Benson v. Davis Enterprise Newspaper et al
| Jeremy Benson |
| Davis Enterprise Newspaper, Foy S. McNaughton, R. Burt McNaughton and Debbie Davis |
| 2:2010cv00124 |
| January 14, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Yolo |
| Edmund F. Brennan |
| John A. Mendez |
| Assault Libel & Slander |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
238
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/29/16 RECOMMENDING that defendants motion for summary judgment (ECF Nos. 220 , 221 ) be granted, that judgment be entered in defendantsfavor, and that the case be closed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
230
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/2/2015 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Kevin Schwin is GRANTED. (Crouch, J)
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Filing
227
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 7/27/15 ordering the custodian to produce Jeremy Jamison on 4/21/16 at 9:00 a.m. in courtroom 26 before Magistrate Judge Allison Claire. Custodia n is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: AC and OTCD)(3 certified copies sent to the Warden, Valley State Prison)(Plummer, M) Modified on 7/28/2015 (Plummer, M).
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Filing
225
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 7/16/2015 and agreed between the parties to modify the scheduling order. The Dispositive motions deadline is continued to 12/16/2015. Final Pretrial Conference is set for 6/9/2 016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Pretrial statements shall be filed no later than 21 days before the Pretrial Conference. Trial is set for 7/25/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Yin, K)
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Filing
218
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/27/2015 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Kevin Schwin is GRANTED. (Crouch, J)
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Filing
215
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/12/15 ORDERING that Defendants motion to sever claims and defendants 205 is granted to the extent that plaintiffs claims against defendants Garza and Rodriguez are severed from this action and shall proceed in a new action, with the statute of limitations held in abeyance. All dates in the courts April 7, 2014 scheduling order 203 remain in effect. Within 7 days, plaintiff shall file an amended complaint.(Dillon, M)
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Filing
212
ORDER denying 206 Motion to Compel without prejudice and dropping the hearing from calendar for failure to timely file a joint statement re: discovery disagreement. Signed by Magistrate Judge Edmund F. Brennan on 3/5/15. (Hinkle, T)
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Filing
209
STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 2/26/15.(Dillon, M)
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Filing
195
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/03/13 ordering plaintiff's pro se motions 182 , 183 , 184 , 185 , 186 , 191 , 192 are denied. Discovery is opened for the limited purpose of allowing plaintiff to obtain information ne cessary to identify and locate defendants Garza and Rodriguez. Discovery in this regard shall be completed no later than 90 days from the date of this order. Within 21 days thereafter, all parties, including defendants Bailey, Shaid, Johnson, State of California and California Department of Corrections and Rehabilitation, shall submit a joint status report, including a proposed schedule for further proceedings in this action. (Plummer, M)
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Filing
188
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/17/13 ordering plaintiff's counsel shall submit a status report within 7 days explaining whether defendants have been served and if not, what efforts he has made to serve them. If servic e has not been completed, plaintiff shall show cause why the claims against those defendants should not be dismissed. Counsel for plaintiff shall, within 7 days, inform the court whether he has been able to communicate with plaintiff regarding the pending motions. Counsel shall also inform the court as to whether he intends to modify or supplement plaintiff's motions with any additional briefing. (Plummer, M)
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Filing
180
SUBSTITUTION OF COUNSEL AND ORDER signed by Magistrate Judge Edmund F. Brennan on 1/04/13 ordering David Carrasco is subsituted as counsel in place of attorney Martha M. Stringer for defendant Bailey. (Plummer, M)
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Filing
153
ORDER signed by Judge Kimberly J. Mueller on 3/21/12 ADOPTING in full 140 FINDINGS AND RECOMMENDATIONS; DENYING as moot 132 Motion to Dismiss; ADOPTING 122 Stipulation for Injunctive Relief; and DENYING as moot 104 , 114 , and 118 Motions for Preliminary Injunction. (Meuleman, A)
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Filing
152
ORDER DENYING Request for Authority to Incur Costs by appointed Pro Bono counsel, without prejudice. Signed by Magistrate Judge Edmund F. Brennan on 1/24/2012. (Crouch, J)
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Filing
150
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/2012 and agreed between the parties to VACATE the 125 Scheduling Order. The court will schedule further pretrial proceedings or set a status conference, as appropriate. (Yin, K)
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Filing
142
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/16/11 ORDERING that: Within 30 days of service of this order, plaintiff may file a third amended complaint through counsel to attempt to cure the deficiencies explained in this order. Plaintiff is not obligated to amend his complaint. If plaintiff does not file a third amended complaint, the court will recommend that his § 1985, Cal. Civ. Code §§ 52.1 and 52, and A.D.A. claims against Yolo County be dismissed. The allegation s in plaintiffs second amended complaint through counsel are sufficient at least to state cognizable claims against defendants Shaid, Bailey, Johnson, the State of California, and the California Department of Corrections. See 28 U.S.C. § 1915A. If plaintiff does not file a n amended complaint, defendants must respond to the second amended complaint within 21 days after plaintiffs time for doing so expires. (Dillon, M)
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Filing
140
