Lemire et al v. State of California et al
Plaintiff: Sherie Lemire
Defendant: California Department of Corrections and Rehabilitation, Arnold Schwartzenegger, James E. Tilton, Tom L. Cary, D. K. Sisto, - Cahoon, Alcaraz, - Wade, Aragent, - Orrick, Martinez, Gordon Wong, Hak, Alvaro C. Traquina, Noriega, Dusay and Neuring
Case Number: 2:2008cv00455
Filed: February 26, 2008
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Garland E. Burrell
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
September 3, 2015 Opinion or Order Filing 245 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/2/15: The date to file dispositional documents is hereby extended to October 25, 2015. (Kaminski, H)
August 3, 2015 Opinion or Order Filing 241 ORDER RE: SETTLEMENT AND DISPOSITION signed by Judge Garland E. Burrell, Jr. on 8/3/2015 ORDERING that a dispositional document be filed by 9/2/2015; WARNING all parties that a failure to respond to this deadline may be construed as consent to dismis sal of this action without prejudice, and that a dismissal order could be filed; VACATING the Bench Trial set for 8/4/2015; SETTING a Status Conference for 10/26/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint status report be filed fourteen (14) days prior to the Status Conference. (Michel, G.)
July 31, 2015 Opinion or Order Filing 239 ORDER RE DEFENDANTS' MOTIONS IN LIMINE signed by Judge Garland E. Burrell, Jr on 7/31/15. (Mena-Sanchez, L)
July 30, 2015 Opinion or Order Filing 232 ORDER signed by Judge Garland E. Burrell, Jr. on 07/30/15 ORDERING that 158 Motion in Limine No. 1 is DENIED; 159 Motion in Limine #2 is DENIED; and 160 Motion in Limine #3 lacks the preciseness and sufficient factual context required for a pretrial in limine ruling. (Benson, A)
July 24, 2015 Opinion or Order Filing 231 STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 7/24/2015 ORDERING the parties to complete the deposition of Gerard St. Jovite by 7/27/2015; ORDERING that designations and objections to said deposition transcript be filed by 8/4/2015. (Michel, G.)
April 27, 2015 Opinion or Order Filing 220 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/15. Settlement Conference reset for 6/11/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Confidential Settlement Conference Statements due by 6/9/15. (Manzer, C)
March 27, 2015 Opinion or Order Filing 218 ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/2015 ORDERING Settlement Conference set for 5/4/2015 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; Confidential Settlement Conference Statements due 7 days prior to the settlement conference. (Reader, L)
March 23, 2015 Opinion or Order Filing 217 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/20/15: Trial continued to 8/4/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. The parties have leave to seek to schedule a further settlement conference with a Magistrate Judge. (Kaminski, H)
March 19, 2015 Opinion or Order Filing 214 ORDER signed by Judge Garland E. Burrell, Jr. on 3/19/2015 ORDERING 205 that the deadline for Extension of deadline for transcript counter-designations, objections to exhibits and statement of undisputed facts is EXTENDED to 3/20/2015.(Reader, L)
March 17, 2015 Opinion or Order Filing 201 ORDER signed by Judge Garland E. Burrell, Jr on 3/17/15 GRANTING application to excuse the untimely filing of the opposition to Defendants' in limine motions, proposed verdict form, and proposed voir dire trial documents. (Manzer, C)
February 26, 2015 Opinion or Order Filing 169 CORRECTED STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr., on 2/25/15 ORDERING the parties to file their in limine motions, trial briefs, and statements regarding qualified immunity by 2/27/2015. (Kastilahn, A)
February 25, 2015 Opinion or Order Filing 168 STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 2/25/2015 ORDERING the parties to file their in limine motions, trial briefs, and statements regarding qualified immunity by 2/27/2015. (Michel, G.)
January 8, 2015 Opinion or Order Filing 156 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 1/7/2015 ORDERING that the parties' stipulated request for a three-day extension of deadline to file their motions concerning Propositions 36 and 47 is GRANTED. The parties' motions concerning their respective positions on Propositions 36 and 47 shall be filed by no later than 1/8/2015. (Zignago, K.)
December 1, 2014 Opinion or Order Filing 150 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/26/14. Joint pretrial statement due no later than 12/3/14. (Manzer, C)
November 20, 2014 Opinion or Order Filing 147 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr., on 11/20/14 ORDERING that the parties' stipulated request for a two-day extension of time to complete expert discovery is GRANTED. Expert discovery shall be completed by 11/21/14. (Kastilahn, A)
October 30, 2014 Opinion or Order Filing 145 STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr on 10/29/14 ORDERING, the parties' stipulated request for a three-week extension of time to complete expert discovery is granted. Expert discovery shall be completed by November 19, 2014. (Becknal, R)
March 3, 2014 Opinion or Order Filing 138 ORDER signed by Judge Garland E. Burrell, Jr. on 2/28/2014 ORDERING that discovery is REOPENED as follows: Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(B) and (C)'s disclosure requirements concerning any above-reference d expert on or before 7/29/2014, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(D)(ii) on or before 8/29/2014; the referenced expert discovery shall be completed by 10/29/2014; the final pretrial conference is scheduled to commence at 1:30 p.m. on 12/29/2014 in Courtroom 10 before Judge Garland E. Burrell Jr.; and trial shall commence at 9:00 a.m. on 3/31/2015 in Courtroom 10 before Judge Garland E. Burrell Jr.. (Zignago, K.)
