Kinkeade v. Beard et al
Plaintiff: Carlos Kinkeade
Defendant: Jeffery Beard, A. Oddie and D. Claudel
Case Number: 2:2015cv01375
Filed: June 29, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
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
August 5, 2019 Opinion or Order Filing 137 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/05/19 RECOMMENDING that defendant's motion for summary judgment 130 be granted; and the Clerk of Court be directed to close this case. Motion for Summary Judgment 130 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
January 31, 2019 Opinion or Order Filing 135 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/31/19 ORDERING the court GRANTS plaintiff's request to seal documents. The documents made part of the request are sealed in their entirety. The documents may be referred to in unsealed Court filings by referring to Sealed Documents and the page number. (Plummer, M)
September 12, 2018 Opinion or Order Filing 128 ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/12/2018 ORDERING the parties to file any dispositive motions on or before 12/14/2018. (Yin, K)
September 11, 2018 Opinion or Order Filing 127 ORDER signed by District Judge Troy L. Nunley on 9/10/2018 ADOPTING in FULL 125 Findings and Recommendations. GRANTING 124 Amended Motion for Substitution. The Clerk of Court is directed to substitute Julia Bogle, Administrator of the Estate of C arlos Kinkeade, as Plaintiff in this action. Defendant D. Amparano is DISMISSED without prejudice based on Plaintiffs failure to timely serve the summons. The matter is referred back to the magistrate judge to reset the dispositive motions deadline governing this case. (Washington, S)
June 11, 2018 Opinion or Order Filing 125 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/11/2018 RECOMMENDING that 124 Amended Motion for Substitution be granted, that the clerk substitute Julia Bogle as plaintiff in this action, that Defendant D. Amparano be dismissed and that the dispositive motions deadline be reset. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Donati, J)
September 20, 2017 Opinion or Order Filing 110 ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/19/17 ORDERING within 21 days from the date of this order, the parties are ordered to file a notice indicating their views on scheduling this case for a settlement conference. Plaintiff' s motion to compel 81 is granted subject to the conditions stated in the protective order herein. Plaintiff's motion for costs associated with the motion to compel 85 is denied. Defendant is ordered to produce the Personnel File Record/Int ernal Memorandum identified in the privilege log submitted in camera on September 8, 2017, within 7 days of this order. Defendant's motion for monetary sanctions 84 is denied. The 10/11/17 hearing on plaintiff's motions for an extension of time to serve a summons and complete discovery are vacated. Plaintiff's motion for an extension of time to complete discovery 75 is denied. Plaintiff's motion for an extension of time to serve a summons 76 is denied. (Plummer, M)
August 23, 2017 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/22/17 ordering that plaintiff's request 98 is granted in part and denied in part as described herein. (Plummer, M)
August 17, 2017 Opinion or Order Filing 97 ORDER signed by District Judge Troy L. Nunley on 8/16/17 ORDERING that Plaintiff's Reconsideration by the District Court of Magistrate Judge's Ruling 83 is DENIED. (Mena-Sanchez, L)
August 16, 2017 Opinion or Order Filing 96 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/16/2017 GRANTING 95 Motion for Extension of Time. Hearing date for 84 Motion for Sanctions and 81 Motion to Compel are continued to 9/6/2017. Plaintiff's opposition due 7 days prior to the continued hearing date. Defendant's reply, if any, due 2 days prior to the continued hearing date. (Henshaw, R)
July 20, 2017 Opinion or Order Filing 82 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/20/2017. If the parties wish to file materials under seal, they must comply with LR 141 and 141.1. (Henshaw, R)
July 14, 2017 Opinion or Order Filing 78 ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/14/17 ordering that the discovery motion filing deadline currently set for 7/17/17 is extended to 7/21/17. (Plummer, M)
July 7, 2017 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/7/2017 DENYING 57 Motion for Reconsideration; DENYING as moot 69 Request for Issuance of Summons directed to V. Caudill; and DENYING without prejudice 70 Amended Request for Issuance of Summons directed to V. Amparano. Plaintiff may file a formal motion for extension of time for service pursuant to Rule 4(m) of the Federal Rules of Civil Procedure before the close of the discovery period on 7/17/2017. (Henshaw, R)
June 29, 2017 Opinion or Order Filing 72 ORDER signed by District Judge Troy L. Nunley on 6/29/2017 OVERRULING 66 Objections to 65 Order. (Michel, G.)
June 6, 2017 Opinion or Order Filing 65 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/2017: Plaintiff's counsel's request to use a personal video camera during Defendant's deposition pursuant to Fed. R. Civ. P. 30(b)(3) is denied. (Owen, K)
April 10, 2017 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/10/17 granting in part and denying in part 42 Motion for order on miscellaneous relief. a. Granted as to Defendants Requests for Admission, Set One, Nos. 7, 8, 9, 12, and 13, such that the se Rule 36(a) admissions are withdrawn; and b. Otherwise denied. No later than fourteen days from the date of this order, plaintiff shall serve responses to Defendants Requests for Admission, Set One, Nos. 7, 8, 9, 12, and 13 on defendant. (Plummer, M)
February 23, 2017 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/23/2017 GRANTING defendant Oddie's 34 motion to deem requests admitted; and defendant's Requests for Admission to Plaintiff, Set One are deemed admitted under Rule 36 (a) of the Federal Rules of Procedure. (Yin, K)
December 22, 2016 Opinion or Order Filing 33 ORDER and JOINT SCHEDULING REPORT signed by Magistrate Judge Carolyn K. Delaney on 12/22/16. The Court enters the following order: Initial disclosures due January 4, 2017; Deadline for amendments to pleadings April 1, 2017;Nonexpert discovery cutoff date July 17, 2017; Discovery motion cut-off (filing) July 17, 2017; Expert Disclosure due August 7, 2017; Supplemental disclosure of rebuttal expert witnesses due August 21, 2017; Expert discovery cutoff date September 6, 2017; Dispositive motions (filing) due October 6, 2017.(Dillon, M)
December 1, 2016 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/01/16 ordering Plaintiffs request for substitution of attorney pursuant to L.R. 182(g) 27 is granted. Plaintiffs motion for modification 29 is granted. Counsel for the parties may meet and confer no later than December 14, 2016. Counsel for the parties shall file a jointly proposed discovery schedule no later than December 21, 2016. (Plummer, M)
November 15, 2016 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/15/16 granting 24 Motion to modify the discovery and scheduling order. Discovery in this action is stayed for a period of 14 days from the date of this order. The discovery and pretrial motion deadlines 20 are hereby vacated. (Plummer, M)
September 23, 2015 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Carlos Kinkeade signed by Magistrate Judge Carolyn K. Delaney on 09/23/15. CDC is to 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)
July 13, 2015 Opinion or Order Filing 4 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/13/15 ORDERING that Plaintiff's application to proceed in forma pauperis is dismissed without prejudice; The 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 30 days from the date of this order, a completed application to proceed in forma pauperis.(Dillon, M)
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Plaintiff: Carlos Kinkeade
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Defendant: Jeffery Beard
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Defendant: A. Oddie
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Defendant: D. Claudel
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