Newman et al v. San Joaquin Delta Community College District et al
Plaintiff: Shirley Newman and Anthony Butler
Defendant: San Joaquin Delta Community College District, Daniele Ruley and James Wood
Case Number: 2:2009cv03441
Filed: December 11, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Presiding Judge: William B. Shubb
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
March 2, 2012 Opinion or Order Filing 251 STIPULATION and ORDER signed by Judge William B. Shubb on 3/1/12 DISMISSING action WITH PREJUDICE. Case Terminated. CASE CLOSED. (Meuleman, A)
February 22, 2012 Opinion or Order Filing 249 STIPULATION and ORDER signed by Judge William B. Shubb on 2/21/2012 ORDERING 248 Status Conference Reset for 3/5/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Reader, L)
February 3, 2012 Opinion or Order Filing 246 STIPULATION and ORDER 245 signed by Judge William B. Shubb on 2/2/12; Good cause appearing upon the stipulation of the parties, it is hereby ordered that the Status Conference shall be continued until February 21, 2012, at 2:00 p.m., and further, that the parties shall file the stipulated dismissal by February 15, 2012. Further, should the dismissal be filed by February 15, 2012, then the Status Conference of February 21, 2012, shall be automatically vacated.(Matson, R)
October 19, 2011 Opinion or Order Filing 215 STIPULATION and ORDER 210 signed by Judge William B. Shubb on 10/18/11 amending the Final Pre-Trail Order 206 : Plaintiffs shall lodge and serve jury instructions and verdict forms no later than 12/12/11. Defendants shall file and serve any object ions to the plaintiffs' jury instructions, copies of instructions requested by defendants, and verdict forms no later than 12/23/11. Plaintiffs shall file any objections to defendants' proposed instructions and verdict forms, no later than 1/4/12. The parties shall submit proposed jury voir dire questions, no later than 1/4/12. The parties shall file trial briefs no later than 12/12/11. The parties may file oppositions to motions in limine, no later than 12/19/11. The parties shall e xchange exhibits no later than 12/12/11. The parties may file and serve objections to exhibits no later than 1/6/12. The parties shall file and serve the designation no later than 12/5/11. The parties may file and serve the counter-designation and evidentiary objections no later than 12/19/11. The parties may file the evidentiary objections to counter-designation no later than 1/6/12. (Kastilahn, A)
August 31, 2011 Opinion or Order Filing 191 MEMORANDUM and ORDER signed by Judge William B. Shubb on 8/31/2011 ORDERING that Delta College and Ruley's 124 motion for summary judgment or partial summary judgment be, and the same hereby is, DENIED. It is further ordered that Wood's 117 motion for summary judgment or adjudication be, and the same hereby is, DENIED. (Duong, D)
August 29, 2011 Opinion or Order Filing 188 ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/11 ORDERING 114 Motion is GRANTED IN PART; Counsel for the parties and Dr. Gregorius shall agree on a date for Dr. Gregorius's prompt deposition. In the absence of an agreement of coun sel, Dr. Gregorius's deposition shall be taken no later than September 9, 2011, and preferably no later than September 2, 2011, because a final pre-trial conference is currently scheduled to take place on The deposition of Dr. Gregorius shall be limited to three hours in length. The deposition of Dr. Gregorius shall be substantively limited to the following topics: a. Dr. Gregorius's care and treatment of plaintiff Shirley Newman since Dr. Gregorius's September 17, 2009 depositio n in this case. b. Dr. Gregorius's opinions, as Ms. Newman's current treating physician, regarding his current diagnosis and prognosis for Ms. Newman and Ms. Newman's need for future treatment and care. c. Dr. Gregorius's communic ations with, including opinions shared with, plaintiffs' retained expert Ruth Swiggum, of Swiggum Med-Legal Consultants. d. Whether Dr. Gregorius has received any information since his September 17, 2009 deposition that pertains to Ms. Newman, a nd whether Dr. Gregorius's consideration of that more recently acquired information altered or changed Dr. Gregorius's opinion regarding the cause or causes of Ms. Newman's alleged conditions or injuries. Dr. Gregorius may be asked qu estions regarding why his opinion regarding causation was, or was not, affected by consideration of the more recently acquired information. 5. None of the parties shall be awarded reasonable expenses incurred in bringing, or defending against, the motion. (Matson, R)
July 8, 2011 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2011 DENYING 100 Motion for Protective Order and Monetary Sanctions. Neither party shall be awarded reasonable expenses incurred in bringing, or defending against, the motion. (Zignago, K.)
