Motion to Dismiss, signed by Judge Oliver W. Wanger on 11/5/2010. (Gaumnitz, R)
October 29, 2010 Filing 55 PROPOSED ORDER re #48 MOTION to DISMISS by Department of Corrections and Rehabilitation, North Kern State Prison, State of California. (Austin, Andrea)
October 26, 2010 Filing 54 MEMORANDUM DECISION Regarding #48 Defendants' Motion to Dismiss, signed by Judge Oliver W. Wanger on 10/25/2010. (Gaumnitz, R)
October 25, 2010 Filing 53 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 10/25/2010. #48 Motion to Dismiss GRANTED with leave to amend. Memorandum decision to issue. Plaintiffs will have fifteen days to amend complaint, Defendants will have thirty days to respond. Plaintiffs Counsel A. Gorrie telephonically present. Defendants Counsel A. Austin telephonically present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R)
October 15, 2010 Filing 52 REPLY by Department of Corrections and Rehabilitation, North Kern State Prison, State of California re #48 MOTION to DISMISS. (Austin, Andrea)
October 14, 2010 Filing 51 MINUTE ORDER: (Text Entry Only) Due to the pending #48 Motion to Dismiss, Initial Scheduling Conference previously set for 10/22/2010 has been CONTINUED to 1/5/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov. (Gaumnitz, R)
October 12, 2010 Filing 50 OPPOSITION by Ram Nehara to #48 MOTION to DISMISS. (Anderson, Michael)
August 25, 2010 Opinion or Order Filing 49 ORDER REASSIGNING CASE signed by Magistrate Judge Jennifer L. Thurston on 8/25/2010. Magistrate Judge Sheila K. Oberto no longer assigned to case. New Case Number: 1:10-cv-00491 OWW JLT. (Leon-Guerrero, A)
August 19, 2010 Filing 48 MOTION to DISMISS by Department of Corrections and Rehabilitation, North Kern State Prison, State of California. Motion Hearing set for 10/25/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Memorandum)(Austin, Andrea)
August 19, 2010 Filing 47 NOTICE OF UNAVAILABILITY by Department of Corrections and Rehabilitation, North Kern State Prison, State of California re #46 Notice - Other,. (Austin, Andrea)
August 19, 2010 Filing 46 NOTICE OF UNAVAILABILITY by Leif Agbayani, Milgros Albano, Alfred Castro, Michael Cavanaugh, Department of Corrections and Rehabilitation, Reynaldo Dimaano, Evelyn Dionisio, Vida McMillen, North Kern State Prison, Judy Pierce, David Ramos, State of California, Alan Tom. Attorney Austin, Andrea R. added. (Austin, Andrea)
August 4, 2010 Opinion or Order Filing 45 AMENDED ORDER GRANTING defendant State of California's Motion to Dismiss and Motion to Strike, document 20, claims dismissed with, and without prejudice, and plaintiff's prayer for punitive damages against the State of California is STRICKEN; amended complaint due within 15 days of electronic service of the Court's memorandum of decision; order signed by Judge Oliver W. Wanger on 8/3/2010. signed by Judge Oliver W. Wanger on 8/3/2010. (Attachments: #1 Memorandum Decision dated 7/16/2010, referenced as Exhibit 1, in body of order) (Rooney, M)
August 4, 2010 Opinion or Order Filing 44 ORDER GRANTING defendant State of California's Motion to Dismiss and Motion to Strike, document #20 , claims dismissed with, and without prejudice, and plaintiff's prayer for punitive damages against the State of California is STRICKEN; amended complaint due within 15 days of electronic service of the Court's memorandum of decision; order signed by Judge Oliver W. Wanger on 8/3/2010. (Rooney, M)
August 2, 2010 Filing 43 FIRST AMENDED COMPLAINT against All Defendants by Ram Nehara.(Anderson, Michael)
July 28, 2010 Filing 42 SUMMONS RETURNED EXECUTED: Vida McMillen served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 41 SUMMONS RETURNED EXECUTED: Reynaldo Dimaano served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 40 SUMMONS RETURNED EXECUTED: North Kern State Prison served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 39 SUMMONS RETURNED EXECUTED: Milgros Albano served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 38 SUMMONS RETURNED EXECUTED: Michael Cavanaugh served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 37 SUMMONS RETURNED EXECUTED: Judy Pierce served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 36 SUMMONS RETURNED EXECUTED: Evelyn Dionisio served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 35 SUMMONS RETURNED EXECUTED: Department of Corrections and Rehabilitation served on 7/14/2010, answer due 8/4/2010. (Anderson, Michael)
July 28, 2010 Filing 34 SUMMONS RETURNED EXECUTED: David Ramos served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 33 CLERKS NOTICE TO Andrea Austin: (TEXT ENTRY ONLY) The docket indicates that you docketed a proposed order #28 , however you failed to also email it to Judge Wangers order box so that it could be signed. Please submit the document in Word or WordPerfect format to owworders@caed.uscourts.gov (Gaumnitz, R)
July 28, 2010 Filing 32 SUMMONS RETURNED EXECUTED: Alfred Castro served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 31 SUMMONS RETURNED EXECUTED: Reynoldo Reyes served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 30 SUMMONS RETURNED EXECUTED: Leif Agbayani served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 28, 2010 Filing 29 SUMMONS RETURNED EXECUTED: Alan Tom served on 7/15/2010, answer due 8/5/2010. (Anderson, Michael)
