McMillan v. Pfile, et al.
| Edwin McMillan |
| A. Pfile, S. McAlpine, S. Ringler, D. Henry and A. Scotland |
| 2:2013cv00578 |
| March 25, 2013 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kendall J. Newman |
| Morrison C. England |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
206
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/2022 GRANTING 199 Motion for Partial Summary Judgment, and DISMISSES Plaintiff's Bane Act claims without prejudice to filing the claims in a separate suit, if possible. The balance of plaintiff's case will proceed to trial as currently scheduled. (Reader, L)
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Filing
198
ORDER signed by Chief District Judge Kimberly J. Mueller on 6/15/2022 VACATING the 6/17/2022 Motion Hearing; GRANTING 193 Motion to Continue; CONTINUING the Jury Trial to 10/11/2022 at 09:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller; GRANTING IN PART AND DENYING IN PART 194 Motion for leave to file motion for summary judgment; and ORDERING that any motion for summary judgment shall be heard by 8/19/2022 at 10:00 a.m. in Courtroom 3. (Coll, A)
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Filing
179
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/11/2022 DENYING 178 Ex Parte Application. (Zignago, K.)
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Filing
176
FINAL PRETRIAL ORDER signed by Chief District Judge Kimberly J. Mueller on 2/15/22 ORDERING that Jury Trial set for 5/17/2022 at 09:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Each party is granted fourteen days from the date of this order to file objections to the same. If no objections are filed, the order will become final without further order of this court. (Kaminski, H)
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Filing
171
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/12/2022 RESETING the Final Pretrial Conference to 2/10/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Joint Pretrial Statement due by 1/27/2022. (Coll, A)
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Filing
165
ORDER signed by Chief District Judge Kimberly J. Mueller on 7/22/2021 APPOINTING Matthew N. Becker as plaintiff's counsel in the above entitled matter. (Becknal, R)
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Filing
164
ORDER signed by Magistrate Judge Kendall J. Newman on 07/20/2021 VACATING 162 Findings and Recommendations. (Rodriguez, E)
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Filing
162
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/12/21 RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
158
ORDER signed by Magistrate Judge Kendall J. Newman on 3/15/2021 ORDERING the parties shall, within 30 days, so inform the court's Alternative Dispute Resolution division, in writing, if they believe a settlement conference will be beneficial. (cc: ADR) (Yin, K)
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Filing
154
SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by Senior Judge Morrison C. England, Jr., on 7/30/2020. A Final Pretrial Conference is SET for 4/8/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. A Joint Final Pret rial Conference Statement shall be filed no later than 3/11/2021. The parties shall file trial briefs not later than 3/11/2021. Any evidentiary or procedural motions are to be filed in one document by 3/11/2021, oppositions must be filed in one document by 3/25/2021 and any reply must be filed in one document by 4/1/2021. A Jury Trial is SET for 6/7/2021 at 09:00 AM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. (Kastilahn, A)
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Filing
145
ORDER signed by District Judge Morrison C. England, Jr. on 11/13/2019 VACATING the 12/5/2019 Final Pretrial Conference and the 1/6/2020 Jury Trial and DIRECTING Plaintiff to SHOW CAUSE in writing, not later than 12/2/2019, why this matter sh ould not be dismissed and or sanctions imposed for Plaintiff's failure to comply with Local Rule 182(f) and this Court's 138 Supplemental Pretrial Scheduling Order. Plaintiff is reminded that failure to timely comply with this Order may result in dismissal of the action without further notice from this Court. (York, M)
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Filing
135
ORDER and WRIT of HAEBAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 2/14/2019 ORDERING the Custodian to produce Edwin McMillan at 2:00 p.m. on 3/7/2019 in Courtroom 7 before District Judge Morrison C. England Jr. 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) (Henshaw, R)
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Filing
130
ORDER signed by Magistrate Judge Kendall J. Newman on 9/27/2018 DENYING without prejudice plaintiff's 116 motion for leave to file a supplemental complaint, construed as a motion in limine. (Yin, K)
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Filing
128
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/9/2018 ORDERING the Custodian to produce Edwin McMillan at 10:00 a.m. on 11/15/2018 in Courtroom No. 8 before Magistrate Judge Edmund F. Brennan. 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; EFB) (Henshaw, R)
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Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/2018 GRANTING 125 Motion for Extension of Time. Plaintiff granted 14 days from the date of this order in which to file a reply re 116 Motion for Leave to Supplement Complaint. (Henshaw, R)
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Filing
124
ORDER signed by District Judge Morrison C. England, Jr. on 7/30/2018 ORDERING The parties are directed to contact Magistrate Judge Brennan's courtroom deputy for the scheduling of a settlement conference within 10 days from the date of this orde r for the scheduling of the conference, which is set for 3/7/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.; Counsel are ORDERED to file a joint status report not later than10 days before this hearing. (cc: EFB)(Reader, L)
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Filing
119
ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2018 ORDERING Defendants to file a response to 116 Motion to File a Supplemental Complaint within 21 days of the date of this order. Plaintiff's reply to Defendants' response is due within 14 days thereafter. (Henshaw, R)
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Filing
114
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 4/11/18 ORDERING the Custodian to produce by video conference Edwin McMillan on 6/14/18 at 9:00 a.m. before Magistrate 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. (cc: I.T. Dept, Sacramento) (Plummer, M)
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Filing
111
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/19/2018 ORDERING the Custodian to produce Edwin McMillan via video-conferencing at 1:30 p.m. on 6/12/2018 before the Honorable 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. (cc: IT Dept) (Henshaw, R)
