Leonard v. Denny, et al
Plaintiff: David G. Leonard
Defendant: Jim Denny, J. Saunder, Dorris Brown, Sutter County Sheriff's Department and Sutter County Jail
Case Number: 2:2012cv00915
Filed: April 9, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Kings
Presiding Judge: Gregory G. Hollows
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
October 5, 2020 Opinion or Order Filing 209 ORDER signed by District Judge Troy L. Nunley on 10/2/2020 ADOPTING 206 Findings and Recommendations in full; DISMISSING the Doe defendant; and GRANTING 164 Motion for Summary Judgment. CASE CLOSED. (Coll, A)
August 26, 2020 Opinion or Order Filing 206 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/25/2020 DENYING plaintiff's 188 motion for sanctions based on the destruction of evidence, 190 motion to strike the declaration of Robert Kersten, and 191 motion for sanctions. IT IS RECOMMENDED that Doe defendant be dismissed; defendants' 164 motion for summary judgment be granted; and Judgment be entered for defendants Denny, Parker, Bidwell, Sanders, Brown, Sutter County Jail, Sutter County Sheriff, and Sutter County. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
January 25, 2019 Opinion or Order Filing 195 ORDER signed by Magistrate Judge Allison Claire on 1/24/19 ORDERING plaintiff should not submit another copy of his opposition to the motion for summary judgment or any other briefing on the matter. (Plummer, M)
January 22, 2019 Opinion or Order Filing 193 ORDER signed by Magistrate Judge Allison Claire on 1/18/19 ORDERING within 10 days of service of this order, plaintiff shall file a copy of his opposition to defendants' motion for summary judgment. The opposition should not be accompanied by any supporting documents or additional motions that plaintiff previously submitted. Also, DENYING 192 motion for extension of time. (Plummer, M)
December 5, 2018 Opinion or Order Filing 182 ORDER signed by Magistrate Judge Allison Claire on 12/4/2018 GRANTING 180 Motion for Extension of Time. Plaintiff shall have until 12/26/2018, to file a response to 164 Motion for Summary Judgment. No further extensions of time will be granted. (Huang, H)
November 30, 2018 Opinion or Order Filing 179 ORDER signed by Magistrate Judge Allison Claire on 11/30/18 DISCHARGING 171 Order to Show Cause; DENYING 175 Motion to Strike; and GRANTING plaintiff 14 day after being served with this order to file his response to 164 Motion for Summary Judgment. (Coll, A)
October 29, 2018 Opinion or Order Filing 171 ORDER signed by Magistrate Judge Allison Claire on 10/29/18 DENYING 170 Motion to Strike; GRANTING defendants 14 days to submit a properly signed version of Robert Kersten's declaration; and GRANTING counsel for defendants 14 day to show cause why they should not be personally sanctioned $150.00 for repeatedly failing to comply with the rules and orders of this court. (Coll, A)
August 23, 2018 Opinion or Order Filing 162 ORDER signed by Magistrate Judge Allison Claire on 08-22/18 ORDERING plaintiffs motion to strike or deny the defendants motion for summary judgment 158 is GRANTED in part and defendants motion for summary judgment 141 is stricken without prejudice to refilling. The February 1, 2018 dispositive motion deadline is vacated and re-set to August 30, 2018. Defendants shall have until August 30, 2018 to re-serve and re-file their motion for summary judgment. The motion must be accompanied by a Rand Notice and the Notice must bein a document separate from the motion. Failure to contemporaneously serve plaintiff with a Rand Notice will result in sanctions. Plaintiffs motion for an extension of time 160 is DENIED as moot. (Plummer, M)
June 14, 2018 Opinion or Order Filing 157 PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 06/13/18 ORDERING The parties Stipulated Protective Order 151 at 8-12 is APPROVED and INCORPORATED herein. Plaintiffs unopposed motion for protective order 152 is GRANTED and the proposed Protective Order 152 at 6 is APPROVED AND INCORPORATED herein. (See order for further details.) (Plummer, M) Modified on 6/14/2018 (Plummer, M).
June 13, 2018 Opinion or Order Filing 156 ORDER signed by Magistrate Judge Allison Claire on 6/13/2018 ORDERING plaintiff's 135 motion to substitute defendant "J. Saunders" is GRANTED to the extent the Clerk is directed to update the docket to reflect that defendant "J . Saunders" correct name is "Samuel Sanders," the motion is otherwise DENIED; plaintiff's 136 motion to reopen discovery is DENIED; defendants' 140 motion to exceed the page limit for their summary-judgment motion is DENIED as unnecessary; plaintiff's 148 , 153 , 154 motions for an extension of time are GRANTED; plaintiff shall have 60 days to respond to he motion for summary judgment. (Yin, K)
December 8, 2017 Opinion or Order Filing 134 ORDER signed by Magistrate Judge Allison Claire on 12/7/2017 GRANTING 133 Motion for Extension of Time. The parties shall up to 2/1/2018, to file dispositive motions. (York, M)
October 17, 2017 Opinion or Order Filing 132 ORDER signed by Magistrate Judge Allison Claire on 10/16/2017 ORDERING that the parties shall have 60 days from the date of the service of this order to file dispositive motions. (Hunt, G)
June 12, 2017 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Allison Claire on 06/12/17 ordering plaintiffs request for additional time to meet and confer with defendants on discovery matters 124 is granted. Plaintiffs motion to compel filed September 29, 2016 99 is vacated . The parties shall have sixty days from the filing of this order to complete the meet and confer process regarding discovery disputes. Within seven days of the parties final telephonic meeting, defendants shall notify the court of the date of that meeting and that discussions regarding discovery disputes have concluded. Plaintiff shall have forty-five days from the date of the final telephonic conference to file a motion to compel addressing any discovery issues that are still outstanding. (Plummer, M) Modified on 6/12/2017 (Plummer, M).
