Howze v. Orozco et al
Plaintiff: J. L. Howze
Defendant: A.B. Orozco, E. Grout, R. Neuschmid and Sahota
Case Number: 2:2016cv01738
Filed: July 25, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: John A. Mendez
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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 29, 2023 Opinion or Order Filing 161 ORDER signed by Magistrate Judge Allison Claire on 9/28/2023 SETTING a Settlement Conference for 11/2/2023 at 01:00 PM before Magistrate Judge Stanley A. Boone, via Zoom Video; VACATING the parties' 117 , 139 , 145 cross-motions for summary judgment without prejudice; DENYING plaintiff's 159 motion to expedite his motion for summary judgment as moot; and STAYING this case until 30 days following the settlement conference. The parties' shall submit confidential settlement statements in accordance with this order no later than 10/26/2023. (Yin, K)
May 12, 2022 Opinion or Order Filing 148 ORDER signed by District Judge John A. Mendez on 05/11/22 ADOPTING 134 Findings and Recommendations in full, DENYING 110 Motion to Amend, STRIKING 111 Proposed Second Amended Complaint and OVERRULING 136 Objections. (Licea Chavez, V)
March 24, 2022 Opinion or Order Filing 134 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/24/22 DENYING 114 Motion for leave to serve discovery requests; DENYING 119 Motion to Strike; DENYING 115 Motion to deny plaintiff's motion for su mmary judgment as premature; DENYING 125 at 21-22 Motion for Service of subpoena; and GRANTING 115 , 120 , 132 motions to set a dispositive motions deadline and to extend their time to file a response to plaintiff's motion for summary jud gment. Defendants shall have until May 9, 2022, to file any motions for summary judgment and to respond to plaintiff's motion for summary judgment. Also, RECOMMENDING that plaintiff's motion to amend 110 be denied. The clerk of the court be directed to strike the proposed second amended complaint 111 from the record. Motion 110 referred to Judge John A. Mendez. Objections due within 14 days.(Plummer, M)
September 30, 2021 Opinion or Order Filing 109 ORDER signed by Magistrate Judge Allison Claire on 09/30/21 GRANTING 95 Motion to Compel and DENYING plaintiff's 97 , 106 Motions to Compel. Within 45 days of the service of this order, defendants may take plaintiffs deposition, either in person or by videoconference. Defendants shall serve all parties with the notice required by Federal Rule of Civil Procedure 30(b)(1) at least fourteen days before such a deposition. If plaintiff refuses to participate in his deposition, defendants may bring a motion for sanctions within 14 days of being advised of plaintiffs refusal. (Plummer, M)
April 27, 2021 Opinion or Order Filing 107 ORDER signed by District Judge John A. Mendez on 4/26/21 ORDERING that plaintiff's objections to the MagistrateJudge's March 8, 2021 order are OVERRULED and the March 8, 2021 order is AFFIRMED. (Kastilahn, A)
March 8, 2021 Opinion or Order Filing 103 ORDER signed by Magistrate Judge Allison Claire on 03/08/21 ORDERING within 21 days of the service of this order, plaintiff shall confirm that hereceived defendant Sahotas supplemental responses to his interrogatories and, if applicable, shall also specifically identify which responses he believes are deficient and why. Defendant Sahota may file a response to plaintiffs supplemental briefing within 14 days of service and plaintiff may file a reply within fourteen days of service of the response.(Plummer, M)
March 3, 2021 Opinion or Order Filing 100 ORDER signed by Magistrate Judge Allison Claire on 03/02/21 ORDERING that within 14 days of the service of this order plaintiff shall respond to the motion to compel.(Plummer, M)
February 9, 2021 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Allison Claire on 02/08/21 ORDERING within 21 days of the service of this order, plaintiff must notify the courtwhether he received defendant Sahotas supplemental responses to discovery. If plaintiff has received the responses, he must also specifically identify which responses he believes are deficient and why. Defendant Sahota may file a response to plaintiffs supplemental briefing within 21 days of service and plaintiff may file a reply within fourteen days of service of the response.(Plummer, M)
January 26, 2021 Opinion or Order Filing 96 ORDER signed by District Judge John A. Mendez on 1/25/2021 ADOPTING in full 84 Findings and Recommendations. Plaintiff's 71 Motion to Amend the First Amended Complaint is DENIED. The Clerk is directed to strike plaintiff's 72 proposed Second Amended Complaint from the record. (Kastilahn, A)
January 20, 2021 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Allison Claire on 1/19/21 DENYING 90 Motion for protective order; DENYING 91 Motion to Compel; VACATING 93 Motion for Summary Judgment. Plaintiff shall have an additional 14 days, up to February 5, 2021, to file a motion to compel. Once discovery has been resolved and the court sets a new dispositive motions deadline, plaintiff mayeither file a new motion for summary judgment or renew his prior motion by filing a notice saying that he is re-filing it as of the date the notice is filed. (Plummer, M)
December 28, 2020 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Allison Claire on 12/28/2020 DISCHARGING 86 Order to Show Cause; ORDERING defendant Sahota to have until 1/8/2021 to submit his supplemental responses to discovery and notify the court of the status of those responses as set forth in 83 Order; and GRANTING Plaintiff until 1/22/2021 to file a renewed motion to compel if any of the discovery disputes addressed in 83 Order remain unresolved. (Henshaw, R)
