Garces v. Pickett et al
| Luis Manuel Garces |
| J. Pickett, Barton, Schaake, S.L. Chapman, Hurbert, L. Lopez, R. Briggs and M. Voong |
| 2:2017cv00319 |
| February 10, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lassen |
| Allison Claire |
| John A. Mendez |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
225
ORDER signed by District Judge Dale A. Drozd on 2/20/2024 ADOPTING 220 The Findings and Recommendations in full; Plaintiff's 197 Motion for Summary Judgment is DENIED; Defendants' 204 Motion for Summary Judgment is GRANTED; and The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)
|
|
Filing
222
ORDER signed by Magistrate Judge Allison Claire on 11/21/2023 GRANTING 221 Motion for Extension of Time. Plaintiff has 21 days from the service of this Order to file objections.(Lopez, K)
|
|
Filing
220
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/25/2023 DENYING 215 Motion to Strike, GRANTING 217 Motion to Strike and STRIKING 216 Sur-Reply. It is further RECOMMENDED that 197 Motion for Summary Judgment be denied and 204 Motion for Summary Judgment be granted. Referred to Judge Dale A. Drozd. Objections due within 21 days after being served with these findings and recommendations.(Lopez, K)
|
|
Filing
209
ORDER signed by Magistrate Judge Allison Claire on 03/20/2023 GRANTING-IN-PART and DENYING-IN-PART the 208 Motion. Plaintiff is GRANTED an extension until 4/17/2023 to respond to the 204 Cross-Motion for Summary Judgment and the Motion to Appoint Counsel is DENIED. (Spichka, K.)
|
|
Filing
207
ORDER signed by Magistrate Judge Allison Claire on 2/27/23 that plaintiff's 205 motion for appointment of counsel and an extension of time is GRANTED in part. Plaintiff shall have 30 days from the service of this order to file a reply in support of his motion for summary judgment and a response to defendants' cross-motion for summary judgment. The motion is otherwise DENIED. (Kastilahn, A)
|
|
Filing
194
ORDER signed by Magistrate Judge Allison Claire on 9/6/2022 ORDERING that the parties may file dispositive motions within 45 days of the filing of this order. (Huang, H)
|
|
Filing
192
ORDER signed by Magistrate Judge Allison Claire on 8/10/22 DENYING 190 Motion for Extension of time and DENYING 191 Motion to submit trial materials. Defendants are no longer required to notify the court regarding the status of plaintiff's ability to review his deposition transcript. (Plummer, M)
|
|
Filing
189
ORDER signed by Magistrate Judge Allison Claire on 08/08/22 DENYING 185 Motion to Stay. Within 21 days of the filing of this order, defendants may file a motion to compel related to the sufficiency of plaintiff's responses to written discovery, as set forth in the= June 25, 2021 order 161 . Within 14 days of the filing of this order, defendants shall file a notice regardingthe status of plaintiff's ability to review his deposition transcript as set forth above. (Plummer, M)
|
|
Filing
184
ORDER signed by Magistrate Judge Allison Claire on 05/16/22 GRANTING 183 Motion to depose plaintiff. Defendants shall depose Plaintiff on or before July 22, 2022. (Plummer, M)
|
|
Filing
182
ORDER signed by Magistrate Judge Allison Claire on 4/7/2022 GRANTING defendants' 171 motion to compel plaintiff's deposition; DENYING defendants' 171 request for monetary sanctions; DENYING plaintiff's 172 request for a conference; DENYING plaintiff's 172 , 178 requests to have the deposition conducted before the undersigned and to compel discovery responses from defendants; and DISREGARDING plaintiff's 181 surreply. Within 45 days, defendants ma y take plaintiff's 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 14 days before such a deposition. Plaintiff shall fully parti cipate in his deposition and provide his testimony at the deposition in Spanish through the use of Spanish translators. If plaintiff refuses to fully participate in his deposition or refuses to testify in Spanish through a translator, defendants may bring a motion for sanctions within 14 days of being advised of plaintiff's refusal. (Yin, K)
|
|
Filing
169
ORDER signed by Magistrate Judge Allison Claire on 08/06/21 DENYING 168 Motion to depose defendants by written question. (Plummer, M)
|
|
Filing
167
ORDER signed by District Judge John A. Mendez on 7/29/21 ORDERING that plaintiff's objections are OVERRULED and the 6/15/21 Order is AFFIRMED. (Kastilahn, A)
|
|
Filing
166
ORDER signed by Magistrate Judge Allison Claire on 07/27/2021 GRANTNG 165 Motion for Extension of Time. Defendants shall take Plaintiff's Deposition by 08/12/2021 and file any necessary Motions to Compel by 08/27/2021.(Rodriguez, E)
|
|
Filing
161
ORDER signed by Magistrate Judge Allison Claire on 6/25/2021 ORDERING plaintiff's 158 request for entry of default is construed as a motion to compel and is DENIED. Defendants' 139 motion to compel is GRANTED IN PART and DENIED IN PAR T. Discovery is RE-OPENED for the limited purpose of allowing defendants to depose plaintiff and file any necessary motions to compel or for sanctions as set forth below. Within forty-five days, defendants may take plaintiff's deposition, eithe r 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, defend ants may bring a motion for sanctions within fourteen days of being advised of plaintiff's refusal. Within thirty days, defendants may, if necessary, file a motion to compel further responses to their requests for production and interrogatories. (Zignago, K.)
