Sutherland v. Herrmann et al
| William Young Sutherland |
| S Herrmann, M Spinks, A Parmar, R Sicculna and James Walker |
| 2:2009cv02391 |
| August 26, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Fresno |
| Dale A. Drozd |
| 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
134
ORDER signed by Senior Judge William B. Shubb on 9/22/14 ADOPTING IN FULL 131 Findings and Recommendations; DENYING 123 125 126 130 . (Meuleman, A)
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Filing
131
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 05/07/14 recommending that the motions to vacate settlement 123 , 125 and 126 and the motion to vacate the settlement or in the alternative for breach of settlement agreement 130 be denied. Motions 123 , 125 , 126 , and 130 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
121
ORDER signed by Magistrate Judge Dale A. Drozd on 0724/13 denying plaintiff's 07/18/13 119 Motion. (Plummer, M)
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Filing
117
ORDER signed by Magistrate Judge Allison Claire on 06/26/13 ordering the above entitled matter has settled at a settlement conference before the undersigned. The court now orders that documents disposing of this case be filed no later than 60 days from the date of this order. All hearing dates heretofore set in this matter are hereby vacated. (cc: AC) (Plummer, M)
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Filing
112
AMENDED ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Dale A. Drozd on 05/17/13 ordering pursuant to order 110 this matter is set for settlement conference before Magistrate Judge Allison Claire on 06/11/13 at 9:00 a.m. in courtroo m 26. Each party shall provide a confidential settlement conference statement to Sujean Park, 501 I Street, Suite 4-200, Sacramento, California, 95814 or via email at spark@caed.uscourts.gov, so they arrive no later than 06/04/13 and file a notice of submission of confidential settlement conference statement. (See order for further details)(cc: ADR Director and AC) (Plummer, M) Modified on 5/20/2013 (Plummer, M).
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Filing
111
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Dale A. Drozd on 04/11/13 ordering the Custodian to produce William Young Sutherland at 06/11/13 at 9:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. 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 and AC) (Plummer, M)
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Filing
105
ORDER signed by Magistrate Judge Dale A. Drozd on 3/1/13 ORDERING that within 21 days of the date of this order, each party shall inform the court in writing as to whether they wish to proceed with the settlement conference before the undersigne d magistrate judge or if they wish to wish to be referred to the courts mediation program. If the parties wish to proceed before the undersigned magistrate judge, each party shall return to the court the consent form for settlement conferences pro vided with this order. If the parties do not wish the undersigned magistrate judge to preside at the settlement conference, each party shall file a declaration stating he wishes to be referred to the courts mediation program; and the Clerk of the Court is directed to send each party the consent form for settlement conferences.(Dillon, M)
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Filing
104
ORDER ADOPTING 103 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 2/26/13. 95 Motion for Summary Judgment is DENIED; the matter is referred back to the Magistrate Judge for further proceedings. (Manzer, C)
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Filing
103
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 02/04/13 recommending that the 04/25/12 motion for summary judgment filed on behalf of defendants Spinks and Parmar 95 be denied; and the matter be referred back to the undersigned for further proceedings. Motion for Summary Judgment 95 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
102
ORDER signed by Magistrate Judge Dale A. Drozd on 08/13/12 ordering plaintiff is granted 30 days from the date of this order in which to file and serve a supplemental opposition to defendants' 04/25/12 motion for summary judgment. Defendants may file a supplemental reply not later than 14 days after service of any supplemental opposition. Plaintiff's 08/03/12 motion 101 is denied. (Plummer, M)
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Filing
98
ORDER signed by Magistrate Judge Dale A. Drozd on 5/22/12 denying without prejudice 94 Motion. (Dillon, M)
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Filing
92
ORDER signed by Magistrate Judge Dale A. Drozd on 2/17/12 ORDERING that plaintiffs 87 motion for extension of time is granted; Plaintiffs 91 second request for extension of time is GRANTED; Plaintiffs motion for permission to file a motion for re consideration 90 is granted; Plaintiffs motion for reconsideration 90 of this courts January 9, 2012 order is granted in part: Defendants March 11, 2011 motion for summary judgment 58 is denied without prejudice to its renewal; Within fifteen d ays, defendants shall inform the court and plaintiff in writing as to whether any additional reports exist that record statements or impressions by either Nurse Asp or Nelegrito and, if an additional report by either nurse exists, either provide it to plaintiff or seek a protective order. The time for filing pretrial motions, except motions to compel discovery, is extended to April 30, 2012(Dillon, M)
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Filing
85
