Heilman v. Cherniss et al
| Thomas John Heilman |
| C. Cherniss, L. Lesane and G. Forncrook |
| 2:2011cv00042 |
| January 5, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| John A. Mendez |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
340
ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/2019 ORDERING, pursuant to 339 Stipulation, dispositional documents are due by 12/27/2019 and CDCR to complete its review of its files to remove or replace certain documents by 1/27/2019. (Henshaw, R)
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Filing
329
ORDER signed by District Judge John A. Mendez on 10/11/19 GRANTING 316 defendants' request to file records under seal. The Court will review the information in camera and return them to Defendants' counsel as appropriate. (Kastilahn, A) Modified on 10/15/2019 (Kastilahn, A).
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Filing
309
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 09/23/19 ORDERING the Custodian to produce Thomas John Heilman by video conference on 10/29/19 at 9:00 a.m. in courtroom 25 before Magistrate Jud ge Kendall J. Newman. The custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve this order and writ on the custodian. (cc: I.T. Dept, Sacramento and KJN)(3 certified copies of writ served on the Warden, CTF)(Plummer, M) Modified on 9/24/2019 (Plummer, M).
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Filing
302
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/22/19 regarding further production of documents by Cherniss and CDCR; WITHDRAWING 300 Motion to Compel. (See order for further details.) (Plummer, M)
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Filing
297
ORDER signed by Magistrate Judge Edmund F. Brennan on 07/02/19 ORDERING the parties shall file a joint pretrial statement no later than 8/14/19. Plaintiff's trial brief, motions in limine, proposed jury voir dire, and proposed jury instruction s shall be filed no later than 9/18/19. Defendant's trial brief, motions in limine, proposed jury voir dire, and proposed jury instructions shall be filed on later than 10/09/19.( Pretrial Conference set for 9/4/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Jury Trial set for 2/24/2020 at 08:30 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.). (Plummer, M)
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Filing
286
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/18/19 AWARDING Plaintiff's counsel $15,714.30 in fees.(Mena-Sanchez, L)
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Filing
283
ORDER signed by District Judge John A. Mendez on 12/14/18 DENYING 276 Motion for Reconsideration. This Court leaves to Magistrate Judge Brennan the determination of the amount of the sanctions to be imposed against CDCR. (Coll, A)
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Filing
281
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/6/2018 APPROVING 279 Stipulation for Revised Schedule. Disclosure of Initial Expert Reports due 1/18/2019; Disclosure of Rebuttal Expert Witnesses and Rebuttal Expert Reports due 3/8/2019; and Expert Discovery closes on 4/12/2019. (Henshaw, R)
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Filing
272
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/18 GRANTING IN PART 263 Motion to Compel; DENYING AS MOOT 269 request to seal. Reasonable expenses incurred in making the motion, including attorneys fees arewarranted. The parties shall submit the relevant filings in accordance with the schedule detailed supra. (Plummer, M)
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Filing
262
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/11/2018 VACATING the hearing set for 10/17/2018 on 246 Motion to Compel; RESETTING the hearing on 246 Motion to Compel to 11/7/2018 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING the parties' joint statement with respect to 246 Motion to Compel due one week prior to the new hearing date; and AMENDING the schedule for expert discovery as follows: (a.) Disclosure of expert witnesses to occur by 11/28/2018; (b.) Disclosure of initial expert reports to occur by 12/20/2018; (c.) Disclosure of rebuttal expert witnesses and rebuttal expert reports to occur by 2/8/2019; and (d.) Expert discovery to close 3/15/2019. (Henshaw, R)
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Filing
259
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/1/2018 APPROVING 248 Stipulation to Extension of Discovery Deadlines. Fact discovery now due 10/12/2018; Disclosure of Expert Witnesses due 10/17/2018; Disclosure of Initial Expert Reports due 11/9/2018; Disclosure of Rebuttal Expert Witnesses and Rebuttal Expert Reports due 12/14/2018; and Expert Discovery closes 2/15/2019. (Henshaw, R)
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Filing
249
ORDER signed by Magistrate Judge Edmund F. Brennan on 09/27/18 GRANTING IN PART 240 plaintiff's motion to take more than 10 depositions as articulated at the hearing and as summarized in this order and GRANTING 241 plaintiff's request to seal, but only, as articulated at the hearing and in this order, with respect to discovery in this matter. The Clerk is directed to file exhibits three through nine to the declaration of Jason German and the unredacted version of the joint statem ent on plaintiffs motion to take more than ten depositions under seal. The foregoing documents are to be sealed indefinitely for the purposes of discovery and, other than the court itself, only designated counsel in this action shall be allowed to view them. The deadline for fact discovery in this matter is extended to 10/05/18.(Plummer, M)
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Filing
239
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/15/18 ORDERING that plaintiff is granted leave to take the deposition of Charles Anthony Edwards who is currently confined in prison at Mule Creek State Prison in Ione, CA, at a date and time to be mutually agreed upon between the parties and noticed by plaintiff. (Plummer, M)
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Filing
236
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/17/2018. Pltf's request to seal 232 is DENIED without prejudice to the re-filing of a request which specifically states the basis for sealing the documents in question.(Cannarozzi, N)
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Filing
235
ORDER signed by Magistrate Judge Edmund F. Brennan on 06/12/18 GRANTING 224 Motion to extend discovery. The new deadline for completing all fact discovery is 09/04/18. Plaintiffs motion for leave to take depositions of persons confined in prison 223 is GRANTED. Depositions for Mr. Harbor and Mr. Dyas must be completed by the September 4, 2018 deadline identified above. Plaintiffs motion to compel 225 is GRANTED in part, consistent with points discussed supra in this written order and at the June 6, 2018 hearing. (Plummer, M) Modified on 6/12/2018 (Plummer, M).
