Scruggs v. Vance et al
| 2:2006cv00633 |
| March 27, 2006 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Frank C. Damrell |
| Dale A. Drozd |
| 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
239
ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/2012 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Hyongsoon Kim is GRANTED. (Crouch, J)
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Filing
235
ORDER signed by Magistrate Judge Kendall J. Newman on 09/19/12 granting 234 Motion to be relieved as counsel. Joanna H. Kim and Hyongsoon Kim of the law firm "Akin Gump" shall continue to represent plaintiff in this action. The clerk of the court shall change the court records accordingly. (Plummer, M)
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Filing
233
REVISED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 09/18/12 ordering the Custodian to produce Lorenzo Robinson at 11/05/12 at 9:00 a.m. inc courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies sent to the Warden CSP-Los Angeles County) (Plummer, M)
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Filing
214
ORDER signed by Magistrate Judge Kendall J. Newman on 06/11/12 ordering defendants' motion in limine A 202 to exclude billing statements from Atascadero State Hospital is granted without prejudice to plaintiff seeking to introduce particular r ecords and entries related to treatment for the 2004 incident, subject to the standards set forth at the hearing. Defendants' motion in limine B excluding statement of undisputed facts from the ruling on the motion for summary judgment is grant ed. Defendants' motion in limine C regarding CDCR operational procedures and memorandum is submitted until trial. Defendants' motion in limine D, seeking to exclude inmate Robinson from testifying is denied. The court has issued a writ f or the attendance of inmate Robinson at trial. If plaintiff does not oppose having inmate Robinson testify via videoconference, plaintiff shall file such a request no later than 14 days before trial. Defendants' motion in limine E regarding te stimony of plaintiff's medical treaters is partially granted. On direct examination, plaintiff's medical treaters may testify as to opinions formed, or reasonably expected to have been formed during treatment of plaintiff. During direct e xamination, plaintiff's medical treaters may not testify as to causation or opinions formed outside the course of treatment. Defendants' motion in limine F seeks to preserve their right to objection to unforseen ways exhibits may be offere d at trial. This motion is well taken as to both parties; both parties retain their right to so object. Plaintiff's motion in limine I 203 is partially granted. Expert witness Dr. Cheryl Paizis will not testify as set forth in her inital ex pert report [203-6]. Rather, Dr. Paizis may testify without specific attribution to plaintiff as to the following: Paranoid, schizophrenia is a mental disorder that distorts the way a person thinks, perceives reality, and relates to others. It is o ften characterized by psychotic symptoms such as delusions and hallucinations. A person with schizoaffective disorder has psychotic symptoms and a mood disorder such as depression or bipolar disorder. [205-3] Plaintiff's motion to exclude Dr. Paizis testimony as to the general characteristics testimony related to post 2004 incidents (set forth at paragraphs number (2), (3), and (4) of defendants' response (id.)) is granted, without prejudice as to defendants' renewal of the moti on to admit such evidence during trial, based on plaintiff's testimony at trial, as discussed at the hearings on these motions. Plaintiff's motion in limine 2 to exclude the opinions of Anthony Murphy is granted. Plaintiff's motion i n limine 3 to exclude prior convictions and arrests, and the 2007 felonly battery is partially denied. The fact of plaintiff's 1999 conviction may be admissible to the extent defendants relied upon it in making double-celling decisions; evidenc e regarding collateral details of the conviction are excluded unless made relevant by plaintiff's testimony on direct examination. The following statement regarding the 2006 incident that resulted in the 2007 conviction and plaintiff's pla cement in ASH may be adduced at trial: In 2007, plaintiff was convicted for felony battery, unrelated to the incident at issue here, which resulted in plaintiff's placement at Atascadero State Hospital. This statement is admitted for purposes o f impeachment, and te explain that plaintiff's placement at ASH was not based on the 2004 incident at issue here. However, this exclusion is subject to review based on plaintiff's testimony on direct examination. In all other respects, pl aintiff's motion is granted without prejudice to defendants' renewed motion to admit specific evidence based on plaintiff's testimony on direct examination. Finally, plaintiff's motion in limine 4 to exclude plaintiff's rule s violations reports is partially granted. The actual records from the rules violations will no be provided to the jury. The admissibility of the facts of the rules violations is submitted until trial. For example, the fact of pre-2004 rules violations may be admissible to the extent defendants relied upon them in making double-celling decisions.(Plummer, M)
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Filing
211
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/5/12 ORDERING the Custodian to produce Lorenzo Robinson at 9:00 am in Courtroom 25 before Judge Kendall J. Newman. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
