Lavery v. Dhillon
| Joseph Lavery |
| B Dhillon, Faiza Rading, Michele Ditomas, Jackie Clark and Brain Duffy |
| 2:2013cv02083 |
| October 8, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Allison Claire |
| Morrison C. England |
| 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
264
ORDER signed by District Judge Dale A. Drozd on 01/25/24 ADOPTING 260 Findings and Recommendations in full and GRANTING 247 Motion for Summary Judgment. CASE CLOSED (Benson, A.)
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Filing
260
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/25/2023 GRANTING 257 Request to File Supplemental Exhibit and RECOMMENDING that 247 Motion for Summary Judgment be granted and that final judgment be entered in Dr. Dhillon's favor. Referred to District Judge Dale A. Drozd. Objections within 14 days after being served with these findings and recommendations. (Huang, H)
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Filing
248
ORDER signed by Magistrate Judge Allison Claire on 4/10/2023 APPOINTING attorney Sarita Isabel Ordonez as limited purpose counsel for plaintiff Joseph Lavery. This appointment is for the limited purpose of filing an opposition to the motion for summary judgment. The opposition to the motion for summary judgment is due 7/7/2023. Appointed counsel shall notify Sujean Park with any questions related to the appointment. (cc: Sujean Park) (Yin, K)
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Filing
233
ORDER signed by Magistrate Judge Allison Claire on 09/29/21 DENYING 228 Motion for intervention and DENYING 229 Motion to Appoint Counsel. (Plummer, M)
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Filing
227
ORDER signed by Magistrate Judge Allison Claire on 06/22/20 DENYING 226 Motion to Appoint Counsel. (Plummer, M)
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Filing
225
ORDER signed by Magistrate Judge Allison Claire on 6/16/2020 DENYING plaintiff's 221 "petition for review" ; DENYING plaintiff's 223 , 224 motions for the appointment of counsel; GRANTING plaintiff's 224 motion for an extension of time. Within 60 days, plaintiff shall file a response to defendant's motion for summary judgment. Absent exigent circumstances, no additional requests for extensions of time will be granted. (Yin, K)
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Filing
215
ORDER signed by Magistrate Judge Allison Claire on 03/09/20 DENYING 214 Motion to Appoint Counsel. Plaintiff shall have thirty days from the date of this order within which to file his opposition to defendants motion for summary judgment. the Cle rk of Court shall re-serve the followingdocuments on plaintiff at his new address: The courts service order dated December 24, 2014 (ECF No. 36), and the courts March 2, 2020 order directing plaintiff to file an opposition to defendant Dhillons motion for summary judgment 212 . (Plummer, M)
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Filing
212
ORDER signed by Magistrate Judge Allison Claire on 3/02/20 ORDERING within 30 days of the date of this order, plaintiff shall file an opposition, if any, to defendant Dhillon's motion for summary judgment. The clerk of court shall send plaintiff a copy of the service order in this case dated 12/24/14, 36 . (Plummer, M)
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Filing
201
ORDER signed by Magistrate Judge Allison Claire on 7/24/2019 GRANTING plaintiff's 200 motion (application) and ORDERING, within 48 hours of the date of this order, Attorney Thomas Cregger shall inform the court of the steps that he has taken to date to schedule and notice the deposition of plaintiff during the last week of July 2019. If, after providing the aforementioned information to the court, Attorney Cregger has determined that the deposition cannot occur next week, in the same filing, he is to provide the court and Attorney Weinstein-Hamilton with a reasonable time-period within which he believes he will be able to schedule and notice the deposition of plaintiff. (Yin, K)
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Filing
197
ORDER signed by Magistrate Judge Allison Claire on 06/20/19 DENYING 195 Motion for a protective order and DENYING 196 Motion for Protective Order and request for legal papers. (Plummer, M)
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Filing
192
