Moncrief v. California Department of Corrections and Rehabiliation et al
Plaintiff: John Philip Moncrief
Defendant: California Department of Corrections and Rehabilitation, James D. Hartley, Randy Grounds and Gary Swarthout
Case Number: 2:2012cv00414
Filed: February 16, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
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
October 2, 2017 Opinion or Order Filing 148 ORDER signed by Magistrate Judge Allison Claire on 10/2/2017 DENYING 147 Motion for Extension of Time; DIRECTING Clerk of Court to update docket to reflect plaintiff's address of record as California Medical Facility, P.O. Box 2000, Vacaville, CA 95696; and DIRECTING Clerk of Court to re-serve plaintiff 146 Findings and Recommendations. (Henshaw, R)
September 27, 2017 Opinion or Order Filing 146 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/27/17 ORDERING plaintiff's request for leave to amend the complaint 143 is denied. Also, RECOMMENDING that defendants' motion for summary judgment [10 9] be granted and judgment entered for defendants on Counts I and II. The court decline to exercise supplemental jurisidiction over Counts III, IV and V, and those Counts be dismissed. Motion 109 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
August 23, 2017 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Allison Claire on 08/22/17 ordering that defendants' may file a reply in support of their motion for summary judgment within 14 days of service of this order. (Plummer, M)
May 30, 2017 Opinion or Order Filing 135 ORDER signed by Magistrate Judge Allison Claire on 5/26/2017 DENYING 134 Motion for Appointment of Investigative Judge and ORDERING Defendants to file response to 131 , 132 , and 133 Motion for Extensions within 14 days of the date of this order. (Henshaw, R)
May 2, 2017 Opinion or Order Filing 130 ORDER signed by Magistrate Judge Allison Claire on 05/02/17 ordering Plaintiffs requests for additional discovery 123 , 126 and 127 are denied. Plaintiffs request for phone usage and transfer to another facility 124 is denied. Plaintiffs reque st for a large-print copy of the Local Rules 129 is denied. Plaintiffs motion for a ninety-day extension of time 128 is denied without prejudice. Plaintiffs request for an order allowing his family to purchase eye glasses for him 128 is denied. (Plummer, M) Modified on 5/2/2017 (Plummer, M).
April 5, 2017 Opinion or Order Filing 122 ORDER signed by Magistrate Judge Allison Claire on 04/05/17 ordering plaintiffs requests for additional discovery 119 , 120 are granted only to theextent that defendants shall notify the court, within twenty-one days of the filing of this order,w hether a CDC 7371 dated November 15, 2010, exists for plaintiff. If there is such a CDC 7371form, defendants shall provide plaintiff with a copy of the form within twenty-one days of thedate of this order. The requests are otherwise denied. Plaintiffs motion for additional depositions 121 is denied. Discovery will notbe re-opened. (Plummer, M)
February 24, 2017 Opinion or Order Filing 114 ORDER signed by Magistrate Judge Allison Claire on 2/23/2017 GRANTING in part plaintiff's 113 motion for an extension of time; plaintiff has an additional 30 days to file a response to defendants' motion for summary judgment. Plaintiff's response shall now be filed on or before 4/10/2017. (Yin, K)
February 7, 2017 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Allison Claire on 2/7/17: Plaintiff shall continue to proceed pro se in this case. Plaintiff's request for an evidentiary hearing (ECF No. 105) is denied. Defendants may file and serve a renewed motion for summary judgment within ten days of service of this order. (Kaminski, H)
January 26, 2017 Opinion or Order Filing 104 ORDER signed by Magistrate Judge Allison Claire on 1/26/2017 DENYING plaintiff's 103 motion for appointment of counsel. The deadline for replacement counsel to appear in this case will remain 2/2/2017. If replacement counsel does not appear by that date, plaintiff shall continue to proceed in pro se. (Yin, K)
November 3, 2016 Opinion or Order Filing 100 ORDER signed by Magistrate Judge Allison Claire on 11/02/16 ordering The motion to withdraw 93 is granted. Plaintiffs counsel, Kenneth N.Frucht and Frederick J. Geonetta of Geonetta & Frucht, LLP, shall be released from their representation of plai ntiff effective forty-eight hours from the November 2, 2016 hearing. Within twenty-four hours of the November 2, 2016 hearing, and prior to their release from representation, either Mr. Frucht or Mr. Geonetta shall mail plaintiff a letter further ex plaining the reasons for their withdrawal of representation. Plaintiff shall have sixty days to locate and retain a new lawyer. If another attorney has not filed a notice of appearance in this case by January 3, 2017, plaintiff shall continue to proc eed pro se. Defendants motion for summary judgment 81 is VACATED. A further order regarding renewed briefing will issue once the status of plaintiffs representation is resolved. All other deadlines and dates are hereby VACATED. The Clerk of the Court is directed to serve plaintiff with a copy of this order at Richard J. Donovan Correctional Facility, 480 Alta Road, San Diego, CA 92179. (Plummer, M) Modified on 11/3/2016 (Plummer, M).
