Garcia v. Juarez

Garcia v. Juarez

Plaintiff:	Roberto M. Garcia , Jr.
Defendant:	Matthew M. Juarez, Jr.
Case Number:	1:2012cv00750
Filed:	May 8, 2012
Court:	US District Court for the Eastern District of California
Office:	Fresno Office
County:	Kern
Presiding Judge:	Gary S. Austin
Presiding Judge:	Anthony W. Ishii
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
September 7, 2017	Filing 204 ORDER directing the Clerk of Court to close the case signed by Magistrate Judge Erica P. Grosjean on 9/7/2017. CASE CLOSED. (Lundstrom, T)
August 15, 2017	Filing 196 ORDER GRANTING Plaintiff's 130 Motion for Attendence of Incarcerated Witnesses Unwilling to Testify Voluntarily, signed by Magistrate Judge Erica P. Grosjean on 08/15/17. (Martin-Gill, S)
August 11, 2017	Filing 194 ORDER signed by Magistrate Judge Erica P. Grosjean on 8/2/2017 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Brian C. McComas is GRANTED. (Crouch, J)
August 8, 2017	Filing 190 ORDER Denying Defendant Juarez's ExParte 186 Application for Extension of Time to Complete Pre-Marking of Trial Exhibits, signed by Magistrate Judge Erica P. Grosjean on 8/8/17. (Gonzalez, R)
July 26, 2017	Filing 182 SECOND SUPPLEMENTAL PRETRIAL ORDER, signed by District Judge Anthony W. Ishii on 7/26/17. Jury Trial set for 12/5/2017 at 08:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii., Motion Hearing set for 9/18/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii., Trial Confirmation Hearing set for 11/20/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzalez, R)
July 24, 2017	Filing 181 ORDER Setting Briefing Schedule and Hearing on Plaintiff's 176 Motion to Compel Defendants Payment of Outstanding Fees, signed by Magistrate Judge Erica P. Grosjean on 7/21/17. Motion Hearing set for 8/28/2017 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Gonzalez, R)
July 12, 2017	Filing 180 ORDER Granting Plaintiff's 130 Motion for Attendance of Incarcerated Witnesses Unwilling to Testify Voluntarily signed by Magistrate Judge Erica P. Grosjean on 07/11/2017. (Flores, E)
July 7, 2017	Filing 179 ORDER DENYING 159 Motion to Enforce Settlement and ORDER DENYING 167 Motion to Strike; ORDERED trial date of August 29, 2017 - VACATED;parties should be prepared to set a new trial date at the pretrial conference on July 11, 2017, signed by District Judge Anthony W. Ishii on 07/6/17. (Martin-Gill, S)
June 21, 2017	Filing 175 ORDER GRANTING IN PART Defendant Juarez's Ex Parte 173 Application for Extension of Time to Complete Expert Discovery and Submit Joint Pretrial Statement signed by Magistrate Judge Erica P. Grosjean on 6/21/2017. Pretrial Conference Continued to 7/11/2017 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Sant Agata, S)
May 15, 2017	Filing 165 ORDER Striking and Sealing Documents 162 , signed by District Judge Anthony W. Ishii on 5/15/17. (Hellings, J)
April 26, 2017	Filing 157 ORDER for Defendant to File Motion Regarding Settlement signed by District Judge Anthony W. Ishii on 04/26/2017. (Flores, E)
April 25, 2017	Filing 155 ORDER VACATING Minutes Docket Entry 153 . Order signed by Magistrate Judge Sheila K. Oberto on 4/25/2017. (Timken, A)
March 8, 2017	Filing 148 ORDER re SETTLEMENT CONFERENCE. Order signed by Magistrate Judge Sheila K. Oberto on 3/8/2017. (Timken, A)
January 30, 2017	Filing 142 ORDER re: Notice of Tentative Settlement signed by District Judge Anthony W. Ishii on 1/30/2017: Plaintiff has filed a notice of tentative settlement. Doc. 141 . Plaintiff represents that the settlement can be finalized within 21 days. Pursuant to Local Rule 160(b), it is ordered that all necessary dispositional documents must be filed by 4:00 PM on February 16, 2017. The trial date of March 28, 2017 and all associated hearings and deadlines are vacated. (Valdez, E)
January 18, 2017	Filing 135 ORDER Re: Stipulated Protective Agreement 134 , signed by District Judge Anthony W. Ishii on 1/17/2017. (Martin-Gill, S)
