(PC) Gallardo v. Rainwater, et al.
| Juan Lewis Gallardo |
| D. Rainwater, D. Hougland, T. Pickens, B. Von Rader, C. Rios, Fallert and R. Barnes |
| 2:2014cv01339 |
| June 2, 2014 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Tulare |
| Carolyn K Delaney |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on May 26, 2016. A more recent docket listing may be available from PACER.
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| SERVICE BY MAIL: 60 Notice of Voluntary Dismissal served on Juan Lewis Gallardo. (Plummer, M) |
| Filing 60 NOTICE of VOLUNTARY DISMISSAL (TEXT ONLY) pursuant to stipulation of dismissal and FRCP 41(a). CASE CLOSED. (Plummer, M) |
| Filing 59 STIPULATION for Voluntary Dismissal with Prejudice by D. Rainwater. (Walters, John) |
| Filing 58 MINUTES (Text Only) for proceedings before Magistrate Judge Carolyn K. Delaney: SETTLEMENT CONFERENCE held on 4/15/2016. After negotiations, CASE SETTLED. Terms of the agreement stated on the record. All pending deadlines vacated. Dispositional documents to be filed within 30 days. Pro se plaintiff present. Defendants Counsel John Walters present. Court Reporter/CD Number: ECRO. (Owen, K) |
| Filing 57 NOTICE of Submission of Confidential Settlement Statement by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. (Walters, John) |
| Filing 56 NOTICE of Confidential Settlement Conference Statement by Juan Lewis Gallardo (Washington, S) |
| Filing 55 WAIVER OF DISQUALIFICATION by Juan Lewis Gallardo. (Mena-Sanchez, L) |
| Filing 54 NOTICE Waiver of Disqualification by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader re #51 Order,, Set/Reset Deadlines and Hearings,. (Walters, John) |
| Filing 53 CERTIFICATE of SERVICE by Juan Lewis Gallardo. (Mena-Sanchez, L) |
Filing 52
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 3/3/2016 ORDERING the custodian to produce Juan Lewis Gallardo #G-62069, to testify in USDC at 10:30 a.m. on 4/15/2016 in courtroom 24, before Magistrate Judge Carolyn K. Delaney; 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. (cc: OTCD-SAC)(Yin, K)
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Filing 51
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/3/2016 SETTING this case for a settlement conference on 4/15/2016 at 10:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Parties are required to file a signed Waiver of Disqualification no later than 3/18/2016. Each party shall provide a confidential settlement statement, in accordance with this order, no later than 4/8/2016 and file a Notice of Submission of Confidential Settlement. (cc: ADR) (Yin, K)
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| SERVICE BY MAIL: #51 Order Setting Settlement Conference #52 Order and Writ Issued served on Juan Lewis Gallardo. 3 Certified copies of #52 Order and Writ Issued served on the Warden of CSP-COR. (Yin, K) |
| Filing 50 PRETRIAL STATEMENT by Defendants D. Hougland, T. Pickens, D. Rainwater, B. Von Rader.(Walters, John) |
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Filing 47
ORDER for REFERRAL to Magistrate Judge Carolyn K. Delaney signed by District Judge Kimberly J. Mueller on 1/12/2016. Each of the parties has filed "Consent to Proceed Before a United States Magistrate Judge". This case is REASSIGNED to Honorable Carolyn K. Delaney. Parties shall note that all documents filed hereafter shall be case number 2:14-CV-1339 CKD P. All currently scheduled dates set before Judge Mueller are hereby VACATED. (Marciel, M)
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| SERVICE BY MAIL: #47 Order reassigning case to Magistrate Judge as presider served on plaintiff Juan Lewis Gallardo. (Marciel, M) |
| Filing 49 MOTION for COURT ORDER requiring witness presence at Court by plaintiff Juan Lewis Gallardo. (Marciel, M) |
| Filing 48 PRETRIAL STATEMENT by plaintiff Juan Lewis Gallardo. (Marciel, M) |
| Filing 46 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. (Walters, John) |
| Filing 45 CONSENT TO JURISDICTION OF US MAGISTRATE JUDGE by Juan Lewis Gallardo. (Jackson, T) |
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Filing 44
ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/14/15 ordering that the "objection to court's denial of motion to compel" submitted 12/03/15 is overruled. (Plummer, M)
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| SERVICE BY MAIL: #44 Order served on Juan Lewis Gallardo. (Plummer, M) |
| Filing 43 OBJECTIONS by plaintiff Juan Lewis Gallardo to Court's #40 Order denying Motion to Compel. (Marciel, M) |
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Filing 42
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT Consent or Decline due by 12/28/2015 signed by Magistrate Judge Carolyn K. Delaney on 11/24/15. (Plummer, M)
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Filing 41
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/24/15 ordering plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial within 30 days. Defendants shall file their pretrial statement within 21 days of service of plaintiff's. The clerk of the court is directed to send the parties the court's form titled "Consent to Proceed before a United States Magistrate Judge. If the parties wish to consent to a magistrate judge for all matters remaining in this action including trial, they should sign the consent form and return it to the court with their pretrial statement. (Plummer, M)
