Benyamini v. Swett et al

Plaintiff: Robert Benyamini
Defendant: M. Swett, R. Miranda, M Carpenter, M Perry and Roth
Case Number: 2:2013cv00735
Filed: April 15, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
July 12, 2018 Opinion or Order Filing 114 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/12/2018 RECOMMENDING that Defendants' motion for summary judgment 98 be granted; Plaintiff's excessive force claims be dismissed with prejudice; The Clerk be d irected to close this case. Referred to Judge Kimberly J. Mueller. Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Cannarozzi, N)
May 1, 2018 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/30/18 VACATING 105 FINDINGS AND RECOMMENDATIONS and denying 109 Motion to Strike. Defendants shall file their reply, if any, to plaintiff's opposition 108 within 14 days of this order's entry. The motion for summary judgment will then stand submitted. (Plummer, M)
December 13, 2017 Opinion or Order Filing 105 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/12/2017 RECOMMENDING that this action be dismissed for failure to prosecute. Referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (York, M)
November 9, 2017 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2017 ORDERING within 21 days, plaintiff shall file either an opposition to defendants' 98 motion for summary judgment or a statement of no opposition to the same. Defendants may submit a reply within 7 days of plaintiff's filing, if any. The court finds that oral argument would not be of material assistance and, therefore, the 11/15/2017 hearing is VACATED. The matter will stand submitted for decision after the filing of defendant's reply, if any. (Yin, K)
June 13, 2017 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Edmund F. Brennan on 6/12/2107 GRANTING 92 Request to Reset the Dispositive Motion Deadline. Defendants to file dispositive motion by 8/31/2017. (Henshaw, R)
March 31, 2017 Opinion or Order Filing 91 ORDER signed by District Judge Kimberly J. Mueller on 3/30/2017 ADOPTING 88 Findings and Recommendations to the extent consistent with this order; DENYING 82 Motion to Compel and Request for Terminating Sanctions; GRANTING the defendants thirty d ays in which to notice the plaintiff's deposition; ORDERING the plaintiff to appear, and cooperate fully in, a deposition noticed as authorized by this order; INFORMING the plaintiff that his failure to appear at, or cooperate fully in, his depo sition will result in the dismissal of this action; PRECLUDING the plaintiff from offering information connected with any motion for summary judgment or opposition to a defense motion for summary judgment listed herein; ORDERING that this Court retain jurisdiction over this matter until after plaintiff's deposition is completed or any motion based on plaintiff's alleged failure to cooperate in his deposition is resolved. (Michel, G.)
January 17, 2017 Opinion or Order Filing 88 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/17/2017 RECOMMENDING defendants' 82 motion to compel and request for terminating sanctions be granted and that this action be dismissed with prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
August 4, 2016 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/16 ORDERING that the August 10, 2016 hearing on defendants' motion to compel and request for sanctions is VACATED. Within 14 days of the date of this order, plaintiff shall file either an opposition to defendants' motion to compel and request for sanctions or a statement of no opposition. The August 16, 2016 deadline for the filing of defendants dispositive motion is vacated. After defendants' motion to compel and request for sanctions is submitted for decision, the court will set a new deadline for defendants' filing of a dispositive motion.(Dillon, M)
August 1, 2016 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/1/2016 DENYING plaintiff's 79 motion to declare defendants vexatious. (Yin, K)
May 18, 2016 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Edmund F. Brennan on 5/17/16 ORDERING that Defendants' motion to compel 69 is GRANTED as follows: a. Plaintiff shall, within 30 days of the date of this order, serve his responses todefendant Swett's RFP N os. 1, 2, 4, 5, 7, 9, 11 and defendants Carpenter,Miranda, Perry, and Roth's RFP Nos. 1-2. b. Failure to serve full and complete responses may result in sanctions, including the dismissal of this action for plaintiff's failure to follow cou rt orders and prosecute his case.c. If defendants receive no response or an inadequate response to their RFPs, they may file a motion to compel within 14 days of the date the discovery responses are due. d. Any dispositive motions shall be filed within 90 days of the date of this order. Plaintiff's motion for service of a subpoena 74 is DENIED. Plaintiff's motion for appointment of counsel 74 is DENIED.(Dillon, M)
April 22, 2016 Opinion or Order Filing 77 ORDER signed by District Judge Kimberly J. Mueller on 04/21/16 ORDERING that 71 , 73 Requests for Reconsideration are DENIED. (Benson, A)
December 4, 2015 Opinion or Order Filing 70 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/3/15 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to defendants motions (ECF No. 69 ) or a statement of no opposition. The December 9, 2 015 hearing on defendants' motions (ECF No. 69 ) is VACATED. Good cause appearing, the December 31, 2015 deadline for the filing of defendants dispositive motion is vacated. After defendants motions (ECF No. 69 ) are submitted for decision, the court will set a new deadline for defendants filing of a dispositive motion.(Dillon, M)
