Hardney v. Warren et al
Plaintiff: John Hardney
Defendant: R. Warren, J. Ngo, A. Pogue, A. Hickman, E. Brazil, M. Winkfield, J. Kumeh, W. Almodovar, J. Hernandez, J. Lizarraga, J. Beard and E. Whitlock
Case Number: 2:2016cv00172
Filed: January 27, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Garland E. Burrell
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
September 23, 2020 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/2020 GRANTING 114 Motion to Compel as to interrogatory nos. 11 and 21 and denied in all other respects. Brazil to serve Plaintiff with a further response to interrogatory nos. 11 and 21 within 30 days from the date of service of this order. (Henshaw, R)
August 4, 2020 Opinion or Order Filing 112 ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/2020 GRANTING 108 Motion to Compel as to interrogatory no. 4 directed to defendant Kumeh and denied in all other respects. Kumeh to serve Plaintiff with a further response to interrogatory no. 4 within 30 days from the date of this order. (Henshaw, R)
July 20, 2020 Opinion or Order Filing 111 ORDER signed by Chief District Judge Kimberly J. Mueller on 7/17/2020 CONFIRMING 83 the order adopting in full the findings and recommendations and TERMINATING 102 Motion to Vacate. In response to defendants' response to plaintiff's Motion to Vacate 105 , at 1-2, the court CLARIFIES that plaintiff's 86 Motion for Reconsideration is no longer pending. The Clerk is to re-serve a copy of the findings and recommendations on plaintiff. (Kastilahn, A)
July 6, 2020 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Edmund F. Brennan on 07/06/20 GRANTING 100 Motion to Modify the Discovery and Scheduling Order. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 served on or before April 26, 2020, are deeme d timely served, nunc pro tunc. Defendants shall have thirty days from the date of this order to respond to any writtendiscovery served by plaintiff that is now deemed timely served; GRANTING 103 Motion for Extension of Time nunc pro tunc; GRANTIN G 104 Motion to modify the scheduling order. The discovery deadline is extended to September 19, 2020, for the limited purpose of allowing defendants to take plaintiffs deposition; and the dispositive motion deadline is extended to December 4, 2020. (Plummer, M)
January 15, 2020 Opinion or Order Filing 83 ORDER ADOPTING 82 Findings and Recommendations signed by Chief District Judge Kimberly J. Mueller on 01/14/20 GRANTING IN PART 75 Motion to Dismiss. The excessive force claims against defendants Pogue and Hickman and the failure to intervene cla im against defendant Almodovar are DISMISSED; the motion is DENIED in all other respects. Plaintiff's 78 Motion for injunctive relief is DENIED. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)
December 12, 2019 Opinion or Order Filing 82 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/12/19 RECOMMENDING that defendants' motion to dismiss 77 be granted in part. The excessive force claims against defendants Pogue and Hickman and the failure to in tervene claim against defendant Almodovar be dismissed for the reasons stated supra. The motion be denied in all other respects. Plaintiff's motion for injunctive relief 78 be denied. Motions 75 and 78 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
June 25, 2019 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Edmund F. Brennan on 06/24/19 GRANTING 71 Motion to lift the stay. Further, defendants are granted an extension of time, to and including August 19, 2019, within which to file a responsive pleading in this case. In the event defendants respond to the complaint with an answer, the court will promptly issue a discovery and scheduling order. The Clerk of the Court shall terminate ECF Nos. 71 and 72 . (Plummer, M)
March 20, 2019 Opinion or Order Filing 68 ORDER signed by District Judge Kimberly J. Mueller on 3/19/2019 ADOPTING 66 findings and recommendations in full. Plaintiff's 63 motion for temporary restraining order is DENIED. (Zignago, K.)
January 25, 2019 Opinion or Order Filing 66 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/24/19 RECOMMENDING that the 12/06/18 motion for a temporary restraining order 63 be denied. Motion for Temporary Restraining Order 63 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
July 31, 2018 Opinion or Order Filing 55 ORDER signed by District Judge Kimberly J. Mueller on 7/31/18, ORDERING that defendants have seven days to file a response to 50 Order, updating the court as to the status of plaintiff's criminal case. If no response is received, the stay will be automatically lifted. (Kastilahn, A)
June 26, 2018 Opinion or Order Filing 50 ORDER signed by District Judge Kimberly J. Mueller on 6/25/2018 ADOPTING 49 Findings and Recommendations in full and GRANTING 41 Motion to Stay. This case is STAYED pending the resolution of plaintiff's criminal case; and Defendants are DIRECTED to file a status report, within 90 days of this order, updating the court as to the status of plaintiff's criminal case. (York, M)
May 10, 2018 Opinion or Order Filing 49 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/10/2018 RECOMMENDING 41 Motion to Stay be granted, this case be stayed pending resolution of Plaintiff's criminal case, and Defendants be directed to file a status report, within 90 days of any order adopting this recommendation, updating the court as to the status of Plaintiff's criminal case. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
April 23, 2018 Opinion or Order Filing 48 ORDER signed by District Judge Garland E. Burrell, Jr on 04/23/18 ADOPTING 44 the FINDINGS and RECOMMENDATIONS. Plaintiff's 1/08/18 motion for a temporary restraining order 24 is DENIED. (Plummer, M)
March 15, 2018 Opinion or Order Filing 44 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 03/15/18 RECOMMENDING that his January 8, 2018 motion for a temporary restraining order 24 be denied. Motion for Temporary Restraining Order 24 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
February 9, 2018 Opinion or Order Filing 34 [DISREGARD - DUPLICATIVE ORDER; SEE 30 ORDER] ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/2018 DIRECTING Defendants to file an opposition or a statement of non-opposition to 24 Motion for Preliminary Injunction within 21 days of the date of this order. (Fabillaran, J)
January 26, 2018 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/25/2018 DIRECTING defendants to file an opposition or a statement of non-opposition to the 24 motion for preliminary injunction within 21 days. (Yin, K)
December 12, 2017 Opinion or Order Filing 21 ORDER signed by District Judge Garland E. Burrell, Jr. on 12/11/2017 ADOPTING 16 Findings and Recommendations in full and DENYING 12 and 14 Motions for Preliminary Injunctions. (York, M)
October 13, 2017 Opinion or Order Filing 16 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/12/2017 ORDERING that service is appropriate for W. Almodovar, E. Brazil, A. Hickman, J. Kumeh, A. Pogue on the Eighth Amendment claim. All other claims and defe ndants are DISMISSED with leave to amend within 30 days, plaintiff is not obligated to amend his complaint. The Clerk shall send plaintiff forms for service which may be completed within 30 days. Plaintiff shall return the Notice of Submission or Amendment with response. IT IS RECOMMENDED that plaintiff's 12 , 14 motions for the return of his legal property, construed as motions for preliminary injunctions, be denied. Motions referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
March 23, 2017 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of John Hardney signed by Magistrate Judge Edmund F. Brennan on 3/23/2017. 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)
February 5, 2016 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/16 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by § 1915(a). 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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Plaintiff: John Hardney
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Defendant: R. Warren
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Defendant: J. Ngo
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Defendant: A. Pogue
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Defendant: A. Hickman
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Defendant: E. Brazil
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Defendant: M. Winkfield
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Defendant: J. Kumeh
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Defendant: W. Almodovar
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Defendant: J. Hernandez
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Defendant: J. Lizarraga
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Defendant: J. Beard
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Defendant: E. Whitlock
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