Yee v. Sacramento County, Jail et al
| Vincent Yee |
| Sacramento County Jail, Penny Fritzche and - Penny |
| 2:2014cv02955 |
| December 22, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| Kimberly J. Mueller |
| Other Civil Rights |
| 28 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
108
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/3/23 GRANTING summary judgment to the defendants. CASE CLOSED(Kastilahn, A)
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Filing
95
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/29/2021 APPOINTING Katherine L. Katcher as counsel for plaintiff in this case for the limited purpose of briefing and presenting oral arguments on the qualified immunity question and SET TING a Status Conference for 1/13/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller with a Joint Report due 7 days before the conference. Katherine L. Katcher's appointment will terminate upon the issuance of an order on summary judgment. Appointed counsel shall notify Sujean Park via email if shehas any questions related to the appointment. The Clerk of the Court is DIRECTED to serve a copy of this order upon Katherine L. Katcher. (Coll, A)
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Filing
94
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/8/21 REFERRING this matter to this District's Pro Bono Coordinator, Sujean Park, to identify pro bono counsel to represent Mr. Yee for the limited purpose of preparing briefing and presenting oral argument on this narrow summary judgment question. (Kastilahn, A)
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Filing
82
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/3/2021 APPOINTING Pro Bono Attorney Jason R. Crockford for Vincent Yee. This appointment is for the limited purpose of assisting plaintiff with preparing for and participating in a settlement conference. Jason R. Crockford's appointment will terminate fifteen days after completion of the settlement conference, or any continuation of the settlement conference. (cc: J.R. Crockford)(Reader, L)
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Filing
67
ORDER signed by Magistrate Judge Deborah Barnes on 7/15/2020 EXTENDING the deadline for the completion of discovery to 7/17/2020. (Kastilahn, A)
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Filing
65
ORDER signed by Magistrate Judge Deborah Barnes on 7/6/2020 DENYING 64 Motion to Compel without prejudice and the 7/10/2020 hearing is VACATED. (Mena-Sanchez, L)
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Filing
50
ORDER signed by Magistrate Judge Deborah Barnes on 9/25/19 SETTING a Status (Pretrial Scheduling) Conference for 11/15/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Plaintiff shall file and serve a status report on or before 11/1/2019, and defendant shall file and serve a status report on or before 11/8/2019. (Mena-Sanchez, L)
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Filing
46
ORDER signed by Magistrate Judge Deborah Barnes on 5/3/2019 GRANTING 45 Request for an Extension of Time to Complete Service. The Clerk is directed to issue process and to send plaintiff an instruction sheet for service of process, three USM-285 forms, a summons form, and an endorsed copy of plaintiff's 35 sixth amended complaint. Within thirty (30) days of this order plaintiff shall submit to the United States Marshal three properly completed USM-285 forms, three properly completed summons forms, and the number of copies of the endorsed sixth amended complaint and of this order required by the United States Marshal. Within ten (10) days after submitting the required materials to the United States Marshals Service, plaintiff shall file with this court a declaration stating the date on which plaintiff submitted the required documents to the United States Marshal. (cc: USM) (Zignago, K.)
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Filing
41
ORDER signed by District Judge Kimberly J. Mueller on 9/27/18 ADOPTING in full the findings and recommendations filed 6/11/18 (ECF No. 36 ); DIRECTING the Clerk to issue process, Plaintiff shall complete and submit service documents to the USM within 30 days and file a Statement with the court re the submission of documents within 10 days thereafter. DIRECTING the USM to serve process on defendants Kathleen Fritzche, Harold Penny, and Corey Johnson, without prepayment of costs; DISMISSI NG without leave to amend the sixth amended complaint's Monell claims against the City of Sacramento, the County of Sacramento, and the Sacramento County Jail; and REFERRING this case back to the assigned magistrate judge for all further pretrial proceedings. (Becknal, R)
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Filing
40
ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Deborah Barnes on 8/2/2018 ORDERING Attorney Jesse M. Rivera for Sacramento County Jail, attorney Robert L. Chalfant terminated. (Reader, L)
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Filing
36
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/8/2018 RECOMMENDING that the Clerk be directed to issue process and plaintiff be ordered, within 30 days after any order adopting these findings and recommendations, to su bmit service documents to USM. The sixth amended complaint's Monell claims against the City of Sacramento, the County of Sacramento, and the Sacramento County Jail be dismissed without leave to amend and those defendants be dismissed from this action. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
33
