Johnson v. Sandy et al
Plaintiff: Joseph Johnson
Defendant: E. Sandy, J. Cruzen, E. Cobian, K. Lavagnino, D. Lavergne, P. Lahey and G. Shadday
Case Number: 2:2012cv02922
Filed: December 4, 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: 42:1983
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
June 7, 2017 Opinion or Order Filing 206 ORDER signed by Magistrate Judge Allison Claire on 6/6/2017 ORDERING the 6/9/2017 settlement conference is VACATED. The order and writ of habeas corpus ad testificandum issued 5/10/2017 is VACATED. The Clerk shall fax a courtesy copy of this order on the CMC Litigation Coordinator. This action is DISMISSED with prejudice and all pending matters are VACATED. (cc: OTCD)(Yin, K)
June 1, 2017 Opinion or Order Filing 197 ORDER DENYING Plaintiff's 195 Request for Transfer of Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 05/31/2017. (Martin-Gill, S)
May 10, 2017 Opinion or Order Filing 192 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 5/10/17 ordering the Custodian to produce Joseph Johnson on 6/09/17 at 8:30 a.m. at CSP Corcoran. Custodian is ordered to notify the court of any changes in custody and to provide new Custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (Plummer, M)
April 27, 2017 Opinion or Order Filing 189 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/26/2017 RECOMMENDING that 164 motion for summary judgment be denied; 165 motion for summary judgment be denied; and 166 motion for summary judgment be granted in part and denied in part. Referred to Judge John A. Mendez. Objections to F&R due within 21 days after being served with these findings and recommendations. (Henshaw, R)
September 2, 2016 Opinion or Order Filing 184 ORDER signed by Magistrate Judge Allison Claire on 09/01/16 ordering plaintiff's motion to amend 178 is granted to the extent that the court will consider plaintiff's response to defendants' statements of undisputed facts 181 . The motion is denied in all other respects. Defendants shall have 10 days from service of this order to reply to plaintiff's response to their statements of undisputed facts 181 . Defendants' motion to strike 182 is denied. (Plummer, M)
March 23, 2016 Opinion or Order Filing 169 ORDER signed by Magistrate Judge Allison Claire on 03/22/16 denying 168 request for production and motion to compel. If they have not already done so, defendants shall submit discovery documents Bates numbered pages 28-34, 36-42, and 46-51 to the Clerk of the Court for filing under seal no later than 3/25/16. The documents shall be submitted to the Clerk of the Court in accordance with the procedures outlined in Local Rule 141(e)(2)(I). (Plummer, M)
March 14, 2016 Opinion or Order Filing 163 ORDER signed by Magistrate Judge Allison Claire on 3/14/16 ORDERING that Defendants' motion to file under seal (ECF No. 162) is granted and defendants shall submit the discovery documents Bates numbered pages 28-34, 36-42, and 46- 51 to the C lerk of the Court for filing under seal in compliance with Local Rule 141(e)(2)(i). Defendants shall re-file and re-serve their original motions for summary judgment with an updated certificate of service within seven days of the filing of this order. In accordance with Local Rule 230(l), plaintiffs response to each motion shall be filed within 21 days after service of the motion. Defendants may reply within seven days after the response has been filed in CM/ECF.(Dillon, M)
February 9, 2016 Opinion or Order Filing 160 ORDER signed by Magistrate Judge Allison Claire on 2/08/16 ordering within 30 days of service of this order, defendants Austin, Cobian, Destafano, Hutcheson, Lahey, Lavagnino, Lavergne, Shadday, Swarthout and Cruzen shall: a) provide plaintiff with a copy of Bates numbered page 41 that contains the summary of his interview. The inmate witness interview portion of the document may be redacted in its entirety. b) provide plaintiff with a copy of Bates numbered pages 28-34, 36-42, and 46-51 to re view in the manner set forth above. Plaintiff shall not be permitted to make or keep copies of these documents, but he shall be permitted to take notes. Defendants Austin, Cobian, Destafano, Hutcheson, Lahey, Lavagnino, Lavergne, Shadday, Swarthout , and Cruzen shall file a notice of compliance within 7 days of plaintiff's review of Bates numbered pages 28-34, 36-42, and 46-51 and shall file a copy of the documents under seal at the same time their notice of compliance is filed. (Plummer, M)
December 3, 2015 Opinion or Order Filing 157 ORDER signed by Magistrate Judge Allison Claire on 12/02/15 ordering within 10 days of the filing of this order, defendants Austin, Cobain, Destafano, Hutcheson, Lahey, Lavagnino, Lavergne, Shadday, Swarthout and Cruzen shall provide the court with a Bates numbered copy of the documents to be obtained from the Clerk of the Court and a supplemental chart or statement identifying which pages are non-confidential and which pages have already been provided to plaintiff. Within 10 days of the filin g of this order, defendants shall also provide a statement completed by an appropriate individual, certifying that the 1. Use of Force Crime/Incident Report Critique Package; 2. Internal Affairs Investigation Report for case no. SOL-SFB-12-06-0159; 3 . CDCR Form 989 Confidential Request for Internal Affairs Investigation; and 4. CDCR 3014-Report of Findings, Inmate Interview have been reviewed and that all documents contained therein have been provided to the court for its in camera review. Any additional documents discovered must be Bates numbered and included in the supplemental chart or statement identifying which pages are non-confidential and which pages have already been provided to plaintiff. Defendant Sandy is not required to take any action. (Plummer, M)
