Forte v. County of Merced et al
Plaintiff: Eugene E. Forte
Defendant: County of Merced, Larry Morse, John Picinich, Mark Pazin, James Padron, Jaskowiac, Hill, Leuchner, Jerry O'Banion, City of Los Banos, Gary Brizzee, Anthony Parker, Catholic Diocese of Fresno, Connie McGhee, Los Banos Enterprise, Gene Lieb, Corey Pride, Hyatt Summerfield Suites, Ana Villa, Pleasanton Police Department, Jerry Nicely, Mardene Lashley and Mickleburg
Case Number: 1:2011cv00318
Filed: February 24, 2011
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Merced
Presiding Judge: Anthony W. Ishii
Presiding Judge: Sheila K. Oberto
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
October 7, 2015 Opinion or Order Filing 380 ORDER Denying Plaintiff's 379 Exparte Application For Clarification and Correction and ORDER on 347 Objections to Bill of Costs, signed by District Judge Anthony W. Ishii on 10/7/2015. (Gaumnitz, R)
September 30, 2015 Opinion or Order Filing 376 ORDER Denying Defendants' 362 Motion For Injunction Without Prejudice, signed by District Judge Anthony W. Ishii on 9/29/2015. (It is hereby ORDERED that Defendants' motion to enjoin Plaintiff from further filing is hereby DENIED without prejudice. This motion may be renewed upon resolution of Plaintiff's currently pending in Case Number 15-cv-0147 KJM BAM. 373 Resolved.) (Gaumnitz, R)
September 28, 2015 Opinion or Order Filing 375 ORDER Denying Plaintiff's 374 Exparte Application to Correct Omissions Regarding Docket Numbers 320 and 321, signed by District Judge Anthony W. Ishii on 9/28/2015. (Gaumnitz, R)
July 23, 2015 Opinion or Order Filing 356 Response to Plaintiff's 355 Application For Correction of Defendant List in Appellate Case 15-16368, signed by District Judge Anthony W. Ishii on 7/23/2015. (Plaintiff's ex parte request to correct the appellate court's docket is DENIED.) (Gaumnitz, R)
June 8, 2015 Opinion or Order Filing 343 MEMORANDUM OPINION and ORDER, Denying Reconsideration of Magistrate Judge's Order Denying Leave to Supplement and ORDER Adopting Recommendations to Apply Terminating Sanctions and Related Orders, signed by District Judge Anthony W. Ishii on 6/5/15. CASE CLOSED. (Verduzco, M)
May 7, 2015 Opinion or Order Filing 336 ORDER Denying 327 Ex Parte Application For Extension of Time to File Supplemental Objections and Response to Application at Document 330 , signed by District Judge Anthony W. Ishii on 5/7/2015. ( 300 F&R's are hereby TAKEN UNDER SUBMISSION. The court hereby EXTENDS the STAY of proceedings in this case until such time as it will issue its orders on the Magistrate Judges F&Rs.)(Gaumnitz, R)
April 17, 2015 Opinion or Order Filing 324 ORDER re: Plaintiff's Request for Court Transcripts. signed by Magistrate Judge Barbara A. McAuliffe on 4/17/2015. (Herman, H)
April 9, 2015 Opinion or Order Filing 319 ORDER ADMONISHING Plaintiff Regarding Documents filed in CM/ECF; STRIKING Doc. 318; and GRANTING Leave to File a Proper Motion. Accordingly, DOC. 318 is STRICKEN from the Docket in this case. Plaintiff is granted leave to file an appropriate motion. Plaintiff is advised that any future filings must be filed in a motion format. Docket entries that are argumentative and abusive are improper. Any further such filings will result in revocation of permission to file electronically. signed by Magistrate Judge Barbara A. McAuliffe on 4/9/2015. (Herman, H)
March 16, 2015 Opinion or Order Filing 317 ORDER GRANTING Plaintiff's 315 Request For Furhter Extension of Time to File Opposition to Magistrate Judge's Findings and Recommendations, signed by District Judge Anthony W. Ishii on 3/16/2015. (It is hereby ORDERED that the filing dea dline for Plaintiffs opposition to the Magistrate Judges Findings and Recommendations is EXTENDED to Thursday, April 16, 2015, at 4:00 p.m. Defendants response to Plaintiffs opposition shall be filed and served not later than 4:00 p.m. on April 30, 2015. The stay placed on ALL other filings or activities in this case is hereby EXTENDED to May 15, 2015.) (Gaumnitz, R)
February 25, 2015 Opinion or Order Filing 314 ORDER Granting Plaintiff's 306 Request For Extension of Time to File Opposition to Magistrate Judge's Findings and Recommendations for Terminating Sanctions, signed by District Judge Anthony W. Ishii on 2/25/2015. (It is hereby ORDERED th at the filing deadline for Plaintiff's opposition to the Magistrate Judges Findings and Recommendations is EXTENDED to Thursday, March 26, 2015, at 4:00 p.m. Defendants' response to Plaintiffs opposition shall be filed and served not later than 4:00 p.m. on April 12, 2015. The stay placed on ALL other filings or activities in this case is hereby EXTENDED to April 26, 2015.)(Gaumnitz, R)
