Beltran v. Baker et al
| Jaime Beltran |
| Eric R. Baker, Brent T. Cross, Dragon M. Tran, Matthew R. Sweet, Gray A. Smith and Thomas J. Guerra |
| 2:2017cv01520 |
| July 21, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Monterey |
| Allison Claire |
| Garland E. Burrell |
| 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
186
MINUTES for JURY TRIAL (DAY 1) held before District Judge Troy L. Nunley on 4/22/2024: The Court heard oral argument and issued a ruling on the parties' Motions in Limine (ECF Nos. 145 - 156). The Court conducted Voir Dire and the jury was sele cted and sworn. The Court read its Preliminary Jury Instructions. Opening statements were made by both sides. Plaintiff called witness/Plaintiff Jaime Beltran. Plaintiff was sworn and testified on direct. Plaintiff's Exhibits 3, 5, 6, 7, 10, 14 and 22 were ADMITTED. Jury Trial CONTINUED to 4/23/2024 at 9:00 AM in Courtroom 2 before District Judge Troy L. Nunley. Plaintiffs Counsel Jarrett Adams and Diana Fitzgerald present. Defendants Counsel Lynne Stocker present. Court Reporter: Kimberly Bennett. (Krueger, M)
|
|
Filing
174
ORDER signed by District Judge Troy L. Nunley on 4/9/2024 GRANTING Plaintiff's Motion (ECF No. 157 ). Plaintiff shall be allowed two legal calls per week with his counsel of record until 4/22/2024 to prepare for trial. (Krueger, M)
|
|
Filing
144
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 3/14/2024 ORDERING the custodian to produce Jaime Beltran, CDCR # K-87116, to testify in the USDC on 4/22/2024 at 9:00 a.m. in courtroom 2, before D istrict Judge Troy L. Nunley; 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 the Clerk shall serve a copy of this order and writ on the Out-to-Court Desk and the custodian. (cc: OTCD-SAC; 3 Certified copies served by mail on SVSP Warden) (Yin, K)
|
|
Filing
132
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 7/14/2023 ORDERING the custodian to produce Jaime Beltran K-87116, by Zoom video conference from his place of confinement, before Magistrate Judge C arolyn K. Delaney, on August 16, 2023 at 9:30 a.m.; the 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 Courtroom Deputy Lisa Kennison. (cc: CKD, ADR) (Yin, K)
|
|
Filing
129
ORDER signed by Magistrate Judge Allison Claire on 05/23/2023 ORDERING that within 14 days, any party may request that the settlement conference be conducted by a magistrate judge other than the undersigned. (Spichka, K.)
|
|
Filing
128
ORDER signed by District Judge Troy L. Nunley on 05/10/23 ADOPTING 125 Findings and Recommendations in full, DENYING 100 Defendant Guerra's Motion for Summary Judgment; GRANTING 102 Defendants Cross, Tran, Swett, Baker, and Smith's M otion for Summary Judgment; DISMISSING Defendants Cross, Tran, Swett, Baker, and Smith from this action and proceeding against Defendant Guerra only; REFERRING matter back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)
|
|
Filing
125
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/13/2023 GRANTING plaintiff's 110 request for judicial notice. IT IS FURTHER RECOMMEDED that Defendant Guerra's 100 motion for summary judgment be denied; Defendants Cross, Tran, Swett, Baker, and Smith's 102 motion for summary judgment be granted; and Defendants Cross, Tran, Swett, Baker, and Smith be dismissed and this action proceed against defendant Guerra only. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
|
|
Filing
118
ORDER signed by Magistrate Judge Allison Claire on 1/26/2023 ORDERING that within 7 days of the filing of this order, plaintiff may supplement to 115 Request to Seal to provide the authority for sealing the requested documents. (Huang, H)
|
|
Filing
107
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/27/22 GRANTING Extension of Time. Oppositions to MSJs are due by 1/18/23 & Replies are due by 1/30/23. (Woodworth, M.)
|
|
Filing
99
ORDER signed by Magistrate Judge Allison Claire on 11/16/20 DENYING 95 Motion to Compel & DENYING 98 Request for Sanctions. (Woodworth, M.)
