| July 20, 2016 |
Filing
392
ORDER signed by District Judge Troy L. Nunley on 7/19/16 DENYING 390 Motion to Intervene. Rodriguez is directed to submit his concerns to his class counsel so that they can determine whether his concerns are valid and meet and confer with Defendants if they are, pursuant to the Settlement Agreement. (Washington, S)
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| June 3, 2016 |
Filing
388
STIPULATION and ORDER OF DISMISSAL signed by District Judge Troy L. Nunley on 6/2/16. Plaintiff Robert Mitchell's individual claims for damages against Defendants are dismissed with prejudice from this action pursuant to the Settlement Agreement and Release between the Parties. Each side shall bear its own attorneyss' fees and costs with respect to Plaintiff's individual claims for damages. (Mena-Sanchez, L)
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| March 22, 2016 |
Filing
382
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 03/21/16 ordering the custodian to produce Robert Mitchell on 4/27/16 at 9:30 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. C ustodian 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 KJN)(3 certified copies of this writ sent to the Warden, CSATF) (Plummer, M) Modified on 3/22/2016 (Plummer, M).
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| October 8, 2015 |
Filing
378
ORDER DENYING ROBERT GIBSON'S MOTION TO INTERVENE AND DEMAND FOR DAMAGES AND INJUNCTIVE RELIEF signed by District Judge Troy L. Nunley on 10/7/15. (Mena-Sanchez, L)
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| May 5, 2015 |
Filing
339
ORDER signed by District Judge Troy L. Nunley on 5/4/15 ORDERING that 1): the stipulated settlement is GRANTED preliminary approval and incorporated by reference herein, subject to the right of class members to challenge the fairness, reasonableness , or adequacy of the Stipulated Settlement; 2): Under FRCP 23(e)(1), the Court APPROVES the substance, form and manner of the 336 Notice and finds that the proposed method of disseminating the Class Notice meets all due process and other legal requ irements and is the best notice practicable under the circumstances; 3): Within 30 days of this order, the parties are DIRECTED to prepare a final version of the Notice, incorporating the dates set forth in this Order; 4).: Within 30 days of this Ord er, CDCR is DIRECTED to post the Notice in English and Spanish in all housing units of all prisons housing prisoners subject to CDCR's modified program and lockdown policy in such a manner as to make the notice visible to all prisoners. Within 30 days of this Order, CDCR is also DIRECTED to place a copy of this Order and the full Stipulated Settlement in every CDCR library. Defendants must file and serve on plaintiffs' counsel a declaration affirming that notice was published as requ ired in this order. A Final Fairness Hearing shall take place at 2 p.m. on 9/24/15 before Judge Troy L. Nunley, in Courtroom 2, to determine whether the proposed settlement of this action on the terms and conditions provided for in the Stipulated Se ttlement is fair, reasonable, and adequate and should be finally approved by the Court, and whether this action should be dismissed under the settlement. Plaintiff's 335 MOTION for ATTORNEY FEES should be heard at the same time as the heari ng for final approval of the settlement agreement. The hearing may be continued from time to time without further notice to the class. Any further briefing from the parties in advance of the hearing shall be filed no later than 9/10/15. Any member of the class may enter an appearance on his or her own behalf in this action through that class member's own attorney (at their own expense), but need not do so. Class members who do not enter an appearance through their own attorneys will be represented by Class counsel. (Meuleman, A)
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| August 1, 2014 |
Filing
330
ORDER signed by District Judge Troy L. Nunley on 8/1/2014 re: Impermissible communication. Ex parte communications are IMPERMISSIBLE and thus the court DECLINES to consider the attached communication. (Donati, J)
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| July 23, 2014 |
Filing
329
ORDER signed by District Judge Troy L. Nunley on 7/21/14 ORDERING the Court hereby GRANTS Plaintiffs' Motion in Support of Class Certification (ECF No. 155 ). The Court finds that the named Plaintiffs are adequate representatives of the clas s of male inmates within the CDCR. The Court further finds that Plaintiff Quezada is an adequate representative of the aforementioned class. Finally, the Court finds that Plaintiffs' litigation team comprised of the Prison Law Office and Bing ham McCutchen LLP, is competent to pursue this action on behalf of the class. In light of the foregoing and the Court's determination that Plaintiffs' Motion for Class Certification should be granted, the Court hereby appoints the Prison Law Office and Bingham McCutchen LLP as class counsel. (Becknal, R)
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| June 25, 2014 |
Filing
328
ORDER signed by District Judge Troy L. Nunley on 6/24/2014 DENYING Plaintiff's 156 Motion for Preliminary Injunction. (Zignago, K.)
