Padilla v. Beard et al
Plaintiff: Jermaine Padilla
Defendant: Jeffrey Beard, Michael Stainer, Connie Gipson, Dave Davies, Ernest Wagner, M. Godina, R. Pruneda, R. Martinez, J. Acevedo, C. Garcia and E. Silva
Case Number: 2:2014cv01118
Filed: May 6, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Other 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
April 12, 2018 Opinion or Order Filing 305 ORDER RE: PLAINTIFF JERMAINE PADILLA SPECIAL NEEDS TRUST signed by District Judge Kimberly J. Mueller on 4/11/18. (Mena-Sanchez, L)
December 21, 2017 Opinion or Order Filing 303 ORDER signed by District Judge Kimberly J. Mueller on 12/20/2017 ORDERING that this action is DISMISSED with prejudice, pursuant to FRCP 41(a)(1)(A)(ii); each party to bear its own costs, attorney's fees and expenses. (Reader, L)
September 28, 2017 Opinion or Order Filing 293 ORDER signed by District Judge Kimberly J. Mueller on 9/27/17 ORDERING that the Notice of Request to Seal Document 291 is DENIED without prejudice. The Clerk of the Court is directed to destroy the documents submitted in support of the request. U pon any resubmission, Plaintiff shall brief the standard applicable to his request and the proper characterization of his submission in support of a motion to approve a good faith settlement. If redaction is sufficient to address Plaintiff's legitimate concerns, he shall propose a redacted filing.(Mena-Sanchez, L)
July 18, 2017 Opinion or Order Filing 289 ORDER signed by District Judge Kimberly J. Mueller on 7/17/2017 ORDERING The Motion for Approval of Settlement shall be filed no later than 7/25/2017.(Reader, L)
April 19, 2017 Opinion or Order Filing 276 ORDER signed by District Judge Kimberly J. Mueller on 4/19/17 GRANTING Request to seal records filed in support of Plaintiff's application for appointment of guardian ad litem.(Mena-Sanchez, L)
April 14, 2017 Opinion or Order Filing 267 ORDER signed by District Judge Kimberly J. Mueller on 4/14/2017 GRANTING 104 Motion to file an Amicus Brief. The proposed amicus brief as ECF No. 104-1 is DEEMED FILED. Plaintiff's 103 Motion for Reconsideration is DENIED. (Donati, J)
April 13, 2017 Opinion or Order Filing 257 ORDER signed by District Judge Kimberly J. Mueller on 4/12/2017 CONDITIONALLY GRANTING IN PART 161 Motion to Substitute Witness construed as a motion for late disclosure of guardian ad litem Cynthia Gonzalez as a percipient witness. (Michel, G.)
January 27, 2017 Opinion or Order Filing 186 ORDER signed by District Judge Kimberly J. Mueller on 1/27/2017 GRANTING 153 Ex Parte Application for Appointment of Guardian Ad Litem; APPOINTING Cynthia Gonzalez as Guardian Ad Litem for Plaintiff Jermaine Padilla. (Michel, G.)
July 21, 2016 Opinion or Order Filing 137 ORDER signed by District Judge Kimberly J. Mueller on 7/21/2016 GRANTING 127 Request to File or Lodge a Compact Disk containing the recording of the plaintiff's 7/12/2012 intervention and extraction as evidence in connection with the parties' motion for summary judgment. (Michel, G.)
April 27, 2016 Opinion or Order Filing 123 ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/16: Plaintiff may appear at the May 2, 2016 settlement conference via videoconference. Counsel for plaintiff shall make appropriate arrangements to ensure that plaintiff is available via videoconference at the settlement conference's 9:00 a.m. start time for the duration of the settlement conference on May 2, 2016. Plaintiff's counsel shall appear at the settlement conference in person. (Kaminski, H)
April 22, 2016 Opinion or Order Filing 122 ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2016 ORDERING [ 114 ] As of this time, both plaintiff and his counsel are directed to appear at the 5/2/2016 settlement conference in person. (Reader, L)
April 21, 2016 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/16 ORDERING that Plaintiff's ex parte application to appear at the May 2, 2016 settlement conference via videoconference (ECF No. 118 ) is DENIED. Plaintiff and his counsel shall appear at the May 2, 2016 settlement conference before the undersigned in person. (Becknal, R)
April 6, 2016 Opinion or Order Filing 117 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/6/16 ORDERING that the parties' Request to modify the scheduling order is GRANTED; The Expert Discovery Cut-off is RE-SET for 6/13/16 and the deadline for hearing Dispositive Motions is RE-SET for 8/12/2016. (Mena-Sanchez, L)
March 31, 2016 Opinion or Order Filing 113 ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2016 GRANTING 109 Plaintiff's ex parte application to continue the 4/1/2016 settlement conference is GRANTED; the 4/1/2016 settlement conference is VACATED; Counsel for the parties sh all meet and confer to determine several mutually agreed upon dates in early May 2016 as proposed dates on which to hold the continued settlement conference; by no later than 4/8/2016, counsel for the parties shall contact the undersigned's cour troom deputy with their agreed upon proposed dates and a final date for the continued settlement conference will be set via minute order at that time; the parties may file a request for plaintiff's appearance at the settlement conference via video conference.(Reader, L)
