Gilman v. Fisher, et al
| 2:2005cv00830 |
| April 27, 2005 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Gregory G. Hollows |
| Lawrence K. Karlton |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
569
ORDER signed by District Judge Morrison C. England, Jr., on 5/9/17 ORDERING that the judgment entered on 2/28/2014, is VACATED, and the Clerk is directed to enter judgment for the State of California. CASE CLOSED (Kastilahn, A)
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Filing
568
ORDER signed by District Judge Morrison C. England, Jr on 9/21/16 ORDERING that the Court finds that the rights of the class members survive Mr. Gilman's death, this action does not abate, but proceeds in favor of the remaining plaintiff class members. Therefore, Plaintiffs' request that class member PAUL MADDEN be substituted as Plaintiffs' named plaintiff representative is GRANTED. The Clerk is directed to change the caption of this action to Paul Madden, et al. v. Edmund G. Brown, et al., (Becknal, R)
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Filing
560
ORDER signed by Judge Lawrence K. Karlton on 8/5/2014 ORDERING 557 defendants application for an Order ShorteningTime is DENIED; and defendants' 558 Motion for Reconsideration is DENIED. (Waggoner, D)
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Filing
556
ORDER signed by Judge Lawrence K. Karlton on 7/25/2014 GRANTING IN PART the 542 Motion for Attorney Fees; ORDERING the defendants to pay the plaintiffs' counsel such fees in the total amount of $34,201.56; DENYING the defendants' Request for Stay of Payment without prejudice to its renewal under F.R.Cv.P. Rule 61(d), or pursuant to a motion otherwise explaining their entitlement to a stay. (Michel, G)
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Filing
555
ORDER signed by Judge Lawrence K. Karlton on 7/22/2014 GRANTING 547 Plaintiffs' Motion to Enforce Judgment; and that portion of the court's order and judgment 532 , 533 , that issued a stay pending appeal is herebyVACATED, effective 21 days from the date of this order, so that a stay may be sought from the Ninth Circuit. (Reader, L)
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554
ORDER signed by Judge Lawrence K. Karlton on 5/12/14 ORDERING that the 547 Motion to Enforce Judgment is taken under submission and the 5/19/14 hearing is VACATED. (Manzer, C)
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Filing
551
ORDER signed by Judge Lawrence K. Karlton on 4/29/2014 VACATING the 5/5/2014 542 Motion for Attorney Fees hearing and taking the matter under submission. (Donati, J)
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Filing
539
ORDER signed by Judge Lawrence K. Karlton on 3/25/2014 ORDERING that the Clerk of the Court shall STRIKE 537 Motion and shall not file in this action any further documents submitted by an inmate proceeding pro se. All documents bearing the above-captioned case name and/or number which are submitted to the Clerk of the Court by an inmate proceeding pro se shall be returned to the inmate with a copy of this order. (Zignago, K.)
