Owens v. Defazio et al
| Theon Owens |
| Joseph Defazio, Jacob Burke, Matthew Brady, John Lebeck, David Matthews, Petyo Rashev, Paul Bettencourt, Steve Byers, David Martinez, Chris Drake, Roger Guffee, Jason Murillo, Landon Mercado, Kenneth Blessing, Ryan Couch, Jason Schultz, Cory Martincek, Lavra Eldridge, Alice Okoroike and Clover Staggs-Boatright |
| 2:2016cv02750 |
| November 21, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John A. Mendez |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
249
ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2021 VACATING 238 Motion for Court Order; VACATING 244 Motion to Compel; VACATING pretrial conference set for 12/31/2021; and VACATING jury trial set for 5/23/2022. (Henshaw, R)
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Filing
245
ORDER signed by Magistrate Judge Kendall J. Newman on 11/03/21 ORDERING the court will address plaintiffs motion to compel 244 following the November 17, 2021 settlement conference.(Plummer, M)
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Filing
242
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 10/4/2021 ORDERING the custodian to produce Theon Owens #V-60905, by Zoom video conference from his place of confinement, before Magistrate Judg e Kendall J. Newman, on 11/17/2021 at 9:00 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 the Courtroom Deputy. (cc: I.T. Dept., ADR)(Yin, K)
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Filing
240
ORDER signed by Magistrate Judge Kendall J. Newman on 8/6/2021 APPOINTING Attorney Michael E. Vinding for limited purpose counsel for plaintiff. This appointment is for the limited purpose of assisting plaintiff with preparing for and participa ting in a settlement conference. Michael E. Vinding's appointment will terminate 15 days after completion of the settlement conference, or any continuation of the settlement conference. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. (cc: Sujean Park) (Yin, K)
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Filing
237
ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2021 REFERRING this matter to the administrator of this District's pro bono panel of attorneys, Sujean Park Castelhano, for the identification of counsel to represent plaintiff at a settlement conference, and GRANTING plaintiff's 231 motion for appointment of counsel, as discussed in this order. (cc: Sujean Park Castelhano) (Yin, K)
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Filing
233
ORDER signed by District Judge John A. Mendez on 6/28/2021 ADOPTING 224 The Findings and Recommendations in full; Defendants' 216 Summary Judgment is GRANTED as to all claims against defendant Okoroike and Eldridge and Plaintiff's cla im alleging that defendant Schulz denied him due process by finding him guilty of a rules violation report based on insufficient evidence; Defendants' Summary Judgment Motion is DENIED in all other respects; Plaintiff's Motion for parti al Summary Judgment as to defendant Schultz 181 is GRANTED as to the claim that defendant Schultz violated Plaintiff's right to due process when he denied Plaintiff's request to present documentary evidence at the disciplinary hearing ; Plaintiff's Motion for partial Summary Judgment as to defendants Schultz and Eldridge 181 is DENIED in all other respects; and DENYING 182 , 193 , 206 Motions for Summary Judgment. Plaintiff's 228 Motion for an extension of time to file his objections is GRANTED. (Mena-Sanchez, L)
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Filing
224
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/03/21 RECOMMENDING that defendants summary judgment motion 216 be granted as to all claims against defendant Okoroike and Eldridge and plaintiffs claim alleging that d efendant Schultz denied him due process by finding him guilty of a rules violation report based on insufficient evidence; defendants summary judgment motion should be denied in all other respects. Plaintiffs motion for partial summary judgment as to defendant Schultz 181 be granted as to the claim that defendant Schultz violated plaintiffs right to due process when he denied plaintiffs request to present documentary evidence at the disciplinary hearing; plaintiffs motion for partial summary ju dgment as to defendants Schultz and Eldridge 181 be denied in all other respects. Plaintiffs motions for partial summary judgment 182 , 193 , 203 be denied. Motions 181 , 182 , 193 , 203 , 216 referred to District Judge John A. Mendez. Objections due within 14 days.(Plummer, M) Modified on 3/3/2021 (Plummer, M).