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| March 19, 2014 |
Filing
322
ORDER signed by District Judge Troy L. Nunley on 3/18/2014 GRANTING 275 Notice of Request to Seal Document(s). (Zignago, K.)
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| March 14, 2014 |
Filing
320
ORDER signed by District Judge Troy L. Nunley on 3/13/14 DENYING 318 Motion to Set Status Conference, Pretrial Conference, and Trial. (Meuleman, A)
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| February 11, 2014 |
Filing
317
ORDER signed by District Judge Troy L. Nunley on 2/7/2014 ORDERING that Defendants' 253 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
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| November 8, 2013 |
Filing
316
ORDER signed by District Judge Troy L. Nunley on 11/7/2013. Court is DENYING EJS's 302 Motion for Leave to file Brief of Amici Curiae in support of Preliminary Injunction. (Marciel, M)
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| November 6, 2013 |
Filing
311
ORDER signed by District Judge Troy L. Nunley on 11/5/13 GRANTING 154 Notice of Request to Seal Document(s). The Clerk of Court shall file the documents listed under seal. (Meuleman, A)
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| August 5, 2013 |
Filing
278
ORDER signed by District Judge Troy L. Nunley on 8/2/13 GRANTING 182 Motion; the court retains all matters asociated with this case going forward. Any pending motions before the magistrate judge are hereby vacated. (Manzer, C)
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| June 6, 2013 |
Filing
207
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/2013 ORDERING that plaintiff's 185 request to remove the confidentiality desination from pages of Mr. Kelly Harrington's 3/12/13, deposition transcript, as well as accompanying exhibits is GRANTED as to pages 362-367, and 369 and Exhibit 238, and DENIED as to Exhibit 241; plaintiffs' 185 request to submit Exhibit 241 to the state court under seal is also DENIED; plaintiff's 184 request to seal is GRANTED in part and DENIED in part; the Clerk shall file UNDER SEAL Exhibit C. (See Order for Details) (Yin, K)
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| May 21, 2013 |
Filing
199
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/2013 ORDERING 192 MOTION to STRIKE and 195 MOTION to SHORTEN TIME are DENIED; defendants shall file oppositions to plaintiff' motions for preliminary injunction and class certif ications on or before 7/1/2013; plaintiffs shall file their replies to defendants' opposition briefs on or before 7/22/2013; the 6/12/2013 hearing on plaintiffs' 155 motions for preliminary injunction and 156 class certification on 6/12/2013 is CONTINUED to 8/14/2013 at 10:00 a.m. in Courtroom #8.(Waggoner, D) Modified on 5/21/2013 (Hinkle, T).