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Filing
536
ORDER signed by Judge Lawrence K. Karlton on 3/10/2014 plaintiffs' 534 Motion to Alter or Amend 533 Judgment and the hearing on this Motion, set for 4/7/2014, is VACATED. (Marciel, M)
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Filing
532
ORDER signed by Judge Lawrence K. Karlton on 2/27/14: Going forward, the Board shall apply Cal. Penal Code § 3041.5, as it existed prior to Proposition 9, to all class members. That is, all class members are entitled to a parole hearing ann ually, unless the Board finds, under former Section 3041.5(b) that a longer deferral period is warranted. The Governor of California shall refrain from imposing longer sentences on class members than are called for by application of the same factors the Board is required to consider, as provided for by Proposition 89.43 This order is stayed for 31 days, and goes into effect immediately thereafter, unless a timely appeal is filed. (Kaminski, H)
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Filing
502
ORDER signed by Judge Lawrence K. Karlton on 6/19/2013 GRANTING 495 Motion to Continue Trial. Trial is CONTINUED TO 6/26/2013 at 09:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Donati, J)
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Filing
487
ORDER signed by Judge Lawrence K. Karlton on 5/23/2013 DENYING WITH PREJUDICE 486 Motion for Reconsideration; VACATING the Motion Hearing as to 486 Motion for Reconsideration set for 6/17/2013. (Michel, G)
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Filing
485
ORDER signed by Judge Lawrence K. Karlton on 5/16/13 DENYING 482 Application for Reconsideration. Plaintiffs are cautioned that they must comply with the Local Rules of this court, including those dealing with noticed motions and ex parte applications. (Meuleman, A)
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Filing
479
ORDER signed by Judge Lawrence K. Karlton on 5/6/13 DENYING 428 Motion for Summary Judgment; DENYING 425 Motion for Summary Judgment; and DENYING 426 Motion to Decertify the Remaining Classes. All currently scheduled dates in this matter are CONFIRMED. (Meuleman, A)
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Filing
476
ORDER signed by Judge Lawrence K. Karlton on 4/26/2013 ORDERING that the unopposed request to file documents under seal is GRANTED. The Clerk of the Court is directed to file and maintain Exhibit 14 to Plaintiffs' Reply to Opposition to Motion for Summary Judgment (BPH 6145 to BPH 21171) under seal indefinitely. (Zignago, K.)
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Filing
470
ORDER signed by Judge Lawrence K. Karlton on 3/5/2013 ORDERING in limine Motions Hearing RESET for 5/13/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; Trial RESET for 6/25/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Waggoner, D)
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Filing
465
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/25/2013 ORDERING that the 459 Pretrial Conference Order [Tentative] is AMENDED to provide that the parties shall exchange copies of exhibits on or before 3/4/2013. (Zignago, K.)
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Filing
445
ORDER signed by Judge Lawrence K. Karlton on 9/6/2012 GRANTING 426 Motion to De-Certify the Class for Claims 1, 3 and 6; DENYING 432 Motion for leave to file a Fifth Amended Complaint. (Michel, G)
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Filing
437
ORDER signed by Judge Lawrence K. Karlton on 8/27/12 ORDERING that 433 the application for an order shortening time is GRANTED. Defendants reply to plaintiffs' 432 Motion for Leave to File the Fifth Amendment Complaint is due no later than 8/28/2012 at 4:30 p.m. Plaintiffs reply, if any, is due no later than 8/31/2012 at 4:30 p.m.. The motion for leave to amend is now SCHEDULED to be heard on 9/4/2012 at 10:00 a.m. on the court's regular Law & Motion Calendar. The cross-motions f or summary judgment, the request to seal, and defendants' motion to decertify (Dkt. Nos. 425, 426 & 428), are REMOVED from the 9/4/2012 Law & Motion Calendar; and are SPECIALLY SET to be heard on 9/14/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Replies to those motions, if any, shall be filed no later than 8/31/2012 at 4:30 p.m. (Kastilahn, A)
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Filing
420
ORDER signed by Judge Lawrence K. Karlton on 5/30/2012 GRANTING 404 Motion for Judgment on the Pleadings with respect to claims 2, 4, 5, and 7; DENYING 404 Motion for Judgment on the Pleadings with respect to all remaining claims. (Michel, G)
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Filing
414
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/11/12 ORDERING that Plaintiffs 412 request for modification of the discovery order at docket 377 is DENIED insofar as plaintiffs seek an order requiring production of Executive Case Summari es for the period for which Decision Face Sheets have been produced, but defendants are hereby directed to provide a spreadsheet that provides each inmates name, correctional identification number and parole release date from the Executive Case Summa ries for all convicted murderers within the subclass granted parole by the BPH from January 1, 2009 to August 31, 2011; and The spreadsheet identifying inmates and their parole release dates must be produced to plaintiffs by no later than April 19, 2012, and must be submitted with a declaration under penalty of perjury attesting to its accuracy and completeness.(Dillon, M)
