Ortiz v. Reynolds et al
Plaintiff: Jose B. Ortiz
Defendant: J. Reynolds, R. Miranda, D. Swingle, T. Kimura and J. Walker
Case Number: 2:2010cv01380
Filed: June 4, 2010
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 26, 2018 Opinion or Order Filing 180 ORDER signed by District Judge Morrison C. England, Jr on 9/25/18 ADOPTING the 179 FINDINGS AND RECOMMENDATIONS in full; and DENYING 171 Motion to enforce the settlement agreement. (Mena-Sanchez, L)
August 28, 2018 Opinion or Order Filing 179 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/27/2018 RECOMMENDING the 7/31/2017 171 motion to enforce the settlement agreement be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
October 17, 2017 Opinion or Order Filing 176 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/16/17 ORDERING within 30 days of the date of this order, defense counsel shall provide the court with evidence showing explicitly the application of the settlement funds issued in this caseto plaintiffs restitution fines. Within 21 days of the date of this order, CDCR shall make a further good faith effort to find a radio to replace plaintiffs J-Win radio. Within 30 days of the date of this order, defense counsel shall inform the court wh at efforts were made to secure a replacement radio. The court will issue a ruling on plaintiffs July 31, 2017 letter 171 construed as a motion to enforce the settlement agreement, upon receiving these submissions from defense counsel.(Plummer, M) Modified on 10/17/2017 (Plummer, M).
March 14, 2017 Opinion or Order Filing 169 ORDER signed by District Judge Morrison C. England, Jr. on 03/14/17 ORDERING that, pursuant to 168 Stipulation, this case is DISMISSED with prejudice. CASE CLOSED (Benson, A)
February 24, 2017 Opinion or Order Filing 164 ORDER RE SETTLEMENT AND DISPOSITION signed by Magistrate Judge Deborah Barnes on 2/23/2017 ORDERING dispositional documents are to be filed no later than 45 days from the date of this order. All hearing dates set in this matter are VACATED. (cc: DB, ADR).(Yin, K)
December 2, 2016 Opinion or Order Filing 156 SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr on 12/1/16 ORDERING that within 14 calendar days from the date of this Order, the parties are directed to contact Sujean Park, ADR and Pro Bono Director, for t he scheduling of a Settlement Conference. The parties shall file, not later than 3/6/17, a Joint Final Pretrial Conference Statement. The parties shall file Trial Briefs not later than 3/6/17. Any evidentiary or procedural Motions are to be fil ed by 3/6/17. Oppositions must be filed by 3/20/17, and any reply must be filed by 4/3/17. The motions will be heard by the Court at the same time as the Final Pretrial Conference. A Jury Trial is set on 4/17/17, at 9:00 a.m., in courtroom 7. (Becknal, R)
December 1, 2016 Opinion or Order Filing 155 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 11/30/2016 ORDERING the custodian to produce Jose B. Ortiz T-58897, to testify in USDC at 10:00 a.m. on 2/22/2017 in courtroom #27, before Magistrate Judge Deborah Barnes; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc: OTCD-SAC) (Yin, K)
October 20, 2016 Opinion or Order Filing 150 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/20/16 ordering defendants objection to the pretrial order requesting that the pretrial order 112 be amended to substitute September 25, 2008 for September 10, 2008 at page 2, lines 10 and 12 is sustained and the pretrial order is so amended. Defendants motion to substitute Dr. Chapnick for Dr. Swingle 138 is granted. (Plummer, M) Modified on 10/20/2016 (Plummer, M).
October 3, 2016 Opinion or Order Filing 147 ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Edmund F. Brennan on 10/3/16. Attorney Gabrielle De Santis Nield substituted in place of attorney Elliott Thomas Seals for R. Miranda.(Dillon, M)
August 24, 2016 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/24/16 ORDERING that plaintiff shall file any objections to the pretrial order on or before September 16, 2016. As the case is nearing the trial date, no further extensions of time will be given to file objections absent extraordinary circumstances. Plaintiff is not obligated to file objections. The parties shall notify the court immediately of any institutional decision to transfer plaintiff prior to the trial date.(Dillon, M)
August 11, 2016 Opinion or Order Filing 141 ORDER signed by Magistrate Judge Edmund F. Brennan on 08/11/16 ordering defense counsel to inquire into the status of plaintiffs access to his legal property and any institutional plans to transfer plaintiff between now and the trial date, and file a declaration detailing that access within 7 days of the date of this order. (Plummer, M) Modified on 8/11/2016 (Plummer, M).
