Miller v. Woodford et al
| Gerald L. Miller, Jr. |
| Jane Woodford, Felker, R.D. Leo, Michael Roch, Banner Lassen Medical Center, Segerstrom and Kathleen J. Adams |
| 2:2007cv01646 |
| August 9, 2007 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kern |
| Edmund F. Brennan |
| Lawrence K. Karlton |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
237
ORDER signed by Judge Lawrence K. Karlton on 10/3/12 ORDERING that, pursuant to the Stipulation to Dismiss with Prejudice of Defendants J. Huckabee and G. Castro (aka Costra) pursuant to Federal Rules of Civil Procedure41(a)(1)(A)(ii), this case is DISMISSED with prejudice. Each party shall bear their own costs, expenses and attorneys fees and in this action. (Kastilahn, A)
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Filing
235
ORDER signed by Judge Lawrence K. Karlton on 8/23/2012 ORDERING that pursuant to the 234 Stipulation to Dismiss with Prejudice of Defendant Steven Segerstrom, M.D., pursuant to Federal Rules of Civil Procedure 41(1)(1)(A)(ii), the above-captioned action is hereby DISMISSED as to Defendant Steven Segerstrom with prejudice. Each party shall bear their own costs, expenses and attorneys' fee in this action. (Zignago, K.)
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Filing
233
ORDER signed by Judge Lawrence K. Karlton on 7/11/12, ORDERING that defendants James, Dial and Cox are DISMISSED from this action with prejudice pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear their own costs, expenses and attorneys' fees in this action. (Kastilahn, A) Modified on 7/11/2012 (Kastilahn, A).
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Filing
219
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/26/12 ORDERING that Plaintiff and defendant Adams shall file dispositional documents not later than 90 days from the date of this order. Defendant Adams pending motion to dismiss 193 is denied as moot. This case is set for a second settlement conference before Magistrate Judge Craig M. Kellison on 6/7/12 at 11:00 a.m. at Kern Valley State Prison. This action is STAYED pending the outcome of the 6/7/12 settlement conference. The Clerk of the Court shall serve this order on the Litigation Coordinator at Kern Valley State Prison.(Dillon, M)
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Filing
206
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/9/2012 ORDERING Settlement Conference set for 1/19/2012 at 02:00 PM in Courtroom 2 before Magistrate Judge Craig M. Kellison; each party shall provide confidential settlement statement to Sujean Park, ADR and Pro Bono Program Director, no later than 1/16/2012 and file a Notice of Submission of Confidential Settlement COnference Statement; defendant's lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on defendant's behalf shall attend in person; those in attendance must be prepared to discuss the claims, defenses and damages; failure to comply with this order may result in imposition of sanctions. (Waggoner, D)
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Filing
199
ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Edmund F. Brennan on 11/30/11 ordering defendant Roger Cox M.D. hereby substitutes Attorney Kathleen J. Williams in place of the State of California Attorney General's Office. (Plummer, M)
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Filing
184
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/20/11 ordering defendants shall pay plaintiff his costs of $4.75 by 10/28/11. Plaintiff's requests for admission to defendant Huckabee are deemed admitted, and Huckabee's object ions to plaintiff's requests for production of documents are waived including his unsupported assertion that he lacks possession, custody or control over the documents. Defendants counsel must produce all of the documents requested to plaintiff by 10/28/11. By 10/28/11, defendants' counsel is ordered to submit a declaration attesting to the status of plaintiff's health and current medical treatment. Plaintiff is granted 14 days thereafter to file a response. John Patrick is sanctioned $250.00 for failing to obey the court's discovery order. The sum shall be paid to the Clerk of the Court not later than 30 days from the date of this order. (Plummer, M)
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Filing
171
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 09/12/11 ordering the court's 08/31/11 order and writ which commanded the custodian to produce the inmate on 09/14/11 is herebye VACATED. The custodian is to produce Gerald Miller via video conferencing at 10:00 a.m. on 09/28/11 in courtroom 24 before Magistrate Judge Edmund F. Brennan. 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: I.T. Dept and OTCD)(Plummer, M)
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Filing
168
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Edmund F. Brennan on 8/31/2011. Custodian to produce plaintiff Gerald L. Miller (Inmate # C-92075) on 9/14/2011 at 10:00 AM in Courtroom 24 (EFB). Custodian is ordered to notify Court of any change in custody of thisinmate and provide the new warden with a copy of this Writ. (cc: OTCD and Warden at CSP - Calipatria) (Marciel, M)
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Filing
162
ORDER denying 159 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 08/11/11. (Plummer, M)
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Filing
161
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/09/11 ordering that within 21 days of the date of this order, defendants shall file an opposition or statement of non-opposition to plaintiff's filing. (Plummer, M)
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Filing
154
ORDER signed by Magistrate Judge Edmund F. Brennan on 05/31/11 ordering plaintiff's 08/30/10 motion to compel 140 is granted. Defendants shall produce the documents requested in Docket Number 140 within 14 days of the date of this order. Pl aintiff's motion for court intervention in serving defendants Segerstrom and Adams 143 is granted as follows. Defendants may, within 14 days from the date of this order, inform the court that they oppose service by publication. If defendants do not file a response, plaintiff may then file a motion for service by publication. Plaintiff's motion for the court to order defendant Cox to retain counsel 144 is denied as moot. Plaintiff's request for declaratory relief is denied. Defendants shall show cause, within 14 days of the date of this order, why plaintiff's 03/02/11 motion to comple should not be granted and why they should not be sanctioned for their noncompliance with a court order. The clerk of the court is directed to reissue summons as to defendant G. Castro and forward the completed USM-285 form, copies of the third amended complaint and a copy of this order to the U.S. Marshal.. (Plummer, M)