May 3, 2017 Opinion or Order Filing 126 ORDER signed by Magistrate Judge Allison Claire on 05/02/17 ordering that within 7 days of the filing of this order, defendants shall notify the court regarding the status of discovery as set forth in this order. (Plummer, M)
February 22, 2017 Opinion or Order Filing 121 ORDER signed by Magistrate Judge Allison Claire on 2/21/2016 ORDERING within seven days, defendants shall notify the court when the parties conducted their final telephonic conference as part of the meet and confer process.(Yin, K)
December 1, 2016 Opinion or Order Filing 118 ORDER signed by Magistrate Judge Allison Claire on 11/30/2016 VACATING plaintiff's 117 amended motion to compel discovery, with leave to re-file if necessary after the parties meet and confer. (Yin, K)
November 17, 2016 Opinion or Order Filing 116 ORDER signed by Magistrate Judge Allison Claire on 11/16/16 ordering plaintiffs motions to compel answers to interrogatories and requests for admissions 108 , 109 , 11 are vacated with leave to re-file as necessary after the parties meet andconfer. Plaintiffs motion for extension of time 110 is denied as moot. (Plummer, M)
November 8, 2016 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Allison Claire on 11/07/16 ordering plaintiffs motion to compel responses to interrogatories 104 and his deadline to file a motion to compel responses to requests for admission are vacated. Defendants shall have th irty days from the date of this order to conduct a telephonic meet and confer with plaintiff and shall notify the court of the date the meet and confer took place within seven days of the call. Within fourteen days of the meet and confer, plaintiff shall advise the court of any discovery disputes related to his request for production that were resolved during the meet and confer. Plaintiff shall have forty-five days from the date of the meet and confer to file a motion to compel answers to interrogatories or requests for admissions.. (Plummer, M) Modified on 11/8/2016 (Plummer, M).
October 7, 2016 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Allison Claire on 10/07/16 ordering plaintiffs motion to extend the time to file motions to compel 98 is granted and plaintiff shall have thirty days from service of this complaint to file and serve motions to compe l responses to his interrogatories and requests for admission. The December 19, 2016 dispositive motion deadline is hereby vacated and will be reset upon resolution of any discovery issues. Plaintiffs request for an extension of time to amend the co mplaint 98 is granted to the extent the court will delay in recommending dismissal of defendant Doe. The request is otherwise denied as moot. Plaintiffs request that the court order CDCR to provide him with copies 95 is denied without prejudice to a motion containing the information requested by the court. (Plummer, M) Modified on 10/7/2016 (Plummer, M).
August 12, 2016 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Allison Claire on 08/12/16 ordering plaintiffs motion for an extension of time to serve his discovery responses 92 is granted. Plaintiff shall have an additional fourteen days to serve his responses to defendants di scovery requests. Plaintiffs motion for a protective order 93 is denied without prejudice to a motion accompanied by a proposed order. Plaintiffs motion for stay 93 is construed as a motion for extension and is denied without prejudice. Within f ourteen days of service of this order, plaintiff shall file a supplement to his motion for copies 95 . Plaintiffs request to withdraw his objections and motion for subpoena forms 96 is granted. Plaintiffs objections 87 and motion for blank subpoena forms 94 are withdrawn. (Plummer, M) Modified on 8/12/2016 (Plummer, M).
July 21, 2016 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Allison Claire on 07/20/16 ordering defendants shall have until 7/22/16 to file a notice with the court advising whether plaintiff's deposition took place and was completed as scheduled on 07/12/16 or whether the deposition still needs to be completed. Plaintiff's request for blank subpoena forms 88 is denied as moot. (Plummer, M)
July 14, 2016 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Allison Claire on 07/13/16 ordering plaintiffs motion to quash 81 is denied as moot. Plaintiffs request for blank subpoena forms 81 is granted. The Clerk ofthe Court shall send plaintiff fourteen signed but other wise blank civil subpoena forms. Plaintiffs request for extension of time 83 is granted and the deadlines in the discovery and scheduling order are extended as follows: The parties may conduct discovery until September 26, 2016. Any motions necess ary to compel discovery shall be filed by September 26, 2016. All requests for discovery pursuant to Federal Rules of Civil Procedure 31(deposition by written question), 33 (interrogatories), 34 (production of documents), and 36(admissions) shall be served no later than July 27, 2016. All pretrial motions, except motions to compel discovery, shall be filed on or before December 19, 2016. Plaintiffs request for leave to serve additional interrogatories 85 is granted. Plaintiff may serve defendants Denney, Parker, and Bidwell with an additional seven interrogatories each and defendant Brown with an additional ten interrogatories. (Plummer, M) Modified on 7/14/2016 (Plummer, M).