January 11, 2017	Filing 131 ORDER Granting Plaintiff's 122 Motion for Attendance of Incarcerated Witnesses, signed by Magistrate Judge Erica P. Grosjean on 1/11/17. (Gonzalez, R)
December 30, 2016	Filing 127 ORDER signed by Magistrate Judge Erica P. Grosjean on 12/21/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Brian C. McComas is PARTIALLY GRANTED. (Crouch, J)
November 18, 2016	Filing 120 ORDER GRANTING In Part Plaintiff's Unopposed Initial Ex Parte 119 Application to Amend the Order Scheduling Expert Witness Disclosures, signed by Magistrate Judge Erica P. Grosjean on 11/18/16. (Marrujo, C)
October 19, 2016	Filing 114 ORDER for Office of the Attorney General to Address Plaintiff's 111 Status Report, signed by Magistrate Judge Erica P. Grosjean on 10/19/16. 14-Day Deadline. (Gonzalez, R)
October 12, 2016	Filing 109 ORDER DENYING Plaintiff's Motion to Reconsider 108 , signed by Magistrate Judge Erica P. Grosjean on 10/11/16. (Hellings, J)
September 29, 2016	Filing 104 ORDER GRANTING Plaintiff's 102 Motion for Documents, signed by Magistrate Judge Erica P. Grosjean on 9/29/2016. (Copies of 76-102 send to Plaintiff per this order) (Martin-Gill, S)
September 9, 2016	Filing 101 ORDER Granting 99 Request for Reconsideration of Court's August 24, 2016 Order to Allow Discs to be Held in Prison Litigation Office signed by Magistrate Judge Erica P. Grosjean on 09/09/2016. (Flores, E)
August 24, 2016	Filing 96 ORDER Requiring Supplemental Production by the CDCR of Documents withheld pursuant to the "Official Information Privilege",signed by Magistrate Judge Erica P. Grosjean on 8/24/2016. (Case Management Deadline: 14-Day Deadline) (Martin-Gill, S)
August 18, 2016	Filing 95 ORDER RE Notice of Telephonic Status Conference signed by Magistrate Judge Erica P. Grosjean on 08/18/2016. Telephonic Status Conference set for 10/6/2016 at 02:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.(Flores, E)
July 19, 2016	Filing 84 ORDER & WRIT of Habeas Corpus Ad Testificandum to Transport Plaintiff, Roberto M. Garcia, Jr., CDCR #T-36095, and His Legal Property, signed by Magistrate Judge Erica P. Grosjean on 7/19/16. (Marrujo, C)
July 7, 2016	Filing 83 ORDER Requiring Production by the CDCR of Documents Withheld Pursuant to the "Official Information Privilege" signed by Magistrate Judge Erica P. Grosjean on 07/07/2016. (Flores, E)
June 23, 2016	Filing 81 ORDER GRANTING PLAINTIFF'S REQUEST FOR RE-ISSUANCE OF SUBPOENA DUCES TECUM, AND PLACING PARTIES ON NOTICE THAT THE SUBPOENA TO AGENT M. DUNLOP, OFFICE OF INTERNAL AFFAIRS, SHALL ISSUE AFTER FIFTEEN DAYS FROM THE DATE OF SERVICE OF THIS ORDER 75 signed by Magistrate Judge Erica P. Grosjean on 6/23/2016. (Lundstrom, T)
May 25, 2016	Filing 76 ORDER granting 67 Motion to Appoint Counsel signed by Magistrate Judge Erica P. Grosjean on 5/24/2016. Attorney, Michael G. McKneely appointed for limited purpose. (Lundstrom, T)
May 11, 2016	Filing 71 SCHEDULING ORDER Following Status Conference Held on April 26, 2016, signed by Magistrate Judge Erica P. Grosjean on 05/11/2016. Settlement Conference set for 8/16/2016 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Telephonic Trial Confirmation Hearing set for 8/26/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 1/17/2017 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Flores, E)
March 28, 2016	Filing 64 Notice Of Telephonic Status Conference Before Magistrate Judge Erica P. Grosjean, signed by Magistrate Judge Erica P. Grosjean on 3/28/2016.(Telephonic Status Conference set for 4/26/2016 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean) (Fahrney, E)
January 14, 2016	Filing 59 ORDER DIRECTING Service of Subpoena Duces Tecum Upon CDCR by the United States Marshal without Prepayment of Costs signed by Magistrate Judge Erica P. Grosjean on 1/13/2016. (Sant Agata, S)
December 8, 2015	Filing 56 ORDER GRANTING Plaintiff's 53 Motion for Issuance of Subpoena Duces Tecum and Placing Parties on Notice that the Subpoena to the CDCR shall issue after Fifteen Days from the Date of Service of this Order, signed by Magistrate Judge Erica P. Grosjean on 12/8/2015. (15- Day Deadline) (Martin-Gill, S)
