Coleman v. Virga et al
| Robert E. Coleman |
| T. Virga, Jeff Macomber, California Department of Corrections and Rehabilitation, Director of CDCR, SAC ICC, T. Hinrichs, M. Rustad, R. L. Heise, Jr., C. Hord and B. Strohmaier |
| 2:2017cv00851 |
| April 24, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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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
107
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING in FULL 103 Findings and Recommendations. GRANTING 80 Motion for Summary Judgment. DENYING 84 Cross Motion for Summary Judgment, and the Clerk of the Court is directed to enter judgment and close tis case. CASE CLOSED(Reader, L)
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Filing
103
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/4/2022 ORDERING, upon reconsideration, defendants' 90 motion to strike plaintiff's sur-reply; and RECOMMENDING plaintiff's 84 cross-motion for summary judgment be denied, and defendants' 80 summary judgment motion be granted for the reasons discussed in these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
102
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/29/2021 FINDINGS AND RECOMMENDATIONS 98 are NOT ADOPTED at this time. Plaintiff's cross-motion for summary judgement 84 is timely filed, and this matter is REFERRED back to the assigned magistrate judge for further proceedings consistent with this order.(Reader, L)
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Filing
98
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/8/2021 GRANTING defendants' 90 motion to strike plaintiff's sur-reply, except for plaintiff's declaration attached to the sur-reply; DENYING pl aintiff's 92 motion to for sanctions, motion for appointment of counsel and motion for appointment of expert witness; DENYING plaintiff's 93 supplemental motion for sanctions; and DENYING plaintiff's 94 motion to amend the ev idence. IT IS RECOMMENDED that plaintiff's 84 cross-motion for summary judgment be stricken as untimely; and defendants' 80 summary judgment motion be granted. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
79
ORDER signed by Magistrate Judge Kendall J. Newman on 5/26/2020 DENYING without prejudice plaintiff's 77 motion for the appointment of counsel. (Yin, K)
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Filing
78
ORDER signed by Magistrate Judge Kendall J. Newman on 05/20/2020 DENYING 68 Motion to Compel in all respects but for request for admission no. 1 addressed to defendant Virga, request for admission nos. 1 and 2 addressed to defendant Hinrich, and request for production of documents no. 5; defendants shall provide plaintiff with further responses to these requests within 30 days of the date of this order. (Tupolo, A)
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Filing
76
ORDER signed by Magistrate Judge Kendall J. Newman on 5/01/20 GRANTING 74 Motion to modify the scheduling order. The time to file dispositive motions is extended to June 12, 2020. (Plummer, M)
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Filing
75
ORDER signed by Magistrate Judge Kendall J. Newman on 4/30/20 DENYING 73 Motion to Appoint Counsel and DENYING plaintiff's request for a second settlement conference to defendants also joining in the request. (Plummer, M)
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Filing
70
ORDER signed by Magistrate Judge Kendall J. Newman on 2/27/2020 GRANTING 69 Motion for Extension of Time. Defendants to file their opposition to 68 Motion to Compel on or before 3/10/2020. (Henshaw, R)
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Filing
61
ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/2019 DENYING plaintiff's 50 motion for omitted counterclaim, 60 motion to reinstate his motion to compel filed 6/24/2019, 49 motion to compel, 59 request for a subpoena. (Zignago, K.)
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Filing
56
ORDER signed by District Judge Kimberly J. Mueller on 9/4/19 ORDERING that Plaintiff's motion for reconsideration 54 is construed as objections to the findings and recommendations; Sections I, II, III and V of the findings and recommendations filed 7/3/19 are ADOPTED in full; section IV,1 comprising page 7:3 to page 13:24, of the findings and recommendations filed 7/3/19 is NOT ADOPTED; Plaintiff's motion to amend 47 is DENIED; Defendants' motion to dismiss 41 is DENIED w ithout prejudice to defendants' right to seek summary judgment on the merits of plaintiff's claims against defendants Haring, Hinrich, Lynch and Virga and on the grounds these defendants are entitled to qualified immunity, and this matter is REFERRED back to the assigned magistrate judge for further proceedings consistent with this order. (Becknal, R)
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Filing
53
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/03/19 VACATING 45 Findings and Recommendations and DENYING 49 Motion to Compel. Defendants Curren, Wright and Wolcott are dismissed pursuant to FRCP 41(a). Also, RECOMMENDING that plaintiff's motion to amend 47 be denied. Defendants' motion to dismiss 41 be granted. Motions 41 and 47 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
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Filing
46
ORDER signed by Magistrate Judge Kendall J. Newman on 05/14/19 ORDERING that, within thirty days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Plummer, M)
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Filing
45
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/10/19 RECOMMENDING that defendant Curren be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&Rs due within 14 days. (Benson, A.)
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Filing
30
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to sch edule 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) signed by Magistrate Judge Kendall J. Newman on 06/05/18. (Plummer, M)
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Filing
26
ORDER signed by District Judge Kimberly J. Mueller on 5/15/2018 ADOPTING in FULL 24 Findings and Recommendations; DENYING 15 Motion for Injunctive Relief. (Washington, S)
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Filing
24
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/26/2018 RECOMMENDING plaintiff's 15 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
23
ORDER signed by District Judge Kimberly J. Mueller on 3/19/18 ADOPTING 16 FINDINGS AND RECOMMENDATIONS in full. Defendants CDCR, Jordan, Morris, Papikian, Barrena, Soto Moyle, Estrada, Doshna,Kernan and Avila are dismissed. (Kaminski, H)
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Filing
16
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/26/2018 ORDERING Clerk of Court to assign a district judge to this action and RECOMMENDING defendants CDCR, Jordan, Morris, Papikian, Barrena, Soto, Moyle, Estrada, Doshna, Kernan and Avila be dismissed. Assigned and referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
9
ORDER signed by Magistrate Judge Kendall J. Newman on 7/27/2017 GRANTING 2 and 8 Motions to Proceed IFP; DENYING 3 Motion for Injunctive Relief; and DISMISSING 1 Complaint. Within 30 days from the date of this order, Plaintiff to complete and submit Notice of Amendment with Amended Complaint. Plaintiff is obligated to pay the filing fee of $350. All fees collected and paid in accordance with this court's order to the CDCR filed concurrently herewith. (Henshaw, R)
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