Mazza v. Austin et al
Plaintiff: Bryan Mazza
Defendant: L Austin, J. McCue, M. Kuersten, Jeffery Beard, G. Swarthout, J. C. Kelso, A. Pfile and R. Tan
Case Number: 2:2014cv00874
Filed: April 8, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Allison Claire
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
August 4, 2020 Opinion or Order Filing 166 ORDER signed by District Judge Troy L. Nunley on 8/3/2020 ADOPTING 165 Findings and Recommendations in full. Defendants' 143 , 144 Motions for Summary Judgment are GRANTED. Judgment is entered for Defendants Lipson, McCue, Kuersten, Austin and Tan. The Clerk of Court is directed to close this case. CASE CLOSED. (Zignago, K.)
June 24, 2020 Opinion or Order Filing 165 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/23/20 RECOMMENDING that defendants' motions for summary judgment 143 , 144 be granted. Judgment be entered for defendants Lipson, McCue, Kuersten, Austin and Tan; and the Clerk of Court be directed to close this case. Motions 143 , 144 referred to Judge Troy L. Nunley. Objections due within 21 days. (Plummer, M)
July 15, 2019 Opinion or Order Filing 159 ORDER signed by Magistrate Judge Allison Claire on 07/12/19 ORDERING Plaintiffs filings in opposition to defendants motions for summary judgment, ECF Nos. 148 , 149 , 153 and 154 , are construed as a consolidated opposition thereto, without pena lty for multiple filings. Plaintiffs fourth request for appointment of counsel, 150 request for appointment of a neutral medical examiner, 147 (see also ECF No. 152 ); and motion to subpoena witnesses at trial, ECF No. 151 , are each denied without prejudice as premature; plaintiff may renew these motions should he prevail on summary judgment. (Plummer, M)
November 16, 2018 Opinion or Order Filing 141 ORDER signed by Magistrate Judge Allison Claire on 11/15/18 GRANTING 137 Motion for Extension. Defendants shall conduct plaintiffs deposition and file any necessary motions to compel by 2/28/19. The dispositive motion deadline is extended to 6/14/19. In response to plaintiff's request for mediation, defendants shall file and serve a joint statement by 4/5/19 that states whether defendants also seek participation in a settlement conference. (Coll, A)
October 4, 2018 Opinion or Order Filing 136 ORDER signed by Magistrate Judge Allison Claire on 10/3/18 DENYING 135 Motion to Appoint Counsel without prejudice. (Coll, A)
September 20, 2018 Opinion or Order Filing 133 ORDER signed by Magistrate Judge Allison Claire on 09/19/18 ORDERING defendants shall conduct plaintiffs deposition by November 30, 2018. The dispositive motion deadline is extended to March 15, 2019. The Clerk of Court shall designate on the docket that plaintiffs current address is California State Prison Solano, Facility D. (Plummer, M)
February 22, 2018 Opinion or Order Filing 127 ORDER signed by Magistrate Judge Allison Claire on 2/22/2018 GRANTING IN PART 123 Motion for Extension of Time. All parties to file their objections on or before 3/14/2018. (Henshaw, R)
February 7, 2018 Opinion or Order Filing 121 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/6/2018 RECOMMENDING that Defendant's 108 Motion for Summary Judgment be denied and that summary judgment on the issue of administrative exhaustion be entered for plaintiff. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Fabillaran, J)
October 6, 2017 Opinion or Order Filing 116 ORDER signed by Magistrate Judge Allison Claire on 10/05/17 ORDERING that on or before 11/03/17, plaintiff shall file and serve his opposition to defendants' motion for summary judgment. Defendants may file and serve a reply within 7 days after the electronic filing of plaintiff's opposition. (Plummer, M)
September 15, 2017 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Allison Claire on 9/14/2017 DENYING as MOOT 111 Motion to Compel Further Discovery. (Henshaw, R)
August 17, 2017 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Allison Claire on 8/16/2017 DENYING as moot 107 Motion to Stay and GRANTING IN PART 109 Amended Motion to Stay Discovery. Deadlines for conducting plaintiff's deposition and filing dispositive motions are vacated and stayed pending further order of this court. Defendant Kuerston to serve responses to plaintiff's outstanding discovery requests within 21 days after the filing date of this order. (Henshaw, R)