ORDER signed by Magistrate Judge Deborah Barnes on 10/30/2017 ORDERING Plaintiff may proceed now to serve defendants Kathleen Fritzche, Harold Penny, and Corey Johnson, as set forth below, and pursue the fifth amended complaint's claims against only those defendants. ALTERNATIVELY, plaintiff may forgo serving defendants and attempt to further amend the fifth amended complaint. If plaintiff elects to further amend the fifth amended complaint to address the issued noted above, plaintiff has t wenty-eight days so to do. Plaintiff is not obligated to amend the fifth amended complaint. If plaintiff elects to proceed against defendants then within twenty-eight days, plaintiff must return the materials for service of process that are enclosed with this order, as described below. Service is appropriate for the following defendants: Kathleen Fritzche, Harold Penny, and Corey Johnson and DIRECTING the clerk to issue process. The United States Marshal is DIRECTED to serve all process without prepayment of costs not later than 90 days from the date of this order. The Clerk of the Court shall send plaintiff, for each defendant: one USM-285, one summons, a copy of the fifth amended complaint, and an appropriate form for consent to trial by a magistrate judge. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. In the event the U.S. Marshal is unable, for any reason whatsoever, to effect service on the United States of America within 90 days from the date of this order, the Marshal is directed to report that fact, and the reasons for it, to the undersigned.(Washington, S) (cc: USM)
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Filing
31
ORDER signed by District Judge Kimberly J. Mueller on 9/12/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/19/17 28 are ADOPTED to the extent they conclude the fourth amended complaint states a claim against defendants Kathleen Fritzche, Harold Penny and Corey Johnson and fails to state a claim against City of Sacramento, the County of Sacramento and the Sacramento County Jail. Plaintiff may proceed to serve defendants Kathleen Fritzche, Harold Penny and Corey Johnson, following instructions numbered 1 to 8 in the magistrate Judge's Findings and Recommendations. See ECF No. 28 at 5, 18. Alternatively, Plaintiff may delay serving the individual defendants to attempt one last time to state a cognizable claim against the City, County and Jail. (Mena-Sanchez, L)
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Filing
28
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/16/17 ORDERING Plaintiff is granted leave to file a fourth amended complaint and the fourth amended complaint filed on 6/16/17 26 is deemed the operative pleading ; Defendant Sacramento County Jail's 3/31/17 motion to dismiss 18 is DENIED without prejudice as moot; The Clerk is directed to issue service process re defendants Kathleen Fritzche, Harold Penny, and Corey Johnson; Within 30 days plaintiff shall submit to the USM, service documents and 10 days after submitting the required materials to the USM, plaintiff shall file a declaration stating the date on which plaintiff submitted the required documents; and RECOMMENDING that the fourth amend ed complaint's claims against the City of Sacramento, the County of Sacramento, and the Sacramento County Jail be DISMISSED without leave to amend; Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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Filing
22
ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 5/10/2017 ORDERING that plaintiff SHOW CAUSE in writing within fourteen days of the date of this order as to why this case should not be dismissed for lack of prosecution. The hearing on defendant's 18 Motion to Dismiss is CONTINUED to 6/16/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 6/2/2017, plaintiff shall file a statement of opposition or non-opposition to defendant's motion to dismiss. (Zignago, K.)
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Filing
14
ORDER signed by Magistrate Judge Deborah Barnes on 11/29/16 ORDERING service is appropriate all defendants and DIRECTING the clerk to issue process. The Clerk of the Court shall send plaintiff 4 USM-285 form for each defendant, 1 summons, a copy of t he third amended complaint filed 7/1/16, an instruction sheet. Within thirty (30) days after this order is served, plaintiff shall submit to the United States Marshal four properly completed USM-285 forms, four properly completed summons forms, and t he number of copies of the endorsed third amended complaint and of this order required by the United States Marshal. Within ten (10) days after submitting the required materials to the United States Marshals Service, plaintiff shall file with this co urt a declaration stating the date on which plaintiff submitted the required documents to the United States Marshal. Within thirty (30) days after receiving the necessary materials from plaintiff, the United States Marshal is directed to serve process on defendants Kathleen Fritzche, Harold Penny, Corey Johnson and the Sacramento County Jail, without prepayment of costs.(Washington, S)
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Filing
8
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/7/16 ORDERING service is appropriate for the following defendants: Officer Harold Penny, Officer Corey Johnson and Officer Kathleen Fritzche. The Clerk of the Court shall send plaintiff 1 USM-2 85 form for each defendant, 1 summons, a copy of the second amended complaint filed 10/26/15, an instruction sheet, and an appropriate form for consent to trial by a magistrate judge. Plaintiff is directed to supply the U.S. Marshal, within 30 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. (Jackson, T)
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Filing
5
ORDER signed by Magistrate Judge Dale A. Drozd on 10/5/15 ORDERING that the amended complaint 4 is dismissed with leave to amend. Within 28 days from the date of this order, plaintiff shall file a second amended complaint. Failure to comply with this order in a timely manner may result in a recommendation that this action be dismissed. (Kastilahn, A)
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Filing
3
ORDER signed by Magistrate Judge Dale A. Drozd on 5/29/15 GRANTING 2 Motion to Proceed IFP; DISMISSING 1 Complaint with leave to amend. Within 28 days from the date of this order, an amended complaint shall be filed that cures the defects noted in this order and complies with the FRCP and the Local Rules of Practice. The amended complaint must bear the case number assigned to this action and must be titled "Amended Complaint." Failure to comply with this order in a timely manner may result in a recommendation that this action be dismissed. (Meuleman, A)
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