Spence v. Stambaugh et al
| Gerald Spence |
| Stambaugh, Southward and Voss |
| 2:2014cv01170 |
| May 13, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| William B. Shubb |
| 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
171
ORDER signed by Senior Judge William B. Shubb on 4/13/2021 ADOPTING 169 Findings and Recommendations in full; GRANTING 146 Motion for Summary Judgment; DENYING 154 Cross-Motion for Summary Judgment; and ENTERING Summary Judgment for the City defendants on Count Four. CASE CLOSED. (Coll, A)
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Filing
169
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/11/2021 DENYING 135 Motion to Strike; DENYING 164 Motion for Sanctions; and RECOMMENDING 146 Motion for Summary Judgment be granted, 154 Cross-Motion for Summary Judgment be denied, summary judgment be entered for the City Defendants on Count Four, and final judgment be entered accordingly. Referred to Judge William B. Shubb. Objections due within 30 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
159
ORDER signed by Magistrate Judge Allison Claire on 8/25/2020 ORDERING, within 14 days, defendant City shall file and serve a response to plaintiff's 154 cross-motion for summary judgment. (Yin, K)
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Filing
151
ORDER signed by Magistrate Judge Allison Claire on 06/10/2020 GRANTING 150 Motion for Extension of Time. Plaintiff shall file and serve his Response to Defendants' 5/28/2020 Summary Judgment Motion on or before 08/14/2020. Defendants' reply, if any, shall be filed within 14 days after plaintiff files and serves his Response. (Tupolo, A)
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Filing
149
ORDER signed by Magistrate Judge Allison Claire on 06/03/20 GRANTING 148 Motion to propound 2 sets of interrogatories and 1 set of admission requests on defendant Wong. Defendant Wong shall respond to this discovery within three weeks after servi ce of the requests. Two weeks after receiving Wongs responses, plaintiff may further propound on defendant Wong one additional set of admission requests and/or a request for production of documents OR plaintiff shall file and serve a statement informing the court that he seeks nofurther discovery from defendant Wong. If plaintiff serves further requests for admissions and/or production on defendant Wong, her responses are due within 14 days thereafter. (Plummer, M)
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Filing
138
ORDER signed by Magistrate Judge Allison Claire on 05/11/20 GRANTING IN PART AND DENYING IN PART 136 Motion for Discovery. Within 14 days after service of this order, plaintiff shall serve on defense counsel his two interrogatories for defendant W ong. Defendant Wong shall serve her responses to plaintiffs interrogatories within 21 days after they were served on defense counsel. Within 14 days after service of defendant Wongs responses, plaintiff shall serve any related requests for admissions and/or request for production of documents, OR plaintiff shall file and serve a statement informing the court that he seeks no further discovery from defendant Wong. If plaintiff serves requests for admissions and/or production on defendant Wong, her responses are due within 14 days thereafter. No extensions of time on these matters will be granted absent a showing of extraordinary cause.. (Plummer, M)
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Filing
134
ORDER signed by Magistrate Judge Allison Claire on 4/15/2020 GRANTING 131 Motion for Leave to Proceed on 132 Third Amended Complaint (TAC); ORDERING defendant LVN Leah Wong to file and serve a waiver of service of the TAC within 30 days after the filing date of this order; ORDERING Defendants to file and serve their answers to TAC within 30 days after the filing date of this order; ORDERING Plaintiff and counsel for all defendants to separately file and serve a statement re discovery, as detailed in this order, within 30 days after the filing date of this order; DENYING as MOOT 117 and 120 Motions; and DENYING 130 Motion to Strike Declaration of CC Johnson and for Sanctions.. (Henshaw, R)
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Filing
125
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 3/2/2020 ORDERING the Custodian to produce Gerald Spence via telephonic conferencing at 10:00 a.m. on 3/11/2020 before Magistrate Judge Allison Claire. 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. (cc: IT Dept) (Henshaw, R)
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Filing
118
ORDER signed by Magistrate Judge Allison Claire on 12/18/2019 REQUESTING the CA AG specially appear in this action to inquire into the matter detailed in this Order and, if possible, resolve it and to file and serve a responsive statement within 21 days after the filing date of this order. (cc: Tami Krenzin, Supervising Deputy Attorney General) (Henshaw, R)
