McCoy v. Holguin et al
| LaKeith L. McCoy |
| A. Holguin, C. Casillas, D. King, V. Moore, J. Gonzales, A. Martinez, S. Lomas, O. Delgado, E. Barron, Montanez, Mayfield, Moreno, C. Martinez, G. Arellano, Kilmer, Santa Maria, Holland, Hollis Bennett and DeLuna |
| 1:2015cv00768 |
| May 20, 2015 |
| U.S. District Court for the Eastern District of California |
| Fresno Office |
| Kern |
| Michael J. Seng |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
326
ORDER DENYING REQUEST FOR ENTRY OF JUDGMENT 323 signed by District Judge Kirk E. Sherriff on 4/08/2025. IT IS ORDERED Defendants' request for entry of judgment, Doc. 323 , is DENIED. (Deputy Clerk VMG)
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Filing
325
ORDER setting Settlement Conference and Parameters and Scheduling Pre-Conference Telephonic Discussion signed by Magistrate Judge Helena M. Barch-Kuchta on 4/2/2025. Settlement Statements due 4/23/2025, Settlement Conference 4/30/2025. (Deputy Clerk TEL)
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Filing
302
NOTICE AND ORDER that Inmate Witness Joshua Howard, CDCR # T-47638, is no longer needed in these proceedings and Discharging the Writ of Habeus Corpus Ad Testificandum signed by District Judge Kirk E. Sherriff on 2/25/2025. (Deputy Clerk VMG)
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Filing
274
ORDER DENYING 265 Motion for Service of Subpoena by Court or Court Officer signed by District Judge Kirk E. Sherriff on 1/29/2025. (Deputy Clerk AML)
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Filing
268
ORDER GRANTING MOTION TO MODIFY PRETRIAL ORDER TO ADD INADVERTENTLY OMITTED EXHIBIT signed by District Judge Kirk E. Sherriff on 1/23/2025. IT IS ORDERED Defendants' motion to modify the amended final pretrial order to add the sign-in sheets as an exhibit, Doc. 254 , is GRANTED. The amended final pretrial order, Doc. 252 , is so amended by this Order to include the additional exhibit. Plaintiff's request to amend the complaint, Doc. 264 , is DENIED. (Deputy Clerk VMG)
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Filing
259
JOINT STIPULATION AND ORDER REGARDING TESTIMONY OR MENTION OF OFFERS TO COMPROMISE signed by District Judge Kirk E. Sherriff on 1/13/2025. Pursuant to the parties' stipulation, at trial in this matter, the parties shall not offer or elicit any testimony as to, or mention in front of the jury, any offers to compromise or statements made during settlement negotiations. (Deputy Clerk VMG)
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Filing
249
ORDER Directing Clerk of Court to Issue Subpoenas, signed by Magistrate Judge Helena M. Barch-Kuchta on 12/20/2024. Fourteen-Day Deadline. (Maldonado, C)
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Filing
246
TENTATIVE AMENDED FINAL PRETRIAL ORDER signed by District Judge Kirk E. Sherriff on 12/13/2024. Deadlines: Objections to Pretrial Order: December 27, 2024. Motion in Limine Filing: January 14, 2025. Oppositions: January 28, 2025Exhibits due to Co urt: February 18, 2025. Proposed Jury Instructions, Verdict Form, and Voir Dire: February 11, 2025. Objections: February 18, 2025. Trial Confirmation Hearing: February 18, 2025, at 3:00 p.m. Courtroom 6. Jury Trial: February 25, 2025, at 8:30 a.m. Courtroom 6. (Lundstrom, T)
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Filing
244
ORDER DIRECTING Plaintiff to File Complete Pretrial Statement, signed by Magistrate Judge Helena M. Barch-Kuchta on 12/3/2024. Filing Deadline: 12/10/2024. (Marrujo, C)
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Filing
240
ORDER GRANTING 238 Motion for Attendance of Incarcerated Witness and Setting Deadlines and Fees for Nonincarcerated Witnesses, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/22/2024. Witness fees due 12/23/2024. (Marrujo, C)
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Filing
237
