Aidnik v. California Medical Facility et al
Plaintiff: Jeff Aidnik
Defendant: California Medical Facility, Susan Hubbard, Grouch, Moreno, Swarget, - Barkley, Riley, Casillas, Lewis, E. Smith and R. Perez
Case Number: 2:2008cv02583
Filed: October 30, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Sacramento
Presiding Judge: Robert A. McQuaid
Presiding Judge: Howard D. McKibben
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 23, 2012 Opinion or Order Filing 151 ORDER signed by Senior Judge Howard D. McKibben on 1/23/2012 ORDERING a Telephonic Status Conference SET for 1/26/2012 at 01:00 PM in Reno Courtroom 4 before Senior Judge Howard D. McKibben. Pro Se Plaintiff and Phillip Arthur, on behalf of the Defendants, shall be present telephonically. The Court shall initiate the call. (Waggoner, D)
January 13, 2012 Opinion or Order Filing 148 ORDER signed by Senior Judge Howard D. McKibben on 1/12/2012 DISMISSING CASE with prejudice, pursuant to stipulation of parties. 147 CASE CLOSED. (Reader, L)
September 28, 2011 Opinion or Order Filing 143 ORDER signed by Senior Judge Howard D. McKibben on 9/28/2011,the court having been advised that this case has settled, ORDERS 140 Motion for an order regarding legal work, sanctions and transfer case to Sacramento is DENIED as MOOT. Once appropriate dismissal documents have been submitted to the court, this action will be dismissed. (Waggoner, D)
September 1, 2011 Opinion or Order Filing 138 ORDER RE SETTLEMENT & DISPOSITION signed by Magistrate Judge Edmund F. Brennan on 9/1/2011 ORDERING that pursuant to the representation of plaintiff and counsel for defendants at a Settlement Conference conducted on 9/1/2011, the court has determined that the instant action has settled; dispositional documents are to be filed not later than 120 days from the date of this order; failure to comply may be grounds for sanctions. (Waggoner, D)
August 15, 2011 Opinion or Order Filing 135 ORDER signed by Senior Judge Howard D. McKibben on 8/15/2011 ORDERING that plt's 133 134 motions are granted in part. The clerk of the court is directed to send plaintiff a copy of the courts 122 order setting the settlement conference. Th e motions are denied in all other respects. The court advises plaintiff that it has issued a writ of habeas corpus ad testificandum requiring that he be produced for the September 1, 2011, settlement conference, and that authorities at Avenal State Prison are aware of the order and have a copy of the writ. Plaintiff's remaining claims are outside the scope of this action and are therefore DENIED. (Duong, D)
August 8, 2011 Opinion or Order Filing 132 ORDER signed by Senior Judge Howard D. McKibben on 8/5/2011 DENYING 129 Motion for Court Order and 130 Motion for Sanctions; GRANTING in part 131 Request for confirmation of receipt of documents. The Clerk is directed to send plaintiff a copy of 121 Stipulation and Order. In all other respects, the request id DENIED. The Clerk is directed to update plaintiff's address and to send all future mailings to both addresses listed. (Michel, G)
July 21, 2011 Opinion or Order Filing 127 ORDER signed by Senior Judge Howard D. McKibben on 07/20/2011 GRANTING 126 Motion for Personal Clothing at Court Settlement Hearing. Pltf's mother directed to provide clothes to U.S. Marshal's office no later than one business day before the settlement conference and to retrieve the clothing by close of business on 09/02/2011. The clerk of the court is directed to serve a copy of this order on pltfs mother. (Michel, G)
July 13, 2011 Opinion or Order Filing 125 ORDER signed by Senior Judge Howard D. McKibben on 7/13/2011. It's unclear whether plaintiff's address has changed to that reflected on most recent 124 Request. Accordingly, Clerk shall mail 120 Order granting parties' Stipulation, 121 Order setting Settlement Conference, and 123 Order issuing Writ of Habeas Corpus Ad Testificandum to both of plaintiff's addresses. Further plaintiff ordered to advise Court, on or before 7/29/2011, which one is current address. (Marciel, M)
July 6, 2011 Opinion or Order Filing 122 ORDER signed by Senior Judge Howard D. McKibben on 7/6/2011 ORDERING Settlement Conference set for 9/1/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; Confidential Settlement Conf Statements due by 8/22/2011, and fil e a Notice of Submission; the parties shall keep the Court apprised of the outcome of the settlement conf; and the parties shall file a joint status report within 10 days of the mediation, or if settlement is reached, the parties shall file a Notice of Settlement with the Court. (Reader, L)
June 24, 2011 Opinion or Order Filing 121 STIPULATION and ORDER 120 re: Request to Refer Case to the Pro Se Mediation Program, signed by Senior Judge Howard D. McKibben on 6/24/11. This case is hereby REFERRED to the ADR coordinator for the Eastern District of CA for mediation and a possible settlement of the case. (Kastilahn, A)
June 2, 2011 Opinion or Order Filing 118 ORDER signed by Senior Judge Howard D. McKibben on 06/02/11 ORDERING that the telephonic hearing on the OSC is RESET to 06/09/11 at 10:00 AM in Reno before Senior Judge Howard D. McKibben. (Benson, A.)