July 27, 2010 Filing 28 PROPOSED ORDER re #26 Memorandum, Opinion & Order, Order on Motion to Dismiss by State of California. (Austin, Andrea)
July 22, 2010 Filing 27 MINUTE ORDER: (Text Entry Only) Due to the status of this case, Initial Scheduling Conference previously set for 8/4/2010 has been CONTINUED to 10/22/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Joint Scheduling Conference Statements are required and must be electronically filed in CM/ECF 7 days before the hearing date and shall be emailed, in WordPerfect or Word format, to owworders@caed.uscourts.gov. (Gaumnitz, R)
July 16, 2010 Filing 26 MEMORANDUM, DECISION RE: Defendant State of California's #20 Motion to Dismiss signed by Judge Oliver W. Wanger on 7/14/2010. (Kusamura, W)
July 12, 2010 Filing 25 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION TO DISMISS HEARING held on 7/12/2010. Defendant's Motion to Dismiss, document #20 , was argued and submitted - the Court to issue a written decision. Plaintiffs Counsel M. Anderson and P. Vardapour (appearing telephonically) present. Defendants Counsel A. Austin (appearing telephonically) present. Court Reporter/CD Number: ECRO. (Rooney, M)
July 2, 2010 Filing 24 REPLY by State of California re #23 Opposition to Motion. (Austin, Andrea)
June 28, 2010 Filing 23 OPPOSITION by Ram Nehara to #20 MOTION to DISMISS. (Anderson, Michael)
May 11, 2010 Opinion or Order Filing 22 ORDER DENYING Plaintiff's Motion For Temporary Restraining Order and Preliminary Injunction #4 , signed by Judge Oliver W. Wanger on 5/10/2010. (Gaumnitz, R)
April 30, 2010 Filing 21 PROPOSED ORDER Letter to Court Clerk by State of California. Attorney Swanson, Helene Emilie added. (Attachments: #1 Letter to Court Clerk)(Swanson, Helene)
April 30, 2010 Filing 20 MOTION to DISMISS by State of California. Attorney Austin, Andrea R. added. Motion Hearing set for 7/12/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Points and Authorities in Support of Motion to Dismiss, #2 Notice Request for Judicial Notice)(Austin, Andrea)
April 23, 2010 Filing 19 TRANSCRIPT of Proceedings held on 4/15/2010, before Judge Oliver W. Wanger. Motions Hearing filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/14/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/22/2010. (Figueroa, O)
April 15, 2010 Filing 18 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION HEARING held on 4/15/2010. Motion was argued and a tenative Denial of Motion was given. Court Orders defendant to submit for review of Findings of of Fact and Conclusion of Law of the ruling on Motion. Plaintiffs Counsel M Anderson (Telephonic). Defendants Counsel H Swanson (Telephonic). Court Recorder: O. Figueroa. (Kusamura, W)
April 14, 2010 Filing 17 OPPOSITION by State of California Board of Registered Nursing to #4 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION. (Coffman, Lisa)
April 14, 2010 Filing 16 NOTICE of TRO HEARING by Ram Nehara re #4 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION. (Anderson, Michael)
April 14, 2010 Filing 14 MINUTE ORDER: On 4/13/10, Defendant, State of California, faxed the Court a request to continue the deadline for filing their written opposition to the TRO from 4/14/10 at 1:00 pm to 4/14/10 at 5:00 pm. That request, which will be docketed shortly, is GRANTED. (Coffman, Lisa)
April 13, 2010 Filing 15 MOTION for EXTENSION OF TIME to file Response, by Heather Hua, Deputy Attorney General. (Verduzco, M)
April 13, 2010 Opinion or Order Filing 13 ORDER by Chief Judge Anthony W. Ishii: Due to the recent appointment of Magistrate Judge Sheila K. Oberto to the bench of the Eastern District, this action is REASSIGNED from Magistrate Judge Dennis L. Beck for all further proceedings. (Sondheim, M)
April 12, 2010 Filing 12 MINUTE ORDER: (TEXT ENTRY ONLY) The court understands that counsel for the Defendant that is the target of the TRO, the State of California, has not been notified of the scheduled TRO hearing or of the deadline for filing responses to the TRO. Accordingly, the TRO hearing currently set for 4/14/10 at 12:00 noon is CONTINUED to 4/15/10 at 12:00 noon. Defendants shall have until 1:00 pm on Wednesday 4/14/10 to file a written response. Again, the court directs the parties to address isses of jurisdiction and absention. Plaintiff's counsel is ordered to IMMEDIATELY notify defense counsel, and in particular counsel for the State of California. of the content of this minute order. (Kusamura, W)
April 7, 2010 Filing 11 MINUTE ORDER (TEXT ENTRY ONLY): A hearing on Plaintiffs' application for a TRO #4 will be held on April 14, 2010 at 12:00 noon in Ctrm. 3 before Judge Oliver W. Wanger. Any opposition shall be filed by close of business on April 12, 2010. The court directs the parties to be prepared to address issues of jurisdiction and abstention, if applicable. Telephonic appearances are permitted. Please contact rgaumnitz@caed.uscourts.gov if the parties wish to appear telephonically. (Arellano, S.)
