Dennis v. Kerman et al
| Matthew Dennis |
| Scott Kerman, J. Clark Kelso, J. Lewis, Dave Davey, B. Lee, A. Enenmoh, C. McCabe, R. Lankford, J. Windsor, O. Beregovskaya, R. Gill, M Mays, S. Abdur-Rahman, D. Smith, Y. Mansour and D. Mendivil |
| 2:2016cv00542 |
| March 14, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kings |
| Allison Claire |
| John A. Mendez |
| 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
257
ORDER signed by Magistrate Judge Jeremy D. Peterson on 02/12/2024 GRANTING 256 Motion for Extension of Time. Defendant shall complete and Execute the Settlement Agreements within 30 days.(Nair, C)
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Filing
250
ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/26/2023 SETTING a Settlement Conference before Magistrate Judge Jeremy D. Peterson by Zoom on 12/13/2023 at 10:00 AM. No later than 12/6/2023 each party must submit a confidential settlement conference statement, as described in this order, to Magistrate Judge Peterson. (cc: JDP, ADR)(Yin, K)
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Filing
249
ORDER signed by Magistrate Judge Allison Claire on 10/19/2023 DIRECTING plaintiff to SHOW CAUSE in writing why he should not be sanctioned for failing to respond to the court's attempts to schedule a settlement conference within 14 days of the service of this Order. Plaintiff shall contact Jonathan Anderson, Courtroom Deputy, by email at janderson@caed.uscourts.gov or by phone at (916) 930-4199, to schedule a settlement conference in this case.(Lopez, K)
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Filing
247
ORDER signed by Magistrate Judge Allison Claire on 8/10/2023 ORDERING that within 14 days of the service of this order, any party may request that the settlement conference be conducted by a different magistrate judge. (Huang, H)
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Filing
246
ORDER signed by District Judge Dale A. Drozd on 7/28/2023 ADOPTING 244 The Findings and Recommendations in full; Defendants' 149 Motion for Summary Judgment is DENIED; Plaintiff's 211 Motion for Summary Judgment is DENIED. Defendant Secretary Allison is DISMISSED from this action because the only claim brought against her in her official capacity--one for injunctive relief--has been rendered moot; and The case is referred back to the assigned magistrate judge for purposes of issuing a Final Pretrial Order in this case. (Mena-Sanchez, L)
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Filing
244
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/6/2023 GRANTING 153 Request for Judicial Notice, GRANTING 204 Request for Judicial Notice, GRANTING 233 , 237 Motions for Extension of Time, DEEMING [238 ] Reply as timely, GRANTING 234 Motion for Clarification to the extent clarification has been provided, DENYING 235 Request for Judicial Notice, and DENYING 239 Motion to Seal. It is RECOMMENDED that 149 Motion for Summary Judgment be deni ed, that 211 Motion for Summary Judgment be denied, and that Defendant Allison be dismissed from this case. Referred to District Judge Dale A. Drozd. Objections due within 21 days after being served with these findings and recommendations. (Huang, H)
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Filing
227
ORDER signed by Magistrate Judge Allison Claire on 08/24/22 DENYING 225 Motion for default judgment. Plaintiff shall have an additional fourteen days, up to September 12, 2022, to file a reply in support of his motion for summary judgment. (Plummer, M)
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Filing
218
ORDER signed by Magistrate Judge Allison Claire on 7/12/2022 GRANTING 215 Motion for Extension of Time. Defendants' Opposition to 211 Motion for Summary Judgment shall be due no later than 30 days after service of this order. (Huang, H)
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Filing
208
ORDER signed by District Judge John A. Mendez on 5/11/2022 OVERRULING 205 Objections and AFFIRMING 202 Order. (Huang, H)
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Filing
207
ORDER signed by Magistrate Judge Allison Claire on 04/28/22 DENYING 204 Motion for Judicial Notice and GRANTING 205 Motion for Leave. Within 45 days of the service of this order, plaintiff may file a motion forsummary judgment.(Licea Chavez, V)
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Filing
202
ORDER signed by Magistrate Judge Allison Claire on 04/14/22 GRANTING 190 , 191 , [ 194 Motions in Limine and to strike to the extent the court will disregard Paragraph 9 of defense counsel's amended declaration. Themotions are OTHERWISE DENIE D; GRANTING 191 , 196 Motions to seal. The Clerk of the Court is directed to seal pages 10-26 of ECF No. 186 -2; DENYING 191 , 193 Motions for sanctions ; DENYING 198 motion to vacate; GRANTING 198 , 200 requests for clarification to the extent that clarification has been provided above; and DENYING 199 motion for extension of time. (Plummer, M)
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Filing
189
ORDER signed by Magistrate Judge Allison Claire on 3/25/22 DENYING 188 Motion for Reconsideration and Request for his Motion to be returned.(Licea Chavez, V)
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Filing
184
ORDER signed by Magistrate Judge Allison Claire on 03/21/22 GRANTING 183 Motion for leave to file an untimely reply. The reply filed March 18, 2022 182 is deemed timely. (Plummer, M)
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Filing
181
