Real v. Walker et al
| Randy Real |
| James Walker, R. Hill, T. Virga, T. Ventimiglia, J. Stewart, G. Parker, R. Parrilla, Everett W. Fisher, Scott S. Kisser, G. Williams, R. Ramos, D. Baughman, D. Sims, K. Pool, K.M. Pool, S. Hemenway, N. Grannis, D. Till and Director, California Department of Corrections and Rehabilitation |
| 2:2009cv03273 |
| November 20, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
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 Kendall J. Newman on 12/08/15 ordering dispositional documents shall be filed no later than 210 days from the date of the filing of this order. Plaintiff's motion to strike affirmative defenses 90 is termed. If this action is resumed because on or more terms of the settlement are not satisfied, plaintiff is directed to notice the motion for hearing. (Plummer, M)
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Filing
98
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 09/28/15 ordering the 10/23/15 discovery deadline is vacated. The 1/08/15 pretrial motion deadline is vacated. If the case does not settle, within 15 days of the conclusion of s ettlement negotiations or the entry of the Court's ruling on plaintiff's motion to strike, whichever is later, but in no case later than 12/31/15, the parties shall file a joint proposal to reset the discovery and pretrial motion deadlines. (Plummer, M)
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Filing
96
ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/15 ORDERING that the hearing on plaintiffs motion to strike affirmative defenses, currently set for Thursday, August 20, 2015, at 10:00 a.m., in Courtroom No. 25, is vacated. An order addressing the motion to strike will be forthcoming. (Dillon, M)
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Filing
93
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 06/22/15 ordering as to 90 MOTION to STRIKE. ( Motion Hearing set for 8/20/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) (Plummer, M)
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Filing
87
ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/15 ORDERING that within 30 days of the filing of this order, defendant R. Ramos file and serve an answer.(Dillon, M)
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Filing
85
ORDER signed by Magistrate Judge Kendall J. Newman on 1/26/15 denying 76 Motion to Dismiss plaintiff's Fourteenth Amendment due process claim against defendant R. Ramos for failure to provide an investigative employee. The following claims are dismissed with prejudice: (See order for further details). Discovery in this matter is stayed for 60 days from the date of entry of this order. (Plummer, M)
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Filing
81
ORDER signed by Magistrate Judge Kendall J. Newman on 11/03/14 ordering for purposes of the court's internal case monitoring procedures only, the clerk o of the court is hereby directed to designate defendants' motion to dismiss 76 effectively re-filed 10/14/14. (Plummer, M)
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Filing
79
ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/14 granting 78 Motion to Stay. This action is stayed until further order of this court. (Plummer, M)
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Filing
77
ORDER signed by Magistrate Judge Kendall J. Newman on 09/05/14 ordering that plaintiff is not required to file an opposition to defendants' motion to dismiss until further order of this court, after counsel has been appointed on plaintiff's behalf. (Plummer, M)
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Filing
75
ORDER signed by Magistrate Judge Kendall J. Newman on 08/22/14 granting 73 Motion to Appoint Counsel. The clerk of court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept appointment in this action, for the purpose of pursuing this action on plaintiff's behalf through all remaining pretrial and trial proceedings. (cc: ADR Director) (Plummer, M)
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Filing
71
ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/14 ORDERING that Carter C. White is relieved as plaintiffs counsel; the Clerk of the Court shall amend court records to reflect that plaintiff is proceeding pro se; and if he so desires, plaintiff may file a renewed request for appointment of counsel.(Dillon, M)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 07/30/14 ordering ( Response due by 8/19/2014.) (Plummer, M)
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Filing
67
ORDER adopting in part 65 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 9/10/13. Plaintiff's 52 request for appointment of counsel is granted. Plaintiff's 52 motion for reconsideration of this cou rt's order 47 is granted in part. This court's order 47 is amended as follows: a. Defendants Tilton, Baughman, Hemenway, Sims, Virga, Till, Hill, and Parker are dismissed from this action without prejudice; one or more of these defen dants may be re-named in plaintiff's Second Amended Complaint, as appropriate and necessary for plaintiff to pursue the merits of his claims; otherwise, the Second Amended Complaint shall comply with the limitations set forth in the magistrate judge's 43 findings and recommendations. b. The deadline for filing and serving a Second Amended Complaint will be set by the court after counsel has been appointed for plaintiff. The Clerk is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept appointment in this action. (cc: Sujean Park) (Kastilahn, A)