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Filing
219
ORDER signed by Magistrate Judge Kendall J. Newman on 12/9/2020 GRANTING 218 Motion for Extension of Time. Plaintiff to file and serve his opposition to 216 Motion for Summary Judgment and reply to 217 Opposition on or before 1/4/2021. (Henshaw, R)
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Filing
214
ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/2020 GRANTING defendants' 212 request to extend the dispositive motions deadline to 11/11/2020. (Yin, K)
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Filing
213
ORDER signed by District Judge John A. Mendez on 11/4/2020 ORDERING that, upon reconsideration, the order of the magistrate judge filed 9/24/2020 is AFFIRMED. (Zignago, K.)
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Filing
209
ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/2020 ORDERING plaintiff's 191 motion for a copy of inmate Sanchez's declaration is deemed resolved; and plaintiff's 205 objections to the 9/21/2020 order are DISREGARDED. (Yin, K)
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Filing
198
ORDER signed by Magistrate Judge Kendall J. Newman on 9/21/2020 ORDERING defendants may file one opposition addressing all of plaintiff's motions for partial summary judgment; defendants may calculate the deadline for their opposition to plaintiff's motions for partial summary judgment from the date of service of the final partial summary judgment motion. (Yin, K)
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Filing
194
ORDER signed by Magistrate Judge Kendall J. Newman on 9/17/2020 ORDERING the Clerk to file under seal plaintiff's 9/14/2020 motion to file exhibits under seal, and the documents attached to this motion. The Clerk is directed to file under seal plaintiff's 192 motion for a competency hearing. (Zignago, K.)
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Filing
190
ORDER signed by Magistrate Judge Kendall J. Newman on 09/08/20 ORDERING that plaintiff's inquiry regarding the status of his motions to compel is deemed resolved. (Plummer, M)
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Filing
175
ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/2020 ORDERING Defendants to inform the court whether they provided Plaintiff with signed and dated responses to his interrogatories within 14 days of the date of this order and DENYING Plaint iff's 12/18/2019 Motion to Compel in all other respects; DEEMING RESOLVED matters regarding Plaintiff's review of the documents ordered by Magistrate Judge Kendall Newman on 2/21/2020; and GRANTING parties 60 days from the date of this order to file dispositive motions. (Henshaw, R)
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Filing
169
ORDER signed by Magistrate Judge Kendall J. Newman on 5/4/2020 DENYING 167 Motion for Extension of Time to File a Motion to Compel; ORDERING within 30 days of the date of this order, defendants to file a response to plaintiff's claim in [167 ] Motion for Extension of Time that he was not permitted to review all the documents ordered on 2/21/2020; and ORDERING within 30 days of the date of this order, defendants to file a response to plaintiff's 12/18/2019 Motion to Compel further responses to interrogatory nos. 5-11, 13, and 18. (Henshaw, R)
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Filing
168
ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/2020 DENYING 160 Motion to Consolidate and DENYING 161 Motion to Stay this Action. (Henshaw, R)
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Filing
165
ORDER signed by District Judge John A. Mendez on 4/21/2020 ADOPTING 155 Findings and Recommendations in full; DENYING 138 Motion for Preliminary Injunction. (Zignago, K.)
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Filing
158
ORDER signed by Magistrate Judge Kendall J. Newman on 03/04/20 DENYING 146 Motion to Compel. Within thirty days of the date of this order, defendants shall file a response to the December 23, 2019 motion to compel addressing their responses to interrogatories served on June 14, 2018; plaintiff may file a reply within twenty-one days thereafter. (Plummer, M) Modified on 3/5/2020 (Plummer, M).