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/22/11 ORDERING plaintiff's request to amend his complaint is granted. Within 3 days of the date of this order, plaintiff shall file his second amended com plaint through counsel as a separate docket entry. The hearing on defendants' motion to dismiss which is currently set for 09/28/11 is vacated. Also, RECOMMENDING that defendants' motion to dismiss be denied as moot. MOTION to DISMISS 132 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
137
ORDER signed by Judge Kimberly J. Mueller on 8/30/11 ORDERING 68 Findings and Recommendations are adopted in full; The magistrate judge's order filed July 19, 2010, is affirmed; Plaintiff's motion for a preliminary injunction is denied; Plaintiff's motion for default judgment is denied, and the Clerk is directed to terminate ECF Nos. 48 , 50 and 53 .(Matson, R)
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Filing
128
ORDER ADOPTING 84 and 107 FINDINGS AND RECOMMENDATIONS signed by District Judge Kimberly J. Mueller on 8/2/2011 DENYING 60 , 73 and 86 Motions for Injunctive Relief. (Michel, G)
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Filing
115
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/13/2011. Within 14 days of date of this Order, parties shall submit a Stipulation and Order resolving issues raised in plaintiffs pro se 114 Emergency Motion for Injunctive Relief. Or, plaintiffs counsel shall, after conferring with his client, withdraw the Motion. Failure to comply with Order may result in imposition of sanctions. (Marciel, M)
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Filing
110
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/30/11 ORDERING that within 7 days of the date of this order, plaintiffs counsel shall explain to the court what steps he has taken to communicate with his client, and on how many occasions they have communicated; why he has not yet appeared in this action; whether plaintiffs pro se motion for preliminary injunction should be noticed for hearing and/ or granted, and if not, why not; whether he has met and conferred with opposing counsel, and if so, when; whether he has begun conducting discovery; what other efforts he has made thus far to further his clients case; and whether he intends to seek leave to file an amended complaint and/ or a modification of the discovery and scheduling order. Clerk of the Court is directed to serve a copy of this order upon plaintiff at his Yolo County Jail address.(Dillon, M)
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Filing
107
DISCOVERY AND SCHEDULING ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/21/11 ORDERING plaintiff's request to compel documents 93 is denied. Plaintiff's motion for an extension of time 93 is g ranted as follows: The parties may conduct discovery until 09/29/11. Motions to amend the complaint shall be filed no later than 09/29/11. Dispositive motions shall be filed on or before 12/22/11. Also, RECOMMENDING that plaintiff's 12/03/10 motion for injunctive relief be denied; and plaintiff's 03/10/11 motion for injunctive relief be denied. MOTION for TEMPORARY RESTRAINING ORDER 60 and MOTION for injunctive relief 86 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M) Modified on 6/21/2011 (Plummer, M).
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Filing
101
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/11/11 ORDERING pltf's request for appointment of counsel 93 GRANTED; Kevin Schwin is APPOINTED to represent pltf; clerk is directed to serve a copy of this order upon Kevin Schwin. (Carlos, K)
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Filing
84
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/9/11 ORDERING that plaintiffs motions to submit evidence are denied; Plaintiffs motion for discovery is denied; Plaintiffs motion to dismiss is denied as unneces sary; Plaintiffs motion for appointment of counsel is denied; Plaintiffs motion for separate trial issues is denied; The Clerk is directed to terminate dckt. nos. 61 , 63 , 64 , 65 , 66 , 67 , 72 , 75 , 77 , 78 , 80 and 82 ; and defendan ts are ordered to submit an opposition or a statement of no opposition to plaintiffs 12/3/10 filing styled Motion for Temporary Restraining Order within seven days of the date of this order. Plaintiff may submit a reply brief within seven days ofdefendants filing. It is RECOMMENDED that plaintiffs 73 motion forinjunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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Filing
68
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/9/2010 ORDERING Plaintiff's motions for discovery are DENIED; pltf's motion to amend his complaint is DENIED as unnecessary, and the Clerk is directed to TERMINATE 46 , 49 , and 52 . RECOMMENDED that pltfs motion for a preliminary injunction be denied, pltf's motion for default judgment be denied; and the Clerk be directed to terminate 48 , and 53 ; Objections due 14 days after being served with these F & R's. (Reader, L)
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Filing
44
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/2010 ORDERING Claims against all defendants except for Bailey, Shaid, and Johnson are dismissed w/leave to amend. W/in 30 days of service of this order, plaintiff may file a third amended com plaint to attempt to state cognizable claims. Plaintiff is not obligated to amend his complaint. The allegations in the pleading are sufficient at least to state cognizable claims against defendants Bailey, Shaid, and Johnson. The Clerk to provide plaintiff a blank summons, a copy of the complaint filed 7/26/2010, 3 USM-285 forms and an instruction sheet. Motions 33 34 36 37 and 41 are terminated.. (Matson, R)
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Filing
32
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/19/2010. The 1 11 Complaint is DISMISSED with leave to amend w/in 30 days. Plaintiff's 24 Motion to Amend the Complaint is DENIED as unnecessary. Plaintiff's 12 19 20 Motions for Appointment of Counsel; 13 23 to Compel Discovery; 14 for an Injunction; 15 17 23 for Removal from DVI; for a 18 22 27 30 Protective Order; and for 31 Temporary Restraining Order are all DENIED. (Marciel, M)
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Filing
7
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jeremy Benson signed by Magistrate Judge Edmund F. Brennan on 04/22/10. The agency in custody of the plaintiff shall forward monthly payments to the clerk until the $350.00 filing fee is paid in full. (cc: financial)(Williams, D)
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