Anderson v. Kelso, et al.
| Samuel Anderson |
| J. Clark Kelso, T. Kimura-Yip, J. Walker, N. Warren, L. Zamora, L Flemings, R L Gower, Dorothy Swingler, Bonnie Lee, A M Promagal, D. Medina, N. French, Friedenfeldt, Garcia, Marvin Lee, R Burnett, D Garbett and D. Frazier |
| 2:2012cv00261 |
| January 31, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Kendall J. Newman |
| Morrison C. England |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
276
MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 3/21/2017 ORDERING that Defendants' 256 Motion for Judgment as a Matter of Law, or in the Alternative, for New Trial is DENIED. Plaintiff's 258 Motion for Attorn eys' Fees is GRANTED in part and DENIED in part, consistent with the foregoing, and Plaintiff is awarded $101,251.44 in attorneys' fees and $13,998.04 in associated costs. Twenty-five percent of Plaintiff's judgment shall go to pay the aforementioned fee award. Plaintiff's pro se 271 , 272 , 273 , 274 Motions are DENIED as improperly before the Court. (Zignago, K.)
|
|
Filing
234
ORDER signed by Chief Judge Morrison C. England, Jr on 3/14/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Chijioke O. Ikonte is GRANTED. (Crouch, J)
|
|
Filing
208
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/20/2016 ORDERING the custodian to produce Samuel Anderson #V-84409, to testify in USDC at 9:00 a.m. on 3/14/2016 in courtroom 7, before Judge Morrison C. England, Jr.; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (3 Certified copies served by mail on the CSP-LAC Warden) (Yin, K)
|
|
Filing
204
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/08/15 regarding confidential material. (See order for further details) (Plummer, M)
|
|
Filing
202
ORDER signed by Magistrate Judge Kendall J. Newman on 09/30/15 ordering that plaintiff's request for medical records of non-party inmates is denied. (Plummer, M)
|
|
Filing
197
ORDER signed by Magistrate Judge Kendall J. Newman on 7/2/15 ORDERING that Defendants' request to amend the pretrial order is GRANTED; The pretrial order is amended as follows: Discovery is closed, except for depositions of expert witnesses listed by the parties in their pretrial statements, which shall be completed by September 18, 2015.(Dillon, M)
|
|
Filing
186
ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2015 DISREGARDING plaintiff's 185 motion of abandoment; the Clerk shall serve a copy of this order on plaintiff Samuel Anderson at CSP-Lancaster; the Clerk shall serve a copy of plaintiff's "Second Motion of Abandonment" on plaintiff's counsel; and within 30 days, plaintiff's counsel shall file a brief statement with the court that he has been in communication with his client. (Yin, K)
|
|
Filing
179
ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/2014 ADOPTING 178 Findings and Recommendations in full. Defendants Hoffman and Pearsall are DISMISSED. Defendants' 162 Motion for Summary Judgment is GRANTED as to defendants Pomazal, Cummings and Royston and DENIED as to defendants Swingle, Lee and Stovall. (Donati, J)
|
|
Filing
178
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/12/14 RECOMMENDING that Defendants Hoffman and Pearsall be dismissed; Defendants summary judgment motion (ECF No. 162 ) be granted as to defendants Pomazal, Cummings and Royston; and Defendants summary judgment motion (ECF No. 162 ) be denied as to defendants Swingle, Lee and Stovall. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
|
|
Filing
161
ORDER signed by Magistrate Judge Kendall J. Newman on 1/24/2014 DISREGARDING plaintiff's 160 motion for change of venue; and the Clerk shall serve a copy of this order on plaintiff Samuel Anderson at CSP-Lancaster. (Yin, K)
|
|
Filing
158
ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/14 ordering plaintiff's motion for abandonment 154 and motion to diligence 156 are disregarded. The clerk of the court is directed to serve a copy of this order on plaintiff Samuel Anderson V-84409, California State Prison Lancaster, PO Box 8457, Lancaster, California, 93539. (Copy of this order served by mail on plaintiff at CSP-Lancaster) (Plummer, M)
|
|
Filing
157
ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/2014 ORDERING plaintiff's attorney's request for authority to incur costs ($3,000) by appointed pro bono counsel Chijioke Ikonte is GRANTED. (Crouch, J)
|
|
Filing
153
ORDER signed by Magistrate Judge Kendall J. Newman on 11/21/13 GRANTING 152 Motion to extend the time to file pretrial dispositive motions; the deadline to file dispositive motions is extended from November 15, 2013, to February 14, 2014.(Dillon, M)
|
|
Filing
149
ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/13 ordering that pursuant to the stipulation by the parties, the time to complete the depositions of Dr. Cummings and Dr. Lee is extended from 10/08/13 to 11/14/13. The depositions shall be taken at or near High Desert State Prison where the defendants are employed or via video conference. (Plummer, M)
