Carlsson v. McBrien
| Ulf Carlsson |
| Peter J. McBrien |
| 2:2010cv00774 |
| April 1, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Frank C. Damrell |
| Frank C. Damrell |
| Kimberly J. Mueller |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
45
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/21/11 ORDERING that the 43 Motion for Sanctions is DENIED and RECOMMENDING that plf's federal claims be dismissed w/ prejudice and the court decline to exercise supplemental jurisdiction and dismiss plf's state law claim without prejudice. Objections to these F&Rs due w/i 21 days; referred to Judge Frank C. Damrell, Jr. (Benson, A.)
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Filing
35
ORDER signed by Judge Frank C. Damrell, Jr on 2/10/11 ORDERING 24 Findings and Recommendations are adopted in full; 19 Motion to Dismiss is granted in part and denied in part; Plaintiff's 1983 claims against defendant in his official capacit y and for declaratory relief are dismissed with prejudice; Plaintiff's claims against defendant in his individual capacity under 42 U.S.C. 1983 and 1988 are dismissed w/out prejudice, with leave to amend; The motion to dismiss as to the state law claim is denied; and Plaintiff has thirty days from the entry of this order in which to file an amended complaint.(Matson, R)
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Filing
34
ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/2011 ORDERING 30 The motion to compel and for sanctions is DENIED without prejudice. The joint 31 motion to modify the pre-trial scheduling order is DENIED; In the event the court adopts [ 24] the findings and recommendations, the first amended complaint will be considered properly filed as of 1/12/2011; dft will have 14 days from the adoption of the F & R's in which to respond to the first amended complaint. The current 20 scheduling order, is VACATED. (Reader, L)
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Filing
24
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 12/19/10 RECOMMENDING that 19 MOTION to DISMISS be granted in part and denied in part; Plaintiffs section 1983 claims against defendant in his official capacity and for declaratory relief should be dismissed with prejudice; Plaintiffs claims against defendant in his individual capacity under 42 U.S.C. §§ 1983 and 1988 should be dismissed without prejudice, with leave to amend; The motion to dismiss as to the state law claim should be denied; Plaintiff be given thirty days from any order adopting these recommendations in which to file an amended complaint. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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Filing
20
ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/12/10 ORDERING that Deft's 12 Motion to Set Aside entry of default is GRANTED; Clerk is diected to set aside the 9 Entry of Default. Pltf's opposition to the 19 Motion to Dism iss is due no later than 11/24/10. Deft's reply due no later than 12/1/10. If the 19 Motion is denied, discovery shall be completed by 2/11/11. Dispositive motions shall be noticed by 4/11/11. Date for the pre-trial conference and for trial remain as set by the scheduling order of 8/12/10. Pltf's 10 Motion for Default Judgment is DENIED as moot. (Owen, K)
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Filing
8
ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/12/10, ORDERING the Clerk to enter default against dft. Pltf has 60 days from the entry of this order in which to file a motion for default judgment. If the case proceeds after the 60 day per iod set in number 2 of this order, initial disclosures shall be made within 90 days of entry of this order. Discovery shall be completed BY 12/3/2010. Dispositive motions, other than discovery motions, shall be noticed to be heard BY 2/25/2011. The pretrial conference is SET for 6/10/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. Trial is SET for 9/13/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. (Kastilahn, A)
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| Plaintiff: Ulf Carlsson | |
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| Defendant: Peter J. McBrien | |
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