Barker v. Hubbard et al
| William Barker |
| L Susan Hubbard and J Foster |
| 2:2008cv01160 |
| May 23, 2008 |
| US District Court for the Eastern District of California |
| Prisoner: Civil Rights Office |
| Sacramento |
| Kimberly J. Mueller |
| William B. Shubb |
| Defendant |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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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
197
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/5/14. The parties shall have an additional 60 days, or until August 5, 2014, to file a Stipulation and Proposed Order for Dismissal of the above-captioned matter in its entirety.(Dillon, M)
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Filing
194
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/10/13 ordering that plaintiff file a stipulation of dismissal by 06/06/14. (Plummer, M)
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Filing
191
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/04/13 ordering ( Status Conference set for 11/13/2013 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) (Plummer, M)
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Filing
185
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/10/2013 ORDERING the plaintiff to file, within 90 days, a Stipulation of Dismissal, or in the alternative, a request for an extension of time to file said stipulation. (Michel, G)
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Filing
183
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/23/13 ordering that plaintiff is granted 14 days within which to submit motions for issuance of writs of habeas corpus ad testificandum for trial. Writs will not issue unless plaintiff complies with the requirements identified in the court's 07/07/10 order. (Plummer, M)
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Filing
179
ORDER vacating status conference previously set for January 8, 2013. Signed by Magistrate Judge Nandor J Vadas on 12/21/12. (Masterson, G)
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Filing
178
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/19/12 ordering that plaintiff shall file his pretrial statement within 21 days. Defendants shall file their pretrial statement within 21 days of service of plaintiff's pretrial statement. (Plummer, M)
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Filing
176
ORDER signed by Magistrate Judge Nandor J. Vadas on 12/13/2012 ORDERING that Plaintiff's Counsel's 175 motion to appear telephonically at the status conference at 3:00 p.m. on 12/18/2012 is HEREBY GRANTED. (Zignago, K.)
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Filing
174
ORDER. Status Conference set for 12/18/2012 at 03:00 PM before Magistrate Judge Nandor J Vadas. Signed by Magistrate Judge Nandor J Vadas on 12/10/2012. (Masterson, G)
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Filing
171
ORDER setting telephonic status conference. Status Conference set for 1/8/2013 at 01:00 PM before Magistrate Judge Nandor J Vadas. Signed by Magistrate Judge Nandor J Vadas on 11/28/2012. (Masterson, G)
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Filing
165
ORDER re settlement conference. Signed by Magistrate Judge Nandor J Vadas on 10/2/2012. (Masterson, G)
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Filing
163
Order setting telephonic Status Conference for 9/18/2012 at 01:45 PM before Magistrate Judge Nandor J Vadas. Signed by Magistrate Judge Nandor J Vadas on 09/10/2012. (Masterson, G)
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Filing
162
ORDER granting 159 Motion to vacate settlement conference. Signed by Magistrate Judge Nandor J Vadas on 08/15/2012. (Masterson, G)
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Filing
158
ORDER Setting Settlement Conference in San Francisco. ( Settlement Conference set for 8/16/2012 at 01:00 PM before Magistrate Judge Nandor J Vadas.) Signed by Magistrate Judge Nandor J Vadas on 7/25/12. (Masterson, G)
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Filing
153
ORDER. Parties to meet and confer re settlement. Telephonic Status Conference set for 7/3/2012 at 01:45 PM before Magistrate Judge Nandor J Vadas. Signed by Magistrate Judge Nandor J Vadas on 6/12/2012. (Masterson, G)
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Filing
152
ORDER and WRIT ISSUED signed by Magistrate Judge Carolyn K. Delaney on 06/07/12 ordering the custodian to produce William Barker on 07/13/12 at 9:00 a.m. for a settlement conference before Judge Nandor J. Vadas at California State Prison Solano. Cus todian 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 and Judge Vadas)(3 certified copies of this writ sent to the Warden at California Medical Facility) (Plummer, M) Modified on 6/8/2012 (Plummer, M).
