Kilgore v. Mandeville et al
| Ivan Kilgore |
| Richard Mandeville, Karen Kelly, Dr. Jagdeep Bal, James R. Wedell, Gabriel S. Borges, Rick Nicholson, Marcus Winton, Gloria Forshay, - Hamilton and Nancy Dunn |
| 2:2007cv02485 |
| November 19, 2007 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Garland E. Burrell |
| 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
155
ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/2014 DENYING WITHOUT PREJUDICE 154 Motion to Appoint Counsel; DENYING 154 Request for Medical Expert; ORDERING that objections to the 151 Findings and Recommendations be filed by 4/10/2014. (Michel, G)
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Filing
151
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/21/2014 RECOMMENDING that defendants' 142 motion for summary judgment be granted; and summary judgment be granted in full on behalf of defendants Borges, Wedell, Bal, Winton, Forshay, Dunn, Kelly and Hampton. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
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Filing
131
ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2013 GRANTING plaintiff's 129 motion to re-open discovery; the deadline for conducting any further discovery is now 4/1/2013; within 14 days, defendants' counsel shall provide p laintiff, in an organized fashion, with copies of all discovery to date (to the extent plaintiff has not already received it from his former counsel); the deadline for filing dispositive motions is extended to 6/28/2013; and plaintiff's 130 motion to compel the filing of defendants' deposition transcripts is DENIED without prejudice.(Yin, K)
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Filing
128
ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/2012 ORDERING that dispositive motions are due 1/18/2013; should defendants file and serve a motion for summary judgment, they shall also serve on plaintiff a notice of the requirements for opposing the motion; plaintiff's opposition to a motion for summary judgment due within 21 days after service of the motion; defendants reply due within 7 days after the service of the opposition. (Yin, K)
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Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/12 GRANTING 124 Motion to Withdraw as Attorney; Mr. Misleh is relieved from representing plaintiff upon the filing of this order, at which time plaintiff shall represent himself. Wit hin 30) days after the filing date of this order, defendants counsel shall submit a confidential statement to the court; Defendants confidential statement shall not be served on plaintiff or filed with the court but, instead, delivered by mail, fa x, e-mail or personal delivery to the chambers of the undersigned magistrate judge. The court will then determine whether this action is appropriate for a settlement conference. The Clerk of Court shall serve plaintiff with a copy of this order.(Dillon, M)
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Filing
123
ORDER signed by Magistrate Judge Kendall J. Newman on 9/18/2012 ORDERING that plaintiff's request to seal the motion and exhibits he submitted to the court on 9/13/2012 is GRANTED, the clerk is to file these documents UNDER SEAL; the dispositiv e motion deadline of 9/29/2012 is VACATED until further notice of the court; plaintiff's request that the court direct prison staff to photocopy additional exhibits is DENIED; and plaintiff's counsel shall file UNDER SEAL, within 21 days, a statement addressing the matters set forth in this order.(Yin, K)
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Filing
121
ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/12 DENYING without prejudice 120 Motion for a 30 day grace period. (Dillon, M)
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Filing
117
ORDER signed by Magistrate Judge Kendall J. Newman on 7/5/12 ORDERING that Counsel shall, within ten days after the filing date of this order, file and serve a statement informing the court as to the status of defendant Forshays declaration.(Dillon, M)
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Filing
115
ORDER signed by Magistrate Judge Kendall J. Newman on 4/25/12 ORDERING that the order to show cause filed April 6, 2012 113 , is DISCHARGED. The confidential response of defense counsel to the order to show cause shall remain confidential; therefor e, counsels request to file her response under seal 114 , is DENIED as moot. Defense counsel shall, within 14 days, file and serve the declarations of the remaining defendants, or inform the court why any declaration remains outstanding and the estimated date of its submission. Discovery shall proceed in this action through July 27, 2012; the deadline for filing dispositive motions shall be September 29, 2012. (Dillon, M)
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Filing
113
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 04/05/12 ordering that within 14 days after the filing date of this order, defense counsel shall file and serve a declaration explaining why she failed to comply with the above-noted portion of the court's order issued 03/01/12; counsel shall also explain the current status of each defendant's declaration. (Plummer, M)
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Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 03/01/12 ordering that the deadline is extended for defense counsel to serve, on plaintiff's counsel, each defendant's declaration, as ordered by the court on 01/06/12; defense counsel shall, on or before 03/16/12 file a declaration demonstrating compliance with this requirement, or an explanation why this deadline cannot reasonably be met. (See order for further details)(Plummer, M)
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Filing
107
ORDER signed by Magistrate Judge Kendall J. Newman on 01/05/12 granting 106 Motion for Discovery. Each counsel shall on or before 03/30/12, file a further status report. (See order for further details) (Plummer, M)