December 7, 2015	Filing 54 ORDER DIRECTING Service of Subpoena Duces Tecum by the United States Marshal without Prepayment of Cost, signed by Magistrate Judge Erica P. Grosjean on 12/4/2015. (20-Day Deadline)(Martin-Gill, S)
November 9, 2015	Filing 50 ORDER GRANTING IN PART AND DENYING IN PART Plaintiff's 40 Motion to Compel regarding Interrogatory Responses; ORDER for Defendant Juarez to Provide further dResponses as Instructed by this order, within Thirty Days, signed by Magistrate Judge Erica P. Grosjean on 11/9/15. (Martin-Gill, S)
November 2, 2015	Filing 49 ORDER GRANTING IN PART Plaintiff's 41 Motion to Compel; ORDER for Defendant Juarez to Provide further Responses as Instructed by this Order, within Thirty Days, signed by Magistrate Judge Erica P. Grosjean on 10/30/2015. (30-Day Deadline) (Martin-Gill, S)
August 20, 2015	Filing 47 ORDER DENYING 46 Motion to Appoint Counsel, signed by Magistrate Judge Gary S. Austin on 08/20/2015. (Martin-Gill, S)
February 13, 2015	Filing 39 ORDER Denying 36 Motion to Amend and 38 Motion for Appointment of Counsel, signed by Magistrate Judge Gary S. Austin on 02/13/15. (Gonzalez, R)
November 10, 2014	Filing 29 ORDER Granting Defendant's Motion for Extension of Time to File Responsive Pleading 27 ; ORDER Discharging Order to Show Cause Issued on October 30, 2014 28 , signed by Magistrate Judge Gary S. Austin on 11/7/14. Deadline: 12/1/14.(Verduzco, M)
October 30, 2014	Filing 28 ORDER REQUIRING Defendant Juarez to SHOW CAUSE within Thirty Days Why Default should not be entered against Him 20 ; ORDER DIRECTING Clerk's Office to Serve Courtesy Copy of this order on Defendant Juarez at address below,signed by Magistrate Judge Gary S. Austin on 10/29/14. (30-Day Deadline) (Copy of this order forwarded to Matthew M. Juarez at KVSP)(Martin-Gill, S)
July 11, 2014	Filing 25 ORDER Denying 23 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 07/11/2014. (Flores, E)
May 9, 2014	Filing 19 ORDER Adopting 18 FINDINGS AND RECOMMENDATIONS; ORDER for this Action to Proceed Only Against Defendant Juarez for Use of Excessive Force, and DISMISSING all other Claims signed by District Judge Anthony W. Ishii on 5/9/2014. (Sant Agata, S)
March 28, 2014	Filing 18 FINDINGS and RECOMMENDATIONS recommending that this case proceed on the First Amended Complaint against Defendant Juarez for use of excessive force in violation of the Eighth Amendment; All other claims be DISMISSED from this action; Plaintiff's equal protection claim be DISMISSED from this action; This case be REFERRED back to the Magistrate Judge for further proceedings, including initiation of service of process re 11 Amended Prisoner Civil Rights Complaint ; referred to Judge Ishii,signed by Magistrate Judge Gary S. Austin on 03/28/2014. Objections to F&R due by 4/21/2014 (Martin-Gill, S)
July 11, 2013	Filing 15 ORDER Finding Plaintiff's 13 Objections Moot; ORDER Striking 14 Amended Complaint Lodged on July 5, 2013 as Duplicative, signed by Magistrate Judge Gary S. Austin on 7/10/13. (Gonzalez, R)
June 25, 2013	Filing 12 ORDER Vacating 10 Findings and Recommendation of June 14, 2013; ORDER Deeming 11 First Amended Complaint Timey Filed, signed by Magistrate Judge Gary S. Austin on 6/24/13. (Gonzalez, R)
June 14, 2013	Filing 10 FINDINGS and RECOMMENDATIONS recommending that this action be DISMISSED for failure to state a claim upon which relief can be granted, and that this action count as a strike under 28: 1915(g) re 1 Prisoner Civil Rights Complaint filed by Roberto M. Garcia, Jr. ;referred to Judge Ishii,signed by Magistrate Judge Gary S. Austin on 06/14/2013. (20) Day Deadline (Martin-Gill, S)

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Plaintiff: Roberto M. Garcia , Jr.
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Defendant: Matthew M. Juarez, Jr.
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