March 18, 2010 Filing 10 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/4/2010 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Consent Forms, #2 VDRP Forms) (Jessen, A)
March 18, 2010 Filing 9 SUMMONS ISSUED as to *Reynoldo Reyes, State of California, Alan Tom* with answer to complaint due within *21* days. Attorney *Michael Dale Anderson* *Anderson & Associates* *140 South Lake Ave, Suite 372* *Pasadena, CA 91101*. (Jessen, A)
March 18, 2010 Filing 8 SUMMONS ISSUED as to *Judy Pierce, David Ramos, North Kern State Prison* with answer to complaint due within *21* days. Attorney *Michael Dale Anderson* *Anderson & Associates* *140 South Lake Ave, Suite 372* *Pasadena, CA 91101*. (Jessen, A)
March 18, 2010 Filing 7 SUMMONS ISSUED as to *Vida McMillen, Phillip A. Mallory, Richard Gibbons, Evelyn Dionisio, Reynaldo Dimaano* with answer to complaint due within *21* days. Attorney *Michael Dale Anderson* *Anderson & Associates* *140 South Lake Ave, Suite 372* *Pasadena, CA 91101*. (Jessen, A)
March 18, 2010 Filing 6 SUMMONS ISSUED as to *Leif Agbayani, Department of Corrections and Rehabilitation, Michael Cavanaugh, Alfred Castro, Milgros Albano* with answer to complaint due within *21* days. Attorney *Michael Dale Anderson* *Anderson & Associates* *140 South Lake Ave, Suite 372* *Pasadena, CA 91101*. (Jessen, A)
March 18, 2010 Filing 4 MOTION for TEMPORARY RESTRAINING ORDER, MOTION for PRELIMINARY INJUNCTION by RAM NEHARA. (Attachments: #1 Declaration Ram Nehara in Support of Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction, #2 Declaration Patrick Vardapour in Support of Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction, #3 Declaration Dr. Jm Wang in Support of Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction, #4 Declaration Lorie Desantiago in Support of Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction, #5 Proposed Order Temporary Restraining Order and Order to Show Cause re Preliminary Injunction)(Anderson, Michael)
March 18, 2010 Filing 3 CIVIL COVER SHEET by RAM NEHARA (Anderson, Michael)
March 18, 2010 Filing 2 CLERK'S NOTICE to Michael Dale Anderson: Under Local Rule 3-200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. (Sant Agata, S)
March 18, 2010 RECEIPT number #CAE100010323 $350.00 fbo Ram Nehara by Michael D Anderson on 3/18/2010. (Sant Agata, S)
March 17, 2010 Filing 1 COMPLAINT for (1) Retaliation (2) Intentional Infliction of Emotional Distress (3) Disability Discrimination (4) Defamation and (5) Injunction against all defendants by RAM NEHARA. Attorney Anderson, Michael Dale added.(Anderson, Michael)

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Search for this case: Nehara v. State of California et al
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Plaintiff: Ram Nehara
Represented By: Michael Dale Anderson
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Defendant: State of California
Represented By: Andrea R. Austin
Represented By: Helene Emilie Swanson
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Defendant: Department of Corrections and Rehabilitation
Represented By: Andrea R. Austin
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Defendant: North Kern State Prison
Represented By: Andrea R. Austin
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Defendant: Michael Cavanaugh
Represented By: Andrea R. Austin
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Defendant: Alfred Castro
Represented By: Andrea R. Austin
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Defendant: Evelyn Dionisio
Represented By: Andrea R. Austin
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Defendant: Milgros Albano
Represented By: Andrea R. Austin
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Defendant: Reynaldo Dimaano
Represented By: Andrea R. Austin
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Defendant: Alan Tom
Represented By: Andrea R. Austin
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Defendant: Leif Agbayani
Represented By: Andrea R. Austin
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Defendant: Vida McMillen
Represented By: Andrea R. Austin
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Defendant: Judy Pierce
Represented By: Andrea R. Austin
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Defendant: Reynoldo Reyes
Represented By: Andrea R. Austin
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Defendant: Phillip A. Mallory
Represented By: Andrea R. Austin
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Defendant: David Ramos
Represented By: Andrea R. Austin
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Defendant: Richard Gibbons
Represented By: Andrea R. Austin
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