Clinton v. California Department of Corrections et al
| 2:2005cv01600 |
| February 23, 2006 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lawrence K. Karlton |
| Craig M. Kellison |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
685
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 05/15/2023 EXTENDING deadlines for Discovery and Dispositive Motions as follows: Non-Expert Discovery due by 6/15/2023; parties to exchange initial lists of Expert Witnesses by 7/21/2023; parties to exchange Rebuttal Expert Witnesses by 8/18/2023; Expert Discovery due by 10/31/2023 and notice Dispositive motions by 12/19/2023. (Spichka, K.)
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Filing
680
ORDER signed by Magistrate Judge Dennis M. Cota on 4/4/2023 GRANTING plaintiff's 677 motion to modify the pre-trial schedule for this litigation. The schedule is modified as follows: a. The non-expert discovery completion date is conti nued to 5/25/2023; b. The deadline to exchange initial lists of expert witnesses is continued to 6/30/2023; c. The deadline to exchange lists of rebuttal expert witnesses is continued to 7/28/2023; d. The expert discovery completion date is continued to 10/10/2023; e. The last day to notice dispositive motions for hearing is continued to 11/28/2023. (Yin, K)
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Filing
676
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 1/17/2023 APPROVING the parties' stipulation. The new deadlines are as follows: a. non-expert discovery cutoff - 3/28/2023; b. parties to exchange initial lists of expert witnesses - 5/2/2023; c. parties to exchange rebuttal expert witnesses - 5/30/2023; d. expert discovery cutoff - 8/10/2023; e. notice dispositive motions - 9/28/2023. (Yin, K)
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Filing
674
ORDER signed by Magistrate Judge Dennis M. Cota on 10/17/2022 APPROVING the parties' 673 stipulation. The new deadlines are as follows: a. non-expert discovery cutoff - 1/17/2023; b. parties to exchange initial lists of expert witnesses - 2/21/2023; c. parties to exchange rebuttal expert witnesses - 3/20/2023; d. expert discovery cutoff - 5/1/2023; e. notice dispositive motions - 7/20/2023.(Yin, K)
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Filing
669
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 7/19/2022 APPROVING 668 Stipulation and ORDERING new deadlines as follows: Non-Expert Discovery cutoff 10/17/2022, Parties to exchange initial lists of expert witnesses by 11/18/20 22, Parties to exchange designation of rebuttal expert witnesses by 12/19/2022, Expert Discovery Cutoff 1/31/2023, and Notice Dispositive Motions due 4/20/2023. The Parties are NOTIFIED here that the non-expert and expert discovery deadlines include the deadline for hearing any discovery related motions. (Huang, H)
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Filing
667
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 05/20/22 ORDERING The parties' stipulation is approved. The new deadlines are as follows: a. The time to conduct non-expert discovery is extended to July 11, 2022; b. The partie s shall exchange initial lists of expert witnesses by August 19, 2022; c. The parties shall exchange rebuttal lists of expert witnesses by September 19, 2022; d. The time to conduct expert discovery is extended to October 25, 2022; e. Dispositive motions shall be noticed by January 12, 2023.(Plummer, M)
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Filing
664
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 04/01/22 APPROVING the parties stipulation. The new deadlines are as follows: The time to conduct non-expert discovery is extended to May 16, 2022; The parties shall exchange initia l lists of expert witnesses by June 24, 2022; The parties shall exchange rebuttal lists of expert witnesses by July 25, 2022; The time to conduct expert discovery is extended to August 30, 2022; Dispositive motions shall be noticed by November 4, 2022.(Plummer, M)
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Filing
662
ORDER signed by Magistrate Judge Dennis M. Cota on 12/09/21 ORDERING the parties' stipulation is approved. The new deadlines are as follows: The time to conduct non-expert discovery is extended to March 15, 2022. The parties shall exchange init ial lists of expert witnesses by April 15, 2022. The parties shall exchange lists of rebuttal expert witnesses by May 25, 2022. The time to conduct expert discovery is extended to June 30, 2022. Dispositive motions shall be noticed to be heard by September 2, 2022.(Plummer, M)
