Khouanmany v. United States Marshals et al
| Vilaychith Khouanmany |
| United States Marshals, Sacramento County Sheriff's Department and Caesar (lnu) |
| 2:2017cv01326 |
| June 29, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Garland E. Burrell |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
204
ORDER signed by District Judge Troy L. Nunley on 1/31/2023 ADOPTING in FULL 203 Findings and Recommendations. GRANTING 188 Motion for Summary Judgment, in their favor and against Plaintiff, and the Clerk of Court is directed to close the case. CASE CLOSED (Reader, L)
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Filing
203
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 01/04/23 GRANTING 198 Motion to Submit Opposition and RECOMMENDING that the 188 Motion for Summary Judgment be granted and case closed. Referred to Judge Troy L. Nunley; Objections to F&Rs due within 14 days. (Benson, A.)
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Filing
191
ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 9/23/2022 ORDERING plaintiff to show cause, within 21 days, why this case should not be dismissed for failure to prosecute and for failure to comply with the court's local rules. Should plaintiff wish to continue with this lawsuit, plaintiff shall, within 21 days, file an opposition or statement of non-opposition to defendants' 188 motion for summary judgment. (Yin, K)
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Filing
190
ORDER signed by District Judge Troy L. Nunley on 9/15/2022 ADOPTING 186 Findings and Recommendations in full, DENYING 183 Motion for Summary Judgment. (Coll, A)
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Filing
186
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/12/2022 GRANTING defendants' 184 motion to modify the scheduling order. Their motion for summary judgment is due 30 days from this order's entry . Plaintiff's opposition, if any, to that motion is due 21 days after service of defendants' motion. Defendants' reply shall be due 14 days after service of plaintiff's opposition. IT IS RECOMMENDED that plaintiff's 183 motion for summary judgment be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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Filing
176
ORDER signed by Magistrate Judge Jeremy D. Peterson on 2/9/2022 GRANTING plaintiff's 12/27/2021 filing, 172 construed as a motion to modify the supplemental scheduling order. The deadline to file motions to compel defendant Deppe to provid e discovery is extended to 2/3/2022. The deadline to file dispositive motions is extended to 6/3/2022. Defendants shall file an opposition or statement of non-opposition to plaintiff's 174 , 175 motions to compel no later than 3/3/2022. Plaintiff may file a reply to defendants' opposition, if any, on or before 3/10/2022. (Yin, K)
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Filing
171
ORDER signed by District Judge Troy L. Nunley on 9/7/2021 ADOPTING in full the findings and recommendations filed 7/ 29/ 2021; and DENYING Plaintiff's motion for summary judgment (ECF No. 162 ) without prejudice. (Becknal, R)
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Filing
169
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/28/21 GRANTING 151 motion to modify the scheduling order. The supplemental scheduling order, 138 , is modified as follows:a. plaintiff is granted until Au gust 27, 2021 to serve one set of interrogatories and one set of requests for production of documents on defendant Deppe; b. the interrogatories and requests for production of documents may only seek information related to plaintiffs Eighth Amendment claims for the sexual assaults that allegedly occurred on February 26, 2016;c. plaintiff must serve her discovery requests on defendant Deppes attorney of record at the following address: Chi Soo Kim, United States Attorney's Office, 501 " I" Street, Suite 10-100, Sacramento, CA 95814. d. any motion to compel Deppes responses to discovery shall be filed by no later than October 15, 2021. The deadline for filing dispositive motions is extended to January 7, 2022. Plaintiffs motion for appointment of counsel, 156 , is denied. Plaintiffs motion to compel, 161 , is denied without prejudice. Defendants motion for an extension of time, 163 , is denied as moot. Also, RECOMMENDING that plaintiff's motion for summary judgment 162 be denied without prejudice. Motion 162 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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Filing
155
ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/17/20 DENYING 152 Motion to Appoint Counsel; DENYING 153 , 154 Motions for Discovery. Lastly, plaintiff has filed a motion to extend any and all deadlines, which I construe as a motion to modify the June 22, 2020 supplemental discovery and scheduling order. 151 ; see 138 . Defendants will be afforded an opportunity to respond to this motion prior to any decision from the court. Accordingly, within fourteen days of the date this order is filed, defendants shall file an opposition or statement of non-opposition to plaintiffs motion to modify the June 22, 2020 supplemental discovery and scheduling order. (Plummer, M)
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Filing
146
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/7/2020 DENYING plaintiff's 145 request for the appointment of counsel. (Yin, K)
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Filing
139
ORDER signed by District Judge Troy L. Nunley on 06/19/2020 ADOPTING IN FULL 128 Findings and Recommendations. All claims in the third amended complaint, other than Plaintiff's Eighth Amendment sexual assault claims against Defendants Deppe and Alencastre, are DISMISSED without leave to amend. (Tupolo, A)
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Filing
128
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/06/20 ORDERING the clerk of court is directed to title the complaint at 125 as "Third Amended Complaint." Service is appropriate for defendant Kevi n Deppe. The clerk of court shall send plaintiff 1 summons, instruction sheet, 1 USM-285 form, a copy of the third amended complaint to be completed and returned with the notice of submission of documents within 30 days. Also, RECOMMENDING that for the reasons stated above, all claims in the third amended complaint, other than plaintiff's Eighth Amendment sexual assault claims against defendants Deppe and Alencastre be dismissed with leave to amend. Referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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Filing
124
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/2020 GRANTING plaintiff's 107 motion to amend the complaint, to the extent that, within 30 days, plaintiff must submit an amended complaint that is compete in itself in accordance w ith this order; DENYING as duplicative and thus moot plaintiff's subsequently-filed 114 , 120 motions to amend; DENYING plaintiff's 108 , 112 , 114 motions to compel; DENYING without prejudice plaintiff's 114 , 119 motions for the appointment of counsel ; and DISREGARDING plaintiff's 122 responses to discovery. (Yin, K)