June 24, 2016 Opinion or Order Filing 134 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/23/16 ordering ( Jury Trial continued to 11/14/2016 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.) (See order for further details.)(Plummer, M)
May 17, 2016 Opinion or Order Filing 131 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/16/2016 ORDERING defense counsel to inquire into the status of plaintiff's access to his legal property and file a declaration detailing that access within 21 days. The court will defer ruling on plaintiff's 129 request for an extension and/or continuance until receipt of counsel's declaration.(Yin, K)
July 29, 2015 Opinion or Order Filing 119 ORDER signed by Chief Judge Morrison C. England, Jr on 7/28/15 ORDERING that Plaintiff's MOTION in Limine 113 is DENIED without prejudice to re-filing once a Final Petrial Order issues setting this case for trial. (Mena-Sanchez, L)
January 14, 2015 Opinion or Order Filing 112 ORDER signed by Chief Judge Morrison C. England, Jr. on 1/14/2015 FINDINGS AND RECOMMENDATIONS 110 are ADOPTED in FULL; and Plaintiff's 109 Request for Preliminary Injunction is DENIED. (Reader, L)
November 7, 2014 Opinion or Order Filing 110 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/07/14 granting 103 Motion for Extension of time. Plaintiff shall file his pretrial statement on or before 1/15/14. Within 21 days of the date of this order , defense counsel shall reserve any discovery responses he has served on plaintiff in this action. The clerk of the court is directed to provide plaintiff with a copy of the docket in this action. Also, RECOMMENDING that plaintiff's request for a preliminary injunction 109 be denied. Request for injunction 109 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
October 7, 2014 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/2014 ORDERING that within 7 days, defense counsel shall inquire as to the status of plaintiff's access to his legal material; and within 14 days, defendant shall file a response to plaintiff's 103 motion for extension of time informing the court of the status of plaintiff's access to his legal materials. (Yin, K)
September 19, 2014 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/19/2014 DENYING plaintiff's 104 request for appointment of counsel. (Yin, K)
July 24, 2014 Opinion or Order Filing 102 ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/14 denying 99 Motion to Appoint Counsel and granting 100 Motion for Extension of time. Plaintiff has 60 days from the date this order is served to file his pretrial statement. (Plummer, M)
June 17, 2014 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/17/2014 ORDERING that within 30 days, plaintiff shall file and serve a pretrial statement and any motions to obtain trial witnesses; defendants shall file a pretrial statement no later than 30 days after the filing of plaintiff's statement; pretrial conference will be conducted on the file only; and the date for a jury trial before a district judge will be set in the pretrial order.(Yin, K)
May 20, 2014 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Edmund F. Brennan on 05/20/14 denying 91 Motion to Appoint Counsel. (Plummer, M)
April 2, 2014 Opinion or Order Filing 88 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 4/2/14 ORDERING the Custodian to produce Jose B. Ortiz at 9:30 a.m. on 6/12/14 in Courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 and Out-to-Court Desk. (cc: OTCD) (Manzer, C)
February 27, 2014 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Edmund F. Brennan on 02/27/14 ordering the parties to this action shall each no later than 30 days from the date of the order, submit confidential statements as described below. (See order for further details)(cc: ADR Director) (Plummer, M)
February 26, 2014 Opinion or Order Filing 85 ORDER signed by Chief Judge Morrison C. England, Jr. on 2/26/2014 FINDINGS AND RECOMMENDATIONS 80 are ADOPTED in FULL; Defendant's 73 Motion for Summary Judgment is GRANTED in PART as to plaintiff's claim that defendant caused the delay of a necessary medical appointment on or around 9/25/2008, in violation of the Eight Amendment and otherwise DENIED. (Reader, L)
October 24, 2013 Opinion or Order Filing 80 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/24/2013 RECOMMENDING that 73 Motion for Summary Judgment be granted in part as to the plaintiff's claim that the defendant caused the delay of a necessary medical appointment on or around 9/25/2008 in violation of the Eighth Amendment; RECOMMENDING the 73 Motion for Summary Judgment be otherwise denied; REFERRING this matter to Chief Judge Morrison C. England, Jr.; ORDERING that any Objections be filed within fourteen (14) days. (Michel, G)
August 15, 2013 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/14/2013 ORDERING that plaintiff's 8/5/2013 filing 77 shall serve as plaintiff's opposition to defendant's motion for summary judgment. (Yin, K)
July 25, 2013 Opinion or Order Filing 76 ORDER adopting 72 FINDINGS AND RECOMMENDATIONS IN FULL signed by Chief Judge Morrison C. England, Jr on 7/23/13: Plaintiff's April 29, 2013 motion for injunction 71 is denied. (Kaminski, H)