September 25, 2015 Opinion or Order Filing 155 ORDER signed by Magistrate Judge Allison Claire on 09/24/15 ordering plaintiff's motion for leave to conduct discovery 95 is denied. Plaintiff's motion to compel 101 , 153 are denied. Within 14 days of this order, defendants shall su bmit to the chambers of the undersigned Bates numbered versions of documents identified above in Section 3 for in camera review. The documents shall be accompanied by a statement or chart that identifies by Bates number both which pages are non-confidential and which pages have already been provided to plaintiff. Defendants' motions for summary judgment 105 , 106 , 124 are vacated. Plaintiff's motion for appointment of counsel 154 is denied without prejudice. (Plummer, M)
April 24, 2015 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Allison Claire on 04/23/15 ORDERING that plaintiff's 135 Motion for Summary Judgment is DENIED as untimely and construed as a supplemental opposition to the defendants' motions for summary judgment. Cle rk to update the docket accordingly; defendants have 14 days to file and serve their replies in support of their motions for summary judgment; plaintiff and defendants Austin, Cobian, DeStefano, Hutcheson, Lavagnino, Lavergne, Shadday, and Cruzen have 14 days to file amended declarations signed as true under penalty of perjury. (Benson, A)
December 19, 2014 Opinion or Order Filing 97 ORDER granting in part and denying in part 67 Motion for Reconsideration signed by Judge John A. Mendez on 12/18/14. (Kaminski, H)
December 9, 2014 Opinion or Order Filing 94 ORDER signed by Judge John A. Mendez on 12/9/2014 ORDERING that Defendants' 85 motion to strike is GRANTED with respect to plaintiffs' unauthorized 82 surreply and remains pending before the magistrate judge with respect to plaintiff&# 039;s 81 response to defendants' privilege log. Within five days from the date of this order defendant Cruzen shall submit to the chambers of the undersigned for in camera review the grievance referred to in his amended interrogatory response and all documents associated therewith responsive to request nos. 12 and 36 of plaintiff's first request for production of documents. (Zignago, K.)
November 21, 2014 Opinion or Order Filing 86 ORDER signed by Judge John A. Mendez on 11/21/14 ordering that within 15 days from the date of this order defendants Cruzen, Lavignino, Lavergne and Cobian shall answer interrogatory number 5 of plaintiff's first set of interrogatories in the m anner required by the magistrate judge and file their answers with the court. Any defendant whose answer is in the affirmative shall, with the filing of the answer, inform the court in writing how many excessive force 602 complaints against said defendant date from 5 years prior to June 2012 through the present. (Plummer, M)
September 15, 2014 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Allison Claire on 09/15/14 ordering plaintiff's 12/19/13 motion to compel responses to requests for production of documents 34 is denied. Plaintiff's 03/21/14 motion to compel 54 as to defendant Sandy i s denied without prejudice. Plaintiff's 03/21/14 motion to compel further production 54 as to defendants Cruzen, Lavignino, Lavergne and Cobian is granted in part and denied in part as follows: (See order for further details). Plaintiff' s 03/21/14 motion to compel further production 54 as to Set Two, RFP No. 15 propounded upon defendants Austin, Cobian, Cruzen, Destafano, Hutcheson, Lahey, Lavagnino, Lavergne, Shadday and Swarthout is provisionally denied without prejudice but sub ject to defendants' provision of a more detailed privilege log to plaintiff and to the court within 14 days upon which the court may make a final determination. Defendants are to submit a proposed protective order within 14 days with respect to production that is ordered as to Set One, RFP Nos. 12 and 36. The deadlines set forthi in the 02/18/14 Discovery and Scheduling Order 53 are hereby vacated; discovery is re-opened to be completed per this order with a new deadline of 10/23/14. The dispositive motion deadline is re-set for 1/23/15. Plaintiff's 05/27/14 motion for the appointment of counsel 57 is denied. (Plummer, M)
August 27, 2014 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Allison Claire on 8/27/2014 ORDERING that defendants must file, no later than 9/2/2014, the privilege logs referenced in this order, and any other privilege log(s) relied on in response to those discovery requests that are at issue.(Yin, K)
December 12, 2013 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Allison Claire on 12/12/13 ORDERING that the court will VACATE the discovery and dispositive motion deadlines set in the DSO (ECF No. 20 ), and will grant defendants request for an extension of time until January 7, 2014 (ECF No. 30 ) to respond to plaintiffs first set of requests for production of documents. A new DSO will issue when all defendants have been served.(Dillon, M)
March 14, 2013 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joseph Johnson signed by Magistrate Judge Allison Claire on 3/14/2013. 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)
December 10, 2012 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Allison Claire on 12/07/12 ordering 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 the court or the appropriate filing fee. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
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Plaintiff: Joseph Johnson
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Defendant: E. Sandy
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Defendant: J. Cruzen
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Defendant: E. Cobian
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Defendant: K. Lavagnino
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Defendant: D. Lavergne
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Defendant: P. Lahey
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Defendant: G. Shadday
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