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Filing
150
ORDER ADOPTING 147 FINDINGS AND RECOMMENDATIONS signed by Judge William B. Shubb on 5/30/12 DENYING 130 Motion for Summary Judgment. (Manzer, C)
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Filing
147
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/20/12 recommending that 130 MOTION for SUMMARY JUDGMENT be denied. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
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Filing
125
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/12/12 ORDERING that defendants are granted an extension of time for an additional five days in which to file a summary-judgment motion, so that it may be filed on or before March 12, 2012.(Dillon, M)
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Filing
120
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 01/17/12 ORDERING defendants' request that the court take judicial notice of the "Armstrong Amended Remedial Plan" is denied. Defendants are grant ed until 20 days from the district court judge's resolution of plaintiff's motion for summary judgment to file their own motion for summary judgment. Also, RECOMMENDING that all defendants other than California Department of Corrections and Rehabilitation and the State of California be dismissed. Plaintiff's 07/15/11 motion for summary judgment be denied. MOTION for SUMMARY JUDGMENT 87 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
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Filing
118
ORDER signed by Judge William B. Shubb on 12/22/11 ORDERING that the findings and recommendations filed 11/1/11, are adopted in full; Defendants' motion to dismiss 91 is granted; Plaintiff's claims arising under California law claims thre e and four in his second amended complaint are dismissed without prejudice; and Plaintiff is given 14 days from the date of this order to file a third amended complaint consistent with this order. If plaintiff elects not to file another amended complaint, the action shall proceed on the remaining claims. (Becknal, R)
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Filing
115
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/7/2011 and agreed between the parties to the substitution of exhibit A to defendants' 112 Request for Judicial Notice. (Yin, K)
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Filing
108
JOINT STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/11 ordering defendants' deadline to respond to plaintiff's objections is extended to 12/12/11. (Plummer, M)
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Filing
104
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/31/11 recommending that the motion to dismiss filed on 07/29/11 be granted. Plaintiff's claims arising under California law - claims 3 and 4 in his second amended complaint be dismissed. Defendants Foster, Kett, Sweigert, Reyes, Mizzen, Singh, the California Department of Corrections and Rehabilitation and the State of California be ordered to file their answer within 14 days. MOTION to DISMISS 91 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
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Filing
101
ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/25/11 ORDERING that pltf shall file an opposition or statement of non-opposition to the 91 Motion to Dismiss by 9/26/11; dfts may file a reply within 7 days thereafter. (Manzer, C)
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Filing
82
ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/11 GRANTING 77 Motion to Amend the Complaint; The second amended complaint is accepted as filed 5/30/11, nunc pro tunc. Counsel for defendants has seven days from the entry of this order in which to notify plaintiffs counsel whether she has authority to accept service on behalf of defendant Hubbard. (Dillon, M)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 04/29/11 ordering that the scheduling order in this case is amended as follows: Non-expert discovery will conclude no later than 08/26/11. All parties will designate experts no later than 09/25/1 1. All parties will designate rebuttal experts no later than 10/25/11. Expert related discovery will conclude no later than 11/24/11. All pretrial motions will be filed no later than 01/23/12. If plaintiff chooses to file a second amended complai nt, it is due no later than 05/30/11. The clerk of the court is directed to send counsel forms for the parties to consent or decline the magistrate judge's jurisdiction for all purposes. The parties will return the forms, completed, no later than 05/20/11. Plaintiff's motion to vacate the scheduling order 65 is denied as moot. (Plummer, M)
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Filing
57
ORDER signed by Magistrate Judge Kimberly J. Mueller ordering plaintiff's request for the appointment of counsel [51-2] is granted. Scottlynn (Scott) J. Hubbard is appointed counsel for plaintiff. This matter is set for a status hearing at 10: 00 a.m. on 12/08/10 before the undersigned in courtroom #26. Both parties shall appear by counsel at the status conference and shall be prepared to discuss how this matter should proceed. Plaintiff's motion for an extension of the discovery de adline and other dates set in the scheduling order 50 is granted in part and denied in part. The deadline for conducting discovery is re-set to 12/28/10. The request to extend all other deadlines is denied. Defendants motion to extend the discov ery deadline 53 is granted. Plaintiff's other motions to extend the discovery deadline [51-1] and 52 are duplicative and therefore moot. The clerk of the court is directed to serve a copy of this order upon Scott Hubbard, 12 Williamsburg Lane, Chico, California 95926.(Plummer, M)
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Filing
44
ORDER signed by Magistrate Judge Kimberly J. Mueller on 7/6/2010 ORDERING that w/in 14 days, dfts Mizzen, Reyes and Swagger to pay to the USM the sum of $114.50 each, unless w/in that time each files a written statement showing good cause for his failure to waive service; the clerk to serve a copy of this order on the USM. (cc: USM)(Yin, K)
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Filing
32
ORDER signed by Magistrate Judge Kimberly J. Mueller on 3/4/10 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 60 days. Service is appropriate for Bridges, Renetti. 2 USM-285 Forms, and 1 copy of the Amended Complaint filed on 2/6/09. (Dillon, M)
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Filing
30
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/11/10 DIRECTING USM to serve Amended Complaint filed on 2/6/09, on Kett, Swagger, Bridges, Renetti, Reyes, Biggs, Mizzen within 10 days. Clerk to serve upon plaintiff a copy of the Local Rules of Court.(Dillon, M)
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Filing
23
ORDER signed by Magistrate Judge Kimberly J. Mueller on 12/08/09 ordering the clerk of the court is directed to return to plaintiff a copy of the amended complaint submitted by plaintiff on 02/06/09. The clerk of the court is directed to send plaintiff 6 USM-285 forms to be completed and returned within 30 days. Defendant Foster file a responsive pleading to the amended complaint within 21 days of the date of this order. (Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/29/09 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for Kett, Swagger, Bridges, Renetti, Biggs, Mizzen and Reyes. Clerk to send plaintiff: 1 Summo ns, 7 USM-285 Forms, and 1 copy of the Amended Complaint filed on 2/6/09. Within 30 days from the date of this order, plaintiff shall complete the Notice of Submission of Documents and submit the appropriate documents to the court. Plaintiff's 20 Motion to Proceed IFP is DENIED as moot.(Dillon, M)
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Filing
15
ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/13/09 ORDERING that The findings and recommendations filed 7/8/08 are hereby vacated; Plaintiffs complaint is dismissed; Plaintiff is granted 30 days to file an amended complaint; Plaintiffs 13 request for assistance in serving the defendants is DENIED without prejudice. The Clerk of the Court is directed to sent plaintiff a copy of the form for a civil rights action by a prisoner.(Dillon, M)
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