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Filing
196
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/2012 and agreed between the parties SETTING the Jury Trial for 7/17/2012 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Yin, K)
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Filing
192
ORDER signed by Magistrate Judge Kendall J. Newman on 5/7/2012 VACATING 187 , 188 Writs of Habeas Corpus Ad Testificandum; DIRECTING the Clerk of Court to serve copies of this order on the Director of Atascadero State Hospital, The Warden of California State Prison, Los Angeles County, and the Out-to-Court Desk, California State Prison - Sacramento. (cc: OTCD) (Michel, G)
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Filing
191
ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/2012 ORDERING plaintiff's attorney's request for authority to incur costs by approinted pro bono counsel Brian Rothschild is GRANTED. (Crouch, J)
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Filing
189
ORDER signed by Judge Kimberly J. Mueller on 4/27/12 and Judge Kendall J. Newman on 4/30/12 ORDERING that the Clerk of the Court reassign this case to the Honorable Kendall J. Newman. The parties shall please take note that all documents hereafter filed with the Clerk of the Court shall bear case No. Civ. S-06-0633 KJN. All currently scheduled dates presently set before Judge Mueller are hereby VACATED.(Dillon, M)
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Filing
188
SECOND REVISED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/27/12 ORDERING the Custodian to produce Artay Scruggs at 11:00 am on 5/18/12 in Courtroom 25. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
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Filing
181
ORDER signed by Magistrate Judge Kendall J. Newman on 04/23/12 ordering plaintiff's 04/05/12 motion 173 is denied. Discovery is re-opened for the sole purpose of allowing plaintiff to take depositions pertinent to the recently provided confidential documents. (Plummer, M)
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Filing
179
REVISED 177 ORDER AND WRIT OF HABEAS CORPUS AD TETIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/18/2012 ORDERING the Custodian to produce Artay Scruggs on 05/21/12 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. C ustodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies sent to the Director, Atascadero State Hospital). (Yin, K)
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Filing
178
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 04/13/12 ordering the custodian to produce Lorenzo Robinson at 05/21/12 at 9:00 a.m. in courtroom 3 before Judge Kimberly J. Mueller. Custodian i s ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies of this writ sent to the Warden, CSP Los Angeles County, 44750 60th Street West, Lancaster, CA 93536-7620) (Plummer, M)
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Filing
175
ORDER GRANTING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel signed by Magistrate Judge Kendall J. Newman on 4/9/2012. (Crouch, J)
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Filing
167
AMENDED PRETRIAL ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/2012: plaintiff shall file a more specific exhibit list within 7 days; Discovery is CLOSED; the Settlement Conference is RESET for 4/5/2012 at 11:00 AM in Courtroom 2 before Magistrate Judge Craig M. Kellison; the Trial Confirmation Hearing is CONTINUED to 4/26/2012 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; and objections due within 14 days. (Yin, K)
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Filing
165
ORDER signed by Magistrate Judge Kendall J. Newman on 02/21/12 ordering ( Settlement Conference set for 4/5/2012 at 08:30 AM in Courtroom 2 before Magistrate Judge Craig M. Kellison.) Defendants' lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person. (cc: CMK) (Plummer, M)
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Filing
164
ORDER signed by Magistrate Judge Kendall J. Newman on 02/17/12 ordering the February 23, 2012 hearing date is vacated. Defendants 01/20/12 motion to reopen discovery 158 is denied. (Plummer, M)
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Filing
161
ORDER signed by Magistrate Judge Kendall J. Newman on 2/7/12 ORDERING that the December 19, 2011 order to show cause, directed to nonparty CDCR, is discharged; Plaintiffs November 11, 2011 144 motion to find nonparty CDCR in contempt, and to award contempt sanctions is DENIED without prejudice; In connection with the mental health records for petitioner and inmate Robinson that are potentially relevant to plaintiffs claims herein, CDCR counsel shall produce those records subject to a stipulated protective order and, if no such order can be agreed upon, CDCR shall seek court intervention; and Plaintiffs November 11, 2011 request for evidentiary sanctions against defendants is denied without prejudice. (Dillon, M)
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Filing
153
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/11 ordering plaintiff's 11/11/11 motion to compel 144 is partially granted. Plaintiff's request for evidentiary sanctions against defendants is taken under submission. Nonparty CDCR's request for monetary sanctions is denied. The clerk of the court is directed to serve a copy of this order on counsel for nonparty, CDCR, The Nield Law Group, at gnield@neildlaw.com. (See order for further details) (Plummer, M)