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Filing
115
ORDER signed by Magistrate Judge Allison Claire on 10/28/19 GRANTING 114 Request, construed in pertinent part as a motion for duplicate discovery. Defense counsel shall, within fourteen (14) days after the filing date of this order: (a) provide plaintiff with a duplicate copy of his relevant booking video, and (b) file and serve a statement so informing the court. (Plummer, M)
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Filing
110
ORDER signed by Magistrate Judge Allison Claire on 8/28/2019 ORDERING, within 7 days, counsel for defendants shall file and serve a non-confidential written statement informing the court and plaintiff whether they continue to believe a settlement c onference would be helpful in this case. If defendants wish to proceed with a settlement conference, they shall identify their combined black-out dates for the next four months, thus indicating all dates when all defense counsel are available to participate in a conference. Should defendants wish to proceed with a settlement conference, the court will again endeavor to schedule a conference at which plaintiff can appear telephonically. (Yin, K)
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Filing
107
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 08/21/19 ORDERING the Custodian to produce Gerald Spence by telephonic conference on 8/28/19 at 1:30 p.m. in courtroom 27 before Magistrate Judge Deborah Barnes. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this writ on the Custodian. (cc: DB)(Plummer, M)
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Filing
102
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by signed by Magistrate Judge Deborah Barnes on 8/2/2019 ORDERING the custodian to produce Gerald Spence #AR-6600, to testify by telephone from his place of confinement on 8/14/2019, at 2:30 p.m. in courtroom 27, before Magistrate Deborah Barnes; 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 shall serve a copy of this order and writ on the NKSP Warden and the Litigation Coordinator. (cc: DB) (Yin, K)
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Filing
97
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 07/08/19 ORDERING the Custodian to produce Gerald Spence on 8/14/19 at 1:30 p.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this writ on the Custodian and Out-to-Court Desk. (cc: KJN and OTCD)(Plummer, M)
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Filing
93
ORDER signed by Magistrate Judge Allison Claire on 06/06/19 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The plaintiff shall file the attached notice re settlement conference within 30 days of this order. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. (cc: Christopher Becker, Attorney General) (Plummer, M)
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Filing
81
ORDER signed by Magistrate Judge Allison Claire on 04/19/19 denying 77 Motion to Compel discovery and denying 75 Motion to Stay. Defendants Southward, Stambaugh and Voss shall within 21 days after the filing date of this order, file their answers to the second amended complaint. (Plummer, M)
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Filing
79
ORDER ADOPTING 61 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 04/18/19 DISMISSING Claim One of the Second Amended Complaint, and putative defendants Sacramento County Sheriff Scott R. Jones, Nurse "L," N.J. #344, Pane #496, Cunningham #789, and Gallinano #267 without prejudice. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)
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Filing
73
ORDER signed by Magistrate Judge Allison Claire on 08/01/18 ORDERING attorney Carl L. Fessenden is substituted in as attorney of record in place of Robert L. Chalfant for defendant Lynnda Voss. (Plummer, M)
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Filing
61
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/10/18 GRANTING IN PART 46 plaintiff's motion for leave to proceed on his proposed second amended complaint. This action shall proceed on the Second Amended Complaint filed 11/15/17, see 47 , on plaintiff's excessive force claims (Claims 2 through 4) against defendants Southward, Stambaugh, Croley, Mrosinski, Ogle and Mundy, and on plaintiff's failure to intervene claims (Claims 5 and 6, in pa rt) against defendant Mencias and Voss respectively. Plaintiff's duplicative motion and proposed second amended complaint 58 , 59 shall be stricken by the Clerk of Court. Plaintiff's motion for extended time 51 is denied as moot. Pl aintiff's motion to compel discovery 50 is denied without prejudice. Plaintiff's motion to strike defendants' opposition to his discovery motion 56 is denied as moot. Service of process of the second