Robinson v. Kate et al
Plaintiff: Andre Jamal Robinson
Defendant: Matthew Kate, George Giurbino and Mike McDonald
Case Number: 2:2011cv02555
Filed: September 28, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Gregory G. Hollows
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
August 17, 2017 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Allison Claire on 8/16/2017 DENYING without prejudice 111 Motion to Modify the Discovery and Scheduling Order. Plaintiffs motion and evidence will be construed as objections to the findings and recommendations, and considered in tandem with any other objections filed by plaintiff. (Henshaw, R)
August 9, 2017 Opinion or Order Filing 110 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/08/17 recommending that defendant's motion for summary judgment 99 be granted on the ground that this action has been rendered moot. MOTION for SUMMARY JUDGMENT 99 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
February 23, 2017 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Allison Claire on 2/22/2017 ORDERING, on or before 3/10/2017, plaintiff shall file his opposition to defendant's pending 99 motion for summary judgment; within 7 days after plaintiff's opposition has bee n filed in CM/ECF, defendant: (a) may file and serve a reply, and (b) shall file and serve a statement indicating whether he is amenable to convening a settlement conference to resolve plaintiff's remaining requests for injunctive relief. (Yin, K)
January 24, 2017 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Allison Claire on 1/23/17 ordering the undersigned's findings and recommendations filed 12/30/16 101 are vacated. On or before 2/10/17, plaintiff shall file and serve his opposition to defendant's pendi ng motion for summary judgment. Within 7 days after plaintiff's opposition has been filed in CM/ECF, defendant: a) may file and serve a reply, and b) shall file and serve a statement indicating whether he is amendable to convening a settlement conference to resolve plaintiff's remaining requests for injunctive relief. (Plummer, M)
December 30, 2016 Opinion or Order Filing 101 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/29/16 recommending that this action be dismissed without prejudice for failure to prosecute. The clerk of the court be directed to close this case. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
April 21, 2016 Opinion or Order Filing 96 ORDER ADOPTING 94 FINDINGS AND RECOMMENDATIONS in full signed by Chief Judge Morrison C. England, Jr. on 04/20/16 ORDERING that plaintiff's 93 Motion for Preliminary Injunction is DENIED. (Benson, A)
March 14, 2016 Opinion or Order Filing 94 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/11/16 recommending that plaintiff's motion for preliminary injunctive relief 93 be denied. MOTION for PRELIMINARY INJUNCTION 93 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
February 17, 2016 Opinion or Order Filing 92 ORDER signed by Chief Judge Morrison C. England, Jr on 2/17/16: The Findings and Recommendations 91 are ADOPTED IN FULL. Plaintiff's Motion for Preliminary Injunctive Relief 90 is DENIED. (Kaminski, H)
January 14, 2016 Opinion or Order Filing 91 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/14/16 recommending that plaintiff's motion for preliminary injunctive relief 90 be denied. MOTION for PRELIMINARY INJUNCTION 90 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
October 13, 2015 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Allison Claire on 10/9/2015 APPOINTING counsel to represent plaintiff; and the Clerk shall contact Sujean Park, ADR Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept the appointment described herein. (cc: ADR) (Yin, K)
September 30, 2015 Opinion or Order Filing 86 ORDER signed by Chief Judge Morrison C. England, Jr. on 9/30/2015 ORDERING that the 85 findings and recommendations are ADOPTED in full. Defendant's 72 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
September 10, 2015 Opinion or Order Filing 85 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/9/15 RECOMMENDING that defendants motion for summary judgment, ECF No. 72 , be granted in part and denied in part as follows: GRANTED on plaintiffs claim under the Establish ment Clause of the FirstAmendment; GRANTED on plaintiffs claims for money damages under the Free Exercise Clause of the First Amendment, and the Equal Protection Clause of the Fourteenth Amendment; DENIED on plaintiffs claims for declaratory and pros pective injunctive relief under the Free Exercise Clause of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, and the Religious Land Use and Institutionalized Persons Act (RLUIPA), upon which this action should proceed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
July 22, 2015 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Allison Claire on 07/21/15 ordering defendant shall within 14 days after the filing date of this order, file and serve a supplemental brief to defendants' motion for summary judgment limited to the merits of pla intiff's RLUIPA claim. Plaintiff shall within 14 days after service of defendant's supplemental brief, file and serve an opposition thereto, limited to the merits of plaintiff's RLUIPA claims. Defendant may, within 3 days after service of plaintiff's opposition, file and serve a reply brief. No extensions of time in this briefing schedule will be granted absent a compelling showing of good cause. (Plummer, M)
March 13, 2015 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Allison Claire on 03/13/15 ordering that within 21 days after the filing date of this order, plaintiff shall file and serve an opposition to the motion for summary judgment or a statement of non-opposition. (Plummer, M)
January 30, 2015 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Allison Claire on 1/30/15 GRANTING 69 Motion; Defendant shall have until February 13, 2015 to file a dispositive motion.(Dillon, M)
January 16, 2015 Opinion or Order Filing 68 ORDER signed by Chief Judge Morrison C. England, Jr. on 1/15/2015 DENYING 65 Plaintiffs Motion for Reconsideration. (Reader, L)
December 23, 2014 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Allison Claire on 12/22/14 denying 55 Motion to Appoint Counsel and for certification of a class. (Plummer, M)
