Bernal v. Beard et al
Plaintiff: Ruben Rodriguez Bernal
Defendant: Jeffrey Beard, Weeks and Arana
Case Number: 2:2016cv02511
Filed: October 20, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Imperial
Presiding Judge: Allison Claire
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 16, 2023 Opinion or Order Filing 99 AMENDED ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 02/15/2023 ORDERING the custodian to produce Ruben Rodriguez Bernal F-34960, by Zoom video conference from his place of confinement before Judge Kendall J. Newman on 3/15/2023 at 9:30 a.m.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Alexandra Waldrop. (cc: I.T. Dept, Fax to LitCo at RJ Donovan, 3 certified to warden, RJ Donovan, KJN) (Spichka, K.)
February 6, 2023 Opinion or Order Filing 97 ORDER AND WRIT FOR HABEAS CORPUS AD TESTIFICANDUM BY VIDEO CONFERENCE signed by Magistrate Judge Allison Claire on 2/3/2023 ORDERING the Custodian to produce by zoom video conference, Ruben Rodriguez Bernal, CDCR # F-34960, on 3/15/2023 at 9:00 AM before Chief Magistrate Judge Kendall J. Newman. The custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. The Clerk of the Court is directed to serve a copy of this order and writ on the custodian. (cc: IT, KJN) (Huang, H)
September 13, 2022 Opinion or Order Filing 89 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 09/13/22 ORDERING the Custodian to produce by zoom video conference Ruben Rodriguez Bernal on 10/19/22 at 9:00 a.m. before Magistrate Judge Kendal l J. Newman. The custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento and KJN)(Plummer, M)
September 9, 2022 Opinion or Order Filing 88 ORDER signed by District Judge Dale A. Drozd on 9/8/2022 ORDERING Settlement Conference set for 10/19/2022 at 09:00 AM, via ZOOM before Magistrate Judge Kendall J. Newman. Non-Confidential Settlement Statements due 7 days prior to the Settlement Conference. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at the RJ Donovan Correctional Facility via facsimile or by email. (cc: facsimile to RJDCF)(Reader, L)
February 18, 2022 Opinion or Order Filing 80 ORDER signed by Magistrate Judge Allison Claire on 2/17/2022 DENYING plaintiff's 79 motion for service of a subpoena. (Yin, K)
July 23, 2021 Opinion or Order Filing 72 ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 7/22/21 ORDERING the Custodian to produce by zoon video conference Ruben Rodriguez Bernal on 8/31/21 at 10:00 a.m. before Magistrate Judge Deborah Ba rnes. The custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. The clerk of court shall serve a copy of this writ on the Custodian. (cc: I.T. Dept, Sacramento and DB)(Plummer, M)
July 9, 2021 Opinion or Order Filing 71 ORDER signed by Magistrate Judge Allison Claire on 7/8/2021, SETTING a Settlement Conference on 8/31/2021 at 10:00 AM before Magistrate Judge Deborah Barnes. The manner of Settlement Conference shall be determined at a later date. The parties shall submit their confidential settlement conference statements to the court in accordance with this order, at least 7 days prior to the Settlement Conference. (cc: DB, ADR) (Yin, K)
June 28, 2021 Opinion or Order Filing 70 ORDER signed by District Judge John A. Mendez on 6/28/2021 ADOPTING 65 Findings and Recommendations in full; DENYING plaintiff's 51 Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART defendant Weeks' 55 Motion for Summary Judgment. (Zignago, K.)