ORDER signed by Magistrate Judge Allison Claire on 03/29/19 ORDERING the Warden, litigation coordinator, and other correctional staff as needed at SATF,shall facilitate a confidential telephone call between Joseph Lavery and his attorney. The confid ential telephone call shall be placed on Friday, April 5, 2019, to begin at 9:00 a.m. and shall continue, without interruption, for a maximum of 90 minutes or until completed, whichever is earlier. Correctional staff shall initiate the phone call by calling Ms. Weinstein-Hamilton at (916) 220-3407. The telephone conversation shall be a confidential communication between attorney and client and conducted so as not to be overheard by correctional staff or others. Correctional staff, however, may k eep inmate Lavery under visual surveillance during the conversation. Failure to comply with this order may result in an order requiring the Warden of SATF, or others responsible for the failure to comply, to appear before the court to show cause why sanctions should not be imposed against them. The Clerk of the Court is ordered to serve this order by facsimile (559) 992-7191 and email on the Warden and litigation coordinator at SATF. (Plummer, M)
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Filing
191
ORDER signed by Magistrate Judge Allison Claire on 3/27/2019 ORDERING discovery to be completed 90 days from the date of this order and dispositive motions to be filed no later than 60 days after close of discovery. (Henshaw, R)
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Filing
182
ORDER signed by Magistrate Judge Allison Claire on 12/17/2018 ORDERING Attorney Rebecca Weinstein-Hamilton's appointment to represent plaintiff for the limited purpose of conducting discovery shall include taking of any and all depositions; ORD ERING Parties to meet and confer within 21 days of the date of this order to determine whether the filing of additional motions to compel by either party is necessary and whether depositions by either party are desired; and ORDERING Parties to file a stipulation and proposed modified discovery and scheduling order that reflects the parties agreements on these matter and includes firm deadlines for the filing of any further discovery-related motions, the taking of any depositions, and the close of discovery, within 21 days of the date of this order. (Henshaw, R)
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Filing
179
ORDER signed by Magistrate Judge Allison Claire on 10/23/18 DENYING 173 Motion to intervene. Plaintiff's counsel shall inform the court within 7 days whether additional time is needed to meet with and/or interview plaintiff. (Coll, A)
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Filing
177
ORDER signed by Magistrate Judge Allison Claire on 08/07/18 ORDERING by August 24, 2018, plaintiffs counsel shall inform the court of the date she ultimately schedules to meet with plaintiff, and within seven days of meeting with plaintiff, plaintif fs counsel shall inform the court whether an additional meeting date with plaintiff is needed or if discovery can proceed. Thereafter, the court will revisit issuing a modified scheduling order that takes into consideration the time parameters in the parties joint statement and stipulation re: discovery dates and deadlines.(Plummer, M) Modified on 8/8/2018 (Plummer, M).
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Filing
172
ORDER signed by Magistrate Judge Allison Claire on 07/12/18 GRANTING 169 Motion to Appoint Counsel. Rebecca A. Weinstein-Hamilton is appointed as counsel in this action for the limited purpose of completing discovery. Rebecca A. Weinstein-Hamilt ons appointment will terminate upon expiration of the modified discovery deadlines which are to be determined by the parties. However, prior to the termination of the appointment, counsel will be given the option to continue to represent plaintiff be yond discovery proceedings. Within thirty days of the date of issuance of this order, counsel for the parties are to: (1) meet and confer in order to determine mutually agreed upon modified discovery deadlines, and (2) file a joint statement with the court informing it of all agreed upon dates. Plaintiffs June 2018 motion to compel 171 is DENIED. The Clerk of the Court is directed to serve a copy of this order on Rebecca A. Weinstein-Hamilton, Law Office of Rebecca Weinstein-Hamilton, 4034 Prairie Falcon Dr., El Dorado Hills, CA 95762.(Plummer, M)
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Filing
170
ORDER ADOPTING 156 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge Morrison C. England, Jr on 6/13/2018 DENYING Plaintiff's 151 Motion to Amend; DISMISSING with prejudice Defendant John Doe. The case is to proceed on Plaintiff's Eighth Amendment claim against defendant Dhillon only. (Fabillaran, J)
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Filing
162
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 5/8/2018 ORDERING the custodian to produce Joseph Lavery T-07458, to appear by video-conferencing before Magistrate Judge Allison Claire on 6/6/2018 at 10:00 a.m.; 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 Warden. (cc: I.T. Dept.)(Yin, K)
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Filing
156
