Anderson v. Virga et al
| Eric Zachary Anderson |
| Tim Virga, L. Eldridge, Meier, Whitted, Viasenior, Riley, F. Roe, M. Todd and D Roth |
| 2:2015cv01148 |
| May 28, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Kimberly J. Mueller |
| 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
154
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/1/2022 GRANTING 153 Request to Seal 151 Objections to Findings and Recommendations. (Reader, L)
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Filing
152
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 150 Findings and Recommendations in full and DENYING 149 Motion for Preliminary Injunction. The Clerk of the Court is directed send a courtesy copy of 151 Objections to Carmen E. Bremer. (Huang, H)
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Filing
150
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/18/21 RECOMMENDING that plaintiff's motion for preliminary injunction 149 be denied. Motion 149 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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Filing
147
ORDER signed by Magistrate Judge Kendall J. Newman on 3/1/2021 ORDERING defense counsel to inform the court of the status of the payment of the settlement money within 14 days of the date of this order. (Henshaw, R)
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Filing
145
ORDER signed by Chief District Judge Kimberly J. Mueller on 12/28/2020 DISMISSING CASE 144 in its entirety, with prejudice, pursuant to FRCP 41(a)(1)(A)(ii), each side to bear its own costs and attorneys fees.(Reader, L)
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Filing
136
ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Chief District Judge Kimberly J. Mueller on 7/2/2020 ORDERING Warden, CMF, 1600 California Dr., California 95696 to produce Eric Zachary Anderson, CDCR # G-31197 to testify before Judge Newman at the time and place above, by video conference, until completion of the settlement conference or as ordered by the court. (cc: IT Dept.)(Mena-Sanchez, L)
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Filing
135
ORDER SETTING SETTLEMENT CONFERENCE signed by Chief District Judge Kimberly J. Mueller on 6/24/2020. A Settlement Conference is SET for 8/13/2020 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The settlement conference will be conducted by remote means, to be determined at a later date and time. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at California Medical Facility, via facsimile at (707) 469-6006. (Mena-Sanchez, L)
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Filing
134
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/23/2020 GRANTING 131 Motion to Continue Trial and Trial Confirmation Hearing Dates; VACATING trial confirmation hearing set on 2/7/2020 and jury trial set on 3/20/2020; WITHDRAWING 130 Ord er and Writ of Habeas Corpus Ad Testificandum; SETTING a trial confirmation hearing before the district judge on 9/4/2020 at 10:00 a.m. in Courtroom No. 3 and a jury trial to begin on 10/26/2020 at 1:30 p.m. in Courtroom No. 3 before United States District Judge Kimberly J. Mueller. (cc: OTCD) (Henshaw, R)
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Filing
130
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 12/27/2019 ORDERING the Custodian to produce Eric Zachary Anderson at 10:00 a.m. on 2/7/2020 in Courtroom 3. 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
117
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/31/2019 GRANTING 116 Motion for Extension of Time. Defendant granted 30 days from the date of this order is served to file pretrial statement. (Henshaw, R)
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Filing
112
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/28/2019 DENYING 111 Request for the Appointment of Counsel and GRANTING 110 Motion for 60-Day Extension of Time to file pretrial statement. (Henshaw, R)
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Filing
107
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/03/19 ORDERING within thirty days of the date of this order, plaintiff shall file and serve a pretrial statement and any affidavits necessary to obtain the attendance of witnesses at trial. Def endants shall file a pretrial statement not later than thirty days after the filing of plaintiffs statement. The pretrial conference will be conducted on the file only, without appearance by either party. The date for jury trial before a district judge will be set in the pretrial order. (Plummer, M)
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Filing
103
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 3/6/2019 ORDERING the custodian to produce Eric Zachary Anderson #G-31197, to testify in USDC at 9:30 a.m. on 4/2/2019 in courtroom 24, before Ma gistrate 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: CKD, OTCD-SAC) (Yin, K)
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Filing
102
ORDER signed by District Judge Kimberly J. Mueller on 2/22/19 ADOPTING 96 FINDINGS AND RECOMMENDATIONS in full; DENYING 80 Motion for Summary Judgment; REFERRING this matter back to the assigned Magistrate judge for all further pretrial proceedings. (Mena-Sanchez, L)
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Filing
101
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/06/19 ORDERING ( Settlement Conference set for 4/2/2019 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are directed to submit confidential settlement stat ements no later than March 26, 2019 to ckdorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than March 26, 2019. The envelope shall be marked CONFIDENTIAL SETTLEMENTSTATEMENT. Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (cc: CKD)(Plummer, M) Modified on 2/6/2019 (Plummer, M).
