McCain v. California Highway Patrol et al
| Terry Lyn McCain |
| California Highway Patrol, Mangham, Walling, Mike's Towing Service and Michael D. Olivarez |
| 2:2011cv01265 |
| May 11, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| San Joaquin |
| Kimberly J. Mueller |
| Kendall J. Newman |
| Other Civil Rights |
| 42 U.S.C. ยง 1981 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
323
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/25/17 ORDERING that the MOTIONS 215 , 309 , 316 , and 319 are DENIED. Further more, IT IS RECOMMENDED that Defendants' MOTIONS for Summary Judgment [25 0] and 262 be GRANTED; and Plaintiff's MOTION for Summary Judgment 265 be DENIED. These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller; Objections to these F&Rs due within twenty one days. (Mena-Sanchez, L)
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Filing
320
ORDER signed by Magistrate Judge Allison Claire on 1/23/17 ORDERING that the Clerk is directed to replace docket numbers [311-11] and [311-15], with the properly redacted documents attached to defendants' 116 Ex Parte Application. (Kastilahn, A)
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Filing
310
ORDER granting 307 Motion signed by Magistrate Judge Allison Claire on 12/22/16. (Kaminski, H)
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Filing
296
ORDER signed by Magistrate Judge Allison Claire on 11/10/2016 ORDERING the parties to file Oppositions to the pending 250 , 259 , 262 , 265 Motions for Summary Judgment within 30 days and to file any replies 30 days after the relevant Opposition was filed; ORDERING the California Highway Patrol defendants to immediately re-serve 262 Motion for Summary Judgment, 263 Notice of Errata on the plaintiff; ADVISING all parties that 215 Motion to Compel, 246 Ex Parte Application and 286 R esponse are taken under submission and ORDERING that no further briefing on those matters be filed; DENYING 190 , 211 , 233 , 234 , 284 Motions to Compel without prejudice to their renewal after the pending Motions for Summary Judgment have been resolved; DENYING 266 , 295 Motions for Extension of Time and 268 Motion to Strike; ORDERING that no party file any further motions until the pending Motions for Summary Judgment have been resolved. (Michel, G.)
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Filing
293
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 10/31/2016 ORDERING the custodian to produce Terrylyn McCain 81618-053, to appear before Magistrate Judge Allison Claire by telephonic-conferencing a t 10:00 a.m. on 11/9/2016 at FCI Victorville; 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 Litigation Coordinator by fax and email.(Dillon, M)
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Filing
290
ORDER signed by Magistrate Judge Allison Claire on 10/19/2016 SETTING this matter for a Further Status Conference on 11/2/2016 at 10:00 AM before Magistrate Judge Allison Claire. The Clerk shall fax a copy of this order, the separate order and writ of habeas corpus ad testificandum, and telephone instructions to the Litigation Coordinator, and email the same. (Yin, K)
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Filing
281
ORDER signed by Magistrate Judge Allison Claire on 9/21/2016 ORDERING the currently scheduled dates for the final pretrial conference and trial are VACATED. This matter is SET for further Status Conferenceon 10/19/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. The parties shall file Status Reports no later than 10/5/2016. The Clerk shall fax and email a courtesy copy of this order to the Litigation Coordinator. (Yin, K)
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Filing
228
ORDER, ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 3/9/16 ORDERING that Plaintiff shall show cause in writing within 14 days of the date of this order why an order should issue directing the USM to serve plaintiff's subpoen as; The Clerk of the Court shall attach copies of plaintiffs subpoenas to this order when it is served; and the Clerk of the Court shall update plaintiff's address for service to the one appearing on her most recent piece of mail: TerrLyn McCain BOP # 81618-053-65, FCI Victorville Medium II, Satellite Camp, P.O. Box 5300, Adelanto, CA 92301.(Dillon, M)
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Filing
227
ORDER signed by Magistrate Judge Allison Claire on 3/1/2016 GRANTING 226 Motion to Further Modify the 188 Scheduling Order; ORDERING that all pretrial motions, except motions to compel discovery, be completed by 6/29/2016; CONTINUING the Final Pr etrial Conference to 10/21/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; ORDERING that pretrial statements be filed in accordance with Local Rules 281 and 282, and the requirements set forth herein; CONTINUING the J ury Trial to 12/12/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; CAUTIONING all parties that a failure to comply with the terms of this order may result in the imposition of monetary and all other sanctions within the power of the court, including dismissal or an order of judgment. (Michel, G.)
