Tenore v. Goodgame et al
Plaintiff: Michael Tenore
Defendant: Nathanael Goodgame, Stephen Tseng, Scott Heatly, L. Heffner, Christopher Smith, A. Simmons and S. Neuner
Case Number: 2:2011cv01082
Filed: April 21, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Craig M. Kellison
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
April 29, 2015 Opinion or Order Filing 154 AMENDED JUDGMENT pursuant to 151 Notice of Acceptance with Offer of Judgment. (Donati, J)
April 23, 2015 Opinion or Order Filing 152 JUDGMENT dated *4/22/2015* Pursuant to Federal Rules of Civil Procedure Rule 68, Offer of Judgment. 151 CASE CLOSED (Reader, L)
April 15, 2015 Opinion or Order Filing 147 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/2015 GRANTING defendants' 143 request to amend their answer to the First Amended Complaint and request to file a late motion for summary judgment on the issue of administrative exhaustion. Plaintiff's opposition to the motion for summary judgment, if any, shall be filed no later than 21 days. (Yin, K)
April 10, 2015 Opinion or Order Filing 141 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 4/10/2015 ORDERING the custodian to produce Michael Tenore T-62986 to testify in USDC at 9:00 A.M. on June 9, 2015, in Courtroom 5, before Judge William B. Shubb; 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 MCSP Warden. (cc: OTCD-SAC) (Yin, K)
April 3, 2015 Opinion or Order Filing 126 ORDER signed by Senior Judge William B. Shubb on 4/3/2015 GRANTING 123 Defendants' MOTION TO CONTINUE TRIAL DATE. The Jury Trial is reset for 6/9/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Order and W rit issued on 2/20/2015 to produce inmate 111 Michael Tenore is HEREBY VACATED, and a new order and writ of habeas corpus ad testificandum to produce Michael Tenore (T-62986) for trial on that date will issue. cc: Out-to-Court Desk; USMJ DAD. (Kirksey Smith,
April 1, 2015 Opinion or Order Filing 122 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 4/01/15 ordering the custodian to produce Michael Tenore on 4/07/15 at 1:00 p.m. in courtroom 27 before Magistrate Judge Dale A. Drozd. The Custodian is ordered to notify the court of any changes in custody and to serve 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 and DAD) (Plummer, M)
February 20, 2015 Opinion or Order Filing 111 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 2/20/15 ORDERING the Custodian to produce Michael Tenore at 9:00 am on 4/21/15 in Courtroom 5 before Judge William B. Shubb. 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)(Dillon, M)
February 19, 2015 Opinion or Order Filing 109 ORDER signed by Senior Judge William B. Shubb on 2/18/15 DENYING 104 Findings and Recommendations; the Court will try this action in April of 2015 as scheduled. Neither side need file a Pretrial Statement. (Meuleman, A)
January 23, 2015 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/15 granting 106 Motion for relief from the expert witness disclosure deadline. Defendants are relieved of any obligation to disclose prospective expert witnesses until further order of this court. (Plummer, M)
December 8, 2014 Opinion or Order Filing 104 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/08/14 ORDERING that plaintiff's motion for appointment of counsel 99 is denied. Plaintiff's motion for an extension of time 100 is denied. Also , RECOMMENDING that defendants' request for dismissal 101 be granted; and this case be dismissed with prejudice for plaintiff's failure to prosecute this action. Motion to dismiss 101 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
May 14, 2014 Opinion or Order Filing 83 AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 5/14/2014 AMENDING the writ issued 4/24/2014 and ORDERING the custodian to produce Michael Benjamin Tenore #T-62986, to testify in USDC at 9:00 A.M. on 6/10/2014 in courtroom #27, before Magistrate Judge Dale A. Drozd; 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 shall serve a copy of this order and writ on the Out-to-Court Desk and the VSP Warden. (cc: DAD, KJN, ADR, OTCD-SAC)(Yin, K)
April 24, 2014 Opinion or Order Filing 81 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 04/24/14 ORDERING the Custodian to produce Michael Benjamin Tenore on 06/12/14 at 1:00 PM in courtroom 25 before Magistrate Judge Kendall J. Newman. 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: KJN and OTCD) (Plummer, M)
April 22, 2014 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/22/14 ORDERING that within fifteen days from the date of this order, the parties shall submit confidential settlement statements as set forth above; and the Clerk of the Court is directed to send a copy of this order to: ADR Division, Attention: Sujean Park. (cc ADRP)(Dillon, M)
March 7, 2014 Opinion or Order Filing 75 ORDER signed by Senior Judge William B. Shubb on 3/7/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/6/14 67 are ADOPTED in full; and Defendants' MOTION for Summary Judgment 44 is DENIED as to Defendants Tseng and Goodgame and GRANTED as to defendants Smith, Heffner and Heatley.(Mena-Sanchez, L) (Main Document 75 replaced on 3/7/2014) (Mena-Sanchez, L).