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| April 22, 2013 |
Filing
181
ORDER signed by District Judge Troy L. Nunley on 4/19/13 ORDERING that upon reconsideration of the order of the Magistrate Judge filed 9/23/11 is affirmed. If plaintiffs would like the court to modify the briefing schedule and/or hearing date in order to provide them additional time to prepare their reply briefs, they may do so by filing an appropriate motion before the assigned Magistrate Judge. (Mena-Sanchez, L)
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| March 20, 2013 |
Filing
176
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/2013 ORDERING that defendants' 171 motion for an extension of time is GRANTED, and defendants shall have until 5/31/2013 to oppose plaintiff's motions for class certification and preliminary injunction. The 4/3/2013 hearing on the motions is VACATED, and the court will hear argument on the motions on 6/12/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Yin, K)
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| February 11, 2013 |
Filing
152
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/11/2013 ORDERING plaintiffs may depose Matthew Cate and Dr. Jeffrey Beard, each deposition shall not exceed four hours; plaintiffs' request for an order directing defendants "to p roduce Dr. Beard's reports analyzing and making recommendations regarding CDCR's lockdown policy and related documents," Dckt. No. 146 at 10, is DENIED, without prejudice; defendants shall produce all e-mails relevant to the noticed depositions by 3/8/2013; defendants shall produce all remaining electronic discovery by 3/29/2013; and the Clerk shall terminate docket entry 142 . (Yin, K)
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| February 8, 2013 |
Filing
151
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/2013 and agreed between the parties to AMEND the pre-trial schedule as to: Non-Expert Discovery due 4/30/2013; Expert Discovery due 7/19/2013; Law and Motions due on or before 8/19/2013; Joint Pretrial Statement due 11/20/2013; Pretrial Conference is set for 12/4/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; and Jury Trial is set for 3/3/2014 at 08:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Yin, K)
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| February 4, 2013 |
Filing
148
ORDER signed by Magistrate Judge Edmund F. Brennan on 02/04/13 ordering plaintiff's request to seal 147 is granted. The clerk of court shall file the documents listed above under seal. (Plummer, M) Modified on 2/4/2013 (Plummer, M).
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| November 26, 2012 |
Filing
139
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2012 ORDERING that defendants may take the deposition of the plaintiffs and any other incarcerated witnesses as requested in the 138 motion. (Yin, K)
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| November 16, 2012 |
Filing
137
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/12 ORDERING that the Parties shall have until November 28, 2012 to file a Joint Statement re Discovery Dispute in accordance with Local Rule 251(c). Defendants Motion to Quash will be heard on December 5, 2012 at 10:00 a.m, or at the Courts earliest convenience. (Dillon, M)
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| October 26, 2012 |
Filing
134
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/12 ordering defendants shall respond to plaintiff's request for production of documents by producing all readily available documents now, and the remainder on a rolling basis in accord ance with the schedule proposed by defendants in the parties joint statement. The parties shall meet and confer to define the scope of electronic discovery with their respective information technology specialists by close of business on 10/31/12. D efendant Cates's objections to plaintiff's interrogatories are overruled. Defendant Cate shall substantively respond to interrogatories 1-11 by 10/30/12. Defendant Cate shall substantively respond to interrogatories 12-17 by 11/06/12. The clerk of the court shall terminate docket entries 125 and 127 . (Plummer, M)
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| October 17, 2012 |
Filing
131
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/12 DENYING 124 Plaintiffs request that their counsel accompany Defendants experts during any prison visits. (Dillon, M)
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| September 17, 2012 |
Filing
123
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 09/17/12 regarding confidential material. (See order for further details) (Plummer, M)
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| August 28, 2012 |
Filing
121
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Edmund F. Brennan on 8/27/12. All Rule 26 initial disclosures shall be provided on or before 9/21/2012. The parties may conduct non-expert discovery until 3/13/2013. Motions to compel non -expert discovery must be heard no later than 2/13/2013. The parties shall make their initial expert disclosures on or before 3/13/2013, and rebuttal expert disclosures on or before 4/8/2013. The parties may conduct expert discovery until 5/20/2013. All pretrial motions, except motions to compel discovery, shall be completed as described herein on or before 7/3/2013. Final Pretrial Conference SET for 8/28/2013 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Jury Trial SET for 10/21/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kastilahn, A) Modified on 8/28/2012 (Kastilahn, A).
