M.B. v. State of California et al
Plaintiff: M. B. and Twyller Weary
Defendant: State of California, California Department of Corrections and Rehabilitation, Edmund G. Brown, Jr., Scott Kernan and David Baughman
Case Number: 2:2017cv02395
Filed: November 11, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Deborah Barnes
Presiding Judge: William B. Shubb
Nature of Suit: Other Civil Rights
Cause of Action: 28 U.S.C. ยง 1343
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 8, 2019 Opinion or Order Filing 68 ORDER signed by Senior Judge William B. Shubb on 2/8/19 GRANTING 62 Motion to Dismiss. Plaintiffs' First, Second and Third claims are DISMISSED with prejudice. Plaintiffs' Fourth and Fifth claims are DISMISSED without prejudice to re-filing in state court. CASE CLOSED (Kastilahn, A)
December 20, 2018 Opinion or Order Filing 64 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/20/18 CONTINUING Scheduling Conference to 03/18/19 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file a joint status report by 03/04/19.(Benson, A.)
November 13, 2018 Opinion or Order Filing 61 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/13/18 GRANTING 60 Stipulation to extend the deadline for response to 4th Amended Complaint. The deadline for Defendants Manes, Vue, Ballard, Mohr, and Munroe to respond to the Fourth Amended Complaint is extended to 12/10/18.(Coll, A)
November 1, 2018 Opinion or Order Filing 57 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/31/2018 CONTINUING Scheduling Conference to 1/28/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file with the Court a joint status report fourteen calendar no later than 1/14/2019. (Zignago, K.)
October 16, 2018 Opinion or Order Filing 55 ORDER re 45 Motion for Reconsideration and 48 Motion to Dismiss signed by Senior Judge William B. Shubb on 10/16/2018: IT IS ORDERED that CDCR's Motion for Reconsideration 45 be, and the same hereby is, GRANTED. The Fifth Cause of Acti on against CDCR is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that individual defendants' Motion to Dismiss 48 be, and the same hereby is, GRANTED. All claims against defendants Manes, Mohr, Munroe, Vue, and Ballard are dismissed. Plaintiffs have twenty days from the date this Order is signed to file a Fourth Amended Complaint, if they can do so consistent with this Order. (Kirksey Smith, K)
August 23, 2018 Opinion or Order Filing 43 ORDER signed by Senior Judge William B. Shubb on 8/23/2018 DISMISSING all claims against Baughman. The fourth claim for negligence is dismissed against CDCR. In all other respects, defendants' 33 Motion to Dismiss is DENIED. Plaintiffs have 20 days from the date this Order is signed to file a 4th Amended Complaint, if they can do so consistent with this Order. (York, M)
August 14, 2018 Opinion or Order Filing 39 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/13/2018 ORDERING that the deadline Defendants Manes and Munroe's responsive pleading is EXTENDED to twenty one days after either a ruling on the pending motion to dismiss or, if ordered, the filing of a fourth amended complaint. (Washington, S)
June 6, 2018 Opinion or Order Filing 30 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/5/2018 GRANTING the parties' stipulation to file an amended complaint; Plaintiffs to file Third Amended Complaint by 6/7/2018. Defendants' response due 28 days thereafter. (Fabillaran, J)
May 25, 2018 Opinion or Order Filing 28 ORDER signed by Senior Judge William B. Shubb on 5/25/2018 GRANTING 25 Defendants' Motion to Continue the Scheduling Conference: The Scheduling Conference is reset for 9/24/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 9/10/2018. (Kirksey Smith, K)
April 17, 2018 Opinion or Order Filing 22 STIPULATION and ORDER for continuance 21 signed by Senior Judge William B. Shubb on 4/17/2018 resetting the Scheduling Conference for 6/18/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall submit to the Court a joint status report no later than 6/4/2018. (Kirksey Smith, K)
January 19, 2018 Opinion or Order Filing 8 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 01/18/18 ORDERING that Plaintiffs shall file their Amended Complaint within 14 days; defendants' response is due no later than 14 days after the amended complaint is filed. (Benson, A.)
November 16, 2017 Opinion or Order Filing 5 ORDER signed by Senior Judge William B. Shubb on 11/15/2017 GRANTING 1 Petition for order appointing Titice Beverly Elliot as guardian ad litem for M.B. III. (Hunt, G)
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Defendant: State of California
Represented By: Diana Esquivel
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Defendant: California Department of Corrections and Rehabilitation
Represented By: Diana Esquivel
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Defendant: Edmund G. Brown, Jr.
Represented By: Diana Esquivel
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Defendant: Scott Kernan
Represented By: Diana Esquivel
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Defendant: David Baughman
Represented By: Diana Esquivel
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Plaintiff: M. B.
Represented By: Steven C. Glickman
Represented By: Nicole Elizabeth Hoikka
Represented By: John Edward Sweeney
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Plaintiff: Twyller Weary
Represented By: Steven C. Glickman
Represented By: Nicole Elizabeth Hoikka
Represented By: John Edward Sweeney
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