|
|
Filing
156
ORDER signed by Magistrate Judge Allison Claire on 6/15/21 GRANTING 155 Request o file the redacted document bates stamped as AGO_POD_000069-70 underseal. Defendants shall submit the documents to the Clerk of the Court in accordance with Local Rul e 141(e)(2). The Clerk of the Court is directed to keep the documents under seal for the duration of this litigation and then destroy the records at the conclusion of the case, or return it to defense counsel for disposal. Only Defendants, Defendants counsel, and the Court are permitted access to the documents. (Plummer, M)
|
|
Filing
153
ORDER signed by Magistrate Judge Allison Claire on 6/7/2021 DENYING plaintiff's 152 motion to compel. At this time, defendants are no longer required to provide plaintiff with copies of any portions of his confidential central file related to his transfer to High Desert State Prison that identified any safety concerns related to the 2-5ers gang generally. If defendants discover documentation showing that Zamora was a known member of the 2-5ers gang prior to his assault on plaintiff, they will be obligated to provide the documentation related to plaintiff's safety concerns. (Yin, K)
|
|
Filing
151
ORDER signed by Magistrate Judge Allison Claire on 6/1/2021 GRANTING 150 Motion for Extension of Time; ORDERING Defendants to provide Plaintiff the ability to review any sensitive documents, as provided in 145 Order at 12:22-13:2, and file the required notice within 7 days of Plaintiff's review; and ORDERING Plaintiff may file by 6/25/2021 any necessary motion for sanctions if Defendants fail to comply with this order. (Henshaw, R)
|
|
Filing
145
ORDER signed by Magistrate Judge Allison Claire on 03/15/21 ORDERING Within 14 days of the service of this order, plaintiff shall file a response todefendants motion to compel. The March 16, 2021 dispositive motions deadline is VACATED and will be r e-set upon resolution of the outstanding discovery disputes. Plaintiffs motion to compel, 123 , is GRANTED in part and DENIED inpart. Within 45 days of the service of this order, plaintiff may file any necessary motion for sanctions if defendants fa il to comply with this order. Plaintiffs motion for reconsideration, 133 , is DENIED. Plaintiffs motion to stay discovery, 134 , is construed as a motion for extension of time a and is DENIED. Plaintiffs motion to stay his deadline to respond to defendants discovery requests, 137 at 93-115, is DENIED. Plaintiffs motion for counsel, 140 , is DENIED. Plaintiffs motion to stay his deposition, 141 , is DENIED. (Plummer, M)
|
|
Filing
129
ORDER signed by Magistrate Judge Allison Claire on 10/9/2020 GRANTING 128 Motion to Vacate and Modify the Discovery and Scheduling Order, to Extend the Discovery and Dispositive Motions Deadlines; VACATING the current Discovery and Dispositive Mot ions Deadlines; GRANTING Defendants until 12/22/2020 to take Plaintiff's deposition in accordance with this order; and ORDERING Pretrial Motions, except Motions to Compel Discovery, to be filed on or before 3/16/2021. All other provisions of 115 Discovery and Scheduling Order remain in effect. (Henshaw, R)
|
|
Filing
121
ORDER signed by Magistrate Judge Allison Claire on 7/28/2020 DENYING 120 Motion to Compel. (Henshaw, R)
|
|
Filing
119
ORDER signed by Magistrate Judge Allison Claire on 7/21/2020 GRANTING 117 Motion for Extension of Time. Defendants to serve responses to Plaintiff's pending request for production of documents, dated 4/16/2019, on or before 8/6/2020. (Henshaw, R)
|
|
Filing
118
ORDER signed by Magistrate Judge Allison Claire on 7/20/2020 DENYING 116 Motion to Appoint Counsel. (Tupolo, A)
|
|
Filing
114
ORDER signed by District Judge John A. Mendez on 6/22/2020 ADOPTING 105 Findings and Recommendations in full. DENYING 66 Defendants' Motion for Judgment on the Pleadings; The grievance and property claims against Defendants Pickett and Chapman are DISMISSED without leave to amend for the reasons set forth in Section V of the screening order 21 at 4-6. (Mena-Sanchez, L)
|
|
Filing
111
ORDER signed by Magistrate Judge Allison Claire on 05/12/2020 GRANTING 108 and 109 Motions for Extension of Time. Plaintiff's Response to defendants' Objections due within 14 days from the service of this order.(Tupolo, A)
|
|
Filing
105
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/30/2020 RECOMMENDING 66 Motion for Judgement on the Pleadings be denied and the grievance and property claims against defendants Pickett and Chapman be dismissed without leave to amend. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations. (Henshaw, R)
