Witkin v. Lotersztain et al
| Michael Witkin |
| Mariana Lotersztain, Ashley Pfile and Martin Kuersten |
| 2:2015cv00638 |
| March 20, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| 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
92
ORDER signed by District Judge Morrison C. England, Jr on 5/15/2018 ADOPTING 83 Findings and Recommendations in full and GRANTING 30 and 63 Motion for Summary Judgment. The court DECLINES to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) as to plaintiffs state law claims and DENIES 72 request for sua sponte summary judgment in his favor. (Hunt, G)
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Filing
83
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/23/18 ORDERING Plaintiffs motion for order requiring disclosure 68 is denied. Plaintiffs motion for sanctions 76 is denied. Plaintiffs motion to strike 52 is denied. Defendants motion to strike plaintiffs Exhibits A, B, C and D to his opposition 77 -1) is granted. Plaintiffs Exhibits A, B, C and D to his opposition 72 at 78-120) are stricken. Plaintiffs motion to file a sur-reply 80 -1) is denied. Also, RECOMMENDING that Defendants motion for summary judgment 30 , 63 be granted. The court decline to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) as to plaintiffs state law claims. Plaintiffs request for sua sponte summary judgment in his favor 72 be denied. Motions 30 , 63 , 72 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
74
ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/2017 GRANTING 70 Motion for Reconsideration, upon reconsideration affirming 66 Order; GRANTING 73 Motion for Extension of Time; and ORDERING Defendants to file their reply to Plaintiff's opposition to 30 Motion for Summary Judgment on or before 7/10/2017 and, with such reply, respond to Plaintiff's 5/18/2017 68 Motion. (Henshaw, R)
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Filing
62
ORDER signed by District Judge Morrison C. England, Jr. on 3/22/2017 ORDERING that the 46 findings and recommendations are ADOPTED IN FULL. Plaintiff's 34 motion to amend is DENIED. Plaintiff's 33 motion under Rule 56(d) is DENIED. (Zignago, K.)
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Filing
60
ORDER signed by Magistrate Judge Kendall J. Newman on 3/17/2017 DENYING as moot defendants' 59 motion for an extension of time; and DENYING plaintiff's 55 motion for reconsideration by the undersigned. (Yin, K)
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Filing
53
ORDER signed by Magistrate Judge Kendall J. Newman on 2/6/17 DENYING without prejudice 30 Motion for Summary Judgment; Defendants may re-file or re-notice their motion for summary judgment within 14 days from Dr. Barnett's deposition, which shall be briefed pursuant to Local Rule 230(l).(Dillon, M)
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Filing
46
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/22/16 ordering plaintiff's motion for leave to file a surreply 43 is granted. Defendants' declaration in lieu of reply 42 is stricken. the parti es are directed to meet and confer, either by phone or in person, concerning the costs associated with Dr. Barnett's deposition, on or before 1/17/17, as set forth above. On or before 1/23/17, the parties shall file a joint status report, as se t forth above. Plaintiff is relieved of his obligation to file an opposition to the pending motion for summary judgment until further order of the court. Also, RECOMMENDING that plaintiff's motion to amend 34 be denied. Plaintiff's motion under Rule 56(d) 33 be denied. Motions 33 and 34 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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Filing
27
ORDER signed by Magistrate Judge Kendall J. Newman on 03/23/16 denying 24 Motion to modify the discovery and scheduling order and denying 26 Motion to Appoint an expert witness. (Plummer, M)
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Filing
19
ORDER signed by Chief Judge Morrison C. England, Jr. on 11/10/2015 FINDINGS AND RECOMMENDATIONS 18 are ADOPTED in FULL; Plaintiff's request for preliminary injunctive relief 1 is DENIED. (Reader, L)
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Filing
18
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/22/15 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and it is RECOMMENDED that plaintiff's request for preliminary injunctive relief (ECF No. 1 ) be denied. Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Witkin signed by Magistrate Judge Kendall J. Newman on 6/1/2015. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to t he 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 Kendall J. Newman on 3/27/15 ORDERING that Plaintiff shall submit, within thirty days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided b y the Clerk of Court; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within thirty days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)
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