Gorton v. Todd et al
Plaintiff: Charles Robert Gorton
Defendant: Todd, Houser, Kelly Martinez, Hawkins, C. J. Smith, Nale, B. Williams, U.C. Davis Medical Center, H. Rad, A.I. Chin, A. Pappoe, B.R. Don, Doctor's Hospital and Kahn
Case Number: 2:2008cv03069
Filed: December 18, 2008
Court: US District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Sacramento
Presiding Judge: Lawrence K. Karlton
Presiding Judge: Gregory G. Hollows
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
April 15, 2013 Opinion or Order Filing 234 ORDER signed by Judge Lawrence K. Karlton on 4/12/13 ORDERING that the court exercises its discretion to decline to tax costs in favor of Defendants in this case. (Kastilahn, A)
February 1, 2013 Opinion or Order Filing 188 ORDER signed by Judge Lawrence K. Karlton on 1/31/13 APPROVING 186 Third Request For Authority to Incur Costs and Request for Payment filed by Charles Robert Gorton. (Meuleman, A)
January 16, 2013 Opinion or Order Filing 178 ORDER signed by Judge Lawrence K. Karlton on 1/15/2013 DENYING Defendants' 164 Objection requesting a separate trial of punitive damages; APPROVING Plaintiff's 165 Corrections to the Pretrial Order; OVERRULING, without prejudice to rene w at trial, Defendants' 167 Objections to the exhibits offered by the Plaintiff; OVERRULING Defendants' 168 Objection seeking qualified immunity from suit; OVERRULING, without prejudice to renew at trial, Plaintiff's 169 Objection to Defendants' trial exhibit 5D. (Michel, G)
January 9, 2013 Opinion or Order Filing 176 ORDER signed by Judge Garland E. Burrell, Jr. on 1/8/2013. The Settlement Conference Hearing set for 1/11/2013 is VACATED. (Marciel, M)
January 4, 2013 Opinion or Order Filing 170 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Judge Lawrence K. Karlton on 1/03/13. Ordering the Custodian of California Institution for Men to temporarily transfer Charles Robert Gorton to Mule Creek State Prison. The Warden of Mule Creek State Prison subsequently shall produce Charles Robert Gorton at 2/20/13 at 10:30 a.m. in courtroom 4 before Judge Lawrence K. Karlton. 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)(3 certified copies sent to the Warden at California Institution for Men and 3 certified copies sent to the Warden of Mule Creek State Prison)(Plummer, M) Modified on 1/4/2013 (Plummer, M). Modified on 1/4/2013 (Plummer, M).
October 25, 2012 Opinion or Order Filing 156 ORDER signed by Judge Lawrence K. Karlton on 10/23/2012 DENYING 155 Joint Stipulation to modify the 129 Scheduling Order. (Michel, G)
August 9, 2012 Opinion or Order Filing 153 ORDER signed by Judge Lawrence K. Karlton on 8/8/2012 DENYING 140 Motion for Summary Judgment. (Zignago, K.)