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Filing
225
ORDER signed by Magistrate Judge Allison Claire on 2/23/2016 DENYING 222 Motion filed as Partial Objections and Strike Hearsay Allegations. (Michel, G.)
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Filing
217
ORDER signed by Magistrate Judge Allison Claire on 2/16/16 ORDERING that the Clerk of the Court to send plaintiff six blank subpoena forms.(Dillon, M)
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Filing
209
ORDER signed by Magistrate Judge Allison Claire on 1/12/16 ORDERING that Plaintiff's MOTION to Quash, ECF Nos. 194 , 195 , are DENIED; Plaintiff's MOTION for Clarification 207 is DENIED. (Mena-Sanchez, L)
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Filing
205
ORDER signed by Magistrate Judge Allison Claire on 12/18/15: Ex parte motion 196 is DENIED. Motion to compel 190 is VACATED without prejudice to refiling. Motion to modify the scheduling order 198 is GRANTED. Discovery deadline is continued to 3/1/2016. Law and motion deadline is continued to 5/30/16. (Kaminski, H)
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Filing
185
REVISED ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Allison Claire on 12/22/14 ORDERING the Custodian to produce Terrylyn McCain at 10:00 a.m. on 1/28/15 in Courtroom 26 before Magistrate Judge Alison Claire. 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) (Manzer, C)
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Filing
181
ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 11/20/2014 COMMANDING the Sheriff of Sacramento County Mail Jail to produce Terrylyn McCain, inmate #: X-4838263, to testify in United States Distric t Court on 1/7/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire, and from day to day until completion of the court proceedings or as ordered by the court, and thereafter to return said inmate to Sacramento County Main Jail ; ORDERING the custodian to notify the court of any change in custody of said inmate and to provide the new custodian with a copy of this writ; DIRECTING the Clerk of Court to serve a copy of this Order and Writ of Habeas Corpus Ad Testificandum on the U.S. Marshal Service. (cc: Out-to-Court Desk, U.S. Marshal) (Michel, G)
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Filing
179
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/24/14 RECOMMENDING that this action be stayed pending Judge Nunley's ruling on plaintiff's competency and that the Plaintiff be directed to notify the Court within 7 days of Judge Nunley's ruling on her competency to proceed in the criminal matter. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Manzer, C)
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Filing
177
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 6/2/2014 ORDERING the Custodian to produce Terrylyn McCain, inmate # X-4838263, at 10:00 AM on 6/18/2014 in Courtroom 26 before Magistrate Judge Allison Claire. 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 USM. (Zignago, K.)
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Filing
174
ORDER signed by Magistrate Judge Allison Claire on 4/21/14 SETTING Status Conference for 6/4/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The parties shall file updated status reports no later than 14 days before the confe rence apprising the court of the status of this case. The parties are specifically directed to address the need for future proceedings, including setting appropriate cut-off dates for discovery and law and motion, and the scheduling of a pretrial conference and trial, and whether a settlement conference should be scheduled. The parties may also address any other matters that may add to the just and expeditious disposition of this matter. (Meuleman, A)
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173
ORDER signed by Judge Kimberly J. Mueller on 1/8/14 ORDERING that plaintiff's claim may proceed. (Kaminski, H)
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172
ORDER signed by Magistrate Judge Allison Claire on 11/1/13 GRANTING the 170 Ex Parte Application; Discovery in this action is STAYED pending Judge Mueller's ruling on the Order to Show Cause. (Manzer, C)
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Filing
163
ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 5/1/13. The stay entered on 3/21/13 is hereby lifted. The plaintiff shall show cause within 14 days why this case should not be dismissed in light of her failure to prosecute and to comply with the court's order. (Manzer, C)
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Filing
162
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 4/30/2013 ORDERING that a Status Conference is SET for 5/15/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; at the conference, plaintiff shall show cause why sanctions should not be imposed, up to and including dismissal, for her failure to comply with a court order. (Yin, K)
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Filing
159
ORDER signed by Judge Kimberly J. Mueller on 3/20/2013 ORDERING that the 156 findings and recommendations filed 2/12/2013 are ADOPTED IN FULL. All dates in this case are VACATED and all motions DENIED WITHOUT PREJUDICE. This action is STAYED. The Clerk of the Court is directed to administratively CLOSE this case. Plaintiff is directed to file a status report within fourteen (14) days from her release from commitment. Until ordered otherwise, the defendants are directed to file a status report no later than the 20th of each month apprising the court of the status of the criminal case pending against plaintiff. (Zignago, K.)
