Arzaga v. Santiago et al
Plaintiff: Daniel Jesus Arzaga
Defendant: E. Santiago, G. Donna, Haluik, A. Victoriano and S. Pak
Case Number: 2:2018cv00313
Filed: February 6, 2018
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: Kimberly J. Mueller
Presiding Judge: Kendall J. Newman
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
September 21, 2022 Opinion or Order Filing 129 ORDER signed by Chief District Judge Kimberly J. Mueller on 9/20/2022 ADOPTING in FULL 119 Findings and Recommendations. Defendant Santiago is DISMISSED from this action without prejudice. ADOPTING in FULL 120 Findings and Recommendations. GRANTING 108 Motion for Judgment on the Pleadings, and this action is DISMISSED with prejudice as barred by res judicata. CASE CLOSED(Reader, L)
May 5, 2022 Opinion or Order Filing 122 ORDER signed by Magistrate Judge Kendall J. Newman on 5/4/2022 PARTIALLY GRANTING 121 Motion for Extension of Time. Plaintiff is DIRECTED to file and serve objections to the 119 Findings and Recommendations recommending dismissal of defendant Santiago within 30 days from the date of this order. (Perdue, C.)
April 28, 2022 Opinion or Order Filing 120 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/27/22 RECOMMENDING that the 108 Motion for Judgment be granted and this action be dismissed with prejudice as barred by res judicata. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations.(Licea Chavez, V)
April 14, 2022 Opinion or Order Filing 119 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/14/22 RECOMMENDING that defendant Santiago be dismissed from this action without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
March 22, 2022 Opinion or Order Filing 118 ORDER signed by Magistrate Judge Kendall J. Newman on 03/22/22 DENYING 116 plaintiff's motion. (Plummer, M)
January 26, 2022 Opinion or Order Filing 111 ORDER signed by Magistrate Judge Kendall J. Newman on 1/26/2022 ORDERING, within 30 days, plaintiff shall file an opposition, if any, to the 108 motion for summary judgment on the pleadings. (Yin, K)
January 19, 2022 Opinion or Order Filing 110 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 1/19/2022 DENYING 103 Request to Change Case Caption and ORDERING Plaintiff to show cause why Defendant Santiago should not be dismissed within 30 days from the date of this order. (Henshaw, R)
December 16, 2021 Opinion or Order Filing 106 ORDER signed by Chief District Judge Kimberly J. Mueller on 12/16/21; Haluik ADOPTING 102 Findings and Recommendations in full DISMISSING defendants Haluik and Victoriano without prejudice; REFERRING matter back to assigned magistrate judge for all further proceedings. (Benson, A.)
November 9, 2021 Opinion or Order Filing 102 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/8/2021 RECOMMENDING defendants Haluik and Victoriano be dismissed from this action without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
September 22, 2021 Opinion or Order Filing 99 ORDER signed by Magistrate Judge Kendall J. Newman on 9/22/2021 ORDERING Clerk to send plaintiff 1 USM-285 form and ORDERING Plaintiff to submit the completed USM-285 form within 30 days from the date of this order. (Henshaw, R)
August 27, 2021 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Kendall J. Newman on 8/27/21 DENYING 91 plaintiff's Motion. The clerk of court is directed to send plaintiff 2 blank USM-285 forms. Within thirty days, plaintiff shall submit the properly completed USM-285 forms required to effect service on defendants Haluik and A. Victoriano. (Plummer, M)
August 6, 2021 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 8/6/2021 DENYING plaintiff's 85 motion. (Yin, K)
July 30, 2021 Opinion or Order Filing 88 ORDER signed by Magistrate Judge Kendall J. Newman on 07/30/21 DISREGARDING 87 plaintiff's 7/26/21 notice of contact information. The Clerk of the Court is directed to send plaintiff three USM-285 forms.(Plummer, M)
June 9, 2021 Opinion or Order Filing 83 ORDER signed by Magistrate Judge Kendall J. Newman on 06/09/21 DENYING 79 Motion to subpoena and PARTIALLY GRANTING 80 Motion to Vacate the Scheduling Order. Deadlines set in the scheduling order and revised scheduling order 48 , 64 are vaca ted, except that discovery as to defendants Gisler and Pak remains closed. Plaintiff is granted an additional 90 days from the date of this order to serve defendant E. Santiago, and to identify, locate and serve defendants Haluik, and April R. Victoriano. (Plummer, M)
March 11, 2021 Opinion or Order Filing 72 ORDER signed by Magistrate Judge Kendall J. Newman on 3/11/2021 GRANTING plaintiff an additional 90 days to serve process on defendants E. Santiago, Haluik, and A. Victoriano; and DENYING plaintiff's 70 motion filed 3/5/2021. (Yin, K)
January 27, 2021 Opinion or Order Filing 68 ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/2021 GRANTING 65 Motion for Continuance; DENYING 66 Motion to Compel; and DENYING without prejudice 67 Request for Subpoena Forms. Plaintiff may file a properly supported motion to compel further responses to his 8/15/2020 request for production of documents within 30 days from the date of this order. (Henshaw, R)