ORDER signed by Magistrate Judge Allison Claire on 03/16/22 DENYING 178 Request for return of opposition. (Plummer, M)
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Filing
180
ORDER signed by District Judge John A. Mendez on 3/16/2022 ADOPTING 141 The Findings and Recommendations in full; and DENYING 117 Plaintiff's Motion for Temporary Restraining Order.(Mena-Sanchez, L)
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Filing
177
ORDER signed by Magistrate Judge Allison Claire on 3/8/2022 CONSTRUING 145 and 148 as Motions for Clarification; GRANTING 145 and 148 Motions to the extent clarification has been provided in this order; DENYING 146 Motion to Reopen Discove ry; DENYING 147 Motion for In Camera Review; GRANTING 167 Motion for Extension of Time; DEEMING the opposition to defendants Mays and Allison's motion for summary judgment as timely; GRANTING 168 Motion to Voluntarily Dismiss defendant Phu i; DISMISSING claims against defendant Phui without prejudice; DENYING as MOOT 158 and 160 Motion for Summary Judgment as to defendant Phui and as duplicative as to defendant Allison; DENYING without prejudice 156 , 157 , 165 , and 166 Motio ns to Seal; STRIKING the proposed documents for sealing (ECF No. 155-1 at 65-687; ECF Nos. 155-2 through 155-7; ECF No. 162-1 at 65-687; ECF Nos. 162-2 through 162-7) from the record; ORDERING Clerk to remove the documents from the electronic docket and indicate their removal on the docket; ORDERING defendants may publicly re-file any documents for which plaintiff has waive his right to privacy through his own filing within 14 days of the filing of this order; GRANTING defendants 14 days of the filing of this order to fil, as necessary, a renewed motion to seal that complies with L.R. 141 and this order or alternatively file a stipulation that the documents can be publicly filed; CONSTRUING 171 Cross-Motion for Summary Judgment as Opposit ion to defendants Mays and Allison's motion for summary judgment; ORDERING Clerk to update the docket accordingly; CONTRUING 170 Motion to Exceed Page Limit for cross-motion for summary judgment as Motion to Exceed Page Limit for Opposition; GRANTING 170 Motion as construed; DISREGARDING 176 Opposition to Plaintiff's cross-motion for summary judgment; GRANTING 175 Motion for Return of Documents; ORDERING Clerk to return to plaintiff the original copy of his cross-motion for summary judgment filed 2/4/2022 and indicate the return on the docket; and ORDERING 149 Motion for Summary Judgment remains submitted. (Henshaw, R)
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Filing
143
ORDER signed by Magistrate Judge Allison Claire on 12/8/2021 DENYING plaintiff's 142 motion for a conference call. (Yin, K)
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Filing
141
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/29/2021 DENYING plaintiff's 118 motion for production of documents, 128 , 130 motions to compel, 120 motion to appoint counsel, and 123 motion to be interviewed; STRIKING plaintiff's 126 motion for summary judgment; GRANTING plaintiff's 127 motion to substitute Kathleen Allison for defendant Ralph Diaz; DENYING plaintiff's 127 motion to amend the complaint, wit hout prejudice, to a motion in the proper form; and DENYING as moot defendants' 133 motion for an extension of time. IT IS RECOMMENDED that plaintiff's 117 motion for a temporary restraining order be denied. Referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Yin, K)
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Filing
116
ORDER signed by Magistrate Judge Allison Claire on 06/25/21 DENYING 115 Motion for a pretrial conference and appointment of counsel. (Plummer, M)
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Filing
109
ORDER signed by Magistrate Judge Allison Claire on 05/28/2021 GRANTING 107 & 108 Motions for Clarification. (Rodriguez, E)
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Filing
105
ORDER signed by Magistrate Judge Allison Claire on 5/4/2021 DENYING 104 Motion for Leave to Depose Defendants by Written Question. (Henshaw, R)
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Filing
103
ORDER signed by Magistrate Judge Allison Claire on 4/23/2021 DENYING 101 Motion to Amend and DISREGARDING 102 Exhibits submitted. (Henshaw, R)
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Filing
100
ORDER signed by Magistrate Judge Allison Claire on 4/21/2021 GRANTING defendants' 99 request to opt out of the Post-Screening ADR Project. This case remains STAYED pending final resolution of plaintiff's interlocutory appeal. (Yin, K)
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Filing
98
ORDER signed by Magistrate Judge Allison Claire on 04/05/21 DENYING 97 Motion for a pretrial conference and appointment of counsel. Within 14 days of the service of this order, defendants shall advise the court whether they are still seeking to opt out of the Post-Screening ADR Project. (Plummer, M)
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Filing
95
ORDER signed by Magistrate Judge Allison Claire on 12/21/20 GRANTING 94 Request for a copy of plaintiff's objection filed on 5/13/20. The Clerk of Court is directed to send plaintiff, together with a copy of this order, acopy of his objections filed in this court on May 13, 2020 62 . (Plummer, M)
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Filing
87
ORDER STAYING CASE signed by Magistrate Judge Allison Claire on 08/19/20 DENYING 86 ex parte request to immediately schedule an ADR settlement conference and STAYING this case in its entirety until further order of this court. (Plummer, M)