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Filing
228
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 05/16/18 ORDERING expert discovery deadlines in this case are hereby stayed, pending the Courts resolution of plaintiffs Motion to Extend Discovery, 224 . The stay encompasses th e deadlines previous set by this Court on March 12, 2018 for (1) disclosure of initial expert reports,(2) disclosure of rebuttal expert witnesses and rebuttal expert reports, and (3) close of expert discovery. See 220 .(Plummer, M) Modified on 5/17/2018 (Plummer, M).
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Filing
222
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 04/30/18. (See order for further details.)(Plummer, M)
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Filing
220
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 03/12/18 ORDERING the following schedule for expert discovery. Disclosure of Expert Witnesses - 05/01/18; Disclosure of Initial Expert Reports - 05/24/18; Disclosure of rebuttal expert witnesses and rebuttal expert reports - 6/14/18; and Close of Expert Discovery - 06/29/18. (Plummer, M)
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Filing
218
ORDER signed by Magistrate Judge Edmund F. Brennan on 02/07/18 GRANING 214 Motion to reopen discovery. Plaintiff proposed a three month period of additional fact discovery and, at the hearing, the court determined that the culmination of that per iod fell on May 8, 2018. All fact discovery should be completed by that date. Any motions to compel discovery should be filed by June 7, 2018. The parties shall exchange initial disclosures in accordance with Fed. R. Civ. P.26(a)(1). At the hearing, defendants counsel stated that he did not intend to designate any expert witnesses at this time, excepting a situation where plaintiff designates his own expert(s) and they are forced to rebut his or her testimony. The parties shall confer regarding whether a period of expert discovery to follow fact discovery is necessary. If they determine that such discovery is necessary, they must file a proposed schedule for expert discovery within 28 days from the date this order is filed. (Plummer, M) Modified on 2/8/2018 (Plummer, M).
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Filing
210
ORDER for SUBSTITUTION of ATTORNEY signed by Magistrate Judge Edmund F. Brennan on 12/07/17 ORDERING Attorney Tyler H. Onitsuka is substituted in as attorney of record in place of attorney Kathleen J. Williams, Leslie R. Wagley, Lakeysia Rene Been and Matthew Ross Wilson for defendant C. Cherniss. (Plummer, M)
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Filing
202
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/29/17 ORDERING the clerk is directed to reopen this case. Within 30 days of the date of this order, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendants Cherniss and Lesane shall file a pretrial statement not later than 30 days after the filing of plaintiff's statement. The pretrial conference will be conducted on the file only without appearance by either party. (Plummer, M)
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Filing
171
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/19/2015 ORDERING the custodian to produce Oliver Anthony Overton #D-66741, to testify in USDC at 8:30 A.M. on 3/30/2015, in courtroom #6, befor e Judge John A. Mendez; 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; the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and the CMF Litigation Coordinator via fax; and the previous writ issued on 2/6/2015 is VACATED. (cc: OTCD)(Yin, K) Modified on 3/19/2015 (Yin, K).
