Baker v. Perez et al
| Michael Baker |
| Perez, Roxanne M. Miller, Dorothy Swingle, A. Agyeman, Nepomuceno, Medina, St. Laurant, Bowers, Baker, Bryant, Shaw, Withers and May |
| 2:2009cv02757 |
| October 5, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Morrison C. England |
| 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
259
STIPULATED DISMISSAL WITH PREJUDICE for Defendant D. Medina signed by Chief Judge Morrison C. England, Jr on 8/3/15. IT IS ORDERED this matter be concluded in its entirety and that the Clerk of Court be DIRECTED to close the file. CASE CLOSED. (Meuleman, A)
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Filing
256
ORDER signed by Magistrate Judge Dale A. Drozd on 6/24/15. The offices referred to in this order are directed to make the requested inquiry and report the results of that inquiry to the court. (cc: Monica Anderson) (Manzer, C)
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Filing
252
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 2/19/2015 ORDERING the custodian to produce Michael Baker to appear by video conference from California State Prison, Corcoran at 10:00 AM on 6/ 18/2015, before Magistrate Judge Dale A. Drozd; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk shall serve a copy of this order and writ on the Warden. (cc: DAD, IT Dept.)(Yin, K)
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Filing
245
ORDER signed by Chief Judge Morrison C. England, Jr on 1/29/15 ORDERING that: Trial in this case is re-set for 9:00 a.m. on Monday, 5/4/15, in Courtroom 7; Any opposition to the previously filed Motions in Limine shall be filed not later than 4/ 20/15; All writs issued for the 1/26/15, trial are VACATED and the assigned Magistrate Judge is directed to issue new writs for the 5/4/15 trial; the Court declines to issue an order as to where Plaintiff shall be housed prior to the continued tr ial date and thus DENIES Plaintiff's request for an order that he be returned to Corcoran State Prison; Plaintiff's custodian is directed to provide Plaintiff with two copies of pages 46-71 and the table of contents from Plaintiff's Trial Exhibit No. 23; If there is a change in custody of this inmate prior to him receiving those copies, the current custodian is ordered to notify the Court of the change in custody and to provide the new custodian with a copy of this order; an d the Clerk is directed to serve a courtesy copy of this order electronically on the Out-To-Court Desk and by fax to the Litigation Coordinators at both California State Prison, Corcoran, and California State Prison, Folsom.(cc: OTC Desk, Faxed to CSP Sac, CSP Corcoran)) (Becknal, R)
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Filing
238
ORDER signed by Chief Judge Morrison C. England, Jr on 1/13/15 GRANTING 236 Motion to Continue Trial Date. The trial date currently scheduled for 1/26/15 and the due date for opposition to the currently filed motions in limine are VACATED and shall be reset by further order of the District Court. (Meuleman, A)
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Filing
226
ORDER signed by Chief Judge Morrison C. England, Jr. on 1/6/2015 GRANTING 209 Motion to Quash; QUASHING the subpoena for Clark Harrison, M.D. to appear in this matter. (Michel, G)
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Filing
204
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 12/23/2014 ORDERING the custodian to produce Michael Baker K-76592, to testify in USDC at 9:00 A.M. on 1/12/2015 in courtroom #7, before Judge Morri son C. England, Jr.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk, CSP-Cor Litigation Coordinator and CSP-COR Warden. (cc: OTCD-SAC) (Yin, K)
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Filing
201
ORDER signed by Chief Judge Morrison C. England, Jr on 12/16/14 ORDERING that Plaintiff's MOTION for an Extension of time to file objections to defendant's experts report 188 is GRANTED; Plaintiff's MOTION for an order directing defe ndant's experts to review additional documents 190 is GRANTED with respect to the request that defendant clarify Dr. Barnett's reference to "standing protocols" in his report; defendant shall file a response to this request wi thin ten days of the date of this order; Plaintiffs MOTION is DENIED in all other respects; Plaintiff's MOTION for leave to supplement his motion for an order directing defendant's experts to review additional reports 191 is DENIED as unnecessary. (Mena-Sanchez, L)
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Filing
199
ORDER signed by Magistrate Judge Kendall J. Newman on 12/05/14 granting 198 Motion for issuance of subpoenas. The clerk of the court shall issue 5 blank subpoenas to plaintiff. Within 14 days of the date of this order, plaintiff shall send the completed subpoenas and witness fees to the United States Marshal's Office, 501 I Street, Sacramento, California, 95814; within that time, plaintiff shall also file a notice with the court indicating that he sent the subpoenas and witness fees to the U.S. Marshal.. (Plummer, M)
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Filing