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Filing
156
ORDER signed by Magistrate Judge Kendall J. Newman on 2/21/2020 DEEMING RESOLVED 137 Amended Motion to Compel; ORDERING Defendants to arrange, within 30 days of the date of this order, with CSP-Sac Litigation Coordinator for Plaintiff to review the redacted documents; and DISCHARGING 153 Order to Show Cause. (Henshaw, R)
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Filing
153
ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 02/05/20 ORDERING that within 7 days of the date of this order, defendants shall show cause why sanctions should not be imposed for their failure to comply with the January 10, 2020 order.(Plummer, M)
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Filing
151
ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/020 ORDERING plaintiff's 137 motion to compel is DENIED as to request for production of things nos. 2, 5, 7, 10, 11, 12; within fourteen days of the date of this order, defendants shall file a further response to request for production of things no. 1, as discussed in this order. Plaintiff's 137 motion to compel is DENIED as to request for production of documents nos. 12 and 19; within 14 days defendants shall submit, for in camera review, two copies of the documents sought in request for production of documents nos. 1-11 and 21; one copy shall be clean, and one copy shall contain proposed redactions. (Yin, K)
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Filing
142
ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/19 ORDERING that within 14 days of the date of this order, defendants shall file a response to plaintiff's amended motion to compel filed 10/24/19. (Plummer, M)
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Filing
140
ORDER signed by District Judge John A. Mendez on 11/14/19 ORDERING that the order of the Magistrate Judge filed October 7, 2019, is AFFIRMED. (Kaminski, H)
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Filing
139
ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/19 GRANTING 136 Motion to file under seal his motion for a competency hearing and for appointment of a guardian ad litem, and the attached medical records and DENYING plaintiff's motion for a competency hearing and for appointment of a guardian ad litem. (Plummer, M)
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Filing
134
ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2019 DENYING 95 Motion to Compel with the following exceptions: defendants shall provide a further response to request for admissions no. 2; defendant Okoroike shall provide a further resp onse to request for admission no. 5; defendant Martincek shall provide a further response to request for admission no. 11; the further responses are due within thirty days of the date of this order; GRANTING Defendants 30 days from the date of this o rder to provide Plaintiff with responses to the interrogatories served 6/14/2018 and Plaintiff may file a motion to compel within 30 days thereafter; DENYING 93 Motion to Compel and GRANTING Plaintiff 30 days from the date of this order to fil an a mended motion to compel regarding his request for inspection of things and request for production of documents addressed in the 7/16/2018 motion to compel; DEEMING RESOLVED 113 Motion for Court Assistance to Set Up Depositions by Written Questions; and ORDERING Plaintiff may serve Defendants with 10 additional interrogatories within 30 days of the date of this order, Defendants' responses are due 30 days thereafter, Plaintiff may file a motion to compel within 30 days thereafter. (Henshaw, R)
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Filing
124
ORDER signed by Magistrate Judge Kendall J. Newman on 7/19/19 ORDERING plaintiffs June 4, 2018 motion for third party production of documents 88 ,July 16, 2018 motion to compel 93 , July 20, 2018 motion to compel 95 ,and August 10, 2018 motion to compel 98 are reinstated. Plaintiffs June 4, 2018 motion for third party production of documents 88 is denied. Plaintiffs August 10, 2018 motion to compel 98 is denied. Within 30 days of the date of this order, defendants shall file a response to plaintiffs motions to compel filed July 16, 2018, and July 20, 2018 93 , 95 . Within 21 days of the date of this order, defendants shall file a response to plaintiffs April 9, 2019 motion for court assistance to set up depositions by written question 113 . Plaintiffs June 24, 2019 motion for appointment of counsel 120 is denied.(Plummer, M)
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Filing
119
ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/19 GRANTING 102 Motion to Compel; within thirty days of the date of this order, Plaintiff shall provide defendants with an amended response to the request for production of documents served 7/27/18 in compliance with this order; Defendants' Motion for sanctions is DENIED without prejudice; Plaintiff's Motion for return of legal property 104 is DENIED. (Mena-Sanchez, L)
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Filing
116
ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/2019 ORDERING Defendants to file further briefing, as discussed in this Order, within 10 days of the date of this Order. (Henshaw, R)
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Filing
105
ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/2018 VACATING plaintiff's 98 motion to compel, without prejudice, to its reinstatement following resolution of defendants' 10/5/2018 motion to compel. (Yin, K)
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Filing
96
