Cordero v. Guzman et al
Plaintiff: Randy M. Cordero
Defendant: Nick A. Guzman, Mejia, D Vincent, T Smith, Burgain and Ybarra
Case Number: 2:2013cv01551
Filed: July 30, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
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
October 11, 2019 Opinion or Order Filing 259 ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/2019 ORDERING this court has not received a request to stay from plaintiff. Plaintiff's request for stay should be directed to the Ninth Circuit of Appeals. (Yin, K)
July 6, 2017 Opinion or Order Filing 186 ORDER adopting 170 FINDINGS AND RECOMMENDATIONS signed by District Judge John A. Mendez on 7/5/17: 156 Motion for Sanctions is GRANTED IN PART AND DENIED IN PART WITHOUT PREJUDICE. (Kaminski, H)
June 28, 2017 Opinion or Order Filing 181 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/28/2017 ORDERING the custodian to produce Guillermo Mercado, to testify in USDC at 9:00 a.m. on 7/27/2017 in courtroom 6, before Judge John A. Mendez; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and MCSP Warden. (cc: OTCD-SAC)(Yin, K)
June 16, 2017 Opinion or Order Filing 170 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/16/17 recommending that plaintiff's motion for sanctions 156 be granted in part and denied in part: plaintiff's motion for an adverse inference instruction sh ould be denied; and, as discussed above, defendant should be precluded from offering non-expert and expert evidence in his case-in-chief regarding whether the front bead sight was bent and whether is caused the shot to go errant. Motion for Sanctions 156 referred to Judge John A. Mendez. Objections due within 7 days. (Plummer, M)
June 12, 2017 Opinion or Order Filing 164 ORDER signed by Magistrate Judge Kendall J. Newman on 06/12/17 ordering having considered the Notice of Request and Request to Seal the Court finds that Plaintiffs Request is GRANTED. The Clerk of the Court shall file under seal the redacted portions of Plaintiffs Motion for Sanctions and the Declaration of Meryn C. N. Grant in support thereof (See order for further details) (Plummer, M)
April 5, 2017 Opinion or Order Filing 154 ORDER signed by Magistrate Judge Kendall J. Newman on 04/05/17 granting in part and denying in part 142 , 143 Motions to Compel. Defendant shall produce the documents discussed above within 30 days of the 3/30/17 hearing. (Plummer, M)
March 31, 2017 Opinion or Order Filing 153 STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/17. (Kaminski, H)
March 9, 2017 Opinion or Order Filing 141 STIPULATION and ORDER signed by District Judge John A. Mendez on 03/09/17 the expert witness the disclosure deadlines are CONTINUED as follows: Designation of Expert Witnesses due by 4/11/2017 with any supplemental/rebuttal disclosures due 05/05/17. The 06/02/17 deadline for completion of expert discovery shall remain in full force and effect. (Benson, A)
December 28, 2016 Opinion or Order Filing 135 STIPULATION and ORDER signed by District Judge John A. Mendez on 12/27/16 ORDERING that Trial will commence 7/24/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; the Pretrial Conference will take place 6/23/2017 at 10:00 A M in Courtroom 6 (JAM) before District Judge John A. Mendez with the joint pretrial statement due 7 days before the hearing; expert discovery shall be completed by 06/02/17. The remaining deadlines set out in the Court's (#133) 12/20/16 minute order shall remain in full force and effect. (Benson, A)
November 18, 2016 Opinion or Order Filing 128 ORDER signed by District Judge John A. Mendez on 11/18/2016 ORDERING 127 the Court finds that Plaintiff's ex parte application to shorten time for briefing and hearing on motions to reopen discovery and to modify the pre-trial order is GRANT ED; Defendant's briefs in opposition to the motions, if any, shall be filed no later than 11/29/2016; Plaintiff's reply briefs in support of the Motions shall be filed no later than 12/6/2016; and the hearing on the motion is scheduled for 12/13/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)
October 19, 2016 Opinion or Order Filing 121 ORDER signed by District Judge John A. Mendez on 10/11/16 ORDERING that plaintiff Cordero's 117 Motion to Appoint Counsel is GRANTED; Kala Sherman-Presser is APPOINTED for Randy M. Cordero (cc: ADR) [Attorneys Grant and Soper are not admitted to CAED and therefore not added to case] (Benson, A) (Main Document 121 replaced on 10/19/2016) (Benson, A).
October 5, 2016 Opinion or Order Filing 120 ORDER signed by District Judge John A. Mendez on 10/4/16 ORDERING Defendant's motion to continue the trial is granted. The January 9, 2017 jury trial is vacated and continued to March 27, 2017 at 9:00 a.m. in Courtroom 6. (Becknal, R)
August 19, 2016 Opinion or Order Filing 116 ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2016 ORDERING plaintiff to file his pretrial statement on or before 9/16/2016, defendants shall file their pretrial statement on or before 9/30/2016. The pretrial conference is set for 10/14/2016 before Magistrate Judge Kendall J. Newman, to be conducted on the file only. The jury trial set for 1/9/2017 before the Honorable John A. Mendez is CONFIRMED.(Yin, K)
June 10, 2016 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Kendall J. Newman on 06/10/16 ordering that the pretrial conference set for 7/01/16 is vacated; the parties are not required to file pretrial statements. (Plummer, M)
April 22, 2016 Opinion or Order Filing 109 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 04/22/16 ordering the Custodian to produce Randy M. Cordero on 8/16/16 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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: CKD and OTCD) (Plummer, M)
April 21, 2016 Opinion or Order Filing 107 ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/16 DENYING without prejudice 102 Motion to Appoint Counsel. (Dillon, M)
March 30, 2016 Opinion or Order Filing 100 ORDER signed by District Judge John A. Mendez on 3/29/2016 DENYING 97 Motion for Extension of Time as unnecessary; ADOPTING IN FULL 88 Findings and Recommendations; GRANTING 50 Motion for Summary Judgment as to the plaintiff's claims against Defendant Parra on grounds that the plaintiff failed to exhaust his administrative remedies. (Michel, G.)
