Smith v. Kiesz et al
Plaintiff: David Smith
Defendant: S. Maxwell and Kiesz
Case Number: 2:2011cv01918
Filed: July 21, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Carolyn K. Delaney
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 22, 2015 Opinion or Order Filing 99 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/22/15 denying 98 Motion for Extension of time. Also, RECOMMENDING that this action be dismissed without prejudice under rule 41(b) of the Federal Rules of Civil Procedure. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
December 17, 2014 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/17/14 GRANTING 95 Motion for Extension of time; Plaintiff is granted thirty days from the date of this order in which to file and serve his pretrial statement. Plaintiffs failure to f ile a pretrial statement within 30 days will result in a recommendation that this action be dismissed without prejudice. Absent extraordinary cause, no further extensions of time will be granted. Plaintiffs failure to procure counsel will not be considered extraordinary cause considering plaintiff has now been given approximately 6 months to obtain counsel.(Dillon, M)
July 28, 2014 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/28/2014 DENYING 85 Plaitniff's Motion for Appointment of Counsel. (Reader, L)
June 25, 2014 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/25/14 ordering plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial within 21 days of this order. Defendants shall file their pretrial statement 14 days of service of plaintiff's pretrial statement. (Plummer, M)
May 14, 2014 Opinion or Order Filing 78 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/14/2014 DENYING plaintiff's 77 request to cancel the settlement conference. (cc: DAD, ADR) (Yin, K)
March 28, 2014 Opinion or Order Filing 76 ORDER Setting Settlement Conference signed by Magistrate Judge Carolyn K. Delaney on 3/28/14. This case is set for a settlement conference before Magistrate Judge Dale A. Drozd on June 26, 2014 at 10:00 a.m. at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #27. Each party shall provide a confidential settlement statement to Sujean Park, ADR Division, so they arrive no later than June 12, 2014 and file a Notice of Submission of Confidential Settlement Statement.(Dillon, M)
March 17, 2014 Opinion or Order Filing 75 ORDER adopting 73 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 3/17/14 DENYING Defendant Kiesz's 43 Motion for Summary Judgment. (Manzer, C)
January 17, 2014 Opinion or Order Filing 73 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 01/16/14 recommending that defendant Kiesz's motion for summary judgment 43 be denied. MOTION for SUMMARY JUDGMENT 43 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
October 16, 2013 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1016/2013 DENYING plaintiff's 67 request for the appointment of counsel. (Yin, K)
September 6, 2013 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/6/2013 DENYING plaintiff's 41 motion to compel; GRANTING, in part, plaintiff's 41 motion for sanctions and imposing a monetary sanction of $500.00 to be paid to the Clerk by defendant Kiesz within 14 days; alternatively, defendant may file objections within 14 days; plaintiff is GRANTED (a) 30 days to investigate the information contained in the documents referenced in this order, (b) 60 days to resolve such disputes that may arise concerning the investigation of the documents; plaintiff's opposition to defendant's motion for summary judgment is now due within 90 days, defendants reply due no later than 97 days. (Yin, K)
August 23, 2013 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/23/13 ordering if Exhibt B is, as it appears to be, the documents which defense counsel averred did not exist; If Exhibit B is, in fact, the documents at issue, why these documents were not p roduced to plaintiff in compliance with this court's order; and what reason, if any, does defendant have for withholding these documents; or alternatively, what steps are defendant taking to ensure plaintiff obtains these documents in the form set out by this court's order 34 ? Defendant shall file his explanation addressing the above questions within 7 days of the issuance of this order. Plaintiff need not file a response.(Plummer, M)
June 13, 2013 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/13/2013 GRANTING defendant's 49 motion for an extension of time, defendant has up to and including 6/18/13 to file an opposition to plaintiff's motions to compel; GRANTING plainti ff's 47 motion to stay and 50 motion for a 30 day extension of time, plaintiff's response to defendant's motion for summary judgment is due 30 days after this court resolves the two pending discovery motions; and DENYING plaintiff's 42 request for the appointment of counsel. CASE STAYED. (Yin, K)
April 3, 2013 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/3/13 plaintiffs motion to compel (Dkt. No. 28 ) is GRANTED as to requests number 2, 4 and 5 to the extent discussed herein, and subject to protective orders as discussed herein, and defendan t shall produce responsive documents within 14 days of the date of this order. Plaintiffs motion to compel (Dkt. No. 29 ) is GRANTED in part, as to interrogatories number 9 and 10 as discussed herein; and DENIED in part as to interrogatories numb er 1 and 2, and defendant shall respond further, where appropriate, within 14 days of the date of this order. Defendants motion to compel (Dkt. No. 30 ) is GRANTED in all respects, and plaintiff shall produce documents to requests 2 and 3 and respond further to defendants interrogatories 2, 9 and 19 within 14 days of the date of this order. Sua sponte, the deadline for dispositive motions is extended to May 10, 2013.(Dillon, M)
September 11, 2012 Opinion or Order Filing 24 ORDER signed by Judge John A. Mendez on 9/11/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/20/12 21 are ADOPTED in full; The MOTION to DISMISS 16 is DENIED; and Defendant shall file an answer within thirty days of the filed date of this order. (Mena-Sanchez, L)
June 20, 2012 Opinion or Order Filing 21 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/20/12 ORDERING that this case be assigned to a District Judge. Case assigned to Judge John A. Mendez. RECOMMENDING that the 16 Motion to Dismiss be denied. Motion referred to Judge John A. Mendez. Objections due within 21 days. (Manzer, C)
November 9, 2011 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Smith signed by Magistrate Judge Carolyn K. Delaney on 11/9/2011. The Sheriff of Stanislaus County is to collect monthly payments and forward to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of plaintiff's IFP on the of Stanislaus County. Clerk to also serve Financial w/ a copy of this order. (cc: Financial)(Yin, K)
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Defendant: S. Maxwell
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Defendant: Kiesz
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Plaintiff: David Smith
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