187
ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/2014 GRANTING plaintiff's 186 motion for an extension of time; plaintiff's 182 motion to amend his pretrial statement and the pretrial order is GRANTED in part and DENIED in part; plaintiff's motion to amend the pretrial order to include proposed exhibts nos. 4, 20, 53, 60, 61, 68, 93, 94, 100 and 156 is GRANTED; the motion to amend is DENIED in all other respects. (Yin, K)
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Filing
181
ORDER signed by Chief Judge Morrison C. England, Jr on 09/03/14 ordering plaintiff's request for reconsideration 167 construed as objections to the pretrial order; Plaintiff's request that the pretrial order be amended to reflect his intention to oppose defendants proposed exhibits and witnesses that are excusable under various rules of evidence is granted. Plaintiff's remaining requests to amend the pretrial order are denied. (Plummer, M)
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Filing
180
ORDER signed by Magistrate Judge Kendall J. Newman on 9/3/14 ORDERING that Shanan L. Hewitt is substituted in as counsel for Defendant D. Medina. David Eugene Brice, Deputy Attorney General terminated.(Dillon, M)
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Filing
179
ORDER signed by Magistrate Judge Kendall J. Newman on 08/29/14 ordering plaintiff's motion to file supplemental information regarding his motion to compel 177 is granted. Plaintiff's motion for reconsideration 176 is granted as to pages 1-7 of HDSP Operational Procedure #744; defendant shall provide plaintiff with these pages within 21 days of the date of this order; plaintiff's motion for reconsideration is denied in all other respects. (Plummer, M)
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Filing
174
ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/2014 ORDERING that Plaintiff's 170 Motion to Compel is DENIED. (Zignago, K.)
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Filing
173
ORDER signed by Magistrate Judge Kendall J. Newman on 7/10/14 ORDERING that plaintiffs motion to supplement his witness list (ECF No. 165 ) is denied; Plaintiffs motion for sanctions (ECF No. 168 ) is denied; Litigation Coordinators Amrein, Kimbrell and Herrera are removed from the defense trial witness list contained in the pretrial order.(Dillon, M)
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Filing
163
PRETRIAL ORDER signed by Magistrate Judge Kendall J. Newman on 04/16/14 ordering plaintiff's request for appointment of counsel contained in his pretrial statement is denied. Plaintiff's motion for the attendance of an incarcerated witness 156 is denied. Plaintiff's motion to supplement his pretrial statement 159 is granted. Plaintiff's motion for appointment of a neutral medical expert 157 is denied. Jury trial is set for 1/05/15 at 9:00 a.m. in courtroom 7 before the Honorable Morrison C. England Jr. (See order for further details) (Plummer, M)
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Filing
151
ORDER signed by Magistrate Judge Kendall J. Newman on 11/21/13 DENYING 150 Motion to Appoint Counsel. (Dillon, M)
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Filing
148
ORDER adopting 140 FINDINGS AND RECOMMENDATIONS IN FULL signed by Chief Judge Morrison C. England, Jr on 10/30/13: Motions for Reconsideration 145 and 147 are DENIED. 122 Motion for Summary Judgment is GRANTED in part and DENIED in part. (Kaminski, H)
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Filing
144
ORDER denying 143 Motion to Compel signed by Magistrate Judge Kendall J. Newman on 09/17/13. (Plummer, M)
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Filing
140
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/08/13 ORDERING plaintiff's motion for extension of time 124 is denied. Plaintiff's motion for leave to file a supplemental opposition 136 is denie d. Plaintiff's motion for subpoenas 139 is denied. Also, RECOMMENDING that defenants' summary judgment motion 122 be denied as to plaintiff's Eighth Amendment and state law claims against defendant Medina on the discontinuation of plaintiff's Tramadol prescription on 11/10/08, defendants' motion should be granted in all other respects. MOTION for SUMMARY JUDGMENT 122 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
134
ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/2013 ORDERING that plaintiff's 133 request is GRANTED; plaintiff's 2/15/2013 attachment is considered an addendum to Exhibit E to plaintiff's 1/24/2013 opposition; defen dants' 132 request for extension of time is granted; and defendants shall file a reply to plaintiff's opposition to defendants' motion to strike inadmissible evidence submitted in opposition to defendants' motion for summary judgment on or before 3/14/2013. (Yin, K)
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Filing
121
ORDER denying 119 Motion to Amend the Complaint signed by Magistrate Judge Kendall J. Newman on 11/14/12. (Matson, R)
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Filing
118
ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/12 vacating 71 Motion for Summary Judgment; Within 30 days of the date of this order, defendants shall file a comprehensive renewed summary judgment motion; plaintiffs opposition is due 21 days thereafter; defendants reply is due 7 days thereafter. (Dillon, M)
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Filing
113
ORDER signed by Magistrate Judge Kendall J. Newman on 7/19/2012 ORDERING that the 71 motion for summary judgment is DEEMED RE-NOTICED, and shall be so designated on the docket by the clerk; plaintiff is hereby INFORMED, as stated in this order, of the requirements for opposing a motion for summary judgment; within 21 days, plaintiff may file an opposition to defendants' motion for summary judgment; within 7 days of the opposition, defendants may file and serve a reply; the 102 findings and recommendations are VACATED; plaintiff's 87 motion for an extension of time to file his opposition to defendants' summmary judgment motion is DENIED as unnecessary; plaintiff's 107 motion for an extension of time to file an opposition to defendants' motion for leave to file a supplemental summary judgment motion is GRANTED, and is now moot as the court has ruled on that motion. (Yin, K)
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Filing
109
ORDER signed by Magistrate Judge Kendall J. Newman on 05/25/12 denying 106 Motion for leave to file a supplemental summary judgment motion. Defendants are granted 30 days to file objections to the 03/28/12 findings and recommendations. (Plummer, M)
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Filing
102
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/27/12 recommending that defendants' 08/10/11 summary judgment motion 71 be denied as to the following claims: 1) defendant Miller failed to adequately train the nu rses she supervised who distributed plaintiff's medication; 2) defendant Miller understaffed the Z unit nurses responsible for distributing medication during the first time plaintiff was housed on the Z unit; 3) defendant Medina failed to prescr ibe Tramadol to plaintiff when plaintiff returned to HDSP on or around 11/03/08; 4) defendant Medina lied about re-ordering plaintiff's medications and by interfering with prescriptions ordered by Dr. Nepomuceno; and 5) plaintiff's state law claims. Defendants' summary judgment motion 71 be granted in all other respects. MOTION for SUMMARY JUDGMENT 71 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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Filing
97
ORDER signed by Magistrate Judge Kendall J. Newman on 01/04/12 ordering that plaintiff's opposition to defendants' summary judgment motion is due within 30 days of the date of this order. (Plummer, M)
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Filing
95
ORDER signed by Magistrate Judge Kendall J. Newman on 12/30/2011 ORDERING that plaintiff's 88 and 89 motion to compel and motion for sanctions are DENIED; and plaintiff's 90 motion to enforce the court order is DENIED. (Yin, K)
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Filing
79
ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/11 granting 77 Motion for Extension of time. Plaintiff's motion for reconsideration is deemed timely filed. Plaintiff's motion for reconsideration 78 is granted in part and de nied in part; within 21 days of the date of this order, defendants shall provide further response to request for production of documents no. 10, interrogatories nos. 1-3 addressed to defendant Medina, request for admissions nos. 40 and 47 addressed t o defendant Miller, request for admission no. 120 addressed to defendant Bower, interrogatory no. 12 addressed to defendant St. Laurent; Within 21 days thereafter, plaintiff shall file an opposition to defendants' summary judgment motion filed 08/10/11.(Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/11 ORDERING 74 Motion to Stay is denied; Plaintiff's opposition to defendants' summary judgment motion is due within 28 days of the date of this order. (Matson, R)
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Filing
73
ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/11 GRANTING IN PART AND DENYING IN PART 54 MOTION to COMPEL filed by Michael Baker. Within 14 days defs shall file a further response to def Medinas request for admissions nos. 68, 69, 70, 71, 72, 73, 82, 90; def Swingles request for admissions nos. 29; def Millers response to request for admission nos. 29, 41; def Bowers response to request for admission nos. 118, 126; def St.Laurents response to request for admissions 105 and 106. (Meuleman, A)
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Filing
65
ORDER signed by Magistrate Judge Kendall J. Newman on 06/07/11 granting 56 Motion to Compel with respect for admission no. 5; within 21 days of the date of this order, defendant Medina shall serve plaintiff with a supplemental response to this request; plaintiff's motion to compel is denied in all other respects. (Plummer, M)