December 1, 2020 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Kendall J. Newman on 12/01/20 DENYING 57 Motion to stay discovery and PARTIALLY GRANTING 51 plaintiff's 9/14/20 motion. Plaintiff is granted thirty days in which to file a motion to compel further responses to his August 15, 2020 request for production of documents. Plaintiffs time for service of process on defendants Santiago, Haluik and Victoriano is extended for 120 days from the date of this order. The discovery deadline is extended until March 1, 2021, for the sole purposes described above. All pretrial motions, except motions to compel discovery, shall be filed on or before June 1, 2021. In all other respects, the July 2, 2020 scheduling order 48 remains in effect.. (Plummer, M)
October 21, 2020 Opinion or Order Filing 58 ORDER signed by Magistrate Judge Kendall J. Newman on 10/20/20 ORDERING that within 14 days, counsel for defendants shall respond to plaintiffs motion 57 as set forth above. (Plummer, M)
September 21, 2020 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Kendall J. Newman on 9/21/2020 GRANTING 52 Application. Plaintiff's deposition may be taken via video conference, with the plaintiff, the deposition reporter, and defense counsel in separate locations and such deposition testimony shall be admissible the same as other depositions. (Henshaw, R)
August 21, 2020 Opinion or Order Filing 50 ORDER signed by Magistrate Judge Kendall J. Newman on 08/21/20 ORDERING the Clerk of the Court is directed to send to plaintiff 3 USM-285 forms and instruction sheet to be completed and returned with the notice of submission of documents within 90 days from the date of this order. (Plummer, M)
June 2, 2020 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kendall J. Newman on 06/02/20 GRANTING 44 motion to opt out and the stay of this action is lifted. (Plummer, M)
April 22, 2020 Opinion or Order Filing 40 ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2020 GRANTING 37 Request by Defendants Gisler and Pak and ORDERING Defendants Gisler and Pak to respond to 35 Order by, and including, 6/1/2020. (Henshaw, R)
April 1, 2020 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Kendall J. Newman on 4/01/20 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 schedule 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. (Plummer, M)
February 13, 2020 Opinion or Order Filing 31 ORDER signed by Chief District Judge Kimberly J. Mueller on 2/12/2020 ADOPTING in full 29 Findings and Recommendations. Defendants' 23 motion to revoke plaintiff's in forma pauperis status is GRANTED. Plaintiff's 11 in form a pauperis status is REVOKED. Plaintiff is ORDERED to pay the $400.00 filing fee within 21 days from the date of this order adopting the findings and recommendations. This matter is REFERRED back to the magistrate judge for all further pretrial proceedings. (Kastilahn, A)
July 9, 2019 Opinion or Order Filing 29 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/9/2019 RECOMMENDING 23 Motion to Revoke Plaintiff's IFP Status be granted; 11 Plaintiff's IFP Status be revoked; and Plaintiff be ordered to pay the $40 0.00 filing fee within 21 days from the date the district court adopts the instant findings and recommendations and failure to timely pay the filing fee will result in the dismissal of this action. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
December 18, 2018 Opinion or Order Filing 15 ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/2018 VACATING the 11 findings and recommendations filed 11/14/2018 and DISMISSING plaintiff's complaint. Within 30 days, plaintiff shall complete and return the Notice of Amendment with the required documents. (Yin, K)
November 14, 2018 Opinion or Order Filing 12 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Daniel Jesus Arzaga signed by Magistrate Judge Kendall J. Newman on 11/14/18. CDC is to 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)
February 14, 2018 Opinion or Order Filing 7 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/14/2018 DIRECTING the Clerk to assign a district judge to this case. Judge Kimberly J. Mueller assigned to this case. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Fabillaran, J)
February 9, 2018 Opinion or Order Filing 3 ORDER Transferring Case to the Sacramento Division, signed by Magistrate Judge Barbara A. McAuliffe on 2/9/18. Old Case No. 1:18-cv-0185-BAM, New Case No. 2:18-cv-0313-KJN. (Gonzalez, R)
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Plaintiff: Daniel Jesus Arzaga
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Defendant: E. Santiago
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Defendant: G. Donna
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Defendant: Haluik
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Defendant: A. Victoriano
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Defendant: S. Pak
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