August 1, 2012 Opinion or Order Filing 151 ORDER signed by Judge Lawrence K. Karlton on 8/1/2012 ORDERING Plaintiffs claims against defendants Kelly Martinez, R.N., Boru Nale, M.D., Karen Todd, P.A., B. Williams, M.D.,and Christopher Smith, M.D. are hereby dismissed with prejudice in accordance with the terms of the Stipulation.(Waggoner, D)
July 9, 2012 Opinion or Order Filing 141 ORDER signed by Judge Lawrence K. Karlton on 7/9/2012 GRANTING 139 Stipulated Dismissal of U.C. Davis defendants; DISMISSING, with prejudice, Plaintiff's claims against Defendants Hanieh Rad, Andrew Chin, Burl Don, Akhenaton Pappoe, and Frazier Stevenson. (Michel, G)
May 22, 2012 Opinion or Order Filing 135 ORDER signed by Judge Lawrence K. Karlton on 5/21/12 GRANTING 134 Motion for Authority to Incur Costs and Request for Payment. (Meuleman, A)
August 30, 2011 Opinion or Order Filing 122 ORDER signed by Judge Lawrence K. Karlton on 8/30/11 GRANTING 121 Request to Seal documents. (Matson, R)
August 18, 2011 Opinion or Order Filing 119 ORDER vacating 100 Motion for the return of the medical records signed by Magistrate Judge Gregory G. Hollows on 8/17/11. (Kaminski, H)
June 29, 2011 Opinion or Order Filing 117 ORDER TO BE PUBLISHED signed by Senior Judge Lawrence K. Karlton on 6/29/11, ORDERING that the court finds that 69 the Magistrate Judge's order denying plaintiff's request for appointment of an expert witness under Rule 706 was clearly er roneous. Plaintiff shall submit an ex parte request to incur costs and request for payment of expert witness fees pursuant to General Order No. 230 within 60 days of the issuance of this order. Plaintiff may file the request under seal. The court n o longer refers this case to the Magistrate Judge. All future non-discovery motions shall be filed before this court. All previously scheduled dates are VACATED, and a Scheduling Conference is hereby SET for 9/19/2011 at 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties shall file status reports 14 days prior to the conference. (Kastilahn, A)
January 12, 2011 Opinion or Order Filing 110 ORDER signed by Senior Judge Lawrence K. Karlton on 1/11/11, ORDERING that counsel for dfts Rad, Chin, Pappoe, Stevenson, and Don SHALL provide pltf's counsel all discovery NO LATER than 30 days from the issuance of this Order. Pltf SHALL file a motion on whether the denial of pltf's request for an expert witness offends his constitutional rights NO LATER than 60 days thereafter. Dfts SHALL respond to the motion NO LATER than 30 days thereafter. Pltf MAY file a reply 20 days thereafter. The motion SHALL be heard on June 20, 2011 at 10:00 a.m.(Kastilahn, A)
November 3, 2010 Opinion or Order Filing 105 ORDER signed by Senior Judge Lawrence K. Karlton on 11/2/2010 re 99 ORDERING that Nicholas Short and Dean Morehous are appointed as attorneys for plaintiff pursuant to General Order No. 230. All contemplated costs shall be handled as described in General Order 230. A status conference shall be held on January 10, 2011 at 10:30 a.m. All parties shall file status reports fourteen (14) days prior to the status conference. (cc C. Gorton) (Duong, D) Modified on 11/3/2010 (Duong, D).
October 7, 2010 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/07/10 vacating 84 , 85 , 86 , 87 , 88 , 89 , 93 Motions to Compel. Plaintiff's motions 94 , 99 are vacated. (Plummer, M)
September 29, 2010 Opinion or Order Filing 97 ORDER signed by Senior Judge Lawrence K. Karlton on 9/29/2010 ORDERING 49 dfts' Motion for Summary Judgment is DENIED without prejudice and, thus, the court DECLINES 75 to adopt the F & R's. The Court will notify the parties whether it has found counsel to represent pltf in this matter 94 , at which time the magistrate judge shall set deadlines by which dfts may move again for summary judgment and, if necessary, to reopen discovery. (Reader, L)
August 11, 2010 Opinion or Order Filing 83 ORDER signed by Senior Judge Lawrence K. Karlton on 8/10/10, ORDERING that the Clerk shall serve this order upon Carter Capps White, King Hall Civil Rights Clinic, UC Davis School of Law. The King Hall Civil Rights Clinic should inform the court within 30 days of the issuance of this order as to whether it will accept limited representation of pltf. Upon notice from the King Hall Civil Rights Clinic, the court will set a briefing schedule for the issue described in the order. (Kastilahn, A)
July 20, 2010 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/20/10 ORDERING that plaintiffs 80 and 81 motions to compel are denied. Plaintiffs 77 motion for subpoenas is granted; Clerk of the Court is directed to issue the subpoenas duces tecum and forward them to the United States Marshal; The United States Marshal is directed to promptly effect service of plaintiffs subpoenas.(Dillon, M)
June 8, 2010 Opinion or Order Filing 75 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/7/2010 RECOMMENDING that the 49 motion for summary judgment be granted and dfts Rad, Chin, Pappoe, Stevenson and Don be dismissed from this action; and pltf's state law claims be dismissed w/out prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 14 days. (Yin, K)
