Roberts v. Cate et al
| Tony Roberts |
| Matthew Cate, Mike Knowles and John Marshall |
| 2:2008cv02624 |
| November 3, 2008 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Luis Obispo |
| John F. Moulds |
| None |
| 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
84
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/22/2013 RECCOMENDING that 77 MOTION for SUMMARY JUDGMENT filed by Mike Knowles, Matthew Cate be granted; and this action be dismissed; Matter referred to Judge John A. Mendez; Any party may file written objections within 14 days after being served; failure to file objections within the time specified may waive the right to an appeal. (Waggoner, D)
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Filing
81
ORDER signed by Magistrate Judge Kendall J. Newman on 8/17/2012, ORDERING that the 5/1/2012, further scheduling order is VACATED; discovery and law and motion REMAIN CLOSED; and the 2/11/2013, jury trial, at 9:00 am, before the Honorable John A. Mendez is VACATED.(Yin, K)
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Filing
80
ORDER signed by Magistrate Judge Kendall J. Newman on 07/18/12 ordering plaintiff is informed of the following requirements for filing an opposition. (See order for further details). Plaintiff is granted 30 days from the date of this order in which to file either a supplemental opposition, or a statement that he opts to rely on his 06/27/12 opposition. Defendants' reply, if any, shall be filed within 7 days thereafter. (Plummer, M)
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Filing
78
ORDER signed by Magistrate Judge Kendall J. Newman on 6/5/12 GRANTING 76 Motion for leave to file a motion for summary judgment; Defendants motion for summary judgment is deemed timely filed; and Plaintiff shall file an opposition to defendants motion for summary judgment within 21 days from the date of this order; defendants reply is due seven days thereafter. (Dillon, M)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/12 ORDERING that 69 Motion to Amend the Complaint is DENIED without prejudice. Any renewed motion to amend pursuant to Fed. R. Civ. P. 16(b) must be filed within 30 days from the date of this order. (Dillon, M)
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Filing
68
ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/2011 ORDERING that defendants' 65 motion for waiver of privilege is DENIED without prejudice; and defendants' 67 motion to extend the dispositive motion deadline is DENIED without prejudice. (Yin, K)
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Filing
64
ORDER signed by Magistrate Judge Kendall J. Newman on 9/22/2011 ORDERING that Plaintiff's 57 June 27, 2011 motion to compel further answers to interrogatories or responses to requests for admissions is DENIED. Plaintiff's 57 June 27, 2 011 motion to compel further production ofdocuments is granted in part, and denied in part as stated in this order. Defendants shall produce the documents within thirty-five days from the date of this order. The Clerk of the Court is directed to send plaintiff a copy of pages 28-32 from the August 4, 2009 order issued in Coleman v. Wilson, 2:90-cv-0520 LKK JFM P, Document No. 3641.(Duong, D)
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Filing
60
ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 08/05/11 granting 51 Motion for Protective Order. The clerk of the court is directed to provide plaintiff with the following sections of the reports: (See order sec tion #2 on page 5 for document sections). Plaintiff's 06/27/11 motion to compel 57 is renewed; discovery is reopened for the sole purpose of resolving the 6/27/11 motion. Defendants shall respond to plaintiff's 6/27/11 motion to compel within 21 days from the date of this order, plaintiff's reply shall be filed 7 days thereafter. The 9/01/11 dispositive motion deadline is extended to 12/01/11. (Plummer, M)
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Filing
58
ORDER denying 57 Motion to Compel signed by Magistrate Judge Kendall J. Newman on 06/29/11. (Plummer, M)
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Filing
46
ORDER signed by Magistrate Judge Kendall J. Newman on 05/10/11 ordering the clerk of the court is directed to issue the subpoena duces tecum provided by plaintiff on 05/02/11 and send the orginal subpoena duces tecum along with a copy of the instant order to the U.S. Marshal. No later than 05/19/11 the U.S. Marshal is directed to personally serve the subpoena duces tecum and a copy of this order upon the Custodian of Records at the California Department of Mental Health/California Medical Facil ity, 1600 California Drive, Vacaville, CA 95696-2000. Within 10 days after personal service of the subpoena duces tecum is effected, the U.S. Marshal shall file the return of service for the nonparty with the court. The clerk of the court is direct ed to serve a copy of this order and a copy of the issued subpoena duces tecum on Kathleen Dickinson, Warden, California Medical Facility, PO Box 2000, Vacaville, CA 95696-2000 and Litigation Coordinator, California Medical Facility, PO Box 2000, Vacaville, CA 95696-2000. (Plummer, M)
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Filing
44
ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/2011 ORDERING that ptlf's 43 motion is PARTIALLY GRANTED; the clerk to issue one subpoena duces tecum form to pltf; not later than 14 days, pltf to complete and return the completed subpoena form, along w/ the Notice of Submission. (Yin, K)
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Filing
42
ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 03/04/11 partially granting 41 Motion. The 12/15/10 scheduling order is revised as follows: The 04/08/11 discovery deadline is extended to 06/08/11. The 07/01/11 pretrial motions deadline is extended to 09/01/11. In all other respects, the scheduling order remains in effect. (Plummer, M)
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Filing
40
ORDER signed by Judge John A. Mendez on 1/27/11 ORDERING the findings and recommendations 33 ADOPTED IN FULL; pltf's claims against dft Marshall are DISMISSED WITHOUT PREJUDICE. (Carlos, K)
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Filing
39
ORDER signed by Magistrate Judge Kendall J. Newman on 01/25/11 granting 37 Motion. Defendants are permitted to take plaintiff's deposition remotely by videoconference. (Plummer, M)
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Filing
33
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/08/10 ORDERING service is appropriate for defendants: Cate and Knowles. Defendants' 09/16/10 motion 32 is granted. Defendants Cate and Knowles shall fi le a responsive pleading within 30 days from the date of this order. Also, RECOMMENDING that plaintiff's claims against defendant Marshall be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 21 days.(Plummer, M)
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Filing
30
ORDER signed by Magistrate Judge Kendall J. Newman on 08/23/10 ordering the 07/28/10 findings and recommendations 26 are vacated. Defendants 08/03/10 motion for clarification 27 is partially granted. Defendants 12/22/09 motion to dismiss 21 i s granted. Plaintiff's second amended complaint 7 is dismissed. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit it along with an original and one copy of the third amended complaint. (Plummer, M)
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Filing
26
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/27/10 ORDERING that the Clerk assign a district judge to this case; RECOMMENDING that 21 MOTION to DISMISS be partially granted; Plaintiffs claims for injunctive relief be dismissed; and this action proceed on plaintiffs Eighth Amendment claims. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
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Filing
20
ORDER signed by Magistrate Judge John F. Moulds on 12/8/09 ORDERING that plaintiff is granted leave to proceed on the second amended complaint, filed1/20/09; Defendants' 16 Motion to Dismiss is DENIED without prejudice; Within 20 days from the date of this order defendants shall file and serve aresponse to plaintiffs January 20, 2009 second amended complaint. (Dillon, M)
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Filing
8
ORDER signed by Magistrate Judge John F. Moulds on 01/21/09 ORDERING that the pltf's request to proceed IFP is GRANTED; pltf is obligated to pay the statutory filing fee of $350.00 in accordance with this court's order to the CDC filed concurrently herewith; service is appropriate for dfts Matthew Cate, Mike Knowles and John Marshall; the Clerk shall send pltf 3 USM-285 forms, 1 summons, an instruction sheet and a copy of the 11/21/08 amended complaint; submission of documents due within 30 days; the Clerk is directed to send a copy of the amended complaint to Michael Bien. (Manzer, C)
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