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/21/18 RECOMMENDING that plaintiff's motion to amend 15 be denied. Defendant John Doe be dismissed with prejudice; and the case proceed on plaintiff's Eighth Amendment claim against defenant Dhillon only. Motion to Amend 151 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
146
ORDER signed by District Judge Morrison C. England, Jr on 12/4/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/19/17 144 are ADOPTED in full; and Plaintiff's Eighth Amendment claims for deliberate indifference toward a serious medical need against Defendants Rading, Ditomas, and Clark are DISMISSED without leave to amend. (Mena-Sanchez, L)
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Filing
144
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/18/17 ORDERING that this action will proceed based on plaintiff's Eighth Amendment claim for deliberate indifference against defendant Dhillon and his state l aw negligence claims against defendant Doe. Also, RECOMMENDING that plaintiff's Eighth Amendment claims for deliberate indifference toward a serious medical need against defendants Rading, Ditomas and Clark be dismissed without leave to amend. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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Filing
137
ORDER signed by Magistrate Judge Allison Claire on 7/10/17 ordering The findings and recommendations filed June 9, 2017 135 are VACATED. Plaintiff must file a third amended complaint within thirty days of the date of this orders entry. Any requests for extension of time with respect to the foregoing deadline must be accompanied by a written statement explaining what steps plaintiffs counsel has undertaken to submit an adequate complaint.(Plummer, M) Modified on 7/11/2017 (Plummer, M).
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Filing
135
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/08/17 ORDERING the clerk of the court shall add "John Doe" - a registered nurse at California Medical Facility - to the docket as a defendant. Plaintiff must identify "John Doe" within 60 days of this order's entry so that service may be attempted. Also, RECOMMENDING that plaintiff's Eighth Amendment claims for deliberate indifference toward a serious medical need against defendants Dhillon, Rading, Ditomas, and Clark be dismissed without leave to amend. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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Filing
131
ORDER signed by Magistrate Judge Allison Claire on 5/1/2017 SUMMARILY GRANTING 124 and 125 Motions to Dismiss; GRANTING 129 Motion to Amend the Complaint; and VACATING motions hearing scheduled for 5/17/2017. Plaintiff's Second Amended Complaint to be filed within 30 days of this order's entry. (Henshaw, R)
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Filing
128
ORDER signed by Magistrate Judge Allison Claire on 4/21/17 ordering the hearing on defendants' motions to dismiss 124 , 125 which is presently set for 05/03/17 is continued until 5/17/17 at 10:00 a.m. in courtroom 26 before the undersigned. Plaintiff's counsel shall file written oppositions to defendants' motions or statements of non-opposition thereto, on or before 5/03/17. Defendants may file a written reply to plaintiff's opposition, if any, on or before 5/10/17. (Plummer, M)
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Filing
123
ORDER signed by Magistrate Judge Allison Claire on 02/16/17 ordering defendants Dhillon, Clark, Rading and DiTomas are granted an extension of time through and including 3/24/17 to respond to plaintiff's Supplemental First Amended Complaint. 121 (Plummer, M)
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Filing
120
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/12/17 ordering plaintiff may have a 30 day extension of time to and including 2/10/17, within which plaintiff may respond to the Court's order of 12/12/16 118 . (Plummer, M)
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Filing
118
ORDER signed by Magistrate Judge Allison Claire on 12/09/16 ordering Plaintiffs motion to dismiss 101 , motions for the appointment of counsel 104 , 114 , motion for court assistance 105 and motion for conference 116 are DENIED as moot. Within thirty (30) days after the filing date of this order, plaintiff shall file either (1) a single document labeled Exhibits to the First Amended Complaint, which includes all the documents referenced in the first amended complaint that support plaintif fs allegations against defendants, thereby demonstrating his desire to proceed on the first amended complaint; OR (2) amotion to amend accompanied by a proposed second amended complaint. Any motion to amend, and all future motions in this case, shall be filed pursuant toLocal Rule 230(b)-(j); subsection (l) of Local Rule 230 no longer applies as plaintiff is no longerproceeding in pro per. (Plummer, M) Modified on 12/12/2016 (Plummer, M).
