Lasher v. Miranda et al
Plaintiff: Gary Lasher
Defendant: R. Miranda, J. Nepomuceno, A. Pomazal and D. Swingle
Case Number: 2:2011cv02564
Filed: September 29, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Kendall J. Newman
Presiding Judge: William B. Shubb
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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 3, 2016 Opinion or Order Filing 125 ORDER signed by District Judge John A. Mendez on 8/2/16 ORDERING that the deadline to complete expert witness Discovery is EXTENDED to 10/21/2016. (Mena-Sanchez, L)
June 15, 2016 Opinion or Order Filing 122 ORDER RE 121 AMENDED STIPULATION signed by District Judge John A. Mendez on 6/14/2016 CONTINUING the Jury Trial to 5/15/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Michel, G.)
April 26, 2016 Opinion or Order Filing 118 ORDER signed by District Judge John A. Mendez on 04/25/16 ORDERING that the 115 Motion to to Modify the Pretrial Order and Permit Disclosure of ExpertWitnesses is GRANTED. The Pretrial Order is also MODIFIED to permit the depositions of any expert witnesses disclosed under FRCP 26(b)(4), with said depositions to be completed by 08/19/16. (Benson, A)
September 30, 2015 Opinion or Order Filing 114 STIPULATION AND ORDER signed by Judge John A. Mendez on 9/29/2015 CONTINUING the Jury Trial to 9/19/2016 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Michel, G.)
September 23, 2015 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2015 APPOINTING attorney David R. Johanson as counsel for Gary Lasher in this matter. The 1/25/2016 trial is VACATED and reset for 7/18/2016 at 08:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (cc: ADR) (Yin, K)
February 4, 2015 Opinion or Order Filing 104 ORDER signed by Judge John A. Mendez on 2/3/15: 99 Order to Show Cause is discharged; the jury trial set for June 8, 2015 is confirmed. (Kaminski, H)
January 22, 2015 Opinion or Order Filing 102 ORDER signed by Judge John A. Mendez on 1/21/2015 ORDERING 100 Defendants' motion to modify the scheduling order to substitute Dr. Williams as an expert witness is GRANTED; plaintiff's motion for appointment of counsel is DENIED 101 ; plaintiff's motion to reopen discovery is DENIED; and Jury Trial Reset for 6/8/2015 at 08:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Reader, L)
January 7, 2015 Opinion or Order Filing 99 ORDER signed by Judge John A. Mendez on 1/6/2015 VACATING the Jury Trial set for 1/26/2015; GRANTING the plaintiff twenty-one days to show cause why this action should not be dismissed for failure to comply with Local Rule 183(b); WARNING the plaintiff that a failure to comply with this order will result in the dismissal of this action. (Michel, G)
December 10, 2014 Opinion or Order Filing 94 ORDER signed by Judge John A. Mendez on 12/9/14: The jury trial set for January 26, 2015 is confirmed. The parties are directed to Local Rule 162.1(a) and Local Rule 163(a) for procedures regarding time limits regarding proposed voir dire and proposed jury instructions, respectively. The provisions of said local rules notwithstanding, the parties shall file proposed voir dire and proposed jury instructions, if any, not later than seven days before the date set for trial. (Kaminski, H)
July 22, 2014 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Kendall J. Newman on 07/18/14 (Trial Confirmation Hearing set for 10/17/2014 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial re-set for 11/17/2014 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez.) (Plummer, M)
June 25, 2014 Opinion or Order Filing 90 ORDER signed by Magistrate Judge Kendall J. Newman on 06/24/14 vacating 88 FINDINGS AND RECOMMENDATIONS. Defendants shall file the status report discussed above within 21 days of the date of this order. The clerk of the court is directed to amend court records to reflect plaintiff's new address contained in his 06/19/14 objections 89 . (Plummer, M)
April 18, 2014 Opinion or Order Filing 88 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/18/14 RECOMMENDING that this action be dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
March 10, 2014 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2014 ORDERING that the jury trial is RESET for 9/22/2014 at 08:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez; defendants' motions for files to be authenticated via declarations 78 , to vacate the trial date 79 and for an extension of time regarding trial deadlines 84 are DENIED; within 30 days, plaintiff shall SHOW CAUSE why this action should not be dismissed for failure to file a notice of change of address; and th e Clerk shall serve this order on plaintiff at (1) Gary Lasher, c/o Yavapai County Detention Center 2830 North Commonwealth Drive, Suite 105, Camp Verde, Arizona, 86322 and (2) Gary Lasher, F-86598, Pleasant Valley State Prison, P.O. Box 8500, Coalinga, CA, 93210. (Yin, K)
