Hammler v. Haas, et al.
| Allen Hammler |
| Haas, Brown, Hudson and Warden |
| 2:2015cv02266 |
| November 2, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
188
MINUTES for proceedings held before District Judge Dale A. Drozd: JURY TRIAL held on 3/6/2023: Court in session. Court dealt with inmate transportation issues, and inmate witnesses reluctant to testify issues. Court addressed joint motions in limin e: For the reasons stated on the record, defendants' 177 joint motions in limine ("MIL") are granted in part and denied in part as follows: MIL No. 1 is granted without prejudice; MIL No. 2 is granted without prejudice; MIL No. 3 is granted; MIL No. 4 is granted without prejudice as to all pieces of evidence or testimony, except for inmate Johnson's expected testimony for which the motion is denied without prejudice to revisiting the issue in the event that inmate Johnson testifies; MIL No. 5 is granted without prejudice to revisiting the issue if this case reaches the second phase of trial regarding the amount of punitive damages; MIL No. 6 is granted without prejudice to revisiting the inmate declarations in the eve nt an inmate witness refuses to testify; and MIL No. 7 granted. Court addressed inmate witnesses who refused to testify. Prospective jurors sworn. Voir Dire. Peremptory Challenges. Jury sworn. Preliminary instructions given. Pltf opening statement. C ounsel for Dft Louie opening statement. Counsel for Dft Haas opening statement. Court admonished jury. Jury Trial Continued for 3/8/2023 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. Plaintiffs Counsel Allen Hammler present. Defendants Counsel Lynne Stocker, David Kuchinsky, Sarah Brattin present. Court Reporter/CD Number: Kimberly Bennett. (Buzo, P)
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Filing
175
ORDER signed by District Judge Dale A. Drozd on 2/21/2023 ADOPTING 172 The Findings and Recommendations in full; and Plaintiff's 158 Motion to delay his transfer to a different facility prior to the trial of this action DENIED. (Mena-Sanchez, L)
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Filing
172
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/31/2023 RECOMMENDING plaintiff's 158 motion to delay his transfer to a different institution until after trial be denied for lack of jurisdiction. Referred to Judge Dale A. Drozd; Objections to F&R due within 14 days. (Yin, K)
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Filing
171
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 1/19/2023 ORDERING the custodian to produce Allen Hammler F-73072, by Zoom video conference from his place of confinement, before Judge Dale A. Dro zd, on 2/21/2023 at 1:30 p.m.; 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 any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Pete Buzo. (cc: I.T. Dept.)(Yin, K)
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Filing
166
AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 1/17/2023 signed ORDERING the Custodian to produce Robert Santoro, CDCR # T-40346, on 3/6/2023 at 9:00 AM in Courtroom 4 before District Judge Dale A. Drozd. 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) (Huang, H)
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Filing
157
ORDER signed by Magistrate Judge Allison Claire on 12/21/2022 VACATING 142 , 143 , 144 , 147 , 148 and 149 Writs of Habeas Corpus Ad Testificandum, for inmates Robert Santoro (CDCR # T-40346), Dannell Richard (CDCR # K-00572), Kenneth Patterson (CDCR #AB-6602), Cedrick Johnson (CDCR # G-41474), Allen Hammler (CDCR # F-73072), and Larry Alford (CDCR # AU-8727). New appearance writs for plaintiff and all inmate witnesses will be reissued closer to the new 3/6/2023, trial date. (cc: OTCD)(Huang, H)
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Filing
152
ORDER signed by Magistrate Judge Allison Claire on 12/8/2022 VACATING 145 Writ of Habeas Corpus Ad Testificandum, for inmate Ramon Morales-Smith, CDCR #F-21867; VACATING 146 Writ of Habeas Corpus Ad Testificandum, for inmate Kenyon McClelland, CDCR #T-19229; and VACATING IN PART 140 Order solely to the extent that it requires plaintiff to inform the court whether inmate Easter Burnett, CDCR #V-35245, will be testifying at trial. (cc: OTCD)(Huang, H)
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Filing
149
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 12/5/2022 ORDERING the Custodian to produce Larry Alford, CDCR # AU-8727, on 1/9/2023 at 9:00 AM in Courtroom 4 before District Judge Dale A. Drozd. 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)(Huang, H)
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Filing
139
ORDER signed by Magistrate Judge Allison Claire on 11/30/2022 DENYING 133 Motion to Modify 133 Pretrial Order. (Coll, A)
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Filing
135
ORDER signed by Magistrate Judge Allison Claire on 11/09/22 GRANTING 127 Motion to modify the scheduling order to include inmate witness C.J. Johnson subject to the condition that Johnson comply with a notice of deposition to be issued by defemdants as soon as practicable. (Plummer, M)
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Filing
130
ORDER signed by Magistrate Judge Allison Claire on 10/17/2022 DENYING plaintiff's 124 motion to compel and plaintiff's 129 motion. Plaintiff's 127 motion is CONSTRUED as a motion to modify the scheduling order. Defendants shall file a response to this motion, and plaintiff may reply, pursuant to Local Rule 230(l). (Yin, K)
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Filing
121
ORDER signed by Magistrate Judge Allison Claire on 6/14/2022 DENYING 119 Motion to Schedule a Settlement Conference. (Huang, H)
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Filing
118
ORDER signed by Magistrate Judge Allison Claire on 4/22/2022 DENYING 116 Motion to attend the upcoming trial in person.(Perdue, C.)
