Hardney v. Phillips, et al.
| John Hardney |
| G. Phillips, D. Yang, C. Fernandez, F. Turner, Weyer and R. Mazyek |
| 2:2013cv02371 |
| November 15, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Carolyn K. Delaney |
| Troy L. Nunley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
73
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/13/15 granting 64 Motion to Strike. Also, RECOMMENDING that defendants' motion for summary judgment 56 be granted. Motion for Summary Judgment 56 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
|
|
Filing
69
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/31/15 ORDERING that no later than thirty days from the date of this order, plaintiff may file a supplemental opposition to summary judgment, not to exceed 10 pages, addressing the materials h e reviewed pursuant to the June 10, 2015 protective order; Plaintiff shall indicate in the caption of his brief that it is to be filed under seal and include a copy of the instant order; and the Clerk of Court is directed to file plaintiffs supplemental brief under seal, as it concerns sealed materials per ECF No. 63 .(Dillon, M)
|
|
Filing
66
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/10/15 ORDERING That the sealed documents identified above (ECF No. 65 at 25, 34, 35, 36, 41, 44, 45, 47, 48, 49, 50, and 51) may be submitted to the possession of the following persons:(a) The Litigation Coordinator at the institution where plaintiff is now housed;(b) Counsel for plaintiff, should plaintiff acquire counsel;(c) Paralegal, stenographic, and clerical staff regularly employed by counsel for plaintiff;(d) Court personnel and s tenographic reporters engaged in such proceedings incidental to the preparation for trial and trial in this action;(e) Any outside expert or consultant retained by plaintiff for purposes of this action; and(f) Witnesses to whom the materials may be d isclosed during the preparation for trial and trial, provided that no witness may have copies of the materials, and each witness shall be informed and agree to be bound by the terms of this order. Plaintiff will be allowed to review these materials, but he may not retain them in his possession. Plaintiff shall be allowed one hour to review these materials in the Litigation Coordinators presence and take notes. He may not make copies of the material. In addition, plaintiff may not disclose to or discuss this material with any other inmate, nor may any other inmate review or have possession of, any material produced pursuant to this order or plaintiffs notes regarding the material.No later than thirty days from the date of this order, defendants shall file a status report on plaintiffs review of the documents in the Litigation Coordinators presence so that the court may set a supplemental briefing schedule for summary judgment.(Dillon, M)
|
|
Filing
63
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/4/2015 GRANTING defendants' 61 request to seal CDCR training materials on the use of O.C. spray, in the most recent version that existed as of December 2012. (Yin, K)
|
|
Filing
59
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/04/15 denying 47 Motion to Compel as to RFP Nos. 10, 12, 13, and 14. As to RFP 16, within 30 days from the date of this order, defendants shall submit for in camera review, CDCR training materials on the use of O.C. spray, in the most recent version that existed as of December 2012, along with a motion to file these documents under seal to L.R. 141. (Plummer, M)
|
|
Filing
52
ORDER ADOPTING 43 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 3/4/2015. Defendants' 34 Motion to Dismiss misjoined defendant is GRANTED. Defendant R. Mazyek is DISMISSED from this action. This dismissal does not preclude plaintiff from filing a separate action against defendant Mazyck. (Marciel, M)
|
|
Filing
48
ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/23/15 granting 44 Motion for referral to mediation as follows: The parties shall within 30 days from the date of this order, inform the court's Alternative Dispute Resolution (ADR) D ivision, in writing, if they believe a settlement conference would be beneficial, at the following address, fax number or email address: ADR Division, Attn: Sujean Park, U.S. District Court, 501 I Street, Suite 4-200, Sacramento, CA, 95814, Fax: 916-491-3912, Email: spark@caed.uscourts.gov (cc: ADR Director). (Plummer, M)
|
|
Filing
46
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/15 ordering defendants' request for an extension of time 45 is granted. The discovery deadline is extended until 2/13/15 such that defendants may take plaintiff's deposition up to and including that date. (Plummer, M)
|
|
Filing
43
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/12/15 ORDERING defendants' motion for protective order 37 is granted. Discovery in this action is stayed as to defendant Mazyck pending the district cou rt's ruling on defendants' motion 34 . Also, RECOMMENDING that Defendants' motion to dismiss misjoined defendant 34 be granted. Defendant Mazyck be dismissed from this action without prejudice to plaintiff's filing a separate action asserting his claims against her. Motion to Dismiss 34 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
|
|
Filing
21
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/23/2014 ORDERING that within 14 days, plaintiff shall inform the court whether he wishes to proceed with service of the original complaint or stand on the First Amended Complaint.(Yin, K)
|
|
Filing
18
ORDER adopting 12 FINDINGS AND RECOMMENDATIONS IN FULL signed by District Judge Troy L. Nunley on 4/2/14: Defendants Turner and Weyer are dismissed from this action. (Kaminski, H)
|
|
Filing
17
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/25/2014 DENYING plaintiff's 15 motion for clarification. (Yin, K)
|
|
Filing
12
ORDER and AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/18/2014 VACATING the 1/27/2014 9 findings and recommendations; service is appropriate for Phillips, Yang, and Fernandez, and Mazyek; the Clerk shall s end plaintiff forms for service for defendant Mazyek to be completed and returned within 30 days, along with the Notice of Submission; and RECOMMENDING that the complaint be dismissed as to defendants Turner and Weyer. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Yin, K)
|
|
Filing
9
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/27/14 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Plaintiffs request for leave to proceed in forma pauperis 2 is granted . Service is appropriate for C. Fernandez, G. Phillips, D. Yang. Clerk to send plaintiff: 1 Summons, 3 USM-285 Forms, and 1 copy of the Complaint filed on 11/15/13. It is RECOMMENDED that the complaint be dismissed with prejudice as to all defendants and causes of action except the claim that Phillips, Yang, and Fernandez used excessive force in violation of the Eighth Amendment against plaintiff on December 26, 2012. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.. (Dillon, M)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
