Passer v. Steevers et al
Plaintiff: Anthony Passer
Defendant: Steevers, Sabin, Azevedo, Coleman, Rosales, Werth, Durbin, Sue Hubbard, Mike Knowles and Liou
Case Number: 2:2008cv02792
Filed: November 20, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Solano
Presiding Judge: Dale A. Drozd
Nature of Suit: Plaintiff
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
September 1, 2015 Opinion or Order Filing 138 ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/2015 ORDERING additional expenditures authorized from plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Beth Hodess. (Crouch, J)
March 26, 2015 Opinion or Order Filing 127 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/26/15 ORDERING the Custodian to produce Anthony Passer at 9:00 am on April 9, 2015 in Courtroom 25 before Judge Kendall J. Newman. Custodian 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, copy faxed to Warden)(Dillon, M)
January 26, 2015 Opinion or Order Filing 124 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/26/15 ORDERING the Custodian to produce Anthony Passer on 02/18/15 at 9:30 am in Courtroom25 before Judge Kendall J. Newman. Custodi an 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)(Dillon, M) Modified on 1/27/2015 (Plummer, M).
January 22, 2015 Opinion or Order Filing 123 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 1/21/15 ORDERING the Custodian to produce Anthony Passer via videoconference on 2/18/15 at 9:30 a.m. in courtroom 25 before Magistrate Judge Kendall J. N ewman. Custodian 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. (cc: I.T. Dept, Sacramento)(3 certified copies mailed to the Warden, San Quentin State Prison) (Plummer, M) Modified on 1/22/2015 (Plummer, M).
December 29, 2014 Opinion or Order Filing 118 AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 12/29/14 ORDERING the Custodian to produce Anthony Passer via video conferencing at 9:30 am on 1/14/15 before Judge Kendall J. Newman. Custodian 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. (cc: IT Dept)(Dillon, M)
November 24, 2014 Opinion or Order Filing 117 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 11/24/14 ORDERING the Custodian to produce Anthony Passer at 9:30 am on 1/14/15 in Courtroom 25 before Judge Kendall J. Newman. Custodian 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)(Dillon, M)
September 25, 2014 Opinion or Order Filing 112 ORDER AND STAY OF EXPERT DISCOVERY AND PRETRIAL MOTIONS DEADLINES signed by Magistrate Judge Kendall J. Newman on 9/24/14 ORDERING that Discovery shall be phased as set forth; the 9/30/14 expert deposition deadline and the 10/10/14 pretrial motions deadline are STAYED pending further order of the court; within 10 days from the completion of percipient witness and party discovery, counsel for both parties shall contact Sujean Park, ADR and Pro Bono Director, to schedule a mandatory settlement co nference with a randomly selected settlement judge. Absent further leave of court, the mandatory settlement conference shall be scheduled within two months from the date discovery is completed; and the Clerk of the Court shall serve a copy of this order on Sujean Park. (cc: ADR). (Meuleman, A) Modified on 9/25/2014 (Meuleman, A).
