Lopez v. Schwarzenneger
Plaintiff: Andrew Rick Lopez
Defendant: Arnold Schwarzenneger
Case Number: 2:2009cv01760
Filed: June 25, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Gregory G. Hollows
Nature of Suit: None
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 18, 2017 Opinion or Order Filing 324 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/17/2017 ORDERING this action is dismissed with prejudice, and the Clerk of the Court is directed to close this case. CASE CLOSED (Washington, S)
June 28, 2017 Opinion or Order Filing 319 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 06/28/17 ordering the Custodian to produce Andrew R. Lopez on 8/11/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Cus todian 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: KJN and OTCD)(3 certified copies sent to the Warden, Pelican Bay State Prison)(Plummer, M) Modified on 6/28/2017 (Plummer, M).
April 14, 2017 Opinion or Order Filing 314 ORDER signed by Magistrate Judge Allison Claire on 04/14/17 ordering plaintiff's request to seal the subject documents designated Exhibit A and Exhibit B, 214 is granted. The Clerk of Court is directed to file under seal the above-identified exhibits and to designate on the docket SEALING EVENT: Confidential Memoranda (for Court Use Only). These documents, which were electronically submitted to the court, shall be filed and maintained under seal during the pendency of this litigation and thereafter, ad infinitum, absent further order of this court or any higher court having jurisdiction over this case. See Local Rule141(f).(Plummer, M) Modified on 4/14/2017 (Plummer, M).
March 31, 2017 Opinion or Order Filing 313 ORDER signed by Magistrate Judge Allison Claire on 3/30/2017 ORDERING, within 10 days, plaintiff's counsel shall email to Valerie Callen, Courtroom Deputy, the following: (1) a PDF copy of the proposed confidential materials and, (2) a propos ed order granting the sealing request prepared for the undersigned's signature. In the absence of any statement to the contrary filed and served within the time period given the court will abide by defendants' prior statement of non-op position to the sealing of plaintiff's proposed confidential materials. If the parties are aware of any other outstanding matters in this case, other than the pending motions for summary judgment, they shall, within 10 days, file and serve a statement so informing the court. (Yin, K)
March 21, 2017 Opinion or Order Filing 312 ORDER signed by Magistrate Judge Allison Claire on 03/20/17 ordering that a hearing on the parties cross-motions for summary judgment 293 , 284 shall be held before the undersigned U.S. Magistrate Judge on Wednesday, 05/31/17 at 10:00 a.m. in courtroom 26. (Plummer, M)
February 15, 2017 Opinion or Order Filing 310 AMENDED ORDER signed by Magistrate Judge Allison Claire on 02/15/17 ordering that, within thirty days after the filing date of this order, each counsel shall submit to the court courtesy copies of their respective briefs and supporting exhibits (exc luding any matter that is sealed); such copies shall reflect the file-endorsed docket numbers and electronic pagination of each filing. The courtesy copies shall be directed to the chambers of the undersigned United States Magistrate Judge. Addition ally, counsel shall, within thirty days after the filing date of this order, confer and file a joint statement that informs the court of all black out dates through September 1, 2017, when either counsel is unavailable to participate in a Wednesday morning hearing before this court. Following the courts review of the parties briefing and dates, the court will set oral argument on these matters. (Plummer, M) Modified on 2/15/2017 (Plummer, M).
