Spence v. Beard, et al.
Plaintiff: Gerald Spence
Defendant: Jeffrey Beard, Scott Kernan, Josh Jugum, Debra Cornez, E. Arnold, Mitchel R., Kenyata Williams, M. Lyons and D Greene
Case Number: 2:2016cv01828
Filed: August 3, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Kendall J. Newman
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
February 16, 2021 Opinion or Order Filing 129 ORDER signed by District Judge Troy L. Nunley on 2/15/2021 DENYING 118 Motion to Recuse/Disqualify the Magistrate Judge. (Zignago, K.)
January 22, 2021 Opinion or Order Filing 126 ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2021 GRANTING 125 Motion for Extension of Time. Defendants to have until 1/29/2021 to file a response that complies with 120 Order. (Henshaw, R)
January 6, 2021 Opinion or Order Filing 123 ORDER signed by District Judge Troy L. Nunley on 1/5/2021 DENYING 118 Motion for Reconsideration and AFFIRMING 113 Order. (Huang, H)
January 5, 2021 Opinion or Order Filing 122 ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/2021 DENYING without prejudice 121 Request to Deny Plaintiff's Motion as Premature or Moot; PARTIALLY GRANTING 121 Motion for Extension of Time; and GRANTING Defendants 14 days in which to file one response that complies with 120 Order. (Henshaw, R)
December 18, 2020 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/20 ORDERING Within fourteen days from the date of this order, defendants shall respond to plaintiffs request 107 as to whether the court should order officials at North Kern State Prison or High Desert State Prison, where plaintiff was subsequently transferred, to allow plaintiff to correspond with the inmates and correctional officers plaintiff has named as potential witnesses tomaterial facts alleged in his complaint. Defendants sh all provide any and all documentation and information at their or defense counsels disposal, including records in the custody or control of the California Department of Corrections and Rehabilitation, reflecting the response, if any, of CCI Nichols, Captain Chanelo, or other prison staff at North Kern State Prison as to plaintiffs request for permission to contact such witnesses concerning this case. Plaintiffs reply shall be filed 14 days after receipt of defendants response. The January 4, 2021 pretrial motions deadline is VACATED. No party shall file a dispositive motion until further order of court.(Plummer, M)
December 17, 2020 Opinion or Order Filing 119 ORDER signed by Magistrate Judge Kendall J. Newman on 12/17/20 GRANTING IN PART AND DENYING IN PART 110 Motion to Compel. Defendant Kauershall provide further responses within 30 days from the date of this order. Plaintiffs motion to compel furthe r responses from defendant Chambers 110 is denied without prejudice. Within 21 days from the date of this order, plaintiff shall re-serve on counsel for defendants page two of his first set of request for admissions to defendant Chambers. 30 days a fter receipt of page two, defendant Chambers shall provide plaintiff amended responses to the complete first set of request for admissions, taking care to ensure thatthe responses are properly numbered. Within 30 days of receipt of defendant Chambers amended responses to the first set of request for admissions, plaintiff may renew his motion to compel further responses to interrogatories 2 and 3 to defendant Chambers, and to defendant Chambers amended responsesto the request for admissions, and include his request for expenses, as set forth above. Defendants motion to modify the scheduling order 108 is denied. The January 4, 2021 pretrial motions filing deadline is vacated. All parties shall refrain from filing dispositive motions until further order of the court. (Plummer, M)
July 6, 2020 Opinion or Order Filing 105 ORDER signed by Magistrate Judge Kendall J. Newman on 7/06/20 ORDERING that plaintiff is granted thirty days in which to re-file his request for access to witnesses 94 bearing his signature. (Plummer, M)
May 15, 2020 Opinion or Order Filing 101 ORDER signed by Magistrate Judge Kendall J. Newman on 05/15/2020 DENYING 86 Motion to Compel without prejudice. (Tupolo, A)
May 13, 2020 Opinion or Order Filing 100 ORDER signed by District Judge Troy L. Nunley on 5/12/2020 DENYING 85 Request for Reconsideration. Within 45 days from the date of electronic filing of this Order, Plaintiff shall provide Defendant with supplemental responses as required under the 8/15/2019 83 Order. (Reader, L)
April 7, 2020 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/2020 DENYING 60 plaintiff's request for judicial notice. (Kastilahn, A)
January 21, 2020 Opinion or Order Filing 92 ORDER ADOPTING 90 Findings and Recommendations in full signed by District Judge Troy L. Nunley on 01/16/20 GRANTING 61 Motion to Amend the Complaint as to his retaliation claims against Sgt. Chambers, and DENIED in all other respects. This action shall proceed solely on the retaliation claims raised in Plaintiff's 89 03/07/19 Third Amended Complaint, against Defendants Kaur and Sgt. Chambers, based on actions taken prior to the RVR hearing on 11/18/16. (Benson, A.)