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Filing
659
ORDER signed by Magistrate Judge Dennis M. Cota on 8/18/2021 GRANTING 658 Stipulation to Extend Deadlines provided in 657 Order. (Henshaw, R)
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Filing
657
ORDER signed by Magistrate Judge Dennis M. Cota on 3/11/2021 GRANTING the stipulation between the parties to extend the deadlines provided in 655 Order. The schedule is modified as follows: The time to conduct non-expert discovery is extende d to 8/172021; the deadline to exchange initial lists of expert witnesses is extended to 8/31/2021; the deadline to exchange lists of rebuttal expert witnesses is extended to 11/4/2021; the time to conduct expert discovery is extended to 12/6/2021; and dispositive motions shall be noticed to be heard by 2/4/2022. (Yin, K)
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Filing
655
ORDER signed by Magistrate Judge Dennis M. Cota on 9/29/2020 GRANTING 654 Stipulation and EXTENDING deadlines as follows: Non-Expert Discovery to be completed by 4/19/2021, Expert Discovery to be completed by 7/7/2021, Initial List of Expert Witne sses due by 5/3/2021, Rebuttal Expert Witnesses due by 7/7/2021, and Dispositive Motions shall be notice by 8/5/2021. The 10/8/2020 Settlement Conference is VACATED and shall be rescheduled to a date on or around 3/8/2021, by separate order, which shall set appropriate deadlines related to the Settlement Conference. (Huang, H)
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Filing
653
PROTECTIVE ORDER regarding Discovery Matter signed by Magistrate Judge Dennis M. Cota on 04/08/20. (See order for further details.)(Plummer, M)
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Filing
651
ORDER signed by Magistrate Judge Dennis M. Cota on 3/26/2020 ORDERING a Settlement conference is set for 10/8/2020 at 9:00 am in Courtroom 10, before Magistrate Judge Dennis M. Cota. The parties shall submit a confidential settlement conference statement in accordance with this order by 10/1/2020. Concurrent with their settlement conference statement the parties shall execute and file the attached Waiver of Disqualification. (Yin, K)
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Filing
649
ORDER signed by Magistrate Judge Dennis M. Cota on 03/24/20 APPROVING 648 the Stipulation to Extend Time. The parties shall exchange initial disclosures pursuant to Federal Rule of Civil Procedure 26 by April 6, 2020. The parties shall submit a stipulated protective order regarding confidential documents by April 6, 2020.(Plummer, M)
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Filing
647
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 3/12/2020 GRANTING 644 Stipulation to Extend Time. The parties deadlines to submit their initial disclosures and file a stipulation related to confidential documents and a protective order are EXTENDED to 3/23/2020. (Kastilahn, A)
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Filing
640
ORDER signed by Magistrate Judge Dennis M. Cota on 2/21/20 GRANTING 639 Motion to appear telephonically at the status conference. (Kaminski, H)
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Filing
631
ORDER signed by Magistrate Judge Dennis M. Cota on 9/20/2019 SETTING Status Conference for 11/7/2019 at 01:00 PM in Sacramento, California and ORDERING no later than 7 days before this hearing, parties to meet and confer and file a joint status conference statement as detailed in this order. (Henshaw, R)
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Filing
627
ORDER signed by Magistrate Judge Dennis M. Cota on 8/13/19 SETTING a Status Conference for 10/17/2019 at 09:00 AM in Sacramento before Magistrate Judge Dennis M. Cota. No later than seven days before this hearing date, the parties shall meet and confer and each file a status conference statement outlining their respective positions on preparing this matter for re-trial. (Mena-Sanchez, L)
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Filing
582
ORDER signed by Magistrate Judge Craig M. Kellison on 04/08/16 ordering the trial date of 5/16/16 is vacated and ( Jury Trial re-set for 8/29/2016 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.) Plaintiff shall show cause in writing within 30 days of the date of this order, why this action should not be dismissed for failure to file a pretrial statement as directed. (Plummer, M)
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Filing