ORDER Directing Plaintiff to Submit Witness Information, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/04/2024. Defendants' Opposition Deadline: 11/18/2024. Witness Names Deadline: 11/4/2024. Motions Deadline: 11/4/2024. (Maldonado, C)
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Filing
227
ORDER GRANTING 226 Defendants' Motion for Continuance of Trial Date, signed by Magistrate Judge Helena M. Barch-Kuchta on 03/28/2024. Filing Deadline: 4/5/2024. (Maldonado, C)
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Filing
224
AMENDED ORDER Setting Trial Date, Telephonic Trial Confirmation Hearing and Related Deadlines, signed by Magistrate Judge Helena M. Barch-Kuchta on 03/25/2024. Defendants' Amended Pretrial Statement Deadline: 4/19/2024. Trial set for 7/16/2024 at 08:30 AM in Courtroom 6 (KES) before District Judge Kirk E. Sherriff. Telephonic Trial Confirmation Hearing set for 5/13/2024 at 01:30 PM in Courtroom 6 (KES) before District Judge Kirk E. Sherriff. (Maldonado, C)
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Filing
218
ORDER Setting Trial Date, Telephonic Trial Confirmation Hearing and Related Deadlines, signed by Magistrate Judge Helena M. Barch-Kuchta on 9/29/2023. Plaintiff's Pretrial Statement: 12/11/2023. Defendants' Pretrial Statement: 1/11/2024. < b>Telephonic Trial Confirmation Hearing set for 3/4/2024 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. Trial set for 5/7/2024 at 08:30 AM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: # 1 Local Rule 281)(Rivera, O)
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Filing
215
ORDER ADOPTING 214 Findings and Recommendations and DENYING 194 Defendants' Motion for Summary Judgment, signed by District Judge Ana de Alba on 9/12/2023. This matter is referred back to the Magistrate Judge for further proceedings. (Rivera, O)
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Filing
214
FINDINGS and RECOMMENDATIONS to deny Defendant's Motion for Summary Judgment signed by Magistrate Judge Helena M. Barch-Kuchta on 8/1/2023. Referred to Judge Ana de Alba; Objections to F&R due within 14-Days. (Lundstrom, T)
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Filing
201
ORDER DENYING Plaintiff's 197 Motion to Stay and Construed Rule 56(d) Motion; ORDER GRANTING Extension of Time to File Response signed by Magistrate Judge Helena M. Barch-Kuchta on 10/27/2022. Response Deadline: 12/28/2022. (Sant Agata, S)
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Filing
198
ORDER Directing Defendants to Respond to Plaintiff's [197 Motion signed by Magistrate Judge Helena M. Barch-Kuchta on 10/07/2022. Fourteen-Day Deadline. (Flores, E)
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Filing
193
ORDER DENYING 189 Plaitniff's Motion to Stay signed by Magistrate Judge Helena M. Barch-Kuchta on 9/2/2022. (Lawrence, A)
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Filing
187
ORDER Granting Defendants' 176 Motion for Leave to File Motion for Summary Judgment; ORDER Denying without Prejudice Motion to Set Trial Date signed by Magistrate Judge Helena M. Barch-Kuchta on 06/30/2022. Filing Deadline: 9/7/2022.(Flores, E)
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Filing
185
ORDER GRANTING Defendant's Motion to Redact Previously-Filed Document. ORDER directing Clerk to Redact, Restrict Access, or otherwise Seal Document 34-3, Page 74 179 signed by Magistrate Judge Helena M. Barch-Kuchta on 6/28/2022. (Lundstrom, T)
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Filing
173
ORDER DENYING 170 Plaintiff's Motion for Sanctions, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/23/2021. (Maldonado, C)
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Filing
169
ORDER DENYING Plaintiff's 166 Motion to Appoint Counsel signed by Magistrate Judge Helena M. Barch-Kuchta on 11/10/2021. (Sant Agata, S)
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Filing