December 20, 2019 Opinion or Order Filing 90 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/19/19 ORDERING that the Clerk of the Court shall detach plaintiff's proposed third amended complaint 61 at 4-23 and file and docket the third amended com plaint as of 3/07/19 61 -1. Also, RECOMMENDING that plaintiff's motion to amend 61 be granted as to his retaliation claims against Sgt. Chambers and denied in all other respects. This action shall proceed solely on the retaliation claims raised in his third amended complaint against defendant Kaur and Sgt. Chambers based on actions taken prior to th RVR hearing on 11/18/16. Motion to Amend 61 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
August 20, 2019 Opinion or Order Filing 84 ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2019 ORDERING plaintiff's 66 second motion to compel is PARTIALLY GRANTED, as follows: Defendant is required to provide a further response for request for production of documents Nos. 1, 2 and 3 for the October 1, 2015 to September 2016 time frame; In all other respects, plaintiff's motion to compel further discovery responses is DENIED. Plaintiff's request for sanctions is DENIED. (Yin, K)
August 15, 2019 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Kendall J. Newman on 8/14/2019 GRANTING IN PART and DENYING IN PART 63 Motion to Compel, see Order for details; GRANTING IN PART and DENYING IN PART 65 Motion to Compel, see Order for details; ORDERING discovery responses ordered to be accomplished within 30 days from the date of this order; DENYING 63 Request for Sanctions; and DENYING 60 Request for Judicial Notice. (Henshaw, R)
June 21, 2019 Opinion or Order Filing 82 ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/2019 DENYING plaintiff's 77 , 79 motions to strike and DENYING plaintiff's 79 motion for a protective order. Discovery is CLOSED. The 7/19/2019 dispositive motion deadline is VACATED; no party shall file a dispositive motion pending further order of the court. (Yin, K)
January 23, 2019 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 1/23/19 PARTIALLY GRANTING 57 Motion for Reconsideration. The discovery deadline is extended to 4/19/19. The pretrial motions deadline is extended to 7/19/19; in all other respects the 10/11/18 scheduling order remains in effect. (Plummer, M)
January 7, 2019 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2019 GRANTING 55 Motion for Extension of Time. Defendant Kaur is GRANTED an additional 53 days, nunc pro tunc, to serve responses to plaintiff's Request for Production of Documents (Set 1) and Request for Admissions (Set 1), up to and including 1/27/2019. (Huang, H)
August 28, 2018 Opinion or Order Filing 42 ORDER signed by Magistrate Judge Kendall J. Newman on 08/28/18 ORDERING the stay of this action is lifted. Within 30 days from the date of this order, defendant Kauer shall respond to plaintiff's second amended complaint 23 . (Plummer, M)
July 11, 2018 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2018 DENYING Plaintiff's motion to lift the stay to attempt to amend his pleading and DIRECTING Clerk of Court to strike 37 Plaintiff's Motion to Amend and 38 Third Amended Complaint. (Henshaw, R)
March 28, 2018 Opinion or Order Filing 32 ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 3/27/2018. The parties shall file the attached notice re settlement conference within 30 days of this order. The assign ed DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. 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. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker)(Yin, K)
February 14, 2018 Opinion or Order Filing 27 ORDER signed by District Judge Morrison C. England, Jr. on 2/13/2018 ADOPTING 25 findings and recommendations in full. Plaintiff's claims against defendants Ditto and Williams are DISMISSED without leave to amend. (Zignago, K.)
January 19, 2018 Opinion or Order Filing 25 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/19/18 ORDERING service is appropriate for defendant Kaur. The clerk of the court shall send plaintiff 1 USM-285 form, 1 summons, instruction sheet and a copy of the second amended complaint 23 to be completed and returned with the notice of submission of documents within 30 days. The clerk of the court shall assign a district judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that plaintiff's claims against defendants Ditto and Williams be dismissed without leave to amend. Referred to Judge Morrison C. England Jr. Objections to due within 14 days. (Plummer, M)
July 17, 2017 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2017 GRANTING 21 Motion for Extension of Time. Plaintiff to file second amended complaint on or before 8/20/2017. (Henshaw, R)
June 20, 2017 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Kendall J. Newman on 06/20/17 ordering plaintiff's amended complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. (Plummer, M)
March 6, 2017 Opinion or Order Filing 15 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gerald Spence signed by Magistrate Judge Kendall J. Newman on 3/6/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to th e 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)
August 9, 2016 Opinion or Order Filing 9 ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/2016 DISMISSING without prejudice plaintiff's 3 application to proceed ifp. The Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a completed ifp application. (Yin, K)
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Search for this case: Spence v. Beard, et al.
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Plaintiff: Gerald Spence
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Defendant: Jeffrey Beard
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Defendant: Scott Kernan
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Defendant: Josh Jugum
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Defendant: Debra Cornez
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Defendant: E. Arnold
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Defendant: Mitchel R.
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Defendant: Kenyata Williams
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Defendant: M. Lyons
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Defendant: D Greene
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