580
ORDER denying 578 Motion for Reconsideration signed by District Judge John A. Mendez on 3/17/16: The Magistrate Judge's December 15, 2015, order is affirmed. No further motions for reconsideration of this order will be considered. (Kaminski, H)
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Filing
579
ORDER signed by Magistrate Judge Craig M. Kellison on 1/11/2016 GRANTING defendants' 568 motion for additional time to file the status report. Plaintiff shall file and serve his pre-trial statement, and any motions to obtain trial witnesses, on or before 3/7/2016. Defendants shall file their pre-trial statement on or before 3/21/2016. A pre-trial conference, as described in Local Rule 282, shall be conducted by Magistrate Craig M. Kellison, on the file only, following submission of the pre-trial statements. A Jury Trial is set for 5/16/2016 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Yin, K)
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Filing
575
ORDER signed by Magistrate Judge Craig M. Kellison on 12/15/2015 ORDERING that plaintiff's 571 motion for a new settlement conference date is DENIED; plaintiff's 561 , 573 requests for appointment of counsel or referral to the pro b ono clinic are DENIED; plaintiff's 560 request to be excluded from the time restrains set forth in Local Rule 230 is DENIED; plaintiff's 564 motion to seal the docket in this case is DENIED; defendant's 563 request for additional time to respond to plaintiff's motion for adverse inference is GRANTED and the opposition thereto is deemed timely filed; and plaintiff's 559 motion for adverse inference regarding destruction of documents is DENIED. (Yin, K)
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Filing
570
ORDER signed by Magistrate Judge Craig M. Kellison on 9/9/2015 ORDERING a Settlement Conference set for 9/24/2015 at 11:00 AM in Courtroom #5, US District Court, Central District of California, 411 West Fourth Street, Santa Ana, CA 92701 before Magistrate Judge Victor E. Bianchini. A representative with full and unlimited authority to negotiate and enter into a binding settlement on the defendants' behalf shall attend in person. (cc US Magistrate Bianchini) (Donati, J)
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Filing
558
ORDER signed by Judge John A. Mendez on 5/14/15 ORDERING that the Motion for Reconsideration 553 is DENIED. (Mena-Sanchez, L)
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Filing
557
ORDER signed by Magistrate Judge Craig M. Kellison on 4/27/2015 ORDERING that plaintiff's status report shall be filed and served on or before 6/1/2015; and defendant's status report shall be filed and served on or before 7/1/2015, regardless of whether plaintiff has filed a status report.(Yin, K)
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Filing
552
ORDER signed by Magistrate Judge Craig M. Kellison on 1/13/2015 GRANTING plaintiff's 550 motion for additional time to file his status report; plaintiff shall file his status report, as required by the 8/22/2014 order, within 30 days; defenda nt's status report shall be filed within 30 days after service of plaintiff's status report; plaintiff's 548 , 551 motions for appointment of counsel are DENIED; and plaintiff's 546 , 549 motions for the undersigned to review the case records and evidence are DENIED as the issue of spoliation has already been addressed and denied by the district court. (Yin, K)
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Filing
545
ORDER signed by Magistrate Judge Craig M. Kellison on 08/21/14 ordering plaintiff's status report shall be filed and served within 30 days from the date of service of this order. Defendant's status report shall be filed within 30 days after service of plaintiff's status report. (Plummer, M)
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Filing
544
ORDER signed by Judge Lawrence K. Karlton on 8/14/2014 ORDERING 526 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 536 Motion for Reconsideration is construed as objections to the Findings and Recommendations; Defendant's motion for summ ary judgment is GRANTED IN PART AND DENIED IN PART; Defendants' motion is GRANTED as to defendants DeSantis, Riley, and Marshall; Defendants' motion is DENIED as to defendant Cooper; Clerk is directed to enter judgment in favor of defendant s DeSantis, Riley, and Marshall; This case shall continue as to defendant Cooper only as to plaintiff's claim that defendant Cooper failed to honor his medical chronos for an extra blanket and tennis shoes; plaintiff's 527 motions for sanctions and miscellaneous relief based on defendants' alleged dishonesty are DENIED; and plaintiff's 542 Motion for Reconsideration is DENIED. (Waggoner, D)