165
ORDER Setting Settlement Conference signed by District Judge Dale A. Drozd on 10/11/2021. Settlement Conference set for 12/15/2021 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Jessen, A)
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Filing
164
ORDER GRANTING 161 Motion to Withdraw as Pro Bono Counsel, DENYING Plaintiff's 162 Motion to Appoint New Counsel, and Referring Case to ADR Coordinator to Schedule Settlement Conference, signed by District Judge Dale A. Drozd on 9/25/2021. (Marrujo, C)
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Filing
151
ORDER ADOPTING 146 Findings and Recommendations; ORDER DENYING 145 Motion for Emergency Injunctive Relief, signed by District Judge Dale A. Drozd on 05/17/2021.(Martin-Gill, S)
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Filing
148
ORDER APPOINTING COUNSEL for the Limited Purpose of Trial and Trial Setting Hearing, signed by Magistrate Judge Helena M. Barch-Kuchta on 4/22/2021. Attorney Jack Duran, Jr. for LaKeith L. McCoy added. (Rivera, O)
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Filing
147
ORDER GRANTING Plaintiff's 144 Motion to Appoint Counsel, signed by Magistrate Judge Helena M. Barch-Kuchta on 04/13/2021. (Copy of this order forwarded to Sujean Park Castelhano) (Martin-Gill, S)
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Filing
146
FINDINGS and RECOMMENDATIONS to deny Plaintiff's Motion for emergency injunctive relief 145 and directing Clerk to serve Order on Litigation Coordinator signed by Magistrate Judge Helena M. Barch-Kuchta on 4/9/2021. Referred to Judge Dale A. Drozd; Objections to F&R due within 30-Days. (Lundstrom, T)
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Filing
134
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM for Teleconference on January 15, 2021 at 2:00 p.m. and for a Zoom Settlement Conference on January 22, 2021 at 2:00 p.m., signed by Magistrate Judge Helena M. Barch-Kuchta on 12/30/2020.(Flores, E)
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Filing
131
ORDER (1) SETTING SETTLEMENT CONFERENCE, (2) REQUIRING PERSONAL ATTENDANCE BY CERTAIN INDIVIDUALS, (3) REQUIRING SETTLEMENT CONFERENCE STATEMENT MEETING CERTAIN PARAMETERS, AND (4) SCHEDULING PRE-CONFERENCE TELEPHONIC DISCUSSION, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/25/2020(Dunbar-Kari, K)
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Filing
120
ORDER GRANTING Defendants' 119 Motion for a Continuance of the Trial Conference and Trial signed by Magistrate Judge Jeremy D. Peterson on 12/3/2019. Telephonic Pretrial Conference set for 3/30/2020 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; Jury Trial set for 5/27/2020 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Sant Agata, S)
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Filing
117
ORDER GRANTING 113 Defendants' Motion for a Continuance of the Trial Date signed by Magistrate Judge Jeremy D. Peterson on 11/5/2019. Jury Trial RESET for 5/19/2020 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Jessen, A)
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Filing
96
ORDER ADOPTING IN PART 91 FINDINGS AND RECOMMENDATIONS and GRANTING IN PART Defendants' 75 Motion for Summary Judgment signed by District Judge Dale A. Drozd on 3/24/2018. (Sant Agata, S)
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Filing
95
ORDER ADOPTING 93 FINDINGS AND RECOMMENDATIONS AND DISMISSING NONCOGNIZABLE CLAIM, signed by District Judge Dale A. Drozd on 03/19/18. (Martin-Gill, S)
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Filing
93
FINDINGS and RECOMMENDATIONS to 15 Dismiss Non-Cognizable Claims signed by Magistrate Judge Michael J. Seng on 02/22/2018. Referred to Judge Drozd; Objections to F&R due by 3/12/2018. (Flores, E)
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Filing
91