September 24, 2014 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/14 ORDERING that the October 2, 2014 hearing is vacated; Plaintiffs motion 108 is granted; and the scheduling deadlines are extended, nunc pro tunc where appropriate, as follows: Defendant Discovery Cut-Off September 16, 201; Non-Expert Discovery Cut-Off September 30, 2014; Expert Disclosure Date August 31, 2014; Expert Depositions September 30, 2014; Last Hearing Date for Motions: October 10, 2014.(Dillon, M)
July 30, 2014 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Kendall J. Newman on 7/30/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Beth Hodess is GRANTED. (Crouch, J)
June 20, 2014 Opinion or Order Filing 106 ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/14 ORDERING that Plaintiffs motion for extension of time (ECF No. 105 ) is granted; The June 26, 2014 hearing before the undersigned is vacated; The non-expert discovery deadline is cont inued to August 31, 2014; The expert disclosure deadline is continued to August 31, 2014; The expert deposition deadline is continued to September 15, 2014; and all pretrial motions, except motions to compel discovery, shall be filed on or before September 25, 2014. (Dillon, M)
October 3, 2013 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/13 granting 93 Motion to Appoint Counsel. Ms. Beth H. Hodess is appointed as counsel in the above-entitled matter. (Dillon, M)
August 15, 2013 Opinion or Order Filing 90 ORDER signed by Magistrate Judge Kendall J. Newman on 8/14/13 ORDERING Plaintiff's counsel may, at any time, submit to the court any new and reliable contact information she has obtained for defendants Azevedo and/or Coleman; this information shall be set forth on the appropriate forms required by the U.S. Marshal, and submitted together with a statement to the court. 2. Counsel for defendants remain under a continuing obligation to timely inform plaintiff's counsel of any new con tact information for defendants Azevedo and/or Coleman. 3. If service of process on defendants Azevedo and/or Coleman has not been completed by 11/1/13, the court will, nevertheless, issue a Discovery and Scheduling Order, and this action will procee d without prejudice to the subsequent inclusion of one or both of these defendants. 4. The Clerk of Court is directed to serve a copy of this order on the United States Marshal. The Marshal is directed to continue attempting to complete service of process on defendants Azevedo and Coleman, with the currently available contact information, until further notice by the court. (cc: USM). (Meuleman, A)
June 14, 2013 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/2013 GRANTING plaintiff's 84 motion for judicial intervention; within 30 days, Scott Foley, Deputy AG, shall obtain the most recent contact information for defendants Azevedo, Colem an and Alchek, provide all new information in writing to plaintiff's counsel and file a statement with the court; within 30 days, Mark Harris, shall also obtain from his client the most recent contact information for defendants Azevedo, Coleman and Alchek, provide all new information in writing to plaintiff's counsel, and file a statement with court; within 45 days, plaintiff, through counsel, shall submit all pertinent information necessary to complete service of process on defendants Azevedo, Coleman and Alcheck, which the court will forward to the USM; if service of process on defendants Azevedo, Coleman or Alchek has not been completed by 11/1/2013, the court will, nevertheless, issue a Discovery and Scheduling Order, and th is action will proceed without prejudice to the subsequent inclusion of one or more of these defendants; the Clerk shall serve a copy of this order on the USM, the Marshal shall continue attempting to complete service of process on defendants Azevedo, Coleman and Alcheck, with currently available contact information, until further notice by the court. (See Order for Details) (cc: USM) (Yin, K)
May 6, 2013 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Kendall J. Newman on 05/03/13 ordering the clerk of the court shall send plaintiff 1 USM-285 form, instruction sheet and a copy of the 11/12/10 second amended complaint to be completed and returned within 30 days. (Plummer, M)(Copy of this order, instruction sheet, 1 blank USM-285 form and a copy of the 11/12/10 second amended complaint sent to attorney for plaintiff by mail) Modified on 5/6/2013 (Plummer, M).
