Pouncil v. Tilton, et al
| Madero Pouncil |
| James Tilton, D. Foston and M. Martel |
| 2:2009cv01169 |
| April 29, 2009 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Craig M. Kellison |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
100
ORDER signed by Magistrate Judge Craig M. Kellison on 8/24/2015 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Alan Reinach is GRANTED. (Crouch, J)
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Filing
97
ORDER signed by Judge John A. Mendez on 5/4/2015 GRANTING 88 Defendant's motion to dismiss; and the Clerk is directed to close the case. CASE CLOSED(Reader, L)
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91
STIPULATION and ORDER signed by Judge John A. Mendez on 2/26/15 re: 90 RESETTING the hearing on 88 MOTION to DISMISS. Motion Hearing RESET for 4/22/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. If necessary, the parties& #039; dispositive motions will come due sixty days after the Court's ruling on Defendant's motion to dismiss. Hearing on any such motions will be reset and calendared in an order to follow. The final pretrial conference and trial will likewise be reset by separate order, if necessary.(Meuleman, A)
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Filing
87
STIPULATION and ORDER signed by Judge John A. Mendez on 1/21/15 GRANTING 86 . Dispositive motions are now due on or before 2/13/15. Hearing on any such motions shall be noticed for hearing on 3/25/15 at 9:30 a.m. in Courtroom #6. (Meuleman, A)
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85
ORDER signed by Magistrate Judge Craig M. Kellison on 10/17/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Alan J. Reinach is GRANTED. (Crouch, J)
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84
STIPULATION and ORDER signed by Judge John A. Mendez on 9/23/14 extending time for plaintiff to file expert witness report to 10/3/14. (Manzer, C)
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Filing
78
ORDER signed by Judge Lawrence K. Karlton on 4/22/14 GRANTING IN PART AND DENYING IN PART 74 Motion to Dismiss. 74 Motion to Dismiss is DENIED as to plaintiff's first cause of action and GRANTED as to plaintiff's second cause of action; and within 10 days from the date of this order, defendant shall file and serve an answer to the first cause of action in plaintiff's 71 First Amended Complaint. (Meuleman, A)
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Filing
77
ORDER signed by Judge Lawrence K. Karlton on 4/18/2014 ORDERING defendant's 74 Motion to Dismiss is SUBMITTED on the papers; hearing set for 4/21/2014 is VACATED. (Waggoner, D)
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Filing
70
ORDER signed by Judge Lawrence K. Karlton on 1/21/14 ORDERING that the hearing set for 1/31/14 is vacated; Plaintiff's 12/27/13 motion to amend 64 is GRANTED; Within five days from the date this order is docketed, plaintiff shall file a non-redlined version of the First Amended Complaint attached as an exhibit to his motion to amend; Defendants shall respond to the first amended complaint within fourteen days thereafter; the status conference set for 2/3/14 is confirmed. (Becknal, R)
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Filing
63
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 12/10/13: The Stipulation to Extend Plaintiff's time to file a motion to amend his complaint is hereby granted. Plaintiff's Motion to Amend shall be filed on or before December 27, 2013. (Kaminski, H)
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Filing
61
ORDER signed by Judge Lawrence K. Karlton on 11/6/13 ORDERING that Defendant's REQUEST for Clarification of the claims raised in the original complaint and for leave to file a second Motion to dismiss that complaint 41 is DENIED without prejud ice. Defendant's MOTION for an Extension of time to respond to the original Complaint 43 is DENIED without prejudice to Defendant's right to respond to the operative complaint within the time set in the Court's scheduling order. Plai ntiff's 3/21/13 MOTION for Preliminary Injunction 44 is DENIED without prejudice. Within twenty-one (21) days of docketing of this order, Plaintiff is DIRECTED to file either a joint stipulation with defendant permitting him to amend his compl aint, or a Motion to Amend the complaint. The Status Conference currently set for 11/12/13 at 3:00 p.m. is CONTINUED to 2/3/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The parties are DIRECTED to file updated Status Reports no later than 1/21/14. (Mena-Sanchez, L)
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Filing
55
ORDER signed by Judge Lawrence K. Karlton on 9/30/13 ORDERING a further Status Conference for 11/12/2013 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The parties shall file updated status reports no later than 10/29/13. (Meuleman, A)
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Filing
51