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Filing
78
ORDER signed by Magistrate Judge Allison Claire on 7/15/2020 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Defendants to file any motion to opt out of the Post-Screening ADR Project no more than 60 days from the date of this order. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. (Henshaw, R)
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Filing
73
ORDER signed by Magistrate Judge Allison Claire on 6/29/2020 DENYING as moot plaintiff's 70 request that this court direct the United States Marshal to serve process on defendant mays (aka Mayes). (Yin, K)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 06/24/20 DENYING 66 Motion to Appoint Counsel. (Plummer, M)
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Filing
67
ORDER signed by District Judge John A. Mendez on 6/22/2020 ADOPTING 51 Findings and Recommendations in full. Plaintiff's 47 Motion for Preliminary Injunctive Relief is DENIED. Defendants Scott Kernan, Dave Davey, Dr. Jeanne Windsor, Dr. Sal ahuddin Abdur-Rahman, Dr. Randall Lankford, Dr. B. Lee, Registered Nurse D. Mendivil, Dr. Olga Beregovsky, Dr. Ravijot Gill, Dr. Conall McCabe, Dr. David Smith, Dr. Edgar Clark, Dr. Jonathan Akanno, Dr. Amr Ramadan, Physician Assistant Stephen Hitc hman, Dr. Anthony Enenmoh, Charles Young, Celia Bell, Janet Lewis and S. Gates are DISMISSED from this action. This case proceeds on Plaintiff's Third Amended Complaint against defendant CDCR Secretary Ralph Diaz (in his official capacity only ) and against defendants Martha Mays (a Nurse Practitioner) and Dr. Khoung Phui on Plaintiff's medical deliberate indifference claims. Plaintiff's 49 Motion requesting the screening of his Third Amended Complaint and a decision on his Motion for Preliminary Injunctive Relief, is DENIED as moot. Plaintiffs 63 Motion for leave to proceed on a further amended complaint or supplemental pleading, is DENIED.(Mena-Sanchez, L)
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Filing
64
ORDER signed by Magistrate Judge Allison Claire on 05/20/2020 DENYING 48 Motion to Appoint Counsel without prejudice. (Tupolo, A)
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Filing
46
ORDER signed by District Judge John A. Mendez on 4/16/19 ADOPTING 43 Findings and Recommendations in full; DISMISSING Defendant J. Clark Kelso from this action with prejudice; DENYING 44 Motion for Preliminary Injunction without prejudice; and REFERRING this action back to the magistrate judge for purposes of screening plaintiff's 3rd Amended Complaint pursuant to 28 U.S.C. § 1915A. (Coll, A)
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Filing
43
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/26/2019 ORDERING plaintiff's 32 Second Amended Complaint shall not be served and plaintiff is GRANTED leave to file a Third Amended Complaint within 30 days, as set forth in this order. Current CDCR Secretary Ralph Diaz is substituted in for former CDCR Secretary Scott Kernan as a defendant in his official capacity, Kernan shall remain a defendant in his personal capacity. Plaintiff's 25 , 34 , [ 41] motions for preliminary and permanent injunctive relief, summary judgment and judgment on the pleadings are DENIED without prejudice as premature. The Clerk shall send plaintiff a copy of the civil rights action complaint form. Failure to file a Third Amended Complaint will result in a recommendation that this action be dismissed without prejudice. IT IS RECOMMENDED that defendant J. Clark Kelso be dismissed from this action with prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Yin, K) Modified on 2/26/2019 (Yin, K).
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Filing
31
ORDER signed by Magistrate Judge Allison Claire on 08/22/18 ORDERING the Clerk of Court shall designate the exhibits submitted by plaintiff on August 8,2018 29 , as exhibits in support of plaintiffs Second Amended Complaint 21 ,and shall electronic ally file the combined pleading as a new docket entry entitled Operative Second Amended Complaint and Exhibits. The Clerk of Court shall return to plaintiff the original copy of his exhibits submittedAugust 8, 2018 29 , and indicate the return on the docket. (Plummer, M)
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Filing
26
ORDER signed by Magistrate Judge Allison Claire on 07/11/18 ORDERING Plaintiffs motion for leave to proceed on his Second Amended Complaint, 20 is GRANTED. This action shall now proceed on plaintiffs Second Amended Complaint, 21 . Plaintiffs reque st for appointment of counsel, 19 , is DENIED without prejudice. A decision on plaintiffs motion for preliminary injunctive relief, 25 , is deferred until the screening of plaintiffs Second Amended Complaint. Plaintiff shall, within thirty (30) days after the filing date of this order, submit to the court all exhibits referenced in his Second Amended Complaint; the court will direct the Clerk of Court to attach these exhibits to the Second Amended Complaint. (Plummer, M)
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Filing
15
ORDER signed by Magistrate Judge Allison Claire on 3/31/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Matthew Dennis. The CDCR shall COLLECT from the plaintiff's prison trust account an initial partial filing fee and thereafter monthly payments in accordance with this order. The clerk is DIRECTED to send a copy of this order and 2 Motion to Proceed IFP on the CDCR. (cc CDCR Prisoner Payments)(Donati, J)
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