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| SERVICE BY MAIL: #42 Order Re Consent or Request for Reassignment, #41 Order,, served on Juan Lewis Gallardo. (Plummer, M) |
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Filing 40
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/9/15 DENYING #31 Motion to Compel. (Dillon, M)
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| SERVICE BY MAIL: #40 Order on Motion to Compel served on Juan Lewis Gallardo. (Dillon, M) |
| Filing 39 NOTICE Request to Terminate Michelle L. Angus From Service List by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. (Attachments: #1 Proof of Service Request to terminate Michelle Angus from service list)(Angus, Michelle) |
| Filing 38 OPPOSITION by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader to #31 MOTION to COMPEL Discovery. (Walters, John) |
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Filing 37
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/18/15 granting #35 Motion for Extension of time. Defendants' opposition shall be filed on or before 6/24/15. (Plummer, M)
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| SERVICE BY MAIL: #37 Order on Motion for Extension served on Juan Lewis Gallardo. (Plummer, M) |
| Filing 36 PROPOSED ORDER re Extension of Time to Oppose Plaintiff's Motion to Compel re #35 MOTION for 7-DAY EXTENSION OF TIME to Oppose Plaintniff's Motion to Compel by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. (Walters, John) |
| Filing 35 MOTION for 7-DAY EXTENSION OF TIME to Oppose Plaintniff's Motion to Compel by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. (Attachments: #1 Declaration of John P. Walters in support of Ex Parte Application)(Walters, John) |
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Filing 34
ORDER denying #33 Motion to Appoint Counsel signed by Magistrate Judge Carolyn K. Delaney on 06/12/15. (Plummer, M)
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| SERVICE BY MAIL: #34 Order on Motion to Appoint Counsel served on Juan Lewis Gallardo. (Plummer, M) |
| Filing 32 NOTICE of Change of lead Counsel for Defendants by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. Attorney Walters, John P. added. (Walters, John) |
| Filing 33 MOTION for APPOINTMENT of COUNSEL by plaintiff Juan Lewis Gallardo. (Marciel, M) |
| Filing 31 MOTION to COMPEL Discovery by Juan Lewis Gallardo. (Meuleman, A) |
| Filing 30 MOTION for EXTENSION OF TIME regarding discovery by Juan Lewis Gallardo. (Meuleman, A) Modified on 6/3/2015 (Plummer, M). |
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Filing 28
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/24/15 granting #27 Motion for Extension of time; Defendant Hougland, Pickens, Rainwater, and Von Rader are granted an extension of time of thirty days, to and including April 22, 2015, to complete and serve their responses to Plaintiffs requests for production of documents and responses to interrogatories. Any motion to compel concerning these requests for discovery shall be filed no later than June 1, 2015. (Dillon, M)
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| SERVICE BY MAIL: #28 Order on Motion for Extension, served on Juan Lewis Gallardo. (Dillon, M) |
| Filing 29 RESPONSE by Juan Lewis Gallardo to #24 Opposition to motion to compel. (Reader, L) |
| Filing 27 MOTION for 30-DAY EXTENSION OF TIME to Serve Discovery Responses; Declaration of Counsel by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. (Attachments: #1 Proposed Order, #2 Proof of Service)(Angus, Michelle) |
| Filing 26 COPY of a Request for Production of Documents by Juan Lewis Gallardo. (Mena-Sanchez, L) Modified on 3/20/2015 (Mena-Sanchez, L). |
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Filing 25
ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/12/15 denying #23 Motion for Extension of time. (Plummer, M)
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| SERVICE BY MAIL: #25 Order on Motion for Extension served on Juan Lewis Gallardo. (Plummer, M) |
| Filing 24 OPPOSITION to MOTION to COMPEL #22 by Defendants D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. (Attachments: #1 Declaration of Michelle L. Angus, #2 Proof of Service)(Angus, Michelle) Modified on 3/11/2015 (Plummer, M). |
| Filing 23 MOTION for EXTENSION OF TIME until June 1st to answer to interrogatories by Juan Lewis Gallardo. (Mena-Sanchez, L) |
| Filing 22 Copy of Request For Production of Documents by Juan Lewis Gallardo. (Kaminski, H) Modified on 2/18/2015 (Kaminski, H). |
| SERVICE BY MAIL: #21 Order Adopting Findings and Recommendations, Add and Terminate Parties, Findings and Recommendations (Order) served on Juan Lewis Gallardo. (Plummer, M) |
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Filing 21
ORDER signed by Judge Kimberly J. Mueller on 2/9/15 ADOPTING IN FULL #6 Findings and Recommendations. Defendants C. Rios, R. Barnes and Fallert terminated. (Meuleman, A)
