Heilman v. Sanchez
Plaintiff: Thomas John Heilman
Defendant: L. Sanchez
Case Number: 2:2010cv01120
Filed: May 6, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Dale A. Drozd
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant
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Date Filed Document Text
November 29, 2018 Opinion or Order Filing 155 ORDER signed by Magistrate Judge Deborah Barnes on 11/28/2018 ORDERING that within 7 days of the date of this order counsel for defendant shall file the parties' settlement agreement and the related stipulation for voluntary dismissal of this action as a separate, dispositive pleading. (Huang, H)
November 2, 2018 Opinion or Order Filing 153 ORDER signed by Magistrate Judge Deborah Barnes on 11/02/18 DENYING 152 Motion to Stay. Within 7 days of the date of this order, counsel for defendant Sanchez shall inform the court of the status of this action and of the related settlement agreement. (Plummer, M)
July 9, 2018 Opinion or Order Filing 151 ORDER signed by Magistrate Judge Deborah Barnes on 7/6/2018 DENYING 150 Motion for Reconsideration and Request to Hold in Abeyance Any Pending Decisions in this Case. (Henshaw, R)
June 12, 2018 Opinion or Order Filing 149 ORDER signed by Magistrate Judge Deborah Barnes on 6/11/2018 ORDERING plaintiff's 144 motion to modify/reopen discovery is DENIED as moot in light of the parties' agreement on 4/13/2018 in Heilman v. Silva, No. 13-cv-2984 JLS AGS (S.D. Cal.) to settle the instant matter; defendants' 147 motion to strike plaintiff's 5/16/2018 request for the status of his motion to modify/reopen discovery is GRANTED; plaintiff's 145 request for status of his motion to modify/ reopen discovery is STRICKEN as improperly before the court and not filed in good faith given the pending settlement agreement in Heilman v. Silva; and plaintiffs 148 motion to stay the instant proceedings or in the alternative, to vacate the settlement agreement in Heilman v. Silva is also STRICKEN as improperly before the court and not filed in good faith. (Yin, K)
March 27, 2018 Opinion or Order Filing 142 ORDER signed by Magistrate Judge Deborah Barnes on 3/27/2018 DENYING without prejudice 109 Motion to Appoint Counsel; DENYING without prejudice 115 and 125 Requests for Subpoenas Duces Tecum; GRANTING IN PART AND DENYING IN PART Plaintiff' ;s 6/26/2017 "reply" to Defendant's Opposition to Plaintiff's Motion to Compel 113 as follows: Plaintiff's request therein to withdraw Motion to Compel 113 without prejudice is GRANTED and Plaintiff's request therein that he be permitted to refile his Motion to Compel is DENIED without prejudice; DENYING without prejudice 120 "Motion to Modify" requesting the issuance of subpoena duces tecum; DENYING without prejudice 122 Motion to Compel Discov ery; DENYING without prejudice 128 Motion to Compel Supplemental Responses; DENYING with prejudice 130 Request for Judicial Notice; DENYING 132 Motion for Documents, Records and Information; DENYING with prejudice 134 Motion to Change Ve nue; and DENYING as MOOT 129 , 135 , 137 , and 141 Requests for Court Rulings and/or Status. Within 3 days of the date of this order, each party is to inform the court if he does NOT wish to participate in the settlement conference scheduled for 4/4/2018.. (Henshaw, R)
February 8, 2018 Opinion or Order Filing 140 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 02/07/18 ORDERING the Custodian to produce Thomas John Heilman via videoconference on 04/04/18 at 9:00 a.m, in courtroom 25 before Magistrate Judge K endall J. Newman. Custodian 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. (cc: I.T. Dept, Sacramento and KJN)(Plummer, M)
January 24, 2018 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Deborah Barnes on 1/24/18 ORDERING ( Settlement Conference set for 4/4/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The parties are directed to exchange non-confidential settleme nt statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: kjnorders@caed.uscourts.gov. Plaintiff shall mail his non-confidential settlement sta tement Attn: Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814 so that it arrives at least seven (7) days prior to the settlement conference. The envelope shall be marked SETTLEMENT STATEMENT. The date and time of the settlement conference shall be prominently indicated on the settlement statement. (cc: KJN) (Plummer, M)
June 20, 2017 Opinion or Order Filing 117 ORDER signed by Magistrate Judge Deborah Barnes on 06/19/17 ordering that plaintiff's motions for issuance of subpoenas 110 , 111 , 112 and 114 are denied without prejudice. (Plummer, M)
January 9, 2017 Opinion or Order Filing 104 ORDER signed by District Judge John A. Mendez on 1/6/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/16/16 85 are ADOPTED in full; The MOTION (ECF No. 64 ) is DENIED without prejudice as to the First Amendment retaliation claim, DENIE D as to the First Amendment access-to-court claim, and the MOTION is DENIED on grounds of qualified immunity; The FINDINGS AND RECOMMENDATIONS filed 10/21/16 (ECF No. 99 ) are ADOPTED in full; and The MOTION 64 is GRANTED for failure to exhaust administrative remedies as to the 5/4/09, incident and this claim is dismissed with prejudice. (Mena-Sanchez, L)
December 8, 2016 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Deborah Barnes on 12/07/16 ordering plaintiffs motions for a discovery and scheduling order 97 , 98 and 102 are denied without prejudice; that plaintiffs motion to strike 98 is denied; and that plaintiffs motion for courts ruling in this action 100 is denied. (Plummer, M)
