Parks v. Rolfing et al
| Kenneth Wayne Parks |
| Jeffrey Rolfing, John Clark, Leslie Schmidt, Rafael Miranda, B Medina, Bonnie Lee, Dorothy Swingle, D. Garbutt, C. Barron, Redding Eye Clinic and Thomas Mahoney |
| 2:2015cv01505 |
| July 13, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| 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
176
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/27/2024 DISMISSING this action with prejudice pursuant to FRCP 41(a)(1)(A)(ii). The Court will retain jurisdiction to effectuate the settlement. (Yin, K)
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Filing
173
ORDER Requiring Parties to File Dispositional Documents signed by Magistrate Judge Stanley A. Boone on 2/12/2024. 15-day deadline. (Lawrence, A)
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Filing
170
ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/11/2024 SETTING a Settlement Conference via Zoom videoconference before Magistrate Judge Stanley A. Boone on 2/12/2024 at 10:00 AM. Settlement statements due by 2/5/2024. (cc: SAB) (Spichka, K.)
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Filing
167
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/15/2023 GRANTING the 164 Motion for Reconsideration, DISCHARGING the 163 Order to Show Cause and DIRECTING Plaintiff to file, within 30 days, an amended list of exhibits plaintiff expects to offer at the trial subjected to the conditions listed in this order. Defendant shall file his response to plaintiff's 166 Amended Pretrial Statement within 30 days of the filing of plaintiff's amended exhibit list. (Spichka, K.)
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Filing
163
ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 6/1/2023 STRIKING plaintiff's 162 amended pretrial statement and counsel for plaintiff shall show cause in writing within 14 days why sanctions in the amount of $250 s hould not be ordered for counsel's willful failure to comply with the court's 4/11/2023 order concerning the contents of plaintiff's amended pretrial statement. Counsel for plaintiff shall file a second amended pretrial statement whic h complies with the terms of the court's 4/11/2023 order within 30 days. Failure to comply with the court's 4/11/2023 order a second time will result in further monetary sanctions or possibly dismissal of this action. Defendant shall file his response to plaintiff's second amended pretrial statement within 30 days of filing of plaintiff's second amended pretrial statement. (Yin, K)
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Filing
161
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/11/2023 STRICKING plaintiff's 155 pretrial statement and GRANTING plaintiff 30 days to file an amended pretrial statement in accordance with this order. Defendant Miranda shall file an amended pretrial statement within 30 days of service of plaintiff's amended pretrial statement. (Yin, K)
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Filing
157
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/27/22, ( Video Settlement Conference set for 4/22/2022 at 10:00 AM in before Magistrate Judge Stanley A. Boone.) Parties shall provide confidential settlement statements to the following email address: saborders@caed.uscourts.gov. Settlement statements shall arrive no later than April 15, 2022. Parties shall also file a Notice of Submission of Confidential Settlement Statement (See Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked "Confidential" with the date and time of the settlement conference indicated prominently thereon. (cc: ADR and SAB)(Plummer, M)
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Filing
153
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/13/21 DISCHARGING the 05/11/21 Order to Show Cause. Plaintiff shall file his pretrial statement by July 1, 2021; and defendant Miranda shall file his pretrial statement by September 1, 2021.(Plummer, M)
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Filing
151
ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 05/11/21 ORDERING that plaintiff show cause within 14 days why sanctions should not issue.(Plummer, M)
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Filing
147
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/23/2021 ADOPTING 144 Findings and Recommendations in full; GRANTING IN PART AND DENYING IN PART 121 Motion for Summary Judgment; Granted with respect to Plaintiff's remaining c laims against defendant Dr. Rohlfing; DENIED with respect to Plaintiff's claim that defendant Miranda DENIED Plaintiff Ibuprofen on or about 4/8/2014; and GRANTED with respect to Plaintiff's other remaining claims against defendant Miranda. This matter is referred back to the assigned Magistrate Judge for all further pretrial proceedings. (Mena-Sanchez, L)
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Filing
144
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/21/20 RECOMMENDING that defendants' amended motion for summary judgement 121 be: Granted with respect to plaintiff's remaining claims against defendant Dr. R ohlfing; Denied with respect to plaintiff's claim that defendant Miranda denied plaintiff Ibuprofen on or about 4/08/14; and Granted with respect to plaintiff's other remaining claims against defendant Miranda. Motion for Summary Judgment 121 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
139
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/30/2020 and agreed between the parties CONTINUING the hearing on defendants' 121 motion for summary judgment to 2/19/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Yin, K)
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Filing
132
ORDER signed by District Judge Kimberly J. Mueller on 12/6/2019 GRANTING 114 Motion for Reconsideration of the Motion to Vacate the Referral. The referral to the magistrate judge is vacated. This case is reassigned to the District Judge Kimberly J. Mueller for dispositive purposes and the magistrate judge for pretrial nondispositive matters. The new case number is 2:15-cv-01505-KJM-CKD. (Henshaw, R)
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Filing
129
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/15/19 as to 121 Amended Motion for Summary Judgment ( Motion Hearing set for 1/22/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) (Plummer, M)
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Filing
120
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/11/19 ORDERING the Clerk of the Court is directed to re-assign District Judge Kimberly J. Mueller to this matter. Within 10 days of the filing of this order, defendants may respond to plaintiff's 117 motion for extension of time. (Plummer, M)
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Filing
115
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/12/2019 DENYING 112 and 113 Plaintiff's Motions and ORDERING Defendants may file a response to 114 Motion for Reconsideration within 14 days of the filing of this order. (Henshaw, R)
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Filing
111
