Dial v. Heatley et al
Plaintiff: Rodney Dial
Defendant: Scott Heatley, Christopher Smith, John J. Casey, Doctors Hospital of Manteca, Lawrence C. Fong and L.D. Zamora
Case Number: 2:2012cv02569
Filed: October 15, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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
September 17, 2015 Opinion or Order Filing 77 ORDER signed by Magistrate Judge Allison Claire on 09/16/15 granting 76 Motion to Dismiss. This action is dismissed pursuant to FRCP 41(a)(2). CASE CLOSED. (Plummer, M)
June 3, 2015 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Allison Claire on 6/2/2015 GRANTING plaintiff's 71 motion for an extension of time. Plaintiff shall file and serve separate oppositions to defendants' respective motions for summary judgment on or befo re 8/28/2015. Defendants may file their replies within 14 days of service of plaintiff's oppositions. The Clerk shall designate on the docket that defendant Casey's 58 motion for summary judgment is re-filed on 5/19/2015, and the remaining defendants' 65 motion for summary judgment is re-filed on 5/18/2015. (Yin, K)
May 12, 2015 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Allison Claire on 5/12/2015 DIRECTING the Clerk to indicate on the docket that plaintiff's current address of record is CHCF in Stockton, effective 3/13/2015; the Clerk shall re-serve 59 , 63 , 64 orders on plaintiff at his current address of record; all defendants shall, within 7 days, re-serve their respective motions for summary judgment on plaintiff's current address of record, and file separate statements with the court indicating that suc h re-service has been completed; plaintiff shall, on or before 6/12/2015, file his oppositions or statements of non-opposition to defendants' respective motions; and defendants may file their respective replies within 7 days after plaintiff's oppositions are noted on the docket.(Yin, K)
March 31, 2015 Opinion or Order Filing 63 ORDER signed by Magistrate Judge Allison Claire on 03/30/15 ordering plaintiff's motions filed 03/23/12 60 and 61 are granted as set forth herein. The Warden of California State Prison Corcoran is request to direct staff, within a week afte r the filing date of this order, to consolidate all of plaintiff's legal property that may be remaining at the institution, and send it to plaintiff at his current place of incarceration, the California Health Care Facility in Stockton. The dis covery deadline in this action, which expired on 1/20/15 is extended for the limited purpose of according plaintiff additional time to complete and serve his responses to defendants' outstanding discovery requests; plaintiff shall serve all out standing discovery responses on or before 5/01/15. Plaintiff shall file and serve his opposition to defendant Casey's motion for summary judgment on or before 5/01/15; defendant Casey may file a reply within 14 days after the filing date of plaintiff's opposition. The clerk of court is directed to send a copy of this order to the Warden at California State Prison Corcoran. (Plummer, M)
March 13, 2015 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Allison Claire on 3/13/15 ORDERING that the Clerk of Court is HEREBY DIRECTED to telephone CHCF forthwith to identify which facility plaintiff is assigned, and therefore the mailing address that the Clerk shall th en note on the docket as plaintiffs current address of record, including for purposes of serving the instant order. Further, on February 12, 2015, defendant filed a motion for summary judgment in this action. Plaintiffs opposition was due on or bef ore March 5, 2015. See Local Rule 230(l). Plaintiff has not opposed the motion. Good cause appearing, IT IS HEREBY ORDERED that, within 21 days after the filing date of this order, plaintiff shall file and serve an opposition to the motion for summary judgment or a statement of non-opposition. Failure to comply with this order will result in the dismissal of this action without prejudice for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).(Dillon, M)
January 22, 2015 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Allison Claire on 1/22/2015 ORDERING that the extended discovery deadline in this action expired on 1/20/2015, the dispositive motion deadline is RESET to 3/31/2015; plaintiff's 54 "motion" filed 12/8/2014 is DENIED as improperly filed; within 14 days, defendants shall file and serve a statement informing the court of the status of plaintiff's videoconference deposition. (Yin, K)
November 3, 2014 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Allison Claire on 10/31/14 ordering defendants' motion 51 is granted. The discovery and dispositive motion deadlines are extended by 75 days from the date of this order. (Plummer, M)
August 27, 2014 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Allison Claire on 8/27/2014 GRANTING defendants' 48 request to take plaintiff's deposition by video conference. (Yin, K)
July 8, 2014 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Allison Claire on 7/8/14 denying 41 Motion to Appoint Counsel. (Dillon, M)
May 12, 2014 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Allison Claire on 5/9/2014 GRANTING 34 Defendants Motion for extension of time; defendants are GRANTED an extension of time of 14 days to and including 5/23/2014 to complete and file their responsive pleading. (Reader, L)
January 2, 2014 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Allison Claire on 12/31/13 ordering the clerk of the court is directed to return the USM-285 form for defendant L.D. Zamora. Within 30 days, plaintiff shall submit to the court the completed USM-285 form required to effect service. (Plummer, M)
December 12, 2013 Opinion or Order Filing 24 ORDER signed by Magistrate Judge Allison Claire on 12/11/13: The Clerk of the Court is directed to send plaintiff one blank summons, an instruction sheet, and five (5) USM-285 forms. (Kaminski, H)
September 19, 2013 Opinion or Order Filing 14 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Rodney Dial signed by Magistrate Judge Allison Claire on 09/18/13. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
March 5, 2013 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Allison Claire on 3/4/13 ORDERING that 4 Motion to Proceed IFP is GRANTED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiffs claims against Dr. Casey and DHM are dismissed for the reasons discussed above, with leave to file an amended complaint within twenty-eight days from the date of service of this Order. (Dillon, M)
October 25, 2012 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/25/12 ordering plaintiff shall submit within 30 days from the date of this order an application to proceed in forma pauperis on the form provided by the clerk of the court or the appropriate filing fee. The clerk of the court is directd to send to plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
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Plaintiff: Rodney Dial
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Defendant: Scott Heatley
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Defendant: Christopher Smith
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Defendant: John J. Casey
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Defendant: Doctors Hospital of Manteca
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Defendant: Lawrence C. Fong
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Defendant: L.D. Zamora
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