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Filing
411
ORDER signed by Judge Lawrence K. Karlton on 4/5/2012 GRANTING 410 Request for Permission to Contact Statistical Expert Richard Berk. (Michel, G)
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Filing
409
ORDER signed by Judge Lawrence K. Karlton on 4/4/12 ORDERING that Plaintiff's MOTION for a Preliminary Injunction 284 is DENIED. A Status Conference is SET for 4/30/2012 at 03:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Mena-Sanchez, L)
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Filing
405
ORDER signed by Judge Lawrence K. Karlton on 3/20/2012 ORDERING defendants SHALL file a reply to plaintiffs' response brief no later than 14 days from the issuance of this order.(Reader, L)
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Filing
400
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/16/12 GRANTING 394 Motion for Leave to File an Amended Answer. Counsel for defendants is directed to file the amended answer submitted with the 1/11/12 motion. (Manzer, C)
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Filing
387
ORDER signed by Judge Lawrence K. Karlton on 12/5/2011 DENYING 386 Joinder filed by Karimi Sutton. (cc: Karimi Sutton) (Michel, G)
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Filing
380
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/28/11 ordering that defendants' 10/26/11 Motion for redaction of certain information from the Executive Case Summaries, previously ordered produced subject to a protective order 378 is denied except insofar as the court has ordered additional protection above. (Plummer, M)
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Filing
377
ORDER signed by Magistrate Judge Gregory G. Hollows on 09/30/11 ordering plaintiff's motion for production of documents in response to request for production No. 3 of plaintiff's requests for production of documents, set 3 filed on 09/08/11 367 is granted as set forth below. (See order for further details) (Plummer, M)
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Filing
373
ORDER signed by Judge Lawrence K. Karlton on 9/26/2011 ORDERING that the Court's 370 Order granting Pltfs three additional weeks to submit the Rutherford data, is VACATED. Within 7 days, Pltfs shall submit to the Court a disk containing the evidence presented at the evidentiary hearing. Pltfs are not required to submit the raw Rutherford data. (Zignago, K.)
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Filing
366
ORDER signed by Judge Lawrence K. Karlton on 9/1/11 ORDERING that Mr. King and Mr. Jones' Motion for Reconsideration and Requeest for an Interlocutory appeal 364 is DENIED. The Clerk is instructed to serve this order upon Mr. King and Mr. Jones at the address listed on the Motion. (Mena-Sanchez, L)
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Filing
365
ORDER signed by Judge Lawrence K. Karlton on 8/31/2011 ORDERING Professor Berk is APPOINTED as neutral expert witness; Professor Berk shall be compensated at the rate of $250 per hour and shall submit quarterly itemized bills to the court; the c ourt will file the bills and provide the parties with 14 days to object; the court will then direct payment of the bill in full, or in part; plaintiffs shall submit to the court w/i 14 days of this order an electronic version of all data described above; they must also serve a copy of such data upon defendants; the 9/6/2011 status conference in this case is VACATED. (Waggoner, D)
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Filing
361
ORDER signed by Senior Judge Lawrence K. Karlton on 8/16/2011 ORDERING 360 The motion for permissive joinder, is DENIED; and The Clerk of Court is instructed to serve a copy of this order upon Darrel King and Timothy Leang Jones at the address listed in his motion. (cc: USPS, D.King and T.L.Jones @ KVSP) (Reader, L)
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Filing
359
ORDER signed by Senior Judge Lawrence K. Karlton on 7/22/2011 ORDERING that the parties are ORDERED TO SHOW CAUSE why a statistical expert witness or witnesses should not be appointed to analyze the issues discussed above within thirty (30) days. Th e parties are FURTHER ORDERED TO SHOW CAUSE as to why, if the court appoints an expert or experts, it should not apportion half of the expert costs to plaintiffs and half to defendants within thirty (30) days. The parties are FURTHER ORDERED to either stipulate to an expert witness or witnesses or to each provide the court with three nominations for such a witness or witnesses within thirty (30) days. (Duong, D)
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Filing
355
ORDER signed by Senior Judge Lawrence K. Karlton on 6/27/11 ORDERING that Pursuant to the request of Plaintiffs, and good cause appearing therefor, the deadline for the filing of all parties' post-hearing briefs is extended to July 5, 2011. (Becknal, R)
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Filing
353
ORDER signed by Senior Judge Lawrence K. Karlton on 06/16/11 ORDERING that the deadline for plf's post-hearing brief is EXTENDED to 06/27/11; dft's deadline for their post-hearing brief is EXTENDED to 06/27/11. (Benson, A.)