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Filing
156
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/12/13 VACATING 152 Findings and Recommendations and RECOMMENDING that this action be stayed; plaintiff be directed to file a status report within 14 days from he r release from commitment; and until ordered otherwise, the defendants be directed to file a status report no later than the 29th of each month, beginning 2/20/13, apprising the court of the status of the criminal case pending against plaintiff. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
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Filing
152
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/24/13 ORDERING that all dates in this matter are VACATED; and RECOMMENDING that Plaintiff's motion for summary judgment be denied; and this action be dismissed with prejudice. Motion referred to Judge Kimberly J. Mueller. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
148
ORDER signed by Magistrate Judge Allison Claire on 1/7/2013 ORDERING 133 The hearing on plaintiff's motion for summary judgment is CONTINUTED to 3/13/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison; Defendants' 145 ex parte motion for order shortening time is PARTIALLY GRANTED; defendants' 146 joint motion for terminating sanctions or, in the alternative, motion to compel is hereby SET for hearing on 1/23/2013 at 10:00 AM in Courtroom 26 (AC) before Mag istrate Judge Allison Claire; Defendants shall, however, file supplemental briefing regarding any proposed changes to the 12/1/2011 pretrial scheduling order on or before 1/10/2013; plaintiff shall submit her response to defendants' joint motion on or before 1/16/2013. (Reader, L)
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Filing
126
ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/12 GRANTING 115 Motion for Leave to File a Clarified Answer; DENYING 122 Motion to Strike. The Tow defendants shall file a first amended answer incorporating the amendments identified in the proposed clarified answer within 14 days of the date of service of this order. For purposes of clarity, the pleading shall be designated as the Tow Defendants' "First Amended Answer." (Meuleman, A)
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114
ORDER signed by Judge Kimberly J. Mueller on 8/1/12: Plaintiff's requests for reconsideration 93 , 94 & 95 are DENIED. (Kaminski, H)
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111
ORDER granting 108 Motion to Amend the Complaint signed by Magistrate Judge Kendall J. Newman on 4/27/12;IT IS HEREBY ORDERED that: Plaintiff's motion to amend her Complaint is submitted without a hearing, and the May 10, 2012 hearing on plain tiff's motion is VACATED. Plaintiff's unopposed motion to amend her Complaint (Dkt. No. 108) is granted. Plaintiff's proposed First Amended Complaint (Dkt. No. 109) shall be docketed and serve as plaintiff's "First Amended Complaint." The Clerk of Court is directed to issue, and serve on plaintiff, a summons as to defendant "Sergeant J. Pini, #15994," also referred to as "J. Pini" and "J. Pini #15994." Defendant Pini shall file an ans wer or other response to plaintiff's First Amended Complaint within 21 days of being served with the summons and First Amended Complaint. On or before May 18, 2012, defendants who have already appeared in this case and filed answers to the original Complaint shall file either: (1) an answer to plaintiff's First Amended Complaint; or (2) notice of that defendant's intent to stand on his or her original answer to the Complaint. (Matson, R)
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Filing
92
ORDER signed by Judge Kimberly J. Mueller on 12/16/11 ORDERING that Plaintiff's MOTIONS 84 , 87 and 88 are DENIED. (Mena-Sanchez, L)
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91
ORDER adopting 52 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 12/9/11. Defendants Mike's Towing Service, Inc., and Michael Olivarez's 7 , 16 Motion to Dismiss is GRANTED in PART and DENIED in PART. (Kastilahn, A)
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Filing
83
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/11: Designation of Expert Witnesses due by 11/15/2012. Discovery due by 1/20/2012. Dispositive Motions filed by 3/28/2013. Final Pretrial Conference set for 6/26/2013 at 11:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Jury Trial set for 8/26/2013 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Kaminski, H)
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Filing
81
ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/11: IT IS HEREBY ORDERED that: 1. Plaintiffs motion for partial summary judgment against defendant California Highway Patrol (Dkt. No. 79) is denied without prejudice. 2. The hearing on plaintiffs motion for partial summary judgment, which is presently set for December 15, 2011, is vacated. (Matson, R)