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Filing
150
ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2011 ORDERING that plaintiff's attorney's request for authority to incur costs regarding travel to the 12/8/11 motion to compel and for sanctions hearing is GRANTED. (cc: Financial, Pro Bono)(Yin, K)
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Filing
148
ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/11 ORDERING that nonparty CDCRs November 21, 2011 motion for continuance 146 is granted; the December 1, 2011 hearing on plaintiffs motion to compel 144 is continued to December 8, 2011, at 10:00 a.m. before the undersigned; The November 30, 2011 deadline for filing a joint pretrial statement is continued to February 1, 2012; The trial confirmation hearing set for December 7, 2011, is continued to March 21, 2012, at 11:00 a.m., in Courtroom 3, before the Honorable Kimberly J. Mueller; and the jury trial date, set for January 30, 2012, is continued to May 21, 2012, at 9:00 a.m., in Courtroom 3, before the Honorable Kimberly J. Mueller. (Dillon, M)
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Filing
145
ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/11 ordering the court finds that plaintiff's motion to compel 144 was timely filed to provide notice of the 12/01/11 hearing. However, the court holds law and motion calendars at 10:00 a.m. Accordingly, plaintiff's motion to compel 144 shall be heard at 10:00 a.m. on 12/01/11 before the undersigned. The parties shall timely comply with Local Rule 251. (Plummer, M)
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Filing
143
ORDER signed by Magistrate Judge Kendall J. Newman on 10/5/2011 ORDERING pltf's attorney's request for authority to incur costs regarding travel to the depositions of each of the three defendants is GRANTED. (Crouch, J)
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Filing
142
ORDER signed by Magistrate Judge Kendall J. Newman on 09/12/11 ordering the 08/24/11 protective order 140 is revised. Any documents produced as to inmate Robinson are subject to a protective order; Robinson's documents shall be used solely for the purpose of this litigation and shall be reviewed solely by counsel for the parties. (Plummer, M)
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Filing
140
ORDER signed by Magistrate Judge Kendall J. Newman on 08/23/11 ORDERING that plf's 136 Motion for Reconsideration is GRANTED IN PART; the 134 08/05/11 Order is AMENDED to allow limited discovery to obtain documents as set forth in this order; any documents produced as to inmate Robinson are subject to a protective order; Robinson's documents shall be used solely for the purpose of this litigation, and shall be reviewed solely by counsel for plaintiff. (Benson, A.)
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Filing
135
ORDER signed by Magistrate Judge Kendall J. Newman on 8/5/2011 ORDERING pltf's attorney's request for authority to incur costs regarding travel to the hearing on 8/11/2011 is DENIED. (Crouch, J)
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Filing
134
ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 8/5/11, ORDERING that plaintiff's 128 motion to modify the scheduling order is PARTIALLY GRANTED. Within 14 days from the date of this order, defendants' counsel shall provide plaintiff's counsel with copies of defendants' discovery responses to plaintiff's pro se discovery requests. Discovery is reopened for the limited purpose of taking the depositions of defendants Claborne, Nelson a nd Vance. Such depositions shall be COMPLETED on or before 11/1/11. The 6/27/11 Pretrial Order 126 is VACATED. Counsel shall FILE a joint pretrial statement on or before 11/30/11. A Trial Confirmation Hearing is SET for 12/7/2011 at 11:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The Jury Trial is CONT'D to 1/30/2012 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kastilahn, A)
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Filing
131
ORDER signed by Magistrate Judge Kendall J. Newman on 07/26/11 ordering the trial confirmation hearing set for 08/10/11 before the Honorable Kimberly J. Mueller is vacated. The August 11, 2011 hearing before Judge Kendall J. Newman is hereby vacated. (Plummer, M) Modified on 7/27/2011 (Plummer, M).
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Filing
125
ORDER signed by Magistrate Judge Kendall J. Newman on 05/10/11 ordering that plaintiff's 04/07/11 motion 123 is denied without prejudice. (Plummer, M)
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Filing
124
ORDER signed by Magistrate Judge Kendall J. Newman on 5/2/11 ORDERING that Brian M. Rothschild and Joanna H. Kim are APPOINTED as counsel for Artay Scruggs; and the clerk to serve a copy of this order on attys Rothschild and Kim. (cc: Rothschild, Kim) (Yin, K)
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Filing
122
ORDER signed by Magistrate Judge Kendall J. Newman on 3/11/2011 ORDERING that pltf has 30 days to submit the completed subpoena duces tecum form for the Dpt of Mental Health at ASH; the clerk to send pltf on subpoena duces tecum form, two subpoena fo rms (for witnesses Jarman and Brewster), and a copy of pltf's affidavit (dkt. no. 94 at 3); pltf's 119 motion for subpoena duces tecum is DENIED w/out prejudice; and pltf's 120 motion for subpoena of additional witness is DENIED w/out prejudice. (Yin, K)
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Filing
121