|
|
Filing
94
ORDER signed by Magistrate Judge Allison Claire on 11/13/19 ORDERING that within 14 days of the filing of this order, defendants shall respond to the allegations in plaintiff's 93 motion for an extension of time that his opposition was seized by prison staff. (Plummer, M)
|
|
Filing
92
ORDER signed by Magistrate Judge Allison Claire on 10/24/19 ORDERING that within 21 days of the service of this order plaintiff shall respond to defendants motion for judgment on the pleadings. No further extensions will be granted and failure to respond to the motion will result in a recommendation that this action be dismissed for failure to prosecute.(Plummer, M)
|
|
Filing
91
ORDER signed by Magistrate Judge Allison Claire on 8/28/2019 DENYING 89 Motion for Copies. (Henshaw, R)
|
|
Filing
88
ORDER signed by Magistrate Judge Allison Claire on 7/29/2019 GRANTING 87 Motion for Extension of Time. Plaintiff to have up to 9/13/2019 to file a response to 66 Motion for Judgement on the Pleadings. (Henshaw, R)
|
|
Filing
86
ORDER signed by Magistrate Judge Allison Claire on 7/15/2019 GRANTING 85 Motion for Extension of Time. Plaintiff shall have 30 days from the date of this order in which to file an opposition to 66 Motion for Judgement on the Pleadings. (Henshaw, R)
|
|
Filing
84
ORDER signed by Magistrate Judge Allison Claire on 06/17/19 GRANTING IN PART 80 plaintiff's motion for extension of time. Plaintiff shall have an additional ten days, up to July 11, 2019, in which to file and serve an opposition to defendants motion for judgment on the pleadings; DENYING 80 plaintiff's request to reconsider the order granting defendants' motion for protective order; DENYING 83 plaintiff's motion for appointment of counsel; DENYING 82 motion to delay his deposition. The clerk of the court is directed to serve plaintiff a copy of this court's order filed 5/29/19 76 . (Plummer, M)
|
|
Filing
79
ORDER signed by Magistrate Judge Allison Claire on 6/13/19 DENYING plaintiff's 77 motion to Compel without prejudice. (Becknal, R)
|
|
Filing
76
ORDER signed by Magistrate Judge Allison Claire on 5/28/2019 GRANTING plaintiff's 74 motion for an extension of time to respond to defendants' motion for judgment on the pleadings and DENYING as moot plaintiff's 75 motion for a stay. Plaintiff shall have 30 days from the service of this order to respond to defendants' motion. (Yin, K)
|
|
Filing
72
ORDER signed by Magistrate Judge Allison Claire on 05/15/19 DENYING 70 Motion to Amend. The Clerk of the Court is directed to strike the proposed first amended complaint 71 from the record. Plaintiff is still required to respond to defendants motion for judgment on the pleadings, and failure to do so will result in a recommendation that this action be dismissed for failure to prosecute. (Plummer, M)
|
|
Filing
68
ORDER signed by Magistrate Judge Allison Claire on 5/9/2019 GRANTING defendant' 67 motion for a protective order staying discovery. The deadlines for responding to any discovery requests that have already been served are STAYED and all ot her deadlines set forth in the 4/9/19 discovery and scheduling order are VACATED. New deadlines will be set, as necessary, upon resolution of the pending motion for judgment on the pleadings. Within 21 days, plaintiff shall file a response to the motion for judgment on the pleadings. (Yin, K)
|
|
Filing
65
ORDER signed by Magistrate Judge Allison Claire on 05/08/19 DENYING 64 Motion for a court order. (Plummer, M)
|
|
Filing
62
ORDER signed by Magistrate Judge Allison Claire on 4/26/2019 STRIKING 61 Memorandum. (Henshaw, R)
|
|
Filing
59
ORDER signed by Magistrate Judge Allison Claire on 4/08/19 GRANTING 58 defendants' request to opt out of the post-screening ADR Project. The stay of this action, commencing 3/19/19 53 is LIFTED. The 5/20/19 settlement conference before Ma gistrate Judge Kendall Newman is VACATED. The writ of habeas corpus ad testificandum directing the Warden to produce plaintiff for the settlement conference 57 is VACATED. The Clerk of the Court is directed to serve a copy of this order on the Warden of California Men's Colony at P.O. Box 8101, San Luis Obispo, CA 93409 and a courtesy copy by fax on the Litigation Coordinator at California Men's Coloney at 805-547-7791. (cc: KJN and OTCD) (Plummer, M)
|
|
Filing
57