February 3, 2015 Opinion or Order Filing 300 ORDER Denying Moton to Supplement Complaint: Court Vacates hearing for February 6, 2015. FINDINGS and RECOMMENDATIONS recommending Dismissal for Bad Faith Conduct. (Docs. 280-282). Based on the foregoing, the Court FINDS and HEREBY RECOMMENDS as follows: (1) DENY Plaintiffs request to supplement the complaint; (2) DISMISS this action with prejudice pursuant to Federal Rule of Civil Procedure 41(b), Local Rules, and the Courts inherent authority and enter judgment in favor of Defendants and against Plaintiff; and (3) STAY all proceedings in this case pending resolution of these Findings and Recommendations. Referred to Judge Ishii; Objections to F&R dueWithin twenty-one (21) 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 2/3/2015. (Herman, H)
January 26, 2015 Opinion or Order Filing 296 ORDER STAYING Deposition Discovery Pending Resolution of Plaintiff's Motion to Supplement (Doc. 280-282). (1) Deposition Discovery, including subpoenas, is STAYED pending the resolution of the motion to supplement the complaint. (2) Plai ntiffs Reply brief for his motion to supplement remains due on January 30, 2015. (3) Upon ruling on Plaintiffs motion to supplement, the Court will address any extension of the fact discovery deadline to address proper deposition discovery requests. signed by Magistrate Judge Barbara A. McAuliffe on 1/26/2015. (Herman, H)
October 28, 2014 Opinion or Order Filing 271 INFORMATIONAL ORDER on Plaintiff's 265 Request For Investigation and Order on 269 Motion to Stay, signed by District Judge Anthony W. Ishii on 10/28/2014. (Plaintiffs Motion to Stay is hereby DENIED. The Magistrate Judges order of September 23, 2014, remains in full force and effect.)(Gaumnitz, R)
October 17, 2014 Opinion or Order Filing 268 ORDER on Plaintiff's Request for Clarification (Docs. 266 and 267). signed by Magistrate Judge Barbara A. McAuliffe on 10/17/2014. (Herman, H)
September 23, 2014 Opinion or Order Filing 263 ORDER Granting Defendants' Motions to Compel; ORDER Denying Defendants' Motions to Dismiss, without Prejudice; ORDER Denying Plaintiff's Requests for Judical Notice; ORDER Staying Discovery Until October 14, 2014. (1) Defendants' ; Motion to Compel a supplemental Rule 26 disclosure is GRANTED. Plaintiff Eugene Forte's supplemental disclosures shall be served on or before October 14, 2014; (2) Defendants' Motions to Dismiss are DENIED, without prejudice; (3) Discovery is STAYED pending Plaintiff Eugene Forte's production of a supplemental Rule 26 disclosure; and (4) Failure to comply with the terms of this Order will result in a recommendation of dismissal of the case, with prejudice. signed by Magistrate Judge Barbara A. McAuliffe on 9/23/2014. (Herman, H)
August 22, 2014 Opinion or Order Filing 245 ORDER Re Request for Subpoenas Pursuant to Rule 45. As plaintiff has been provided with three subpoenas, any further request for subpoenas must be submitted to the Court in writing. signed by Magistrate Judge Barbara A. McAuliffe on 8/22/2014. (Herman, H)
August 4, 2014 Opinion or Order Filing 244 ORDER Granting Plaintiff's Ex Parte Application and RESETTING Hearings on Defendants' MOTIONS. RESET MOTIONS HEARING as to Defendants' Motion to Dismiss (was currently under submission) and Motions to Compel Discovery (was set for hearing on 8/29/2014) (Doc. 227, 228) to: September 19, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Plaintiff's Opposition to these Motions, if any, shall be filed and served on or b efore September 5, 2014. Defendants' reply briefs shall be filed and served on or before September 12, 2014. The Court will not grant any additional request to continue the hearings on these motions, nor will the Court permit relief from the above briefing schedule, absent a strong showing of good cause. signed by Magistrate Judge Barbara A. McAuliffe on 8/4/2014. (Herman, H)
July 31, 2014 Opinion or Order Filing 232 ORDER ON JOINT MOTION TO COURT FOR APPROVAL of Written Stipulation between Plaintiff and Defendant Anthony Parker extending Plaintiffs' time to respond or object to Defendant Anthony Parker's request for Production set one (1) set date June 26th, Production date July 31, 2014 to August 25, 2014, signed by Magistrate Judge Barbara A. McAuliffe on 7/31/2014. (Kusamura, W)
