Spears et al v. El Dorado County Sheriff's Department et al
Plaintiff: Brian Spears, Bruce Benton, Richard Anderson and Timothy Suddeth
Defendant: El Dorado County Sheriff's Department, El Dorado County Correctional Facility and El Dorado County
Case Number: 2:2015cv00165
Filed: January 20, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Placer
Presiding Judge: Allison Claire
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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
November 18, 2022 Opinion or Order Filing 93 ORDER signed by Magistrate Judge Allison Claire on 11/17/22 DIRECTING Defendant to file Response to 90 Motion to Compel within 30 days. (Woodworth, M.)
November 17, 2022 Opinion or Order Filing 92 ORDER signed by Senior Judge Morrison C. England, Jr on 11/16/22 ADOPTING 87 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 54 Motion to Dismiss. (Kaminski, H)
October 12, 2022 Opinion or Order Filing 87 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/11/2022 RECOMMENDING El Dorado County's 54 motion to dismiss be granted in part and denied in part as follows: 1. Denied as to Claim Four; 2. Granted as to Claim Eleven; and 3. Granted as to injunctive relief. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
August 19, 2022 Opinion or Order Filing 85 ORDER signed by Magistrate Judge Allison Claire on 08/19/22 ORDERING Jeffrey Wilson is substituted in as attorney of record for defendant Susanna Kurk in place of Jennifer E. Paez.(Plummer, M)
August 10, 2022 Opinion or Order Filing 82 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 0810/22 ORDERING that within seven days from the date of this order, attorney Jennifer Elgie Paez is ORDERED TO SHOW CAUSE in writing why she should not be financially sanctioned for f ailure to obey a court order. The filing ofsubstitution of attorney within the prescribed time will serve to discharge this order to show cause. The Clerk of Court is directed to serve a copy of this order on: Jennifer E. Paez, Gordon Rees Scully Mansukhani, LLP, 3 Parkcenter Dr., Suite 200, Sacramento, CA 95825.(Plummer, M)
May 10, 2022 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Allison Claire on 5/10/2022 GRANTING plaintiff's 74 motion to modify the discovery and scheduling order. The parties may conduct discovery until 8/19/2022. All pretrial motions, except motions to compel discovery, shall be filed on or before 11/14/2022. All other directives in the court's 70 discovery and scheduling order issued 12/3/2021 are to remain in full force and effect. (Yin, K)
December 3, 2021 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Allison Claire on 12/2/2021 ORDERING Clerk to seal 69 Summons Returned Unexecuted and ORDERING within 14 days of the date of this order, plaintiff to inform the court whether he wishes: a)to keep Carol Armstrong as a named defendant in this action until the end of discovery phase, or b) to voluntarily dismiss defendant Armstrong. (Henshaw, R)
October 15, 2021 Opinion or Order Filing 61 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 10/14/2021 ORDERING, within 30 days, plaintiff shall show cause why defendant El Dorado County's motion to dismiss should not be granted. (Yin, K)
October 13, 2021 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Allison Claire on 10/13/2021 ORDERING, within 14 days, defendant El Dorado County shall provide under seal the last known address of its former employee, defendant Armstrong, a correctional sergeant at the El Dorado County Jail during the relevant period in question, so that a reasonable attempt at service may be made ; and DENYING as moot plaintiff's 58 motion for a ninety-day extension of time to provide additional information about defendant Armstrong for purposes of service of process. (Yin, K)
July 20, 2021 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Allison Claire on 7/20/21 ORDERING the Clerk of the Court is directed to send to plaintiff one USM-285 forms, along withan instruction sheet and a copy of the second amended complaint filed May 3, 2019 to be completed and returned with the notice of submission of documents within 60 days.(Plummer, M)
June 16, 2021 Opinion or Order Filing 44 ORDER signed by Senior Judge Morrison C. England, Jr. on 6/15/2021 ADOPTING IN FULL 38 Findings and Recommendations. Plaintiff's Claims Three, Eight and Ten are DISMISSED without further leave to amend and this case shall proceed on Plaintiff's remaining claims. (Tupolo, A)
February 10, 2021 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Allison Claire on 2/09/21 ORDERING that the Clerk of Court shall update the case caption of the courts docket and replace defendant Jane Doe, EDCJ Dentist with defendant Susanna Kurk, EDCJ Dentist.(Plummer, M)
January 4, 2021 Opinion or Order Filing 38 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/04/21 ORDERING service is appropriate for defendants El Dorado County, Armstrong, Handy, Garcia and EDCJ Dentist Jane Doe. The clerk of court is directed to send plaintiff 1 summons, instruction sheet, 5 USM-285 forms and a copy of the second amended complaint to be completed and returned with the notice of submission of documents within 30 days. Also, RECOMMENDING that plaintiff's claims 3, 8 and 10 be dismissed without further leave to amend. Referred to Judge Morrison C. England Jr. Objections due within 30 days.(Plummer, M)
June 14, 2019 Opinion or Order Filing 34 ORDER signed by District Judge Morrison C. England, Jr. on 6/13/2019 ADOPTED in FULL 28 Findings and Recommendations. Plaintiff's claims One, Two and Five, as set forth in the First Amended Complaint 16 , and Plaintiff's claims for injunctive relief against El Dorado County, are DISMISSED without leave to amend. (Reader, L)
March 5, 2019 Opinion or Order Filing 29 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Brian Spears signed by Magistrate Judge Allison Claire on 3/05/19. CDC shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc; CDC Director and Financial)(Plummer, M)
May 27, 2015 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Allison Claire on 5/26/2015 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the required $400.00 fees; and the Clerk shall send plaintiff a new ifp application.(Yin, K)
April 14, 2015 Opinion or Order Filing 14 RELATED CASE ORDER signed by Magistrate Judge Allison Claire on 4/13/15 ORDERING that the above-identified actions are related. The parties are informed that, although these cases are related under Local Rule 123, they are not consolidated. The Clerk of Court is directed to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Dillon, M)
April 9, 2015 Opinion or Order Filing 12 ORDER signed by Magistrate Judge Allison Claire on 4/8/2015 DENYING the 3 , 4 , 5 motions to proceed IFP, without prejudice; DENYING the 2 motion for appointment of counsel, without prejudice; the claims of plaintiffs Benton, Anderson an d Suddeth are SEVERED from the claims of plaintiff Spears; plaintiff Spears shall proceed as the sole plaintiff in the instant case, and each of the other plaintiffs shall proceed in their own individual cases, as designated by the Clerk of Court; the Clerk shall open 3 separate action as directed in this order for plaintiffs Benton, Anderson and Suddeth; each plaintiff's original complaint is DISMISSED with leave to file an amended complaint; and each plaintiff has 30 days to file an amended complaint and new ifp application. (Yin, K)
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Search for this case: Spears et al v. El Dorado County Sheriff's Department et al
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Plaintiff: Brian Spears
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Plaintiff: Bruce Benton
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Plaintiff: Richard Anderson
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Plaintiff: Timothy Suddeth
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Defendant: El Dorado County Sheriff's Department
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Defendant: El Dorado County Correctional Facility
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Defendant: El Dorado County
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