February 7, 2017 Opinion or Order Filing 307 ORDER signed by Magistrate Judge Allison Claire on 2/06/17 ordering that defendants' reply in support of their cross-motion for summary judgment shall be due on 2/13/17. (Plummer, M)
January 24, 2017 Opinion or Order Filing 304 ORDER signed by Magistrate Judge Allison Claire on 1/23/17 ordering the defendants' reply in support of their cross-motion for summary judgment shall be due on 2/06/17. (Plummer, M)
December 13, 2016 Opinion or Order Filing 299 ORDER signed by Magistrate Judge Allison Claire on 12/12/16 granting 296 request to seal. The Clerk of Court is directed to file under seal the above-identified documents and designate on the docket "SEALING EVENT: Confidential Memoranda (for Court Use Only)." These documents which were electronically submitted to the court shall remain filed under seal during the pendency of this litigation and thereafter, ad infinitum, absent further order of this court. (Plummer, M)
November 29, 2016 Opinion or Order Filing 292 ORDER signed by Magistrate Judge Allison Claire on 11/28/16 ORDERING that 291 Motion for leave to file an oversized brief is GRANTED, subject to the limitations set forth in the motion. (Dillon, M)
November 8, 2016 Opinion or Order Filing 290 ORDER to CONTINUE BRIEFING SCHEDULE signed by Magistrate Judge Allison Claire on 11/07/16 ordering that defendants' combined opposition to plaintiff's motion for summary judgment and cross-motion for summary judgment shall be due on 12/05/ 16. The plaintiff's combined reply and opposition to the defendants' cross-motion for summary judgment shall be due on 1/09/17. And the defendants' reply in support of their cross-motion for summary judgment shall be due on 1/23/17. (Plummer, M)
September 13, 2016 Opinion or Order Filing 283 ORDER signed by Magistrate Judge Allison Claire on 09/13/16 ordering plaintiffs motion for summary judgment shall be due on September 19, 2016. Defendants combined opposition and cross-motion for summary judgment shall be due on November 7, 2016. Pla intiffs combined reply and opposition to defendants' cross-motion forsummary judgment shall be filed on November 28, 2016. Defendants reply in support of their cross-motion for summary judgment shall be due on December 5, 2016. Plaintiffs motion for leave to file an oversized opening brief, 282 , is GRANTED, subject to the limitations set forth in the motion. (Plummer, M) Modified on 9/13/2016 (Plummer, M).
August 25, 2016 Opinion or Order Filing 279 ORDER signed by Magistrate Judge Allison Claire on 08/24/16 ordering plaintiff shall file his motion for summary judgment on or before Monday, September 12,2016. Defendants shall file their combined opposition and cross-motion for summary judgmenton or before Monday, October 10, 2016. Plaintiff shall file his combined reply and opposition to defendants cross-motion for summary judgment on or before Monday, October 31, 2016. Defendants shall file their reply in support of their cross-motion for summary judgment on or before Monday, November 7, 2016. (Plummer, M) Modified on 8/25/2016 (Plummer, M).
July 28, 2016 Opinion or Order Filing 262 ORDER signed by Magistrate Judge Allison Claire on 07/27/16 ordering plaintiff shall file his motion for summary judgment on or before Monday, August 29,2016. Defendants shall file their combined opposition and cross-motion for summary judgment on o r before Monday, September 26, 2016. Plaintiff shall file his combined reply and opposition to defendants cross-motion for summary judgment on or before Monday, October 17, 2016.Defendants shall file their reply in support of their cross-motion for summary judgment on or before Monday, October 24, 2016. (Plummer, M) Modified on 7/28/2016 (Plummer, M).