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 04/04/19 ORDERING the Custodian to produce Luis Manuel Garces on 5/20/19 at 1:30 p.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Custodian is ordered to notify the court of any changes in custody and to provide the 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: KJN and OTCD) (Plummer, M)
|
|
Filing
53
ORDER signed by Magistrate Judge Allison Claire on 03/19/19 DENYING 45 motion for a court order directing defendants to respond to the complaint and 49 Motion for Extension of Time to file his opposition to the answer. Plaintiff's request f or a copy of the proof of service 46 is granted and the Clerk of the Court is directed to send plaintiff a copy of the waivers of service 48 . This action is stayed for 120 days to allow the parties an opportunity to settle their dispute before th e discovery process begins. Except as provided herein or by subsequent court order, no other pleadings or other documents may be filed in this case during the stay of this action. The parties shall not engage in formal discovery, but the parties may elect to engage in informal discovery. Within thirty days from the date of this order, plaintiff shall file the attached notice informing the court how he wishes to appear at the settlement conference. At least seven days prior to the settlement conf erence, each party shall submit a confidential settlement conference statement, as described above, to the settlement judge. Defendant shall e-mail the settlement conference statement to the settlement judges proposed orders e-mail address. Plaintiff shall place his settlement conference statement in the U.S. mail addressed to the settlement judge, United States District Court, 501 I Street, Sacramento, CA 95814. Plaintiff shall mail his settlement conference statement so that it is received by the court at least seven days before the settlement conference. (Plummer, M)
|
|
Filing
44
ORDER signed by Magistrate Judge Allison Claire on 1/16/2019 DENYING plaintiff's 39 motion for the appointment of counsel and DENYING plaintiff's 38 motion to amend. (Yin, K)
|
|
Filing
36
ORDER signed by Magistrate Judge Allison Claire on 12/20/18 DENYING 34 plaintiff's request for entry of default. (Plummer, M)
|
|
Filing
33
ORDER signed by District Judge John A. Mendez on 12/10/18 ADOPTING 21 Findings and Recommendations in full. Plaintiff's property and grievance claims and defendants Barton, Schaake, Hurbert, Lopez, Briggs, and Voong are dismissed without leave to amend. (Coll, A)
|
|
Filing
26
ORDER signed by Magistrate Judge Allison Claire on 10/26/18 GRANTING 25 Motion for Extension. Plaintiff is GRANTED 30 days from the date of this order in which to file objections to 21 Findings and Recommendations. (Coll, A)
|
|
Filing
22
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Luis Manuel Garces signed by Magistrate Judge Allison Claire on 09/28/18. 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)
|
|
Filing
21
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/28/18 GRANTING 2 , 19 request for leave to proceed in forma pauperis and DENYING 20 plaintiff's motion for appointment of counsel. Plaintiff is obligate d to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. The clerk of the court is directed to serve plaintiff with a copy of this orde r and findings and recommendations at both his address of record and at California Men's Colony, PO Box 8103, San Luis Obispo, CA 93409-8103. Within 30 days from the date of this order, plaintiff must notify the court of his correct address. S ervice is appropriate for defendants Pickett and Chapman on plaintiff's claim that they failed to protect him, as set forth above in Section IV. The clerk of the court shall send plaintiff 2 USM-285 forms, 1 summons, instruction sheet and a copy of the complaint filed 2/10/17 1 to be completed and returned within 30 days. Also, RECOMMENDING that as set forth above in Section V, plaintiff's property and grievance claims and defendants Barton, Schaake, Hurbert, Lopez, Briggs and Voong be dismissed without leave to amend. Referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
|
|
Filing
14
ORDER denying 10 Motion to Stay signed by Magistrate Judge Allison Claire on 4/13/17. (Plummer, M)
|
|
Filing
9
ORDER denying 3 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 03/17/17. (Plummer, M)
|
|
Filing
4
ORDER Transferring Case to the Sacramento Division of the Eastern District of CA, signed by Magistrate Judge Sheila K. Oberto on 02/14/17. (Martin-Gill, S)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
