Benyamini v. Blackburn et al
Plaintiff: Robert Benyamini
Defendant: M. Blackburn and J. Marzan
Case Number: 2:2013cv00205
Filed: February 4, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Contra Costa
Presiding Judge: Allison Claire
Presiding Judge: Morrison C. England
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
December 5, 2017 Opinion or Order Filing 122 ORDER signed by District Judge Morrison C. England, Jr on 12/4/17 DENYING 118 Motion for Reconsideration. (Mena-Sanchez, L)
October 24, 2017 Opinion or Order Filing 117 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/24/17 RECOMMENDING that this action be dismissed for failure to comply with a court order and failure to prosecute. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
October 4, 2017 Opinion or Order Filing 115 ORDER signed by Magistrate Judge Allison Claire on 10/4/2017 DENYING 113 Motion to Supplement and DENYING 114 Motion Requesting Service of Subpoenas. (Henshaw, R)
June 21, 2017 Opinion or Order Filing 109 ORDER signed by District Judge Morrison C. England, Jr on 6/20/2017: DENYING 107 Motion for Reconsideration; ADOPTING in FULL 103 Findings and Recommendations; DENYING 88 Motion Declaring Plaintiff a Vexatious Litigant and Requiring Security. (Washington, S)
May 1, 2017 Opinion or Order Filing 106 ORDER signed by Magistrate Judge Allison Claire on 4/28/2017 DENYING 105 Motion to Strike. (Henshaw, R)
March 23, 2017 Opinion or Order Filing 103 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/22/17 recommending that defendants' motion for an order declaring plaintiff a vexatious litigant and requiring security 88 be denied. MOTION for Order Declaring Plaintiff a Vexatious Litigant and Requiring Security 88 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
May 19, 2016 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Allison Claire on 05/18/16 denying 98 Motion to declare defendants vexatious litigants. (Plummer, M)
May 4, 2016 Opinion or Order Filing 97 ORDER signed by Magistrate Judge Allison Claire on 05/03/16 ordering plaintiff's motion to supplement the record 94 is granted. Plaintiff's objections 95 , 96 are construed as a renewed motion for extension of time to file a response to defendants' motion to deem plaintiff a vexatious litigant. Plaintiff's motion for extension 95 , 96 is granted and plaintiff shall have an additional 60 days up to and including 7/15/16 to respond to defendants' motion to deem him a vexatious litigant. No further extensions of time will be granted absent a showing of extraordinary cause. (Plummer, M)
April 7, 2016 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Allison Claire on 04/06/16 ordering the hearing on the motion for an order declaring plaintiff a vexatious litigant, set for 5/25/16 at 10:00 a.m. is vacated. Plaintiff shall file any response to the motion for court order within 21 days of service of this order. Defendants may file a reply within 7 days of service of the response. (Plummer, M)
February 26, 2016 Opinion or Order Filing 86 ORDER signed by Magistrate Judge Allison Claire on 02/25/16 ordering the case is set for settlement conference on 3/31/16 at 9:00 a.m. per {83]. Plaintiff is notified that he will be contacted by representatives of the court by telephone on 3/10/16 at 12:00 p.m.. The call should last no more than 1 hour. (cc: KJN) (Plummer, M)
February 10, 2016 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Allison Claire on 02/09/16 ordering that plaintiff's request to disqualify Magistrate Judge Kendall J. Newman as the settlement conference judge 84 is denied. (Plummer, M)
January 27, 2016 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Allison Claire on 1/26/16 ordering ( Settlement Conference set for 3/31/2016 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.)(cc: KJN)(Plummer, M)
January 8, 2016 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Allison Claire on 1/07/16 ordering that within 14 days of the filing of this order, the parties shall each file a signed notice regarding waiver of disqualification, indicating whether or not they agree to the undersigned serving as the settlement judge. (Plummer, M)
December 2, 2015 Opinion or Order Filing 75 ORDER signed by Magistrate Judge Allison Claire on 12/1/15 ORDERING that within 14 days of the filing of this order, the parties must each complete and file the attached notices.(Dillon, M)
November 12, 2015 Opinion or Order Filing 74 ORDER signed by Chief Judge Morrison C. England, Jr on 11/10/2015 ADOPTING in full the 73 findings and recommendations ; and defendants' 45 motion for summary judgment is DENIED.(Yin, K)
September 30, 2015 Opinion or Order Filing 73 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/30/2015 DENYING plaintiff's 62 motion to supplement the record. IT IS RECOMMENDED that defendants' 45 motion for summary judgment be denied. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
August 21, 2015 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Allison Claire on 08/20/15 granting 65 Motion to Strike. The hearing on the motion to strike set for 8/26/15 at 10:00 a.m. is vacated. (Plummer, M)
March 10, 2015 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Allison Claire on 03/09/15 ordering plaintiff's motion for an extension of time 53 is granted. Plaintiff is granted an extension of 60 days to file and serve his opposition to the defendants' motion for summary judgment up to 4/14/15. Plaintiff's motion for the appointment of counsel 53 is denied without prejudice. (Plummer, M)