October 27, 2016 Opinion or Order Filing 98 ORDER signed by Magistrate Judge Allison Claire on 10/26/16 ordering that plaintiff's request to be present at the 11/02/16 hearing on counsel's motion to withdraw 97 is granted to the extent that plaintiff will appear at the hearing telephonically. (Plummer, M)
September 7, 2016 Opinion or Order Filing 95 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 9/6/2016 ORDERING the custodian to produce John Philip Moncrief #E-54305, to appear by telephonic-conferencing at 10:00 a.m. on 11/2/2016 before Ma gistrate Judge Allison Claire; 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 Litigation Coordinator and Warden. (3 Certified copies served by mail on the Warden of RJDCF and 1 copy faxed to the Litigation coordiantor.)(Yin, K)
August 3, 2016 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Allison Claire on 08/02/16 ordering the 08/31/16 hearing on defendants' motion for summary judgment is vacated. All briefing on defendants' motion for summary judgment is stayed pending resolution of couns el's forthcoming motion to withdraw, at which time new deadlines will be set. Plaintiff's counsel shall have 30 days from service of this order to file a motion to withdraw. If counsel fails to file a motion to withdraw, briefing on the m otion for summary judgment will resume without delay and no further extensions to file an opposition will be granted. The 10/20/16 pretrial conference, 12/12/16 trial and pretrial deadlines are hereby vacated. Trial will be re-set, if necessary, after resolution of the motion for summary judgment. (Plummer, M)
July 21, 2016 Opinion or Order Filing 89 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 07/20/16 ordering that plaintiff has until 8/01/16 to file plaintiff's opposition to the summary judgment motion, and that the hearing on the motion be set for 8/31/16. (Plummer, M)
June 14, 2016 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Allison Claire on 6/13/16 ORDERING that the parties' stipulated request to extend plaintiffs time to oppose defendants' motion for summary judgment (ECF No. 86 ) is granted and plaintiff shall have until July 22, 2016, to file his opposition. The July 20, 2016 hearing is vacated and re-set for August 17, 2016, at 10:00 a.m. in Courtroom 26. (Dillon, M)
March 1, 2016 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Allison Claire on 02/29/16 ordering the parties stipulation to extend the time to take plaintiff's deposition 79 is granted and defendants shall have until 4/01/16 to take plaintiff's deposition. Defendants' request to extend the deadline for filing dispositive motions 79 is granted and dispositive motions shall be filed no later than 5/02/16 and heard no later than 6/01/16. (Plummer, M)
February 2, 2016 Opinion or Order Filing 78 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/01/16 ordering that the time for defendants to take the deposition of plaintiff is extended to 2/19/16. (Plummer, M)
October 7, 2015 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Allison Claire on 10/06/15 ordering ( Dispositive Motions filed by 1/6/2016, and noticed to be heard no later than 02/03/16. Jury Trial remains scheduled for 8/1/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. with pretrial deadlines as set forth in the 2/04/15 minute order 56 ) (Plummer, M)
September 1, 2015 Opinion or Order Filing 72 ORDER ADOPTING 71 FINDINGS AND RECOMMENDATIONS in full signed by Chief Judge Morrison C. England, Jr. on 08/31/15 ORDERING that the 62 Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to Defendant CDCR, who is now DISMISSED; GRANTED as to Count V against Defendants Grounds and Frias; and DENIED as to Count V against Defendant Gorham; plaintiff's request for leave to amend is DENIED. If plaintiff seeks to amend his complaint, he must file a motion to amend the complaint within 21 days. The motion must be accompanied by a proposed amended complaint. (Benson, A)
July 30, 2015 Opinion or Order Filing 71 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/30/15 RECOMMENDING that Defendants' motion to partially dismiss the third amended complaint 62 be granted in part and denied in part as follows: a. Granted as to de fendant CDCR and this defendant be dismissed in its entirety; b. Granted as to Count V against defendants Grounds and Frias; and c. Denied as to Count V against defendant Gorham; 2. Plaintiff's request for leave to amend be denied. If plainti ff seeks to amend the complaint, he must file a motion to amend the complaint within twenty-one days of this order.The motion must be accompanied by a proposed amended complaint. See Local Rule 137(c). Referred to Judge Morrison C. England, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
