Lindsay v. Fryson, et al
| Christopher Lindsay |
| Yolanda Fryson and Yuba County Child Protective Services |
| 2:2010cv02842 |
| October 21, 2010 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Placer |
| Lawrence K. Karlton |
| Kendall J. Newman |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
119
ORDER signed by Magistrate Judge Kendall J. Newman on 6/2/15. Plaintiff's request for an extension of time to 6/12/15 to reply to defendant's response to the order to show cause is GRANTED. Plaintiff's request for a continuance of the trial date is DENIED without prejudice. (Manzer, C)
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Filing
116
ORDER signed by Judge Kimberly J. Mueller on 5/20/15 ORDERING the motion to dismiss is denied. This order resolves ECF No. 109 . (Becknal, R)
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Filing
113
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 5/15/15 ORDERING that no later than 5/22/2015, defendant shall show cause in writing why she should not be sanctioned for failure to appear at the court-ordered settlemen t conference. Defendant's counsel is cautioned that the court may impose monetary sanctions against counsel if defendant's reason for failing to appear is that defendant's counsel told her that her appearance was not mandatory. No l ater than 5/29/2015, plaintiff may, but need not, file a reply to defendant's response to the order to show cause. No later than 5/29/2015, plaintiff shall file a brief statement indicating whether he still wishes to pursue the case or whether he has reached an agreement with defendant to dismiss the case with each side to pay its own costs and attorneys' fees. Upon resolution of the order to show cause, a potential further settlement conference may be scheduled, if necessary. (Kastilahn, A)
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Filing
108
ORDER signed by Judge Kimberly J. Mueller on 4/6/2015 ORDERING that a Settlement Conference set for 5/15/2015 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Bench Trial set for 7/20/2015 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Zignago, K.)
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Filing
100
ORDER APPOINTING COUNSEL signed by Judge Kimberly J. Mueller on 11/18/14 ORDERING that Brian K. Wanerman is appointed as counsel in the above entitled matter; Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at spark@ca ed.uscourts.gov if he has any questions related to the appointment; The Clerk of the Court is directed to serve a copy of this order upon Brian K. Wanerman, Law Office of Brian K. Wanerman, 1023 H Street, Suite B5, Sacramento, CA 95814, and a courtesy copy of this order on defendant Fryson; The court will set a new final pretrial conference in the near future after consulting with all counsel. (Becknal, R)
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Filing
96
ORDER signed by Judge Kimberly J. Mueller on 10/24/14. The Final Pretrial Conference is VACATED. The Defendant is ordered to notify the court within 14 days whether she is incarcerated and whether she will require a writ of habeas corpus to attend the trial or any rescheduled pretrial conference. If the Defendant does not so notify the court, the court will enter default judgment in favor of the plaintiff. (Manzer, C)
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Filing
87
ORDER signed by Judge Lawrence K. Karlton on 3/11/14 ORDERING that Plaintiff shall, within seven (7) days of this order, file specific objections to the Bill of Costs, pursuant to E.D. Cal. R. 292(c), or notify the court that he does not object to the Bill of Costs. (Kastilahn, A)
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Filing
86
ORDER signed by Judge Lawrence K. Karlton on 2/25/14: Final Pretrial Conference set for 9/15/2014 at 02:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Bench Trial set for 12/9/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
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Filing
83
ORDER signed by Judge Lawrence K. Karlton on 1/6/14: All dates and deadlines in this matter are hereby VACATED pending resolution of the appeal, and except for the appeal, are stayed. Plaintiff shall notify the court of the disposition of the appeal within seven (7) days of its occurrence. (Kaminski, H)
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Filing
76
ORDER signed by Judge Lawrence K. Karlton on 11/25/2013 DISMISSING WITH PREJUDICE Plaintiff's Second, Third, and Sixth Claims as they pertain to Yuba County; GRANTING 68 Motion for Summary Judgment; DISMISSING Defendant Yuba County Child Prote ctive Services; VACATING the Status Conference set for 12/9/2013 at 2:30 PM; ORDERING the parties to submit Status Conference Statements by 12/20/2013; CONFIRMING all dates set forth in the 50 Status (Pretrial Scheduling) Order; CONFIRMING a trial date of 4/29/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)
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Filing
71