May 11, 2016 Opinion or Order Filing 231 ORDER signed by Magistrate Judge Allison Claire on 5/11/16 ORDERING that the parties' previously-filed motions for summary judgment, see ECF Nos. 208 , 211 and 212 , shall remain non-operative pursuant to the courts prior order dismissin g each motion without prejudice, see ECF No. 225 . Plaintiff shall file his motion for summary judgment on or before July 29, 2016. Defendants shall file their combined opposition and cross-motion for summary judgment on or before August 26, 201 6. Plaintiff shall file his combined reply and opposition to defendants' cross-motion for summary judgment on or before September 16, 2016. Defendants shall file their reply in support of their cross-motion for summary judgment on or before September 23, 2016. The court will further schedule this case, if necessary, following resolution of the parties' motions for summary judgment.(Dillon, M)
March 29, 2016 Opinion or Order Filing 229 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 03/28/16 ordering the parties request to postpone the filing of a joint statement in accordance with this court's order of 03/17/15 declaring their ability to go forward and any matter related to further proceedings in this case, pending the 04/01/16, filing of plaintiff's motion for orders regarding provision of his legal materials remedying his medical issue, and having a more adequate consultation with his attorney regarding the status of this case is hereby granted. Further, it is hereby ordered that the Office of the California Attorney General shall promptly cooperate with plaintiff's counsel and the Litigation Coordinator at Pelican Bay State Prison t o attempt to obtain plaintiff's access to his legal materials and to address plaintiff's medication problem without need for a motion filed in this court. Additionally, on or before Friday, 05/06/16, the parties shall file their joint statement in accordance with this Court's order filed 03/17/15 225 , unless a joint request for extension of time is timely submitted and demonstrates good cause for further delay. (Plummer, M)
February 23, 2016 Opinion or Order Filing 227 ORDER signed by Magistrate Judge Allison Claire on 02/23/16 ordering that the parties shall have until 3/28/16 to file a joint statement in accordance with this court's order filed 3/17/15. (Plummer, M)
March 17, 2015 Opinion or Order Filing 225 ORDER signed by Magistrate Judge Allison Claire on 03/16/15 ordering that the remaining briefing on the cross-motions for summary judgment pending before this court is stayed, and the hearing on those motions, currently set for 04/15/15, is vacated u ntil final resolution of Lopez v. Cook, 2:03-cv-1605 KJM DAD P, and further notice of this court. The pending motions in the instant action, 208 , 211 and 212 are each dismissed without prejudice to their renewal upon proper notice by each of the respective moving parties. Within 30 days after final resolution of Lopez v. Cook, 2:03-cv-1605 KJM DAD P, the parties shall file a joint statement informing the court that they are ready to proceed in the instant action. (Plummer, M)
February 18, 2015 Opinion or Order Filing 223 ORDER signed by Magistrate Judge Allison Claire on 2/17/2015 and stipulated between the parties to EXTEND the parties' respective oppositions to the 208 , 211 , 212 motions for summary judgment to 4/1/2015; and the parties' respective reply briefs to 4/8/2015; the hearing on these matters is CONTINUED to 4/15/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Yin, K)
February 4, 2015 Opinion or Order Filing 221 ORDER signed by Magistrate Judge Allison Claire on 02/03/15 granting 219 Motion for leave to file an oversized brief. Plaintiff's motion filed 1/29/15 212 is deemed properly filed. (Plummer, M)
January 14, 2015 Opinion or Order Filing 207 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 01/13/14 ordering that any dispositive motions are to be filed on or before 1/29/15. (Plummer, M)
November 5, 2014 Opinion or Order Filing 205 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 11/05/14 ordering ( Dispositive Motions deadline continued to 1/15/2015.) No further extensions. (Plummer, M) Modified on 11/5/2014 (Plummer, M).