July 31, 2017 Opinion or Order Filing 106 ORDER signed by Magistrate Judge Allison Claire on 7/28/2017 ORDERING plaintiff's 98 motion to compel discovery is DENIED without prejudice. Defendants' respective 104 , 105 motions to compel discovery are DENIED without prejudice. T he deadline for plaintiff's response to defendants' discovery requests served 5/2/2017 (defendants Austin, Kuerston, Lipson and McCue), and May 10, 2017 (defendant Tan) is EXTENDED, for all responses, to 8/18/2017. Any motion to compel further discovery shall be filed and served on or before September 1, 2017. The 95 Order to Show Cause issued 6/13/2017 is DISCHARGED. (Yin, K)
June 13, 2017 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Allison Claire on 6/12/2017 ORDERING plaintiff's 88 motion for an expert medical examination is DENIED without prejudice. Plaintiff's 89 motion for assistance in obtaining the testimony of four identif ied witnesses is DENIED without prejudice. Plaintiff's 90 motion for leave to file a further amended complaint is DENIED. Plaintiff's 92 motion for injunctive relief is GRANTED IN PART and DENIED IN PART as follows: (a) Plaintiff 9;s request for an order of this court directing prison officials to refrain from transferring him to another institution is DENIED; (b) Plaintiff's request for an order of this court directing defendants to show cause why plaintiff is not obt aining the pain medication (morphine) allegedly prescribed by his treating physician, Dr. Mitchell, is GRANTED; (c) defendants shall file and serve, within 21 days, a response to plaintiff's motion for injunctive relief, in accordance with th is order. Plaintiff may, within 7 days after service of defendants' statement, file and serve a response. The Clerk shall (a) strike the amended complaint and (b) send plaintiff, together with a copy of this order, a copy of the court's order filed May 18, 2017. (Yin, K)
May 18, 2017 Opinion or Order Filing 87 ORDER signed by Magistrate Judge Allison Claire on 5/17/2017 DENYING 85 Request to locate witness and appoint prisoner legal assistant without prejudice. (Henshaw, R)
July 11, 2016 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Allison Claire on 7/11/2016 ORDERING this action is STAYED until further order of this court. Upon conclusion of the state court action, plaintiff shall, within 7 days thereafter, file and serve a statement informing the court and defendants of such conclusion and the date of plaintiff's return to California State Prison Solano. If the state court action has not concluded within 30 days, plaintiff shall file and serve a statement informing the court and defendants of the status of that action. Plaintiff shall file and serve status statements every 30 days thereafter until the state court action is concluded.(Yin, K)
June 22, 2016 Opinion or Order Filing 69 ORDER signed by Magistrate Judge Allison Claire on 6/21/16 DENYING without prejudice 68 Motion to Appoint Counsel. (Dillon, M)
May 17, 2016 Opinion or Order Filing 67 ORDER signed by Magistrate Judge Allison Claire on 5/16/16 DENYING 66 Motion to lift the stay; This action shall remain stayed until July 15, 2016, or further order of this court. (Dillon, M)
May 12, 2016 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Allison Claire on 05/11/16 ordering plaintiff shall file and serve a statement no later than 7/01/15, informing the court and defendants of the resolution of his criminal proceeding, and when plaintiff is returned to state prison. If the 6/20/16 trial is continued, plaintiff shall promptly file and serve a statement so informing the court and defendants, and shall identify the new trial date. Absent further order of this court, this action shall remain stayed until 7/15/16. (Plummer, M)
March 29, 2016 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Allison Claire on 03/28/16 ordering the order to show cause filed 03/16/16 56 is discharged. Plaintiff shall, on or before 4/22/16, file and serve a statement identifying plaintiff's place of incarceration fo llowing the 4/13/15 state criminal proceeding currently pending against him; if the 4/13/16 hearing is continued, plaintiff shall so inform the court and defendants, and identify the new hearing date. All other matter in this action shall remain stayed until 5/02/16 or further order of this court. (Plummer, M)
January 12, 2016 Opinion or Order Filing 49 ORDER signed by Magistrate Judge Allison Claire on 1/11/16 ORDERING that the discovery and scheduling order, ECF No. 44 , is VACATED until further order of this court. Plaintiff is directed to inform the court and defendants when he is transferred back to CSP-SOL, by filing and serving a statement within 7 days after his return to CSP-SOL. If plaintiff is not returned to CSP-SOL within 60 days after the filing date of this order, he shall file and serve a statement so informing the court and defendants. Plaintiff is cautioned that if he files no statement within 75 days after the filing date of this order, he will be ordered to show cause why this case should not be dismissed for failure to prosecute. (Dillon, M)