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 8/19/2019 ORDERING the custodian to produce Kenneth Wayne Parks #P-06280, to testify in USDC at 1:00 p.m. on 9/27/2019 in courtroom 10, before M agistrate Judge Erica P. Grosjean; 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. (cc: EPG, ADR) (3 Certified copies of this order and writ served by mail on the RJDCF Warden, and 1 copy by fax on the Litigation Coordinator.) (Yin, K)
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Filing
103
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/10/2018 ORDERING the parties to confer and submit a joint status report and proposed scheduling order, as detailed in this Order, within 21 days of the filing of this Order. (Henshaw, R)
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Filing
102
ORDER signed by District Judge Kimberly J. Mueller on 10/03/18 ORDERING the Clerk of the Court reassign this case to the Honorable Carolyn K. Delaney. The parties shall please take note that all documents hereafter filed with the Clerk of the Court shall bear case No. 2:15-CV-1505 CKD. All currently scheduled dates presently set before Judge Mueller are hereby VACATED. (cc: KJM) (Plummer, M)
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Filing
88
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/09/18 ORDERING the deadlines set forth in paragraphs 4-7 of the 10/16/17 scheduling order 70 at 2 are VACATED. The parties stipulation to modify the schedul ing order 83 is DENIED as moot. Plaintiff's request to withdraw his consent to magistrate judge jurisdiction 85 , 86 is DENIED. Plaintiff's motion to amend the complaint 71 is GRANTED. The clerk of the court is directed to separat ely filed the proposed fourth amended complaint, currently attached as exhibits to the motion to amend 71 -1, 71 -2, 71 -3 and designate it the fourth amended complaint. The clerk of the court is directed to update the docket to correct the spell ing of defendant Rohlfing's name from Rolfing to Rohlfing. Within 21 days of service of this order, defendants Rohlfing, Miranda, Medina and Garbutt shall respond to the complaint as set forth above. Service is appropriate for defendant Schmid t. Within 14 days from the date of this order plaintiff's counsel shall complete the attached Notice of Submission of documents and submit it with a completed summons, 1 completed USM-285 form for defendant Schmidt, 1 copy of this order and 2 c opies of the endorsed fourth amended complaint. The clerk of the court is directed to re-assign District Judge Kimberly J. Mueller to this matter. Also, RECOMMENDING that the claims against defendant Lee be dismissed without leave to amend. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (copy of this order, summons, 1 USM-285 form and copy of the 4th amended complaint served on attorney for plaintiff by mail) (Plummer, M)
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Filing
84
ORDER signed by District Judge Kimberly J. Mueller on 4/19/18 ORDERING that the Clerk of the Court reassign this case to the Honorable Carolyn K. Delaney. The parties shall take note that all documents hereafter filed with the Clerk of the Court shall bear the case No. 2:15-cv-1505 CKD. All scheduled dates presently set before Judge Mueller are hereby VACATED. (cc: KJM)(Plummer, M) Modified on 4/24/2018 (Plummer, M).
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Filing
79
STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/02/18 ORDERING the court grants the stipulated extension of time. Plaintiff's reply shall be due on or before 3/15/18. (Plummer, M)
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Filing
76
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/13/2018 GRANTING 75 Stipulation for Extension of Time. Defendants' opposition to 71 Motion to Amend due on or before 2/23/2018. (Henshaw, R)
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Filing
67
ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/27/2017 GRANTING 66 Stipulated Extension of Time. Parties to submit by 10/2/2017, their joint proposed schedule or a joint status report. (Henshaw, R)
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Filing
62
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/08/17 ordering that, as set forth in this order, within 7 days of the filing of this order, the parties must submit either a proposed scheduling order or an amended joint status report that includes their proposed deadlines and respective positions. (Plummer, M)
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Filing
60
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/5/2017 ORDERING, within 30 days, the parties shall confer and submit a joint status report and proposed scheduling order in accordance with this order.(Yin, K)
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Filing
58
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/27/17 ordering that within 7 days of the date of this order, counsel for plaintiff must file a notice with the court advising whether an engagement letter has been satisfactorily executed. If an engagement letter has not been executed, counsel must also explain the cause for delay. (Plummer, M)
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Filing
53
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/19/2017 GRANTING 49 Motion to Appoint Counsel. Appointed Jeff Dominic Price for Kenneth Wayne Parks. (Henshaw, R)
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Filing
47
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/17: The parties shall, within 30 days from the date of this order, inform the court's Alternative Dispute Resolution (ADR) division, in writing, if they believe a settlement conference would be beneficial. (Kaminski, H)
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Filing
28
ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/25/2016 ORDERING plaintiff's claims against defendants Clark, Garbutt, Barron, Lee, and Mahoney are DISMISSED with leave to amend. If plaintiff elects to amend, any amended complaint m ust bear the docket number assigned this case and must be labeled "Amended Complaint", and shall be filed within 30 days. Upon the filing of an amended complaint or expiration of the time allowed therefor, the court will make further orders for service of process upon some or all of the defendants.(Yin, K)
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Filing
26
ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/08/16 denying 25 Motion to suspend case. No later than 30 days from the date of this order, plaintiff shall inform the court whether he wishes to proceed on the second amended complaint or voluntarily dismiss this action under Rule 41(a). (Plummer, M)
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Filing
18
ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/24/15 ordering the first amended complaint is dismissed for failure to state a claim. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)
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10
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/31/15 denying 6 Motion to Appoint Counsel. (Dillon, M)
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Filing
8
ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 7/29/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Kenneth Wayne Parks and forward payment to the court until the bal ance 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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