September 26, 2014 Opinion or Order Filing 203 ORDER signed by Magistrate Judge Allison Claire on 09/26/14 ordering ( Dispositive Motions deadline re-set for 11/6/2014). Given the age of this case, any requests for extension of time will be disfavored. (Plummer, M)
March 14, 2014 Opinion or Order Filing 202 ORDER signed by Judge Kimberly J. Mueller on 3/14/2014 ORDERING Plaintiff's [ 351 ] motion to consolidate in Lopez v. Cook, 2:03-CV-1605 KJM DAD, is DENIED without prejudice; the Clerk of the Court is directed to file a copy of this order in Lopez v. Schwarzenegger, 2:09-CV-1760 MCE AC; and a status conference is set for 4/17/2014 at 02:30 PM in Lopez v. Cook, 2:03-CV-1605 KJM DAD. (Reader, L)
January 9, 2014 Opinion or Order Filing 198 ORDER signed by Magistrate Judge Allison Claire on 1/8/14 ORDERING that plaintiffs motion for a stay of proceedings in the instant matter, ECF No. 197 , construed as a motion to vacate the January 22, 2014 dispositive motion deadline pending resolution of the motion for consolidation before Judge Drozd, is granted. The dispositive motion deadline in the instant case will be re-set if, and as soon as, appropriate.(Dillon, M)
October 29, 2013 Opinion or Order Filing 194 ORDER signed by Magistrate Judge Allison Claire on 10/28/13 ordering that the dispositive motion deadline is hereby re-set for 1/22/14. In light of the age of this case, the court will not look with favor upon further requests for an extension of time. (Plummer, M)
July 19, 2013 Opinion or Order Filing 185 ORDER Regarding 184 Stipulated Request to Reschedule Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 7/19/2013. Settlement conference is reset for August 23, 2013 at 1:30 p.m.. (Marrujo, C)
July 10, 2013 Opinion or Order Filing 183 ORDER on Defendants' Ex Parte Request that Staff Counsel for CDCR be Permitted to Appear Telephonically at Settlement Conference re 182 , signed by Magistrate Judge Jennifer L. Thurston on 7/9/13. (Gonzalez, R)
July 1, 2013 Opinion or Order Filing 181 ORDER signed by Magistrate Judge Allison Claire on 6/28/2013 ORDERING that this case is SET for a further settlement conference on 7/26/2013 at 01:00 PM at CSP-COR before Magistrate Judge Jennifer L. Thurston; defendants' lead counsel and a pe rson with full and unlimited authority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person; each party shall provide a confidential settlement conference statement to Sujean Park to arrive no later than 7/18/13 and file a Notice of Submission; and the Clerk shall serve a copy of this order on the Litigation Office at CSP-COR via fax. (cc: JLT, ADR) (Served via fax on CSP-COR Litigation Office.) (Yin, K) Modified on 7/1/2013 (Yin, K).
June 14, 2013 Opinion or Order Filing 180 ORDER signed by Magistrate Judge Allison Claire on 06/14/13 ordering the parties request to vacate the dispositive motions deadline of 07/01/13 is hereby granted. (Plummer, M)
June 7, 2013 Opinion or Order Filing 177 ORDER GRANTING defendants' ex parte request that staff counsel for CDCR be permitted to appear telephonically at the settlement conference set for 6/12/2013 before Magistrate Judge Jennifer L. Thurston, document 176 . Ordersigned by Magistrate Judge Jennifer L. Thurston on 6/7/2013. (Rooney, M)
May 1, 2013 Opinion or Order Filing 172 ORDER signed by Magistrate Judge Allison Claire on 4/30/2013 ORDERING that this case is SET for a settlement conference on 6/12/2013 at 01:30 PM before Magistrate Judge Jennifer L. Thurston at CSP-Corcoran; defendants' lead counsel and a perso n with full and unlimited authority to negotiate and enter into a binding settlement on defendants behalf shall attend in person; each party shall provide a confidential settlement conference statement to Sujean Park no later than 6/4/2013; and the Clerk shall serve a copy of this order on the Litigation Office at CSP-COR via fax. (cc: JLT, ADR) (CSP-COR Litigation served via fax)(Yin, K)
December 21, 2012 Opinion or Order Filing 167 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/20/12 regarding protocol for contacting sources and witnesses identified in confidential memoranda. (See order for further details)(Plummer, M)
November 19, 2012 Opinion or Order Filing 164 STIPULATION and PROTECTIVE ORDER regarding discovery documents signed by Magistrate Judge Gregory G. Hollows on 11/19/12. (See order for further details)(Plummer, M)
