Gastile v. Virga et al
Plaintiff: Timothy L. Gastile
Defendant: T. Virga, C. Haring, Washington, Scruggs, Mills, Mason and Fong
Case Number: 2:2011cv02829
Filed: October 26, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Edmund F. Brennan
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 10, 2015 Opinion or Order Filing 60 ORDER signed by Judge John A. Mendez on 6/9/2015 FINDINGS AND RECOMMENDATIONS 58 are ADOPTED in FULL; Defendants' 56 motion to enforce the settlement agreement, is GRANTED; Defendants are directed to tender the filing fee for this action to the Clerk of the Court; Upon receipt of the filing fee, this action will be dismissed with prejudice. The dismissal with prejudice will constitute an adjudication on the merits. Fed. R. Civ. P. 41(b). (Reader, L)
February 10, 2015 Opinion or Order Filing 58 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/9/2015 RECOMMENDING that the court enforce the settlement by ordering defendants to tender the fee to the court, upon receipt of which the court will dismiss the case with prejudice. 56 Motion to Enforce the Settlement Agreement referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
June 19, 2014 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/19/14 ORDERING that plaintiffs request to set aside the settlement (ECF No. 47 ) is DENIED. Dispositional documents remain due in accordance with the six month deadline imposed by Judge Newman on April 17, 2014.(Dillon, M)
January 28, 2014 Opinion or Order Filing 44 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 1/28/2014 ORDERING the custodian to produce Timothy L. Gastile #D-23237, to testify in USDC at 9:00 a.m. on 4/17/2014 in courtroom #25, before Magistrate Judge Kendall J. Newman; and 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. (cc: OTCD-SAC, KJN) (Yin, K)
December 20, 2013 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/2013 REQUESTING the parties to submit confidential settlement statements, no later than 30 days, as described in this order. (cc: ADR)(Yin, K)
October 25, 2013 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/24/13 granting 38 Motion to take plaintiff's deposition via videoconference. Nothing in this order shall be interpreted as requiring the institution in which plaintiff is housed to obtain video conferencing equipment if it is not already available. (Plummer, M)
September 5, 2013 Opinion or Order Filing 35 ORDER adopting in full 31 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 9/4/13. Defendants Day and Washington are DISMISSED without prejudice. (Kastilahn, A)
July 18, 2013 Opinion or Order Filing 31 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/17/2013 RECOMMENDING that defendants Day and Washington be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
July 12, 2013 Opinion or Order Filing 30 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/11/13 recommending that defendants' 02/20/13 motion to dismiss 19 be granted in part-such that plaintiff's claims against defendants Fong, Mills and Scruggs be dismissed without prejudice for failure to exhaust-and otherwise denied. MOTION to DISMISS 19 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
January 22, 2013 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/22/13 ORDERING the Court, having considered Defendants Fong, Mills, Scruggs, and Virga's request for extension of time to respond to Plaintiff's complaint, and good cause appearing, IT IS ORDERED that Defendants have to and including February 20, 2013 to file and serve their responsive pleading. (Becknal, R)
October 10, 2012 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 10/10/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Timothy L. Gastile to the clerk until the balance of $350 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)
November 8, 2011 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2011 ORDERING Plaintiff to submit the proper filing fee or and application to proceed IFP within 30 days; DIRECTING the Clerk to mail an application to proceed IFP to the Plaintiff. (Michel, G)
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Plaintiff: Timothy L. Gastile
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Defendant: T. Virga
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Defendant: C. Haring
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Defendant: Washington
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Defendant: Scruggs
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Defendant: Mills
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Defendant: Mason
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Defendant: Fong
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