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Filing
113
MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 09/30/2016 ADOPTING IN FULL 108 Findings and Recommendations; and DENYING Plaintiff's 81 Motion for Preliminary Injunction Relief and a Temporary Restraining Order. (Jackson, T)
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Filing
112
ORDER signed by Magistrate Judge Allison Claire on 09/29/16 ordering in order to protect plaintiffs rights, secure independent review by the assigned district judge, and preserve issues for appeal, the court will construe plaintiffs recent submissio n 108 as an objection to the recommendation that plaintiffs motion for preliminary injunctive relief and a temporary restraining order be denied, and to any and all findings and factand conclusions of law on which that recommendation is based. Plai ntiff need take no further action in order for his objections to be considered. The district court will consider the arguments that plaintiff has previously made regarding his motion for preliminary injunctive relief, and will review the issue de novo. (Plummer, M) Modified on 9/29/2016 (Plummer, M).
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Filing
108
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/26/2016 ORDERING within 30 days, plaintiff shall return the attached "Notification to Court" form indicating whether he wishes to proceed with this action. IT IS RECOMMENDED that plaintiff's 81 motion for preliminary injuctive relief and a temporary retraining order be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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Filing
97
ORDER signed by Magistrate Judge Allison Claire on 3/7/16 ORDERING that plaintiff's requests for accommodations ( 57 , 58 , 65 , 71 , 76 , 77 , 80 ) are GRANTED in part and DENIED in part. Plaintiff's request for a court order gra nting access to a typewriter is DENIED without prejudice. Plaintiff's request for assistance using the E-law library is GRANTED to the extent that the Deputy Attorney General is directed to file within 10 days from the filing date of this orde r an updated statement of accommodations, as set forth above; Plaintiff's request to speak with the court by phone (ECF No. 62 ) is DENIED; Plaintiff's motion for an extension of time (ECF No. 70 ) is DENIED; Within 30 days from the f iling date of this order, plaintiff shall file the documents referenced in his first amended complaint that support his allegations against defendants Dhillon, Clark, Ditomas, and Rading. Defendant Clark, Rading, and Ditomas motion to dismiss (ECF No. 47 ) and defendant Dhillons motion to dismiss (ECF No. 53 ) are VACATED without prejudice to renewal once plaintiff files the above exhibits. (Dillon, M)
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Filing
66
ORDER signed by Chief Judge Morrison C. England, Jr on 6/30/2015 DENYING plaintiff's 63 motion for reconsideration. (Yin, K)
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59
ORDER signed by Magistrate Judge Allison Claire on 6/15/2015 DENYING without prejudice plaintiff's 38 , 40 , 45 , 48 motions for appointment of counsel. Plaintiff's 51 request for a court order is DENIED as to plaintiff's request for paper and envelopes, and GRANTED to the extent that the Deputy Attorney General shall file a statement within 7 days, describing any writing-related accomodations available to plaintiff. Plantiff's 49 request for status regarding a mising file is DENIED. (Yin, K)
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Filing
28
ORDER signed by Magistrate Judge Allison Claire on 01/03/14 ordering plaintiff's requests for appointment of counsel 24 , 26 are denied. Plaintiff's motions for an extension of time 26 , 27 are granted. Plaintiff is granted 30 days from the date of this order in which to file an amended complaint. (Plummer, M)
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Filing
22
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joseph Lavery signed by Magistrate Judge Allison Claire on 11/21/13. CDC is to make payments to 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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