March 30, 2016 Opinion or Order Filing 108 ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/2016 DENYING plaintiff's 107 Motion to Excuse Personal Appearance at Settlement Conference. Plaintiff may still request brief continuance of 4/1/2016 Settlement Conference provided req uest includes medical documentation evidencing whether plaintiff will likely be able to stabilize his mental condition such that he could engage in in-person settlement negotiations at a later time. And if so, how long plaintiff will likely need to reach a sufficiently stabilized mental state. (Marciel, M)
January 14, 2016 Opinion or Order Filing 100 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/16 ORDERING that Plaintiff's MOTION for SANCTIONS 93 is DENIED, and the hearing set for 1/20/16, is VACATED. (Mena-Sanchez, L)
January 13, 2016 Opinion or Order Filing 98 ORDER granting 89 Motion for Discovery signed by Magistrate Judge Carolyn K. Delaney on 1/13/16. (Kaminski, H)
December 30, 2015 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/30/15 GRANTING 87 Application to modify this Courts December 10, 2015 Order is granted. The Order is hereby modified to permit Plaintiff to appear for his further deposition in Ventura County. The parties shall arrange for the availability of videoconferencing, should Court supervision be required. (Dillon, M)
December 10, 2015 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/10/15 ORDERING that Plaintiff's 73 motion to terminate or limit plaintiff's deposition and defendant's 74 countermotion to compel plaintiff's further deposition ar e granted in part and denied in part. The motion to compel production of documents 74 is denied. The court finds an award of expenses is not warranted considering all of the circumstances reflected in the record before it on these motions. (Kastilahn, A)
November 12, 2015 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/12/2015 GRANTING-IN-PART 64 Motion to Compel. Defendant Beard shall submit to deposition no later than 12/1/2015. In the circumstances presented here, the court finds an award of expenses incurred in connection with the motion to compel is not warranted. (Donati, J)
November 5, 2015 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/4/15: The hearing date of November 25, 2015 on plaintiff's motion to compel is vacated. The parties shall submit no later than November 10, 2015, a joint letter brief, limited to five pages, regarding the issues raised in the motion to compel. The matter shall thereafter stand submitted. (Kaminski, H)
October 19, 2015 Opinion or Order Filing 61 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/19/15 ORDERING that the MOTION for PROTECTIVE ORDER 51 is DENIED. Defendant Beard shall submit to a deposition no later than 10/20/15, absent stipulation of the parties to a later date. The court declines to limit the scope or duration of the deposition but reminds the parties that the court is available by telephone to resolve disputes arising during the deposition.(Mena-Sanchez, L)
September 16, 2015 Opinion or Order Filing 55 STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/15/2015 GRANTING the stipulated request for a 7-day continuance of the motion hearing on 51 Motion for Protective Order; CONTINUING the motion hearing on 51 Motion for Protective Order to 10/7/2015 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Michel, G.)
June 2, 2015 Opinion or Order Filing 45 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/2/15 re: 44 Stipulation and Proposed Order. (Meuleman, A)
November 12, 2014 Opinion or Order Filing 24 ORDER signed by Judge Kimberly J. Mueller on 11/12/2014. Defendants' 15 Motion to Dismiss is GRANTED without leave to amend as to: a) plaintiffs claims against Beard, Stainer and Davey in their official capacities under Section 1983; and plaint iffs claims of violations of procedural due process. Defendants 15 Motion to Dismiss is GRANTED with leave to amend as to plaintiff's claims against defendant Silva; and plaintiff's claims of negligence/medical malpractice against Dr. Wagner. Defendant's Motion is DENIED in all other respects. Plaintiff has 21 days from date of Order to file an Amended Complaint. (Marciel, M)
June 3, 2014 Opinion or Order Filing 11 ORDER signed by Judge Lawrence K. Karlton on 6/2/2014 DECLINING to relate and reassign this case to 2:90-cv-00520 LKK DAD (PC); CONFIRMING the Initial Scheduling Conference set for 8/4/2014. (Michel, G)
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Plaintiff: Jermaine Padilla
Represented By: Lori Rifkin
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Defendant: Jeffrey Beard
Represented By: Diana Esquivel
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Defendant: Michael Stainer
Represented By: Diana Esquivel
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Defendant: Connie Gipson
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Defendant: Dave Davies
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Defendant: Ernest Wagner
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Defendant: M. Godina
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Defendant: R. Pruneda
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Defendant: R. Martinez
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Defendant: J. Acevedo
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Defendant: C. Garcia
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Defendant: E. Silva
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