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Filing
107
ORDER signed by Magistrate Judge Kendall J. Newman on 2/21/2018 ORDERING parties to file the attached Notice re Judge Election for Settlement Conference, within 30 days from the date of this order. The assigned Deputy Attorney General to contact the CRD to schedule the settlement conference within 30 days from the date of this order. At least 7 days prior to the settlement conference, each party to submit a confidential settlement statement as described in this order. (Henshaw, R)
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Filing
106
ORDER signed by District Judge Morrison C. England, Jr on 2/13/2018 ADOPTING in FULL 105 Findings and Recommendations, DENYING 78 Motion to File a Supplemental Complaint; GRANTING 77 Motion for Summary Judgment as to the claim that defendant Scotland conspired to violate plaintiff's right to practice his religion in violation of the Bane Act; defendants' motion is DENIED in all other respects. (Washington, S)
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Filing
105
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/22/18 DENYING 95 defendants' motion to strike and DENYING plaintiff's motion to strike. Also, RECOMMENDING that plaintiff's motion to file a su pplemental complaint 78 be denied. Defendants' motion for summary judgment 77 be granted as to the claim that defendant Scotland conspired to violate plaintiff's right to practice his religion in violation of the Bane Act; defenants' motion be denied in all other respects. Motions 77 , 78 referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)
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Filing
98
ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/2017 GRANTING 96 Motion for Extension of Time. Plaintiff granted up to and including 11/23/2017 to file an opposition to 95 Motion to Strike and response to Defendants' objectio ns to Plaintiff's evidence. Defendants' reply, if any, to be filed within 7 days thereafter. Plaintiff's request to file a sur-reply, due on or before 11/23/2017, is granted, subject to the limitations set forth in this Order. (Henshaw, R)
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Filing
83
ORDER signed by Magistrate Judge Kendall J. Newman on 7/12/2017 GRANTING 82 Motion for Extension of Time. Plaintiff is granted up to and including 7/31/2017 in which to file an opposition to 77 Motion for Summary Judgment. (Henshaw, R)
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Filing
75
ORDER signed by Magistrate Judge Kendall J. Newman on 12/23/2016 GRANTING Defendants' 72 Motion for Extension. Defendants' response to Plaintiff's Requests for Production of Documents Nos. 28, 29, and 30-33, as modified by the Court's Order (ECF No. 70), is EXTENDED through 1/19/2017. (Jackson, T)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/2016 ORDERING plaintiff's 64 motion to compel is PARTIALLY GRANTED. Within 30 days, defendants shall provide further responses to plaintiff's RFP Set Two, request nos. 28, 29, a nd 30-33, as set forth in this order. Plaintiff's 64 motion to propound additional interrogatories is DENIED, except that within 30 days, plaintiff is GRANTED leave to provide the factual bases for each affirmative defense pled in the 4/14/2016 answer. In all other respects, plaintiff's motion to compel is DENIED. (Yin, K)
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Filing
65
ORDER signed by Chief Judge Morrison C. England, Jr. on 3/31/2016 ADOPTING IN FULL 55 Findings and Recommendations; DENYING 49 Motion to Dismiss as to claims 1 and 2 against Defendant Zuniga, claim 3 against Defendant Ringler and claim 9 against Defendant Scotland; GRANTING 49 Motion to Dismiss in all other respects. (Michel, G.)
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Filing
55
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/1/16 RECOMMENDING that defendants motion to dismiss (ECF No. 49 ) be denied as to claims 1 and 2 against defendant Zuniga, claim 3 against defendant Ringler and claim 9 as to defendant Scotland; defendants motion to dismiss should be granted in all other respects. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
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Filing
48
ORDER signed by Magistrate Judge Kendall J. Newman on 3/25/2015 GRANTING defendants' 46 motion for an extension of time to file a response to plaintiff's second amended complaint; defendants shall file their response no later than 4/29/2015; and DENYING defendants' 47 motion for a discovery stay, without prejudice. (Yin, K)
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Filing
44
ORDER adopting in full 41 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 2/12/15. Defendants' 29 motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff is GRANTED leave to amend as to the si xth claim and ninth claim, but no further amendment will be permitted as to plaintiff's eighth claim against defendant Warden Swarthoutin his official capacity. Any amended complaint shall be filed not later than 30 days after the date this Order is electronically filed. (Kastilahn, A)
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Filing
41
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/19/14 recommending that defendants' motion to dismiss 29 be granted as to: Plaintiff's sixth claim against defendant Muldong. Plaintiff's eighth claim ag ainst defendant Warden Swarthout in his official capacity. Plaintiff's ninth claim under California Civil Code section 52.1 as to defendants Henry, Scotland, Ruiz, Muldong, Popovits, Arnold, Young and Swarthout, but that in all other respects defendants' motion to dismiss be denied. Motion to Dismiss 29 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
31
ORDER signed by Magistrate Judge Kendall J. Newman on 8/5/14 ORDERING that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Dillon, M)
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Filing
19
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Edwin McMillan signed by Magistrate Judge Kendall J. Newman on 3/12/2014. CDCR 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 CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
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Filing
7
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/7/13 ORDERING that the Clerk of Court is directed to randomly assign a district judge to this action. It is RECOMMENDED that this action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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Filing
5
ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/2013 ORDERING plaintiff shall submit, within 30 days, a completed affidavit in support of his request to proceed ifp and a certified copy of his trust account statement; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice; and the Clerk shall send plaintiff a new ifp application. (Yin, K)
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