Thomas v. Antipov et al
Plaintiff: Jamaal Thomas
Defendant: Antipov, Parks and Downie
Case Number: 2:2011cv01138
Filed: April 28, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
March 28, 2017 Opinion or Order Filing 169 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/28/2017 DENYING 167 Motion for Extension of time.(Donati, J)
February 24, 2017 Opinion or Order Filing 166 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/23/2017 RECOMMENDING plaintiff's 164 second motion for a second settlement conference be denied; defendants' 149 motion to enforce the settlement agreem ent be granted; defendants Downie and Antipov be dismissed from this action and CDCR be substituted as defendant; within 180 days of any order adopting these findings and recommendations, and after receiving plaintiff's completed Payee Data Fo rm, the CDCR shall pay plaintiff or his designated payee $10,000, subject to any restitution owed by plaintiff; and this action be dismissed with prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
January 6, 2017 Opinion or Order Filing 163 ORDER granting in full 155 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 1/5/17. Plaintiff's 147 motion for a second settlement conference is DENIED without prejudice. Plaintiff is GRANTED 30 da ys in which to file a new motion for a second settlement conference with Judge Newman. Ruling on defendants' 149 motion to enforce the settlement agreement is deferred until the resolution of the new motion for a second settlement conference filed by plaintiff or the date on which the time for filing such a motion passes. (Kastilahn, A)
October 19, 2016 Opinion or Order Filing 161 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/19/16 ordering plaintiff's 10/13/16 filing 160 , construed as a motion for extension of time is granted. Plaintiff shall file any objections to the findings and recommendations on or before 11/07/16. Plaintiff is not obligated to file objections. The Clerk of Court is directed to mail a copy of the August 3, 2016 findings andrecommendations 155 and the October 7, 2016 order 159 toplaintiff. (Plummer, M)
August 3, 2016 Opinion or Order Filing 155 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/2/2016 RECOMMENDING plaintiff's 147 motion for a second settlement conference be denied without prejudice; plaintiff be provided a period of 30 days to file a ne w motion for a second settlement conference with Judge Newman, in accordance with these recommendations; ruling on defendants' 149 motion to enforce the settlement agreement be deferred until the resolution of the new motion for a second settlement conference filed by plaintiff or the date of which the time for filing such a motion passes. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Yin, K)
July 21, 2015 Opinion or Order Filing 143 ORDER signed by Magistrate Judge Kendall J. Newman on 07/21/15 ordering that plaintiff's 06/21/15 letter to the undersigned is filed in the above case and disregarded. (Plummer, M)(cc: KJN) Modified on 7/21/2015 (Plummer, M).
April 16, 2015 Opinion or Order Filing 136 ORDER signed by Chief Judge Morrison C. England, Jr. on 04/15/15 ORDERING that the 132 order entered on 03/20/15 adopting in full the findings and recommendations, granting in part defendants motion for summary judgment and denying plaintiffs counter-motion for summary judgment is CONFIRMED as herein modified. (Benson, A)
April 9, 2015 Opinion or Order Filing 135 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 04/08/15 ordering the Custodian to produce Jamaal Thomas on 5/20/15 at 9:30 a.m. 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: OTCD & KJN)(Plummer, M)
March 20, 2015 Opinion or Order Filing 132 ORDER signed by Chief Judge Morrison C. England, Jr. on 3/19/2015 ORDERING that the 131 findings and recommendations are ADOPTED in full. Defendants' 112 motion for summary judgment is GRANTED as to defendants Grinde, Ma, Maciel, McGee, and Park, but GRANTED IN PART and DENIED IN PART as to defendant Downie and DENIED as to defendant Antipov. Plaintiff's 122 counter-motion for summary judgment is DENIED as to all defendants. (Zignago, K.)