ORDER signed by Magistrate Judge Kendall J. Newman on 7/27/18 GRANTING IN PART 83 Motion to Compel. Defendants motion to compel is granted with respect to the request that plaintiff be ordered to appear for and answer questions at a deposition; w ithin twenty days of the date of this order, defendants shall serve plaintiff with a notice of deposition and request for production of documents. Defendants motion to compel is granted with respect to request for production of documents nos. 1 and 4 , and denied with respect to requests nos. 2 and 3. Defendants' request for sanctions is DENIED. Plaintiffs motion for third party production of documents 88 and motions to compel 93 and 95 ) are VACATED pending reinstatement following plaintiffs deposition. The August 10, 2018 discovery deadline and November 2, 2018 dispositive motion deadline are VACATED. Plaintiffs motion to file a sur-reply 94 is denied. (Plummer, M)
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Filing
89
ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/2018 GRANTING defendants' 82 motion to strike plaintiff's reply to the answer. (Yin, K)
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Filing
76
ORDER signed by Magistrate Judge Kendall J. Newman on 03/22/18 GRANTING 66 Motion to Strike the declaration of inmate Sanchez. The declaration filed by inmate Sanchez 59 is stricken. Plaintiff's motion to strike 69 and defendants' motion to strike 74 are DENIED. (Plummer, M)
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Filing
75
ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 03/19/18 ORDERING that Defendants' 37 Motion to Dismiss is GRANTED in part and DENIED in part as follows: GRANTED as to following claims: a) claim alleging defendants Byers and Rashev denied plaintiff food; b) conspiracy claim against defendant Staggs-Boatright; c) claim that defendant Okoroike denied plaintiff medical care in violation of the Eighth Amendment; d) claim alleging ver bal harassment by defendant Mercado;e) due process claim against defendant Couch; f) claim that defendant Eldridge violated due process by upholding alleged misconduct by defendant Couch; and DENIED as to the following claims: a) claim alleging d efendant Rashev used excessive force; b) failure to intervene claims against defendants Guffee and Matthews; c) claim alleging defendant Mercado denied plaintiff an ice pack; d) conspiracy claim against defendant Okoroike; e) conspiracy claim agai nst defendant Martineck; f) claims alleging due process violations by defendants Schultz and Eldridge based on alleged denial of request to call witnesses and present documentary evidence, and insufficient evidence to support disciplinary conviction. Defendants Rashev, Guffee, Matthews, Mercado, Okoroike, Martinick, Schultz and Eldridge to file an answer within 30 days. (Benson, A.)
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Filing
64
ORDER signed by Magistrate Judge Kendall J. Newman on 1/18/2018 DENYING 60 Motion to Strike. Defendants granted 14 days from the date of this order to file a reply to Plaintiff's amended objections. (Henshaw, R)
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Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/17 ORDERING The Clerk of the Court is directed to re-serve plaintiff with the findings and recommendations 49 . Plaintiff is granted thirty days from the date of this order to file new objections or inform the court that he intends to stand on either the original or amended objections, previously filed.(Plummer, M)
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Filing
49
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/3/2017 DENYING 43 Motion for Entry of Default; GRANTING Request for Extension of Time by defendants Blessing, Drake, Murillo, Martinez, Bettencourt, Lebeck, Brady, Burke, and DeFazio who shall all file an answer to the complaint on or before 30 days after the court issues a final ruling on the Motion to Dismiss; and RECOMMENDING 37 Motion to Dismiss be partially granted and partially denied, as detail ed in this Order and Findings and Recommendations, and defendants Rashev, Guffee, Matthews, Mercado, Okoroike, Martinick, Schultz, and Eldridge be ordered to file an answer within 30 days of the adoption of findings and recommendations. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
40
ORDER signed by Magistrate Judge Kendall J. Newman on 8/15/2017 GRANTING 39 Motion for Extension of Time. Plaintiff is granted 30 days from the date of this order in which to file an opposition. Defendants' reply, if any, to be filed within 7 days thereafter. (Henshaw, R)
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Filing
33
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 6/6/2017 ORDERING the Custodian to produce Theon Owens at 9:00 a.m. on June 13, 2017 in Courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Henshaw, R)
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Filing
29
ORDER signed by District Judge John A. Mendez on 4/19/2017; ADOPTING in FULL 6 Findings and Recommendations; The defendant Dental is DISMISSED. (Washington, S)
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28
ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/17 ordering plaintiff's motion for clarification 27 is deemed resolved. (Plummer, M)
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Filing
22
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 3/2/2017. The parties shall file the attached notice re settlement conference within 30 days of this order. The assign ed DAG shall contact Courtroom Deputy, Matt Caspar, 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 Monica Anderson. (cc: Monica Anderson)(Yin, K)
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Filing
6
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/8/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this action; and it is RECOMMENDED that defendant Dental Department be dismissed. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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