October 9, 2015 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/15 ORDERING that 67 Motion for Extension of time is GRANTED to the extent that plaintiff has an additional 14 days within which to respond to defendants discovery requests, and is DENIED in all other respects.(Dillon, M)
September 23, 2015 Opinion or Order Filing 63 ORDER ADOPTING 57 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Kimberly J. Mueller on 9/23/2015. Defendant's 37 Motion for Summary Judgment is DENIED. (Marciel, M)
August 14, 2015 Opinion or Order Filing 57 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/14/2015 RECOMMENDING that defendants' 37 motion for summary judgment be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
July 31, 2015 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/2015 ORDERING that the court hereby clarifies that the amended deadline for the completion of discovery, for the limited purposes identified in the court's 7/6/2015 order, is 10/30/2015.(Yin, K)
July 21, 2015 Opinion or Order Filing 54 STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 7/20/2015 and agreed between the parties to EXTEND the dispositive motion deadline to 12/31/2015. (Yin, K)
July 6, 2015 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Edmund F. Brennan on 7/2/15 ORDERING that plaintiff's requests for an extension of time to serve his responses to defendants' discovery requests (ECF Nos. 36 , 46 ) are granted to the extent that plai ntiff shall serve defendants with his responses no later than 90 days from the date of this order. The deadline for serving requests for written discovery is modified to the extent that plaintiff may serve defendants with requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 no later than 30 days from the date of this order. Any motions necessary to compel discovery shall be filed within 120 days from the date of this order.(Dillon, M)
April 3, 2015 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/2/2015 ORDERING that the hearing on defendants' 37 motion for summary judgment is CONTINUED to 5/20/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; pl aintiff shall file an opposition to the motion, or a statement of non-opposition thereto, no later than 5/4/2015; defendants may file a reply on or before 5/11/2015; the 3/11/2015 order to show cause is DISCHARGED; and the Clerk shall terminate docket entry number 39 . (Yin, K)
March 11, 2015 Opinion or Order Filing 38 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 03/11/15 ordering the hearing on defendants' motion for summary judgment is continued to 4/08/15 at 10:00 a.m. in courtroom 8. Plaintiff shall show cause in writing, no later than 3/25/15, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Plaintiff shall file an opposition, or a statement of non-opposition thereto, no later than 3/25/15. Defendants may file a reply to plaintiff's opposition, if any, on or before 4/01/15. (Plummer, M)
September 18, 2014 Opinion or Order Filing 30 ORDER signed by Judge Kimberly J. Mueller on 9/18/14 ADOPTING IN FULL 28 Findings and Recommendations; DENYING 22 Motion to Declare Plaintiff a Vexatious Litigant. (Meuleman, A)
May 15, 2014 Opinion or Order Filing 28 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/15/2014 ORDERING the hearing on defendants' motion, currently set for 5/21/2014, is VACATED; RECOMMENDING 22 MOTION to Declare Plaintiff a Vexatious Lit igant and Require a Security be denied; 1 Prisoner Civil Rights Complaint filed by Robert Benyamini is referred to Judge Kimberly J. Mueller; Any party may file Objections to F&R within 14 days after being served. Failure to file objections within the specified time may waive the right to appeal the District Court's order. (Waggoner, D)
April 16, 2014 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/14 ORDERING that the hearing on defendants motion to declare plaintiff a vexatious litigant is continued to May 21, 2014, at 10:00 a.m. in Courtroom No. 8. Plaintiff shall show cause, in writing, no later than April 30, 2014, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto, no later than April 30, 2014. Plaintiffs motion for a change of calendar (ECF No. 24 ) is denied.(Dillon, M)
October 3, 2013 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Edmund F. Brennan on 10/3/13 ORDERING that the Clerk of the Court shall send plaintiff five USM-285 forms, one summons, an instruction sheet and one copy of the April 15, 2013 complaint. Within 21 days from service of this order, plaintiff shall complete the attached Noticeof Submission of Documents and submit it to the court with the completed summons and USM-285 forms and six copies of the endorsed April 15, 2013 complaint. Failure to comply with this order may result in dismissal of this action.(Dillon, M)
April 22, 2013 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Edmund F. Brennan on 4/22/2013 ORDERING that plaintiff has 30 days to submit either the filing fee or the application required by § 1915(a); the Clerk shall mail plaintiff an application to proceed ifp by a non-prisoner. Failure to comply will result in a recommendation that this action be dismissed.(Yin, K)

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Plaintiff: Robert Benyamini
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Defendant: M. Swett
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Defendant: R. Miranda
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Defendant: M Carpenter
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Defendant: M Perry
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Defendant: Roth
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