April 2, 2021 Opinion or Order Filing 65 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/01/21 ORDERING the Clerk of the Court randomly assign a U.S. District Judge to this action. Also, RECOMMENDING that Plaintiff's motion for summary judgment [5 1] be denied. Defendant Weeks' motion for summary judgment 55 be granted in part and denied in part as follows: Granted to the extent that plaintiff's retaliation and conspiracy claims are predicated on the search of plaintiff's cell; and otherwised denied. Motion for Summary Judgment 55 referred to Judge John A. Mendez. Objections due within 21 days.(Plummer, M)
June 2, 2020 Opinion or Order Filing 59 ORDER signed by Magistrate Judge Allison Claire on 6/1/2020 ORDERING Plaintiff to file and serve an opposition or statement of non-opposition to 55 Motion for Summary Judgment within 21 days of the service of this order. (Henshaw, R)
May 19, 2020 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Allison Claire on 05/19/20 ORDERING that within 14 days of the service of this order plaintiff or defendant Arana shall file a signed copy of the acceptance of judgment.(Plummer, M)
April 22, 2020 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Allison Claire on 04/21/2020 GRANTING 53 Motion for Extension of Time. The deadline to file dispositive motions is EXTENDED to 04/23/2020. (Tupolo, A)
March 18, 2020 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Allison Claire on 3/18/2020 GRANTING 49 Motion for Extension of Time. Deadline to file dispositive motions is extended to 4/20/2020. (Henshaw, R)
February 20, 2020 Opinion or Order Filing 48 ORDER signed by Magistrate Judge Allison Claire on 2/19/2020 ORDERING the parties may file motions for summary judgment within 30 days of the filing of this order. (Yin, K)
February 14, 2020 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Allison Claire on 2/13/20 DENYING 46 Motion to Compel. (Plummer, M)
December 17, 2019 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Allison Claire on 12/16/19 GRANTING IN PART 40 Motion to Compel as to Interrogatory 6, as set forth above. The motion is DENIED in all other respects. Within 14 days of the service of this order, defendant Arana mu st provide supplemental responses to Interrogatory 6, as set forth above. Plaintiff may file a motion for sanctions within 45 days of the service of this order if defendant fails to respond to the discovery request as ordered. The December 27, 2019 pretrial motion deadline is vacated and will be re-set after the pending discovery has been completed. (Plummer, M)
November 26, 2019 Opinion or Order Filing 44 ORDER signed by Magistrate Judge Allison Claire on 11/26/19 DISCHARGING 42 the Order to Show Cause. (Plummer, M)
November 14, 2019 Opinion or Order Filing 42 ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 11/13/19 ORDERING that within 7 days of the filing of this order, defendant shall show good cause why he should not be sanctioned for failing to comply with the October 25, 2019 order. Prompt filing of the documentation outlined in the October 25, 2019 order will be deemed full compliance with this order and will discharge the order to show cause. (Plummer, M)
October 25, 2019 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Allison Claire on 10/25/2019 GRANTING IN PART 19 Motion to Compel, as detailed in this Order, and DENYING 23 Motion to Compel. (Henshaw, R)
August 12, 2019 Opinion or Order Filing 38 ORDER signed by Magistrate Judge Allison Claire on 8/12/2019 GRANTING plaintiff's 36 request for an extension of time to submit discovery requests. Plaintiff shall have until 8/30/2019, to submit discovery requests to defendant Arana. Discovery between plaintiff and defendant Arana shall close on 11/1/2019. Any motions necessary to compel discovery between plaintiff and defendant Arana must be filed by 11/1/2019. (Yin, K)
May 24, 2019 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Allison Claire on 05/23/19 ORDERING defendant Arana has shown good cause why he failed to waive personal service andhe is not required to reimburse the United States Marshal for the cost of service. Defendant Arana ha s demonstrated that he intends to defend against plaintiffs allegations and default should not be entered against him. The order to show cause 31 is therefore discharged. Defendant Aranas request for an extension of time to respond to the complaint is granted in part and he shall have an additional seven days, up to June 6, 2019, to file a response tothe complaint. (Plummer, M)
May 13, 2019 Opinion or Order Filing 31 ORDER signed by Magistrate Judge Allison Claire on 05/09/19 ORDERING within 14 days of the service of this order, defendant Arana shall pay the United States Marshal $1,133.76, unless within that time he files a written statement showing good c ause for his failure to waive personal service. Within 14 days of service of this order, defendant Arana (or his counsel if he is represented) must file and serve the following: (1) a response to the complaint and (2) a verified statement showing cause for the delay in filing a responsive pleading and why default should not be entered. (Plummer, M)
April 10, 2019 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Allison Claire on 4/10/19 DENYING 28 Motion to keep the identities of non-party deponents confidential. (Plummer, M)
July 16, 2018 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Ruben Rodriguez Bernal signed by Magistrate Judge Allison Claire on 07/13/18. 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)
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Plaintiff: Ruben Rodriguez Bernal
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Defendant: Jeffrey Beard
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Defendant: Weeks
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Defendant: Arana
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