Andre-Gollihar v. County of San Joaquin, et al
| Sandra Andre-Gollihar |
| County of San Joaquin, San Joaquin County Sheriff's Department, State of California and California State Department of Corrections and Rehabilitation |
| 2:2009cv03313 |
| November 30, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Morrison C. England |
| Kendall J. Newman |
| P.I.: Other |
| No cause code entered |
| Plaintiff |
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Filing
106
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/12/13 RECOMMENDING the entire action be dismissed with prejudice; and that the Clerk of Court be directed to close this case. IT IS ALSO HEREBY ORDERED that an y dates or deadlines in this action are VACATED. Any discovery or motion practice in this action is STAYED pending the district judge's resolution of the findings and recommendations. Other than objections to the findings and recommendations a nd motions for emergency relief, the court will not entertain any motions until the findings and recommendations have been resolved by the district judge. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
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Filing
104
ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/2013 ORDERING that Defendants' 90 and 91 Motions to Dismiss are GRANTED. Plaintiff's 63 fourth amended complaint is DISMISSED, but with leave to amend as outlined in this o rder. Plaintiff shall file any fifth amended complaint in compliance with the specific requirements of this order no later than 12/12/2013. Alternatively, plaintiff may file a request for dismissal of the action no later than 12/12/2013. No furthe r extensions of time will be granted. If plaintiff elects to file a fifth amended complaint, the court will issue a separate order setting a deadline by which defendant Semillo's response would be required. Failure to file either a compliant fifth amended complaint or a request for dismissal of the action by the required deadline will result in a recommendation that the action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Zignago, K.)
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Filing
96
ORDER adopting 89 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 10/2/13: Any claims by the minor plaintiffs (Catherine Belle Gollihar, Anthony Joseph Gollihar, and Casey Joseph Gollihar) are DISMISSED WITHOUT PREJUDICE. Any claim against the California Department of Corrections and Rehabilitation is DISMISSED WITH PREJUDICE. (Kaminski, H)
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Filing
94
ORDER granting 93 Motion for Extension of time signed by Magistrate Judge Kendall J. Newman on 8/27/13: HEARING as to 90 MOTION to DISMISS and 91 MOTION to DISMISS CONTINUED to 11/21/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)
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Filing
89
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/26/2013 ORDERING that plaintiffs' 82 , 81 , 86 , 87 miscellaneous requests for an extension of time to obtain counsel, for the appointment of counsel , for an order requiring defendants to turn over documents and evidence related to the underlying incident are DENIED; plaintiffs' requests for further leave to amend the complaint is DENIED; defendants may re-notice their previously-filed motio ns to dismiss for a hearing in accordance with this order, plaintiffs shall file an opposition or statement of non-opposition to the motions within 30 days of the filing of the notices of motion, defendants reply due within 7 days after the filing of the opposition; and RECOMMENDING that any claims by the minor plaintiffs be dismissed without prejudice; and any claim against the CDCR be dismissed with prejudice. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
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Filing
85
ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/2013 ORDERING a Status Conference set for 7/25/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Status Reports, preferably a joint status report, is due by 7/18/2013. Clerk shall serve a copy of the 6 Order on plaintiffs. (Donati, J)
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Filing
75
ORDER signed by Chief Judge Morrison C. England, Jr on 1/9/13. By Order filed 12/20/12 74 , this Court set aside the judgment in this matter previously entered against Plaintiff on 6/19/12 70 . In addition to that set aside, the Court further issu ed an order to show cause as to why Plaintiff's counsel, Francis Shehadeh, should not be sanctioned for failing to comply with court orders and for unnecessarily duplicating these proceedings. A hearing on the order to show cause was set for 1/ 10/13, and Shehadeh was ordered to file a written response to the order to show cause not later than seven (7) days prior to the hearing date. Shehadeh has filed nothing and thus has again disregarded an express order of this Court. Given Shehadeh&# 039;s failure to respond, as well as the shortcomings already detailed in the Court's Order of 12/20/12, sanctions are imposed against Francis Shehadeh, personally, in the amount of $1,500.00. That sanction shall be paid to the Clerk of Co urt not later than fourteen (14) days following the date of this Order. In addition, since the sanctions issued are in excess of $1,000.00, Shehadeh is ordered to report this matter to the State Bar of California. Francis Shehadeh's condu ct herein also compels the Court to terminate his representation of Plaintiff. Shehadeh is consequently terminated as counsel of record, effective immediately. Since that termination leaves Plaintiff representing herself in pro se, Plaintiff shall notify the Court not later than sixty (60) days following the date of this order as to whether she has been successful in retaining new counsel. In order to afford Plaintiff that opportunity, in the meantime, Defendants are directed to refrain from renewing any motion to dismiss or other dispositive motion in this matter. Given the foregoing, the 1/10/13 hearing in this matter is hereby vacated. (cc Financial Department) (Becknal, R)
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Filing
61
ORDER signed by Judge Morrison C. England, Jr., on 9/20/11 ORDERING that Defendants' 47 , 48 Motions to Dismiss the SAC are GRANTED with a final leave to amend. Plaintiffs may file a Fourth Amended Complaint, but no other leave to amend will be given. Defendants' 55 , 56 Motions to Strike are GRANTED as to any reference in ANY complaint of the Decedent as a Plaintiff in the action, and are otherwise DENIED as moot. (Kastilahn, A)
