Spears v. El Dorado County Courts et al
| Brian Spears |
| El Dorado County Courts, El Dorado County C.P.S., Joan Barbie, Ken Barber and El Dorado County Public Guardian |
| 2:2016cv02655 |
| November 8, 2016 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Craig M. Kellison |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
89
ORDER signed by Magistrate Judge Dennis M. Cota on 7/9/2026 LIFTING the stay of proceedings issued on 2/5/26 and GRANTING defendants leave to file a revised Motion for Summary judgment SUPERSEDING 80 Motion for Summary Judgment. The 80 is STRICKEN and defendants are DIRECTED to file a revised Motion for Summary Judgment within 60 days of this order. (Deputy Clerk AMW)
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Filing
82
ORDER signed by Magistrate Judge Dennis M. Cota on 2/3/2026 DENYING as MOOT 75 Motion for Extension of Time, GRANTING 76 Motion to Compel, and ORDERING that, once available per state court order approving release of records, Defendants shall pr oduce such records, as requested by Plaintiff. This matter is STAYED until such time as Defendants are able to obtain an order from the El Dorado County Superior Court for release of records. Within 30 days of the date of this order and every 30 days thereafter until such time an order from the state court is issued, Defendants shall file a report on the status of obtaining such an order. Within 30 days of the date the state court issues an order for release of records, Defendants shall produce such records to Plaintiff pursuant to his written discovery request and file notice with the Court that the documents have been produced. Concurrent with their notification, Defendants shall also file a statement as to their intention to stand on [80 ] Motion for Summary Judgment, or to file a further revised motion for summary judgment. Pending compliance with the above, briefing on 80 Motion for Summary Judgment is SUSPENDED and 81 Motion for Extension of Time is DENIED as MOOT.CASE STAYED. (Deputy Clerk HAH)
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Filing
74
ORDER signed by Magistrate Judge Dennis M. Cota on 7/3/2025 GRANTING plaintiff's 65 unopposed motion to re-open discovery. Consistent with the Court's prior 55 scheduling order, discovery shall be completed by 10/2/2025. Dispositiv e motions shall be filed within 90 days after the date for completion of discovery. Briefing on defendants' pending 67 motion for summary judgment shall be held in abeyance until such time as discovery in this case has been completed. On or before 11/3/2025, defendants shall inform the Court whether they intend to stand on the pending motion for summary judgment or will be filing a revised motion for summary judgment by the new deadline set above. Plaintiff's 68 , 69 , 70 , 71 , 72 , 73 motions for an extension of time to file an opposition to defendants' pending motion for summary judgement are DENIED as moot. The Clerk shall terminate ECF No. 67 as a pending motion. (Deputy Clerk KLY)
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Filing
64
ORDER signed by Magistrate Judge Dennis M. Cota on 6/12/2024 GRANTING 56 and 61 Motions to Modify the 55 Scheduling Order, DENYING 57 , 58 , 59 Motions to Compel as premature and without prejudice for renewal. Discovery is RE-OPENED and the parties are directed to continue to meet and confer for discovery, and complete the process 90 days from this order. Following the completion of the meet and confer, if necessary the final discovery completion deadline for this case is 120 days from this order. (Woodson, A)
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Filing
52
ORDER signed by Magistrate Judge Dennis M. Cota on 1/23/23 ORDERING that Defendants shall file a response to Plaintiff's fourth amended complaint within 30 days of the date of this order. (Kastilahn, A)
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Filing
50
ORDER signed by District Judge Troy L. Nunley on 04/05/22 ADOPTING 49 Findings and Recommendations in full DENYING 45 Motion to Dismiss; DISMISSING Plaintiff's Third Amended Complaint with 30 days LEAVE TO AMEND. (Benson, A.)
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Filing
49
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/20/22 RECOMMENDING that defendants' motion to dismiss be denied. Plaintiff be granted leave to file a 4th amended complaint to include a claim for relief. Motion 45 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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Filing
43
ORDER signed by Magistrate Judge Dennis M. Cota on 08/03/21 ORDERING that Defendants El Dorado County, the El Dorado County Public Guardian, Joan Barbie, and El Dorado County CPS shall file a response to Plaintiffs third amended complaint within 30 days of the date of this order.(Plummer, M)
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Filing
41
ORDER signed by Magistrate Judge Dennis M. Cota on 3/23/2021 STRIKING 28 Motion to Dismiss as going to a superseded complaint; GRANTING 38 Unopposed Motion to Amend the Complaint; ORDERING this case will proceed on 39 Third Amended Complaint; and ORDERING Clerk to terminated 28 Motion to Dismiss as a pending motion. (Henshaw, R)
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Filing
37
ORDER signed by District Judge Troy L. Nunley on 2/15/2021 ADOPTING 36 Findings and Recommendations in full; DENYING 26 Motion for Emergency Injunctive Relief, construed as a Motion For a Writ of Mandamus. (Zignago, K.)
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Filing
36
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/27/21 RECOMMENDING that plaintiff's "request for emergency injunctive relief", construed as a petition for writ of mandamus be denied. Request 26 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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Filing
32
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 9/23/2020 RECOMMENDING 28 Motion to Dismiss be granted; Plaintiff's claims be dismissed as time-barred; 26 Motion for Injunctive Relief be denied as moot; 31 Motion to Amend be denied as moot; Defendant Slossberg be dismissed pursuant to Federal Rule of Civil Procedure 4(m) for failure to effect timely service of process; and this action be dismissed in its entirety without leave to amend and with prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
16
ORDER signed by Magistrate Judge Dennis M. Cota on 07/16/19 ORDERING the Clerk of Court is directed to update the docket to remove El Dorado County Courts and Ken Barber as Defendants and to add Gary Slossberg and Julie Tingler as Defendants; and plaintiff may file a third amended complaint within 30 days of the date of service of this order. (Plummer, M)
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Filing
10
ORDER signed by Magistrate Judge Dennis M. Cota on 12/11/18 ORDERING that plaintiff may file a first amended complaint within 30 days of the date of service of this order. (Plummer, M)
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Filing
7
ORDER signed by Magistrate Judge Craig M. Kellison on 1/18/17 granting 3 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Also,DIRECTING MONTHLY PAYMENTS be made from Prison Account o f Brian Spears. 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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