February 6, 2014 Opinion or Order Filing 67 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/6/14 recommending that 44 MOTION for SUMMARY JUDGMENT be denied as to defendants Tseng and Goodgame and GRANTED as to defendants Smith, Heffner and Heatley. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
January 7, 2014 Opinion or Order Filing 62 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/7/14 DENYING 60 Motion to Appoint Counsel. (Dillon, M)
November 1, 2013 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/31/13 granting 52 Motion for Extension of time and plaintiff's 10/18/13 opposition is deemed timely. Defendants' motion for an extension of time 54 is granted and defendants sha ll file their reply to plaintiff's opposition no later than 12/13/13. Defendants motion to strike plaintiff's cross-motion for summary judgment 55 is granted, and plaintiff's 10/18/13 filing will be construed as an opposition to defendants' motion only. (Plummer, M)
October 10, 2013 Opinion or Order Filing 51 ORDER signed by Senior Judge William B. Shubb on 10/9/2013 DENYING plaintiff's 50 Motion for Reconsideration of 48 Order denying Motion for Appointment of Counsel and extension of Discovery. (Marciel, M)
September 5, 2013 Opinion or Order Filing 48 ORDER signed by M agistrate Judge Carolyn K. Delaney on 09/05/13 denying 45 Motion to Appoint Counsel and extension of discovery. Within 30 days of the date of this order, plaintiff shall file an opposition to the motion for summary judgment or statement of non-opposition. (Plummer, M)
February 6, 2013 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/6/13 denying 40 Motion for Court-Ordered Access Via Correspondence. (Dillon, M)
November 28, 2012 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/28/12 ORDERING that Defendants motion to amend the discovery and scheduling order 30 is GRANTED as follows: The discovery and scheduling order filed August 2, 2012 17 is hereby VACATED; Defendants shall reply to the FAC within 30 days of service ofthis order. If defendants reply is an answer, an amended discovery and scheduling order will issue thereafter. Defendants need not respond to plaintiffs discovery requests served on Octo ber 3, 2012. Plaintiff may propound new discovery requests pursuant to an amended discovery and scheduling order if and when such issues. Defendants counsel shall query the CDCR to ascertain the whereabouts of defendant L. Heffner. If counsel is informed of the business address of defendant Heffner, counsel shall provide the address to plaintiff. In the event that counsel, after conducting a good faith inquiry, cannot ascertain the business address of defendant Heffner, counsel shall so inform the court. Defendants counsel shall file and serve the appropriate response within 30 days of the file date of this order.(Dillon, M)
November 27, 2012 Opinion or Order Filing 31 ORDER adopting in full 27 FINDINGS AND RECOMMENDATIONS, signed by Judge William B. Shubb on 11/26/12. Plaintiff's claims against defendants Simmons, Neuner, Subia, Martel and the John Doe defendants are dismissed with prejudice. Additionally, all claims except the deliberate indifference claims against defendants Goodgame, Tseng, Heatley, Heffner and Smith concerning medical treatment for scabies are dismissed with prejudice. (Kastilahn, A)
September 28, 2012 Opinion or Order Filing 27 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/28/2012 ORDERING that plaintiff's 21 motion for leave to amend is GRANTED; and this action shall proceed on the 8/29/12 First Amended Complaint; and RE COMMENDING that plaintiff's claims against defendants Simmons, Neuner, Subia, Martel, and the John Doe defendants be dismissed with prejudice; additionally, that all claims except the deliberate indifference claims against defendants Goodgame, Tseng, Heatley, Heffner, and Smith concerning medical treatment for scabies be dismissed with prejudice.Referred to Judge William B. Shubb; Objections due within 14 days.(Yin, K)
September 27, 2012 Opinion or Order Filing 26 ORDER denying 25 Motion for temporary restraining order signed by Magistrate Judge Carolyn K. Delaney on 09/26/12. (Plummer, M)
April 12, 2012 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Tenore signed by Magistrate Judge Carolyn K. Delaney on 04/12/12. 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 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: Michael Tenore
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Defendant: Nathanael Goodgame
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Defendant: Stephen Tseng
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Defendant: Scott Heatly
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Defendant: L. Heffner
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Defendant: Christopher Smith
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Defendant: A. Simmons
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Defendant: S. Neuner
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