April 6, 2015 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Allison Claire on 04/03/15 ordering plaintiff's counsel of record, Kenneth N. Frucht and Lyndon Y. Chee, are jointly sanctioned $250.00 payable to the Clerk of the Court within 10 days of this order. This sanction is personal to the attorneys and is not to be transmitted to the client by way of a charge of attorney's fees and/or costs. Defendants' motion to dismiss with respect to the claims against defendant CDCR is deemed unopposed. Plaintiff shall file an opposition to the portion of the motion to dismiss that relates to the claims for intentional infliction of emotional distress within 30 days of this order. (Plummer, M)
March 26, 2015 Opinion or Order Filing 66 ORDER signed by Magistrate Judge Allison Claire on 03/25/15 ordering that within 7 days from the date of this order, plaintiff's counsel shall show cause why they should not be sanctioned $500.00 payable to the clerk of the court for failu re to respond to defendants motion to dismiss and for failing to appear at the 3/25/15 hearing. Counsel shall also show cause why failure to file an opposition should not be deemed as a statement of non-opposition and result in a recommendation that the motion to dismiss be granted. (Plummer, M)
February 18, 2015 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Allison Claire on 2/17/2015 GRANTING the stipulation to extend time for the defendants to respond to the third amended complaint, and defedants Grounds and CDCR shall have until 2/19/2015 to respond to the third amended complaint; the United States Marshals Service shall send waiver of service of summons forms for defendants Gorham and Frias to their counsel of record. (cc: USM)(Yin, K)
November 13, 2014 Opinion or Order Filing 54 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 11/12/14 ordering that the time for plaintiff to file a motion to amend and to file an amended complaint be extended from 11/07/14 to 1/15/14. (Plummer, M)
August 26, 2014 Opinion or Order Filing 52 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 08/25/14 ordering that the time for plaintiff to file a motion to amend and to file an amended complaint is extended to 11/07/14. (Plummer, M)
June 25, 2014 Opinion or Order Filing 50 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 06/24/14 ordering that the time for plaintiff to file a motion to amend and to file an amended complaint is extended from 06/20/14, as set forth in the court's 05/02/14 order 46 to 08/25/14. (Plummer, M)
May 5, 2014 Opinion or Order Filing 46 ORDER signed by Magistrate Judge Allison Claire on 05/02/14 ordering initial disclosures under Fed. R. Civ. P. 26(a)(1) shall be completed by 05/21/14. The deadline for filing a motion to amend as well as an amended complaint is 06/20/14. The parti es shall conclude fact discovery and file any motions to compel related to non-expert discovery by 1/14/15. The parties shall make initial expert witness disclosures by no later than 02/16/15. Rebuttal expert witness reports are due by 03/06/15. Ex pert discovery shall be completed and any motions pertaining to expert discovery shall be filed by 03/25/15. Such motions shall be noticed to be heard no later than 04/22/15. Dispostive motions shall be filed no later than 4/29/15 and noticed to be heard no later than 5/27/15. Final pretrial conference is set for 05/28/15 at 2:00 p.m. and jury trual is set for 07/13/15 at 9:00 a.m. both before Judge Morrison C. England Jr. in courtroom 7. (Plummer, M)
April 22, 2014 Opinion or Order Filing 45 ORDER adopting 42 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 4/17/14 GRANTING in part and DENYING in part 35 Motion to Dismiss. The second amended complaint shall proceed solely on counts 4, 5 and 7-9. (Manzer, C)
March 25, 2014 Opinion or Order Filing 42 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/24/2014 RECOMMENDING that 35 motion to dismiss be granted in part and denied in part as stated in these recommendations, and the 34 second amended complaint be allowed to proceed solely on Counts 4, 5, 7-9 against defendant Ground and Does 1-50 pending further discovery and plaintiff's anticipated motion to amend the complaint to identify the Doe defendants. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