October 31, 2012 Opinion or Order Filing 163 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/30/12 ORDERING that a protective order is to be submitted by the parties forthwith. Within two weeks or by 11/8/12, documents responsive to plaintiff's requests for production (RFP) no s. 1, 2, 3, 4, 7, will be produced to plaintiff with the caveat that, as to RFP no. 7 in accordance with this order. RFP no. 5 has been withdrawn. With respect to RFP no. 6 directed to defendant Burt, within ten days he must serve upon plaintiff a statement under oath that he has conducted a search, listing each of the places where his search was conducted. As to RFP no. 6 directed to defendant Cronjeager and defendant Fischer, and as to RFP no. 8 propounded upon defendant Garcia, counsel f or both parties are directed to discuss and formulate a plan and to return to court with the proposed plan. As to RFP no. 8 directed to defendant Fischer, as well as RFP no. 7 served upon defendant Florez and defendant Garcia, those requests for production are denied. Counsel are to submit a stipulation for extending the deadline for the filing of dispositive motions forthwith. (Kastilahn, A)
October 11, 2012 Opinion or Order Filing 157 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/10/12 ORDERING that Plaintiffs request to exceed the 25-interrogatory limit of Fed. R. Civ. P. 33(a) is GRANTED and plaintiff may propound an additional ten interrogatories, for a total of 35 per defendant, by no later than October 25, 2012, after which defendants must serve their responses within thirty days; Any subpart to an interrogatory must be subsumed within or necessarily related to the primary question1; otherwise, the subpart is a discrete and separate interrogatory; With respect to plaintiffs requests for production to which defendants object, the parties are to file a joint statement by no later than October 20, 2012, see L.R. 251(c); The October 15, 2012 discovery deadline is VACATED and a hearing on the discovery dispute is set for October 25, 2012, at 10 a.m., before the undersigned.(Dillon, M)
October 5, 2012 Opinion or Order Filing 156 STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 10/5/12 ORDERING that a Telephonic Discovery Conference is SET for 10/9/2012 at 02:00 PM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Mena-Sanchez, L)
April 16, 2012 Opinion or Order Filing 149 ORDER signed by Magistrate Judge Gregory G. Hollows on 04/13/12 ordering the motions filed by plaintiff while proceeding pro se on 01/03/12 122 , on 01/12/12 125 , on 02/27/12 137 , on 03/15/12 141 as well as the proposed second amended complain t filed on 03/15/12 142 are hereby vacated, without prejudice from the court's calendar. Plaintiff's counsel is granted an extension of time until 05/31/12 to notice a motion to compel discovery for hearing on the court's calendar in accordance with Local Rule 251(a); at this time the extended dispositive motion deadline of 07/17/12 remains in effect. (see order for further details) (Plummer, M)
February 29, 2012 Opinion or Order Filing 138 ORDER signed by Judge Morrison C. England, Jr on 2/29/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/10/12 124 are ADOPTED in full; The 7/25/11 MOTION TO DISMISS 76 is GRANTED and; Plaintiff's claim against defendant Roman is DISM ISSED as barred by the statute of limitations and defendant Roman is DISMISSED with prejudice from this action; claims two, three, six and seven are DISMISSED as to defendant Kissel. With respect to claims two and six, three and seven, these claims are DISMISSED with prejudice as to all defendants. This matter proceeds as to the remaining fourteen defendants on claims one, four and five only.(Mena-Sanchez, L)
January 26, 2012 Opinion or Order Filing 130 ORDER signed by Magistrate Judge Gregory G. Hollows on 1/26/12 GRANTING 129 Ex Parte Application. The plaintiff shall attend his deposition currently noticed for 1/27/12. (Meuleman, A)