|
|
Filing
148
ORDER ADOPTING 138 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 10/8/13 and GRANTING Defendant Kelso's 117 Motion to Dismiss and 118 Motion for Summary Judgment.(Manzer, C)
|
|
Filing
146
ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2013 ORDERING that plaintiff may depose defendants Lee and Cummings on or before 10/8/2013; these depositions will occur either at or near High Desert State Prison or via video conference. (Yin, K)
|
|
Filing
144
ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/2013 DISREGARDING plaintiff's 128 motion for pain medication and 131 motion for emergency intervention. (Yin, K)
|
|
Filing
141
ORDER signed by Magistrate Judge Kendall J. Newman on 08/08/13 ordering plaintiff's request to depose Dr. Lee and Cummings is granted; plaintiff's request to depose Dr. Swingle is denied without prejudice; these depositions shall be conduc ted within 30 days from the date of this order. Within 7 days from the date of this order, plaintiff shall file a short pleading addressing when his expert witness will be available for report and deposition. Within 7 days from the date of this order, plaintiff shall file a statement regarding his client's filings. Failure to comply with this order will result in the imposition of sanctions. (Plummer, M)
|
|
Filing
138
FINDINGS and RECOMMENDATIONS, recommending that defendant Kelso's Motions 117 to Dismiss and 118 for Summary Judgment be granted, signed by Magistrate Judge Kendall J. Newman on 7/31/2013. These Findings and Recommendations are SUBMITTED to District Judge Morrison C. England, Jr.. Within 14 days after being served with F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
|
|
Filing
135
ORDER signed by Magistrate Judge Kendall J. Newman on 07/12/13 defendants' motion to take plaintiff's deposition by videoconference 116 is granted; the deposition shall occur no later than 09/11/13; on or before 07/19/13, defense counsel shall provide plaintiff's counsel with his proposed date for the deposition; on or before 07/26/13, plaintiff's counsel shall inform the defense counsel which date he has chosen; the court reporter shall attend the deposition at the prison wher plaintiff is housed. On or before 07/26/13, plaintiff shsll file either statements of non-opposition or oppositions to defendant Kelso's motion to dismiss 117 and motion for summary judgment 118 ; defendant Kelso may file a reply to pla intiff's oppositions on or before 08/09/13; these motions will not be set for hearing at this time. Defendants' motion to compel 119 is granted; on or before 08/02/13, plaintiff shall provide defendants with responses to the at-issue int errogatories and requests for production of documents; all objections are waived other than attorney-client privilege. Plaintiff's motion for extension of time to conduct discovery 121 is denied in part; plaintiff is not permitted to serve de fendant Kelso with any discovery; plaintiff is not permitted to serve the other defendants with any written discovery; but on or before 07/26/13, plaintiff's counsel shall file the statement discussed above regarding proposed depositions; and de fendants may file a response to plaintiff's statement on or before 08/02/13. On or before 08/02/13, plaintiff's counsel shall file the briefing discussed above regarding his client's filings. The deadline for filing dispositive pretr ial motions is set for 11/15/13; oppositions are due 30 days thereafter; replies to oppositions are due 14 days thereafter. For the reasons discussed above, plaintiff's counsel is ordered to pay sanctions of $100.00 on or before 07/26/13. (Plummer, M)
|
|
Filing
133
ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/13 granting 132 Motion to appear telephonically at the 07/11/13 hearing. (Plummer, M)
|
|
Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/2013 ORDERING that within 7 days, plaintiff's counsel shall SHOW CAUSE why sanctions should not be imposed for his failure to appear at the 5/23/13 hearing; plaintiff's counsel shall also inform the court of his availability to personally appear at a hearing before Magistrate Judge Kendall J. Newman on 6/27/13, 7/11/13 or 7/18/13 at 10:00 am.. (Yin, K)
|
|
Filing
124
ORDER signed by Magistrate Judge Kendall J. Newman on 05/02/13 disregarding 112 Motion for adequate pain medication. The clerk of the court shall serve a copy of this order on plaintiff Samuel Anderson, V-84409, California State Prison Los Angeles County, PO Box 8457, Lancaster, California 93539. (Plummer, M) (Copy of this order served by mail on plaintiff at the address above) Modified on 5/3/2013 (Plummer, M).