June 17, 2011 Opinion or Order Filing 107 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/17/2011 ORDERING Discovery is EXTENDED to 6/15/2011; that all other dates established by the amended Scheduling Order 62 , shall remain unchanged; Motion Hearing re 100 Motion for Protective Order and for Monetary Sanctions is CONTINUED to 7/7/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; the Joint Statement required by Local Rule 251 shall be filed no later than 6/30/2011, at 5:00 PM.(Reader, L)
May 6, 2011 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/11, ORDERING that plaintiffs' request for judicial notice is DENIED. Defendant San Joaquin Delta Community College District's motion for a protective order 95 is GRANTED. Plaintiffs may not copy, inspect, or otherwise attempt to obtain the employment records of defendant Daniele Ruley from her current employer, Gallo Winery and/or the Gallo family. (Kastilahn, A)
April 8, 2011 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/11, ORDERING that Defendant San Joaquin Delta Community College District's 8 motion to compel a further response to Interrogatory No. 8 of its first set of interrogatories, is DENIED as MOOT. The parties shall bear their own fees and costs in connection with the motion to compel. (Kastilahn, A)
February 15, 2011 Opinion or Order Filing 81 ORDER signed by Magistrate Judge Kendall J. Newman on 02/14/11 GRANTING 53 Motion to Compel Independent Medical Examination; DENYING 76 Request for Judicial Notice. (Williams, D)
January 12, 2011 Opinion or Order Filing 67 STIPULATION and ORDER re Physical Examination of Shirley A. Newman signed by Magistrate Judge Kendall J. Newman on 1/11/11. (Kaminski, H)
January 10, 2011 Opinion or Order Filing 64 AMENDED STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 01/7/11 ORDERING that 63 the Amended Stipulated Protective Order is APPROVED; any request to submit confidential material to the court under seal shall be made separately and comply with this court's Local Rules, including Local Rule 141. (Benson, A.)
December 27, 2010 Opinion or Order Filing 62 STIPULATION and ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER signed by Judge William B. Shubb on 12/21/2010 ORDERING extpert disclosures due by 4/29/2011. Rebuttal experts disclosure due by 5/27/2011. Discovery cut-off is 6/28/2011. Dispositive motions due by 7/29/2011. Final Pretrial Conference set for 9/19/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 11/8/2011 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Zignago, K.)
December 20, 2010 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Kendall J. Newman on 12/17/2010 ORDERING that the parties' 59 Stipulated Protective Order is not approved, but without prejudice to the refiling of a sufficient proposed stipulated protective order. (Zignago, K.)
September 14, 2010 Opinion or Order Filing 48 ORDER signed by Judge William B. Shubb on 9/13/2010 ORDERING 41 Motion to Dismiss is denied and 41 Motion to Strike the reference to Doe defendants is granted. (Matson, R)
May 27, 2010 Opinion or Order Filing 39 MEMORANDUM AND ORDER signed by Judge William B. Shubb on 5/27/2010 ORDERING 26 that Wood's motion to dismiss the SAC as to the claims against him be, and the same hereby is, GRANTED with respect to Newman's battery, Sec 1983, intentional infliction of emotional distress, negligent infliction of emotional distress, Rehabilitation Act, ADA, UCRA, and injunctive relief claims and Butler's injunctive relief claim and DENIED in all other respects. Plaintiffs have 20 days from the date of this Order to file an amended complaint, if they can do so consistent with this Order. (Reader, L)
May 19, 2010 Opinion or Order Filing 36 ORDER signed by Judge William B. Shubb on 5/18/2010 ORDERING that the Amended Answer to Second Amended Complaint and Demand for Jury Trial of defendant SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT, may be filed within twenty (20) days of the entry of this order.(Matson, R)
May 13, 2010 Opinion or Order Filing 33 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 5/12/10: Discovery due by 6/28/2010. Dispositive Motions filed by 5/30/2011. Final Pretrial Conference set for 8/8/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 10/4/2011 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)
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Plaintiff: Shirley Newman
Represented By: Kenneth N. Meleyco
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Plaintiff: Anthony Butler
Represented By: Kenneth N. Meleyco
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Defendant: San Joaquin Delta Community College District
Represented By: J. Anthony Abbott
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Defendant: Daniele Ruley
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Defendant: James Wood
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