April 30, 2014 Opinion or Order Filing 225 ORDER Admonishing Plaintiff to Cease Ex Parte Communication Attempts. Plaintiff is ordered to cease and desist any contact with the Court unless it is in the context of a lawfully brought motion, filed pursuant to law and procedure, and served on all parties in the case. signed by Magistrate Judge Barbara A. McAuliffe on 4/30/2014. (Herman, H)
February 4, 2014 Opinion or Order Filing 205 ORDER on Notice of Availability of Counsel (203). The filing of a Notice of Unavailability does not relieve the party who files such a notice of the party's obligations for currently set or previously set deadlines, timeframes, or other Court obligations. signed by Magistrate Judge Barbara A. McAuliffe on 2/4/2014. (Herman, H)
January 31, 2014 Opinion or Order Filing 202 Court's response to Plaintiff's 174 Motion for a More Definitive Statement and 193 Amended Motion for Orders and Plaintiff's Status Report on Appeal, signed by District Judge Anthony W. Ishii on 1/30/2014. (Figueroa, O)
January 28, 2014 Opinion or Order Filing 201 ORDER DENYING Plaintiff's Ex Parte Application for an Order Extending the Time for Plaintiff to Amended His Complaint 196 , signed by Magistrate Judge Barbara A. McAuliffe on 1/24/2014. (Herman, H)
November 5, 2013 Opinion or Order Filing 189 ORDER SETTING Briefing Schedule on Plaintiff's Motion to Amend First Amended Complaint: (1)Plaintiff's Motion to Amend the First Amended Complaint filed by 1/31/2014. (2) Defendants shall file their Opposition by 2/28/2014. (3) Plainti ff shall file Reply by 3/21/2014. (4) MOTION HEARING set for April 4, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Moving and opposition brief shall not exceed 25 pages. Plaintiff's reply brief shall not exceed 10 pages. signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2013. (Herman, H)
October 23, 2013 Opinion or Order Filing 179 ORDER in Response to Plaintiff's "Notice of Intent to Request Redaction and List of Redactions and Corrections to September 3, 2013 Transcript" (Doc. 112 in case 1:11-cv-00718-AWI-BAM) signed by District Judge Anthony W. Ishii on 10/23/2013. (Gaumnitz, R)
October 16, 2013 Opinion or Order Filing 178 ORDER VACATING Hearing Date of October 21, 2013 re Plaintiff's Motion (Doc. 174 ), Signed by District Judge Anthony W. Ishii on 10/16/2013. Matter taken under submission. (Arellano, S.)
July 23, 2013 Opinion or Order Filing 163 ORDER on Plaintiff's Motion for Clarification of Prior Orders of the Court, signed by District Judge Anthony W. Ishii on 7/22/13. This Order Addresses Documents 157 , 159 , & 161 . (Verduzco, M)
July 3, 2013 Opinion or Order Filing 156 ORDER Denying Plaintiff's Motion for Issuance of Subpoenas Duces Tecum and continuing hearing. Motion Hearing set for 7/9/13 is continued to 9/3/2013 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.); granting in part and denying in part 145 Motion to Continue signed by District Judge Anthony W. Ishii on 7/3/13. (Nazaroff, H)
June 27, 2013 Opinion or Order Filing 149 MEMORANDUM, OPINION and ORDER on Parties' Motions for Appointment of Guardian Ad Litem; ORDER on Plaintiff's Motions for Appointment of Attorney or Attorney Ad Litem; INFORMATIONAL ORDER on Scheduled Hearing on Mental Capacity, signed by District Judge Anthony W. Ishii on 6/26/13. (Hellings, J)
June 21, 2013 Opinion or Order Filing 141 ORDER vacating hearing date of June 24, 2013 and taking the matter under submission. signed by District Judge Anthony W. Ishii on 6/20/13. (Nazaroff, H)
May 30, 2013 Opinion or Order Filing 136 Notice/ORDER of Status Conference in Case 1:11-cv-00718 and Scheduling Order re: Competency Hearing, signed by District Judge Anthony W. Ishii on 5/29/13. (Gonzalez, R)
May 23, 2013 Opinion or Order Filing 132 ORDER Moving Status Conference and Granting Leave to Attend Telephonically, signed by District Judge Anthony W. Ishii on 5/22/13. Status Conference set for 5/29/2013 at 10:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Verduzco, M)
March 25, 2013 Opinion or Order Filing 118 Response to Plaintiff's request for intervention and ORDER requiring defendants update status of criminal proceedings in Superior Court, signed by District Judge Anthony W. Ishii on 3/25/2013. ( Status of Criminal Proceedings Deadline: 4/12/2013)(Figueroa, O)