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| July 27, 2012 |
Filing
114
ORDER signed by Judge John A. Mendez on 7/27/12 ORDERING 107 Findings and Recommendations are adopted in full; and 92 Motion to Dismiss is denied in all respects except that: Plaintiff Mitchell's Eighth and Fourteenth Amendment claims based on lockdowns that occurred before September 12, 2006 are dismissed as unexhausted, and Plaintiff Mitchell's state law damages claims are limited to the period from February 28, 2007 through December 5, 2007.(Matson, R)
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| June 28, 2012 |
Filing
107
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/28/12 recommending that defendants' motion to dismiss 92 be denied in all respects except that: a. Plaintiff Mitchell's Eighth and Fourteenth Amendment claims based on lockdowns that occurred before 09/12/06 be dismissed as unexhausted; and b. Plaintiff Mitchell's state law damages claims be limited to the period from 2/28/07 through 12/05/07. MOTION to DISMISS 92 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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| November 23, 2011 |
Filing
99
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 11/22/2011 re: 98 Stipulation and Proposed Order ORDERING that the Court approves modifications as follows: plaintiffs' opposition to Motion to Dismiss due on or before 11/28/2011; defendants' reply due 12/7/2011; and hearing on the Motion to Dismiss will be on 12/14/2011. (Waggoner, D)
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| November 16, 2011 |
Filing
96
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/16/2011 ORDERING that parties shall file status reports not later than 21 days from the date of this order; Clerk is directed to resend consent forms to the parties; parties shall return the consent forms within 14 days of the date of this order to inform the court whether they consent or decline to have this case before the assigned magistrate judge for all purposes. (Waggoner, D)
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| October 28, 2011 |
Filing
91
ORDER signed by Judge John A. Mendez on 10/27/2011 ORDERING 86 Defendants Request for Reconsideration is DENIED. (Reader, L)
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| October 19, 2011 |
Filing
90
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/19/11: If the Court denies Defendants' request for reconsideration, Defendants' response to Plaintiff's second-amended complaint must be filed by October 24, 2011, or within five days after the Court rules on Defendants' request for reconsideration, whichever date is later. This proposed deadline will apply to all Defendants named in the second-amended complaint. (Kaminski, H)
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| September 23, 2011 |
Filing
83
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/22/11 GRANTING 70 Motion to Amend the Complaint. Defendants have 30 days from the date this order is served to respond to the amended complaint.(Dillon, M)
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| August 1, 2011 |
Filing
82
ORDER of RECUSAL signed by District Judge Richard A. Jones on 8/1/11 ORDERING this action REASSIGNED to Eastern District of California Judges. This case is REASSIGNED back to District Judge John A. Mendez and Magistrate Judge Edmund F. Brennan for all further proceedings. The case number on all future filed documents shall be 2:08-cv-1196 JAM EFB. 47 Motion for Sanctions, 50 Motion to Compel and for Sanctions and 68 Motion to Appoint Counsel are TERMINATED. (Donati, J)
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| May 11, 2011 |
Filing
73
ORDER signed by District Judge Richard A. Jones on 5/10/2011 re 72 Stipulation and Proposed Order, IT IS ORDERED that defendants' response to Plaintiff's motion is due on or before 5/24/2011; Plaintiff's reply is due on or before 6/3/2011; and the court will contact parties if it decides to hear oral argument before deciding Plaintiff's motion. (Waggoner, D)
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| January 21, 2011 |
Filing
60
ORDER granting 53 Motion to Appoint Counsel signed by District Judge Richard A. Jones on 1/20/11: Rebekah Bella Evenson is appointed limited purpose counsel. This appointment is for the limited purpose of assisting plaintiff in settlement negotiat ions and will terminate thirty days after completion of the January 27th settlement conference, or any continuation of the settlement conference. The Clerk of the Court is directed to serve a copy of this order upon Rebekah Evenson, Prison Law Office. (Kaminski, H)
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| December 22, 2010 |
Filing
57
ORDER signed by District Judge Richard A. Jones on 12/22/2010 ORDERING that this case is set for a settlement conference on 1/27/2011 at 9:00 AM at FSP, 300 Prison Road, Represa CA 95671. Dfts' lead counsel and a person with full and unlimited a utority to negotiate shall attend in person. After the settlement conference, the parties shall promptly inform the court whether they have resolved this case. The Clerk is directed to serve a copy of this order on the Litigation Office at FSP. (Zignago, K.)
