Gress v. Smith, et al.
| Michael Gress |
| Christopher Smith, Stephen Tseng, Brett Williams, Richard Galloway, Boru Nale, Sahir Naseer, Eldon Evans, Jacqueline Barnett, Wesley Hashimoto, Scott Heatley, Lenard Heffner, Karen Todd, Omoniyi Akintola, Sally Wohlers, Florencio Moreno, Ronald McAlister, Mary Chase, Alan Kettelhake, Arthur Bettati, Jr., Denise Schuber, Belen Villanueva, Jalal Soltanian, R. Hawkins, N. Warren, Antonio Peguerra, Morris Senegor and Peter R. Col |
| 2:2013cv00328 |
| February 20, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
183
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/17/19 RECOMMENDING that this action be dismissed. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
180
ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/19 ORDERING that Within twenty-one days from the date of this order, defendants shall file and serve the notice and statement described above, and shall file a certificate of service with the court; and Defendants shall forthwith take steps to preserve Plaintiff's legal materials and written documents for Plaintiff's next of kin, including serving a copy of this order on the litigation coordinator at the prison where plaintiff was last housed.(Mena-Sanchez, L)
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Filing
176
ORDER signed by Magistrate Judge Kendall J. Newman on 3/5/2019 GRANTING plaintiff's attorney's Request for Authority to Incur Costs by appointed pro bono counsel Ryan Daugherty. (Crouch, J)
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Filing
175
ORDER signed by District Judge Troy L. Nunley on 2/26/2019 ADOPTING 171 Findings and Recommendations in full and GRANTING IN PART and DENYING IN PART 103 , 104 , 105 , 106 , 107 , and 117 Motions for Summary Judgment. (Huang, H)
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Filing
171
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/5/18 RECOMMENDING that defendant's Motions for Summary Judgment be Granted in Part and Denied in Part. (Coll, A)
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Filing
169
ORDER signed by Magistrate Judge Kendall J. Newman on 10/01/18 DENYING 168 motion for status conference. Within 7 days, plaintiff shall rectify the missing signatures on plaintiff's declarations. (Plummer, M)
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Filing
167
ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2018 DENYING 165 Motion to Strike; DENYING 165 Request for Sanctions or Attorney Fees; and GRANTING Plaintiff 14 days in which to file a sur-reply solely addressing the VCGCB documents appended to defendants reply in the context of defendants motion to dismiss plaintiffs state law medical malpractice claim as barred by the statute of limitations. The filing of such sur-reply is optional. (Henshaw, R)
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Filing
163
ORDER signed by District Judge Troy L. Nunley on 6/29/17 ORDERING that the magistrate judge's 3/16/17, order (ECF No. 152 ) is void and without effect. Defendants' motions for summary judgment (ECF Nos. 117 122 ) have not been dismisse d. The Clerk is ordered to revise the docket accordingly; the magistrate judge's 3/23/17 order (ECF No. 154 ) is void and without effect; Defendants' motion for summary judgment (ECF No. 161 ) shall be stricken as an unauthorized fili ng because the 3/23/17, order purporting to authorize it is void and without effect. The Clerk is ordered to revise the docket accordingly; Defendants shall file their reply to Plaintiff's opposition (ECF No. 130 ) within 7 days of the date this Order is filed. (Becknal, R)
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Filing
154
ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/17 ordering that within 30 days, defendants' shall file or re-notice their motion for summary judgment. (Plummer, M)
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Filing
148
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 2/7/17 ORDERING the Custodian to produce Michael Gress at 9:30 am on March 20, 2017 in Courtroom 24 before Judge Kendall J. Newman. 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 and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
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Filing
145
ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is DENIED. (Crouch, J)
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Filing
144
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 12/15/16 ORDERING the Custodian to produce Michael Gress at 9:30 am on 2/6/17 in Courtroom 24 before Judge Carolyn K. Delaney. Custodian is or dered 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 and Out-to-Court Desk. (cc: OTCD, three certified copies served on Warden)(Dillon, M)
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Filing
129
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/25/2016 and agreed between the parties to EXTEND the deadline for plaintiff to file an opposition to defendants' 117 motion for summary judgment to 11/14/2016. Defendants' reply shall be filed no later than 12/13/2016.(Yin, K)
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Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is GRANTED. (Crouch, J)
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Filing
116
ORDER signed by Magistrate Judge Kendall J. Newman on 07/15/16 partially granting 100 to modify the scheduling order. Defendants' 5 pending motions for summary judgment 103 , 104 , 105 , 106 , and 107 are denied without prejudice to thei r re-noticing, as set forth above. Within 30 days from the date of this order, defendants may file 1 motion for summary judgment as to the remaining defendants. Within 30 days from the filing of such motion, plaintiff shall file an opposition as set forth above. 21 days thereafter, defendants may file a reply. (Plummer, M)
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Filing
114
ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/2016 VACATING the hearing on 99 Motion to Compel set for 6/16/2016; DEEMING the 99 Motion to Compel withdrawn; DENYING the defendants' request for sanctions. (Michel, G.)