December 18, 2012 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Kendall J. Newman on 12/17/12 granting 73 Motion to Intervene. Within 30 days after the filing date of this order, Mr. Scott Foley, Deputy Attorney General, is directed to obtain, through any reasonable means or s ources, including defendant Rosales and/or officials with the California Department of Corrections and Rehabilitation, the first names of defendants Coleman and Azevedo, and shall then provide such information to plaintiff's counsel. The first initials of defendants Coleman and Azevedo shall be provided only if their first names cannot be determined with reasonable effort. In addition, Mr. Foley shall, to the extent possible, obtain and provide to plaintiff's counsel any current info rmation about these defendants that may be helpful to the United States Marshal in effecting service of process upon them. Also within 30 days after the filing date of this order, Mr. Foley shall file a statement with the court indicating whether the subject information was duly obtained and timely provided to plaintiff's counsel.. (Plummer, M)
October 18, 2012 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/12 ORDERING that the Clerk of the Court is directed to send plaintiff three USM-285 forms, along with an instruction sheet and a copy of the Second Amended Complaint 41 ; Within sixty days from the filing date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents: One completed USM-285 form for each defendant (Alchek, Coleman and Azevedo); Four copies of the endorsed Second Amended Complaint filed November 12, 2010 (Dkt. No. 41 ); and One completed summons form (if not previously provided) or show good cause why plaintiff cannot provide such information.(Dillon, M)
March 28, 2012 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kendall J. Newman on 03/27/12 ordering this action shall proceed on plaintiff's second amended complaint filed 11/12/10 41 , on plaintiff's Eighth Amendment claims against defendants Burt, Sabin, Alchek, St eevers, Mehta, Coleman, Rosales, Azevedo and Doe 1. This court's prior order dismissing defendant Steevers from this action 25 is vacated. The Attorney General, in cooperation with the California Department of Corrections and Rehabilitation, is directed to submit, within 21 days after the filing date of this order, and under seal if necessary, the address of Dr. Steevers for purposes of service of process. The Attorney General shall submit withhin 21 days after the filing date of this order, if ascertainable in cooperation with the California Department of Corrections and Rehabilitation, the identity of the correctional officer (designated Doe 1 herein) who allegedly opposed plaintiff's assignment to a low bunk at an Interdisciplinary Treatment Team meeting convened between January and March 2006. If the Attorney General is unable to provide the information identified above, she shall so inform the court within 21 days after the filing date of this order. (Plummer, M)
September 22, 2010 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Kendall J. Newman on 9/21/10 denying without prejudice 34 Motion to Compel; denying without prejudice 35 Motion to Appoint Counsel. (Dillon, M)
September 14, 2010 Opinion or Order Filing 33 ORDER signed by Judge Morrison C. England, Jr on 9/13/10 ORDERING that the 32 Findings and Recommendations are ADOPTED in full; deft's 16 Motion to Dismiss is DENIED ; pltf's 22 Motion to File Second Amended Complaint is GRANTED in part. Pltf's proposed amended complaint is disregarded and pltf is granted 30 days to file a Second Amended Complaint. Should pltf fail to file an amended complaint, the curently operative 7 Amended Complaint shall remain in effect. (Owen, K)
August 10, 2010 Opinion or Order Filing 32 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/6/10 ORDERING that Clerk is directed to randomly assign a district judge to this action; RECOMMENDING that 16 MOTION to DISMISS be denied, 22 MOTION to AMEND be granted in part; Plaintiffs proposed amended complaint 22 should be disregarded; Plaintiff should be permitted thirty days after service of the district judges order adopting these findings and recommendations to file a Second Amended Complaint. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
December 15, 2009 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Dale A. Drozd on 12/15/09 GRANTING 24 Motion to Dismiss; Defendant Steevers terminated.(Dillon, M)
October 1, 2009 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Dale A. Drozd on 9/30/09 ORDERING the clerk to send pltf forms for service of dft Steevers to be completed and returned w/in 30 days along w/ the Notice of Submission. In the alternative, pltf may file a request to voluntarily dismiss dft Steevers from this action. (Yin, K)
April 7, 2009 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Dale A. Drozd on 4/6/2009 ORDERING that service is appropriate for dfts Burt, Sabin and Steevers; the clerk shall send pltf three USM-285 forms, one summons, an instruction sheet, and a copy of the amended complaint filed 1/7/09; submission of documents due within 30 days. (Gaydosh, J)
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Plaintiff: Anthony Passer
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Defendant: Steevers
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Defendant: Sabin
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Defendant: Azevedo
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Defendant: Coleman
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Defendant: Rosales
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Defendant: Werth
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Defendant: Durbin
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Defendant: Sue Hubbard
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Defendant: Mike Knowles
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Defendant: Liou
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