February 24, 2012 Opinion or Order Filing 106 ORDER Regarding Plaintiff's 101 Opposition to Defendants' 97 Motion to Correct Clerical Error and Order on Same signed by Chief Judge Anthony W. Ishii on 1/23/2012. (Figueroa, O)
February 14, 2012 Opinion or Order Filing 104 ORDER Correcting Prior Clerical Error and Amending Court's Order of January 11, 2012, Regarding Stay of Action on Plaintiff's Claim for Unlawful Arrest signed by Chief Judge Anthony W. Ishii on 2/14/2012. (Amending Document 96 )(Figueroa, O)
January 11, 2012 Opinion or Order Filing 96 MEMORANDUM Opinion and ORDER on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to F.R.C.P. 12(b), Motion to Strike, Motion to Quash Service of Summons and Related Matters, 24 27 32 33 35 34 45 & 92 , signed by Chief Judge Anthony W. Ishii on 1/10/2012. (Gaumnitz, R)
December 13, 2011 Opinion or Order Filing 88 ORDER Continuing Initial Schedule Conference: from 1/23/12 to Telephonically - Monday, May 7, 2012 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 12/9/2011. (Herman, H)
November 23, 2011 Opinion or Order Filing 84 ORDER GRANTING Plaintiff's 79 Request to File Sur-Reply signed by Chief Judge Anthony W. Ishii on 11/22/2011. (Sant Agata, S)
November 17, 2011 Opinion or Order Filing 83 ORDER - Requirement for Mandatory Scheduling Conference with Judge McAuliffe - see attached. signed by Magistrate Judge Barbara A. McAuliffe on 11/17/2011. (Herman, H)
September 30, 2011 Opinion or Order Filing 77 ORDER Vacating October 3, 2011 Hearing Date and Taking Matter Under Submission, signed by Chief Judge Anthony W. Ishii on 9/29/11. (Verduzco, M)
August 4, 2011 Opinion or Order Filing 53 ORDER, signed by Chief Judge Anthony W. Ishii on 8/3/11: Plaintiff's Motion to Continue Hearings on Defendants' Motiond to Dismiss is GRANTED; Motions CONTINUED from 8/22/2011 to 10/3/2011 at 1:30 pm in Courtroom 2. (Hellings, J)
June 24, 2011 Opinion or Order Filing 23 ORDER GRANTING 22 Plaintiff's Motion to Participate in Electronic Filing signed by Magistrate Judge Sheila K. Oberto on 6/23/2011. (Jessen, A)
May 25, 2011 Opinion or Order Filing 17 INFORMATIONAL ORDER signed by Magistrate Judge Sheila K. Oberto on 5/24/2011. (Timken, A)
May 6, 2011 Opinion or Order Filing 14 ORDER DENYING 12 Plaintiff's Motion to participate in electronic filing signed by Magistrate Judge Sheila K. Oberto on 5/6/2011. (Timken, A)
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Search for this case: Forte v. County of Merced et al
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Plaintiff: Eugene E. Forte
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Defendant: County of Merced
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Defendant: Larry Morse
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Defendant: John Picinich
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Defendant: Mark Pazin
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Defendant: James Padron
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Defendant: Jaskowiac
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Defendant: Hill
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Defendant: Leuchner
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Defendant: Jerry O'Banion
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Defendant: City of Los Banos
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Defendant: Gary Brizzee
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Defendant: Anthony Parker
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Defendant: Catholic Diocese of Fresno
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Defendant: Connie McGhee
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Defendant: Los Banos Enterprise
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Defendant: Gene Lieb
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Defendant: Corey Pride
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Defendant: Hyatt Summerfield Suites
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Defendant: Ana Villa
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Defendant: Pleasanton Police Department
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Defendant: Jerry Nicely
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Defendant: Mardene Lashley
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Defendant: Mickleburg
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