October 21, 2016 Opinion or Order Filing 99 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/20/16 ORDERING defendant's motion for an extension of time 92 is granted. Defendant's reply is deemed timely filed. Also, RECOMMENDING that defendant 's 2/17/16 motion for summary judgment for failure to exhaust administrative remedies as to the 5/04/09 incident 64 be granted and this claim dismissed with prejudice. Motion for Summary Judgment 64 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
June 16, 2016 Opinion or Order Filing 85 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/16/16 ORDERING Defendants December 11, 2015, motion for extension of time 59 is granted; Defendants February 17, 2016, motion for summary judgment 64 is de emed timely filed. Plaintiffs March 7, 2016, motion to stay the summary judgment motion or, in the alternative, an extension of time to file an opposition 73 is granted in part. Plaintiff shall file an opposition to defendants motion for summary ju dgment for failure to exhaust administrative remedies within thirty days from the date of this order. As noted, the court will reserve issuing a recommendation on defendants motion for summary judgment at this time insofar as it is based on exhaustio n of administrative remedies. Defendants motion to stay discovery 75 is denied. Also, RECOMMENDING that that defendants motion for summary judgment 64 be denied in part as follows: The motion be denied without prejudice to its renewal as to the F irst Amendment retaliation claim. The motion be denied as to the First Amendment access-to-court claim. The motion be denied on grounds of qualified immunity. Motion for Summary Judgment 64 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 6/16/2016 (Plummer, M).
June 10, 2016 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/10/16 denying 54 Motion for leave to file a second amended complaint. (Plummer, M)
March 29, 2016 Opinion or Order Filing 79 ORDER denying 63 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 03/29/16. (Plummer, M)
September 30, 2015 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Dale A. Drozd on 09/29/15 ordering plaintiff's motion for leave to file a supplemental pleading 40 is denied. Plaintiff's motion to recuse the undersigned magistrate judge 41 is denied. Defendants' responsive pleading to plaintiff's amended complaint shall be filed within 21 days of the date of this order. (Plummer, M)
December 3, 2014 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Dale A. Drozd on 12/02/14 ordering the court vacates the 12/08/14 deadline for defendant Sanchez to file and serve his responsive pleading, as previously set by this court's order filed 11/07/14. Upon resolution of plaintiff's pending motions, the court will set a new deadline for the filing of defendant's responsive pleading. (Plummer, M)
November 7, 2014 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Dale A. Drozd on 11/07/14 ordering within 30 days after the filing date of this order, defendant shall file and serve a responsive pleading that addresses only plaintiff's retaliation claim against defendant San chez. The responsive pleading and all further filings in this action shall be limited to the merits of plaintiff's retaliation claim against defendant Sanchez, based on the factual allegations set forth in the First Amended Complaint, as identi fied by the Ninth Circuit Court of Appeals and set forth herein. The clerk of the court shall send plaintiff 1 copy each of 1) this order, 2) the first amended complaint filed 12/22/10 14 and 3) the Court of Appeals' memorandum filed 07/28/14 36 . (Plummer, M)
February 13, 2012 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Dale A. Drozd on 2/10/2012 ADVISING plaintiff that should he require an extension of time to file a briefing due in his pending appeal due to the circumstances of his transfer, he should direct any such request or other motions to the Ninth Circuit; any documents filed by plaintiff in this court will be DISREGARDED and no orders will issue in response to future filings. (Yin, K)
January 10, 2012 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Dale A. Drozd on 1/9/12 Plaintiffs motion for an extension of time to file his notice of appeal 24 is granted; Plaintiff shall file his notice of appeal no later than fourteen days after the date of this order; Plaintiffs request for information 25 is denied; and Plaintiffs December 28, 2011 motion for leave of court to file an appeal 26 is denied as moot.(Dillon, M)
September 23, 2011 Opinion or Order Filing 20 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 09/22/11 ORDERING plaintiff's 12/22/10 application for leave to proceed in forma pauperis 15 is granted. Defendant Sanchez's 12/29/10 renewed motion reque sting that the court screen plaintiff's amended complaint 16 is denied as moot. Plaintiff's 08/10/11 motion requesting screening and an order authorizing service of his amended complaint 18 is denied as moot. The clerk of the court sh all randomly assign this case to a District Judge. U.S. District Judge John A. Mendez randomly assigned to this action. A copy of this order shall be served on Deputy Attorney General Virginia L. Papan. Also, RECOMMENDING that this action be dismissed for plaintiff's failure to state a cognizable claim. Referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
November 9, 2010 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Dale A. Drozd on 11/08/10 ordering plaintiff's 05/05/10 opposition to the removal of this action from the Solano County Superior Court to this court 5 construed as a motion to remand this action to the state co urt is denied. Plaintiff's complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. The clerk of the court is directed to provide plaintiff with the court's form complaint for a 1983 action. (Plummer, M)
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Plaintiff: Thomas John Heilman
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Defendant: L. Sanchez
Represented By: Virginia I. Papan
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