October 27, 2014 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Allison Claire on 10/24/14 granting 62 Motion for second modification of the discovery and scheduling order. Defendant shall have until 1/09/15 to file a dispositive motion. (Plummer, M)
October 3, 2014 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Allison Claire on 10/3/14 ORDERING that plaintiffs motion 54 to withdraw ECF No. 51 is GRANTED, and therefore ECF No. 51 is hereby WITHDRAWN.(Dillon, M)
February 5, 2014 Opinion or Order Filing 45 ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/27/13 44 are ADOPTED in full; Defendants' MOTION TO DISMISS 40 is DENIED to the extent that it seeks dismissal of Defendant Giurbino; The MOTION TO DISMISS 40 , is GRANTED to the extent that it seeks dismissal of Defendant Cate; and Defendant Giurbino shall file an answer to Plaintiff's First Amended Complaint within twenty eight days of the filing date of this order. Matthew Cate TERMINATED.(Mena-Sanchez, L)
December 27, 2013 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/27/2013 RECOMMENDING that defendants' 40 motion to dismiss be denied to the extent that it seeks dismissal of defendant Giurbino; and the 40 motion to dismiss be granted to the extent that it seeks dismissal of defendant Cate. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
August 20, 2013 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Allison Claire on 8/19/13 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the pending motion to dismiss.(Dillon, M)
May 22, 2013 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Allison Claire on 5/21/2013 DISCHARGING the 5/8/2013 order to show cause; and defendants shall file their response to the amended complaint within 21 days.(Yin, K)
May 8, 2013 Opinion or Order Filing 37 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 05/07/13 ordering defendants Matthew Cate and George Guirbino show cause within 21 days from the date of this order why default should not be entered. The clerk of the court shall for ward a copy of this order to defendants Matthew Cate and George Giurbino, c/o David Brice, Esq. Office of the Attorney General, PO Box 944255, Sacramento, CA 94244-2550; and the clerk of the court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Attorney General) (Plummer, M)
February 26, 2013 Opinion or Order Filing 35 ORDER signed by Chief Judge Morrison C. England, Jr on 2/25/13 ORDERING that the findings and recommendations filed December 5, 2012 31 are ADOPTED IN FULL; The order to show cause, filed August 8, 2012 20 is DISCHARGED; Plaintiff's motion for an order to show cause 19 is DENIED; Plaintiff's motion for default judgment 21 is DENIED; Defendant's motion to dismiss 18 is GRANTED; The complaint is DISMISSED as moot against Defendant McDonald; The complaint is DISMISSED with leave to amend against remaining Defendants for the reasons stated in the Magistrate Judge's findings and recommendation. Plaintiff's motion to amend his complaint 34 is DENIED as unnecessary; and Plaintiff shall file an amended complai nt against Defendants Cate and Guirbino within twenty-eight (28) days from the date of service of this Order. If no amended pleading is filed within 28 days, the Court will dismiss Plaintiff's complaint with prejudice and will direct the Clerk of the Court to close this case. (Becknal, R)
December 5, 2012 Opinion or Order Filing 31 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/05/12 recommending that the order to show cause filed 08/08/12 20 be discharged. The complaint be dismissed as moot against defendant McDonald. Plaintiff's motion f or an order to show cause 19 be denied. Plaintiff's motion for default judgment 21 be denied. Defendant's motion to dismiss 18 be granted and the complaint be dismissed with leave to amend against defendants Cate and Giurbino. Motions 18 , 19 , 21 referred to Judge Morrison C. England Jr. Objections due within 20 days. (Plummer, M)
October 17, 2012 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/16/12 ORDERING that the findings and recommendations 22 are VACATED; Plaintiffs October 9, 2012 motion for acceptance of his untimely response 24 is GRANTED IN PART; the opposition, f iled October 9, 2012 25 is construed as an opposition to defendants March 20, 2012 motion to dismiss; and Plaintiff is granted an additional 21 days from the filing date of this order to respond to the courts August 8, 2012 order to show cause; defendants may file an optional response within 7 days after service of plaintiffs response; and Plaintiffs failure to respond to the order to show cause shall result in a recommendation that this action be dismissed with prejudice.(Dillon, M)
September 27, 2012 Opinion or Order Filing 22 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/26/2012 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 20 days. (Yin, K)
August 8, 2012 Opinion or Order Filing 20 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 8/8/12 ORDERING that Within 21 days of the filing date of this order, plaintiff show cause why the complaint should not be dismissed as moot. Defendants may file an optional response within 7 days after service of plaintiffs response.(Dillon, M)
November 18, 2011 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 11/17/11 ORDERING the director of the CDC to collect an initial partial filing fee of $13.71 and thereafter, forward payment from the prison trust account of Andre Jamal Robinson to the clerk until the balance of $336.29 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders ). (Dillon, M)
September 27, 2011 Opinion or Order Filing 3 ORDER OF TRANSFER to the USDC for the Eastern District of California. (SI, COURT STAFF) (Filed on 9/27/2011) Modified on 9/28/2011 (ysS, COURT STAFF). [Transferred from cand on 9/28/2011.]
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Robinson v. Kate et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Andre Jamal Robinson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Matthew Kate
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: George Giurbino
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mike McDonald
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?