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Filing
114
ORDER signed by Magistrate Judge Allison Claire on 08/17/21 DENYING 107 Motion for an order for transport to trial as premature. (Plummer, M)
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Filing
99
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 03/13/20 ORDERING the Custodian to produce Larry Alford on 4/20/20 at 8:30 a.m. in courtroom 6 before District Judge John A Mendez. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
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Filing
91
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 02/25/20 ORDERING the Custodian to produce Allen John Hammler on 4/20/20 at 8:30 a.m. in courtroom 6 before District Judge John A. Mendez. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
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Filing
90
ORDER signed by Magistrate Judge Allison Claire on 02/25/20 ORDERING defendants shall file and serve any further opposition to plaintiffs pending motions onor before Friday, March 6, 2020. Plaintiff shall file and serve (submit to prison officials f or mailing) his reply to Louies opposition on or before Friday, March 13, 2020. Plaintiff shall not respond to any other matters filed by defendants unless ordered by this court. The Clerk of Court is directed to send plaintiff, together with a copy of this order: (1) a copy of this courts Discovery and Scheduling Order filed August 11, 2017 33 , and (2) a copy of Louies opposition filed February 24, 2020 89 . A writ of habeas corpus ad testificandum shall issue contemporaneously with this order to provide for plaintiffs presence at trial.(Plummer, M)
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Filing
84
ORDER signed by Magistrate Judge Allison Claire on 05/28/19 DENYING 81 plaintiff's motion filed 5/13/19. (Plummer, M)
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Filing
83
ORDER signed by Magistrate Judge Allison Claire on 5/21/2019 INFORMING the parties a Jury Trial is set for 4/20/2020 at 08:30 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; and DENYING as moot plaintiff's 82 motion to expedite trial. (Yin, K)
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Filing
80
ORDER signed by District Judge John A. Mendez on 4/17/19 AFFIRMING the magistrate judge's Order 77 and DENYING 79 Motion for Reconsideration. (Kastilahn, A)
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Filing
77
ORDER signed by Magistrate Judge Allison Claire on 3/27/2019 GRANTING IN PART 76 Motion for Miscellaneous Relief. Plaintiff to file and serve his separate pretrial statement on or before 4/19/2019. (Henshaw, R)
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75
ORDER signed by Magistrate Judge Allison Claire on 03/21/19 DENYING 72 plaintiff's Motion. (Plummer, M)
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Filing
70
ORDER signed by Magistrate Judge Allison Claire on 2/22/2019 GRANTING 69 Request to File Separate Pretrial Statement; ORDERING Defendants to file and serve their pretrial statement on or before 3/8/2019; ORDERING Plaintiff to file and serve his pretrial statement on or before 3/29/2019; and ORDERING the parties to also identify any "black out" dates through 3/31/2020. (Henshaw, R)
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Filing
67
ORDER signed by Magistrate Judge Allison Claire on 01/22/19 ORDERING The parties shall cooperate in the preparation of a Joint Pretrial Statement that providesthe following information: a. The estimated length of trial, and any black out dates when either party or their counsel is unavailable through November 1, 2019; and b. Fully address, without providing any exhibits at this time, each of the matters set forth in Local Rule 281(b). Defense counsel shall file and serve the parties Joint Pretrial Statement within 45 days after the filing date of this order. (Plummer, M)
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Filing
66
ORDER signed by District Judge John A. Mendez on 1/15/19 ORDERING the findings and recommendations filed 12/14/18, are ADOPTED in full; Defendant Haas' motion for summary judgment, ECF No. 42 is DENIED; and this action proceeds to trial on plaintiff's Eighth Amendment failure-to-protect claims against both defendant Haas and defendant Louie. (Becknal, R)
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Filing
64
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/14/2018 RECOMMENDING defendant Haas' 42 motion for summary judgment be denied; and this action proceed to trial plaintiff's Eighth Amendment failure-to-protect claims against both defendant Haas and defendant Louie. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K) Modified on 12/14/2018 (Yin, K).