|
|
Filing
94
ORDER signed by Magistrate Judge Allison Claire on 8/19/2022 DENYING 86 Motion to Modify the Scheduling Order. (Huang, H)
|
|
Filing
91
PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 8/11/2022 APPROVING the parties' 90 Stipulated Protective Order as incorporated herein. The parties may not modify the terms of this Protective Order without the court's a pproval. If the parties agree to a potential modification, they shall submit a stipulation and proposed order for the court's consideration. Any provision in the parties' stipulation that is in conflict with anything in this order is hereby DISAPPROVED. (See Order for Details) (Yin, K)
|
|
Filing
89
ORDER signed by Magistrate Judge Allison Claire on 7/26/2022 ORDERING that within 21 days of the service of this order, defendants shall file a response to 86 Motion to Modify the Discovery and Scheduling Order stating whether the request is opposed and if it is opposed, on what grounds. No reply is necessary. (Huang, H)
|
|
Filing
85
ORDER signed by Magistrate Judge Allison Claire on 5/24/22 ORDERING the request of Defendant T. Guerra to substitute Lynne G. Stocker, and J. Randall Andrada, of Andrada & Associates, as attorneys of record instead of Kyle Lewis and Lilit Arabyan, Deputies Attorney General is hereby GRANTED.(Plummer, M)
|
|
Filing
81
ORDER signed by Magistrate Judge Allison Claire on 05/16/22 ORDERING this Court hereby approves the substitution of attorney filed by Bret T. Cross substituting Janine K. Jeffery of Reily & Jeffery, Inc., in place and insteadof Lilit Arabyan. 80 (Plummer, M)
|
|
Filing
79
ORDER signed by Magistrate Judge Allison Claire on 05/12/22 ORDERING this Court hereby approves the substitutions of attorney filed by Eric R. Baker, Dragon M. Tran, and Matthew R. Swett substituting Janine K. Jeffery ofReily & Jeffery, Inc., in place and instead of Kyle Anthony Lewis and Lilit Arabyan.(Plummer, M)
|
|
Filing
75
ORDER signed by Magistrate Judge Allison Claire on 05/06/22 ORDERING this Court hereby approves the substitution of attorney filed by Gray A. Smith substituting Janine K. Jeffery of Reily & Jeffery, Inc., in place and insteadof Kyle Anthony Lewis and Lilit Arabyan.(Plummer, M)
|
|
Filing
73
ORDER signed by Magistrate Judge Allison Claire on 05/04/22 ORDERING this Court hereby approves the substitution of attorney filed by Bret T. Cross substituting Janine K. Jeffery of Reily & Jeffery, Inc., in place and insteadof Kyle Anthony Lewis.(Plummer, M)
|
|
Filing
71
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 4/26/22 ORDERING that the court modifies the 1/27/22 discovery and scheduling order 67 to extend Defendants' response deadline to Plaintiff's initial written discovery, Set No. One, served on May 25, 2021, from April 30, 2022 to May 23, 2022. In all other respects, the discovery and scheduling order should remain unchanged.(Plummer, M) Modified on 4/27/2022 (Plummer, M).
|
|
Filing
65
ORDER signed by Magistrate Judge Allison Claire on 1/12/22 ORDERING within 21 days of the filing of this order, the parties shall confer and submit ajoint status report and proposed schedule for the completion of merit-based discovery and dispositive motions. If the parties are unable to submit a single proposed schedule because they cannot agree on deadlines, the joint status report must reflect each party's proposed deadlines.(Plummer, M)
|
|
Filing
64
ORDER signed by District Judge Troy L. Nunley on 1/10/2022 ADOPTING 63 The Findings and Recommendations in full; DENYING 46 Motion for Summary Judgment; This matter is REFERRED to the assigned Magistrate Judge for all further pretrial proceeds. (Mena-Sanchez, L)
|
|
Filing
63
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/12/2021 DENYING defendants', ECF No. 58 - 2, motion to strike; GRANTING defendants', ECF No. 58 - 3, request for judicial notice, to the extent the court takes judicial notice of the sections of the Department Operations Manual specifically identified in their reply, the motion is otherwise DENIED; and DENYING plaintiff's 59 motion to strike. IT IS RECOMMENDED that defendants' 46 motion for summary judgment be denied. Referred to District Judge Troy L. Nunley; Objections to the F&R due within 14 days. (Yin, K)
|
|
Filing
57
ORDER signed by Magistrate Judge Allison Claire on 09/24/21 GRANTING 56 Defendants request for leave to exceed the ten-page limit for their Reply to Plaintiffs Opposition to Defendants Motion for Summary Judgment and GRANTS Defendants request for leave to file a separate Reply to Plaintiffs Response to Defendants Statement of Undisputed Facts. (Plummer, M)
|
|
Filing
51