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Filing
338
ORDER signed by Senior Judge Lawrence K. Karlton on 04/13/11 ORDERING that plfs' 333 Motion to Seal Documents is GRANTED as to pages BPH 75-3555. Clerk to file and maintain these documents UNDER SEAL indefinitely, permitting access only to officers and employees of the court, and court reporters where disclosure is necessary. The Motion is DENIED as to pages BPH 1-69. Excerpts from these pages shall be filed in the public docket as Exhibits 38 to 42. (Benson, A.)
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Filing
336
ORDER signed by Senior Judge Lawrence K. Karlton on 4/8/11 ORDERING the summaries previously identified as exhibits 43-48 shall not be admitted. The packets of parole suitability information are admitted and assigned the following exhibit numbers: Ja mes Alexander (#43), Na Her (#44), Joel Kyne (#45), Daniel Rees (#46), Frank Salas (# 47), and Edward Sanders (#48); pltfs summary chart identified as exhibit #59 is admitted; the parole suitability packet involving Henry Bratton shall be added to exhibit 63 and the packet involving Billy Counts shall be added to exhibit 64. (Carlos, K)
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Filing
328
ORDER signed by Senior Judge Lawrence K. Karlton on 3/1/11 ORDERING a status conference was held in chambers on 2/28/11. After hearing, the court orders a further Status Conference set for 9/6/11 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Becknal, R)
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Filing
319
STIPULATION and ORDER REGARDING PRODUCTION OF DOCUMENTS signed by Magistrate Judge Gregory G. Hollows on 1/20/2011 ORDERING that by 2/7/2011, Dfts will produce the documents described in the Requests Numbers 1, 2, and 3, in the 12/23/2010 Request for Production of Documents, and by 2/7/2011, Dfts will produce the documents in Request Number 4 in the 8/18/2010 Request for Production of Documents, which shall be produced as "confidential" material subject to the provisions of the 301 Protective Order. (Zignago, K.)
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Filing
310
ORDER signed by Senior Judge Lawrence K. Karlton on 1/7/2011 re 305 ORDERING that Exhibits 31 and 32 to the Reply to Defendants Opposition for PreliminaryInjunction to Entire Class be filed under seal.(Duong, D)
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Filing
309
ORDER signed by Senior Judge Lawrence K. Karlton on 1/7/11 ORDERING Plaintiffs submitted a report titled "April 2010 Special Stipulation Report #3 Excerpt" in support of their motion for a preliminary injunction. See Exh. 20 filed in suppor t of Motion for Preliminary Injunction. This report contains information concerning 444 parole cases whose parole hearing dates were modified in lightof a settlement in a state court case. These cases appear to be sorted first by institution and seco nd by CDC number. The court is unable to manipulate the data because it is in a scanned file. For the foregoing reasons, the court instructs plaintiffs to file by noon on Monday, January 10, 2011 a document that sorts the data in the following manne r: ( see: page 2 ) Defendants may notify the court of any errors in plaintiffs' calculations in writing by 9:00 a.m on Wednesday, January 12, 2011. Defendants are not invited to submit supplemental briefing as to the significance of this data. (Becknal, R)
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Filing
301
PROTECTIVE ORDER signed by Magistrate Judge Gregory G. Hollows on 12/22/10. (See order for further details)(Plummer, M)
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Filing
298
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 12/15/2010 ORDERING that Dfts may file supplemental oppositions to the motion for preliminary injunction and the motion to amend the order granting class certification by 12/29/2010. Pltf's may file their replies regarding the preliminary injunction motion and the motion to amend by 1/5/2011. (Zignago, K.)