May 21, 2010 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/21/2010 ORDERING that the 71 motion for summary judgment is VACATED and dfts will be provided an opportunity to re-notice the motion at a later date; the 72 motion to stay is VACATED; pltf and dfts Todd, Martinez, Naseer, Hawkins, Smith, Nale and Williams may conduct discovery until 8/18/2010; pltf's 73 motion for an extension to file a reply to the summary judgment is DENIED. (Yin, K)
January 21, 2010 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/21/10 ORDERING that plaintiff's 52 request for an extension of time is DENIED as unnecessary; Plaintiff may file a supplemental motion based on the supplemental responsesto his discovery requests within 28 days; Plaintiffs motions for appointment of a medical expert 53 and 61 are DENIED. (Dillon, M)
January 14, 2010 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Gregory G. Hollows on 01/14/10 granting 58 Motion to Compel as to interrogatory no. 19 addressed to defendant Chin; within 14 days, defendants shall provide a further response; within 14 days defendants are also ordered to provide additional information, as discussed above regarding interrogatory no. 2 addressed to defendant Stevenson; the motion to compel in denied in all other respects. (Plummer, M)
December 9, 2009 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/9/09 ORDERING that plaintiffs 36 motion to compel is DENIED as resolved; Plaintiffs motion to vacate 44 is DENIED as unnecessary; Plaintiffs motions for extension of time 46 and 48 are GRANTED; plaintiff is granted 28 days from the date of this order to file an opposition to defendants amended summary judgment motion; The 11/17/09, order is clarified as discussed in this order. (Dillon, M)
November 17, 2009 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/17/09 denying 31 Motion to Stay; denying 37 Motion for Extension of time. Plaintiff is granted 28 days from the date of this order to file any additional motions to compel against defenda nts Chin, Pappoe, Stevenson, Burl and Don. Plaintiff is granted 28 days from the date of this order to serve defendant Rad with additional discovery requests. Defendant Rad's responses to any discovery requests are due 21 days thereafter. Any motions to compel are due within 84 days from the date of this order. No requests for extension of time regarding discovery will be granted to either party. The dispositive motion filing date of 01/15/10 is vacated and reset for 04/30/10. (Plummer, M)
September 14, 2009 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/14/09 DENYING 29 Motion ; DENYING 30 Motion to Appoint Counsel. (Dillon, M)
August 4, 2009 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/3/09 ORDERING that pltf and dft Rad may conduct Discovery on eachother until 11/6/2009; All Pretrial Motions re pltf's claims against Rad, except motions to compel discover, to be filed on or before 1/15/2010; Pretrial Conference and Trial dates will be set, as appropriate. (Yin, K)
January 26, 2009 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/26/09 ORDERING that pltf's 2 request to proceed ifp is GRANTED; pltf to pay the $350 filing fee in accordance w/ the CDC order; pltf's claims against all dfts but for Hawkins, Smith, Nale, Williams, Rad, Chin, Pappoe and Don are DISMISSED w/ leave to file an ameneded cmplt w/in 30 days; upon filing an amended cmplt or expiration of the time allowed therefor, the court will make further orders for service upon some or all of the dfts. (Yin, K)
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Search for this case: Gorton v. Todd et al
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Plaintiff: Charles Robert Gorton
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Defendant: Todd
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Defendant: Houser
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Defendant: Kelly Martinez
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Defendant: Hawkins
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Defendant: C. J. Smith
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Defendant: Nale
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Defendant: B. Williams
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Defendant: U.C. Davis Medical Center
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Defendant: H. Rad
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Defendant: A.I. Chin
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Defendant: A. Pappoe
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Defendant: B.R. Don
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Defendant: Doctor's Hospital
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Defendant: Kahn
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