ORDER granting 78 Motion for Extension of Time; denying without prejudice 86 , 87 Motions to Compel; staying merits-based discovery pending resolution of Defendants' 75 Motion for Summary Judgment. FINDINGS and RECOMMENDATIONS to grant in part Defendants' 75 MOTION for SUMMARY JUDGMENT for failure to exhaust administrative remedies signed by Magistrate Judge Michael J. Seng on 1/18/2018. Referred to Judge Dale A. Drozd; Objections to F&R's due within 14-Days. (Lundstrom, T)
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Filing
89
ORDER adopting 77 FINDINGS AND RECOMMENDATIONS and denying 72 Motion to Stay signed by District Judge Dale A. Drozd on 11/14/2017. (Lundstrom, T)
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Filing
80
ORDER (1) GRANTING 64 Plaintiff's Unopposed Second Motion to Amend Discovery and Scheduling Order; (2) DENYING 65 Plaintiff's Motion for Order Compelling Responses to Discovery (Renewed); (3) GRANTING 66 In Part Plaintiff's Motio n for Order to Compel (Renewal); (4) DENYING 67 Plaintiff's Motion for Leave to Propound Additional Interrogatories; (5) DENYING 69 Plaintiff's Motion to Compel Further Responses to First Request for Production of Documents; and (6) DENYING 74 Plaintiff's Motion for Protective Order, signed by Magistrate Judge Michael J. Seng on 9/12/17. (Marrujo, C)
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Filing
77
ORDER GRANTING Defendants' Request for Judicial Notice; and FINDINGS and RECOMMENDATIONS to Deny Defendants' Motion to Stay 72 - 73 , signed by Magistrate Judge Michael J. Seng on 8/18/17: 14-Day Objection Deadline. (Hellings, J)
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Filing
62
ORDER (1) Amending Discovery and Scheduling Order; and (2) Denying Without Prejudice 40 Plaintiff's Motion to Compel signed by Magistrate Judge Michael J. Seng on 5/12/2017. Discovery due by 6/30/2017. Dispositive Motions filed by 8/15/2017. (Jessen, A)
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Filing
61
ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 44 Defendants' Motion to Revoke Plaintiff's In Forma Pauperis Status; ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS; and Order Directing Plaintiff to Pay the $400.00 Filing Fee in Full Within Fourteen (14) Days signed by District Judge Dale A. Drozd on 5/11/2017. (Jessen, A)
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Filing
60
ORDER GRANTING 59 Motion for Clarification signed by Magistrate Judge Michael J. Seng on 4/14/2017. (Sant Agata, S)
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Filing
56
ORDER Granting 45 Request for Judicial Notice; FINDINGS and RECOMMENDATIONS to Revoke Plaintiff's In Forma Pauperis Status and Direct Plaintiff to Pay Filing Fee in Full re 44 , signed by Magistrate Judge Michael J. Seng on 3/6/17. Referred to Judge Drozd. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
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Filing
54
ORDER (1) GRANTING Plaintiff's Motion for Extension of Time; (2) GRANTING Defendants' Motion to Stay; and (3) DENYING WITHOUT PREJUDICE Plaintiff's Discovery Motions 40 , 49 , 50 , 53 , signed by Magistrate Judge Michael J. Seng on 2/6/17: Plaintiff's opposition to Defendants' motion to revoke is due February 20, 2017. (Hellings, J)
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Filing
46
ORDER Granting in Part and Denying in Part 33 Plaintiff's Motion to Compel; Granting in Part and Denying in Part 41 Plaintiff's Application for Modification of Discovery and Scheduling Order; and Granting in Part and Denying in Part 42 Defendants' Motion for Extension of Time, signed by Magistrate Judge Michael J. Seng on 1/23/17. Discovery due by 2/17/2017. Dispositive Motions filed by 4/19/2017. (Gonzalez, R)
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Filing
8
ORDER UNSEALING Case, signed by Magistrate Judge Michael J. Seng on 7/8/15. (Hellings, J)
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