|
|
Filing
115
ORDER signed by Magistrate Judge Kendall J. Newman on 04/10/13 vacating 101 Motion for Summary Judgment and denying 110 Motion for Extension of time. Within 21 days, defendant Kelso shall file the motion to dismiss and summary judgment motion as discussed above. (Plummer, M)
|
|
Filing
108
ORDER signed by Magistrate Judge Kendall J. Newman on 2/27/13 DENYING without prejudice 105 Motion for Preliminary Injunction ; Clerk of the Court is directed to serve a copy of this order on plaintiff, Samuel Anderson, V-84409, California State Prison, P.O. Box 8457, Lancaster, CA 93539. (Dillon, M)
|
|
Filing
98
ORDER signed by Magistrate Judge Kendall J. Newman on 1/9/2013 DENYING, without prejudice, plaintiff's 92 motion ; and the Clerk shall serve a copy of this order on plaintiff Samuel Anderson at CSP-LAC. (Yin, K)
|
|
Filing
97
ORDER adopting in full 75 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 1/8/13. Plaintiff's 65 motion regarding retaliation, construed as a motion for injunctive relief, is denied. (Kastilahn, A)
|
|
Filing
96
ORDER signed by Chief Judge Morrison C. England, Jr on 12/04/12 adopting 51 FINDINGS AND RECOMMENDATIONS. The claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and Wagner contained in plaintiff's second amended complaint are dismissed. (Plummer, M)
|
|
Filing
93
ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/2012 VACATING plaintiff's 77 motion to compel, motion for protective order and motion for summary judgment. (Yin, K)
|
|
Filing
88
ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 09/20/12 and ORDERING that plaintiff's 28 , 30 Motions for Injunctive Relief are DENIED AS MOOT. (Benson, A.)
|
|
Filing
79
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/12 ORDERING that Chijioke Ikonte is appointed as counsel in this matter. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at spark@caed.uscourts.gov if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Chijioke Ikonte, Akudinobi & Ikonte, 3540 Wilshire Boulevard, Suite 850, Los Angeles, California 90010. (Mena-Sanchez, L)
|
|
Filing
75
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/3/12 RECOMMENDING that 65 MOTION regarding retaliation, construed as a motion for injunctive relief, be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
|
|
Filing
74
ORDER signed by Magistrate Judge Kendall J. Newman on 08/02/12 denying 71 Motion for Extension of time. Plaintiff's motion for a court order granting him permission to obtain declarations 72 is denied. Plaintiff's 07/27/12 letter, docketed as a motion 73 is disregarded. (Plummer, M)
|
|
Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 07/19/12 granting 69 Motion for Extension of time. Plaintiff is granted 30 days to file objections to the 06/25/12 findings and recommendations. Plaintiff's motion for permission to enter other housing units to obtain declarations from other prisoners 68 is denied. (Plummer, M)
|
|
Filing
62
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/22/12 RECOMMENDING that 28 and 30 Motions for injunctive relief be denied as moot. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
|
|
Filing
60
ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2012 GRANTING plaintiff's 57 motion for appointment of counsel; and the clerk is to locate forthwith an attorney admitted to practice in this court who is willing to accept the appointment. (cc: ADR) (Yin, K)
|
|
Filing
51
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/30/12 RECOMMENDING that the claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and Wagner contained in plaintiffs second amended complaint be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
|
|
Filing
48
ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/12 ORDERING that the Clerk of the Court is directed to serve this order and Dkt. Nos. 23 , 30 and 40 on Supervising Deputy Attorney General Monica Anderson; Defendants may file a response to plaintiffs requests for reinstatement of his pain medication within fourteen days of the date of this order. (Dillon, M)
|
|
Filing
35
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Samuel Anderson signed by Magistrate Judge Kendall J. Newman on 3/30/2012. CDC is to collect an initial partial filing fee and thereafter the balance 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 Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
|
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