ORDER signed by Magistrate Judge Kendall J. Newman on 03/10/11 partially granting 118 Motion to Appoint Counsel. This case is referred to the court's Pro Bono Program for the appointment of counsel. The Pro Bono Program shall inform the court of their decision at their earliest convenience. The Clerk of the Court shall serve a copy of this order on the court's Pro Bono Program. (cc: Pro Bono Director) (Plummer, M)
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Filing
116
REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 2/9/2011 ORDERING that this matter is SET for Trial Confirmation Hearing on 8/10/2011 at 11:00 AM and for Jury Trial on 9/26/2011 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller.(Yin, K)
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Filing
113
ORDER adopting in full 112 FINDINGS AND RECOMMENDATIONS, signed by Judge Frank C. Damrell, Jr., on 12/9/10. Pltf's claims under the Fourteenth Amendment are dismissed. (Kastilahn, A)
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Filing
112
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/27/10 ORDERING plaintiff's 07/19/10 motion for subpoena duces tecum to DMH-ASH 94 is granted. Within 21 days from the date of this order, plaintiff shal l complete and return the subpoena duces tecum for DMH-ASH to the court. Plaintiff's motion to subpoena certain discovery and other documents 95 is denied. Defendants are directed to produce plaintiff's deposition transcript at trial. Plaintiff's motion to subpoena Taylor's affidavit 96 is denied. Plaintiff's motion to subpoena Lorenzo Robinson's affidavit 97 is denied. Plaintiff's motion for subpoenas for the appearance of witnesses Ernest Jarman an d Chase Brewster 98 , 99 are granted. Plaintiff shall complete 1 subpoena form for each witness and return it to the court not earlier than 4 weeks and not later than 2 weeks before trial, along with a money order made payable to each witness for the witness feee of $40.00 plus the witness' travel expenses. Plaintiff's motion to subpoena Stewart Manago 100 is denied. Plaintiff's motion to subpoena his prison central file and medical records 101 is denied without pre judice. Plaintiff's motion regarding photographs 102 is partially granted. Defendants shall produce the photographs of the crime scene, evdience of plaintiff's injuries, taken after the 05/19/04 incident, in the formate presently held, at the jury trial. If the photographs are only maintained in digital form, defendants shall ensure that they bring the digital photographs to trial and have the means necessary to display the photographs to the jury in a meaningful way. Plaintiff&# 039;s 09/07/10 motion 108 is denied. The clerk of the court is directed to send plaintiff 3 subpoena forms. The 12/07/10 jury trial is continued to Tuesday, 04/12/11 at 9:00 a.m. in courtroom 2 before the Honorable Frank D. Damrell. Also, RECOMMENDING that plaintiff's claims under the fourteenth amendment be dismissed. Referred to Judge Frank C. Damrell. Objections due within 21 days. (Plummer, M)
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Filing
90
ORDER signed by Magistrate Judge Kendall J. Newman on 06/01/10 ordering plaintiff's 03/11/10 and 03/29/10 motions to correspond with inmate Taylor 87 , 88 are denied. Plaintiff's 03/11/10 and 03/29/10 motions to correspond with inmates Robinson and Carwell 87 , 88 are denied. However, the court construes these motions as a request to seek the testimony of inmate Robinson and Carwell, two incarcerated inmates and will direct their responses as set forth below. The clerk of the court is directed to send a copy of this order to each of the following inmates: Lorenzo Robinson H-05888, Location-CA State Prison, LA County, 44750 60th Street West, Lancaster, CA 93536-7620. Jalon Carwell V-07412, Location-Ironwood State Prison, 19005 Wileys Well Road, P.O. Box 2229, Blythe, CA 92226. The clerk of the court shall provide inmates Robinson and Carwell with a postage-paid envelope addressed to the court. Within 30 days from the date of this order, inmate Robinson and Inmate Carwell are directed to complete and return, in the postage-paid, self addressed envelope provided the attached notice regarding potential witness. (Plummer, M)
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Filing
81
ORDER signed by Magistrate Judge Dale A. Drozd on 11/13/09 denying 80 Motion for an order to produce plaintiff for trial as unnecessary. (Dillon, M)
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Filing
67
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/27/09 recommending that defendants' motion for summary judgment 52 filed 10/147/08 be denied. Motion for Summary Judgment 52 referred to Judge Frank C. Damrell. Objections due within 15 days. (Plummer, M)
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Filing
66
ORDER signed by Judge Frank C. Damrell, Jr., on 8/19/09 ORDERING that, upon reconsideration, the order of the magistrate judge 63 , is AFFIRMED. (Kastilahn, A)
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Filing
58
ORDER signed by Magistrate Judge Dale A. Drozd on 01/20/09 ordering the filing of plaintiff's pretrial statement and motions to obtain the attendance of witnesses on or before 01/16/09 is vacated. The filing of defendants pretrial statement due on or before 04/23/09 is vacated. Pretrial conference set for 01/30/09 is vacated. Trial set for 04/28/09 before the Honorable Frank C. Damrell is vacated. A new schedule for the above shall be set as appropriate following disposition of defendants' motion for summary judgment. (Plummer, M)
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