January 28, 2016 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/16 ordering plaintiff's motion for judicial intervention 87 is denied. Plaintiff is granted 21 days from the date of this order to file supplemental objections. Plaintiff's motion for appointment of counsel 89 is denied. (Plummer, M)
January 8, 2016 Opinion or Order Filing 92 ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/16 ORDERING that within 10 days of the date of this order, the RJDCF Warden shall file a status report addressing plaintiffs access to his legal property; The Clerk of the Court is directed to serve this order and a copy of plaintiffs November 5, 2015 motion for judicial intervention (ECF No. 87 ) and January 4, 2016 letter (ECF No. 89 ) on the Warden of R.J. Donovan Correctional Facility, R.J. Donovan Correctional Facility, 480 Alta Road, San Diego, California, 92179 and Supervising Deputy Attorney General Monica Anderson. (cc Monica Anderson)(Dillon, M)
December 23, 2015 Opinion or Order Filing 88 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/22/2015 RECOMMENDING that defendants' 50 motion for summary judgment be granted as to plaintiff's claims against defendant Parra on grounds that plaintiff failed to exhaust his administrative remedies. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
September 4, 2015 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Kendall J. Newman on 09/04/15 denying 82 Motion to appear at the evidentiary hearing via skype. (Plummer, M)
August 13, 2015 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Kendall J. Newman on 08/13/15 ordering plaintiff's requests to appear at the evidentiary hearing by videoconference or Skype 77 , 78 are denied. (Plummer, M)
August 5, 2015 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Kendall J. Newman on 08/05/15 ordering that plaintiff's request for court assistance in obtaining the appearance of witnesses for the evidentiary hearing 75 is denied. (Plummer, M)
July 1, 2015 Opinion or Order Filing 74 ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 7/1/2015 ORDERING the custodian to produce Randy M. Cordero T-37551, to testify in USDC at 9:00 A.M. on 9/14/2015 in courtroom #25, before Magis trate Judge Kendall J. Newman; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
June 26, 2015 Opinion or Order Filing 73 ORDER denying 70 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 06/26/15. (Plummer, M)
June 18, 2015 Opinion or Order Filing 71 ORDER ADOPTING 65 FINDINGS and RECOMMENDATIONS signed by Judge John A. Mendez on 6/17/2015. Defendants' 50 Motion for Summary Judgment is GRANTED as to defendants Mejia, Vincent, Smith and Bargarin, and as to plaintiff's negligence clai m against defendant Guzman; and DENIED as to plaintiff's federal claims against defendant Guzman and Parra. The 4/20/2015 65 Findings and Recommendations are ADOPTED with respect to finding that it cannot be determined from record whether plaintiff exhausted administrative remedies with respect to his claims against defendant Parra. This action is REMANDED to Magistrate Kendall J. Newman to conduct an evidentiary hearing with respect to this issue. (Marciel, M)
April 20, 2015 Opinion or Order Filing 65 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/17/2015 GRANTING defendants' 61 motion for an extension of time to file a reply; DENYING plaintiff's 59 motion to amend; AND RECOMMENDING that d efendants' 50 summary judgment motion be granted as to defendants Mejia, Vincent, Smith and Bargarin, and as to plaintiff's negligence claim against defendant Guzman; and denied as to plaintiff's federal claims against defendants Guzman and Parra. Referred to Judge John A. Mendez; Objections due within 14 days.(Yin, K)
November 24, 2014 Opinion or Order Filing 54 ORDER denying 53 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 11/24/14. Plaintiff's opposition to defendants summary judgment motion is due within 30 days of the date of this order. (Plummer, M)
November 10, 2014 Opinion or Order Filing 52 ORDER signed by Judge John A. Mendez on 11/7/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/11/14 44 are ADOPTED in full; and Plaintiff's MOTION For Judicial Intervention 43 , construed as a MOTION for Injunctive Relief, is DENIED. (Mena-Sanchez, L)
September 11, 2014 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/11/14 recommending that plaintiff's motion for judicial intervention 43 , construed as a motion for injunctive relief, be denied. MOTION 43 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
December 12, 2013 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/13 denying 30 Motion to Appoint Counsel. (Plummer, M)
November 22, 2013 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/13 granting 23 Motion for judicial intervention. The clerk of the court is directed to amend court records to reflect that defendant Ybarra's name is A. Parra. (Plummer, M)
October 21, 2013 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/13 ORDERING that the Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the complaint filed July 16, 2013; Within 60 days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with one completed USM-285 form for defendant Ybarra; Two copies of the endorsed complaint filed July 16, 2013; and one completed summons form or show good cause why he cannot provide such information.(Dillon, M)
September 20, 2013 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/13 denying 15 Motion to Appoint Counsel. (Dillon, M)
September 4, 2013 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kendall J. Newman on 9/4/13 ORDERING that The Clerk of the Court is directed to send plaintiff one blank USM-285 form; and within 30 days, plaintiff shall submit to the court the completed USM-285 form for defendant Ybarra required to effect service.(Dillon, M)
August 2, 2013 Opinion or Order Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Randy M. Cordero signed by Magistrate Judge Kendall J. Newman on 08/02/13. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Plaintiff: Randy M. Cordero
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Defendant: Nick A. Guzman
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Defendant: Mejia
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Defendant: D Vincent
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Defendant: T Smith
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Defendant: Burgain
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Defendant: Ybarra
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