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Filing
541
ORDER signed by Magistrate Judge Craig M. Kellison on 3/21/2014 DENYING plaintiff's 540 motion for a stay of these proceedings. (Yin, K)
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Filing
537
ORDER signed by Magistrate Judge Craig M. Kellison on 11/01/13 ordering the motion for sanctions 527 currently set for hearing on 11/20/13 is taken off calendar. No action will be taken on the pending motion for sanctions until the District Court rules on the pending findings and recommendations. (Plummer, M)
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Filing
526
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/18/13 RECOMMENDING that 422 Motion for Summary Judgment be granted in part and denied in part; Defendants motion should be granted as to defendants DeSantis, Riley, and Marshall; Defendants motion should be denied as to defendant Cooper; Plaintiffs motions for sanctions and miscellaneous relief based on defendants alleged dishonesty be denied; and this action continue as to defendant Cooper only as to plaintiffs claim that defendant Cooper failed to honor his medical chronos for an extra blanket and tennis shoes. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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Filing
522
ORDER signed by Judge Lawrence K. Karlton on 9/5/2012 DENYING plaintiff's 459 Motion for Reconsideration. Magistrate Judge Craig M. Kellison's 1/20/2011 458 Order is AFFIRMED and NO FURTHER Motions for Reconsideration of this Order will be considered. (Marciel, M)
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Filing
521
ORDER signed by Judge Lawrence K. Karlton on 08/31/2012 ORDERING Motions construed as Motions for Reconsideration 386 406 410 416 are DENIED; the magistrate judge's 1/15/2010 order is AFFIRMED; No further motions for reconsideration of this order, or additional requests for dismissal sanctions on these facts, will be considered; and plaintiff's request for the recusal of Magistrate Judge Kellison is DENIED. (Waggoner, D)
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Filing
471
ORDER signed by Magistrate Judge Craig M. Kellison on 03/09/11 ordering plaintiff's request for additional discovery 460 , 463 is denied. Plaintiff's request for an extension of time 464 is granted. Plaintiff may file his opposition to defendants' motion for summary judgment and/or his own motion for summary judgment within 30 days of the date of this order. (Plummer, M)
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Filing
458
ORDER signed by Magistrate Judge Craig M. Kellison on 01/19/11 ORDERING plaintiff is entitled to receive a complete and unredacted copy of the 3 documents at issue, submitted to the court under seal 431 for in camera review. Defense counsel is dir ected to provide the plaintiff with a clean, complete, unredacted copy of each of the 3 documents at issue. The clerk of the court is directed to send plaintiff a copy of the documents filed under seal 431 for in camera review. Plaintiff is direc ted not to share those documents with any other person, including other inmates, with the exception of his attorney and the 2 subject inmates. Plaintiff's request for a ruling on the in camera review 453 is granted. Plaintiff's request f or sanctions 455 is denied. Plaintiff's request for the court to obtain and keep his central file 446 is denied. The clerk of the court is directed to keep the documents previously filed under seal 431 sealed. The clerk of the court is further directed to seal the original submission of these documents (Document 411-10 and plaintiff's response to the hearing 453 as containing the names of the inmates interviewed.(Plummer, M)
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Filing
456
ORDER signed by Magistrate Judge Craig M. Kellison on 1/13/2011 GRANTING defendants' 452 Motion for Telephonic Hearing of 451 Order. A telephonic hearing is set for 1/19/2011 at 11:00 AM in Redding, California. Defense counsel directed to initiate conference call with plaintiff to be connected with Court. (Marciel, M)
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Filing
451