ORDER signed by Magistrate Judge Dale A. Drozd on 1/17/12 ordering within 15 days from the date of this order defendants shall provide the following documents to plaintiff: a)The memorandum dated 05/15/08 (page 2 of the document submitted for in came ra review), redacted to omit the paragraph identified by the number 1 and the last sentence of the document directly above the signature; and b) The 5 page memorandum dated 05/23/08 (pages 5-9) and a second copy of the first page of that memorandum ( page 10) reflecting a change in the first sentence of the findings at the bottom of the page. Within 15 days from the date of this order defendants shall clarify in writing: a) Whether the document described in the last typewritten sentence on the u pdated memorandum identified as page 4 of the document submitted for in camera review and the second of 2 documents described in the handwritten paragraph on that page have been provided to or are otherwise available to plaintiff; and b) Whether pages 21, 23,25 and 26 of the document submitted for in camera review have been provided to plaintiff. (Plummer, M)
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Filing
83
ORDER signed by Magistrate Judge Dale A. Drozd on 1/6/2012 ORDERING Defendants' # 69 motion to strike filings is GRANTED; Docket Nos. 64 , 66 , and 67 are STRICKEN; Plaintiff's # 76 motion to pursue perjury charges is DENIED; Plaintiff's # 78 motion for leave to reopen discovery is DENIED; and Plaintiff's motion # 79 for subpoenas duces tecum is DENIED. (Reader, L)
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Filing
80
ORDER signed by Magistrate Judge Dale A. Drozd on 12/8/2011 ORDERING that within 15 days, defendants shall supplement their 71 submission by submitting for in camera review a brief addressing with specificity which portions of the document in quest ion they contend are confidential; defendants shall identify any part of the document that has already been provided to plaintiff or would otherwise be available to him, and shall identify any part of the document that contains information that has o r will be used in the defense of this action, including in defendants' pending motion for summary judgment; defendants shall identify with specificity which part(s) of the document they contend should be redacted if some or all of the document is provided to plaintiff; and finally, defendants shall include with their brief a proposed protective order. (Yin, K)
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Filing
70
ORDER signed by Magistrate Judge Dale A. Drozd on 07/20/11 ordering plaintiff's 10/08/10 motion to depose inmate witnesses 35 is denied without prejudice. Plaintiff's 12/02/10 motion for extension of time 38 is denied. Within 10 days f rom the date of this order defendants shall submit to the chambers of the undersigned for in camera review all confidential documents responsive to request no. 9 in plaintiff's first request for production of documents. In all other respects, p laintiff's 12/10/10 motion to compel 41 is denied. Plaintiff's 12/30/10 motion 47 is denied. Plaintiff's 01/03/11 request for sanctions is denied. Plaintiff's 1/26/11 motions 52 and 53 are denied. Plaintiff's 03/28/11 request for issuance of subpoenas 59 is denied. Plaintiff's 06/02/11 motion for subpoenas 65 is denied. (Plummer, M)
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Filing
46
ORDER signed by Magistrate Judge Dale A. Drozd on 12/22/1 ORDERING that Defendants' 12/3/10 Request to conduct Plaintiff Sutherlands' deposition via video-conference 39 is GRANTED. Nothin in this order shall be interpreted as requiring the institution in which Plaintiff is housed to obtain video-conference equipment if it is not already available. (Mena-Sanchez, L)
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Filing
36
ORDER signed by Magistrate Judge Dale A. Drozd on 11/12/10 ordering that within 20 days from the date of this order defendants shall file and serve a response to plaintiff's motion. Plaintiff's reply, if any, shall be filed and served within 10 days thereafter. (Plummer, M)
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Filing
32
ORDER adopting in full 30 FINDINGS AND RECOMMENDATIONS, signed by Judge William B. Shubb on 8/5/10. Pltf's request to augment his opposition to dfts' motion to dismiss 31 is DENIED. Dfts' motion to dismiss for failure to exhaust administrative remedies prior to filing suit 17 is DENIED.(Kastilahn, A)
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Filing
30
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/04/10 ORDERING the court's 03/23/10 order to show cause 20 is discharged. Plaintiff's 05/24/10 motion to proceed in forma pauperis 28 is denied as moot. Also, RECOMMENDING that defendants' motion to dismiss for failure to exhaust administrative remedies prior to filing suit be denied. MOTION to DISMISS 17 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
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Filing
9
ORDER signed by Magistrate Judge Dale A. Drozd on 9/30/09 DIRECTING USM to serve * Complaint * filed on * 8/26/09,* on * S Herrmann, M Spinks, A Parmar, R Sicculna* within 10 days from the date of this order, and to request a waiver of service of summons. Clerk of the Court shall serve upon plaintiff a copy of the Local Rules of Court. (cc USM Priority)(Dillon, M)
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Filing
6
ORDER signed by Magistrate Judge Dale A. Drozd on 09/03/09 DIRECTING MONTHLY PAYMENTS be made from Prison Account of William Young Sutherland. The clerk of the court shall serve a copy of this order and a copy of plaintiff's signed IFP application on the Director of CDC. Clerk to also serve financial with a copy of this order. (cc: CDC Director and Financial) (Plummer, M)
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