Smith v. Tucker
Plaintiff: Damen Smith
Defendant: Tucker
Case Number: 2:2009cv00993
Filed: April 13, 2009
Court: U.S. District Court for the Eastern District of California
Office: Prisoner: Civil Rights Office
County: Sacramento
Presiding Judge: Frank C. Damrell
Presiding Judge: Edmund F. Brennan
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights
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Date Filed Document Text
April 12, 2012 Opinion or Order Filing 69 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 04/11/12 recommending that this action be dismissed for failure to prosecute and for multiple failures to comply with the court's scheduling orders. It is further recommended that Jacobovitz's request to withdraw as counsel be denied as moot. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
September 23, 2011 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/22/11 ORDERING that plaintiffs counsel shall pay sanctions in the amount of $686.00 to defense counsel for the wasted appearance on May 4, 2011. See Fed. R. Civ. P. 16(f)(1 (A); E.D. Cal., Local Rule 110. Plaintiff shall show cause why he should not be sanctioned for his failure to comply with the courts June 21, 2011 order. The parties shall file dispositional documents as required by the courts June 21, 2011 order. (Dillon, M)
June 21, 2011 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2011 re 63 Notice of Settlement filed by Tucker, E. Corr ORDERING that dispositional documents are to be filed not later than 30 days from the date of this order; all hearings set in this matter, including the Pretrial Conference currently set for 6/22/2011 are VACATED. (Waggoner, D)
May 16, 2011 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/16/2011 ORDERING that defense counsel is entitled to reasonable costs for his appearance at the 5/4/11 pretrial conference; w/in 7 days, defense counsel shall file and serve a declaration detailing the costs incurred by his appearance.(Yin, K)
May 5, 2011 Opinion or Order Filing 59 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/5/2011 ORDERING pltf's counsel to Show Cause w/in 7 days, why he should not be taxed the costs for the appearance of dfts' counsel at the hearing. Additionally, the pretrial conference is HEREBY CONTINUED to June 22, 2011, at 10:00 a.m., in Courtroom No. 24. (Yin, K)
May 3, 2011 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/3/2011 IT IS SO ORDERED Although monetary sanctions on Mr. Jacobovitz and Mr. Paul for their failure to comply with 50 this court's order requiring the filing of a pretrial statement is c learly appropriate here, the court declines to impose sanctions at this time. Should either counsel violate court orders or the local or federal rules in the future, the court will not hesitate to impose sanctions; the parties' request to modify the discovery and scheduling order, as set forth in 55 their pretrial statement, is DENIED. (Reader, L)
April 12, 2011 Opinion or Order Filing 53 ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by Judge Frank C. Damrell, Jr. on 04/11/11 and ORDERING that dfts J. Ganal, W. Jenkins, Long, Alvarez and Borgus are DISMISSED w/o prejudice. (Benson, A.)
April 7, 2011 Opinion or Order Filing 52 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 04/07/11 ordering ( Final Pretrial Conference is continued to 5/4/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan.) The parties shall show cause in w riting, on or before 04/20/11 why sanctions should not be imposed for failure to follow court orders and, plaintiff shall also show why this action should not be dismissed for failure to follow court orders and/or lack of prosecution. Also by 04/20/11, the parties shall file a joint pretrial statement as required by the court's 02/15/11 order.(Plummer, M)
February 15, 2011 Opinion or Order Filing 50 ORDER DIRECTING THE FILING OF PRETRIAL STATEMENTS signed by Magistrate Judge Edmund F. Brennan on 2/15/2011 ORDERING that a final pretrial conference is set for 4/20/2011 at 11:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; the parties to file a joint pretrial statement not later than 14 days prior to the pretrial conference. (Yin, K)
July 8, 2010 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/7/10 ORDERING that the hearing on Plaintiff's MOTION to AMEND 29 is CONTINUED to 8/11/2010. Defendant shall file an opposition or a statement of non-opposition to the Motion, no later tha n 7/27/2010. Defendant's failure to file an opposition will be deemed a statement of non-opposition to the pending motion. Plaintiff may file a reply to defendant's opposition, on or before 8/4/2010. The 6/14/10 Stipulation to continue the discovery cutoff date is not approved. (Mena-Sanchez, L)
May 20, 2010 Opinion or Order Filing 28 CONSENT ORDER granting substitution of attorney signed by Magistrate Judge Edmund F. Brennan on 5/20/10. (Dillon, M)
January 5, 2010 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Edmund F. Brennan on 01/05/10 DIRECTING USM to serve complaint filed on 04/13/09, on Tucker. (cc: USM) (Plummer, M)
October 26, 2009 Opinion or Order Filing 14 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Damen Smith signed by Magistrate Judge Edmund F. Brennan on 10/26/09. CDC is to collect monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
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Plaintiff: Damen Smith
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