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| September 29, 2010 |
Filing
44
ORDER signed by District Judge Richard A. Jones on 9/28/2010 ORDERING that the court GRANTS the 26 motion to compel, DENIES the 28 motion for sanctions, GRANTS the 43 motion for service, and makes additional orders to begin bringing this action to a resolution. Defendants shall provide complete responses to Mr. Mitchells four sets ofdiscovery requests, and shall do so no later than October 29. Defendants have waived any objections to those requests by failing to properly respond to Mr. Mit chell's 26 motion to compel. Defendants shall be responsible for arranging a telephone call with Mr. Mitchell during the week of November 8-12 to determine if he is satisfied with their discovery responses and whether further responses are n ecessary. The parties shall attempt to resolve any disputes. If Mr. Mitchell chooses, he may file an additional motion to compel no later than November 30 if he finds Defendants' responses unsatisfactory. The court emphasizes that it does not e ncourage Mr. Mitchell to file such a motion, and that this order in no way excuses Mr. Mitchell from his obligation to reasonably limit the scope of his discovery requests. After November 30, either in conjunction with an order addressing Mr. Mitche lls motion to compel or in a separate order if he does not file such amotion, the court will require the parties to meet and confer regarding a trialdate and dates for pretrial submissions as described in paragraph 8 of thecourt's November 10, 2 009 scheduling order. The court grants Mr. Mitchell's 43 unopposed motion for service of his amended complaint on Defendants M. Wright and F. Foulk. No later than October 11, Defendants' counsel shall file a notice with the court stating whether he will accept service of the amended complaint on behalf of those Defendants. If counsel declines to do so, the court will issue an order directing the United States Marshal to complete service. All future motions and oppositions to motions in this action shall be limited to 25 pages. All future reply briefs shall be 12 pages or fewer. (Duong, D)
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| August 9, 2010 |
Filing
42
ORDER signed by District Judge Richard A. Jones on 8/6/10, ORDERING that 38 pltf's motion to dismiss claims against dfts Grannis and Allen with prejudice is GRANTED. Dfts N. Grannis and Allen are DISMISSED. Pltf's 36 motion to amend h is complaint is GRANTED. Pltf's 39 motion for sanctions is DENIED. Pltf's 26 motion to compel discovery responses remains pending. The court will set a trial date or other pretrial ddls in conjunction with its order resolving that motion. (Kastilahn, A)
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| March 2, 2010 |
Filing
27
ORDER signed by District Judge Richard A. Jones on 03/01/10 ORDERING that plf's 22 Motion to Compel is DENIED as moot and plf's 23 Motion to modify the court's scheduling order is DENIED as premature. (Benson, A.)
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| November 10, 2009 |
Filing
18
ORDER SETTING PRETRIAL AND DISCOVERY SCHEDULE, signed by District Judge Richard A. Jones on 11/10/09. The parties may conduct discovery until 3/31/10. Any motions necessary to compel discovery shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before 6/30/10. (Kastilahn, A)
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| August 13, 2009 |
Filing
13
ORDER DIRECTING USM signed by District Judge Richard A. Jones on 08/12/09 to serve * Complaint * filed on * 5/30/08,* on * J. Mayfield, A. Masuret, T. Barnard, J. Owen, D. Hellwig, T. Kimzey, D. Cade, R. Blanthorn, R. Beamon, N. Grannis, Robert Mitchell, T. Lockwood, J. McClure, J. Tilton, T. Felker, J. Walker, C. Buckley, D. Vanderville, D. Leiber*. Service Deadline set for 12/14/2009. (cc: USM Priority Sac). (Streeter, J)
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