February 12, 2015 Opinion or Order Filing 131 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/12/15 ORDERING that the December 19, 2014 findings and recommendations are VACATED. Further, it is hereby RECOMMENDED that defendantsmotion for summary judgment 112 be granted as to defendants Grinde, Ma, Maciel, McGee, and Park, but granted in part and denied in part as to defendant Downie and denied as to defendant Antipov, plaintiffs counter-motion for summary judgment 122 be denied as to all defendants. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
December 19, 2014 Opinion or Order Filing 126 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/18/14 RECOMMENDING that (1) defendants motio for summary judgment 112 be granted as to defendants Grinde, Ma, Maciel, McGee, and Park, but denied as to defendants An tipov and Downie, (2) plaintiffs counter-motion for summary judgment 122 be denied as to all defendants, and (3) plaintiffs request for judicial notice 123 be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
July 10, 2014 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/14 denying 115 Motion to Strike transcript. (Dillon, M)
July 3, 2014 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/3/2014: Plaintiff's Motion for Extension of Time 118 is GRANTED. Plaintiff is granted an additional 30 days to file his opposition to Defendants' Motion for Summary Judgment. (Owen, K)
March 24, 2014 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/24/2014 GRANTING 108 Motion for Extension of Time; ORDERING the parties to file dispositive motions by 4/7/2014. (Michel, G)
February 19, 2014 Opinion or Order Filing 107 ORDER signed by Chief Judge Morrison C. England, Jr on 2/18/14 DENYING 102 Motion for Reconsideration. The Magistrate Judge's 101 Order is AFFIRMED; the Clerk of the Court SHALL TERMINATE 102 . (Meuleman, A)
December 20, 2013 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/13 ordering the parties to this action shall each, no later than 30 days from the date of the order, submit confidential statements as described below. (See order for further details)(cc: ADR Director) (Plummer, M)
November 19, 2013 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/19/2013 ORDERING that plaintiff's 88 motion for preliminary injunction is DENIED as moot; plaintiff's 86 , 97 motions for an extension of time/modification of the scheduling order are DENIED; the Clerk shall modify the docket entry for ECF No. 93 to reflect that the documents are exhibits to plaintiff's 91 motion to withdraw; plaintiff's 91 motion to withdraw his admissions is GRANTED, and plaintiff sha ll respond to defendants' interrogatories within 30 days; plaintiff's 97 motion for appointment of counsel and for experts is DENIED without prejudice; defendants' 89 motion to compel is GRANTED as to plaintiff's depositi on and DENIED in all other respects; discovery is REOPENED for the limited purpose of complying with this order and to allow defendants to take continued deposition of plaintiff, and to file any further motions to compel as discussed herein, additional discovery deadline is 1/22/2014; the deadline for dispositive motions is CONTINUED to 3/24/2014. (Yin, K)
September 10, 2013 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/10/2013 GRANTING plaintiff's 82 , 83 motion to amend; defendants' answers to the second amended complaint are adequate and they are not required to file new answers. (Yin, K)
February 26, 2013 Opinion or Order Filing 67 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/26/2013 RECOMMENDING that defendant Ma be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
November 19, 2012 Opinion or Order Filing 58 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/19/2012 RECOMMENDING that defendants Ma and Kevin be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
May 22, 2012 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/22/2012 ORDERING that plaintiff's 40 motion to modify the scheduling order, and 42 motion to amend the complaint are DENIED as moot in light of the court's 4/11/12 order. (Yin, K)
May 18, 2012 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/18/12 DENYING 46 Motion for Reconsideration. (Dillon, M)
April 11, 2012 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Edmund F. Brennan on 04/11/12 ordering plaintiff's 03/14/12 motion to quash 33 is denied. Plaintiff's 03/12/12 motion to amend 30 is deemed timely filed and is granted. The clerk of the court is direct ed to re-docket plaintiff's proposed amended complaint 31 as an amended complaint. The allegations in the amended complaint are sufficient to state cognizable claims that defendants Antipov, Parks, Downie, McGee, Ma and RN Kevin were delibera tely indifferent to plaintiff's serious medical needs in violation of the Eighth Amendment. The clerk of the court shall send plaintiff a blank summons, a copy of the amended complaint, 3 USM-285 forms and instruction sheet to be completed and returned within 30 days. Defendants Anitpov, Parks and Downie's request to modify the scheduling order 32 is granted. The deadlines for discovery and dispositive motions set in the 09/13/11 discovery and scheduling order 19 are vacated. (Plummer, M)
February 28, 2012 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/28/2012 DENYING plaintiff's 27 request for appointment of counsel and plaintiff's 25 motion to compel. (Yin, K)
October 25, 2011 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/25/11 ORDERING that 21 Motion for Extension of time is GRANTED. Parties may conduct discovery until 2/28/12. Dispositive motions shall be filed on or before 5/22/12.(Dillon, M)
May 31, 2011 Opinion or Order Filing 6 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jamaal Thomas signed by Magistrate Judge Edmund F. Brennan on 05/31/11. 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: Jamaal Thomas
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Defendant: Antipov
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Defendant: Parks
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Defendant: Downie
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