March 20, 2014 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Allison Claire on 03/19/14 ordering the parties are ordered to meet and confer within 21 days regarding matters contemplated by Rule 26(f). The parties are ordered to submit a joint status report no later than 4/16/14. (See order for further details) (Plummer, M)
March 14, 2014 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Allison Claire on 3/13/2014 ORDERING that in addition to the motion to dismiss, counsel shall be prepared to discuss the status and/or scheduling of discovery, any additional amendment(s) to substitute named defendants for Doe defendants and related scheduling matters at the 3/19/14 motion hearing.(Yin, K)
February 10, 2014 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Allison Claire on 2/7/2014 VACATING the 2/12/2014 hearing, hearing on defendants 35 motion to dismiss is CONTINUED to 3/19/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; plaintiff shall file an opposition, if any, to the motion to dismiss no later than 3/5/2014. (Yin, K)
October 9, 2013 Opinion or Order Filing 33 ORDER ADOPTING 32 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 10/8/13 GRANTING 25 , 29 Motion to Dismiss. Plaintiff's first amended complaint is DISMISSED. Amended complaint due within 30 days. (Manzer, C)
August 30, 2013 Opinion or Order Filing 32 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/29/2013 RECOMMENDING that defendants' 25 , 29 amended motion to dismiss be granted; plaintiff's first amended complaint be dismissed; within 30 days of any order adopting these findings and recommendations, plaintiff be granted leave to file a second amended complaint in accordance with this findings and recommendations. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
July 19, 2013 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Allison Claire on 7/18/13 ORDERING that the May 8, 2013 order to show cause (ECF No. 20 ) is discharged. (Dillon, M)
May 8, 2013 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Allison Claire on 5/7/2013 ORDERING defendants to SHOW CAUSE, within 21 days, why default should not be entered; the Clerk shall forward a copy of this order to Kelli Hammond, Esq; and the Clerk shall also serve a copy of this order on Monica Anderson. (cc: Monica Anderson)(Yin, K)
February 14, 2013 Opinion or Order Filing 18 ORDER signed by Chief Judge Morrison C. England, Jr. on 2/14/2013 FINDINGS AND RECOMMENDATIONS 15 are ADOPTED in FULL; defendents' 11 Motion to Dismiss is GRANTED as to Counts Three, Four, Five and Six of the First Amended Complaint, and DENIED as to all remaining counts; and not later than 20 days following the date this Order is electronically filed, Plaintiff may (but is not required to) file an amended complaint.(Reader, L)
November 19, 2012 Opinion or Order Filing 15 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/19/12 RECOMMENDING that 11 MOTION to DISMISS be granted as to Counts Three, Four, Five and Six, and denied as to all remaining counts; and Plaintiff be granted leave to amend the first amended complaint within 14 days of the filing date of any order adopting these findings and recommendations. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
September 10, 2012 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/10/2012, ORDERING that the 9/13/12 hearing is VACATED; defendants' 8 motion to dismiss is VACATED; within 21 days, defendants shall file either (1) a motion to dismiss the first amended complaint, or (2) an answer to the first amended complaint. (Yin, K)
May 24, 2012 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/24/12: The Clerk of the Court is directed to issue and send plaintiff four (4) summonses, for defendants: California Department of Corrections and Rehabilitation; James D. Hartley; Randy Ground s; and Gary Swarthout. The Clerk shall also send plaintiff five (5) copies of the form "Consent to Proceed Before United States Magistrate Judge" with this order. Plaintiff's status report shall be filed within ninety days from the date of this order. (Kaminski, H)
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Search for this case: Moncrief v. California Department of Corrections and Rehabiliation et al
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Plaintiff: John Philip Moncrief
Represented By: Kenneth N. Frucht
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Defendant: California Department of Corrections and Rehabilitation
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Defendant: James D. Hartley
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Defendant: Randy Grounds
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Defendant: Gary Swarthout
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