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Filing
63
ORDER signed by Magistrate Judge Allison Claire on 11/29/2018 DIRECTING counsel for defendant Haas to submit a courtesy hard copy of the transcript of plaintiff's entire deposition within 7 days after the filing date of this order. (Huang, H)
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Filing
60
ORDER signed by Magistrate Judge Allison Claire on 7/18/18 DENYING 58 Motion to file a sur-reply. Plaintiffs proposed surreply, 59 , will not be considered in assessing the merits of defendants pending motion for summaryjudgment. Plaintiff shall refrain from filing any further matters in this action until further notice of the court.. (Plummer, M)
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Filing
57
ORDER signed by Magistrate Judge Allison Claire on 7/10/2018 GRANTING 50 Motion for Leave to File a Surreply. Plaintiffs surreply 51 is admitted; the Clerk of Court shall designate this filing as Surreply Part 1 of 2. Plaintiffs motion for su mmary judgment 55 is construed as Part 2 of his surreply and, as such, is admitted; the Clerk of Court shall delete the designation Motion for Summary Judgment, and designate this filing as Surreply Part 2 of 2. Defendants oppositions 52 and [56 ] will also be considered when the court conducts a substantive review of defendants motion for summary judgment. The parties are directed to refrain from filing any additional material related to the motion for summary judgment, which is submitted for decision. (Henshaw, R)
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Filing
54
ORDER signed by District Judge John A. Mendez on 6/5/2018 ADOPTING 40 Findings and Recommendations in full. For the reasons set forth in the magistrate judge's 17 screening order, defendants Brown and Hudson, and the first and second causes of action of the operative 12 First Amended Complaint, are DISMISSED from this action without leave to amend. (Zignago, K.)
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Filing
40
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/28/18 ORDERING plaintiffs motion to expedite trial 38 is DENIED. The undersigned's dismissal of defendants Brown and Hudson, and plaintiffs claims premised on alleged racial discrimination, see 17 , is VACATED. The Clerk of Court is directed to randomly assign a district judge to this action. Also, RECOMMENDING that for the reasons set forth in the undersigned's March 8, 2017 screening order, s ee 17 at 3-7, 10, that: defendants Brown and Hudson be dismissed from this action without leave to amend; and The first and second causes of action of the operative First Amended Complaint, 12 , which challenge plaintiffs cell assignments based on alleged racial discrimination, be dismissed from this action without leave to amend. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 3/29/2018 (Plummer, M).
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Filing
32
ORDER signed by Magistrate Judge Allison Claire on 08/10/17 ordering that the order to show cause filed 07/31/17 28 is discharged. (Plummer, M)
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Filing
28
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 7/28/2017 ORDERING Mr. Andrada to file and serve, within 14 days after the filing date of this order, a responsive pleading on behalf of defendant Haas and a verified statement showing cause for counsel's delay and demonstrating why sanctions should not be imposed. (Henshaw, R)
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Filing
18
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Allen Hammler signed by Magistrate Judge Allison Claire on 03/08/17. 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)
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Filing
4
ORDER signed by Magistrate Judge Allison Claire on 11/10/15 ordering the clerk of the court shall provide plaintiff with another copy of the in forma pauperis application used by this court. Plaintiff shall within 30 days from the filing date of th is order, submit a fully completed in forma pauperis application that includes the completion of the certificate portion of the application authorized by an authorized prison official, and a copy of plaintiff's trust account statement for the 6 month period immediately preceding the filing of the complaint. (Plummer, M)
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