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Filing
113
ORDER signed by District Judge Troy L. Nunley on 12/2/19 ADOPTING 106 Findings and Recommendations in full; and DENYING 101 Motion to Amend the Complaint.(Mena-Sanchez, L)
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Filing
106
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/16/19 RECOMMENDING that 101 plaintiff's motion to amend be denied. Matter REFERRED to Judge District Judge Troy L. Nunley. 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. (Kastilahn, A)
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Filing
104
ORDER signed by Magistrate Judge Edmund F. Brennan on 09/18/19 DENYING 103 Motion to Appoint Counsel. (Plummer, M)
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Filing
99
ORDER signed by Magistrate Judge Edmund F. Brennan on 08/13/19 DISREGARDING 98 plaintiff's request for production of documents and DENYING 98 request for subpoena duces tecum. (Plummer, M)
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Filing
97
ORDER signed by District Judge Troy L. Nunley on 7/11/19 ADOPTING 73 Findings and Recommendations. Defendants Jones, Gaskin-Bailey, Yao, and Deppe are dismissed without prejudice. (Kaminski, H)
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Filing
87
ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/2019 DENYING 84 without prejudice, request for the appointment of counsel. DENYING 83 request for discovery as premature, and Plaintiff's 84 request for a stay is DENIED without prejudice. (Reader, L)
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Filing
79
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/23/19 DENYING 78 Motion to Appoint Counsel. (Plummer, M)
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Filing
73
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/28/2019 VACATING 64 Findings and Recommendations; GRANTING in PART 68 Motion - granting request to file proposed amended complaint and denying the motion in all other respects; DIRECTING Clerk of Court to separately docket 68 Motion as "Second Amended Complaint"; DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms with Notice of Submission of Documents within 30 days of service of this order; and RECOMMENDING defendants Jones, Gaskin-Bailey, Yao, and Deppe be dismissed without prejudice for the reasons identified in this order. Service is appropriate for Alencastre. Clerk to send plaintiff: 1 Summons, 1 USM-285 Form with instruction sheet, and 1 copies of the Amended Complaint filed on 11/26/2018. 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
67
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 DENYING plaintiff's 66 request for appointment of counsel and GRANTING her 65 request for an extension of time. Any objections to the 10/19/2018, findings and recommendations shall be filed no later than 120 days from the date of this order. (Yin, K)
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Filing
64
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/18/18 DENYING 46 Motion for Order re Production of Documents, 52 Motion to Proceed, 58 Motion to Move Forward with Amended Complaint, 61 Motion to A ppoint Counsel and 62 Motion for Extension of Time and GRANTING 50 Motion to Amend the Complaint. It is further RECOMMENDED that 51 plaintiff's amended complaint be dismissed without prejudice for failure to identify a viable defendant that can be served and that this case be closed. Referred to Judge Troy L. Nunley. Objection due within 14 days after being served with these findings and recommendations. (Coll, A)
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Filing
60
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/20/2018 DENYING plaintiff's 57 request for appointment of counsel. (Yin, K)
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Filing
49
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/14/2018 ORDERING the Clerk shall serve a copy of this order and plaintiff's 46 motion to produce documents on (a) the Custodian of Records for the Eastern District of CA, U.S. Marshals Service and (b) the Custodian of Records for the Sheriff of Sacramento County. Within 14 days, each Custodian of Records shall respond to plaintiff's motion to produce documents. Alternatively, they may produce the requested documents and provi de the notice of the court of the same. Plaintiff's 47 request for an extension is GRANTED to the extent that she will have 90 days to file her amended complaint. Plaintiff's 48 request for the appointment of counsel is DENIED without prejudice. (Yin, K)
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Filing
42
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/2018 AMENDING the subpoena duces tecum as stated in this order; DIRECTING Clerk of Court to issue the subpoena duces tecum and send the original subpoena duces tecum, along with a copy of t his order, to the U.S. Marshal; DIRECTING the U.S. Marshal to personally serve the subpoena duces tecum and copy of this order, as stated in this order, no later than 2/28/2018; ORDERING the U.S. Marshal to file the returns of service for the nonpar ties with the court, within 10 days after personal service of the subpoena duces tecum is effected; GRANTING 40 Motion for Extension of Time to the extent that Plaintiff to have 90 days from the date of service of this order to file an amended complaint; and DENYING without prejudice 41 Request for Appointment of Counsel. (Henshaw, R)
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Filing
38
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/29/2017 GRANTING 34 Motion for Order re Production of Documents. The Clerk of the Court is DIRECTED to provide plaintiff with a signed but otherwise blank subpoena duces tecum form with this order. Within 21 days, plaintiff must return the signed subpoena provided with this order. The subpoena should identify with particularity the materials it commands to be produced and the deadline for filing an amended complaint is EXTENDED by 90 days from the date of service of this order. (York, M)
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Filing
33
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/2017 GRANTING 32 Motion for Extension of Time. Plaintiff to file amended complaint within 90 days from the date this order is served. (Henshaw, R)
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Filing
31
ORDER signed by Magistrate Judge Edmund F. Brennan on 9/19/2017 DENYING without prejudice plaintiff's 21 motion for discovery; DENYING without prejudice plaintiff's 30 motion for the appointment of counsel; DENYING as moot plaintiff's 29 motion to amend the complaint; and DISMISSING plaintiff's complaint with leave to amend within 30 days. (Yin, K)
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