Hall v. Placer County Sheriff Department et al
| Jama A. Hall |
| Placer County Sheriff Department and Zender |
| 2:2010cv01152 |
| May 10, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John A. Mendez |
| Other Personal Injury |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
78
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/19/13 VACATING hearing on 61 Motion for Summary Judgment; and RECOMMENDING that this action be dismissed pursuant to FRCP 41(b), based on plaintiff's fa ilure to prosecute the action and to comply with court orders and Local Rules; that 61 Motion for Summary Judgment be denied as moot; and that the Clerk be directed to close this case. Objections due within 14 days after being served with these findings and recommendations. Referred to District Judge John A. Mendez. (Meuleman, A)
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Filing
77
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/10/13 ORDERING that the 8/13/13 Order to Show Cause is discharged; Plaintiff's request for an extension of time to file an opposition, 76 is granted; the hearing on defendants motion for summary judgment, 61 is continued to 11/20/13 at 10:00 a.m. in Courtroom No. 8; Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto, and a response to defendants' statement of undisputed facts, no later than 11/6/13; Defendants may file a reply to plaintiff's opposition, if any, on or before 11/13/13. (Becknal, R)
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Filing
75
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 8/13/2013 ORDERING the 61 MOTION for SUMMARY JUDGMENT hearing is CONTINUED to 10/16/2013 at 10:00 a.m. in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; Plaintiff sh all SHOW CAUSE, in writing, no later than 9/25/2013, why sanctions should not be imposed for failure to timely file an opposition or statement of non-opposiution to the pending motion; Plaintiff shall file an opposition to the motion, or statement of non-opposition, and a response to defendants' statement of undisputed facts, no later than 9/25/2013; failure to comply with this order may result in a recommendation that the motion be granted and/or that this action be dismissed for lack of p rosecution and for failure to comply with court orders and local rules; defendants may file a reply on or before 10/9/2013; the Final Pretrial Conference is RESET to 3/7/2014 at 11:00 a.m. in Courtroom 6 (JAM) before District Judge John A. Mendez; Jury Trial is RESET to 5/12/2014 at 9:00 a.m. in Courtroom 6 (JAM) before District Judge John A. Mendez. (Waggoner, D)
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Filing
73
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/17/3 ORDERING that the 7/1/13 Order to Show Cause 71 is DISCHARGED and to the extent Plaintiff's Requests in his 7/15/13 filing are construed as MOTIONS to Compel non-expert discovery, they are DENIED without prejudice. (Mena-Sanchez, L)
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Filing
71
ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 7/1/2013 ORDERING The 7/10/2013 hearing on defendants' motion for summary judgment, 61 and 69 , is VACATED; Plaintiff shall show cause, in writing no later than 7/15/2013, w hy sanctions should not be imposed; on or before 7/15/2013 plaintiff shall also provide defendants and the court with an updated address of record, as required by Local Rule 183(f) and this court's 6/6/2013 order; within 7 days after defendants are provided with any updated address of record for plaintiff, they shall re-notice their motion for summary judgment and once again re-serve plaintiff with a copy of that notice of motion and their brief in support. (Reader, L)
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Filing
68
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/2013 ORDERING 61 The 6/12/2013 hearing on defendants' motion for summary judgment, and all other dates and deadlines stemming from that hearing date, are VACATED. Defendants shall re-notice their motion for summary judgment and serve plaintiff with a copy of that notice at his updated address. The Clerk of Court is directed to re-serve plaintiff with a copy of the court's 5/1/2013 order. (Reader, L)
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Filing
64
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/1/13 GRANTING the ex parte application to modify the status order; law and motion cutoff date reset for 6/12/2013; all other dates and deadlines set forth in the scheduling order remain the same; 61 MOTION for SUMMARY JUDGMENT Hearing reset for 6/12/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Opposition to motion due on or before 5/29/13; reply to opposition due on or before 6/5/13. (Manzer, C)
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Filing
57
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/19/12 ORDERING that plaintiff's notice of objection to his deposition, 56 is stricken. If the parties are unable to resolve the dispute regarding plaintiff's deposition by meeting and conferring either telephonically or in person in an effort toresolve the dispute without court intervention, plaintiff may file a properly noticed motion for a protective order under Federal Rule of Civil Procedure 26(c). (Becknal, R)
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Filing
51
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 7/3/12 ORDERING that the Status Conference currently scheduled for 7/11/12, is RESCHEDULED for 8/29/2012 at 10:00 AM in Courtroom 24 (EFB). Plaintiff shall Show Cause, in writing, on or before 8/15/2012, why sanctions should not be imposed for failure to file a status report in compliance with the Court's 4/25/12 minute order. On or before 8/15/12, Plaintiff shall file a status report setting forth the matters referenced in this court's 5/13/12 4 . Defendants are not required to file a further status report or a response to Plaintiff's status report, but if they elect to do so, any such status report or response to plaintiffs status report shall be filed on or before 8/22/12. Failure of Paintiff to comply with this order may result in the imposition of anctions, including a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with this courts orders and Local Rules. (Mena-Sanchez, L)
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Filing
47
ORDER signed by Judge John A. Mendez on 2/23/2012 ORDERING the proposed Findings and Recommendations 46 are ADOPTED; the Sheriff's Department and Zender's motion to dismiss # 37 is GRANTED in PART and DENIED in PART; and the parties are instructed as follows: (in this order). (Reader, L)
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Filing
46
