Burns v. Barreto et al
| Tony L. Burns |
| Kevin Barreto, Mark Simonson and Benicia Police Department |
| 2:2010cv01563 |
| June 22, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kendall J. Newman |
| Morrison C. England |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
62
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/14/12: ORDERING that plaintiff's motion for relief from a final judgment is denied 58 . RECOMMENDING that defendants' motion for summary judgment 47 be granted. Judgment be entered in favor of defendants. The Clerk of Court be directed to close this case and vacate all dates. F&R referred to Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)
|
|
Filing
57
ORDER signed by Magistrate Judge Kendall J. Newman on 4/13/12 ORDERING that Pltf's 50 Ex Parte request is WITHDRAWN; Motion Hearing set for 5/31/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman as to 47 Motion for Summary Judgment. Pltf shall file a written opposition or statement of non-opposition on or before 5/3/12; dfts may file a reply on or before 5/10/12. (Manzer, C)
|
|
Filing
55
ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/12 ORDERING that on or before 4/12/12, plaintiff shall file a renewed sworn affidavitor appropriate declaration made under penalty of perjury that sets forth the factual showing required by F ederal Rule of Civil Procedure 56(d); Defendant may file a written opposition or statement of non-opposition to plaintiff's affidavit or declaration within seven days after plaintiff files such affidavit or declaration. However, the court may r ule on plaintiff's request prior to the expiration of those seven days; After receipt of plaintiff's renewed affidavit or declaration, the court will enter an order that either grants appropriate relief to plaintiff or resets defendants' motion for summary judgment for a new hearing date with an appropriate, but expedited, briefing schedule. (Becknal, R)
|
|
Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 02/29/12 ORDERING that plaintiff is RELIEVED from his obligation to file a written opposition or statement of non-opposition on 03/01/12; the 03/15/12 hearing on defendants' 47 Motion for S ummary Judgment is VACATED and will be reset at a later date; by 03/09/12, plaintiff shall file a sworn affidavit or appropriate declaration that sets forth the factual showing required by FRCP 56(d); defendant may file a written opposition or statem ent of non-opposition to plaintiff's affidavit or declaration within 7 days after plaintiff files such affidavit or declaration. However, the Court may rule on plaintiff's request prior to the expiration of those 7 days. After receipt of p laintiff's affidavit or declaration, the court will enter an order that either grants appropriate relief to plaintiff or resets defendants' Motion for Summary Judgment for a new hearing date with an appropriate, but expedited, briefing schedule. (Benson, A.)
|
|
Filing
42
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Kendall J. Newman on 8/1/11: Discovery is DUE by 4/20/2012. Designation of Expert Witnesses is DUE by 1/13/2012, and rebuttal expert disclosures is DUE by 2/13/2012. Final Pretrial Conference is SET for 11/15/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. Jury Trial is SET for 1/14/2013 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.. (Kastilahn, A)
|
|
Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 5/5/11 ORDERING that Defendants' 32 Objections to Evidence Submitted by Plaintiff in Support of His Response to Defendants Motion to Dismiss Plaintiff's First Amended Complaint are OVE RRULED. Defendants' 23 motion to dismiss plaintiff's First Amended Complaint is GRANTED. Plaintiff's claims against defendants Kevin Barreto, Mark Simonson, and the Benicia Police Department are dismissed without prejudice, and pla intiff is granted a final opportunity to correct the pleading deficiencies identified herein. Plaintiff shall have thirty (30) days from the date of entry of this order within which to file and serve an amended complaint entitled "Second Amended Complaint." (Duong, D)
|
|
Filing
28
ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/2011 ORDERING that the hearing on Dfts' 23 Motion to Dismiss is CONTINUED to 5/5/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Pltf shall file an opposition or statement of non-opposition by 4/21/2011. The Status Conference set for 5/19/2011 is CONTINUED to 6/9/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Zignago, K.)
|
|
Filing
18
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 02/04/11 ORDERING that dfts' 4 Motion to Dismiss is GRANTED; plf's complaint is DISMISSED w/o prejudice w/ leave to amend w/i 30 days. Plaintiff shall SHOW CAUSE by 02/18/11 why the court should not impose either monetary or other sanctions for failure to appear at the 02/03/11 hearing on dfts Motion to Dismiss. (Benson, A.)
|
|
Filing
13
ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/10: Hearing re 4 , 10 MOTIONS RESET for 2/3/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Plaintiff shall file a written opposition to the motion to dismiss, or a statement of non-opposition thereto, on or before January 13, 2011. Scheduling Conference RESET for 3/10/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