ORDER signed by Judge Lawrence K. Karlton on 10/22/2013 CONTINUING the Motion Hearing as to 68 Motion for Summary Judgment or, in the alternative, Partial Summary Judgment to 11/18/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karl ton; CONTINUING the Status Conference to 12/9/2013 at 02:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; ORDERING that Status Reports be filed fourteen (14) days prior to the Status Conference; DIRECTING the Clerk of Court to mail a copy of this order, as well as 61 , 63 , 64 , 67 Orders, 69 Amended Civil New Case Documents to Yolanda Fryson, WA-9001, Folsom State Prison, P.O. Box 715071, Represa, CA 95671; DIRECTING Defendant Fryson to update her current address with the Clerk of Court upon receipt of this order. (Michel, G)
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Filing
67
ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2013 GRANTING 65 Substtution of Attorney; GRANTING 66 Motion to Set Aside construed as a Request for Reconsideration; VACATING 64 Findings and Recommendations; REFERRING this matter and 60 Motion for Summary Judgment to Judge Lawrence K. Karlton pursuant to L.R. 302(c)(21); VACATING all pending dates; ORDERING the moving defendant to promptly re-notice the pending Motion for Summary Judgment for hearing before the assigned District Judge; ORDERING that the caption on all documents henceforth filed in this action be No. 2:10-cv-2842 LKK KJN. (Michel, G)
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Filing
64
ORDER and Findings and Recommendations signed by Magistrate Judge Kendall J. Newman on 9/17/13 VACATING Hearing on 60 MOTION for SUMMARY JUDGMENT and RECOMMENDING that the action be dismissed with prejudice pursuant to FRCP 41(b); that 60 MO TION for SUMMARY JUDGMENT be denied as moot; and that the Clerk of Court be directed to close this case and vacate all dates. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
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Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 08/05/13 as to 60 MOTION for SUMMARY JUDGMENT or in the Alternative Partial Summary Judgment ( Motion Hearing continued to 10/10/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) Plaintiff shall file any opposition in accordance with this order, the Federal Rules of Civil Procedure and the Local Rules no later than 09/12/13. Alternatively, plaintiff may file a statement of non-opposition to the motion for summary judgment no later than 09/12/13/ Defendant County of Yuba may file a reply brief to plaintiff's opposition, if any, no later than 09/26/13. No further briefing will be permitted, unless requested by the court. (Plummer, M)
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Filing
57
ORDER signed by Magistrate Judge Kendall J. Newman on 11/26/2012. The 51 Order to Show Cause is DISCHARGED. Defendant Fryson's 56 Answer to plaintiffs narrowed Third Amended Complaint is DEEMED FILED. Clerk shall change defendant's address to: Yolanda Fryson, WA9001 / CIW HB710L at P.O. Box 8100 in Corona, CA 92878-8100. Clerk shall send a copy of Court's 50 Pretrial Scheduling Order to defendant Fryson at her new address. (Marciel, M)
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Filing
54
ORDER signed by Magistrate Judge Kendall J. Newman on 11/19/2012 ORDERING 52 Order to Show Cause is hereby DISCHARGED. (Waggoner, D)
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Filing
52
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 10/26/12 ORDERING that Within fourteen (14) days of the date of service of this order, plaintiff shall show cause in writing why sanctions should not be imposed for his failure to appear at the 10/25/12 (pre-trial scheduling) Conference. Plaintiff's failure to file the required response shall constitute an additional ground for, and Plaintiff's consent to, the imposition of appropriate sanctions, including a potential recommendation that Plaintiff's case be involuntarily dismissed with prejudice pursuant to FRCP 41(b) and Local Rules 110 and 183(a).(Mena-Sanchez, L)
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Filing
45
ORDER signed by Judge Lawrence K. Karlton on 8/27/12 ADOPTING 44 Findings and Recommendations; GRANTING IN PART AND DENYING IN PART 41 Motion to Dismiss. Plaintiffs claims of fraud and negligent infliction of emotional distress are dismissed wit h prejudice, but only to the extent that plaintiff alleged those claims "directly" against the County. Plaintiff's claims of fraud and negligent infliction of emotional distress shall proceed as pled to the extent plaintiff alleged tho se claims under a respondeat superior theory of vicarious liability. Plaintiff's claim for negligent supervision, hiring, and retention is dismissed with prejudice, in its entirety. The County's motion to dismiss is denied in all other respects. The County and Fryson shall file answers to the Third Amended Complaint, as narrowed, within 14 days from the filing of this order.(Meuleman, A)
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Filing
44
ORDER and FINDINGS ADN RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/5/2012 VACATING the Motion Hearing as to 41 Motion to Dismiss set for 7/12/2012 at 10:00 AM; SUMMARILY DENYING the County's Motion for a More Definite Sta tement; RECOMMENDING that 41 Motion to Dismiss be granted in part and denied in part and that the County and Fryson be ordered to file Answers to the 40 Third Amended Complaint. Motion referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Michel, G)