May 13, 2011 Opinion or Order Filing 115 ORDER signed by Senior Judge Howard D. McKibben on 5/13/2011; after reviewing 113 Notice of Change of Address filed by Jeff Aidnik, IT IS ORDERED that the Order of Dismissal entered on 5/12/2011 is hereby VACATED, the Court will set another show ca use hearing at a date and time that is convenient to the parties and counsel. The Court requests that counsel for defendant make appropriate inquiries to determine the custody status of the plaintiff, to attempt to make arrangement for the plaintiff to be available for a telephonic conference call, and to advise the Court on scheduling a new hearing. (Waggoner, D)
May 6, 2011 Opinion or Order Filing 112 ORDER signed by Senior Judge Howard D. McKibben on 5/6/11 re 111 OSC ORDERING that the Telephonic Show Cause Hearing currently set for Thursday, May 12, 2011 at 9:00 a.m. shall be conducted via AT&T Conference. Participants shall call AT&T no later than 5 minutes prior to the hearing at 1 (877) 336-1839 and provide Access Code 3246567 and Security Code 0079. (Duong, D)
April 20, 2011 Opinion or Order Filing 110 ORDER signed by Senior Judge Howard D. McKibben on 4/20/2011 ORDERING Show Cause Response due by 5/4/2011. If plaintiff fails to do so, this action will be dismissed with prejudice.(Reader, L)
March 22, 2011 Opinion or Order Filing 107 ORDER signed by Senior Judge Howard D. McKibben on 3/22/11 ORDERING the parties shall appear telephonically for the Telephonic Pretrial Conference on Wednesday, April 20, 2011 at 8:15 a.m. (Pacific Time) in Reno Courtroom 4 before Judge Howard D. McKibben. Participants shall call AT&T no later than 5 minutes prior to the hearing at 1 (877) 336-1839 and provide Access Code 3246567 and Security Code 0068.(Matson, R)
March 1, 2011 Opinion or Order Filing 104 ORDER signed by Senior Judge Howard D. McKibben on 2/28/11 ORDERING that it is unnecessary for the court to reach defendant's argument that he is entitled to qualified immunity. In accordance with the foregoing, the defendants motion for partial summary judgment 94 is hereby GRANTED. (Becknal, R)
November 19, 2010 Opinion or Order Filing 102 ORDER signed by Senior Judge Howard D. McKibben on 11/18/10 ORDERING pltf's motion for discovery 92 is DENIED. (Carlos, K)
September 13, 2010 Opinion or Order Filing 100 ORDER signed by Senior Judge Howard D. McKibben on 9/13/10, ORDERING that a Telephonic Status Conference is SET for 10/12/2010 at 09:30 AM in Reno, Courtroom 4 before Senior Judge Howard D. McKibben.(Kastilahn, A)
August 11, 2010 Opinion or Order Filing 99 ORDER signed by Senior Judge Howard D. McKibben on 08/11/10 ORDERING that plf's 98 Motion for Continuance, if seeking an extension of time to oppose the dft's motion for summary judgment, is DENIED as moot. To the extent plf is seeking an extension of time to file pretrial motions, the motion is DENIED as premature. (Benson, A.)
August 4, 2010 Opinion or Order Filing 97 ORDER signed by Senior Judge Howard D. McKibben on 8/3/10 ORDERING that the clerk is directed to mail plaintiff a copy of defendant's motion 94 and attached exhibits, along with a copy of this order, to plaintiff's current listed address: Jeff Aidnik, V-82709, P.O. Box 754, Mi Wuk, CA 95346. The plaintiff shall file any opposition to the motion on or before 9/7/10. (Becknal, R)
November 18, 2009 Opinion or Order Filing 47 SCHEDULING ORDER signed by Magistrate Judge Robert A. McQuaid on 11/18/09: Discovery shall be completed on or before 90 days from the date of this Order. The parties shall file a Joint Pretrial Order five days past the date for filing motions for summary judgment or all motions for summary judgment are denied, whichever is later. (Kastilahn, A)
November 10, 2009 Opinion or Order Filing 45 ORDER signed by Senior Judge Howard D. McKibben on 11/9/09 ORDERING that Dfts' 35 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to dfts Lewis, Riley, Moreno, Hubbard, and Pulsipher, and those dfts are hereby DISMISSED from this action. The motion is DENIED as to dft Grochall. (Engbretson, K.)
August 25, 2009 Opinion or Order Filing 37 ORDER signed by Senior Judge Howard D. McKibben on 8/24/09 ORDERING that the court reaffirms its 32 order denying Pltf's motion for appointment of counsel and denies his 33 motion for reconsideration. (Engbretson, K.)
July 27, 2009 Opinion or Order Filing 32 ORDER signed by Senior Judge Howard D. McKibben on 7/27/09 DENYING 31 Motion to Appoint Counsel. (Engbretson, K.)
April 17, 2009 Opinion or Order Filing 17 ORDER signed by Senior Judge Howard D. McKibben on 4/17/2009 ORDERING Pltf's claims against dfts Lt. Swarget, Sgt. Barclay, Mike Knolls, P. Mandeville, Sgt. Wyant, Lance Jenson, and Lt. Shankland are dismissed for the reasons discussed above; T his action will go forward on pltf's First Amendment claims against dfts Grouch, Riley, Lewis, Moreno, Pulsipher, and Hubbard, and his Eighth Amendment claim against dft Maxwell; Pltf is granted leave to file an amended complaint with respect to the allegations in his supplemental complaint filed 9/11/2008, only. Pltf shall have 30 days from the date of service of this order in which to file any amended complaint. Failure to file an amended complaint will result in dismissal of those defendants from this action; Upon filing an amended complaint or expiration of the time allowed therefor, the court will make further orders for service of process upon some or all of the dfts.(Matson, R)
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Defendant: California Medical Facility
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Defendant: Susan Hubbard
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Defendant: Grouch
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Defendant: Moreno
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Defendant: Swarget
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Defendant: - Barkley
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Defendant: Riley
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Defendant: Casillas
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Defendant: Lewis
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Defendant: E. Smith
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Defendant: R. Perez
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Plaintiff: Jeff Aidnik
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