January 12, 2015 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Allison Claire on 1/9/2015 GRANTING 51 Motion for Extension of Time; ORDERING the plaintiff to file an opposition to the 45 Motion for Summary Judgment by 2/13/2015; ORDERING the defendants to file any reply by 2/27/2015; SUBMITTING the 45 Motion for Summary Judgment on 2/27/2015 without argument. (Michel, G)
September 25, 2014 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Allison Claire on 09/24/14 ordering plaintiff's objections to defendants' discovery requests are overruled. Defendants' motion to compel plaintiff's responses to defendants' discovery request s 29 is granted. Plaintiff shall produce supplemental discovery responses to Blackburn's Interrogatories Nos. 6-10, Marzan's Interrogatories Nos. 2-10, Blackburn's RFPD Nos. 2-7, and Marzan's RFPD Nos. 1-7 forthwith. To the ex tent possible, plaintiff is ordered to produce said supplemental disocvery responses at his deposition scheduled for 09/29/14. At said deposition the parties shall meet and confer regarding the current discovery deadline of 10/07/14 to determine whether any extension is necessary. Any necessary motion to modify the discovery and scheduling order shall be made as soon as practicable thereafter and no later than 10/07/14. (Plummer, M)
September 22, 2014 Opinion or Order Filing 37 ORDER denying 35 Motion to reschedule deposition signed by Magistrate Judge Allison Claire on 09/19/14. (Plummer, M)
September 15, 2014 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Allison Claire on 09/12/14 granting 32 Motion to appear at the 09/24/14 motions hearing. (cc: I.T. Dept, Sacramento) (Plummer, M)
August 15, 2014 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Allison Claire on 8/15/2014 VACATING the 8/27/14 hearing; plaintiff shall file an opposition or notice of non-opposition to defendants' motion no later than 9/10/2014; any reply by defendants is due no later than 9/17/2014; and the 29 motion to compel shall be heard on 9/24/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Yin, K)
March 17, 2014 Opinion or Order Filing 26 ORDER signed by Chief Judge Morrison C. England, Jr on 03/17/14 adopting the 25 FINDINGS AND RECOMMENDATIONS. Defendants' motion to revoke plaintiff's in forma pauperis staus 17 is denied. (Plummer, M)
January 29, 2014 Opinion or Order Filing 25 ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/29/2014 ORDERING defendants to file an answer to plaintiff's complaint within 30 days of the the district court's review and disposition of the instant f indings and recommendations; and the 2/5/2014 status conference is hereby VACATED, to be reset following the filing of the answer; and RECOMMENDING that defendants 17 motion to revoke plaintiff's ifp status be denied for the reasons stated herein. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
January 3, 2014 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Allison Claire on 1/3/14 ORDERING that the Status Conference scheduled for January 8, 2014 is vacated and reset for February 5, 2014 at 10:00 a.m. in courtroom number 26 before the undersigned. Not later than 14 days prior to the Status Conference, the parties shall file status reports.(Dillon, M)
December 2, 2013 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Allison Claire on 12/02/13 ordering this matter is removed from this court's docket of 1/15/14 at 10:00 a.m. The motion to revoke plaintiff's in forma pauperis status is deemed submitted as the time to reply to plaintiff's opposition has expired. The motion will be resolved in due course based on the pleadings of the parties. (Plummer, M)
July 11, 2013 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Allison Claire on 7/10/2013 STRIKING plaintiff's 11 submission; the Clerk shall RE-ISSUE to plaintiff one USM-285 form for each defendant, one summons, a copy of the complaint, an appropriate form for consent t o trial by a magistrate judge, this court's status order, and the court's 4/22/13 order; plaintiff has 21 days to comply with the instructions in the court's 4/22/13 order; and plaintiff's 13 motion for permission to file electronically is DENIED. (Yin, K)
April 22, 2013 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Allison Claire on 4/22/2013 ORDERING that Plaintiff's 7 request for leave to proceed in forma pauperis is GRANTED. Service is appropriate for the following defendants: M. Blackburn; J. Marzan. The Clerk of the Court is directed to issue forthwith, and the U.S. Marshal isdirected to serve within ninety days of the date of this order, all process pursuant to Fed. R. Civ. P. 4, including a copy of this court's status order, without prepayment of costs. The Clerk of the Court shall send plaintiff one USM-285 form for each defendant, one summons, a copy of the complaint, an appropriate form for consent to trial by a magistrate judge, and this court's status order. Plaintiff is directed to sup ply the U.S. Marshal, within 15 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal. (Zignago, K.)
March 20, 2013 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Allison Claire on 3/19/13 ORDERING that Plaintiff shall submit, within thirty 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; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Non-Prisoner.(Dillon, M)
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Plaintiff: Robert Benyamini
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Defendant: M. Blackburn
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Defendant: J. Marzan
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