ORDER signed by Magistrate Judge Allison Claire on 8/5/2021 GRANTING in part and DENYING in part defendants' 47 motion to stay; VACATING the 9/8/2021 hearing on the motion to stay; and DENYING as moot, defendants' 48 application t o shorten time for the hearing on their motion to stay. The 47 motion to stay is GRANTED as to the deadlines for merit-based discovery and dispositive motions. The deadlines in the 7/15/2021 Order (ECF No. 44 at 4), including defendants ' 8/11/2021 deadline to respond to all pending written discovery requests, are VACATED. The deadlines will be re-set, as necessary, upon resolution of the pending motion for summary judgment. The 47 motion to stay is DENIED as to disco very related to plaintiff's exhaustion of administrative remedies. Plaintiff may complete any depositions of individuals on matters related to the exhaustion of plaintiff's administrative remedies by 8/31/2021, with any necessary motions to compel filed by 9/13/2021. (Yin, K)
|
|
Filing
44
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 07/14/21 ORDERING the extension of the deadlines to: (1) complete non-expertdepositions to August 31, 2021; (2) file any necessary motion to compel to September 13, 2021; and (3) fil e pretrial motions to November 22, 2021. In all other respects, the discovery and scheduling order should remain unchanged. The parties have also agreed that Defendants responses to all pending written discovery shall be due on August 11, 2021.(Plummer, M)
|
|
Filing
42
ORDER signed by Magistrate Judge Allison Claire on 7/1/2021 EXTENDING the deadline to complete non-expert depositions to 7/30/2021; EXTENDING the deadline to file a motion to compel non-expert depositions, if necessary, to 8/14/2021; EXTENDING the d eadline to file pretrial motions to 10/22/2021; ORDERING in all other respects the discovery and scheduling order should remain unchanged; and ORDERING Plaintiff's deposition to be rescheduled and completed at a later time consistent with the Court's anticipated modification of the discovery and scheduling order consistent with this stipulation.(Henshaw, R)
|
|
Filing
40
ORDER signed by Magistrate Judge Allison Claire on 05/12/21 GRANTING 39 Motion to amend the scheduling order. Plaintiff may conduct discovery until July 23, 2021, and any motions necessary to compel discovery shall be filed by that date. All requ ests for discovery pursuant to Federal Rules of Civil Procedure 31 (deposition by written question), 33 (interrogatories), 34 (production of documents), or 36 (admissions) shall be served no later than May 28, 2021. Going forward, motions should be noticed in accordance with the non-prisoner provisions of Local Rule 230, unless governed by a separate Local Rule, and Local Rule 251 shall apply to any discovery disputes. (Plummer, M)
|
|
Filing
38
ORDER signed by Magistrate Judge Allison Claire on 4/9/2021 GRANTING the parties 36 Stipulation. The deadline to: (1) depose Plaintiff is 6/30/2021; (2) file a motion to compel Plaintiff's deposition, if necessary, is 7/14/2021; and (3) file pretrial motions is 9/22/2021. In all other respects, the discovery and scheduling order shall remain unchanged. (Yin, K)
|
|
Filing
34
ORDER signed by Magistrate Judge Allison Claire on 4/26/21 DENYING 33 Application for admission to practice Pro Hac Vice. (Plummer, M)
|
|
Filing
29
ORDER signed by Magistrate Judge Allison Claire on 12/08/20 LIFTING THE STAY of this action. Within 21 days of the filing of this order, defendants shall file a response to the complaint. (Plummer, M)
|
|
Filing
26
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 9/22/2020 ORDERING the custodian to produce Jaime Beltran #K-87116 by Zoom video conference from his place of confinement, before Magistrate Judge Kendall J. Newman, on 10/27/2020 at 1:30 p.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 Alexandra Waldrop, Courtroom Deputy. (cc: KJN, I.T. Dept., ADR)(Yin, K)
|
|
Filing
24
ORDER signed by Magistrate Judge Allison Claire on 05/04/20 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The plaintiff shall file the attached notice re settlement conference within 30 days of this order. 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. (Plummer, M)
|
|
Filing
13
ORDER signed by Magistrate Judge Allison Claire on 12/30/2019 ORDERING, within 14 days, plaintiff shall complete and return the attached form notifying the court whether he wants to proceed on the screened complaint or whether he wants to file a fir st amended complaint. If plaintiff does not return the attached form, the court will assume that he is choosing to proceed on the complaint as screened and will recommend dismissal without prejudice of the claim that defendants Cross, Tran, Baker, Swett, Smith and Guerra failed to protect him when they failed to prevent an assault by two other inmates. (Yin, K)
|
|
Filing
11
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jaime Beltran signed by Magistrate Judge Allison Claire on 12/03/19. CDC shall 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
3
ORDER signed by Magistrate Judge Allison Claire on 7/24/2017 ORDERING Plaintiff to submit, within 30 days from the date of this order, an application to proceed IFP or the required fees of $400. (Henshaw, R)
|
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.