ORDER signed by Magistrate Judge Craig M. Kellison on 01/03/11 ordering the court is inclined to require an unredacted copy of the confidential reports submitted to the court for an in camera reveiw, be provided to plaintiff.If the defense has additi onal reasons, specific to the information contained in these reports, why an unredacted copy should not be provided to plaintiff they may file a notice to be heard on or before 01/07/10. If the defense files a notice to be heard, a (Telephonic Heari ng will be held on 1/19/2010 at 11:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison.) If no notice to be heard is timely filed, the court will issue an order for plaintiff to be provided an unredacted copy of each confidential report provided to the court for review. (Plummer, M)
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Filing
450
ORDER signed by Magistrate Judge Craig M. Kellison on 12/29/10 ordering plaintiff's request for sanctions 426 is denied. Defendants request for an extension of time to file an opposition 427 is denied. (Plummer, M)
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Filing
444
ORDER signed by Senior Judge Lawrence K. Karlton on 12/10/10: The motion for reconsideration is GRANTED 434 . The Magistrate Judge's November 4, 2010, order is REVERSED 428 . Defendant's motion for an extension of time is GRANTED 419 . Defendant's motion for summary judgment is considered timely filed 422 . The plaintiff SHALL file an opposition or statement of non-opposition within twenty-one (21) days of the issuance of this order, pursuant to Local Rule 230(l). (Kaminski, H)
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Filing
429
ORDER signed by Magistrate Judge Craig M. Kellison on 11/03/10 granting 423 Motion for in camera review of confidential memorandums. Defendants shall produce unredacted versions of the confidential memorandums to the court within 15 days of the da te of this order, for the court to conduct an in camera review. Once the court has reviewed the documents in camera, the court will issue an order providing the parties notice of the court's findings and determination as to whether an unredacted version of the confidential memorandum(s) is to be produced to plaintiff. (Plummer, M)
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Filing
421
ORDER signed by Magistrate Judge Craig M. Kellison on 10/22/10 granting 405 Motion for a copy of his central and medical file. Plaintiff's central and medical files shall not be destroyed until after the completion of this case and any appeal s therefrom. Defendants shall produce a copy of plaintiff's central file in the exact manner in which it is maintained by CDCR, including the file folder and the date stamp on the back side of the documents within 30 days of the date of service of this order. As an alternative, defendants may produce the original central file for plaintiff's inspection, at a location convenient to plaintiff, for plaintiff to inspect and request copies of specific documents, within 30 days of the date of service of this order. Any objection to the production of the redacted copies of the confidential memorandums shall be filed within 10 days of the date of service of this order. Defendants other responses to the court's prior order, and supplemental responses contained there, are sufficient, and no further response is required.. (Plummer, M)
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Filing
393
ORDER signed by Magistrate Judge Craig M. Kellison on 02/18/10 ordering plaintiff's request for subpoena and the declaration 391 will be disregarded. Plaintiff shall refrain from filing any additional documents with the court during the pendency of the stay. (Plummer, M)
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Filing
389
ORDER signed by Magistrate Judge Craig M. Kellison on 2/2/2010 ORDERING that these proceedings are administratively STAYED for 90 days; and the dispositive motion deadline is VACATED.(Yin, K)
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Filing
384