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Filing 20
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/2/2015 DENYING plaintiff's #19 request for the appointment of counsel. (Yin, K)
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| SERVICE BY MAIL: #20 Order on Motion to Appoint Counsel served on Juan Lewis Gallardo. (Yin, K) |
| Filing 19 MOTION to APPOINT COUNSEL by Juan Lewis Gallardo. (Kastilahn, A) |
| Filing 18 RESPONSE by Juan Lewis Gallardo to #16 Answer to Prisoner Civil Rights Complaint. (Kastilahn, A) |
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Filing 17
DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/2015: Discovery due by 5/1/2015; Pretrial Motions, except motions to compel discovery, due on or before 7/24/2015; and pretrial conference and trial dates will be set as appropriate. (Yin, K)
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| SERVICE BY MAIL: #17 Discovery and Scheduling Order served on Juan Lewis Gallardo. (Yin, K) |
| Filing 16 ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by D. Hougland, T. Pickens, D. Rainwater, B. Von Rader. Attorney Angus, Michelle L. added. (Attachments: #1 Proof of Service)(Angus, Michelle) |
| Filing 15 WAIVER of SERVICE RETURNED EXECUTED: D. Rainwater Waiver sent on 11/7/2014. (Kastilahn, A) |
| Filing 14 WAIVER of SERVICE RETURNED EXECUTED: T. Pickens and B. Von Rader Waivers sent on 11/7/2014. (Zignago, K.) |
| Filing 13 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by D. Hougland. (Meuleman, A) |
| Filing 12 WAIVER of SERVICE RETURNED EXECUTED: D. Hougland Waiver sent on 11/21/2014. (Meuleman, A) |
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Filing 11
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT Consent or Decline due by 12/1/2014 (Dillon, M)
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Filing 10
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/29/14 DIRECTING USM to serve * complaint * filed on * 6/2/14,* on * D. Hougland, T. Pickens, D. Rainwater, B. Von Rader*, within 14 days. Clerk of the Court shall serve on plaintiff a copy of the Local Rules of Court.(Dillon, M)
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| SERVICE BY MAIL: #10 Order Directing Service by USM, Local Rules served on Juan Lewis Gallardo. Service documents routed to USM. (Dillon, M) |
| Filing 9 NOTICE OF SUBMISSION OF DOCUMENTS: 4 Summons, 4 USM-285 Forms, and 5 copies of the #1 Prisoner Civil Rights Complaint by Juan Lewis Gallardo. (Michel, G) |
| Filing 8 DOCUMENT SERVED ELECTRONICALLY: pursuant to #7 Order Directing Prisoner Payment, a copy of IFP Application served on Director of CDCR. (Marciel, M) |
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Filing 7
ORDER DIRECTING MONTHLY PAYMENTS be made from prison account of inmate Juan Lewis Gallardo signed by Magistrate Judge Carolyn K. Delaney on 10/14/2014. Clerk directed to serve copy of Order on Financial Department and Director of CDCR (w/copy of IFP Affidavit). [cc: Court's Financial Services] (Marciel, M)
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Filing 6
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/14/2014. It is ORDERED that plaintiff's #2 Motion to Proceed In Forma Pauperis be GRANTED and that service is appropriate for defendants Rainwater, Houglan, Pickens, and Von Rader. Clerk shall send plaintiff 4 USM-285 forms, 1 summons, an instruction sheet, and a copy of 6/2/2014 #1 Complaint. Within 30 days from date of Order, plaintiff shall complete attached Notice of Submission of Documents and submit the transmitted documents to Court. It is RECOMMENDED that defendants Rios, Fallert, and Barnes be dismissed. These Findings and Recommendations are SUBMITTED to District Judge Kimberly J. Mueller. Within 14 days after being served with these F & Rs, plaintiff may file written Objectios with Court. (Marciel, M)
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| SERVICE BY MAIL: #6 Order granting IFP Motion with Findings and Recommendations (Motion) and #7 Order Directing Prisoner Payment served on Juan Lewis Gallardo together with following: Notice of Submission of Documents form, 1 Summons, 4 USM-285 forms, an instruction sheet, and a copy of 6/2/2014 #1 Complaint. (Marciel, M) |
| Filing 5 CLERK'S NOTICE (Text only); This CASE has been ASSIGNED to U.S. District Judge Kimberly J. Mueller and U.S. Magistrate Judge Carolyn K. Delaney. The New case is 2:14-cv-1339 KJM CKD (PC). (Mena-Sanchez, L) |
| SERVICE BY MAIL: 5 Clerk's Notice served on Juan Lewis Gallardo. (Mena-Sanchez, L) |
| Filing 4 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Juan Lewis Gallardo. (Mena-Sanchez, L) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 7/7/2014. (Attachments: #1 Order re Consent) (Michel, G) |
| SERVICE BY MAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Juan Lewis Gallardo. (Michel, G) |
| Filing 2 MOTION TO PROCEED IN FORMA PAUPERIS by Juan Lewis Gallardo. (Michel, G) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against all defendants by Juan Lewis Gallardo. (Michel, G) |
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