Reece v. Basi, et al
| Charles G. Reece |
| Amrick Basi, LeHay, Diane Villote, Naku, Chief Pharmacist and Alvaro C. Traquina |
| 2:2011cv02712 |
| October 14, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Gregory G. Hollows |
| Garland E. Burrell |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
121
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/03/16 ORDERING defendants' requests for a ruling on their motions for summary judgment 118 , 120 are granted to the extent these findings and recommendatio ns recommend a disposition on the motions to the assigned district judge. Defendants' motions to strike plaintiff's surreplies 114 , 117 are granted and the clerk of the court is directed to strike plaintiff's surreplies 110 , [11 5] from the record. Also, RECOMMENDING that defendants' motions for summary judgment 92 , 94 be granted. Plaintiff's motions for summary judgment 95 , 107 be denied; and judgment be entered for defendants. Motions 92 , 94 , 95 , 107 referred to District Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
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Filing
106
ORDER signed by Magistrate Judge Allison Claire on 12/15/15 ordering the clerk of the court is directed to file the motion for summary judgment at ECF 57 in Reece v. Traquina, 2:10-cv-2949 JAM CKD, in this case. Defendants Lahey and Villote shall have 30 days from the date the Clerk files the motion for summary judgment in this case in which to file a response. Plaintiff is not required to mail another copy of the motion. (Plummer, M)
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Filing
101
ORDER signed by Magistrate Judge Allison Claire on 12/07/15 ordering that within 14 days of service of this order, plaintiff must file a notice with the court stating whether he filed a renewed motion for summary judgment against defendants Lahey an d Villote or whether he intended to file only an opposition to the motion for summary judgment filed by defendants Lahey and Villote. If plaintiff filed a renewed motion for summary judgment against defendants Lahey and Villote, he must submit another copy for filing and state the date he originally mailed the renewed motion. (Plummer, M)
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Filing
91
ORDER signed by Magistrate Judge Allison Claire on 9/30/2015 DENYING as moot plaintiff's 84 motion to correct error. The parties' 49 , 68 , 72 , 73 cross-motions for summary judgment are VACATED. The parties may file new motions for summary judgment within 60 days. (Yin, K)
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Filing
65
ORDER signed by Magistrate Judge Allison Claire on 06/05/14 ordering plaintiff's motion to compel discovery 52 is granted in part to the extent specified above regarding request for production Nos. 2-3, 7-10, 13 and 17, and is otherwise denied . Defendant Basi shall serve further responses and any responsive documents in accordance with this order within 14 days. Plaintiff's motion for reconsideration 51 is denied. Defendants Villote and Lahey's motion to withdraw admissions arising from failure to serve timely discovery responses 49 is granted and the deadline for moving defendants to serve responses to discovery requests is extended to 04/25/14, nunc pro tunc. Plaintiff's motion for a default judgment against defendants Villote and Lahey as a discovery sanction 57 is denied. Discovery is re-opened for the limited purpose of permitting plaintiff to bring a motion to compel discovery within 60 days of the date of this order, should he choose to, with res pect to the discovery responses provided by defendants Villote and Lahey. The dispositive motion deadline is hereby re-set for 10/16/14. Plaintiff will have until that date to supplement his motion for summary judgment 49 , should he so choose, an d defendants must file any cross-motion for summary judgment no later than 10/16/14. Oppositions by all parties will be due 30 days after the dispositive motion deadline and replies will be due within 21 days of the service of the parties' oppositions. (Plummer, M)
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Filing
39
ORDER signed by Magistrate Judge Allison Claire on 10/22/13 ordering this case having been closed in error due to a clerical mistake, is hereby ordered re-opened pursuant to FRCP 60(a). This action proceeds on plaintiff's Eighth Amendment claim of deliberate indifference to a serious medical condition for money damages against defendants Basi, Lahey and Villote. The remaining defendants must file their answer(s) within 30 days of the date of this order. (Plummer, M)
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Filing
33
ORDER signed by Magistrate Judge Allison Claire on 04/08/13 ordering that by his notice 32 , defendant Basi has demonstrated timely reimbursement of the United States Marshal's Service for the cost of personal service upon him pursuant to court order. Accordinly, the court finds that defendant Basi has fully discharged this court's order 28 . (Plummer, M)
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Filing
31
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/3/13 ORDERING that Plaintiffs request for an entry of default and/or motion for default judgment against defendants Naku and Basi 21 is denied; and this court is to be informed forthwith if defendant Basi has not reimbursed the United States Marshals Service for the cost of personal service of process upon him, pursuant to the courts order at ECF No. 28 ; The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal; and the Clerk of the Court is directed to correct the spelling of the names of defendant LeHay to Lahey and defendant Amrick Basi to Amrik Basi in the case docket. IT IS RECOMMENDED that defendants motion to dismiss 19 be granted, and the complaint dismissed with prejudice, on the grounds that: 1) the complaint as a whole is barred by the statute of limitations; and, in the alternative, that: 2) plaintiffs claims for injunctive relief are moot; 3) pl aintiffs claims for injunctive relief in the form of a modification of prison policy may proceed only pursuant to the procedure outlined in the Plata stipulation; 4) plaintiff fails to state a claim as to defendants Naku and Traquina. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
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Filing
28
ORDER signed by Magistrate Judge Allison Claire on 12/3/2012 ORDERING that within 14 days, defendant Amrick Basi shall pay to the USM the sum of $207.00, unless within that time defendant files a written statement showing good cause for his failure to waive service; and the Clerk is to serve a copy of this order on the USM. (cc: USM)(Yin, K)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Charles G. Reece signed by Magistrate Judge Gregory G. Hollows on 2/15/2012. (Waggoner, D)
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