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Filing
136
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/20/10 ordering plaintiff's 02/22/10 motion to change pleadings in the third amended complaint 118 is denied. Plaintiff's 03/25/10 motion to compel discovery 122 is denied as moot . Plaintiff's 05/10/10 motions for the court to assist plaintiff in locating defendants and for other available avenues in finding and locating defendants 131 , 132 are granted. Defendants are directed to query CDCR to ascertain the whereabouts of defendants Costra, Segerstom and Adams within 14 days of the date of this order, and inform plaintiff and the court of the results as directed above. (Plummer, M)
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Filing
135
ORDER denying 134 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 07/14/10. (Plummer, M)
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Filing
117
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/4/10 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 60 days. Service is appropriate for Kathleen J. Adams, Segerstrom. Clerk to send plaintiff 2 USM-285 Forms, and 1 copy of the Amended Complaint filed on 3/23/09. (Dillon, M)
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Filing
115
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/28/10 ORDERING that plf's 60 Motion for Leave to file an Amended Motion to Compel Discovery is DENIED; plf's 87 , 93 Motions for Intervention are DENIED; plf's 1 3 request for USM to be provided with the present or last known address of dft Costra for service of Summons and Complaint is DENIED; and RECOMMENDING that plfs' 67 Motion for leave to file a motion for reconsideration o f TRO be denied; that plf's 83 motion for default jdugment be denied and dfts' 88 Motion to Dismiss be granted and the fifth, sixth, eighth, and ninth causes of action in plf's Third Amended Complaint be dismissed; and plf be granted leave to amend his complaint w/i 30 days of any order adopting these recommendations. Objections to these F&Rs due w/i 21 days; referred to Judge Lawrence K. Karlton. (Benson, A.)
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Filing
112
ORDER signed by Senior Judge Lawrence K. Karlton on 11/9/2009 DENYING pltf's 5/14/2009 motion for reconsideration. (Matson, R)
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Filing
105
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/2/09 DIRECTING USM to serve * Amended Complaint * filed on * 3/23/09,* on * Kathleen J. Adams, Segerstrom* within 10 days. The Clerk of the Court shall serve upon plaintiff a copy of the Local Rules of Court. (cc USM) (Dillon, M)
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Filing
102
ORDER signed by Senior Judge Lawrence K. Karlton on 09/17/09 ORDERING that, upon reconsideration, the 81 order of the magistrate judge filed 07/13/09 is AFFIRMED. (Benson, A.)
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Filing
97
ORDER adopting 68 FINDINGS AND RECOMMENDATIONS IN FULL, except as to their recitation of the preliminary injunction standard signed by Senior Judge Lawrence K. Karlton on 8/28/09: Plaintiff's January 7, 2009, motion for a temporary restraining order and preliminary injunction is denied. (Kaminski, H)
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Filing
95
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/25/09 ORDERING that plaintiff's 56 June 5, 2009, motion to compel is DENIED. (Duong, D)
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Filing
86
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/31/09 ORDERING that pltfs 50 request to file a third amended complaint is GRANTED; Pltf must effect service on Adams, Costra and Segerstrom. Clerk shall send p ltf three USM-285 forms, one summons, an instruction sheet and one copy of the 3/23/09 third amended complaint. Within 20 days, pltf shall complete the Notice of Submission of Documents and submit it to the court with the completed summons and USM-28 5 forms and four copies of the endorsed 3/23/09 pleading. Dfts motion to modify the pretrial schedule is GRANTED. The schedule is vacated and the court will issue a new discovery and scheduling order once the newly added defendants have been served a nd have answered the complaint. It is RECOMMENDED that 39 MOTION for DEFAULT JUDGMENT be denied; and the listed claims in the third amended complaint be dismissed with prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 15 days.(Dillon, M)
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Filing
81
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/13/09 ordering within 14 days from the date of service of this order, defendant James shall pay to the US Marshal the sum of $683.10. The clerk of the court shall serve a copy of this order on the U.S. Marshal. (cc: USM)(Plummer, M)
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Filing
59
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/09 ORDERING that 40 Motion to Compel is DENIED; the scheduling order entered on 12/18/08, is modified as follows: The time for plaintiff to serve amended requests for production of documents is extended until 4/24/09. Any motion to compel responses shall be filed no later than 6/6/09; and Dispositive motions must be filed no later than 7/25/09. (Dillon, M)
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Filing
57
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/14/09 ordering the clerk of the court shall enter default of defendant L. Dial. The clerk of the court shall not enter default of defendant James. (Plummer, M)
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Filing
54
ORDER signed by Magistrate Judge Edmund F. Brennan on 04/01/09 ordering the court will not consider plaintiff's 01/07/09, 02/27/09, and 03/09/09 discovery requests 31 , 44 , 46 , 47 when considering any motion to compel currently pending or which he might file in the future. Insofar as this order requires him to file an amended motion to compel so that his 02/11/09 motion to compel complies with all applicable rules, he has 20 days from the date this order is signed to do so. (Plummer, M) Modified on 4/3/2009 (Plummer, M).
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Filing
37
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/09: Plaintiff's January 20, 2009, request is granted 36 and plaintiff has 60 days from the date this order is served to submit the appropriate service documents. (Kaminski, H)
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