November 18, 2015 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Allison Claire on 11/17/2015 ORDERING plaintiff's recently-filed documents, ECF Nos. 40 - 39 , require no action by this court. Plaintiff is reminded that the court awaits his submission of information necessary to complete service of process on defendant McCue. (Yin, K)
September 22, 2015 Opinion or Order Filing 36 ORDER signed by Magistrate Judge Allison Claire on 09/21/15 ordering the clerk of court is directed to designate plaintiff's original complaint 3 as the "Operative Complaint;" the Clerk of Court is also directed to combine and separ ately file plaintiff's new exhibits (at ECF No. 32 at 10), and ECF No. 32 at 147-62 (Exhibits 23-7) as an "Addendum to Operative complaint. The clerk of the court is also directed to send plaintiff together with a copy of this order, a cop y of the newly-filed "Addendum to Operative Complaint", and 1 blank summons for defendant McCue. Within 21 days after the filing date of this order, plaintiff shall submit to the court the completed USM-285 form for defendant McCue with th e attached Notice of Submission of Document. Failure to return the information will be construed as plaintiff's request that defendant McCue be dismissed from this action, together with defendants Beard, Kelso, Swarthout and Pfile. (Plummer, M)
May 5, 2015 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Allison Claire on 5/4/15 ORDERING that Plaintiff's Second Amended Complaint is dismissed without prejudice; plaintiffmay proceed on his original complaint or a proposed Third Amended Complaint. Plaintiffs claims against defendants Swarthout, Kelso, Beard, and Pfile but not against defendant Lipson remain dismissed with leave to amend. Plaintiffs original complaint, ECF No. 3 , states cognizable Eighth Amendment claims for deliberate indifference to plain tiffs serious medical needs against defendants Lipson, Austin, Kuersten, McCue, and Tan. Within 30 days after the filing date of this order, plaintiff shall return the attached Notice of Election indicating whether he intends to proceed on: his o riginal complaint, ECF No. 3 ; or a proposed Third Amended Complaint (TAC). If plaintiff elects to file a TAC, he shall submit the proposed TAC together with the Notice of Election. Clerk of Court is directed to send plaintiff, together with a co py of this order, the following: (1) one blank summons, (2) five USM-285 forms, (3) a copy of the endorsed original complaint filed March 21, 2014, ECF No. 3, and (4) instructions for service of process on defendants Lipson, Austin, Kuersten, McCue and Tan.(Dillon, M)
October 1, 2014 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Allison Claire on 9/30/2014 DENYING plaintiff's 19 motion to amend the complaint, as unnecessary, and plaintiff shall file his amended complaint within 30 days; DENYING plaintiff's 20 motion for appointment of counsel ; DENYING plaintiff's 21 motion for appointment of expert witness; and DENYING plaintiff's 24 motion to dismiss several defendants. (Yin, K)
September 2, 2014 Opinion or Order Filing 16 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 8/29/14 ORDERING the Director of the CDC to collect and forward payment from the trust account of Bryan Mazza and forward payment to the court until the balance is pai d in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial).(Dillon, M)
April 16, 2014 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Allison Claire on 4/15/14 ORDERING that plaintiffs motion for court-ordered legal supplies (ECF No. 6 ) is denied.(Dillon, M)
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Search for this case: Mazza v. Austin et al
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Plaintiff: Bryan Mazza
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Defendant: L Austin
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Defendant: J. McCue
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Defendant: M. Kuersten
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Defendant: Jeffery Beard
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Defendant: G. Swarthout
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Defendant: J. C. Kelso
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Defendant: A. Pfile
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Defendant: R. Tan
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