December 21, 2020 Opinion or Order Filing 86 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 12/18/20 ORDERING that within 5 days of the filing of this order, defendant Sahota shall show cause why sanctions should not be imposed for failing to complywith a court order. Prompt filing of the required declaration will be deemed full compliance with this order and will automatically discharge the order to show cause.(Plummer, M)
November 20, 2020 Opinion or Order Filing 84 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/19/20 RECOMMENDING that plaintiffs Motion to Amend the First Amended Complaint 71 be DENIED; and the Clerk of the Court be directed to strike plaintiffs proposed Second Amended Complaint 72 from the record. Motion 71 referred to Judge John A. Mendez. Objections due within 21 days.(Plummer, M)
October 30, 2020 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Allison Claire on 10/29/20 ORDERING that defendant Sahota shall file with the court a copy of the Interrogatories and Requests for Production, Set One, that plaintiff served on defendant, as well as a copy of defendant Sahotas responses to plaintiff. Defendant Sahota shall file these documents by Wednesday, November 4, 2020. (Plummer, M)
September 22, 2020 Opinion or Order Filing 74 ORDER signed by Magistrate Judge Allison Claire on 09/22/20 GRANTING 73 Motion to modify the scheduling order and extend time to oppose plaintiff's motion for partial summary judgment. The time in which to take plaintiffs deposition is exten ded until December 31, 2020; the time for filing motions to compel related to plaintiffs deposition is extended until January 31, 2021; and the time in which to file dispositive motions is extended until March 31, 2021. The time for defendants to oppose plaintiffs pending motion for partial summary judgment is extended until March 31, 2021. (Plummer, M)
July 9, 2020 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Allison Claire on 07/09/20 ORDERING that within 7 days of the filing of this order, defendant Sahota shall file an opposition or statement of non-opposition to the motion to compel. (Plummer, M)
June 23, 2020 Opinion or Order Filing 60 ORDER signed by Magistrate Judge Allison Claire on 06/23/2020 DENYING 58 Motion for Extension of Time. (Tupolo, A)
May 20, 2020 Opinion or Order Filing 57 ORDER signed by Magistrate Judge Allison Claire on 05/20/20 GRANTING 56 Motion to modify the scheduling order. The time in which to take Plaintiffs deposition is extended until October 19, 2020; the time for filing motions to compel related to Plaintiffs deposition is extended until November 19,2020; and the time in which to file dispositive motions is extended until January 11, 2021. (Plummer, M)
March 10, 2020 Opinion or Order Filing 51 ORDER signed by Magistrate Judge Allison Claire on 03/09/20 DENYING 48 Motion for Partial Summary Judgment and DENYING 49 Motion for Extension of time. The deadlines and requirements set forth in the February 24, 2020 discovery and scheduling order, 47 , shall also apply to proceedings between plaintiff and defendant Sahota. (Plummer, M)
January 23, 2020 Opinion or Order Filing 45 ORDER signed by District Judge John A. Mendez on 1/22/20 ADOPTING 36 Findings and Recommendations. 24 Motion to Dismiss is granted as to plaintiff's claim for injunctive relief and denied in all other respects. Defendants shall file an answer to the complaint within twenty-one days from the date of service of this order. (Kaminski, H)
September 26, 2019 Opinion or Order Filing 36 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/26/19 GRANTING 33 Motion to Strike. The clerk of the court is directed to strike plaintiff's supplemental opposition 32 from the record. Also, RECOMMEN DING that defendants' motion to dismiss 24 be granted as to plaintiff's claim for injunctive relief and denied in all other respects. If these findings and recommendations are adopted, defendants be required to file an answer to the complaint within 21 days of any such order. Motion to Dismiss 24 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M) Modified on 9/26/2019 (Plummer, M).
December 11, 2018 Opinion or Order Filing 23 ORDER signed by District Judge John A. Mendez on 12/10/2018 ADOPTED in FULL 14 Finding and Recommendations; Plaintiff's fraud and due process claims are DISMISSED without leave to amend. (Reader, L)
October 4, 2018 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Allison Claire on 10/4/18 GRANTING 17 Motion for Extension. Plaintiff shall file his objections on or before November 8, 2018. Within 30 days of service of this order, plaintiff shall complete and return the paperwork necessary to complete service upon defendants Orozco, Grout, Neuschmid and Sahota. (Coll, A)
September 17, 2018 Opinion or Order Filing 15 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of J.L. Howze signed by Magistrate Judge Allison Claire on 09/17/18. 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)
August 9, 2016 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Allison Claire on 8/8/2016 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp, or the required fees in the amount of $400.00; and the Clerk shall send plaintiff an ifp application.(Yin, K)
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Plaintiff: J. L. Howze
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Defendant: A.B. Orozco
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Defendant: E. Grout
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Defendant: R. Neuschmid
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Defendant: Sahota
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