January 10, 2012 Opinion or Order Filing 124 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/9/10 ORDERING that Plaintiffs motion to strike new matter raised in defendants Romans and Kissels reply, 90 , is denied; Plaintiffs requests to extend the dis covery deadline, 97 and 107 are granted, the deadlines in the September 28, 2011 96 , Discovery and Scheduling Order are VACATED; the discovery deadline is extended until March 13, 2012, and the dispositive motion deadline is extended until July 17, 2012. Plaintiffs October 17, 2011 99 , motion to serve a non-party subpoena is denied without prejudice to plaintiffs providing the requisite fee; plaintiffs request for three signed blank subpoena forms, filed on October 17, 2011, is granted and the Clerk of the Court is directed to include the forms for plaintiff with this order. Plaintiffs motions for appointment of counsel, filed on October 17, 2011 98 , October 18, 2011 101 , October 31, 2011 107 , November 9, 2011 110 , Novembe r 16, 2011 112 , and on December 19, 2011 118 , are denied; also denied are his requests regarding access to the law library and legal material, his legal property and for copies; however, defendant Cate must ascertain within fourteen days that pla intiffs responses to defendants discovery requests and his motion to compel have been copied and returned to him. Plaintiffs motion for the court to order defendant Cate to terminate certain CSP-Corcoran employees, filed on November 14, 2011 111 , i s denied. Plaintiffs objections and formal complaint, filed on December 1, 2011 114 , seeking expedited rulings on what the court finds to be excessive motion filing is denied as moot. Plaintiffs notice of theft of his legal documents by defendants , filed on December 19, 2011 118 , asking for defendants to be deemed to have waived their right to receive discovery responses is denied. Plaintiff is hereby limited to the filing of one motion or request until the court reaches a ruling absent an emergency as set forth above. IT IS RECOMMENDED that: The motion to dismiss filed by defendants Roman and Kissel, on July 25, 2011, be granted and; a) plaintiffs claim against defendant Roman be dismissed as barred by the statute of limitations and defendant Roman be dismissed with prejudice from this action; b) claims two, three, six and seven be dismissed as to defendant Kissel. With respect to claims two and six, three and seven, these claims be dismissed with prejudice as to all defendants. This matter proceed as to the remaining fourteen defendants on claims one, four and five only. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
October 25, 2011 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/24/2011 DENYING dfts' 104 motion to conduct pltf's deposition by way of video-conferencing from CSP-Corcoran. (Yin, K)
September 28, 2011 Opinion or Order Filing 96 DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge Gregory G. Hollows on 9/27/11 informing the parties on discovery procedures in this case; the parties may conduct discovery until 1/13/12; all pretrial motions filed by 4/6/12. (Becknal, R)
September 14, 2011 Opinion or Order Filing 93 ORDER adopting in full 75 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 9/14/11. Defendant Park's 42 motion to dismiss is DENIED. Defendants' 38 motion to dismiss by defendants Cate, Garcia, Berna, Cronja gar, Gomez and Florez; defendant Park's motion to dismiss 42 ; and defendants' 55 motion to dismiss brought by defendants McClure, Russ, Williams, Burt, Fischer and Buechner, are GRANTED as to claims two and six. Plaintiff is however, GR ANTED leave to amend. The aforementioned Defendants' motion to dismiss claim three is GRANTED and that claim is DISMISSED. Claim seven, construed as essentially subsumed within Claim four as it relates to the claims and defendants upon which this case is proceeding is DISMISSED as duplicative. (Kastilahn, A)
August 9, 2011 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/8/2011 ORDERING that Plaintiff's 77 motion for a default judgment, filed on July 22, 2011 is DENIED as duplicative and ill-founded. Plaintiff's 82 August 1, 2011 request for the appointment of counsel is DENIED. Plaintiff's 82 August 1, 2011 motion for an extension of time is GRANTED. Plaintiff is granted fourteen days from the date of this order in which to file objections to the July 5, 2011 findings and recommendations, and twenty-eight days from the date of this order to file a second amended complaint. There will be no further extension of time. (Duong, D)