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Filing
110
ORDER signed by Magistrate Judge Kendall J. Newman on 05/31/16 ORDERING that defendants' 109 Motion to Strike is GRANTED; the 108 05/26/16 Joint Statement is STRICKEN; the hearing on plaintiff's 99 Motion to Compel is RESET for 6/16 /2016 at 10:00 AM before Magistrate Judge Kendall J. Newman; the parties shall meet and confer in good faith and shall file a revised joint statement as set forth above; plaintiff shall file his opposition, if any, to defendants' 100 motion to modify the scheduling order by close of business 06/06/16; defendants shall file a reply by close of business on 06/13/16; and briefing on the pending 103 104 105 106 107 motions for summary judgment is STAYED pending further order of this court. (Benson, A)
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Filing
102
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/16 ORDERING that Defendant Fong and Defendant Heffner are dismissed from this action without prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure.(Dillon, M)
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Filing
97
ORDER signed by District Judge Troy L. Nunley on 3/18/16 ORDERING that the findings and recommendations filed January 26, 2016, are adopted in full; and Defendant Barnett's Motion to Dismiss 89 is denied without prejudice as to Defendant's motion that Plaintiffs state law negligence claims against Dr. Barnett are barred by the statute of limitations, and with prejudice as to Defendant's other grounds for dismissal at this stage of the pleadings.(Becknal, R)
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Filing
96
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/26/16 recommending that defendant Barnett's motion to dismiss be denied without prejudice as to defendant's motion that plaintiff's state law negligence cla ims against Dr. Barnett are barred by the statute of limitations, and with prejudice as to defendant's other grounds for dismissal at this stage of the pleadings. MOTION to DISMISS 89 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
92
ORDER signed by Magistrate Judge Kendall J. Newman on 08/20/15 ordering the 09/18/15 hearing on defendants' motion to dismiss is vacated. The motion shall be briefed pursuant to Local Rule 230(l). (Plummer, M)
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Filing
91
ORDER signed by Magistrate Judge Kendall J. Newman on 08/20/15 ordering the stipulation 90 is approved. The pending pretrial motions cut-off date of 8/30/15 is vacated. Dispositive motions shall be filed 60 days after defendant Barnett's motion to dismiss 89 is resolved. (Plummer, M)
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Filing
88
ORDER ADOPTING 79 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 7/6/15. Defendant Col is DISMISSED from this action without prejudice. (Manzer, C)
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Filing
79
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/12/15 recommending that defendant Col be dismissed from this action without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
76
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/7/15 Recommending that Defendant Dr. Bruce Barnett be dismissed from this Action without prejudice re 53 Amended Prisoner Civil Rights Complaint. These Findings and Recommendations will be submitted to U.S. District Judge Troy L. Nunley. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
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Filing
72
ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/30/2015 ORDERING Defendant Florencio Moreno to show cause in writing, within twenty-one days, why default should not be entered; DIRECTING the Clerk of Court to forward a copy of this Order and a copy of 41 Order Taxing Costs of Service to Defendant Florencio Moreno at 5814 Garner Lake, Stockton, CA 95207 and 9009 Rieti Lane, Stockton, CA 95212. (Michel, G.)
