Nailing v. Fosterer et al
Plaintiff: Xavier Dmetri Nailing
Defendant: B.D. Fosterer, K.D. Holman, P. Coughin, M.H. Casey, I.M. Lucas, C. Martin, - Pruitt, T.R. Kauffman, K.E. Darnell, A. Alanis, R. Janzen, M. Williams, M.S. Evans, T.J. Vasquez, A.D. Brown and C. Lewis
Case Number: 2:2009cv02475
Filed: September 2, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Craig M. Kellison
Presiding Judge: Craig M. Kellison
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
February 7, 2014 Opinion or Order Filing 116 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 2/7/14 RECOMMENDING that defendants' motion for summary judgment 112 be granted. Referred to Judge Morrison C. England, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
August 2, 2013 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Craig M. Kellison on 8/1/13 ORDERING that all dispositive motions shall be noticed to be heard by November 6, 2013; and the pre-trial conference and trial dates will be set by separate order at a later time.(Dillon, M)
May 1, 2013 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Craig M. Kellison on 05/01/13 ordering this case is set for a settlement conference before Magistrate Judge Jennifer L. Thurston on 06/10/13 at 1:30 p.m. at the U.S. District Court, 510 19th street, Bakersfield, Calif ornia 93301. Defendants' motion to vacate the dispositive motion filing deadline pending mediation 104 is granted. Plaintiff's motion for an extension of the dispositive motion filed deadline 101 is denied as unnecessary. Each party shall provide a confidential settlement conference statement to Sujean Park, so they arrive no later than 06/03/13. (cc: ADR Director and JLT) (Plummer, M)
March 1, 2013 Opinion or Order Filing 100 ORDER signed by Magistrate Judge Craig M. Kellison on 02/28/13 denying 98 Motion to modify the schedule and denying 99 Motion for Sanctions. (Plummer, M)
January 17, 2013 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Craig M. Kellison on 1/16/2013 DENYING plaintiff's 94 Motion to Compel production of documents. (Marciel, M)
August 8, 2012 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Craig M. Kellison on 08/07/12 ordering the parties are exempted from the requirements outlined in Federal Rule of Civil Procedure 26(a)(1) and (f). ( Discovery due by 12/14/2012, All other pretrial motions, including dispositive motions shall be noticed to be heard by 02/09/13). The pre-trial conference and trial dates will be set by separate order at a later time. (Plummer, M)
June 15, 2012 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Craig M. Kellison on 06/14/12 ordering that counsel is permitted to appear for the Status/Scheduling Conference by telephone call and shall schedule said appearance through Courtcall. (Plummer, M)
May 11, 2012 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Craig M. Kellison on 5/10/2012 ORDERING that a status/scheduling conference is SET for 6/27/2012 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison; all parties shall appear by counsel or pro se if acting without counsel; all parties shall file, no later than 7 days before the conference, a status/scheduling report; parties are reminded of their continuing duty to notify chambers immediately of any settlement or other disposition. (Yin, K)
March 29, 2012 Opinion or Order Filing 82 ORDER signed by Judge Morrison C. England, Jr on 3/29/2012 ORDERING 78 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 63 Motion to Strike is GRANTED; 62 Sur-Reply is STRICKEN; 29 Motion to Dismiss and 67 Motion to Dismiss are GRANTED; [4 5] Motion to Dismiss is GRANTED IN PART and DENIED IN PART; defendants C. Lewis, I.M. Lucas, Torruella, Bemrick and Cardeno are DISMISSED; 70 Motion for Summary Judgment is DENIED as MOOT; this action proceeds on the first amended complaint against defendants Forsterer, Coughlin, Holman, Brown, Stotz, Pruitt and Vasquez, who shall file an answer to the amended complaint within 30 days of the date of this order. (Waggoner, D)
March 2, 2012 Opinion or Order Filing 78 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 3/2/12 RECOMMENDING that Defendants motion to strike 63 be granted; Plaintiffs sur-reply filed on October 7, 2011, be stricken; Defendant Bemricks motion to dismiss 29 & 67 be granted; The remaining defendants motion to dismiss 45 be granted in part and denied in part; Defendants Bemrick, Torruella, Cardeno, Lewis, and Lucas be dismissed; Defendant Bemricks motion for summary judgment 70 be denied as moot; and this action proceed on the first amended complaint as against defendants Forsterer, Coughlin, Holman, Brown, Stotz, Pruitt, and Vasquez, who should be directed to file an answer to the amended complaint. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
February 22, 2012 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Craig M. Kellison on 02/21/12 ordering plaintiff's motion for recusal 39 is denied. Plaintiff's motion for sanctions 52 is denied. Plaintiff's motion to compel 57 is denied. Plaintiff's motion for an order to accept Exhibit 3 as filed 61 is denied. (Plummer, M)
January 6, 2012 Opinion or Order Filing 69 ORDER signed by Judge Morrison C. England, Jr on 1/6/12 VACATING 1/26/12 hearing. All pending motions are submitted on the papers and shall be addressed by the Magistrate Judge assigned to this case. (Meuleman, A)
June 23, 2011 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Craig M. Kellison on 6/22/11 GRANTING 33 Motion for Extension to respond to 17 Amended Prisoner Civil Rights Complaint. Responsive pleading due 8/4/11. (Meuleman, A)
June 16, 2011 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Craig M. Kellison on 06/15/11 denying 27 Motion to Appoint Counsel. (Plummer, M)
April 15, 2011 Opinion or Order Filing 26 ORDER signed by Judge Frank C. Damrell, Jr on 4/14/11 ADOPTING 22 FINDINGS AND RECOMMENDATIONS; Martin, Evans, and Casey are dismissed as defendants to this action.(Dillon, M)
March 10, 2011 Opinion or Order Filing 22 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 03/10/11 recommending that Martin, Evans and Casey be dismissed as defendants to this action. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)
February 3, 2011 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Craig M. Kellison on 2/2/11 DENYING 18 Motion for leave to propound request for admissions as premature. The motion is denied as premature because the court has not yet determined that the action is appropriate for service and no defendants have appeared. (Dillon, M)
February 11, 2010 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Craig M. Kellison on 02/10/10 denying as unnecessary 13 Motion to Amend the Complaint. If no amended complainti is filed within 30 days of the date of this order, the action will proceed on the original complaint. The clerk of the court is directed to send plaintiff the court's form civil rights complaint by a state prisoner. (Plummer, M)
October 15, 2009 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Xavier Dmetri Nailing signed by Magistrate Judge Craig M. Kellison on 10/14/09; the director of the agency referenced in this order shall collect the monthly payments and forward to the clerk of court. (CC: CDC and financial) (Owen, K)
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Plaintiff: Xavier Dmetri Nailing
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Defendant: B.D. Fosterer
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Defendant: K.D. Holman
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Defendant: P. Coughin
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Defendant: M.H. Casey
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Defendant: I.M. Lucas
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Defendant: C. Martin
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Defendant: - Pruitt
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Defendant: T.R. Kauffman
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Defendant: K.E. Darnell
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Defendant: A. Alanis
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Defendant: R. Janzen
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Defendant: M. Williams
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Defendant: M.S. Evans
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Defendant: T.J. Vasquez
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Defendant: A.D. Brown
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Defendant: C. Lewis
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