January 8, 2014 Opinion or Order Filing 133 ORDER signed by Judge Garland E. Burrell, Jr. on 1/8/2014 GRANTING the parties leave to schedule a Settlement Conference at a mutually convenient time by contacting a deputy clerk for a Magistrate Judge. (Michel, G)
September 12, 2011 Opinion or Order Filing 126 ORDER signed by Judge Garland E. Burrell, Jr on 9/9/11 ORDERING that the Defendants' bill of costs is denied. (Becknal, R)
February 18, 2011 Opinion or Order Filing 112 ORDER signed by Judge Garland E. Burrell, Jr on 2/17/11 ORDERING pltf's motion for summary judgment 86 is DENIED; and each dft's summary judgment motions 86 is GRANTED; judgment is entered in favor of dfts in accordance with this Order and the Orders filed on 1/28/10 and 4/19/10; CASE CLOSED. (Carlos, K)
November 12, 2010 Opinion or Order Filing 97 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/12/2010 approving 95 Proposed Order. All parties shall be allowed to jointly use the depositions lodged with this court. Pending motions will be heard on 12/6/2010 at 9:00 a.m. (Waggoner, D)
April 19, 2010 Opinion or Order Filing 78 ORDER signed by Judge Garland E. Burrell, Jr on 04/16/10 GRANTING in part and DENYING in part 72 Motion to Dismiss. The following claims are dismissed: Plaintiff Lemires state law claims are dismissed without leave to amend. The allegations in Plaintiffs first, second, and third claims against Defendants Schwarzenegger and Tilton are dismissed without leave to amend. Plaintiffs allegations in their second claim against Defendant Tranquina are dismissed without leave to amend. (Williams, D)
February 12, 2010 Opinion or Order Filing 70 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 2/11/2010 ORDERING that Pltfs shall file their Fifth Amended Complaint by 3/5/2010 and Dfts shall file their response within 14 days. (Engbretson, K.)
January 28, 2010 Opinion or Order Filing 66 ORDER signed by Judge Garland E. Burrell, Jr. on 01/27/10 ORDERING that dfts' 61 Motion to Dismiss is GRANTED in its entirety as follows: plfs' first claim against the CDCR is DISMISSED w/o leave to amend; plfs' claims against all df ts in their official capacities are DISMISSED w/leave to amend; the portion of claim plfs' first claim, in which plfs allege dfts Schwarzenegger, Tilton, Carey, Sisto, and Traquina were deliberately indifferent in violation of the 8th Amendment is DISMISSED w/leave to amend; plfs' second claim against dfts Schwarzenegger, Tilton, Martinez, Nuehring, Orrick, and Wong is DISMISSED w/ leave to amend; plfs' third claim is DISMISSED w/leave to amend; plfs' fourth claim is DISMISSE D w/o leave to amend; plfs' fifth through eighth claims are DISMISSED w/leave to amend; plfs have 20 days to file a fifth amended complaint addressing the deficiencies discussed in this Order that they have been granted leave to amend. (Benson, A.)
November 30, 2009 Opinion or Order Filing 59 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/25/2009 ORDERING that pltfs are allowed to file Fourth Amended Complaint within 3 days of this Order; dfts excused from responding to Third Amended Complaint and shall file response to Fourth Amended Complaint pursuant to Federal Rule of Civil Procedure 15; dfts Haviland, Cate, Gregory Hill, K. Harris, Daniel E. Thor, N. Soliz, and R. La Bonte are dismissed with prejudice. (Suttles, J)
October 26, 2009 Opinion or Order Filing 55 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/26/09 ORDERING that Plaintiffs are allowed to file the Third Amended Complaint provided that it is filed no later than three days within the date on which this order is filed. Further, Defendants have thirty days from the day the Third Amended Complaint is filed to file their response.(Mena-Sanchez, L)
October 14, 2009 Opinion or Order Filing 53 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/13/09; Designation of Expert Witnesses due by 2/8/2010. Rebuttal deadline set for 3/8/10. (Owen, K)
January 7, 2009 Opinion or Order Filing 39 ORDER signed by Judge Garland E. Burrell, Jr on 1/6/09 ORDERING Pltfs five days leave from the date on which this Order is filedwithin which to file an amended complaint containing the allegationsagainst the parties named in their proposed Second Amended Complaint,except the proposed Doe Defendants may not be included. (Carlos, K)
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Search for this case: Lemire et al v. State of California et al
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Plaintiff: Sherie Lemire
Represented By: Geri Lynn Green
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Defendant: California Department of Corrections and Rehabilitation
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Defendant: Arnold Schwartzenegger
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Defendant: James E. Tilton
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Defendant: Tom L. Cary
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Defendant: D. K. Sisto
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Defendant: - Cahoon
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Defendant: Alcaraz
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Defendant: - Wade
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Defendant: Aragent
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Defendant: - Orrick
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Defendant: Martinez
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Defendant: Gordon Wong
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Defendant: Hak
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Defendant: Alvaro C. Traquina
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Defendant: Noriega
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Defendant: Dusay
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Defendant: Neuring
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