Lawson v. Tehama County et al
| Lee Lawson |
| Tehama County, Roger Meyer, Buck Squire, Jerry Jungwirth, Keith Curl and Weston |
| 2:2017cv01276 |
| June 22, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| Troy L. Nunley |
| Other Civil Rights |
| 42 U.S.C. ยง 1981 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
69
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/14/2019 RECOMMENDING that the 61 motion for summary judgment be granted. Summary judgment be granted in favor of defendants as to all of plaintiff's fede ral claims pursuant to 28 U.S.C. § 1983. The court decline to exercise supplemental jurisdiction over plaintiff's state law trespass claim against defendant Roger Meyer. Defendant Roger Meyer's 62 motion for summary judgment be DENI ED without prejudice as moot. The clerk of court be directed to vacate all dates and close this case. IT IS ALSO HEREBY ORDERED that all motion practice in this action is STAYED pending resolution of the findings and recommendations. Motions referred to Judge Troy L. Nunley. Objections to F&R due within 14 days. (Zignago, K.)
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Filing
67
ORDER signed by District Judge Troy L. Nunley on 1/25/19 ADOPTING 60 FINDINGS AND RECOMMENDATIONS and DENYING 51 Motion to Amend. (Kastilahn, A)
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Filing
60
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/7/18 RECOMMENDING that plaintiff's 51 motion to amend the second amended complaint be DENIED. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Matter REFERRED to District Judge Troy L. Nunley. (Kastilahn, A)
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Filing
45
ORDER in full adopting 41 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 8/22/18. Plaintiff's Fourth Amendment claim is dismissed from this action. The action shall proceed on the equal protection/substantive due process claim against the county Defendants and the trespass claim against Defendant Meyers. (Kastilahn, A)
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Filing
42
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/30/18, ORDERING that non-expert discovery must be completed no later than 11/15/2018. Expert disclosure must be made no later than 11/12/2018. Supplementary expert disclosure must be made no later than 11/26/2018. Expert discovery must be competed no later than 12/12/2018 (percipient) and 1/3/2019 (retained). Motions to compel non-expert discovery are to be noticed to be heard by 10/18/2018. Motions with respect to experts shall be no ticed to be heard no later than 12/12/2018. The last day for substantive pretrial motions (Motion for Summary Judgment) to be heard shall be 1/31/2019. Pretrial Conference is SET for 5/16/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Jury Trial is SET for 7/22/2019 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kastilahn, A)
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Filing
41
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 4/9/18, RECOMMENDING that the Fourth Amendment claim be dismissed from this action. As previously determined, the case should proceed on the equal protection/substantive d ue process claim against the county defendants and the trespass claim against defendant Meyers. Case REFERRED to District Judge Troy L. Nunley. Within 21 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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Filing
39
ORDER signed by Magistrate Judge Gregory G. Hollows on 03/30/18 VACATING 04/05/18 hearing on 36 Motion to Dismiss. The motion shall be taken under submission for resolution by a written order. (Benson, A.)
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Filing
37
ORDER signed by District Judge Troy L. Nunley on 3/15/2018 ORDERING that 33 Findings and Recommendations are ADOPTED and the 26 Motion to Dismiss is DENIED; Plaintiff's First and Fifth Amendment claims and procedural Due Process claim are DISMISSED without leave to amend; Plaintiff's Fourth Amendment claim is DISMISSED with leave to amend within 20 days. (Fabillaran, J)
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Filing
33
FINDINGS AND RECOMMENDATIONS; ORDER signed by Magistrate Judge Gregory G. Hollows on 1/29/2018 RECOMMENDED Lawsons First and Fifth Amendment claims should be dismissed without leave to amend; Lawson's Fourth Amendment claim should be dismissed w ith one final attempt to amend permitted; any amendment must be filed within 20 days after an adoption of these F & R's by the district judge, if they are in fact adopted; Lawson's procedural Due Process Claim should be finally dismissed, i f indeed, one has been alleged at all; all defendants' motions to dismiss the Fourteenth Amendment Equal Protection and substantive Due Process claims should be denied; ORDERING Defendants may further move to dismiss any Fourth Amendment claim w hich Lawson my allege upon amendment; no other motion to dismiss may be made; an answer shall be filed within 20 days after adoption of these F & R's, except that if Lawson amends to allege a Fourth Amendment claim, the answer shall be filed wit hin 20 after final resolution of the Fourth Amendment claim; Initial Disclosures on all but a Fourth Amendment claim shall be provided pursuant to FRCP 26 no later than 20 days after adoption of these F & R's, if adopted; the initial disclosures for the Fourth Amendment Claim shall be provided 20 days after final resolution of a Fourth Amendment claim amendment; Referred to Judge Troy L. Nunley; the parties shall submit a joint scheduling status report 20 days after adoption of these F & R's; within 21 days after being served with these F & R's any party may file written objections. (Reader, L)
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Filing
28
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/18/17. Attorney Gordon W. Bowley added for defendant Roger Meyer. (Kaminski, H)
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Filing
22
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/7/2017 ORDERING Plaintiff shall file an amended complaint within 21 days of the filed date of this order; any amended complaint shall be guided by the discussion herein, and any facts must be alleged in good faith; Defendants' motions 15 are VACATED 16 (deferred) without prejudice to renewal upon receipt of an amended complaint; any such motions shall not contain matters at odds with the discussion herein unless specific autho rity is cited to demonstrate the incorrectness or non-applicability of the matters discussed; any renewed motion shall be filed within 14 days of the receipt of an amended complaint; If no motions are filed, an answer is due at the end of the same 14 day period; Plaintiff may file a request to utilize the electronic filing system of this court if he so desires through the Clerk's Office. (Reader, L)
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Filing
14
ORDER signed by District Judge Troy L. Nunley on 8/7/2017 ORDERING All Defendants shall respond to 1 Complaint on or before 8/24/2017. If either or both of the responses are Motions to Dismiss plaintiff shall have 30 days from the receipt of the response to oppose the motion(s). (Washington, S)
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Filing
12
ORDER signed by Magistrate Judge Gregory G. Hollows on 7/31/2017 ORDERING The plaintiff shall certify in writing that he has reviewed and understands the rules for pro se use of electronic filing as described in this Order and present it to the Clerk of the Court; The Clerk of the Court shall thereafter accept an email address that will be used in electronic filing matters and PERMIT plaintiff to file using the ECF system. (Washington, S) Modified on 8/1/2017 (Washington, S).
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