March 28, 2024 |
Filing
82
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/27/24 ADOPTING in full 78 Findings and Recommendations and GRANTING 63 defendant's Motion for Summary Judgment. Plaintiff's 72 motion for partial summary judgment is DENIED. Judgment shall be entered in defendant's favor. CASE CLOSED (Kastilahn, A)
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November 27, 2023 |
Filing
80
ORDER signed by Magistrate Judge Allison Claire on 11/27/2023 GRANTING 79 Motion for Extension of Time. Plaintiff is GRANTED 60 days from the service of this order in which to file objections to 78 Findings and Recommendations. (Woodson, A)
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November 3, 2023 |
Filing
78
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/01/2023 DENYING 59 Motion to Compel, DISCHARGING 61 Order to Show Cause, and DENYING 74 Motion to Strike. It is further RECOMMENDED that 63 Motion for Summary Judgment be granted and 72 Motion for Partial Summary Judgment be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these Findings and Recommendations.(Lopez, K)
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October 20, 2020 |
Filing
61
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 10/19/2020 ORDERING, within 7 days, defendant shall show cause for her failure to timely respond to plaintiff's motion to compel discovery, and shall also file and serve a substantive response to plaintiff's motion. Plaintiff may, within 7 days after service of defendant's response, file and serve a reply. (Yin, K)
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September 8, 2020 |
Filing
58
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/2020 ADOPTING 27 Findings and Recommendations in full; DISMISSING defendants M. Dela Vega, Dr. Ashley J. Mulligan-Pfile, J. Lewis, and Eric Arnold and putative defendants Dr. Santiago, Dr. Robert Menende, Dr. Pablo C. Chan, Dr. An Minh Nguyen, Dr. Naz, Dr. Goertz, Dr. Collinsworth, Dr. Khatri Dave, Dr. Ruddy, Dr. Von Lintig and Dr. Arthur Blain. J. Lewis, Ashley J. Mulligan, Eric Arnold and M. De La Vega terminated. This action will proceed against sole defendant Dr. Lotersztain on plaintiff's 8th Amendment claim for deliberate indifference to plaintiff's serious medical needs. This case is referred back to the assigned magistrate judge for all further pretrial proceedings. (Coll, A)
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June 9, 2020 |
Filing
56
ORDER signed by Magistrate Judge Allison Claire on 6/08/20 DENYING 53 Motion to Appoint Counsel and DENYING 55 Plaintiffs motion for an order directing the United States Marshal to serve plaintiffs proposed subpoenas duces tecum. The motion is : (a) denied without prejudice as to defendantLotersztain, subject to the directive below; (b) denied without prejudice to the custodian of CSPSOLs prison medical records (currently Mr. Marc Weeks); and (c) denied with prejudice as to the California Me dical Board. Plaintiffs motion directed to defendant Lotersztain is construed, in part, as a motion tocompel discovery under Rule 37, Federal Rules of Civil Procedure; so construed, defense counsel shall, within fourteen (14) days after the filing da te of this order, provide plaintiff with a copy of his medical records as independently obtained by defendant, and shall file and serve a statementreflecting such production. This order shall serve as substantiation to prison officials that plaintiffs medical records are relevant to the instant legal proceeding which has a discovery deadline of July 31, 2020. (Plummer, M)
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April 30, 2020 |
Filing
52
ORDER signed by Magistrate Judge Allison Claire on 4/29/2020 GRANTING plaintiff's 50 request for the issuance of 3 blank subpoena forms and DENYING without prejudice plaintiff's 51 motion to compel. The Clerk shall send plaintiff, t ogether with a copy of this order, three subpoena duces tecum forms, signed but otherwise blank, pursuant to Rule 45, Federal Rules of Civil Procedure. Within 30 days, plaintiff shall complete the proposed subpoena duces tecum forms, and return these documents to the court with the attached Notice of Submission, together with a motion requesting service of the proposed subpoenas by the USM. (Yin, K)
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April 22, 2020 |
Filing
49
ORDER signed by Magistrate Judge Allison Claire on 04/21/2020 GRANTING 48 Motion for Extension of Time. The discovery deadline is EXTENDED to 07/31/2020 and the dispositive motion deadline is EXTENDED to 10/30/2020. (Tupolo, A)
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February 13, 2020 |
Filing
45
ORDER signed by Magistrate Judge Allison Claire on 2/12/20 SUSTAINING IN PART AND DENYING IN PART 42 plaintiff's objections to the subpoenas duces tecum served by defense counsel on 1/07/20. To the extent that plaintiff seeks to quash or lim it the subpoenas, that request is DENIED. To the extent that plaintiff seeks a protective order, that request is GRANTED and the parties shall be guided by the following protective order for the remainder of this litigation. (See order for further details)(Plummer, M)
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February 3, 2020 |
Filing
43
ORDER signed by Magistrate Judge Allison Claire on 1/31/20 ORDERING defendants shall, on or before Friday, February 7, 2020, file and serve a response to plaintiffs objections to the subpoenas duces tecum served by defendants in early January.(Plummer, M) Modified on 2/3/2020 (Plummer, M).
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December 11, 2019 |
Filing
38
ORDER signed by Magistrate Judge Allison Claire on 12/10/19 GRANTING 37 defendant's request to opt out of the post-screening ADR project; LIFTING 35 the stay of this action and defendant shall file and serve her answer to the complaint within 21 days after the filing date of this order. (Plummer, M)
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October 9, 2019 |
Filing
35
ORDER signed by Magistrate Judge Allison Claire on 10/9/2019 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Plaintiff shall file the attached notice re settlement conference within 30 days of this order. Defendants to fi le 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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July 31, 2019 |
Filing
28
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Ted Darnell Daniels signed by Magistrate Judge Allison Claire on 7/29/2019. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the 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)
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April 12, 2016 |
Filing
13
ORDER signed by Magistrate Judge Allison Claire on 4/12/16 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six-month period immediately preceding th e filing of the complaint and shall obtain the assistance of an authorized prison official to complete the certificate portion of the application form. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)
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March 22, 2016 |
Filing
7
ORDER signed by Magistrate Judge Allison Claire on 3/22/16 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $400.00; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
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March 14, 2016 |
Filing
4
ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 3/14/2016. (ahm, COURT STAFF) (Filed on 3/14/2016) [Transferred from cand on 3/16/2016.]
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