Nunez v. Porter, et al
Plaintiff: Curtis Nunez, Jr.
Defendant: K. M. Porter, D. Till, S. Norton and D. Carabello
Case Number: 2:2012cv02775
Filed: November 9, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 14, 2017 Opinion or Order Filing 99 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/13/17 GRANTING 98 plaintiff's motion to amend his opposition, construed as a motion to file a supplemental opposition. Also, RECOMMENDING that defendant's motion for summary judgment 77 , 95 be granted for the reasons discussed above. Motions 77 , 95 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
April 10, 2017 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Kendall J. Newman on 04/10/17 ordering plaintiff's request for the unredacted emails contained in his motion for in camera review 84 is denied. The clerk of the court is directed to file unders seal the unred acted emails provided by defendant for in camera review on 2/08/17. Within 14 days of the date of this order, defendant shall re-notice to previously filed summary judgment motion; plaintiff's opposition is due within 30 days after the notice is served; defendant's reply, if any is due within 21 days thereafter. (Plummer, M)
March 17, 2017 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Kendall J. Newman on 03/17/17 ordering that within 14 days of the date of this order, plaintiff shall provide the court with a copy of the request for production of documents relevant to the at-issue emails; plaintiff shall also identify which specific request for production of documents in response to which defendant produced the emails. (Plummer, M)
February 10, 2017 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/17 ORDERING that within 14 days of the date of this order, plaintiff shall provide the court with a copy of the request for production of documents relevant to the at- issue emails; plaintiff shall also identify which specific request for production of documents in response to which defendant produced the emails.(Dillon, M)
January 19, 2017 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Kendall J. Newman on 1/19/17 granting 84 Motion for an in-camera review of at-issue emails. Within 10 days of the date of this order, defendant shall submit the at-issue emails for in camera review. (Plummer, M)
September 27, 2016 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Kendall J. Newman on 09/27/16 ordering plaintiffs motion for a safe teleconference 76 is denied. Plaintiffs motion to produce witnesses at trial 79 is denied. Plaintiffs motion to reopen discovery 80 is granted in part and denied in part. It is granted to the extent that discovery will be reopened for the limited purpose of allowing defendant Porter to respond to the Request for Admissions and Request for Production of Documents plaintiff served on defendan t on December 3, 2015. Defendant Porter shall serve her responses to plaintiffs discovery requests within thirty days from the filing date of this order. In all other respects, plaintiffs motion to reopen discovery is denied. Plaintiff will not be pe rmitted to serve any new discovery requests on defendant Porter. Defendants motion for summary judgment 77 is denied without prejudice to its renewal after defendant has served her responses to plaintiffs discovery requests. Defendant is not requir ed to re-file the motion and supporting documents, but may reference the prior filings in the notice. Plaintiff shall file an opposition, or statement of non-opposition, to the re-noticed motion within thirty days after the notice is served. Defendants reply, if any, shall be filed within twenty-one days thereafter. Plaintiffs motion for an extension of time to oppose defendants motion for summary judgment time 80 at 8 is denied as moot.(Plummer, M)
July 9, 2015 Opinion or Order Filing 64 ORDER signed by Judge John A. Mendez on 7/9/15 ADOPTING IN FULL 62 Findings and Recommendations. Defendants Till, Norton, and Caraballo's 53 Motion for Summary Judgment is GRANTED. The claims against these defendanst are DISMISSED without prejudice. D. Till (Sgt.), D. Carabello (Sgt.) and S. Norton (Sgt.) terminated. (Meuleman, A)
May 14, 2015 Opinion or Order Filing 62 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/14/15 recommending that defendants Till, Norton and Carballo's motion for summary judgment 53 be granted; and the claims against these defendants be dismissed without prejudice. MOTION for SUMMARY JUDGMENT 53 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
March 23, 2015 Opinion or Order Filing 54 ORDER adopting in full 52 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 3/20/15. Defendants' 44 motion to dismiss plaintiff's Fourteenth Amendment claim is GRANTED as to all defendants. (Kastilahn, A)
February 13, 2015 Opinion or Order Filing 52 ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/12/15 ORDERING that Defendants motion for summary judgment 40 is denied without prejudice. Defendants are granted leave to file and serve, within 14 days of fil ing of this order, a motion for summary judgment on the grounds that plaintiff failed to properly exhaust administrative remedies with respect to his retaliation claims against Till, Norton, and Caraballo. The motion, if any, should be supported b y a separate statement of undisputed facts that conforms to the requirements of Local Rule 260. In addition, IT IS HEREBY RECOMMENDED that Defendants motion to dismiss plaintiffs Fourteenth Amendment claim 44 be granted as to all defendants. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)
May 23, 2014 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/14 ORDERING that defendants and plaintiff are informed that the courts Amended Findings and Recommendations filed March 26, 2014 (ECF No. 36 ), is VACATED in its entirety.(Dillon, M)
April 18, 2014 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/14 ORDERING that the undersigneds amended findings and recommendations filed March 26, 2014 (ECF No. 36 ), are withdrawn; Defendants motion to dismiss for failure to exhaust administrat ive remedies (ECF No. 20 ), is denied without prejudice; The extension of time accorded to plaintiff for filing objections (ECF No. 38 ), is moot; and Defendants may file and serve, within thirty (30) days after the filing date of this order, a motion for summary judgment based on plaintiffs alleged failure to exhaust his administrative remedies.(Dillon, M)
March 26, 2014 Opinion or Order Filing 36 AMENDED ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/26/2014 VACATING the 33 Order and Findings and Recommendations filed 1/10/2014; and DENYING defendants' 29 motion to strike plaintiff's Ame ndment; and RECOMMENDING that defendants' 20 motion to dismiss be granted; defendants Till, Norton and Caraballo should be dismissed from this action; and this action should proceed only on plaintiff's First Amendment retaliation claim against defendant Porter. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
January 10, 2014 Opinion or Order Filing 33 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/10/2014 DENYING defendants' 29 motion to strike plaintiff's Amendment; and RECOMMENDING that defendants' 20 motion to dismiss be granted in part, and denied in part; plaintiff's Fourteenth Amendment claims should be dismissed in their entirety, as to all defendants; and this action should proceed only on plaintiff's First Amendment retaliation claims against all named defendants, viz., defendants Porter, Till, Norton and Caraballo. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
May 9, 2013 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/13 ORDERING that plaintiff shall file and serve his opposition within twenty days after service of this order. Defendants shall file and serve their reply, if any, within seven days thereafter.(Dillon, M)
December 13, 2012 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Curtis Nunez, Jr. signed by Magistrate Judge Kendall J. Newman on 12/12/2012. 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)
November 15, 2012 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/12 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; and Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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Plaintiff: Curtis Nunez, Jr.
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Defendant: K. M. Porter
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Defendant: D. Till
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Defendant: S. Norton
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Defendant: D. Carabello
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