March 31, 2016 Opinion or Order Filing 78 ORDER adopting in full 76 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 3/30/16. Counts I, II, IV, and V are dismissed in part, as set forth in the 1/5/2016, findings and recommendations, without leave to amend. Within 30 days from the date of this order, Defendants are ordered to respond to the second amended complaint as set forth in this order. (Kastilahn, A)
January 5, 2016 Opinion or Order Filing 76 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 01/04/16 recommending that Count I, II, IV and V be dismissed in part as set forth above, without leave to amend. Within 30 days from the date of the District Judge's review and adoption of the instant findings and recommendations, defendants be ordered to respond to the second amended complaint as follow: (See order for further details). Referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
September 22, 2015 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Allison Claire on 09/21/15 ordering defendants' motion to dismiss 67 is denied without prejudice because it is premature. Plaintiff's motion for sanctions 71 is denied. (Plummer, M)
November 21, 2014 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Allison Claire on 11/20/14 ordering that within 30 days of the date of this order, petitioner shall file an opposition, if any, to the pending motion to dismiss. (Plummer, M)
April 23, 2014 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Allison Claire on 04/22/14 ordering plaintiff's motion for a 30 day extension of time to file a first amended complaint 54 is granted. Plaintiff's first amended complaint 58 is deemed timely filed. Pla intiff's motion for leave to file a first amended complaint 51 , 57 are granted. PLaintiff's motion for leave to file an oversized amended complaint 56 is denied. The first amended complaint 58 is dismissed with leave to amend for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. Plaintiff is granted 30 days from the date of this order to file a second amended complaint which is limited to 45 pages in length and complies with this order and Rule 8. The clerk's office shall send plaintiff a civil rights complaint form. (Plummer, M)
March 18, 2014 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Allison Claire on 3/17/14 ORDERING that plaintiffs requests for blank subpoena duces tecum forms (ECF Nos. 49 , 52 , 59 ) are DENIED without prejudice based on plaintiffs lack of specificity as well as the fact that the requests are premature.(Dillon, M)
December 17, 2013 Opinion or Order Filing 50 ORDER adopting 41 FINDINGS AND RECOMMENDATIONS; granting in part and denying in part 19 Motion to Dismiss signed by District Judge Troy L. Nunley on 12/16/13: Plaintiff is granted leave to amend claims against Sutter County within thirty days of the filing date of this order. (Kaminski, H)
August 1, 2013 Opinion or Order Filing 41 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/31/13 ORDERING plaintiff's motion for permission to file an oversize opposition 23 is granted. Plaintiff's motion for appointment of counsel 25 is d enied. The clerk shall assign a District Judge to this matter. U.S. District Judge Troy L. Nunley randomly assigned to this action. Also, RECOMMENDING that defendants' motion to dismiss 19 be granted in part and denied in part, as outlined above, and that plaintiff be given leave to amend the complaint within 28 days of any order adopting these findings and recommendations. MOTION to DISMISS 19 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
January 15, 2013 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Allison Claire on 1/15/13 ORDERING that Plaintiffs January 10, 2013 motion for an extension of time 20 is GRANTED; Plaintiff is granted 60 days from the date of this order in which to file an opposition to the De cember 18, 2012 motion to dismiss. Defendants reply, if any, must be filed within 30 days after service of the opposition; and Plaintiffs request for a stay and/or protective order, included in his motion for an extension of time, is DENIED as unnecessary.(Dillon, M)
October 1, 2012 Opinion or Order Filing 12 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David G. Leonard signed by Magistrate Judge Gregory G. Hollows on 10/1/2012. CDC is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the clerk until the $350 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. The Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
July 11, 2012 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Gregory G. Hollows on 07/10/12 ordering plaintiff shall submit within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the clerk of the court. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for t he 6 month period immediately preceding the filing of the complaint. The motion for appointment of counsel 4 is denied. All claims raised by plaintiff on behalf of his co-plaintiff minor child are dismissed. Plaintiff's request for injunctive relief is also dismissed. Plaintiff may file an amended complaint within 28 days of the filing date of this order. (Plummer, M)
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Plaintiff: David G. Leonard
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Defendant: Jim Denny
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Defendant: J. Saunder
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Defendant: Dorris Brown
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Defendant: Sutter County Sheriff's Department
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Defendant: Sutter County Jail
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