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77
ORDER denying 72 Motion for Show Cause signed by Magistrate Judge Kendall J. Newman on 11/15/11: The December 8, 2011 hearing on plaintiff's motion is vacated. (Kaminski, H)
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70
ORDER signed by Magistrate Judge Kendall J. Newman on 10/28/2011 GRANTING 58 Motion to Set Aside. The 14 Clerks Entry of Default is set aside. Defendants Mangham and Walling shall file and serve their respective answers to plaintiffs complaint within 14 days. (Michel, G)
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65
ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/2011 ORDERING 64 Status Conference set for 12/1/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; the parties shall file status reports, or a joint status re port if possible, no later than 14 days prior to the status (pretrial scheduling) conference; Discovery in this case is STAYED until after the 12/1/2011 status conference; pltf's requests for the entry of default against dfts Mike's Towing Service, Inc. and Michael Olivarez Dkt. # 54 , 55 are DENIED. (Reader, L)
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52
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/25/11, ORDERING that the Towing Defendants' first request for judicial notice 9 is GRANTED in PART, and the court takes judicial notice of Exhibits A, B, C, D, G, H, and I. The first request for judicial notice is DENIED as to Exhibits E, F, and J. The Towing Defendants' second request for judicial notice 37 is DENIED as MOOT. The Towing Defendants' motion for a more definite statement [7 ], 16 is DENIED. The Towing Defendants' motion for sanctions 7 , 16 , 33 is DENIED. Plaintiffs' objections 39 , 40 , 41 , 43 are OVERRULED. It is RECOMMENDED that the Towing Defendants' motion to dismiss 7 , 16 plainti ff's complaint be GRANTED in PART and DENIED in PART. Plaintiff's claims for relief alleged against the Towing Defendants be dismissed with prejudice to the extent that they are premised on plaintiff's "right to travel." The Towing Defendants' motion to dismiss plaintiff's complaint be denied in all other respects. Plaintiff's complaint 1 , and the Towing Defendants' motions to dismiss 7 , 16 are referred to Judge Mueller. Within 14 days after be ing served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any response to the objections shall be filed with the court and served on all parties within 14 days after service of the objections. (Kastilahn, A)
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Filing
38
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/3/2011 ORDERING that defendant California Highway Patrol's 4 motion to dismiss is SUBMITTED without oral argument, and the August 11, 2011 hearing on the motion is VACATED. It is recommending that Defendant Ca Highway Patrol's 14 motion to dismiss be granted. All of plaintiff's claims against the defendant California Highway Patrol be dismissed, and that defendant California Highway Patrol be dismissed from this action; referred to Judge Kimberly J. Mueller 4 MOTION to DISMISS. Objections due within fourteen days after being served with these findings and recommendations. (Duong, D)
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36
ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/11 ORDERING 30 31 Oppositions constitute applications for reconsideration of the court's ordered entered on 6/29/11 and 7/8/11, such applications are denied. (Matson, R)
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29
ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2011 ORDERING that Plaintiff's 24 25 26 27 four motions to strike filed on July 5, 2011 and all of the relief sought therein, are DENIED. The hearing on defendant California Highw ay Patrols 4 motion to dismiss, which is presently set for August 11, 2011, will remain on calendar. Any further attempt by plaintiff to use Federal Rule of Civil Procedure 12(f) to strike documents or other materials filed by parties to this acti on that do not consist of, or are contained in, "pleadings" as defined by the Federal Rules of Civil Procedure, will result in the imposition of sanctions on plaintiff, including monetary sanctions and/or dismissal of plaintiff's case pursuant to Federal Rule of Civil Procedure 41 (b) and Local Rules 110 and 183(a). (Duong, D)
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Filing
23
ORDER signed by Magistrate Judge Kendall J. Newman on 06/28/11 ORDERING that the Hearing for 4 Motion to Dismiss be continued until 08/11/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman, opposition, or statement of non-opposition due on or before 07/07/2011. Pltf's 19 and 20 Motions to Strike are DENIED. (Michel, G)
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