Montano v. Medical Department Solano State Prison et al
Plaintiff: Raul Montano
Defendant: Richard Tan
Case Number: 2:2007cv00800
Filed: October 19, 2006
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Kendall J. Newman
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
May 21, 2013 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Kendall J. Newman on 5/20/2013 ORDERING that defendant's 100 motion for summary judgment is GRANTED; and this action is DISMISSED with prejudice. CASE CLOSED. (Yin, K)
September 6, 2012 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Kendall J. Newman on 9/5/12 ORDERING that Plaintiffs motion for reconsideration 98 , is granted. This courts order and judgment dismissing this action 95 , 96 , are VACATED. Sole remaining defendant, Dr. Richard Tan, is directed to notice, file, and serve a new motion for summary judgment, including all pertinent exhibits, that includes notice to plaintiff of the requirements for opposing a motion for summary judgment (Dillon, M)
May 22, 2012 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 05/21/12 DISMISSING CASE without prejudice pursuant to FRCP 41(b). CASE CLOSED. (Plummer, M)
April 27, 2012 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/12 ORDERING that within 14 days after service of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure to file an opposition will be deemed as co nsent to have: (a) the pending motion granted; (b) the action dismissed for lack of prosecution; and (c) the action dismissed based on plaintiffs failure to comply with these rules and a court order. Such failure shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Dillon, M)
February 28, 2012 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/12 GRANTING 84 Motion to Withdraw as Attorney. Ms. Juarez is relieved immediately upon the filing of this order. The Clerk of Court shall mail plaintiff a copy of this order. Discovery closed in this action on December 16, 2011; the deadline for filing dispositive motions is hereby extended to April 6, 2012. (Dillon, M)
December 30, 2011 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Kendall J. Newman on 12/29/11 ordering counsel for plaintiff Raul Montano, Jessica Juarez, is permitted to file under seal the following documents in support of her motion to withdraw as plaintiff's counsel of re cord: a) Memorandum of points and authorities in support of Jessica Juarez's motion to withdraw as counsel of record for plaintiff Raul Montano; and b) Declaration of Jessica Juarez in support of motion to withdraw as counsel of record for plain tiff Raul Montano. The clerk of the court is directed to, forthwith, to file these documents under seal, and to forward said documents to chambers for in camera review. Plaintiff Raul Montano shall, within 14 days after the filing date of this orde r, file a written statement that informs the court whether plaintiff opposes the withdrawal of his current counsel. The status conference currently scheduled in this action for Thursday, 01/19/12 at 10:00 a.m. is vacated pending further order of this court, and will be rescheduled after resolution of the present matters. (Plummer, M)
December 8, 2011 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Kendall J. Newman on 12/7/11 ORDERING that the status conference scheduled for December 15, 2011, is vacated; and a status conference is scheduled for January 19, 2012, at 10:00 a.m., in Courtroom No. 25. The parties shall file a joint status report on or before January 12, 2012. (Dillon, M)
October 25, 2011 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Kendall J. Newman on 10/25/2011 ORDERING that the 10/27/11 status conference is VACATED; a further status conference is scheduled for 12/15/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; seven days prior to the status conference, the parties to file a joint status report; and the parties may obtain an earlier status conference and/or a settlement conference upon request. (Yin, K)
September 23, 2011 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/11 ORDERING that Discovery is reopened, and may be conducted through 12/16/11; The deadline for filing dispositive motions is 2/10/12. Status Conference currently scheduled for 9/29/11, is V ACATED and continued to Thursday, 10/27/11, at 10:00 a.m., in Courtroom No. 25. Seven days prior to that date, the parties shall file a further Joint Status Report that addresses whether there are any matters requiring the courts consideration at such conference, or whether such conference can be vacated.(Dillon, M)
August 22, 2011 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/11 ORDERING that Jessica Juarez is APPOINTED as Counsel for Plaintiff. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at spark@caed.uscourts.gov if she has an y questions related to the appointment. The Clerk is directed to serve a copy of this order upon Jessica Juarez, Mallison & Martinez, 1939 Harrison Street, Suite 730, Oakland, California 94612; and a copy upon plaintiff. Plaintiff's MOTION for A ppointment of a Spanish interpreter 74 is DENIED without prejudice. Because counsel has now been appointed in this case, an interpreter will be appointed for formal court proceedings as needed. A Status Conference is SET for 9/29/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Mena-Sanchez, L)