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296
ORDER signed by Senior Judge Lawrence K. Karlton on 12/10/10 DENYING the 291 Motion for Permissive Joinder. Clerk directed to serve a copy of this order on Ivan Von Staich at address listed in his motion. (Owen, K)
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294
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/9/10 ORDERING that Pltf's 279 Motion to Compel is GRANTED pursuant to a modified protective order to be submitted. Deft's are to submit, within 7 days, a protective order that complies with the court's modifications. Once submitted as directed, the court will approve the proposed protective order. Defts will have 14 days to produce the subject discovery documents. (Owen, K)
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Filing
281
STANDING 251 STIPULATED ORDER signed by Judge Gregory G. Hollows on 11/10/2010. (Marciel, M)
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Filing
278
ORDER signed by Senior Judge Lawrence K. Karlton on 10/1/10 ORDERING that the MOTION for permissive joinder, ECF 277 is DENIED. The Clerk is instructed to serve a copy of this order upon Phillip Adams at the address listed in his motion. (Mena-Sanchez, L)
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Filing
276
ORDER signed by Senior Judge Lawrence K. Karlton on 09/27/10 DENYING 273 Motion for Permissive Joinder by Jeffrey P. Perrotte. (Williams, D)
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Filing
275
ORDER signed by Senior Judge Lawrence K. Karlton on 9/22/2010 DENYING 272 Motion for permissive joinder filed by Russell A. Bowden. The Clerk of Court is instructed to serve a copy of this order upon Russel A. Bowden, Edwin D. McMillan, Donnie Holland, Aaron Sprague, Henry Murray, Charles Wiseman, Abraham Glasper, Edward Jones, Richard Smith, Jesse Pena and Mark A. Ballou, at the addresses listed in their motion. (cc: listed parties/CSATF-Corcoran) (Reader, L)
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Filing
270
ORDER signed by Senior Judge Lawrence K. Karlton on 9/15/2010 ORDERING the motions to intervene filed by the following people are denied: Michael L. Hughes, ECF No. 200; Raymond Scott, ECF No. 201; Stephen Liebb, ECF No. 222; Edward S. Renteria, ECF No. 223; David Monroe, ECF No. 224; Felix Lucero, ECF No. 225; Noel Valdivia, ECF No. 227; Clement Brown, ECF No. 233; Richard Gonzalez, ECF No. 241; Stephen Eric Walker, ECF No. 244; Kenneth Scott Rodgers, ECF No. 251; Keith Augustine, ECF No. 253; George Bubier, ECF No. 255;David Scott Curtis, ECF No. 266; Stephen Eric Walker, ECF No. 268; and John Laponte, ECF No. 269. The Clerk is instructed to serve a copy of this order upon the sixteen individuals named above at the addresses listed in their motions. (Matson, R)
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Filing
262
ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/2010 ORDERING the MOTION HEARING as to 259 MOTION for PRELIMINARY INJUNCTION to Expand Preliminary Injunction to Entire Class is continued to 8/9/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Matson, R)
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Filing
260
ORDER signed by Magistrate Judge Gregory G. Hollows on 6/28/2010 ORDERING that pltf's 213 motion to compel discovery responses is VACATED w/out prejudice. (Yin, K)
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Filing
256
ORDER signed by Senior Judge Lawrence K. Karlton on 4/7/10: The order of February 4, 2010, granting a preliminary injunction is STAYED SOLELY AS TO PLAINTIFF GILMAN. The injunction remains in effect as to plaintiffs OLSON and FOWLER 217 . All motio ns to intervene and/or for permissive joinder are STAYED pending resolution of the appeal of class certification. These include: 222 Stephen Liebb), 223 (Edward S. Renteria), 224 (David Monroe), 225 (Felix Lucero), 227 (Noel Valdivia, Sr., 233 (Clement Brown), 241 (Richard Gonzales), 244 (Reginald Cooper), 251 (Kenneth Scott Rodgers), 253 (Keith Augustine). (Kaminski, H)
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Filing
237