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Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/2011 ORDERING that pltf's 54 motion to compel is GRANTED in part and DENIED in part; w/in 7 days, the Warden of PVSP shall provide pltf w/ a copy of the 144 page motion to compel refer enced in his 3/21/11 pleading; w/in 7 days thereafter, pltf shall serve dfts w/ this motion, dfts' response due w/in 14 days thereafter; the 57 order to show cause is DISCHARGED; the clerk to serve a copy of this order on the Warden of PVSP. (Yin, K)
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Filing
57
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 5/5/11 ORDERING that within 7 days of the date of this order, the Warden of Pleasant Valley State Prison shall show cause why he should not be ordered to appear before the undersigned to address his failure to respond to the 4/8/11 order; Clerk of the Court is directed to serve this order on the Warden of Pleasant Valley State Prison. (Dillon, M)
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Filing
55
ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/11 ORDERING that within 14 days of the date of this order, the Warden of PVSP shall respond to plaintiffs allegations regarding his inability to obtain copies of documents over 50 pages; Clerk of the Court is directed to serve this order on Warden of PVSP, P.O. Box 8505, Coalinga, CA, 93210-8505.(Dillon, M)
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Filing
53
ORDER signed by Magistrate Judge Kendall J. Newman on 02/22/11 ordering plaintiff's motion for extension of time 49 is granted; plaintiff's responses to defendants' interrogatories must be served within 30 days of the date of this or der. Plaintiff's motion for leave to conduct additional discovery 50 is granted; defendants shall respond to plaintiff's discovery requests served on 01/17/11. Plaintiff's motion for leave to serve additional depositions by written question 51 is granted; the Clerk of the Court shall send plaintiff 6 subpoena forms. Plaintiff's motion for instructions regarding how to conduct discovery 52 is denied. (Plummer, M)
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Filing
48
ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/11 ORDERING that Plaintiffs 40 motion to continue depositions by written questions isgranted; the Clerk of the Court is directed to send plaintiff 23 subpoena forms; Plaintiffs 41 motion f or extension of time to conduct depositions by written questions of non-parties is granted; plaintiff must serve his depositions by written question on or before March 18, 2011; Defendants 45 motion for extension of time to respond to plaintiffs di scovery is granted; defendants responses to plaintiffs discovery requests are due on orbefore February 24, 2011; Defendants 44 motion to modify the scheduling order is granted; the discovery cut-off date is re-set for March 18, 2011; the pretrial motion cut-off date is re-set for May 27, 2011.(Dillon, M)
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Filing
39
ORDER signed by Magistrate Judge Kendall J. Newman on 12/09/10 denying 33 Motion to Compel and granting 38 Motion for Extension of time. Defendants' responses to plaintiff's interrogatories and requests for admissions are due on or before 01/08/11. (Plummer, M)
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Filing
32
ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/2010 ORDERING that pltf's 27 motion for the appointment of counsel is DENIED; pltf's 26 motion for access to his legal property is DENIED as moot; pltf's 25 motion for an extension of time to conduct discovery is GRANTED; the discovery cut-off date is RE-SET for 2/11/2011; the pretrial motion cut-off date is RE-SET for 4/22/2011. (Yin, K)
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Filing
29
ORDER signed by Magistrate Judge Kendall J. Newman on 10/15/10 ORDERING that within fourteen days of the date of this order, the Warden of PVSP shall inform the court of the status of plaintiffs access to his legal property and prescription reading glasses; The Clerk of the Court is directed to serve this order on Warden of PVSP, P.O. Box 8505, Coalinga, CA, 93210-8505.(Dillon, M)
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Filing
9
ORDER signed by Magistrate Judge Kendall J. Newman on 02/23/10 granting 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected and paid in accordance with the c ourt's CDC order filed concurrently herewith. Plaintiff's motion for appointment of counsel 4 is denied without prejudice. Claims against defendants Perez, Swingle, Agyeman, Nepomuceno, Baker, Bryant, Shaw, Withers and May are dismissed with leave to amend. Within 30 days of service of this order, plaintiff may amend his complaint to state cognizable claims against these defendants. Plaintiff is not obliged to amend his complaint. The allegations in the pleading are sufficient a t least to state cognizable claims against defendants Bowers, St. Laurant, Nurse Miller and Dr. Medina. The clerk of the court shall provide plaintiff a blank summons, copy of the pleading filed 10/05/09, 4 USM-285 forms and instruction sheet to be completed and returned within 30 days.. (Plummer, M)
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