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Filing
102
ORDER signed by Magistrate Judge Kendall J. Newman on 9/27/2011 ORDERING pltf's attorney's request for authority to incur costs regarding obtaining documents is GRANTED. (Crouch, J)
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Filing
100
ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2011 DENYING 99 Pltf's motion to stay this action; pltf's request for an order directing dfts to produce a copy of pltf's incoming legal mail log, is GRANTED; dfts shall, with in 14 days after the filing date of this order, serve pltf with a copy of his "Mail Card" (CDC Form 119), for the period 1/1/2011, through the date of production; Pltf's request for an order directing the CSP-SAC Litigation Coordinator to comply with the CA Public Records Act is DENIED; pltf's request for appointment of counsel is GRANTED; the Clerk of Court is directed to contact Sujean Park, ADR, Coordinator, for the purpose of locating forthwith an attorney admitted to practice in this court who is willing to accept this appointment. (Reader, L)
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Filing
98
ORDER signed by Magistrate Judge Kendall J. Newman on 6/15/11, ORDERING the Clerk to send plaintiff one copy each of this court's orders, docket no. 93 and 97 . (Kastilahn, A)
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Filing
93
ORDER signed by Magistrate Judge Kendall J. Newman on 05/03/11 ordering plaintiff's motion for discovery sanctions 79 is denied; plaintiff's motion for an extension of time to reply to defendants' opposition to this motion 86 is de nied as moot. Plaintiff's related motion to compel responses to his further discovery requests 79 is granted in part; defendants shall within 30 days after the filing date of this order, and consistent with the instructions set forth in this order, serve plaintiff with responses to his Second Set of Interrogatories; defendants' counsel shall within 10 days thereafter, file with the court a statement of compliance, which shall also include verification that defendants serve responses to plaintiff's Fourth Production Request. Plaintiff's motion compelling third parties Higginbotham and Young to answer special interrogatories 87 is denied. Plaintiff's motion compelling production of his "Mail Card" (CD C Form 119) 88 is granted; defendants shall within 30 days after the filing date of this order, serve plaintiff with a copy of such document, for the period 09/01/10 to the present. Plaintiff's motion for leave to file a second amended complai nt 84 is denied. Plaintiff's motion for injunctive relief 85 is denied. Discovery shall remain closed in this action with the exception that defendants shall timely serve plaintiff with the additional discovery items ordered herein. The deadline for filing dispositive motions is hereby scheduled for Friday, 07/29/11. (Plummer, M)
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Filing
81
ORDER signed by Magistrate Judge Kendall J. Newman on 9/21/10 ORDERING that defendants shall, within 14 days of the filing date of this order, file a response addressing each of plaintiffs concerns set forth in his 78 Opposition and 79 Motion; Plaintiff may, within 14 days after service of defendants response, file a reply; and discovery deadline of September 10, 2010, and dispositive motion deadline of October 15, 2010, are vacated pending further order of this court.(Dillon, M)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 06/18/10 plaintiff's motion to compel discovery 49 is granted in part; the parties shall comply with the substance and deadlines for further discovery asset forth in the body of the order a bove. Plaintiff's motion to quash defendants' third party subpoena 65 , 72 is denied. The discovery deadline is extended to 09/10/10. Plaintiff's motion for appointment of counsel 70 is denied. The deadline for filing disposit ive motions is extended to 10/15/10. Defendants' motion for summary judgment 63 is vacated without prejudice. Plaintiff's motions for extension of time within which to opppose defendants' motion for summary judgment and to vacate the prior scheduling order 70 are denied as moot. (Plummer, M)
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Filing
68
ORDER signed by Magistrate Judge Kendall J. Newman on 03/01/10 ordering plaintiff's motion for stay 66 construed as a motion to amend the scheduling order 44 is granted. Plaintiff's near-identical motions for sanctions relative to defe ndants' failure to timely oppose plaintiff's discovery motion 56 and 67 are denied without prejudice. The dates currently scheduled for trial, filing pretrial statements and convening a pretrial conference are vacated pending further o rder of this court. The discovery deadline of 08/31/09 shall remain in place pending this court's consideration of plaintiff's discovery motion and whether the deadline should be extended to allow for further appropriate discovery. The 12/04/09 deadline for filing dispositive motions shall also remain in place pending further order of this court.(Plummer, M)
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Filing
55
ORDER signed by Magistrate Judge Dale A. Drozd on 12/15/09 denying 54 Motion to vacate the scheduling order until the court appoints him counsel. (Plummer, M)
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Filing
53
ORDER signed by Magistrate Judge Dale A. Drozd on 12/7/2009 GRANTING 52 Motion for Extension of time; and Dfts shall file any motion for summary judgment which they wish to pursue or before 1/11/2010; and dfts are directed to file an opposition or a statement of non-opposition w/in 21 days. (Matson, R) Modified on 12/9/2009 (Matson, R).
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Filing
48
ORDER signed by Magistrate Judge Dale A. Drozd on 8/20/09 ORDERING pltf's motion for a court order 47 is DENIED. (Carlos, K)
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