December 2, 2013 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Kendall J. Newman on 12/02/13 ordering the pretrial order is amended to reflect that plaintiff shall call no inmate witnesses and shall offer not exhibits. Plaintiff's motion for witnesses 71 is denied to the extent plaintiff requests to call inmate witnesses. (Plummer, M)
November 25, 2013 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Kendall J. Newman on 11/25/13 ordering that undisputed fact no. 15 contained in the pretrial order is amended as set forth above. (Plummer, M)
August 9, 2013 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/13 DENYING 63 Motion to Appoint Counsel. (Dillon, M)
August 7, 2013 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Kendall J. Newman on 8/6/13 ORDERING that within 15 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)
August 2, 2013 Opinion or Order Filing 65 ORDER signed by Senior Judge William B. Shubb on 8/1/2013 FINDINGS AND RECOMMENDATIONS 60 are ADOPTED in FULL; Defendants untimely request in their Objections to the magistrate judges findings and recommendations to supplement the record with brief ing and evidence is DENIED. Defendants' 51 summary judgment motion is GRANTED as to plaintiff's claim that his delay in receipt of shoulder surgery caused additional shoulder damage; and Defendants' motion is DENIED in all other respects.(Reader, L)
June 13, 2013 Opinion or Order Filing 60 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/12/13 recommending that defendants' summary judgment motion 51 be granted as to plaintiff's claim that his delay of receipt of shoulder surgery cauges additional shoulder damage; defendants' motion should be denied in all other respects. MOTION for SUMMARY JUDGMENT 51 referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
January 9, 2013 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/2013 DENYING, as moot, plaintiff's 57 motion for an extension of time; and DENYING plaintiff's 55 motion for the appointment of counsel. (Yin, K)
October 25, 2012 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/2012 DENYING plaintiff's 39 motion for transcripts. (Yin, K)
October 18, 2012 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/2012. Plaintiff's 38 Motion to Compel and Re-Open Discovery is DENIED. Within 14 days of date of Order, defendants shall inform Court whether plaintiff's Request to review deposi tion transcript is contained in record of deposition. Plaintiff's 40 Motion in Limine is DENIED without prejudice. Defendants' 44 Motion to Modify the 26 Scheduling Order is GRANTED and they may file a Summary Judgment Motion on or before 11/19/2012. (Marciel, M)
August 17, 2012 Opinion or Order Filing 37 ORDER signed by Magistrate Judge Kendall J. Newman on 8/17/2012, ORDERING that plaintiff's 35 motion for appointment of counsel is DENIED; defendants' 34 motion to modify the scheduling order is GRANTED, defendants shall conduct plaintiff's deposition on or before 8/31/2012; plaintiff's 36 motion to postpone his deposition is GRANTED and to restrict the length of his deposition is DENIED, as discussed in this order. (Yin, K)
February 29, 2012 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/12 denying 19 Motion to Appoint Counsel. (Dillon, M)
October 17, 2011 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Kendall J. Newman on 10/14/2011 ORDERING 5 Motion to Proceed IFP is GRANTED; plaintiff is obligated to pay the statutory filing fee of $350.00 for this action and is assessed an initial partial filing fee in ac cordance with the Order filed concurrently herewith; claims against defendants Nepomuceno and Swingle are DISMISSED with leave to amend; plaintiff may file an amended complaint w/i 30 days from date of service of this order; allegations in the pleadi ng against defendants Miranda and Pomazal are sufficient to state a cognizable claim; Clerk shall provide plaintiff a summons form, USM forms and copy of the 9/29/2011 complaint; w/i 30 days from date of this order, plaintiff shall complete forms and return for service by USM without prepayment of fee; failure to comply with this order will result in a recommendation that this action be dismissed. (Waggoner, D)
October 5, 2011 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/11 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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Plaintiff: Gary Lasher
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Defendant: R. Miranda
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Defendant: J. Nepomuceno
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Defendant: A. Pomazal
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Defendant: D. Swingle
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