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Filing
145
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/15 ORDERING that defendants shall coordinate with CDCR counsel and inquire as to the status of plaintiffs requests to correspond with his inmate witnesses prior to trial. Defendants shall inform the court by March 10, 2015 of: a. the status of plaintiffs requests for correspondence; and b. if plaintiffs requests have been denied, the reasons for the denial.(Dillon, M)
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Filing
138
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/26/15 ORDERING that Plaintiff's motions denoted ECF Nos. 115 , 116 , 117 , 122 , 123 , 124 , 125 , 126 , 127 , and 128 are DENIED. Within 10 days of the date of this order, plaintiff shall file a response to defense counsel's declaration (ECF No. 136 ) and the accompanying request that the writs of habeas corpus ad testificandum for trial witnesses Overton and Patillo be quashed.(Dillon, M)
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Filing
137
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 DIRECTING the U.S. Marshal to serve the subpoena submitted by plaintiff on Sgt. L. Lesane at the address provided by plaintiff. The U.S. Marshall is FURTHER DIRECTED to process the check provided by the plaintiff for the witness fee and travel expenses for L. Lesane and provide a check in the amount of $80.48 to Mr. Lesane at the time of service of the subpoena. (cc USM-Priority)(Donati, J)
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Filing
132
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 2/5/2015 ORDERING the custodian to produce Oliver Anthony Overton #D-66741, to testify in USDC at 8:30 a.m. on 3/23/2015 in courtroom #6, before Judge John A. Mendez; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and the CMF Warden, and by fax on the Litigation Coordinator at CMF. (cc: OTCD-SAC)(Yin, K)
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Filing
96
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/2/14 DENYING 94 Motion to Appoint Counsel. (Dillon, M)
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Filing
88
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/2014 ORDERING that within 30 days, plaintiff shall file and serve a pretrial statement and any motions necessary to obtain trial witnesses; defendant shall file a pretrial statement no later than 30 days after the filing of plaintiff's statement; the Pretrial Conference will be conducted on the file only; and the date for jury trial before a district judge will be set in the pretrial order.(Yin, K)
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Filing
86
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/2013 REQUESTING the parties to submit confidential settlement statements, no later than 30 days, as described in this order. (cc: ADR)(Yin, K)
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Filing
85
ORDER signed by Judge John A. Mendez on 11/20/13 ORDERING the findings and recommendations filed 7/31/13, are adopted in full; Defendant Forncrook's motion to dismiss on the ground that plaintiff failed to exhaust available administrative rem edies prior to filing suit (ECF No. 55 ) is denied; and Defendants' motion for summary judgment (ECF No. 54 ) is granted as to defendant Lesane on all claims, denied as to the First Amendment retaliation claims against defendants Cherniss and Forncrook, and denied as to the Fourteenth Amendment due process claim against defendant Forncrook. (Becknal, R)
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Filing
80
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/5/13 granting 79 Motion and laintiff has until September 20, 2013 inwhich to file his response. (Dillon, M)
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Filing
75
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/30/13 recommending that defendant Forncrook's motion to dismiss on the ground that plaintiff failed to exhaust available administrative remedies prior to filing suit 55 be denied; and defendants' motion for summary judgment 54 be granted as to defendant Lesane on all claims, denied as to the First Amendment retaliation claims against defendants Cherniss and Forncrook, and denied as the 14th amendment due process claim against defendant Forncrook. Motions 54 , 55 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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Filing
57
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/18/12 DENYING AS MOOT 41 Motion for Extension; DENYING 43 44 , and 49 Motions; DENYING 50 Motion to Compel. Within 7 days of the date of this order, however, defendants shall file a statement with the court showing how and when defendant Lesane supplemented his response to this Interrogatory No. 12. Plaintiff's 56 Motion to Stay is GRANTED to the extent that plaintiff's oppositions to defendants' motion for summary judgment and motion to dismiss shall be due within 30 days of being served with defendants' response to this order. (Meuleman, A)
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Filing
39
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/22/2012 DENYING plaintiff's 31 request for appoint Counsel of counsel, plaintiff's 33 request to modify the scheduling order, and plaintiff's 36 request for the US Marshal to serve a non-party subpoena. (Yin, K)
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Filing
32
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/12 DENYING 27 Motion for the return of property. (Dillon, M)
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Filing
26
ORDER signed by Judge John A. Mendez on 2/23/2012 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; defendants' # 17 Motion to revoke plaintiff's in forma pauperis status and dismiss this action is DENIED. (Reader, L)
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Filing
23
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/20/11 RECOMMENDING that 17 MOTION to revoke plaintiffs in forma pauperis status and dismiss this action be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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Filing
22
ORDER denying 21 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 12/05/11. (Plummer, M)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Thomas John Heilman signed by Magistrate Judge Edmund F. Brennan on 5/31/2011. CDC is to collect an initial partial filing fee and thereafter the balance and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
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