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/30/2011 ORDERING that the status (pretrial scheduling) conference set for 12/28/11, is VACATED; and RECOMMENDING that defendants' 37 motion to dismiss be granted in part and denied in part; and the parties be instructed to (a) if plaintiff seeks to amend his complaint, any such fourth amended complaint shall be filed within 30 days, (b) if plaintiff elects to file a fourth amended complaint, the defe ndants shall file a response thereto within 14 days, and if plaintiff elects to not file a fourth amended complaint, than defendants shall file an answer to the third amended complaint within 14 days from the date of plaintiff's deadline to file a fourth amended complaint. Referred to Judge John A. Mendez; Objections due within 14 days. (See Order,Findings and Recommendations for details) (Yin, K)
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Filing
40
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/11/11 ORDERING that the 4/13/11 order to show cause is discharged; the 5/18/11 hearing on defendants' motion to dismiss, 37 , is continued to 6/22/11 at 10:00 a.m. in Courtroom No. 24; Pla intiff shall file an opposition to the motion, or a statement of non-opposition thereto, no later than 6/8/11; failure of plaintiff to file an opposition will be deemed a statement of non-opposition to the pending motion, and may result in a recommendation that this action be dismissed for lack of prosecution; Defendants may file a reply to plaintiff's opposition, if any, on or before 6/15/11. (Becknal, R)
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Filing
38
ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 4/12/2011 ORDERING that the hearing on Dfts' 37 Motion to Dismiss is CONTINUED to 5/18/2011. Pltf shall SHOW CAUSE, no later than 5/4/2011, why sanctions should not be imposed for failure to file opposition to pending motion. Pltf shall file an opposition or statement of non-opposition by 5/4/2011. The status conference currently scheduled for 5/18/2011, is RESCHEDULED for 7/27/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. The parties shall file status reports by 7/13/2011. (Zignago, K.)
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Filing
36
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/1/2011 GRANTING 32 Plaintiff's motion for leave to file a third amended complaint, and the 3/9/2011 hearing thereon is VACATED; pltf's 33 third amended complaint, is DEEMED the ope rative complaint in this action; dfts shall file a response to pltf's third amended complaint within fourteen days from the date this order is filed; and the 3/9/2011 hearing on 26 dfts' motion to dismiss, is VACATED in light of 35 dfts' withdrawal of that motion.(Reader, L)
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Filing
34
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/11 ORDERING that the 30 Motion to Continue is DENIED as moot; the 32 Motion to Amend will be heard on 3/9/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan along with the 26 Motion to Dismiss; dft's opposition or statement of non-opposition to motion to amend due on or before 2/23/11; pltf's reply due on or before 3/2/11; dft's opposition to motion to dismiss due on or before 3/2/11. (Manzer, C)
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Filing
29
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/3/11 ORDERING the hearing on dfts' motion to dismiss 26 is CONTINUED to 3/9/11 at 10:00 AM in Courtroom 24; Pltf shall file an opposition to defendants motion, or a statement of non-opposition no later than 2/23/11; Defendants may file a reply to plaintiffs opposition, if any, on or before 3/2/11; Status Conference RE-SET for 5/18/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Carlos, K)
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Filing
24
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/29/2010 DENYING plaintiff's 23 Motion to Attach per Order of Court as unnecessary. Clerk directed to file a copy of plaintiff's 23 Second Amended Complaint (pgs 3 - 6) as a separate docket entry. Defendants shall have 14 days from date this Order is served upon them to respond to said Complaint. (Marciel, M)
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Filing
22
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/10/2010 ORDERING that pltf has 14 days to file an amended cmplt; the 1/12/2011 status (pretrial scheduling) conference is CONTINUED for 2/16/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; and on or before 2/2/2011, the parties to file a joint status report addressing the matters referenced in the 5/13/10 court's order.(Yin, K)
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Filing
20
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/16/2010 ORDERING that Pltf's 18 motion is deemed WITHDRAWN. Pltf's 19 motion is construed as a motion to amend complaint and is GRANTED. Amended complaint due within 14 days. The 12/8/2010 status conference is CONTINUED to 1/12/2011 at 10:00 AM in Courtroom 24. Parties shall file a joint status report by 12/29/2010. (Zignago, K.)
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Filing
15
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/15/10 ORDERING that the Status Conference currently scheduled for 9/22/10, is RESCHEDULED for 12/8/2010 at 10:00 AM in Courtroom 24. On or by 11/24/10, defendant Zender shall file a status repor t addressing the matters referenced in the court's 5/13/10010 order. The Clerk is directed to serve a copy of this order on the U.S. Marshal, 501 I Street, Sacramento, Ca., 95814. Within fourteen days of the date of this order, the U.S. Marshal is directed to servedefendant Zender with a copy of this order. The Marshal shall, within fourteen days thereafter, file a statement with the court that the order was served. If the Marshal is unable, for any reason, to serve this order on that defendant, the Marshal shall promptly report that fact, and the reasons for it, to the undersigned. (cc: USM). (Mena-Sanchez, L)
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Filing
3
ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Edmund F. Brennan on 5/13/10. The Clerk is directed to issue forthwith all process pursuant to FRCP 4. The Clerk shall send pltf three USM-285 forms, one summons, a copy of the comp laint, this court's scheduling order, and related documents. Pltf shall supply the USM, within 14 days from the date of this order is filed, all info needed by the USM to effect service of process, and within 14 days thereafter, pltf shall file a statement with the court that saids documents have been submitted to the USM. The USM shall serve process within 90 days of receipt of the required info from pltf, without prepayment of costs. The USM shall, within 14 days thereafter, file a statement with the court that said documents have been served. The Clerk shall serve a copy of this order on the USM. (Kastilahn, A)
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