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Filing
52
ORDER signed by Judge Morrison C. England, Jr., on 5/13/11, GRANTING Sandra Andre-Gollihar's Petition for Appointment of Guardian ad Litem for Catherine Belle Gollihar 39 . (Kastilahn, A)
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 3/25/11 ORDERING that this matter, including the amended petition to appoint a guardian ad litem for plaintiff Catherine Belle Gollihar, is referred to the United States District Judge assigned to this action. All dates pending before the undersigned are vacated. Henceforth the caption on documents filed in this action shall be No. 2:09-cv-03313 MCE KJN. (Becknal, R)
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Filing
34
ORDER signed by Magistrate Judge Kendall J. Newman on 1/21/11 ORDERING the motion to dismiss filed by defendant County of San Joaquin Sheriff'sOffice (Dkt. No. 22) is granted; Plaintiff's First Amended Complaint is dismissed without prejudi ce, and plaintiff is granted leave to file an amended complaint consistent with this order; Plaintiff shall have 60 days from the date of entry of this order w/in which to file and serve a further amended complaint entitled "Second Amended Complaint." All defendants shall file respective answers or other responses to the Second Amended Complaint w/in 30 days of being served with the Second Amended Complaint.(Matson, R)
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Filing
27
ORDER signed by Magistrate Judge Kendall J. Newman on 12/6/2010 ORDERING the hearing on the County's motion to dismiss, which is presently set for December 16, 2010, is continued until January 20, 2011. Plaintiff shall file a written opposition to the Sheriff's Office's motion to dismiss, or a statement of non-opposition thereto, on or before December 30, 2010. Plaintiff's failure to file a written opposition shall be deemed a statement of non-opposition to the pending moti on, and shall constitute an additional ground for the imposition of appropriate sanctions,including a recommendation that plaintiff's case be involuntarily dismissed. The Sheriff's Office may file a written reply to plaintiff's opposition, if any, on or before January 13, 2011.(Matson, R)
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Filing
20
ORDER signed by Magistrate Judge Kendall J. Newman on 10/1/2010 ORDERING the OSC entered 9/20/2010 (Dkt. No. 16), is discharged. Plaintiff's First Amended Complaint (Dkt. No. 18) is deemed to be timely filed and will serve as the operative plead ing in this matter. The hearing on defendant San Joaquin County Sheriff's Office's motion to dismiss (Dkt. No. 14), presently set for 10/21/2010, is vacated in light of the filing of the First Amended Complaint. Service of the First Amende d Complaint is proper on the following defendants that have not yet appeared in this action: County of San Joaquin, "Mrs. Brascino," "Mr. Carter," and Robert Semillo. The Clerk is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure. The Clerk shall send plaintiff four USM-285 forms, one summons, an endorsed copy of the First Amended Complaint (Dkt. No. 18), this court's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes. Plaintiff shall send appropriate paperwork to the U.S. Marshal w/in 30 days from the date this order is filed. (cc USM) (Matson, R)
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Filing
16
ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/10 ODRERING that the Hearing on deft's 14 Motion to Dismiss is CONTINUED to 10/21/2010 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The Pretrial Schedul ing Conference is CONTINUED to 11/18/2010 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. It is further ORDERED that pltf shall SHOW CAUSE, no later than 9/30/10, why sanctions should not be imposed for pltf's failure to prosecute and failure to file an opposition of statement of non-opposition. Pltf shall file a written opposition or statement of non-opposition on or before 10/7/10. (Owen, K)
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Filing
13
ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/10 ORDERING the ORDER TO SHOW CAUSE 10 is DISCHARGED; pltf's renewed request for appointment of counsel is DENIED; pltf's request to conduct discovery is DENIED. (Carlos, K)
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Filing
10
ORDER signed by Magistrate Judge Kendall J. Newman on 7/8/2010 ORDERING Within 14 days of the date of service of this order, plaintiff shall file a written statement with the court showing good cause why her lawsuit should not be dismissed for failure to prosecute and failure to comply with the court's order. Plaintiff's failure to file the required writing shall constitute additional grounds for dismissal of this action. (Reader, L)
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Filing
9
ORDER signed by Judge Morrison C. England, Jr on 5/11/10 ORDERING that the Proposed FINDINGS AND RECOMMENDATIONS filed 4/6/10 6 are ADOPTED; and Plaintiff's claims are DISMISSED with prejudice as to Defendants State of California and the California State Department of Corrections and Rehabilitation and they are DISMISSED from this action. (Mena-Sanchez, L)
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Filing
6
ORDER & FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/6/10: ORDERING that plaintiff's request to proceed in forma pauperis is granted 2 . Service of plaintiff's complaint is appropriate for the following tw o defendants: the County of San Joaquin and the San Joaquin County Sheriff's Department. The Clerk of the Court is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure 4. The Clerk of Court shall send plaintiff tw o USM-285 forms, one summons, an endorsed copy of the complaint, this court's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes. Plaintiff's request to add Anthony Joseph Gollihar, Casey Joseph Gollihar, and Catherine Belle Gollihar as plaintiffs in this action is denied 3 . 4 . Plaintiff's requests for the appointment of counsel are denied without prejudice 3 , 4 . RECOMMENDING that plaintif f's claims be dismissed with prejudice as to defendants the State of California and the California Department of Corrections and Rehabilitation and, accordingly, that the State of California and the California Department of Corrections and Rehabilitation be dismissed from this action. Objections to F&R due within fourteen days. (Kaminski, H)
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