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Filing
99
ORDER signed by District Judge Kimberly J. Mueller on 10/29/18 DENYING Plaintiff's 92 Motion for Preliminary Injunction. (Kastilahn, A)
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Filing
96
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/11/18 RECOMMENDING that 80 Motion for Summary Judgment be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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Filing
93
ORDER signed by District Judge Kimberly J. Mueller on 9/28/2018 ORDERING the Clerk shall serve this order and plaintiff's 92 motion for preliminary injunction on Senior Supervising Deputy Attorney General Monica Anderson. Within five calendar days of this order, Ms. Anderson shall respond to the allegations in the request for a preliminary injunction and provide the court will all available documents regarding any pending classification or transfer decision. (cc: Monica Anderson) (Zignago, K.)
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Filing
90
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/24/18 GRANTING 88 Motion to modify the discovery and scheduling order. The parties may conduct discovery until 12/01/18. Dispositive motions shall be filed on or before 2/01/19. (Plummer, M)
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Filing
85
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/2018 GRANTING 84 Motion for Extension of Time. Plaintiff has 30 days from the date this order is served to file his opposition to 80 Motion for Summary Judgment. (Henshaw, R)
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Filing
76
ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS as modified signed by District Judge Kimberly J. Mueller on 03/30/18 DENYING Villasenor's 50 Motion to Dismiss. (Benson, A.)
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Filing
74
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/30/18 GRANTING 71 Motion for modificatio of the Discovery and Scheduling Order. The parties shall have until 4/16/18 to file any dispositive motion in this case. (Plummer, M)
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Filing
69
ORDER signed by Magistrate Judge Edmund F. Brennan on 12/18/2017 GRANTING 68 Request. Defendants Riley, F. Boe, and Meier shall have until 1/15/2018, to respond to Plaintiff's 1st Set of Requests for Document Production, 1st Set of Requests for Admissions, and 1st Set of Interrogatories; and Plaintiff may file any motion to compel based on these responses, if needed, no later than 30 days after receipt of the discovery responses. (York, M)
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Filing
64
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/201 GRANTING 62 Motion to Extend the Discovery Deadline. Defendants shall respond to these discovery requests within 30 days of the date this order is filed. Plaintiffs motion to compel based on those requests, if any, must be filed within 30 days of his receipt of defendants responses. (Hunt, G)
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Filing
61
ORDER granting 60 Motion to Modify the Discovery and Scheduling Order signed by Magistrate Judge Edmund F. Brennan on 8/30/17. (Kaminski, H)
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Filing
57
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/26/2017 DENYING plaintiff's 55 request for appointment of counsel. (Yin, K)
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Filing
52
ORDER signed by District Judge Kimberly J. Mueller on 6/12/2017 ADOPTING IN FULL 43 Findings and Recommendations, except as modified by this Order; GRANTING 35 Motion to Dismiss; DISMISSING, with leave to amend, the excessive force claim against raised against Defendant Villasenor in the 23 First Amended Complaint; FINDING as moot, the recommendation that the plaintiff be granted thirty days to amend his complaint against Defendant Villasenor; REFERRING this matter back to the magistrate judge for further proceedings. (Michel, G.)
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Filing
43
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/28/17 recommending that Villasenor's motion to dismiss 35 be granted. Plaintiff's excessive force claim against Villasenor be dismissed without prejudice. Pla intiff be granted 30 days from the date of any order aodpting this recommendation in which to file a second amended complaint to clarify the factual basis of his excessive force claim against Villasenor. MOTION to DISMISS 35 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
27
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/20/2016 ORDERING the CDCR and the Clerk shall abandon any efforts to collect the filing fee in this case. The Clerk shall serve a copy of this order on the Director of CDCR and deliver a copy of this order on the Clerk's financial division. (cc: CDCR, Financial)(Yin, K)
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Filing
19
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 1/27/16 ORDERING the Director Eric Zachary Anderson of the CDC to collect and forward payment from the trust account of and forward payment to the court until the balan ce is paid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)
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Filing
13
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/2/15 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the IFP application; the Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)
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