July 5, 2011 Opinion or Order Filing 75 ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/1/11 ORDERING that Plaintiff's motion for a default judgment 41 is DENIED; Plaintiff's motion for an extension of time to provide contact informati on 69 is DENIED as moot; Defendants' motions to dismiss 38 ; defendant Park's motion to dismiss 42 ; and defendants' motion to dismiss, 55 are GRANTED as to claims two and six, but plaintiff is GRANTED Leave to Amend solely to me et the pleading requirements, as set forth above, with respect to claims two and six, within twenty-eight days. Should plaintiff fail to amend, the court will recommend dismissal of these claims; and RECOMMENDING Defendant Park's motion to dismi ss 42 be denied; Defendants' motions to dismiss 38 , defendant Park's motion to dismiss 42 ; and defendants' motion to dismiss 55 be granted as to claim three and this claim be dismissed; and Claim seven, construed as essentially subsumed within Claim four as it relates to the claims and defendants upon which this case is proceeding, be dismissed as duplicative. Referred to Judge Morrison C. England, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
May 4, 2011 Opinion or Order Filing 68 ORDER denying 52 Motion to Appoint Counsel and for sanctions signed by Magistrate Judge Gregory G. Hollows on 05/04/11. (Plummer, M)
May 3, 2011 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/2/2011 ORDERING that pltf's 61 motion for subpoenas and an order compelling contact information re dfts Kisser and Roman, construed as a motion for judicial intervention, is GRANTED to t he extent set forth in this order; pltf's 65 motion for an extension of time to submit service documents for dfts Kisser and Roman is GRANTED, and pltf has 21 days, following dfts' counsel's response to this order, to return the requisite service documents, should counsel be able to provide the business addresses. (Yin, K)
December 7, 2010 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/7/2010 DENYING pltf's 28 request for appointment of counsel. (Yin, K)
October 28, 2010 Opinion or Order Filing 25 ORDER signed by Judge Morrison C. England, Jr on 10/28/10 ADOPTING in full 20 FINDINGS AND RECOMMENDATIONS. This action proceeds on the amended complaint only as to those defendants named in the separately filed screening order. Defendants Schwarzenneger, Woodford, Adams, Lopez, Yamat, Anderson, Keener, Sheppard-Brooks and Rosenthal are dismissed. Defendant Cate is dismissed in his individual capacity. (Williams, D)
October 25, 2010 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/25/10 ordering that plaintiff's request filed on 10/18/10 construed as a request for an extension of time to submit the documents for service of his amended complaint 22 is granted and plaintiff has until 12/01/10 to submit the requisite documents for the court to order service of the summons and amended complaint. (Plummer, M)
October 4, 2010 Opinion or Order Filing 20 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/4/2010 RECOMMENDING that this action proceed on the 17 amended cmplt only to thos dfts named in the separately filed screening order and that dfts Schwarzenegger, Woodford, Adams, Lopez, Yamat, Anderson, Keener, Brooks, Rosenthal be dismissed from this action, and that dft Cate be dismissed in his individual capacity. Referred to Judge Morrison C. England, Jr.; Objections due w/in 14 days.(Yin, K)
July 19, 2010 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/19/10 ORDERING that plaintiff is cautioned that he has only until July 30, 2010, to file an amended complaint. As plaintiff was previously informed, there will be no further extension of time. (Dillon, M)
May 28, 2010 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/27/10 ORDERING that plaintiff is directed to file an amended complaint within 28 days of the filed date of this order. (Dillon, M)
April 29, 2010 Opinion or Order Filing 10 ORDER signed by Judge Morrison C. England, Jr on 4/28/2010 ORDERING that the order of the magistrate judge filed 10/6/2009, is affirmed. (Matson, R)
October 6, 2009 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Andrew Rick Lopez signed by Magistrate Judge Gregory G. Hollows on 10/5/09. The director of CDCR shall collect monthly payments and forward to the court. The Clerk is directed to serve a copy of this order and a copy of Pltf's IFP on Director, CDCR and serve a copy of this order on the Financial Department of the Court. (cc: CDCR and CFS) (Engbretson, K.)
July 10, 2009 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/9/09 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee. Clerk of the Court is directed to send plaintiff a new Application to Proceed IFP By a Prisoner.(Dillon, M)
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Defendant: Arnold Schwarzenneger
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Plaintiff: Andrew Rick Lopez
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