June 7, 2011 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/11 ORDERING that Plaintiffs request for leave to file his proposed Third Amended Complaint is DENIED; Defendants request to reopen discovery and to extend the dispositive motion deadline is DE NIED; The currently-set dates for commencement of trial (September 19, 2011), and pretrial conference (August 4, 2011), are VACATED pending further order of this court; Plaintiffs 72 request for appointment of counsel is GRANTED; the Clerk of Court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating forthwith an attorney admitted to practice in this court who is willing to accept the appointment, and, if possible, preferably an attorney who is bilingual in English and Spanish; and once counsel is appointed, the court will schedule a settlement conference before the undersigned at the earliest convenience of the parties. (cc ADRP)(Dillon, M)
May 11, 2011 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Kendall J. Newman on 05/10/11 ordering that plaintiff's motion filed on 05/09/11 66 is denied without prejudice. (Plummer, M)
April 20, 2011 Opinion or Order Filing 65 AMENDED ORDER signed by Magistrate Judge Kendall J. Newman on 4/20/11 ORDERING that a status conference is scheduled before the undersigned on 5/19/11 at 10:00 a.m., in Courtroom No. 25. Arrangements will be made for plaintiff to appear telephonically; an Order and Writ of Habeas Corpus Ad Testificandum 64 was issued on 4/15/11. On or before 5/12/11, both parties shall file a separate further status report. (see order for further details)(Dillon, M)
April 15, 2011 Opinion or Order Filing 64 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 04/14/11 ORDERING the Custodian to produce Raul Montano via telephonic conferencing at 05/19/11 at 10:00 a.m. in 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. (cc: IT Dept)(Plummer, M)
January 14, 2011 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2011 DENYING plaintiff's 53 54 Motions for Reconsideration. Plaintiff's further Discovery Motion contained therein are also DENIED. The exception that San Quentin's Legal A ffairs Office be directed to obtain and make available to plaintiff, w/in 14 days after service of Order, the institutional documents responsive to Production Request No. 1, viz., all written policies, procedures and practices specific to CSP-Solano (and generally to California Department of Corrections and Rehabilitation) that address medical examination and treatment of prisoners, including the dispensing of medication. (Marciel, M)
October 19, 2010 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/10 ORDERING that plaintiffs 42 request for an extension of time within which to respond to defendants untimely discovery requests is denied; plaintiff need not respond to these requests. P laintiffs 46 untimely motion to compel further responses to Plaintiffs Request for Production (Set One), is denied; defendant need not further respond to these requests. Plaintiffs 47 , 50 motions for sanctions are denied. Defendants 48 and [ 49] requests for sanctions are denied. Plaintiffs 50 motion for appointment of counsel is denied. The deadline for either party to file and serve a dispositive motion is extended to 11/12/10. Clerk of Court is directed to send the parties a copy of this courts 23 order filed 6/29/09. (Dillon, M)
July 9, 2010 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Kendall J. Newman on 07/07/10 ordering defendant shall file and serve, on or before 07/16/10, a response to plaintiff's request for an extension of time to respond to defendant's discovery requests. Plaintiff may file and serve a reply within 10 days after service of defendant's response. (Plummer, M)
June 11, 2010 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/10 ORDERING that plaintiffs request to withdraw his consent to the jurisdiction of the magistrate judge is DENIED; Plaintiffs 39 request for appointment of counsel is denied; The discovery deadline is extended for the limited purpose of permitting plaintiff additional time within which to challenge defendants response to Plaintiffs Request for Production of Documents; Plaintiff may file and serve, within 21 days of service of this order, a discovery motion that conforms to the Federal Rules of Civil Procedure and the Local Rules of this court.(Dillon, M)
May 13, 2010 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/10 DENYING 36 Motion to Compel. (Dillon, M)
February 16, 2010 Opinion or Order Filing 35 AMENDED DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 2/16/2010 ORDERING that 28 , 32 , and 33 motions are GRANTED; Discovery due by 6/11/2010; All Pretrial Motions, except motions to compel discovery, due by 9/10/2010; Pretrial Conference and Trial dates will be set as appropriate; the clerk to REDESIGNATE pltf's address as San Quentin State Prison. (Yin, K)
October 20, 2009 Opinion or Order Filing 27 DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Edmund F. Brennan on 10/20/09: Discovery due by 2/5/2010. Non-Dispositive Motions due by 2/5/2010. Dispositive Motions due by 4/30/2010. Pretrial proceedings will be scheduled upon the resolution of any pretrial motions. (Owen, K)
August 24, 2009 Opinion or Order Filing 25 ORDER signed by Senior Judge Lawrence K. Karlton on 8/24/2009 ADOPTING 21 FINDINGS AND RECOMMENDATIONS; The findings and recommendations filed June 10, 2009, are adopted in full; and all claims against defendants Dr. Solomon, Dr. Alvaro C. Traquina, B. Naku and Dr. A. Noriega be dismissed with prejudice on the ground that plaintiff fails to state a claim for relief against them. (Matson, R)
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Plaintiff: Raul Montano
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Defendant: Richard Tan
Represented By: Michael Anthony Terhorst
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