STIPULATION and ORDER 50 signed by Judge Lawrence K. Karlton on 6/28/13 ORDERING the Status Conference CONTINUED to 9/30/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kastilahn, A)
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Filing
49
STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on May 9, 2013 re 48 . The Scheduling Conference set for 06/24/2013 is CONTINUED TO 7/8/2013 at 02:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Rivas, A)
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Filing
46
ORDER signed by Judge Lawrence K. Karlton on 4/25/13 APPOINTING Attorney Alan J Reinach for Madero Pouncil. The Clerk of the Court is DIRECTED to designate Alan J. Reinach as plaintiff's attorney of record in the court's CM/ECF system. Status Conference SET for 6/24/2013 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. An order will issue that describes, among other things, the contents of the parties' status reports, which are to be filed at least 14 days preceding the conference. Plaintiff shall appear at the conference solely through counsel. The Clerk of the Court is DIRECTED to serve a copy of this order to Alan J. Reinach and to plaintiff. (Meuleman, A)
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Filing
45
ORDER signed by Judge Lawrence K. Karlton on 4/1/13 ORDERING that the court DECLINES to adopt the findings and recommendations filed 2/21/13 39 ; Plaintiff's motion for appointment of counsel 42 is GRANTED. The Clerk of the Court, with the a ssistance of attorney Sujean Park, is DIRECTED to locate an attorney, admitted to practice in this court, who is willing to accept this appointment; The Clerk of the Court is also DIRECTED to substitute Jeffrey Beard, the current Secretary of the Ca lifornia Department of Corrections and Rehabilitation, for Matthew Cate, the Department's former Secretary, as a defendant herein; The referral of discovery to the Magistrate Judge remains in effect. The parties are DIRECTED to henceforth set a ll other law and motion practice for hearing before theundersigned; This matter and all pending motions are STAYED pending the appointment of plaintiffs counsel. Thereafter, the court will issue an order setting a status conference herein. (Becknal, R)
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Filing
39
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 2/20/2013 RECOMMENDING that plaintiff's 12 motion for injunctive relief be denied. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
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Filing
35
ORDER signed by Magistrate Judge Craig M. Kellison on 9/13/10 granting 34 Motion to Stay. This matter shall remain stayed until a Mandate is issued by the U.S. Court of Appeals for the Ninth Circuit in Pouncil v. Tilton, case number 10-16881.(Dillon, M)
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Filing
32
ORDER signed by Senior Judge Lawrence K. Karlton on 6/9/10. The Court CERTIFIES for interlocutory appeal the question of whether Plaintiff's claims are barred by the statute of limitations to the Ninth Circuit Court of appeals.(Mena-Sanchez, L)
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Filing
29
ORDER signed by Senior Judge Lawrence K. Karlton on 4/19/10 ORDERING dfts' motion for the court to certify the 3/31/10 order for interlocutory appeal 29 DENIED as to all questions except for whether pltf's claims are barred under the stat ute of limitations; pltf is GRANTED 45 days from the issuance of this order to file an opposition to dft's motion for interlocutory appeal as to the question of whether pltf's claims are barred under the status of limitations. (Carlos, K) Modified on 4/19/2010 (Carlos, K).
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Filing
27
ORDER signed by Senior Judge Lawrence K. Karlton on 3/30/10. The Court declines to adopt the Findings and Recommendations 25 . Defendants' MOTION to DISMISS 18 is DENIED as to Defendant Cate, who the court properly substitutes for named defendant Tilton; The Motion to dismiss, however, is GRANTED as to defendant Foston. (Mena-Sanchez, L)
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Filing
25
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 02/18/10 recommending that defendants' request for judicial notice 21 be granted. Defendants' motion to dismiss 18 be granted. All other pending motions be denied as moot. The clerk of the court be directed to enter judgment and close this file. MOTION for judicial notice 21 and MOTION to DISMISS 18 referred to Judge Lawrence K. Karlton. Objections due within 15 days. (Plummer, M)
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Filing
24
ORDER signed by Magistrate Judge Craig M. Kellison on 2/10/10 ORDERING that the Clerk of the Court is directed to randomly assign a District Judge to this case and to update the docket to reflect the new case number. U.S. District Judge Lawrence K. Karlton assigned. The new case number is 2:09-cv-1169 LKK CMK.(Dillon, M)
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