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Filing
65
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/15/2013 LIFTING the stay commenced 7/25/12; GRANTING plaintiff's 56 motion for relief, which seeks the court's substantive review of plaintiff' ;s 4/25/2012 motion for reconsideration; VACATING the 5/30/2012 order; and plaintiff's 4/25/2012 motion for reconsideration is REINSTATED for consideration on the merits; and RECOMMENDING that plaintiff's 52 motion for reconsideration of the court's 3/30/2012 order be denied; plaintiff's 52 request for appointment of counsel be denied; plaintiff be directed to file and serve a Second Amended Complaint within 30 daus, subject to the limitations set forth in the 3/2/2012 findings and recommendations. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
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Filing
62
ORDER signed by Magistrate Judge Kendall J. Newman on 7/25/12; ORDERING that Defendants' 61 request for a stay of this action pending a decision by the Ninth Circuit Court of Appeals on defendants' interlocutory appeal, is GRANTED. This action is STAYED until further order of this court. Plaintiff's 56 request for a stay, which is construed as a request for relief from the court's order 47 , pursuant to Federal Rule of Civil Procedure 60(b), shall remain pending for decision until the stay in this action is lifted. (Kastilahn, A)
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Filing
60
ORDER signed by Magistrate Judge Kendall J. Newman on 6/29/2012 ORDERING that plaintiff shall not file a Second Amended Complaint until further order of this court; within 14 days, defendants shall inform this court in writing, with citations to supporting authority, their responses to the questions asked in this order. (See order for further details) (Yin, K)
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Filing
55
ORDER signed by Magistrate Judge Kendall J. Newman on 05/29/12 ordering plaintiff's request 54 that his motion for relief from the district judge's order 52 be disregarded, is granted; the clerk of court shall note that the subject motion 52 is withdrawn. Plaintiff shall file and serve his second amended complaint within 21 days after service of this order. (Plummer, M)
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Filing
47
ORDER signed by Judge Garland E. Burrell, Jr on 3/30/2012 ORDERING 43 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; 29 Motion to Dismiss is GRANTED IN PART; R. Hill, G. Parker, D. Sims, D. Till, James E. Tilton, T. Virga, D. Baughman and S. H emenway are DISMISSED from this action; the action shall proceed against defendants Ramos, Stewart, Ventimiglia, Parilla, Pool, Grannis, Walker, Fisher, Kisser and Williams; plaintiff's First Amended Complaint is DISMISSED with leave to amend within 30 days; failure to timely file and serve a Second Amended Complaint will result in the dismissal of this action.(Waggoner, D)
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Filing
43
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/1/2012 RECOMMENDING that defendants' 29 motion to dismiss be granted in part; defendants Tilton, Baughman, Hemenway, Sims, Virga, Till, Hill, and Parker be dismisse d from this action; this action potentially proceed against defendants Ramos, Stewart, Ventimiglia, Parilla, Pool, Grannis, Walker, Fisher, Kisser, and Williams; plaintiff's 14 First Amended Complaint be dismissed, with leave to file and serve , within thirty days after the adoption of these findings and recommendations, a Second Amended Complaint limited to the claims and defendants identified herein; and failure of plaintiff to timely file and serve a Second Amended Complaint result in the dismissal of this action. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
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Filing
38
ORDER signed by Magistrate Judge Kendall J. Newman on 05/25/11 ordering plaintiff's motion 37 for a 28 days extension of time within which to file an opposition to defendants' pending motion to dismiss is granted; plaintiff shall file and serve his opposition on or before 06/24/11; defendants may file a reply within 7 days after service of plaintiff's opposition. Plaintiff's motion 32 to file a supplemental complaint is denied. Plaintiff's motion 46 for appointment of counsel is denied without prejudice.(Plummer, M)
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Filing
8
ORDER signed by Magistrate Judge John F. Moulds on 12/22/09 DENYING 1 Motion to Appoint Counsel.(Dillon, M)
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