Eichler v. Sherbin, et al
| 2:2004cv01108 |
| June 9, 2004 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Garland E. Burrell |
| John F. Moulds |
| Both |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
302
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 02/22/12 ORDERING that plaintiff's 05/20/11 request for appointment of an expert is denied. Also, RECOMMENDING that plaintiff's 05/20/11 Rule 56(d) request be denied. Mercy's 02/25/11 motion for summary judgment be granted. Plaintiff's 04/25/11 cross-motion for summary judgment be denied; and the district court decline to exercise supplemental jurisdiction over plaintiff's sole state law claim, for medical malpractice, against defendant Nugent. Motions 223 and 242 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
301
ORDER signed by Judge Garland E. Burrell, Jr on 1/18/12 ORDERING that the findings and recommendations filed December 14, 2011, are adopted in full; and Plaintiff's July 6, 2011 motion for preliminary injunction is denied.(Becknal, R)
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Filing
298
ORDER signed by Judge Garland E. Burrell, Jr. on 12/14/2011 DENYING plaintiff's 7/19/2011 276 Request for Certification of Interlocutory Appeal and 10/25/2011 292 Motion for Partial Entry of Final Judgment. (Marciel, M)
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Filing
291
ORDER signed by Judge Garland E. Burrell, Jr on 9/27/2011 ORDERING that Plaintiff's 287 August 17, 2011 motion for extension of time is DENIED. The 283 findings and recommendations filed August 8, 2011, are adopted in full. The January 14, 2011 motion of defendants Sherburn and Lebeck for summary judgment is GRANTED. (Duong, D)
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Filing
283
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 08/18/11 recommending that the 1/14/11 motion fo defendants Sherburn and Lebeck for summary judgment be granted. Motion for Summary Judgment 209 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
260
ORDER signed by Magistrate Judge John F. Moulds on 6/20/11 ORDERING that 250 Motion to Stay is DENIED; Defendants Lebeck and Sherbin are granted 10 days from the date of this order in which to file a reply to plaintiffs 3/1/11 opposition to their 1 /14/11 motion for summary judgment. That part of this courts 5/2/11 order which denied without prejudice plaintiffs cross- motion for summary judgment against defendant Mercy Hospital is VACATED. Defendant Mercy Hospital is granted 21 days from the date of this order in which to file a response to said motion. Plaintiff's 255 Motion for leave to file a supplemental opposition to defendant Mercy Hospitals motion for summary judgment is GRANTED. Plaintiffs 256 supplemental opposition t o Mercy Hospitals motion for summary judgment will be considered. Mercy Hospital is granted 10 days from the date of this order in which to file a supplemental reply. Plaintiff is granted 30 days to file and serve an opposition to defendant Gary Nugents 5/31/11 motion to dismiss. Defendant Nugents reply brief shall be filed and served within 14 days thereafter. (Dillon, M)
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Filing
247
ORDER signed by Magistrate Judge John F. Moulds on 4/29/11 ORDERING that Plaintiff is granted until 5/27/11 to file and serve a further opposition to defendant Lebeck and Sherbins motion for summary judgment, said opposition to be filed by counsel fo r plaintiff; Defendants Lebeck and Sherbins reply brief, if any, shall be filed and served on or before 6/3/11; Defendants Lebeck and Sherbins 238 motion for oral argument is GRANTED; The motion of defendants Lebeck and Sherbin for summary judgment is set for oral argument on this courts regular law and motion calendar on 6/9/11 at 11:00 a.m.; Plaintiffs opposition to defendant Mercy Hospitals motion for summary judgment shall be filed and served on or before 5/20/11; Mercy Hospitals reply brief shall be filed and served on or before 5/27/11; Plaintiffs 241 motion for extension of time is DENIED; and Plaintiffs 242 cross-motion for summary judgment and request for extension of time is DENIED.(Dillon, M)
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Filing
236
ORDER signed by Magistrate Judge John F. Moulds on 03/24/11 ordering plaintiff's 10/19/10 motions 202 , 203 are denied. Plaintiff's 03/01/11 motion for an extension of time for his court-appointed attorney to review this action 226 is g ranted. The 03/04/11 motion of defendant Lebeck and Sherbin for a stay 229 is granted. Within 30 days from the date of this order, counsel for plaintiff shall inform the court within 30 days whether he intends to rest on the pro se opposition to d efendant Lebeck and Sherbin's motion for summary judgment or whether he intends to file a further opposition to that motion. Within 30 days from the date of this order, counsel for plaintiff and counsel for Mercy Hospital shall confer and submit to the court a proposed briefing schedule for Mercy Hospital's motion for summary judgment. Plaintiff's 03/14/11 motions for extension of time 233 , 234 are denied. (Plummer, M)
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Filing
235
ORDER signed by Judge Garland E. Burrell, Jr on 3/22/11 ORDERING pltf's motions for reconsideration 220 222 are DENIED. (Carlos, K)
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Filing
217
ORDER signed by Magistrate Judge John F. Moulds on 02/09/11 ordering Glenn Peterson is appointed counsel in the above entitled matter and should contact Sujean Park at (916)930-4278 or spark@caed.uscourts.gov if he has any questions releated to the appointment. The clerk of the court is directed to serve a copy of this order upon Glenn Peterson, Millstone, Peterson & Watts, LLP, 2267 Lava Ridge Court, Suite 210, Roseville, California, 95661. (Plummer, M)
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Filing
212
ORDER signed by Magistrate Judge John F. Moulds on 1/27/2011 ORDERING that this matter will not be set for mediation at this time; pltf's 193 motion to amend is GRANTED as to pltf's motion to substitute Dr. Gary Nugent in place of Doe dft named in pltf's state law medical malpractice and negligence claims raised in the third amended cmplt and DENIED in all other respects; w/in 10 days, counsel for Mercy Hospital shall inform the court in writing whether counsel will accept servi ce of process for Dr. Nugent; pltf's 194 motion for appointment of an expert witness is DENIED w/out prejudice and the clerk to serve a copy of this order on the Pro Bono Coordinator for this court; pltf's 195 motion for an extension of time is DENIED; pltf's 201 motion to compel is DENIED; pltf's 204 motion for leave to file a supplemental brief is DENIED w/out prejudice; and w/in 15 days, counsel for dfts Lebeck and Sherbin shall file jointly w/ counsel for dft Mercy a response to pltf's 10/19/10 motions for tro and/or preliminary injunction. (cc: Pro Bono Coordinator)(Yin, K)
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Filing
179
ORDER signed by Magistrate Judge John F. Moulds on 07/01/10 ordering that within 15 days from the date of this order, all parties shall file a brief addressing whether the court should exercise supplemental jurisdiction over plaintiff's state law claims. (Plummer, M)
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