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Filing
69
ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/2015 and stipulated between the parties to DISMISS defendants Mary Chase and Wesley Hashimoto from this action without prejudice, pursuant to Fed. R. Civ. P. 41. (Yin, K)
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Filing
60
ORDER signed by Magistrate Judge Kendall J. Newman on 8/7/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is GRANTED. (Crouch, J)
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Filing
55
ORDER signed by District Judge Troy L. Nunley on 7/7/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/4/14 44 are ADOPTED in full; and Defendant Eldon Evans is DISMISSED from this action. (Mena-Sanchez, L)
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Filing
52
ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/2014 DISCHARGING the 6/4/14 order to show cause 44 ; GRANTING defendant Dr. Nale an extension of time to file a responsove pleading; and defendant Dr. Nale shall file a responsive pleading to the Second Amended Complaint as set forth in this court's order addressing the 6/11/14 stipulation.(Yin, K)
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Filing
44
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/03/14 ORDERING the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this action. The clerk of the court is directed to re-serve a copy of the 4/25/14 order to show cause 35 on Dr. Boru Nale, 29796 S. Sengspiration Road, Tucson, AZ 85739. Dr. Nale is granted 30 days from the date of this order to show cause why default should not be entered. Also, RECOMMENDING that defendant Eldon Evans be dismissed from this action. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Copy of this order and a copy of order 35 served by mail on Dr. Boru Nale, 29796 S. Sengspiration Road, Tucson, AZ 85739.) (Plummer, M) Modified on 6/4/2014 (Plummer, M).
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Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 05/21/14 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the amended complaint filed 12/23/13. Within 60 days from the date of th is order, plaintiff shall complete and submit the attached Notice of Submission of Documents, 1 completed USM-285 form for defendant Col and 2 copies of the 12/23/13 amended complaint. (Copy of this order, 1 USM-285 form, instruction sheet and a copy of the 12/23/13 amended complaint served by mail on attorney for plaintiff Ryan M. Daugherty at address of record.)(Plummer, M)
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Filing
37
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/14 ORDERING that defendant Jacqueline Barnett is dismissed from this action without prejudice.(Dillon, M)
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Filing
35
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 4/25/14 ORDERING that Defendant Dr. Nale show cause, within 21 days from the date of this order, why default should not be entered; The Clerk of the Court shall forward a copy of this order to defendant Dr. Boru Nale, 4001 Hwy. 104, Ione, California 95640; and the Clerk of the Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson)(Dillon, M)
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Filing
30
ORDER signed by Magistrate Judge Kendall J. Newman on 2/12/14 ORDERING that in light of the suggestion of Eldon Evans death upon the record, this order will invoke the ninety day time limit for filing a motion for substitution. (Dillon, M)
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Filing
19
ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Ryan Daugherty is GRANTED. (Crouch, J)
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Filing
17
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Gress signed by Magistrate Judge Kendall J. Newman on 9/23/2013. CDCR is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to t he 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 CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
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Filing
14
ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/13 ORDERING that plaintiff shall file, within 30 days from the date of this order, a motion for appointment of counsel.(Dillon, M)
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Filing
11
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 8/5/13 ORDERING the Custodian to produce Michael Gress via telephonic conferencing at 9:00 am on 8/22/13. 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. (cc IT)(Dillon, M)
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Filing
9
ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Kendall J. Newman on 7/30/13 Commanding the custodian to produce inmate Michael Gress before the Honorable Kendall J. Newman, to appear by telephonic Conferencing at Mule Creek State Prison, on August 23, 2013, at 9:00 a.m.(Mena-Sanchez, L)
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Filing
6
ORDER signed by Magistrate Judge Kendall J. Newman on 02/27/13 dismissing 2 Motion to Proceed IFP. 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 completed application to proceed in forma pauperis on the form provided with this order. (Plummer, M)
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