ORDER signed by Magistrate Judge Craig M. Kellison on 1/15/10 DENYING 189 , 214 , 215 , 223 , 224 , 227 , 239 , 247 , 248 , 265 , 269 , 270 , 274 , 282 , 283 , 289 , 298 , 302 , 310 , 315 , 321 , 322 , 324 and 330 Plaintiff& #039;s requests and/or motions for discovery sanctions of default judgment. Defendants are required to file a response informing the court and plaintiff the status of the production of documents responsive to his 210 request for production of docum ents (set one, number ten). Defendants are required to file a response, within 30 days of the date of this order, to: 213 Plaintiff's request for a copy of Sgt. Sherer's confidential memorandum; 216 Plaintiff's request for Lt. DeSa ntis' CDC 1030 disclosure form and Sgt. Dixon's investigation report; 252 Plaintiff's claim that he requested an administrative segregation file, not the administrative log that was produced; 255 Plaintiff's claim that the job description produced was different from the job description he requested; and 337 Plaintiff's claims regarding the re-writing of his 2/2/05 classification chronos. Defendants are to produce any document the court previously ordered to be prod uced (pursuant to 185 Order), within 10 days of the date of this order. Defendants are required to file a response to plaintiff's recent filings 368 and 369 regardng failure to produce as required. Plaintiff's 349 request for protective order and 365 Request for the court to acknowledge a document as genuine are DENIED. Plaintiff's 366 Request for time to respond to requests for continuances is GRANTED. (Donati, J)
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Filing
382
ORDER signed by Magistrate Judge Craig M. Kellison on 01/08/10 ordering the settlement conference set in this case is continued from 01/20/10 at 8:00 a.m. to 01/27/10 at 9:00 a.m. at the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fo urth Street, Courtroom 9d, Santa Ana, California 92701. Either CDCR General Counsel Benjamin Rice of Chief Deputy General Counsel Stephanie Clauss shall be personally present at the settlement conference. The clerk's office shall serve by fax a copy of this order on Benjamin Rice, General Counsel for the California Department of Corrections and Rehabilitation, and Stephanie Clauss, Chief Deputy General at 916-327-5306. (Copy served on Benjamin Rice and Stephanie Clauss by fax)(Plummer, M)
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Filing
378
ORDER signed by Magistrate Judge Craig M. Kellison on 11/17/09 ORDERING that 373 Motion to Stay is DENIED. The court finds it appropriate to modify the schedule for this case. In the event this case does not settle at the settlement conference, a new dispositive motion deadline is set for 2/22/09. (Dillon, M)
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Filing
342
ORDER signed by Magistrate Judge Craig M. Kellison on 07/08/09 denying 318 Motion for dismissal sanctions. Defense counsel shall show cause in writing within 20 days why monetary sanctions should not be imposed for failure to follow a court order. The clerk of the court is directed to provide plaintiff with a copy of the docket sheet report from 04/01/08 to present. Plaintiff shall file a status report as detailed above within 30 days of the date of this order. Defendants shall file a status report as detailed above within 20 days of the date plaintiff's status report is filed. (Plummer, M)
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Filing
341
ORDER signed by Senior Judge Lawrence K. Karlton on 7/2/09 ORDERING that the 340 Motion for Reconsideration is DENIED. The 339 Order is AFFIRMED. No further motions for reconsideration of this order will be considered. (Engbretson, K.)
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Filing
284
ORDER signed by Magistrate Judge Craig M. Kellison on 02/06/09 ordering defendants shall file a status report regarding plaintiff's deposition and their pending motion for dismissal sanctions within 10 days of the date of this order. ( Dispositive Motions due by 5/11/2009.) (Plummer, M)
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Filing
273
ORDER signed by Senior Judge Lawrence K. Karlton on 01/20/2009 DENYING motions for reconsideration of, responses to and objections to the Magistrate's Orders [ 230 , 234 , 241 , 242 , 258 , 260 , 261 , 262 ] and AFFIRMING Magistrate Judge& #039;s Orders of November 25, 2008 221 and December 3, 2008 229 and December 23, 2008 250 . IT IS FURTHER ORDERED that Plaintiff SHALL make himself available for his deposition in Sacramento, California, either on January 21-22, 2009 or January 29-30, 2009. (Streeter, J)
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Filing
272
ORDER signed by Magistrate Judge Craig M. Kellison on 1/15/2009 ORDERING the clerk to send pltf a copy of the docket sheet. (Yin, K)
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Filing
21
FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 2/6/06 RECOMMENDING that the MOTION for PERMANENT or PRELIMINARAY INJUNCTION 19be denied. Motion referred to Judge Lawrence K. Karlton. (Donati, J)
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