ORDER signed by Magistrate Judge Gregory G. Hollows on 03/04/10 ordering defendants are to produce in electronic form, within 30 days, parole hearing transcripts for 50% of the 6200 lifer inmates on defendants' list referenced at hearing, b eginning with no. 1, and producing the transcript thereafter for every other inmate on the list (in other words, producing the transcript for those inmates on the list whose list number would be 1, 3, 5,7, et seq); in addition, defendants are to prod uce the list of 6200 inmates itself to plaintiffs within the same time period. No later than 03/15/10, the parties must file a joint supplemental statement setting forth an agreed statistically reasonable percentage of "lifer packets" to be produced by defendants, or their positions regarding such. (Plummer, M)
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Filing
235
ORDER signed by Senior Judge Lawrence K. Karlton on 3/3/2010 DENYING without prejudice 229 Ex Parte Application to shorten time filed by Arnold Schwarzenegger. Defendants may either re-notice the motion for a stay for 4/5/2010 or file renewed application to shorten time explaining why a hearing on 4/5/2010 will be inadequate. (Waggoner, D)
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Filing
220
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/8/10 and stipulated between the parties RESETTING the Motion to Compel Hearing for 3/4/2010 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Yin, K)
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Filing
218
ORDER signed by Senior Judge Lawrence K. Karlton on 02/04/10 ORDERING that 187 dfts' motion to dismiss is DENIED as to plfs' ninth claim. As explained in the courts concurrently-filed order, dfts' motion to dismiss is GRANTED IN PART as to plfs' eighth claim, which challenges Proposition 9 of 2008. (Benson, A.)
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Filing
215
ORDER signed by Magistrate Judge Gregory G. Hollows on 01/11/10 ordering that the hearing on plaintiff's motion to compel discovery responses and to strike objections 213 is rescheduled to Thursday 01/28/10 at 10:00 a.m. (Plummer, M) Modified on 1/12/2010 (Plummer, M). Modified on 1/13/2010 (Plummer, M).
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Filing
212
ORDER signed by Senior Judge Lawrence K. Karlton on 10/15/2009 ORDERING; 208 Motion to Stay is GRANTED in part as to 200 201 Motions to Intervene. In all other respects, the motion to stay is DENIED WITHOUT PREJUDICE. The parties may commence with discovery and other proceedings relevant to the claims of the named plaintiffs. (Suttles, J) Modified on 10/15/2009 (Manzer, C).
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Filing
204
ORDER signed by Senior Judge Lawrence K. Karlton on 08/11/09 ORDERING the parties to submit briefing not to exceed 15 pages regarding the effect of the Ninth Circuit's grant of permission on this court's jurisdiction over this case, and reg arding the effect of that decision on the motions currently under submission. Such additional briefing shall be filed w/i 15 court days of the date of this order. The court further grants the 202 parties' stipulation of 08/05/09. Service of pr ocess of the Fourth Amended/Supplemental Complaint on behalf of the Commissioners and Deputy Commissioners in their official capacities has been completed, and responsive pleading by those dfts to the Fourth Amended/Supplemental Complaint shall be filed w/i 20 days from the Court's ruling on dft's motion to dismiss. (Benson, A.)
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Filing
199
STIPULATION and ORDER 198 for extension of time signed by Senior Judge Lawrence K. Karlton on 7/8/2009. The time for service of Fourth Amended/Supplemental Complaint on all defendants is EXTENDED to and including 8/3/2009. (Marciel, M)
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Filing
160
STIPULATION and ORDER re 159 signed by Senior Judge Lawrence K. Karlton on 1/5/09. Responses to Motion to Amend Complaint 154 , Motion for Class Certification 155 , and Motion for Prelim Injunction 157 are DUE by 1/9/09. Reply briefs, if any, are DUE by 1/16/09.(Kastilahn, A)
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