July 18, 2013 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/18/13 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition.(Dillon, M)
May 14, 2013 Opinion or Order Filing 72 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/14/13 recommending that plaintiff's 04/29/13 motion for injunction 71 be denied. MOTION for injunction 71 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
March 28, 2013 Opinion or Order Filing 66 ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/22/13 63 are ADOPTED IN FULL; Defendant's 9/29/12 MOTION to Strike 60 is GRANTED. Defendant's 8/3/12 MOTION for Su mmary Judgment 51 is GRANTED IN PART, as to Plaintiff's claims that Defendant threatened to discontinue his pain medication on 9/25/08 and 12/1/09 in violation of the Eighth Amendment, and otherwise DENIED. Defendant is granted leave to f ile a second Motion for Summary Judgment within 30 days of the date of this Order addressing the remaining allegations identified in the Magistrate Judge's Findings and Recommendations. ; granting in part and denying in part 51 Motion for Summary Judgment ; granting 60 Motion ; adopting (Mena-Sanchez, L)
January 22, 2013 Opinion or Order Filing 63 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/22/13 recommending that 60 MOTION to strike be granted, 51 MOTION for summary judgment be granted in part, defendant be granted leave to file a second motion for summary judgment within 30 days of the date of any order adopting these findings and recommendations. F&R referred to Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)
September 21, 2012 Opinion or Order Filing 57 ORDER signed by Judge Morrison C. England, Jr. on 9/20/2012 ADOPTING 47 Findings and Recommendations in full; GRANTING 24 Motion to Dismiss; GRANTING 41 Motion to Strike; STRIKING 38 Sur-Reply to the Motion to Dismiss. (Michel, G)
September 12, 2012 Opinion or Order Filing 55 ORDER signed by Magistrate Judge Edmund F. Brennan on 09/12/12 ordering that plaintiff's 09/06/12 opposition to defendant's motion to dismiss is construed as an opposition to defendant's 08/03/12 summary judgment motion and defendant's reply, if any, is due 14 days from the date of this order. (Plummer, M)
July 25, 2012 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/12 denying 39 Motion for Summary Judgment. (See order for further details) (Plummer, M)
June 28, 2012 Opinion or Order Filing 47 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/28/12 ORDERING that defendant's 09/06/11 request for judicial notice [24-2] is granted. Also, RECOMMENDING that the 09/06/11 motion to dismiss filed by de fendant Miranda 24 be granted; and the 03/29/12 motion to strike filed by defendant Miranda 41 be granted, and plaintiff's 03/21/12 surreply to the motion to dismiss 38 be stricken. Motions 24 , 41 and surreply 38 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
May 8, 2012 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/8/12 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition. (Dillon, M)
January 9, 2012 Opinion or Order Filing 32 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/09/12 ORDERING the clerk of the court randomly assign a U.S. District Judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. MOTION to DISMISS 24 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
December 20, 2011 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/20/2011 GRANTING defendant's 29 request; and defendant's counsel shall be permitted to take plaintiff's deposition via videoconference. (Yin, K)
November 28, 2011 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/28/11 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to dismiss or a statement of non-opposition. (Plummer, M)
August 23, 2011 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Edmund F. Brennan on 08/23/11 ordering defendant's 03/14/11 motion to dismiss 16 is denied without prejudice. Plaintiff's 05/02/11 motion for leave to file an amended complaint 19 is granted. Defendants' 06/06/11 motion to strike the amended complaint 22 is denied. Defendant shall respond to the amended complaint within 14 days of service of this order. (Plummer, M)
December 9, 2010 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/8/10 ORDERING that defendants Reynolds, Swingle, Kimura, and Walker are dismissed from this action.(Dillon, M)
October 1, 2010 Opinion or Order Filing 6 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jose B. Ortiz signed by Magistrate Judge Edmund F. Brennan on 10/01/10. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve a copy of this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Plaintiff: Jose B. Ortiz
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Defendant: J. Reynolds
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Defendant: R. Miranda
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Defendant: D. Swingle
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Defendant: T. Kimura
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Defendant: J. Walker
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