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Filing
39
ORDER signed by Judge Lawrence K. Karlton on 4/11/2012 FINDINGS AND RECOMMENDATIONS 35 are ADOPTED in FULL; defendant County of Yuba's motion # 31 Motion to Dismiss is GRANTED in PART and DENIED in PART; Plaintiff is GRANTED 30 days from the date of the issuance of this order to file an amended complaint that is complete in itself; once plaintiff files an amended complaint, the original no longer serves any function in the case.(Reader, L)
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Filing
35
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/30/2011 DENYING 31 Defendant County of Yuba's Motion for a More Definite Statement; RECOMMENDING that the 31 Motion to Dismiss be granted in part and d enied in part; RECOMMENDING that Defendant County of Yuba be directed to file an answer to the Second Amended Complaint within 14 days of the entry of an order by the district judge. Motion referred to Judge Lawrence K. Karlton. Ojections to F&R due within 14 days. (Michel, G)
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Filing
27
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 9/28/2011 ORDERING Plaintiff to Show Cause in writing as to why he failed to file a timely Second Amended Complaint in this case. Response to Order to Show Cause and Second Amended C omplaint adhering to the requirements of the 25 Order due by 10/14/2011. Failure to file a timely Second Amended Complaint or a response to this Order to Show Cause may result in the imposition of sanctions,including a recommendation that this case be dismissed pursuant to F.R.C.P. 41(b). Response to Second Amended Complaint due within 14 days after the service of the Second Amended Complaint. (Michel, G)
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Filing
26
ORDER signed by Magistrate Judge Kendall J. Newman on 8/12/2011 ORDERING that Plaintiff's 24 First Amended Complaint filed on July 28, 2011 is disregarded and serves no purpose in this case. Plaintiff shall timely file and serve an amended co mplaint that complies with the requirements of Judge Karlton's 25 August 11, 2011 order, but which is entitled "Second Amended Complaint." Each defendant shall file and serve a response to plaintiff's Second Amended Complaint within 14 days after service of the Second Amended Complaint. (Duong, D)
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Filing
25
ORDER signed by Senior Judge Lawrence K. Karlton on 8/11/2011 ADOPTING 22 Findings and Recommendations. Dft County of Yuba's 13 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Dft County of Yuba's 13 Motion to Strike is DENIED. Pltf is GRANTED 30 days to file an amended complaint. (Zignago, K.)
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Filing
22
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/14/2011. County of Yuba's Objections to Evidence attached to plaintiff's written Opposition and 13 Motion for More Definite Statement are DENIED; and RECOMMENDING defendant County of Yuba's 13 Motion to Dismiss be granted in part and denied in part; and that their 13 Motion to Strike be denied. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
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Filing
12
ORDER signed by Magistrate Judge Kendall J. Newman on 04/05/11 ORDERING that the 10 OSC is DISCHARGED as to dft Yolanda Fryson; the remainder of that order remains in effect. Ms Fryson's 11 Motion for an open-ended continuance of this action is DENIED. (Benson, A.)
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Filing
10
ORDER, ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/17/11 ORDERING that within 30 days of the date of this order, Plaintiff shall effectuate service on defendant Yuba County Child Protective Services of file a requst for entr y of default as to defendant. A further Status (Pretrial Scheduling) Conference is SET for 5/19/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Defendant Yolanda Fryson shall Show Cause in writing, on or before 4/1/ 2011 why she failed to: (1) file a status report in advance of the Status (Pretrial Scheduling) Conference conducted on 3/17/11; and (2) appear at the Status (Pretrial Scheduling) Conference conducted on 3/17/11. Ms. Fryson is advised that Eastern Di strict Local Rule 110 provides: Failure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court. Moreover, Eastern District Local Rule 183(a) provides, in part. (Mena-Sanchez, L)
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Filing
7
ORDER signed by Magistrate Judge Kendall J. Newman on 2/22/10: Defendant Yolanda Fryson's request for an extension of time within which to file and serve her answer to plaintiff's complaint is granted 4 . Defendant Fryson shall file and serve her answer or other response to plaintiff's complaint within 21 days of the date of this order. Clerk of Court is directed to update Ms. Fryson's address. (Kaminski, H)
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