Kirk v. Heinrich et al
Plaintiff: Larry W. Kirk
Defendant: S. M. Salinas and Heinrich
Case Number: 2:2011cv00323
Filed: February 4, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 10, 2014 Opinion or Order Filing 90 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/7/14 ORDERING that pursuant to the representations of plaintiff and counsel for defendant at a Settlement Conference conducted before the Honorable Craig M. Kellison on October 23, 2014, t he above-captioned case settled. As stated on the record, dispositional documents are to be filed not later than 180 days from the date of the settlement conference. All hearing dates set in this matter, including the trial currently set for February 24, 2015 before the assigned district judge, are VACATED and all pending motions are denied as moot.(Dillon, M)
October 7, 2014 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/2014 ORDERING the Settlement Conference SET for 10/23/2014 at 09:00 AM in Courtroom 1 before Magistrate Judge Craig M. Kellison. A representative with FULL AUTHORITY to negotiate and enter into a binding settlement on the defendants' behalf shall attend in person. (CC- CMK, Sujean Park) (Donati, J)
December 4, 2013 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/04/13 ordering that plaintiff's request for an extension of time 80 is granted to the extent that the 11/14/13 findings and recommendations are held in abeyance, and plaintiff has until 12/27/13 to file a pretrial statement. Plaintiff's request for appointment of counsel 79 is denied. (Plummer, M)
November 14, 2013 Opinion or Order Filing 78 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/14/13 RECOMMENDING that this action be dismissed without prejduice. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
August 28, 2013 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/27/13 ORDERING that plaintiffs request for an extension of time (ECF No. 72 ) is DENIED as moot, and his request for appointment of counsel (ECF No. 71 ) is also DENIED.(Dillon, M)
August 23, 2013 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Edmund F. Brennan on 08/22/13 ordering plaintiff shall file and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trail on or before 11/07/13. Defendant shall file a pretri al statement 7 days after the filing of plaintiff's pretrial statement, or by 11/14/13, whichever is later. ( Pretrial Conference set for 12/4/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) The date for jury trial before the assigned district judge will be set in the pretrial order. (Plummer, M)
May 23, 2013 Opinion or Order Filing 64 ORDER FOLLOWING STATUS CONFERENCE signed by Magistrate Judge Edmund F. Brennan on 5/22/13 ORDERING that Discovery is reopened for 60 days, meaning that all discovery shall be completed by July 21, 2013. A final pretrial conference is set before the undersigned on August 21, 2013 at 10:00 a.m. in Courtroom No. 8. (see order for further details)(Dillon, M)
April 29, 2013 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/29/13 GRANTING 61 Motion to Appoint Counsel. Appointed Beth Helen Hodess for Larry W. Kirk. A status conference is set before the undersigned on Wednesday, May 22, 2013 in Courtroom No. 8, 13th Floor, at 10:00 a.m. (Dillon, M)
January 24, 2013 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/24/2013 ORDERING that this case is SET for a Settlement Conference on 2/28/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; the parties are required to file a sig ned Waiver of Disqualification, or notice of non-waiver of disqualification, no later than 2/4/2013; each party to submit confidential settlement conference statements to chambers 7 days prior to settlement conference; the 1/4/2013 order to show cause is DISCHARGED. (Yin, K)
January 16, 2013 Opinion or Order Filing 52 ORDER denying 50 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 1/15/13. (Plummer, M)
January 4, 2013 Opinion or Order Filing 49 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 1/4/13 ORDERING that within 21 days of the date of this order, plaintiff shall show cause why this action should not be dismissed for failure to prosecute; and Plaintiff shall also, within 21 days of the date of this order, submit a confidential settlement statement as required by the courts November 20, 2012 order.(Dillon, M)
November 20, 2012 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/20/12 ordering the parties to this action shall each, no later than 30 days from the date of this order, submit confidential statements as described below. (See order for further details) (Plummer, M)
November 19, 2012 Opinion or Order Filing 44 ORDER signed by Judge William B. Shubb on 11/16/2012 FINDINGS AND RECOMMENDATIONS 42 are ADOPTED in FULL; Defendants' 37 Motion for Summary Judgment is GRANTED as to Defendant Salinas and DENIED as to Defendant Heinrich.(Reader, L)
October 18, 2012 Opinion or Order Filing 42 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/17/12 recommending that defendant's 08/23/12 motion for summary judgment 37 be granted as to defendant Salinas and denied as to defendant Heinrich. MOTION for SUMMARY JUDGMENT 37 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
August 24, 2012 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/24/2012, GRANTING defendants' 35 request for an extension of time to re-file and re-serve their 5/23/12 motion for summary judgment, and the re-filed 37 motion is deemed timely filed. (Yin, K)
July 25, 2012 Opinion or Order Filing 34 ORDER and RAND Notice signed by Magistrate Judge Edmund F. Brennan on 7/24/12 O RDERING that 30 Motion for Summary Judgment is DENIED without prejudice. Within 14 days of the date of this order, defendants may re-file and re-serve the May 23, 2012 motion for summary judgment. Defendants must contemporaneously serve with the motion, but in a separate document, a copy of the attached Rand Notice,which provides plaintiff with notice of the requirements for opposing a motion for summary judgment. (Dillon, M)
November 9, 2011 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/11 ORDERING that the Discovery and Scheduling Order is AMENDED as follows: The parties may conduct Discovery until 2/23/2012. All Requests for Discovery shall be served not later than 12/23/2011. Dispositive Motions shall be filed on or before 5/2/2012. (Mena-Sanchez, L)
April 20, 2011 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Larry W. Kirk signed by Magistrate Judge Edmund F. Brennan on 4/20/2011. 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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Defendant: S. M. Salinas
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Defendant: Heinrich
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Plaintiff: Larry W. Kirk
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