amended complaint is appropri ate for newly named defendants Croley, Mrosinkski, Mundy, Ogle and Mencias, The clerk of the court shall send plaintiff 5 USM-285 forms, 1 summons, instruction sheet and a copy of the endorsed second amended complaint 47 to be completed and return ed with the notice of submission of documents within 30 days. The newly served defendants shall file and serve their responses to the second amended complaint within the time prescribed by FRCP 12; defendants Voss, Stambaugh, and Southward shall file and serve their responses to the second amended complaint within 14 days after the district judge adopts the undersigned's following findings and recommendations, cf. FRCP 15(a)(3) (response due 14 days after service of the amended pleading). The discovery and motion deadlines, see 37 are vacated until further order of this court; the current parties are free to continue conducting discovery pending issuance of a further order. Also, RECOMMENDING that Claim One of the Second Amended Co mplaint and putative defendants Sacramento County Sheriff Scott R. Jones, Nurse "L" N.J. #344, Pane #496, Cunningham #789, and Gallinano #267, be dismissed from this action without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
44
ORDER signed by Magistrate Judge Allison Claire on 10/5/2017 OVERRULING 42 Objections filed by Gerald Spence. (Hunt, G)
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Filing
39
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 8/31/2017 ORDERING the Custodian to produce Gerald Spence at 1:00 p.m. on 10/19/2017 in Courtroom #25 before Magistrate Judge Kendall J. Newman. 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: OTCD) (Henshaw, R)
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Filing
27
ORDER signed by Senior Judge William B. Shubb on 6/9/16 ORDERING that the findings and recommendations filed 5/18/16, are adopted in full; and Defendant Voss' motion to dismiss filed 1/21/16, ECF No. 21 , is denied without prejudice; th e Clerk is directed to send plaintiff, together with a copy of this order, three (3) USM-285 forms; and Plaintiff is directed to submit to the court, within sixty days of this order, a newly-completed USM-285 form for each defendant, or show good cause why he cannot provide such information; this case is referred back to the magistrate judge for further proceedings. (Becknal, R)
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Filing
25
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/17/16 ORDERING this court's order filed 1/12/16 20 is vacated; no defendant is required to reimburse the U.S. Marshal for the attempts of his staff to effec t personal service on any defendant. Also, RECOMMENDING that Defendant Voss' motion to dismiss filed 1/21/16 21 be denied without prejudice; and should the district judge adopt these findings and recommendations, it be further ordered that: T he clerk of court be directed to send plaintiff, together with a copy of the district judge's order, 3 USM-285 forms. Plaintiff be directed to submit to the court within 60 days after the filing date of the district judge's order, a newly- completed USM-285 form for each defendant, or show good cause why he cannot provide such information. This case be referred back to the undersigned magistrate judge for further proceedings. MOTION to DISMISS 21 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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Filing
20
ORDER signed by Magistrate Judge Allison Claire on 1/11/16 GRANTING 19 Request for reimbursement of costs associated with effecting personal service of process on defendants; Within 14 days after the filing date of this order, defendants s hall pay the United States Marshal the following sums, unless within that time a defendant files a written statement showing good cause for his or her failure to waive personal service (the court does not intend to extend this fourteen-day peri od): A. Defendant Southward shall pay the United States Marshal the sum of $33.07. B. Defendant Stambaugh shall pay the United States Marshal the sum of $33.07. C. Defendant Voss shall pay the United States Marshal the sum of $66.15. Clerk of the Court is directed to serve a copy of this order on the United States Marshal.(Dillon, M)
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Filing
9
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gerald Spence signed by Magistrate Judge Allison Claire on 9/30/2014. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
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Filing
4
ORDER signed by Magistrate Judge Allison Claire on 5/16/2014 ORDERING plaintiff to submit, within 30 days, a completed affidavit to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a certified trust account statement. (Yin, K)
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